PUBLICATION 611 WASTE MANAGEMENT GUIDANCE MANUAL ...

PUBLICATION 611

WASTE MANAGEMENT GUIDANCE MANUAL

November 2011

PUB 611 (11-11)

PREFACE Publication 611 – Waste Management Guidance Manual (Pub. 611/2008) was developed with the intent to provide the Pennsylvania Department of Transportation (PennDOT) personnel with a reference tool for the management of hazardous and non-hazardous wastes generated through routine Department operations. Pub. 611 briefly summarizes the applicable U.S. Environmental Protection Agency (EPA) and Pennsylvania Department of Environmental Protection (PADEP) regulations, but there is no intent on the part of PennDOT to give the procedures in this guidance weight or deference. This guidance is for informational purposes only; it is not regulatory. Although the provided information is as current and reliable as possible, all wastes must be characterized, managed and disposed as required per Title 25 Chapters 260-299 of PADEP Codes and Regulations. If any questions arise after reading this guide, please contact the Strategic Environmental Management Program Unit of the Bureau of Maintenance or appropriate regulatory agency.

PennDOT WASTE STREAM MANAGEMENT POSITION

PennDOT is committed to protecting the environment and lowering its waste disposal costs and liability. In keeping with this commitment we strive to use cost effective and practical methods to reduce adverse toxic impacts from the transportation infrastructure on the air, soil and water. PennDOT’s environmental guidelines include the following objectives:

◊ Seeks to demonstrate its commitment by adhering to all environmental regulations.

◊ Commitment to source reduction, reuse, recycling of waste generation through

research, design, and field operations.

◊ Lowering expensive disposal costs and liability associated with the use of regulated materials/waste.

◊ Promotes cooperation and coordination between government and the public

toward the shared goal of preventing pollution and conserving our environment.

Reduce, Reuse, Recycle

LIST OF ACRONYMS ACBM: Asbestos Containing Building Materials APC: Asbestos Program Coordinator API: American Petroleum Institute AST: Aboveground Storage Tank ASTM: American Society for Testing and Materials CAS: Chemical Abstracts Service CERCLA: Comprehensive Environmental Response, Compensation, and Liability Act of 1980 CESQG: Conditionally Exempt Small Quantity Generator CFC: Chloroflourocarbon CFR: Code of Federal Regulations CWA: Clean Water Act DOT: Department of Transportation DWMC: District Waste Management Coordinator EC: Emergency Coordinator EPA: U.S. Environmental Protection Agency ESA: Environmental Site Assessment FIFRA: Federal Insecticide, Fungicide, and Rodenticide Act FR: Federal Register HAZWOPER: Hazardous Waste Operations and Emergency Response (training) HSWA: Hazardous and Solid Waste Amendments of 1984 ID: Identification

Kg: kilogram LDR: Land Disposal Restrictions (40 CFR Part 268) LQG: Large Quantity Generator (of hazardous Waste) LQHUW: Large Quantity Handler of Universal Waste MSDS: Material Safety Data Sheet NESHAP: National Emissions Standards for Hazardous Air Pollutants OSHA: Occupational Safety and Health Administration PPE: Personal Protective Clothing and Equipment PADEP: Pennsylvania Department of Environmental Protection PCBs: Polychlorinated Biphenyls PennDOT: Pennsylvania Department of Transportation POTW: Publicly Owned Treatment Works RACM: Regulated Asbestos-Containing Material RCRA: Resource Conservation and Recovery Act Semi-VOCs: Semi-Volatile Organic Compounds SPCC: Spill Prevention, Control and Countermeasures (Plan) SQG: Small Quantity Generator (of hazardous waste) SQHUW: Small Quantity Handler of Universal Waste TCLP: Toxic Characteristic Leaching Method TSDF: Transportation Storage and Disposal Facility USEPA: United States Environmental Protection Agency UST: Underground Storage Tank VOCs: Volatile Organic Compounds

TABLE OF CONTENTS 1.0 INTRODUCTION ..................................................................................................... 1 2.0 PADEP CONTACTS ............................................................................................... 1 3.0 MAKING A WASTE DETERMINATION ................................................................. 1

3.1 REGULATORY ACT AND FRAMEWORK ........................................................... 1

3.2 WASTE DETERMINATION PROCESS ............................................................... 3 3.2.1 HAZARDOUS WASTE DETERMINATION .................................................................. 3

3.2.2 NON-HAZARDOUS WASTE DETERMINATIONS .................................................... 13

4.0 HAZARDOUS WASTE MANAGEMENT ................................................................ 1 4.1 BACKGROUND AND APPLICABILITY ............................................................... 1

4.2 HAZARDOUS WASTE GENERATOR CATEGORIES ........................................ 3 4.2.1 LARGE QUANTITY GENERATOR (LQG) .................................................................... 3

4.2.2 SMALL QUANTITY GENERATOR (SQG) ................................................................... 3

4.2.3 CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR (CESQG) ................. 4

4.2.4 HAZARDOUS WASTE GENERATOR CATEGORY DETERMINATION ..................... 4

4.3 MANAGEMENT OF HAZARDOUS WASTE ...................................................... 11 4.3.1 HAZARDOUS WASTE STORAGE REQUIREMENTS ............................................... 11

4.3.2 LABELING REQUIREMENTS ..................................................................................... 12

4.3.3 MANIFESTING ............................................................................................................ 13

4.3.4 RECORDKEEPING AND REPORTING ..................................................................... 14

4.3.5 EXPORT AND IMPORT REQUIREMENTS ................................................................ 15

5.0 UNIVERSAL WASTE .............................................................................................. 1 5.1 BACKGROUND AND APPLICABILITY ............................................................... 1

5.1.1 UNIVERSAL WASTE GENERATOR CATEGORIES ................................................... 2

5.2 UNIVERSAL WASTE MANAGEMENT ................................................................ 3 5.2.1 BATTERIES .................................................................................................................. 3

5.2.2 LAMPS .......................................................................................................................... 4

5.2.3 MERCURY-CONTAINING DEVICES & MERCURY THERMOSTATS ........................ 5

5.2.4 PESTICIDES ................................................................................................................. 5

6.0 RESIDUAL WASTE ................................................................................................ 1 6.1 BACKGROUND AND APPLICABILITY ............................................................... 1

6.2 MANAGEMENT OF RESIDUAL WASTE ............................................................. 4 6.2.1 RESIDUAL WASTE REQUIREMENTS ........................................................................ 4

6.2.2 RESIDUAL WASTE GENERATOR CATEGORIES ...................................................... 6

6.3 TYPICAL PENNDOT RESIDUAL WASTES .......................................................... 7

6.3.1 WASTE OIL ................................................................................................................... 7

6.3.2 OIL FILTERS ................................................................................................................. 9

6.3.3 GAS FILTERS ............................................................................................................... 9

6.3.4 HEATING OIL SLUDGE ................................................................................................ 9

6.3.5 OIL/WASTE SEPARATOR SLUDGE ........................................................................... 9

6.3.6 USED ASPHALT OR TAR .......................................................................................... 10

6.3.7 USED ABSORBENT ................................................................................................... 10

6.3.8 USED RAGS ............................................................................................................... 10

6.3.9 WASTE TIRES ............................................................................................................ 10

6.3.10 USED ANTIFREEZE .............................................................................................. 10

6.3.11 CONSTRUCTION AND DEMOLITION WASTE ..................................................... 11

6.3.12 ASBESTOS-CONTAINING WASTE ....................................................................... 11

6.3.13 CONTAMINATED SOIL .......................................................................................... 11

7.0 ASBESTOS NESHAP ............................................................................................. 1 7.1 BACKGROUND AND APPLICABILITY ............................................................... 1

7.2 ASBESTOS MANAGEMENT ............................................................................... 4 7.2.1 ASBESTOS INSPECTIONS ........................................................................................ 4

7.2.2 ASBESTOS NOTIFICATIONS ..................................................................................... 5

7.2.3 ASBESTOS PERMITS ................................................................................................. 7

7.2.4 ASBESTOS ABATEMENT & CONTRACTOR LICENSE REQUIREMENTS ............... 8

7.2.5 ASBESTOS WASTE DISPOSAL ................................................................................. 8

7.2.6 RECORDKEEPING ...................................................................................................... 9

8.0 SPILL MANAGEMENT ........................................................................................... 1 8.1 BACKGROUND ................................................................................................... 1

8.1.1 SPILL RESPONSE AND REPORTING REQUIREMENTS (GENERAL) .................... 2

8.2 SPILLS AT PENNDOT MAINTENANCE FACILITIES .......................................... 3

8.3 HIGHWAY SPILLS RESULTING FROM NON-PENNDOT WASTE IN TRANSIT 4 8.3.1 HAZARDOUS WASTE .................................................................................................. 5

8.3.2 INFECTIOUS OR CHEMOTHERAPEUTIC WASTE (ICW) .......................................... 6

8.3.3 MUNICIPAL OR RESIDUAL WASTE ........................................................................... 7

9.0 BENEFICIAL USE OF RECLAIMED ASPHALT PAVEMENT (RAP) .................... 1 9.1 BACKGROUND ................................................................................................... 1

9.2 RAP INDUSTRY-WIDE CO-PRODUCT DETERMINATION ................................ 1 9.2.1 DEFINITION OF RAP ................................................................................................... 1

9.2.2 RAP REGULATORY REQUIREMENTS ....................................................................... 2

9.2.3 RAP CONDITIONS OF USE ......................................................................................... 2

APPENDIX A WASTE STREAM FACT SHEETS

#1 Absorbent (Used) #2 Antifreeze (Used) #3 Asbestos-Containing Waste #4 Asphalt Cleaning Waste #5 Batteries (Used) #6 Empty Paint Drums #7 Excess or Outdated Chemicals #8 Lamps (used) #9 Mercury-Containing Equipment #10 Oil Filters (Used) #11 Oil Water Separators/ Sediment Traps #12 Paint Chips #13 Paint Residuals and Paint Solvents #14 Parts Cleaners and Degreasers #15 Pesticide/Herbicide Discarded Products #16 Shop Rags #17 Tires (Used) #18 Used Oil (Waste Oil)

Section 1.0 INTRODUCTION

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1.0 INTRODUCTION

The Pennsylvania Department of Transportation is committed to managing our waste streams in a safe and effective manner, and in accordance with all applicable environmental regulations. This Guidance Manual was developed as a resource document to provide an overview of the regulatory framework and basic procedures for management of hazardous and non-hazardous waste streams typically generated by PennDOT. Section 3.0 guides the user in making a correct determination for waste characterization. Sections 4.0 through 9.0 provide more detailed guidance on a specific waste regulatory area. In Appendix A we have provided waste-specific fact sheets on common wastes generated by the Department to be used as quick reference tools on recommended waste management and waste minimization practices. Where applicable, other PennDOT publications are referenced throughout this publication for more detailed protocols and guidelines. This Publication is not intended to be a substitute to training programs provided by the Department.

Section 2.0 CONTACTS This Section provides PADEP and US EPA program contacts.

Section 3.0 MAKING A WASTE DETERMINATION This Section provides a roadmap and step guide in making a regulatory determination on what regulations govern the management of different waste categories. It also provides a general overview of the US EPA and PADEP regulatory framework, considered useful, if the user is not familiar with waste management regulations.

Section 4.0 HAZARDOUS WASTE This Section provides guidelines for managing hazardous wastes.

Section 5.0 UNIVERSAL WASTE This Section provides guidelines for a subset of hazardous waste, classified as universal waste.

Section 6.0 RESIDUAL WASTE This Section provides guidelines for managing nonhazardous waste streams.

Section 7.0 ASBESTOS NESHAP This Section provides guidelines for managing asbestos-containing wastes (includes bridge blasting operations).

Section 1.0 INTRODUCTION

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Section 8.0 SPILL MANAGEMENT This Section provides guidelines for managing spill waste from PennDOT and roadside accidents.

Section 9.0 BENEFICIAL USE OF RECLAIMED ASPHALT PAVEMENT This Section provides guidelines for managing RAP under PADEP Industry-wide Co-product Determination.

Section 2.0 CONTACTS

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2.0 PADEP CONTACTS

Region I - Southeast Regional Office (Bucks, Chester, Delaware, Montgomery, and Philadelphia Counties) 2 East Main Street, Norristown, PA 19401 Main Telephone Number: 484-250-5900 Main Fax Number: 484-250-5914

Emergency Response Coordinator (484) 250-5100 Water Management Program (484) 250-5192 Air Quality Program (484) 250-5074 Waste Management Program (484) 250-5768 Environmental Cleanup (484) 250-5716

Region II - Northeast Regional Office

(Carbon, Lackawanna, Lehigh, Luzerne, Monroe, Northampton, Pike, Schuylkill, Susquehanna, Wayne, and Wyoming Counties) 2 Public Square, Wilkes-Barre, PA 18771-0790 Main Telephone Number: 570-826-2511 Main Fax Number: 570-830-3054


Region III - Southcentral Regional Office

(Adams, Bedford, Berks, Blair, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lancaster, Lebanon, Mifflin, Perry, and York Counties) 909 Elmerton Avenue, Harrisburg, PA 17110-8200 Main Telephone Number: 717-705-4706 Main Fax Number: 717-705-4710


Section 2.0 CONTACTS

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Region IV - Northcentral Regional Office (Bradford, Cameron, Centre, Clearfield, Clinton, Columbia, Lycoming, Montour, Northumberland, Potter, Snyder, Sullivan, Tioga, and Union Counties) 208 West 3rd Street, Suite 101, Williamsport, PA 17701 Main Telephone Number: 570-327-3636 Main Fax Number: 570-327-3420


Region V - Southwest Regional Office

(Allegheny, Armstrong, Beaver, Cambria, Fayette, Greene, Indiana, Somerset, Washington, and Westmoreland Counties) 400 Waterfront Drive, Pittsburgh, PA 15222-4745 Main Telephone Number: (412) 442-4000 Main Fax Number: (412)-442-4194


Region VI - Northwest Regional Office

(Butler, Clarion, Crawford, Elk, Erie, Forest, Jefferson, Lawrence, McKean, Mercer, Venango, and Warren Counties) 230 Chestnut Street. Meadville, PA 16335-3481 Main Telephone Number: (814) 332-6945 Main Fax Number: 814-332-6125


PA DEP Central Office – Bureau of Waste Management

400 Market Street, Harrisburg, PA 17105-8471 Main Telephone Number: (800) 438-2474 Air Protection Division (215) 814-2100 Waste and Chemical Management Division (215) 814-3110 Water Protection Division (215) 814-2300 Hazardous Site Cleanup Division (215) 814-3200

Section 3.0 MAKING A WASTE DETERMINATION

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3.0 MAKING A WASTE DETERMINATION

3.1 REGULATORY ACT AND FRAMEWORK In 1965, Congress enacted the Solid Waste Disposal Act (SWDA), the first statute that specifically focused on improving solid waste disposal methods. The SWDA was amended in 1976 by the Resource Conservation and Recovery Act (RCRA) that remodeled the nation’s solid waste management systems and laid out the basic framework of the United State’s current waste management programs. RCRA has been amended several times since its inception, with an expanded scope and requirements stemming from the promulgation of the Hazardous and Solid Waste Amendments (HSWA). In 1992, RCRA was revised by passing the Facility Compliance Act, which strengthened the authority to enforce RCRA at federal facilities, and the Land Disposal Program Flexibility Act of 1996, that amended RCRA to provide regulatory flexibility for the land disposal of certain types of waste.

RCRA established three distinct programs:

Subtitle D – The solid waste program. This program encourages states to develop comprehensive plans to manage nonhazardous industrial solid waste and municipal solid wastes, sets criteria for municipal solid waste landfills and other solid waste disposal facilities and prohibits the open dumping of solid waste. Subtitle C – The hazardous waste program. This program establishes a system for controlling hazardous waste from the time it is generated until its ultimate disposal – in effect, from cradle to grave. Subtitle I – The Underground Storage Tank (UST) program. Under Subtitle I, RCRA regulates underground storage tanks storing hazardous substances and petroleum products.

Evolution of Significant RCRA Legislation:

SOLID WASTE DISPOSAL ACT of 1965 RESOURCE CONSERVATION AND RECOVERY ACT of 1976

HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 FEDERAL FACILITIES COMPLIANCE ACT OF 1992

LAND DISPOSAL PROGRAM FLEXIBILITY ACT OF 1996


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Although RCRA creates the framework for the proper management of hazardous and nonhazardous solid waste, it does not address the problems of hazardous wastes found at inactive or abandoned sites or those resulting from spills that require emergency response. These problems are addressed by a different act; the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), commonly call Superfund, which was enacted in 1980. PENNSYLVANIA DEPARTMENT OF ENVIRONMENTAL PROTECTION The basic requirements of the federal hazardous waste program administered by the US Environmental Protection Agency (EPA) are established under RCRA and federal regulations in 40 CFR parts 260-279. Under RCRA, EPA may delegate authority to the states to administer and enforce the RCRA program in lieu of EPA. A state’s program must be at least as stringent as the federal program. The Pennsylvania Department of Environmental Protection (PADEP) received initial authorization from EPA in 1986 and updated authorization in 2000 to administer most of the RCRA program within the Commonwealth. PADEP Regulatory Title and Codes In the 1990s, the Commonwealth revised its hazardous waste regulations to align them with RCRA and the applicable parts of 40 CFR. The new regulations are found in Title 25 of the Pennsylvania Code and incorporate most of the federal regulations by reference. “Incorporation by reference” means that the federal regulations are reinforced as the Commonwealth’s regulations, except where specific modifications are identified. Because the Commonwealth has incorporated by reference most of the federal regulations that apply to the identification of hazardous waste, this guidance document describes many requirements by referring to the appropriate federal regulations (e.g., 40 CFR Part 261). However, PADEP made additions or modifications to some of the federal regulations, and this added or modified regulatory language appears in the Pennsylvania Code. These modified requirements are referenced in this document by the Pennsylvania Code citations and, where appropriate, by their corresponding 40 CFR citations. The new PA specific citations are noted with the letter “a” or “b” after the chapter number, for example Chapter 262a. Federal requirements incorporated by reference without modification are referenced using a 40 CFR citation.


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3.2 WASTE DETERMINATION PROCESS Making a waste determination can be a complex task. This section provides a road map to determining whether the waste material is subject to hazardous and/or nonhazardous waste regulations. There is a relationship between secondary materials, solid waste and hazardous wastes, as shown in Figure 3.1. Secondary materials make up the largest category of materials that are generated by industry, and are neither products nor intermediate products. Solid wastes are a subset all secondary materials. Certain secondary materials are not regulated as solid waste because they are required to be recycled, while others may be specifically excluded when they meet the definition of coproduct or byproduct. Likewise, hazardous waste form a subset of all solid waste.

Figure 3.1 – Relationship of

Secondary Materials, Solid Waste, and Hazardous Waste

3.2.1 HAZARDOUS WASTE DETERMINATION For a material to be classified as a hazardous waste, it must meet the criteria specified in the regulatory definition of solid waste. However, some solid waste are specifically excluded from RCRA regulations. Additionally, some solid wastes are excluded from the definition of hazardous wastes. Lastly, some materials are not classified as solid waste, if they are recycled. By answering the following sets of questions, the hazardous waste identification process can be used to classify solid waste. For clarity, references to PADEP applicable regulations are provided with the federal codes and regulations.

TABLE 3-1 HAZARDOUS WASTE DETERMINATION

Step 1

# 1 - Is Your Material a Solid Waste?

The first step is to determine if the material in question is classified as a solid waste. If the material is NOT a solid waste, it cannot be a hazardous waste.

• The statutory definition of a solid waste is completely irrespective of the physical form of the waste. A "solid" waste can be just as easily liquid or gas. A material is considered a solid waste if it:

Secondary Materials

Solid Waste

HazardousWaste


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o Is a solid, semi-solid, liquid, or contained gaseous material which is discarded or has served its intended purpose?

o Is abandoned? o Is being recycled by being placed on the ground (and that is not the normal

use), burned for energy recovery, reclaimed, or accumulated more than one year.

o Is inherently waste-like (e.g., dioxin wastes)? • If the material in question meets any of the provisions above, you may have a solid

waste. If you answered NO to all of the above provisions, you do not have a solid waste.

Do you have a solid waste? If YES, go to Step 2 below.

If NO, the material does not qualify as a solid waste, and therefore cannot be regulated under RCRA Subtitle C (and cannot be a hazardous waste). PADEP requires materials excluded from the definition of “solid waste” in 40 CFR 261.2(c)-(e) (related to recycled materials, inherently waste-like materials and materials that are not solid waste when recycled) to be managed in accordance with 25 PA Code 287-299 (residual waste regulations).

Step 2

# 2 - Is Your Solid Waste Excluded from Hazardous Waste Regulations?

After you have determined that you have a solid waste, the next step is to determine if that solid waste is excluded from RCRA regulation.

• EPA grants specific exclusions from some hazardous waste regulations if certain conditions are met. Some materials are excluded from the definition of solid waste, while some solid wastes are excluded from the definition of hazardous waste. Knowing these exclusions can be helpful in waste management programs.

• Some materials that are excluded from the definition of solid waste (and therefore are NOT hazardous) include:

o Domestic sewage o Industrial wastewater discharges o Radioactive waste o Spent wood preserving solutions that are reclaimed and reused in the wood

preserving process o Processed scrap metal o Irrigation return flow o In situ mining waste o Secondary materials that are reclaimed and returned to the original process,

if the reclamation and return process is totally enclosed.

These wastes are not hazardous because they are not considered solid waste.

• Some solid wastes are excluded from the definition of hazardous wastes: o Household waste (pesticides, cleaners) o Some agricultural wastes that are returned to the soils as fertilizers o Fossil fuel combustion wastes o Cement kiln dust (unless the facility burns hazardous waste as fuel) o Arsenic treated wood wastes generated from a person using wood for its


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intended purpose o Petroleum-contaminated media that is subject to the UST corrective action

program o Used oil filters that have been hot drained o Used chlorofluorocarbon refrigerants that are being reclaimed for further use.

These solid wastes are excluded from the definition of hazardous waste by EPA.

• In addition, some recycled materials are not classified as solid waste. Materials are not solid wastes IF:

o They are being used as substitutes for commercial products o Returned back to the original process without first being reclaimed or land

disposed.

This exemption is not valid if the materials are burned for energy recovery or used to make a product that will be applied to the land.

• Samples collected for lab analysis are exempt from RCRA regulation until it is determined that they are to be disposed of.

• Used oil that exhibits hazardous characteristics can be excluded if recycled. It is regulated under federal Standards for the Management of Used Oil (40 CFR Part 279). In the Commonwealth, the term “used oil” is substituted with the term “waste oil,” and 25 PA Code 298 is the equivalent standards relating to the management of waste oil.

• Universal wastes (including batteries, pesticides, mercury-containing thermostats, switches, and thermometers, and electric lamps) may also qualify for reduced regulation. 25 Pa Code 266b is the equivalent standard to management of universal waste in Pennsylvania.

• The list above is NOT comprehensive. If your waste is not on the list above, it may still be excluded from RCRA regulation. See 40 CFR 261.4 for a complete list of those wastes exempt from hazardous waste regulation. Furthermore, if your waste IS listed above, that does not mean you are automatically exempt. Each exemption above is conditional and facility managers should review applicable sections of 40 CFR 261 and contact their State's hazardous waste program for clarification on exemptions.

Is the solid waste excluded from hazardous waste regulation? YES – the waste is exempt (not regulated) under RCRA Subtitle C. NO – Go to Step 3 below.

Step 3

#3 - Is Your Solid Waste a Listed Waste?

Once you have determined that your solid waste is not excluded from RCRA requirements, the next step is to determine if the material is a "listed waste".

• EPA "lists" hazardous wastes that fall into four categories: o F-listed wastes: The F list includes wastes from common industrial

processes. Because they are not specific to one type of industry, they are called wastes from non-specific sources. This list includes for example many types of spent (or used) solvents. See 40 CFT 261.31 to see if your waste is


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F-listed. o K-listed wastes: The K list includes wastes from specific industrial

processes, such as wood preservation, organic chemical production, and pesticide manufacturing. See 40 CFR 261.32 for the complete list of manufacturing process wastes to see if your facility might have a K-listed waste.

o P- and U-listed wastes: These two lists designate certain commercial chemical products as hazardous when disposed of unused. These unused chemicals may become wastes in a number of ways. Some can be spilled while in use while others can be intentionally discarded if out of specification. For a waste to qualify as a P- or U-listed waste, it must meet all three of the following criteria:

The formulation must contain at least one chemical on the P or U list The chemical in the waste must be unused The chemical in the waste must be in the form of a CCP.

*A CCP is a chemical that is of technical (commercial) grade, 100% pure, and the only active ingredient in the formulation.

There are hundreds of P- and U-listed wastes. Facility managers should look in 40 CFR 261.33 to see if chemicals present on-site are hazardous if disposed of unused. Please note that the chemicals with the "P" code are acutely hazardous. Generators with acutely hazardous waste are subject to different accumulation limits for those wastes.

Is the solid waste a listed waste (F, K, P, U)? YES – the waste is a listed waste and is therefore regulated under RCRA Subtitle C. NO – go to Step 4 below.

Step 4

#4 - Is Your Solid Waste a Characteristic Waste?

If your waste is not listed in 40 CFR Part 261, it may still be a hazardous waste. The next step is to see if your waste is a characteristic hazardous waste.

• Solid wastes that are not directly listed in 40 CFR Part 261 may still be hazardous. EPA uses a classification system based on the four properties of solid wastes. If a material exhibits at least one of these characteristics, it is classified as a hazardous waste. The four properties are:

o IGNITABILITY A substance is ignitable if it displays any of the following properties.

A liquid with a flashpoint of less than 60° C (140° F); A non-liquid that is capable, under standard temperature and

pressure, of causing fire through friction, absorption of moisture, or spontaneous chemical changes, and when ignited, burns so vigorously and persistently that it creates a hazard;

An ignitable compressed gas; An oxidizer (such as a chlorate or peroxide).

Details on the ignitability characteristic are included in 40 CFR 261.21 and Section 3.2.1.1.

o CORROSIVITY A substance is corrosive if it displays any of the following properties:


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An aqueous material with a pH less than or equal to 2 or greater than or equal to 12.5;

A liquid that corrodes steel at a rate of at least 0.25 inches per year at 55° C (130° F); NOTE: A waste that is not aqueous and contains no liquid falls outside the definition of EPA corrosivity.

Details on the corrosivity characteristic are included in 40 CFR 261.22 and Section 3.2.1.1.

o REACTIVITY A substance is reactive if it displays any of the following properties.

Normally unstable and readily undergoes violent change without detonating;

Reacts violently with water; Forms potentially explosive mixtures with water; A cyanide or sulfide bearing waste which can generate fumes in a

quantity sufficient to present a danger to human health. Capable of detonation A forbidden explosive, or a Class A or Class B explosive, as defined in

Department of Transportation regulations in 49 CFR Part 173.

Details on the reactivity characteristic are included in 40 CFR 261.23 and Section 3.2.1.1.

o TOXICITY A substance is toxic if it exceeds the concentrations for contaminants listed in the "Maximum Concentration of Contaminants for the Toxicity Characteristic" table, presented in 40 CFR 261.24. A specific test, the Toxicity Characteristic Leaching Procedure (TCLP) must be conducted to determine if the waste is classified as toxic. Details on the toxicity characteristic are included in 40 CFR 261.24 and Section 3.2.1.1.

• EPA designates specific, standardized test methods that are to be used when determining the characteristics of a waste. These techniques are listed in the above mentioned sections.

Is the solid waste a characteristic hazardous waste?

YES – the waste is a characteristic waste and is therefore regulated under RCRA Subtitle C. NO – Go to Step 5 below.

Step 5

#5 - Is Your Solid Waste Subject to the Mixture Rule?

Even though your solid waste is not a listed or characteristic waste, it could become a hazardous waste if mixed with materials classified as hazardous. The next step is to determine if your waste is a mixture of a solid waste and a hazardous waste.

• The "Mixture Rule" states that mixtures of solid waste and listed hazardous waste must be regulated as hazardous waste. There are two ways to determine if a material is regulated under the mixture rule:

o If the material is a mixture of a solid waste and a hazardous waste, and the mixture exhibits one or more of the characteristics of hazardous waste;

o If the material is a mixture of a solid waste and a listed waste. The mixture


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o rule is intended to discourage generators from mixing waste streams. More information can be reviewed at 40 CFR 261.3(a)(iii) and (iv).

Is the solid waste subject to the mixture rule?

YES - the waste is subject to the mixture rule and is therefore regulated under RCRA Subtitle C. NO – Go to Step 6.

Step 6

#6 - Is Your Solid Waste Subject to the Derived-From Rule?

Your material is not a listed or characteristic waste, nor is it classified as hazardous due to the mixture rule. Yet the material might still be a hazardous waste. Hazardous waste treatment, storage, and disposal processes often generate residues that may contain high concentrations of hazardous constituents. The derived-from rule governs the regulatory status of such waste residues.

• According to the Rule, any solid waste derived from the treatment, storage, or disposal of a hazardous waste is considered hazardous. "Derived from" wastes include sludge, spill residue, ash, emission control dust, and leachate. Some examples are drums that have been used for storage of a hazardous waste, or ash from the incineration of hazardous waste. This principle applies regardless of the actual risk to human or environmental health. More details about the "derived-from" rule and exemptions to the rule are included in 40 CFR 261.3 (c) and (d).

Is the solid waste subject to the derived-from rule?

YES - the waste is subject to the derived-from rule and is therefore regulated under RCRA Subtitle C. NO - the waste is not classified as hazardous under RCRA Subtitle C.

3.2.1.1 CHARACTERISTIC HAZARDOUS WASTE Characteristic hazardous wastes are the most frequent category of hazardous waste typically generated through PennDOT operations, and as such warrants further discussion. A waste that exhibits one or more characteristic is called a characteristic hazardous waste. Waste that exhibits multiple characteristics are assigned multiple hazardous waste codes. A laboratory can conduct the characteristic tests and assist in determining if the waste exhibits one or more characteristics, however, testing is not required. A generator may use specific knowledge of the waste to make a determination. Material Safety Data Sheets, manufacturer documentation, and contractor certifications are examples of available information that may assist the generator in making the waste determination.


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Ignitability (D001)

Ignitable wastes can create fires under certain conditions, are spontaneously combustible, or have a flash point less than 60 °C (140 °F). Ignitable wastes are assigned EPA Hazardous Waste Code “DOO1”.

A waste is ignitable if:

• It is a liquid (other than an aqueous solution containing less than 24 percent alcohol by volume) and has a flash point<140°F determined by a Pensky-Martens Closed-Cup Tester or a Seta Flash Closed-Cup Tester,

• It is not a liquid but capable of causing fire through friction, absorption or moisture, or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard,

• It is an ignitable, compressed gas, or • It is an oxidizer.

Potential wastes exhibiting the characteristic of ignitibility include solvents and gasoline.

Corrosivity (D002)

Corrosive wastes are acids or bases (pH less than or equal to 2, or greater than or equal to 12.5) that are capable of corroding metal containers, such as storage tanks, drums, and barrels. Corrosive wastes are assigned EPA Hazardous Waste Code “DOO2”.

Battery acid, sodium hydroxide (lye), sulfuric acid, hydrochloric acid are some examples.

Reactivity (D003)

Reactive wastes are unstable under "normal" conditions. They can cause explosions, toxic fumes, gases, or vapors when heated, compressed, or mixed with water. Reactive wastes are assigned EPA Hazardous Waste Code “DOO3”.

Examples of wastes that potentially exhibit the characteristic of reactivity are sodium phosphide, sodium azide, ferrosilicon, aluminum phosphide, and phosphorus.

The ignitability characteristic identifies wastes that

can readily catch fire and sustain combustion.

The corrosivity characteristic

identifies wastes that are acidic or alkaline

(basic) and can readily corrode or dissolve flesh,

metal, or other materials.

The reactivity characteristic

identifies wastes that readily explode or undergo

violent reactions.


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Toxicity (D004-D043)

Toxic wastes are harmful or fatal when ingested or absorbed (e.g., containing mercury, lead, etc.). These wastes cause local or systemic damages and may result in adverse health effects in an organism – that is, an asphyxiant (such as carbon monoxide), poison (such as oil), mutagen (a chemical that alters DNA), teratogen (one that causes birth defects), or carcinogen (one that causes cancer) is said to be toxic.

When toxic wastes are land disposed, contaminated liquid may leach from the waste and pollute ground water. Toxicity is defined through a laboratory procedure called the Toxicity Characteristic Leaching Procedure (TCLP). The TCLP helps identify wastes likely to leach concentrations of contaminants that may be harmful to human health or the environment [40 CFR 261.24, Table 1, as shown below].

TCLP Regulatory Levels

Waste Code Contaminant Concentration (mg/L)

D004 Arsenic 5.0 D005 Barium 100.0 D018 Benzene 0.5 D006 Cadmium 1.0 D019 Carbon tetrachloride 0.5 D020 Chlordane 0.03 D021 Chlorobenzene 100.0 D022 Chloroform 6.0 D007 Chromium 5.0 D023 o-Cresol 200.0 D024 m-Cresol 200.0 D025 p-Cresol 200.0 D026 Total Cresols 200.0 D016 2,4-D 10.0 D027 1,4-Dichlorobenzene 7.5 D028 1,2-Dichloroethane 0.5 D029 1,1-Dichloroethylene 0.7 D030 2,4-Dinitrotoluene 0.13 D012 Endrin 0.02 D031 Heptachlor (and its epoxide) 0.008 D032 Hexachlorobenzene 0.1 D033 Hexachlorobutadiene 0.5 D034 Hexachloroethane 3.0 D008 Lead 5.0 D013 Lindane 0.4 D009 Mercury 0.2 D014 Methoxychlor 10.0 D035 Methyl ethyl ketone 200.0 D036 Nitrobenzene 2.0 D037 Pentachlorophenol 100.0 D038 Pyridine 5.0 D010 Selenium 1.0 D011 Silver 5.0 D039 Tetrachloroethylene 0.7


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D015 Toxaphene 0.5 D040 Trichloroethylene 0.5 D041 2,4,5-Trichlorophenol 400.0 D042 2,4,6-Trichlorophenol 2.0 D017 2,4,5-TP (Silvex) 1.0 D043 Vinyl chloride 0.2

3.2.1.2 WASTE GENERATED FROM THE TREATMENT, STORAGE, OR DISPOSAL OF HAZARDOUS WASTE Treatment is any process that changes the physical, chemical, or biological character of a waste to make it less of an environmental threat. Treatment can neutralize the waste; recover energy or material resources from a waste; render the waste less hazardous; or make the waste safer to transport, store, or dispose. Hazardous waste generally must be treated before it can be disposed. The treatment standards for each specific hazardous waste (by hazardous waste code) are outlined in 40 CFR §268.40.

Since PennDOT does not treat hazardous wastes, it is unlikely to be a generator of hazardous waste derived from the treatment of hazardous waste.

3.2.1.3 HAZARDOUS WASTE RECYCLING Most recycled hazardous wastes are subject to full hazardous waste regulation. This means that handlers of these recyclable materials are subject to the same regulations as handlers that are managing hazardous waste prior to disposal. Under federal regulations, while management of hazardous wastes prior to recycling is subject to regulation, the recycling process itself is exempt from RCRA (except applicable air emission standards). Pennsylvania regulations explicitly differentiate between treatment that may facilitate recycling (e.g. size reduction, chemical treatment, drying, mixing) and the recycling process itself. In Pennsylvania, permits are required for treatment activities that precede recycling (25 PA Code 261.a6(c)). When a material is recycled, its regulatory classification (i.e., whether or not it is a solid waste, and potentially a regulated hazardous waste) depends on two factors: what type of secondary material is being recycled and what type of recycling is employed. It is the responsibility of the generator of a recyclable solid waste to determine if their material(s) are subject to reduced requirements or full regulation.

PADEP allows some hazardous waste recycling activities to be covered by Permit-by-Rule regulation clauses (see 25 PA Code 270a.60). Permit-by-rule activities for recycling include making the materials suitable for onsite or offsite reclamation. Facilities engaged in such activities must submit notifications to PADEP on recycling activities using PADEP Form 2510-FM-BWM0053. PennDOT does not typically recycle hazardous waste.

Wastes that are exempt from all hazardous waste requirements including notification requirements (40 CFR 261.6(a)(3)) are:


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Industrial ethyl alcohol Scrap metal [See Attachment 4-4: Management Aerosol Cans] Certain waste-derived fuels from refining oil-bearing hazardous waste Certain fuels derived from hazardous waste from oil refining, production, and

transportation of oils from petroleum refineries.

Wastes that are covered by limited hazardous waste requirements when recycled are still subject to applicable requirements of 40 CFR Parts 270 and 124. EPA has created special limited hazardous waste requirements for these categories of wastes:

Materials used in manner constituting disposal are subject to 40 CFR 266 Subpart C (40 CFR 261.6(a)(2)(i))

Hazardous wastes burned for energy recovery are subject to 40 CFR 266 Subpart H (40 CFR 261.6(a)(2)(ii))

Hazardous wastes from which precious metals are reclaimed are subject to 40 CFR 266 Subpart F (40 CFR 261.6(a)(2)(iii))

Spent lead-aid batteries that are being reclaimed are subject to 40 CFR 266 Subpart G (40 CFR 261.6(a)(2)(iv)).

Waste oil that is recycled is subject to 25 PA Code 266 Subchapter E, if it is destined to be burned for energy recovery. If it is recycled or reused in a manner other than burning for energy recover, waste oil is subject to Residual Waste regulations 25 PA Code Article IX.

Hazardous waste materials meeting the Universal Waste determination are subject to requirements specified by 40 CFR 273 and equivalent 25 Pa Code 266b. The following hazardous waste are captured under the universal waste program:

Batteries, as described in 40 CFR 273.2 and 25 Pa Code 266; Pesticides, as described in 40 CFR 273.3; Thermostats, as described in 40 CFR 273.4; Lamps, as described in 40 CFR 273.5; Mercury-containing devices as described in 25 PA Code 266b; and Empty aerosol cans, as described in 40 CFR 261.6(a)(3)(iv)

IN CONCLUSION … NOW THAT YOU HAVE PROPERLY CLASSIFIED YOUR MATERIAL(S) AS:

Hazardous waste, proceed to Section 4.0 for guidelines for proper collection, storage, labeling and disposal requirements. If the material was determined to be a universal waste, proceed to Section 5.0 for guidelines of managing universal waste.

NOT a Hazardous waste, continue to Section 3.2.2 to determine if you have a residual or municipal waste stream.


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3.2.2 NON-HAZARDOUS WASTE DETERMINATIONS Pennsylvania is unique compared to other states in that it has separate management regulations for three different waste categories: municipal waste, residual waste and hazardous waste. The Pennsylvania hazardous waste regulations, as defined under 25 PA Code 261a-270a, generally mirror the federal regulations for hazardous waste, with slight differences.

Waste is defined in Pennsylvania regulations as a material whose original purpose has been completed and which is directed to a disposal, processing or beneficial use facility or is otherwise disposed of, processed or beneficially used. The term does not include source separated recyclable materials; material approved by the Department (PADEP) for beneficial use under 25 PA Code 271.1. Source separated recyclable materials are defined as materials that are separated from municipal waste at the point of origin for the purpose of recycling. The term is limited to clear glass, colored glass, aluminum, steel and bimetallic cans, high-grade office paper, newsprint, corrugated paper, plastics and other marketable grades of paper.

Hazardous waste determinations have been discussed in Section 3.2.1. If the waste is not hazardous, the next step is to determine if the waste is residual or municipal. The definitions of both are provided below: Municipal wastes are regulated under the Municipal Waste Management Regulations adopted in April 1988 (Article VII, with regulations 25 PA Codes Chapters 271, 273, 275, 277, 279, 281, 283, and 285).

Municipal waste is defined as garbage, refuse, industrial lunchroom or office waste and other materials, including solid, liquid, semi-solid, or contained gaseous materials resulting from operation of residential, municipal, commercial, or institutional establishments, and from community activities; and sludge not meeting the definition of residual or hazardous wastes from a municipal, commercial, or institutional water supply treatment plant, wastewater treatment plant, or air pollution facility. (Municipal waste may also be viewed to include “special handling waste” and “construction/demolition waste” generated by non-industrial establishments.)

Residual wastes are regulated under the Residual Waste Management Regulations adopted on 2 July 1992 (Article IX, 25 PA Code 287-299).

Residual waste is defined as garbage, refuse, other discarded materials or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations; and sludge from an industrial mining or agricultural water supply treatment facility, waste water treatment


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facility or air pollution control facility, if it is not hazardous. Waste from coal mining, which are regulated under other legislation, are exempt.

It is important to note that some non-industrial establishments, such as PennDOT, may generate “residual waste-like” materials (e.g., waste paint filters, etc.) and one may be tempted to classify such wastes as “municipal” waste because the source is not an “industrial” establishment. However, PADEP interprets that any municipal, commercial or institutional establishment which generates significant quantities of such residual waste-like materials is viewed as analogous to the operation of an industrial establishment, and the wastes must be managed as a residual waste. More specifically, PADEP classified residual waste into the following nine categories (as provided in PA BULLETIN, Vol. 20, No. 8, February 24, 1990) to aide generators in making waste determinations:

1. Combustion residues including bottom ash, fly ash and flue gas desulfurization residue from coal burning plants as well as various ashes from the incineration of residual waste.

2. Metallurgical process waste including foundry sands, slag, refractory materials, grindings and shavings, baghouse dust and scraps.

3. Sludges and scales including sludge from the treatment of public water supplies, and industrial wastewater; metallurgical sludge from pickle liquor, electroplating and other sources; food processing sludge, petroleum-based oily sludge; emission control sludge; paints and coating sludge and scales (e.g. from sandblasting); bottoms from tanks and stills; and kiln scale and residue (such as those from lime and cement manufacture).

4. Chemical wastes including those which can be classified as acid, base or neutral. Other chemical waste classifications include combustibles; carbon residues; surface coatings, other than paints; filter-related materials, such as diatomaceous filtering aid or filter media; spent dyes, detergents and cleaners; and off-specification products and intermediates.

5. Generic waste including leather; rubber; elastomers; wood; paper; textiles; glass; various plastics (such as halogenated, nonhalogenated and glass reinforced) electronic component wastes; agricultural waste, including seeds, fertilizers and pesticides; photographic waste, including film and paper; and pharmaceutical waste.

6. Special wastes including asbestos-containing wastes, oil contaminated waste, liquid paints, PCB containing wastes, spent catalysts and spill residues.

a. Special Handling Wastes is further specifically defined in the regulations as solid waste that requires the application of special storage, collection, transportation, processing or disposal techniques due to the quantity of material generated or its unique physical, chemical or biological characteristics. The term includes sewage sludge, infectious waste,


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chemotherapeutic waste, ash residue from a solid waste incineration facility, asbestos containing waste and PCB containing waste.

7. Construction/demolition wastes including bricks, stone, clean soil, ceramics, concrete and clay, brush and wood, asphalt shingles, gypsum board, linoleum and fiberglass insulation, wiring conduit and electrical insulation.

a. Construction/Demolition Waste is further specifically defined in the regulations as solid waste resulting from the construction or demolition of buildings and other structures, including, but not limited to, wood, plaster, metals, asphaltic substances, bricks, block and unsegregated concrete. The term also includes dredging waste. The term does not include the following if they are separate from other waste and are used as clean fill:

i. Uncontaminated soil, rock, stone, gravel, unused brick and block and concrete.

ii. Waste from land clearing, grubbing and excavation, including trees, brush, stumps and vegetative material.

8. Industrial equipment and scraps including pumps, piping, vessels, instruments, storage tanks and scrap metals generated during production turn-around.

9. Noncoal mine wastes including drilling fluids, and related wastes, and in some cases mining refuse and spoil material.

Residual and municipal waste programs have many similarities. Some of the most significant differences between the two waste programs include: municipal landfills may not accept liquid wastes; there are differences in landfill design parameters; and certain waste streams are assigned to certain type of disposal facilities to prevent facilities from being overwhelmed by waste they are not meant to manage. For a material to be classified as a residual or municipal the waste definition must be first satisfied. For some specific waste streams, whether by definition of residual or municipal, the PADEP stipulates which residual or municipal regulations are required to be followed. The following sets of questions assist in determining the nonhazardous waste identification process.

TABLE 3-2 NONHAZARDOUS WASTE DETERMINATION

Step 1

# 1 - Is Your Material a Hazardous Waste?

Does your material meet the federal definition of Hazardous Wastes, 40 CFR 261.3? YES – Manage your waste according to full hazardous waste regulations. (see Sec. 3.0) NO – Continue to Step 2.


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Step 2

# 2 - Is Your Material a Municipal Waste?

Is your material – Garbage, refuse, industrial lunchroom or office waste and other material, including solid, liquid, semisolid or contained gaseous material resulting from operation of residential, municipal, commercial or institutional establishments and from community activities, and sludge not meeting the definition of “residual” or “hazardous waste” from a municipal, commercial or institutional water supply treatment plants, wastewater treatment plant or air pollution control facility?

• The term does not include coal refuse; treatment sludge from coal mine drainage treatment plants.

YES – Your material may be required to be managed as a Municipal waste. Continue… Is the material recycled on-site in an ongoing manufacturing or industrial process by the generator without treatment, processing or release into the environment?

o If YES – The material is not a waste. o If NO – Go to Step 3, unless: o Material is a hazardous waste, go to Hazardous Waste Determination

Section, otherwise the does not meet the municipal waste definition, continue to Step 3.

Step 3

# 3 - Is Your Waste a Residual Waste?

Is your material – garbage, refuse, other discarded material or other waste, including solid, liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and sludge from an industrial, mining or agricultural water supply treatment facility, wastewater treatment facility or air pollution control facility, if it is not hazardous)?

• The term does not include coal refuse; treatment sludge from coal mine drainage treatment plants.

YES –Your waste may be required to be managed as a Residual Waste. However, continue to Step 4 to define the correct category. NO – Continue to Step 4.

Step 4

# 4 – Final Determination if Residual or Municipal Regulations Apply

PADEP has listed specific waste streams that are specifically required to be managed as Residual or Municipal, regardless which definition they meet. Review the specific lists of waste streams to identify if your waste is specifically identified: Is your residual or municipal waste one of the following types?

• Construction/demolition waste (except construction/demolition waste with greater than 4 ppm PCBs);

• Infectious and chemotherapeutic waste; • Leaf waste and grass clippings; • Waste from land clearing, grubbing and excavation, including trees, brush,

stumps and vegetative material;


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YES –These wastes must be managed as Municipal Waste. NO – Continue.

Is your residual or municipal waste one of the following types?

• Water supply treatment plant sludge. • Waste oil that is not hazardous waste. • Waste tires and auto fluff. • Contaminated soil. • Used asphalt. • Dredged material.

YES – These waste must be managed as Residual Wastes. NO – Continue to Step 5.

Step 5

# 5 - Is Your Waste a “Special Handling Waste”? Applicable to both Residual and Municipal Waste Categories.

Is your material: • Friable asbestos containing waste. • PCB containing waste.

If YES – these waste are called “special handling waste”, and are residual wastes subject

to applicable additional requirements for the disposal, processing, storage and transportation of these waste.

If NO, continue to Step 6

Step 6

# 6 – Does Your Material Meet the criteria as a product, coproduct, or byproduct?

PADEP allows for waste/materials that meet certain criteria to be excluded as wastes. Industrial facilities are typical generators that must carefully review their waste streams to make the determination if exclusions apply, such as products, coproduct, byproducts determinations. If so, the generator needs to carefully document the waste determination process. Is your material/waste:

• Waste/Materials Directly Used or Reused as ingredients in an industrial process. o Examples include steel slag used onsite as a liming agent or substitute as

aggregate; or materials from animal processing facilities. • Co-products that meet the 25 PA Code 287.1 definition.

o Individual Co-product determinations can be made by the facility, or o PADEP has issued Industry-wide coproduct determinations. Examples:

Reclaimed Asphalt Pavement. • Materials directly returned to the original process from which they were

generated, without first being reclaimed or land disposed.


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o If your material is reclaimed prior to being recycled, it is still considered as waste until the reclamation occurs.

• By-products defined in 25 PA Code 287.1.

YES – if so, the material is no longer considered a waste. NO – The material is required to be managed in full compliance with Residual or Municipal regulations, as last defined by Step 5.

IN CONCLUSION … NOW THAT YOU HAVE PROPERLY CLASSIFIED YOUR MATERIAL(S) AS:

Residual waste, proceed to Section 6.0 for guidelines on proper residual waste storage, labeling and disposal requirements.

Municipal waste streams are allowed to be disposed in your solid waste (trash) disposal container.

USEFUL LINKS: EPA HAZARDOUS WASTE PROGRAM: EPA Hazardous Waste Link PADEP DIVISIONS/PROGRAMS: PADEP Hazardous Waste Link

Section 4.0 HAZARDOUS WASTE MANAGEMENT

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4.0 HAZARDOUS WASTE MANAGEMENT

4.1 BACKGROUND AND APPLICABILITY Hazardous wastes are substances that, in sufficient quantities and concentrations, pose a threat to human life, human health or the environment when improperly stored, transported, treated or disposed. EPA promulgated hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA), integrated under Subtitle C regulations [40 CFR 260-270], to manage hazardous waste from cradle to grave. The PADEP has the authority to implement its own hazardous waste regulation, primarily adopted by reference of federal regulations, with some small differences [25 PA Code 261a.1-270a]. This guidance is applicable to all PennDOT facilities or operations that generate hazardous waste. Hazardous waste identification is the first step towards meeting the regulatory requirements. EPA has developed a rather complex system to identify specific substances known to be hazardous and provide objective criteria for including other materials in this universe. The regulations first identify the criteria to determine which solid wastes are hazardous, and then establish various requirements for the three categories of hazardous waste handlers: generators, transporters, and TSDFs.

This guidance is not intended to provide information on all applicable regulatory requirements, but is intended to be a quick reference tool for PennDOT personnel to assist them to appropriately manage and dispose of Hazardous Wastes generated from PennDOT facilities throughout the state. If more specific information is needed, District personnel may contact the Strategic Environmental Management Program (SEMP), or the appropriate regulatory agency. Hazardous waste regulations make the distinction between three levels of hazardous waste generators. The three hazardous waste generator categories are: Conditionally

Exempt Small Quantity Generator (CESQG), Small Quantity Generator (SQG) and Large Quantity Generator (LQG). Every facility (or generator) is required to make the hazardous waste generator category classification to determine category specific management and reporting requirements. All PennDOT facilities that generate any hazardous waste in a calendar year are considered Hazardous Waste Generators and must follow the appropriate regulations per category [40 CFR 262 and 25 Pa Codes 260-270a]. All large and small quantity generators are required to:

What Types of Hazardous Wastes are Typically Generated at PennDOT?

Spent Solvents Paint Filters Degreasers Gas Filters Paint Chips Air Filters Aerosol Cans


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• Obtain an EPA Identification number (available from your state environmental office).

• Comply with the manifest system. • Handle wastes properly before shipment (packaging, labeling, marking, placarding,

accumulation time, etc.). • Comply with record keeping and reporting requirements.

DEFINITIONS

1. Acute Hazardous Waste. A waste which contains dangerous chemicals that could pose a threat to human health and the environment even when properly managed. A chemical is acutely toxic if it is fatal to humans in low doses, if scientific studies have shown that is has lethal effects on experimental organisms or if it has lethal effects on experimental organisms, or if it causes serious irreversible in incapacitating illness.

2. Conditionally Exempt Small Quantity Generators (CESQG’s). A facility that

generates no more than 100 kg (220 lbs) of hazardous waste or generates no more than 1 kg (2.2 lbs) of acute hazardous waste in a calendar month.

3. Hazardous Waste. A waste with properties that may cause or significantly

contribute to an increase in serious illness or may pose a substantial hazard to human health, safety, or welfare or to the environment when improperly treated, stored, transported, used, disposed of, or otherwise managed.

4. Hazardous Waste Generator. Any person, company or government agency, by

site, whose act or process produces hazardous waste or whose act first causes a hazardous waste to become subject to regulation.

5. Large Quantity Generator (LQG). A facility that generates over 1,000 kg

(2,200 lbs) of hazardous waste or generates more than 1 kg (2.2 lbs) of acute hazardous waste in a calendar month is classified as a Large Quantity Generator (SQG).

6. Small Quantity Generators (SQG). A facility that generates more than 100 kg

(220 lbs) and less than 1000 kg (2,200 lbs) of hazardous waste or generates no more than 1 kg (2.2 lbs) of acute hazardous waste in a calendar month.

7. Treatment, Storage, Disposal Facilities (TSDF). Facilities engaged in the

treatment, storage, or disposal of hazardous waste. These facilities are the last link in the cradle-to-grave hazardous waste management system.


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4.2 HAZARDOUS WASTE GENERATOR CATEGORIES PADEP and EPA classify generators of hazardous wastes into three categories according to the rate at which the facility generates hazardous wastes and how much the generator accumulates onsite, as defined by the hazardous waste rules and regulations [40 CFR 262 and 25 Pa Code 261, 262]. PADEP has in most cases adopted by reference federal hazardous waste regulations defined in [40 CFR 262]. However, PADEP has in some cases promulgated more stringent requirements. In general, this Section references either the federal or more stringent state requirement. If a PennDOT facility generates any hazardous waste in calendar year, it falls into one of the three categories. It is always advantageous for all facilities to determine if improvements to waste generation processes can be made to qualify the facilities to meet small or conditionally exempt generator requirements. However, all hazardous wastes must be properly managed to ensure environmental compliance. Hazardous waste generators may include various types of facilities and businesses ranging from large manufacturing operations, universities, and hospitals to small businesses and laboratories. Because these different types of facilities generate different volumes of wastes resulting in varying degrees of environmental risk, RCRA regulates generators based on the amount of waste that they generate in a calendar month. As a result, there are three categories of hazardous waste generators: 4.2.1 LARGE QUANTITY GENERATOR (LQG)

Large Quantity Generators (LQGs) are defined as those facilities that generate:

• Greater than 1,000 kg of hazardous waste in any given calendar month (approximately 2,200 lbs)

OR • Greater than 1 kg of acutely hazardous waste in any given calendar month

(approximately 2.2 lbs).

A LQG can accumulate hazardous waste on the site for up to 90 days. These facilities are not eligible for exemptions, and managers must abide by all requirements of the law. At the same time, these managers should make efforts to reduce the amount of hazardous waste generated so the facility becomes a small quality generator. 4.2.2 SMALL QUANTITY GENERATOR (SQG) Small Quantity Generators (SQGs) are defined as those facilities that generate:


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• Between 100 kg (approximately 220 lbs) and 1,000 kg of hazardous waste in any given calendar month

AND • Accumulate less than 6,000 kg (approximately 13,200 lbs) of hazardous waste

at any time. In addition, the SQG may only accumulate hazardous waste on site for up to 180 days or for up to 270 days if the hazardous waste is to be transported to a facility over 200 miles away. Facilities that reach the 6,000 kg (13,200 lbs) accumulation limit for total hazardous waste on site at any one time must immediately ship the waste to a TSDF1. Wastes must not be transferred from one container to another to extend the allowable accumulation time. Facilities in this category should undertake efforts to minimize the amount of hazardous waste generated so that they can become conditionally exempt small quantity generators. 4.2.3 CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR (CESQG) Conditionally Exempt Small Quantity Generators (SQGs) are facilities that produce:

• Less than 100 kg (approximately 220 lbs) of hazardous waste in any given calendar month

OR • Less than 1 kg of acutely hazardous waste in any given calendar month

AND • Accumulate less than 1,000 kg (approximately 2,200 lbs) of hazardous waste, 1

kg of acute hazardous waste, or 100 kg of any residue from the cleanup of spill of acute hazardous waste at any time.

CESQG are exempt from most of the reporting requirements of RCRA, but must still be properly disposed of. Although CESQGs are not required by law to comply with the same reporting regulations that govern SQGs and LQGs, it is PennDOT’s policy that all hazardous waste be properly managed to ensure a safe workplace. 4.2.4 HAZARDOUS WASTE GENERATOR CATEGORY DETERMINATION All facilities must determine what generator category they qualify for. The three steps to make this determination are: 1) Determine which wastes you generate are hazardous, and which are non-hazardous;

1 Contact District Waste Coordinator for list of approved TSDFs and permitted transporters


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2) Calculate the maximum quantity of hazardous waste generated per calendar month; and;

3) Determine the maximum quantity of all hazardous waste you plan (or expect) to have

on site at any one time. Compare your quantities and expected storage times with the below table to determine if your facility meets the CESQG, SQG or LQG status, in Table 1. COUNTING WASTE Generators must count the quantity of hazardous waste generated each month in order to determine their generator classification. The generator must include all hazardous waste that it generates, except hazardous wastes that:

• Exempt from regulations under [40 CFR 261(c) through (f),] (relating to samples and in-process hazardous wastes); and [40 CFR 261.6(a)(3), 261.7(a)(1), or 261.8] (relates to empty containers, etc.)

• Managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities [40 CFR 260.10]

• Is recycled, without prior storage or accumulation, only in an on-site process (closed loop system)

• Is waste oil managed under [25 PA Code 298] • Is spent lead-acid batteries managed under [25 Pa Code 266a, Subpart G] • Is universal waste managed under [25 PA Code 266b]

This guidance provides three tables for quick reference in determining which generator category and regulatory requirements apply. Table 1 is a guide to determining the applicable hazardous waste generator categories. Table 2 references regulatory requirements for each generator category. Table 3 provides a more detailed description of each key generator requirement and provides direct reference to regulation citations form which more detailed information can be obtained. EPISODIC GENERATION Because generator status is determined on a monthly basis, it is possible that a generator’s status can change from one month to the next, depending on the amount of waste generated in a particular month. This is referred to as episodic generation. If a generator’s status does in fact change, the generator is required to comply with the respective regulatory requirements for that class of generators for the waste generated in that particular month and/or until the waste is removed from the generator’s site. If a CESQG or SQG fall into the LQG category per any given month, they are not required to immediately notify PADEP of their change in generator status, but must submit a Biennial Report to PADEP as part of the LQG Biennial Reporting requirements, even if they were a LQG for only a single month for that reporting year. Upon return to the SQG category, it is recommended to submit a Subsequent Notification of Regulatory Waste Activity Form (EPA Form 8700-


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12) as provided in Attachment 4-1, within 60 days to PADEP to inform PADEP when a facility “returns” to the lesser generator category.

Table 1: Hazardous Waste Generator Category

GUIDE FOR DETERMINING GENERATOR CATEGORIES

Category of Generator Monthly Limit

Total of all Hazardous Waste Generated Per Month

Accumulation Limit Total of all Hazardous Waste on Site

at Any One Time

CESQG

[25 Pa. Code 261a.5]*

No more than: 100 kg (220 lbs)/month of

HW; 1 kg/month of acutely HW; 100 kg (220 lbs)/month of

residue/debris.

No more than:

1000 kg (2,200 lbs) of HW; 1 kg (2.2 lbs) of acutely

HW.

SQG

[40 CFR 262.34 (e)(f)(g)]*

More than 100 kg (220 lbs) /month but less than 1,000 kg (2,200 lbs)/month of HW, or No more than: 1 kg (2.2 lbs) /month of

acutely HW; 100 kg (220 lbs) /month of

residue/debris.

No more than: 6000 kg (13,200 lbs) of

HW; 1 kg (2.2 lbs) of acutely

HW.

LQG

[25 Pa. Code 262a.]*

More than: 1000 kg (2,200 lbs)/month

of HW; 1 kg (2.2 lbs)/month of

acutely HW.

More than: 6,000 kg (13,200 lbs) of

HW; 1 kg (2.2 lbs) of acutely

HW.

* PADEP has adopted by reference most EPA 40 CFR 262 requirements. When more stringent requirements have been adopted, the PADEP regulatory code is referenced.


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Table 2: Summary of Key Generator Requirements

REQUIREMENT CESQG SQG LQG REGULATION [1]

Classify Wastes X X X 261.5, 262.11 Obtain EPA ID # X X 262.12 Used Licensed Transporter X X 262.12, 263a Ship to Authorized Facility X X X 261.5, 262.12 90/180 Day Time Limits X X 262.34 / 262.34 (d) Tank Requirements X X 265 Subpart J Container Requirements X X 265 Subpart I Secondary Containment X X 265a .175 and 179 Separate Incompatibles X X 265.177 Label Containers and Tanks X X 262.34 Manifest Wastes X X 262 Subpart B Comply with DOT Shipping Regulations X X X 49 CFR Have Emergency Equipment Procedures X X 262.34 (d), 265.32 Maintain Records X X X 261.5, 262.40 Biennial Reporting X 262.41 Exception Reporting X X 262.42 Written Contingency Plan X 265 Subpart D Written Personnel Training Plan X 265.16 Train Personnel X X 265.16, 262.34 (d) Conduct Self-inspections X X 265.174, 265.195

Spill Reporting X [2] X X 262.34 (d), 265 subpart D & others

Air Emission Requirements (Subpart CC Rule) X 265 Subpart CC Land Disposal Restrictions X X 268

[1] References are generally to EPA regulation sections incorporated by reference. Be sure to check

both DEP (i.e. 261.5a) and EPA regulations sections. [2] CESQGs are required to report hazardous waste spills that are above reportable quantities (relating

to hazardous substances as defined in 40 CFR 302.4) or 10 gallons, whichever is more stringent. [25 PA Code 262a.43]. A discharge or spill into the waters of the Commonwealth shall be reported regardless of quantity spilled or discharged.


Pub. 611 4-8 Rev (2) 11/2011

Table 3: Summary of Pennsylvania Generator Requirements

REQUIREMENT DESCRIPTION APPLIES TO

REGULATION REFERENCE

[1]

Classify Wastes Determine if wastes generated are hazardous. CESQG

SQG LQG

261.5, 262.11

Obtain EPA ID# Generators are required to obtain a site-specific number. LQGs and SQGs required to obtain EPA ID#.

SQG LQG

Proper Disposal Hazardous waste (HW) must be shipped to an authorized facility with EPA ID#. CESQG

SQG LQG

261.5, 262.12

Off-site Shipping HW must be shipped using a licensed hazardous waste transporter with an EPA ID # and Hazardous Transporter license.

SQG LQG 262.12, 263a

On-site Accumulation Time Limits

Accumulate HW for no more than 90 days. LQG 262.34 Accumulate HW for no more than 180 days (270 days if shipping over 200 miles) except in satellite areas. SQG 262.34 (d)(e)

Tank Storage Comply with requirements for accumulation in tanks which includes secondary containment general operations management and inspection and design standards for tanks.

SQG LQG

265.01 (SQGs) 265 Subpart J

(LQGs)

Container Storage Comply with requirements for use and management of containers. SQG LQG

265 Subchapter I

Labeling (while on-site)

Label containers with: The words ‘Hazardous Waste’, and Accumulation start date

Label tanks with: The words ‘Hazardous Waste’ and Words to identify contents

SQG LQG

262.34, 265.194a

Secondary Containment Secondary containment required for container and tank storage areas SQG LQG

265a.175 & 179, 265.193

Incompatibles

Comply with the following regarding incompatible waste: • Incompatible wastes must not be placed in the same container • Containers holding HW incompatible with other wastes or materials stored nearby

must be separated or protected from them by means of a dike, berm, wall or other device.

• HW must not be placed in an unwanted container that previously held incompatible waste or material.

SQG LQG 265.177


Pub. 611 4-9 Rev (2) 11/2011

REQUIREMENT DESCRIPTION APPLIES TO

REGULATION REFERENCE

[1]

Permit-By-Rule for Waste Recycling/Treatment

Notification and Permit-by-Rule required for recycling hazardous wastes, for wastewater treatment/elementary neutralization and for treatment in tanks, containers, and containment buildings.

CESQG SQG LQG

261.6, 270a.60 (b)

Manifesting Complete, distribute, and maintain manifest forms SQG LQG 262 Subpart B

DOT Shipping Requirements

Prepare waste for transportation in accordance with DOT regulations and requirements. Comply with the DOT requirements in 40 CFR 172, 173, 178, and 179, which include packaging, labeling, marking, and placarding requirements

CESQG SQG LQG

262 Subpart C, 49 CFR

Emergency Equipment

Comply with preparedness and prevention requirements which include: • Maintain an alarm or communication system • Maintain fire and spill control equipment • Maintain sufficient aisle space • Water at adequate volume and pressure to supply water hose streams, foam

producing equipment, or automatic sprinkler systems. • Test and maintain equipment to assure proper operation in time of emergency • Ensure proper arrangements have been made with local authorities in the event of

an emergency.

SQG LQG 265 Subpart C

Recordkeeping and Reporting

The following records must be maintained for a minimum of 3 years: • Records of test results, waste analysis, etc. • Signed and dated manifest forms • Quarterly and biennial reports (due March 1 of each even numbered year) (LQGs

only)

CESQG SQG LQG

262.40 Subpart D, 268.7

Section 4.0 HAZARDOUS WASTE

Pub 611 4-10 Rev (2) 11/2011

REQUIREMENT DESCRIPTION APPLIES TO REGULATION REFERENCE [1]

Contingency Plan

Prepare a written contingency plan which details precautions and procedures to be used to minimize the hazards and dangers associated with hazardous wastes. The plan should include:

LQG 265 Subpart D Facility and general information Existing emergency response

plans Emergency response procedures Evacuation Plan Characteristics of wastes

Emergency Coord. and responsibilities How plan will be implemented Emergency equipment Required reporting

Training Plan

Prepare a written training plan which details how and when employees will be trained. Plan should include job titles for each position related to HW management, written job descriptions, descriptions of type and amount of introductory and continuing training, etc.

LQG 265.16

Personnel Training Facility personnel must be trained in HW management procedures relevant to their positions, including contingency plan implementation.

SQG LQG 262.34 (d), 265.16

Self Inspection Comply with container and tank self-inspection requirements. Maintain logs of all inspections.

SQG LQG 265.174, 265.195

Hazardous Waste Spill Reporting

In the event of a spill or release which threatens human health or the environment, notify appropriate local authorities and DEP immediately, and if required notify the National Response Center (800-424-8802). Submit a written report within 15 days to DEP. Report tank releases.

CESQG [2] SQG LQG

262.34 (d), 265 Subpart D

Land Disposal Restrictions

Prepare notification/certifications for each shipment of an EPA hazardous waste. The notification form must be attached to each shipment of hazardous waste. The land disposal restriction do not apply to state regulated wastes.

SQG LQG 268

Air Emission Standards

Applies to certain volatile organic containing hazardous wastes. Comply with closed vent emission control system requirements for tanks unless exempt. Use close DOT containers to accumulate wastes. Conduct required vapor monitoring and visual inspections. Maintain required records.

LQG 265 Subparts AA, BB, and CC

[1] Regulatory references are to 40 CFR (which are incorporated by reference) unless otherwise noted (i.e. 40 CFR is reference to USEPA regulations). Be sure to check both PADEP (i.e. 261.a.) and EPA regulation.

[2] CESQGs are required to report hazardous waste spills that are above reportable quantities (relating to hazardous substances as defined in 40 CFR 302.4) or 10 gallons, whichever is more stringent. [25 PA Code 262a.43]. A discharge or spill into the waters of the Commonwealth shall be reported regardless of quantity spilled or discharged.


Pub 611 4-11 Rev (2) 11/2011

4.3 MANAGEMENT OF HAZARDOUS WASTE Hazardous waste generators (LQG and SQG) regulated under RCRA must:

• Identify and count waste • Obtain EPA ID number • Comply with accumulation and storage requirements (including requirements

for training, contingency planning, and emergency arrangements) • Prepare waste for transportation • Track the shipment and receipt of such waste • Meet recordkeeping and reporting requirements.

CESQG’s are not subject to most generator requirements applicable to LQGs and SQGs, but they must identify their hazardous waste, comply with storage limit requirements, and ensure waste treatment or disposal. 4.3.1 HAZARDOUS WASTE STORAGE REQUIREMENTS ACCUMULATION UNITS Storage is the holding of waste for a temporary period of time prior to the waste being treated, disposed, or stored elsewhere. Storage and accumulation of hazardous waste on-site must be conducted within Department of Transportation approved containers according to RCRA Pre-Transport requirements [40 CFR 262.30]. SQGs accumulating hazardous wastes may only do so in tanks and containers. LQGs may accumulate hazardous waste in containers, tanks, and containment buildings. If SQGs wish to accumulate waste in containment buildings or on drip pads, they must meet the LQG standards. Prior to consolidation a facility’s waste accumulation area, a generator is allowed to accumulate hazardous waste at or near the point where it is initially generated and collected during daily operations, also referred to as the satellite accumulation area. A generator may accumulate up to 55 gallons of hazardous waste or 1 quart of acute hazardous waste at each satellite accumulation area, if it is under the control of the person operating the process that generates the waste. Limited standards, such as labeling and maintaining the container in good condition apply. When the 55-gallon limit is reached, the generator has three days to move the hazardous waste to the central accumulation area (or it must be shipped off-site). The waste accumulation time period starts when waste is first placed in or on the empty accumulation unit (container or tank). For LQGs, hazardous waste can be accumulated up to 90 days before shipment off-site, while SQGs can accumulate hazardous waste up to 180 days. PennDOT typically stores generated hazardous waste in containers and storage tanks (limited). Other types of hazardous waste storage units that are allowed, but not used by


Pub 611 4-12 Rev (2) 11/2011

PennDOT include: drip pads, containment buildings, waste piles and surface impoundments. Containers Containers are one of the most commonly used and diverse forms of hazardous waste storage. A hazardous waste container is any portable device, in which a hazardous waste is stored, transported, treated, disposed, or otherwise handled. The most common hazardous waste container is the 55-gallon drum. Other examples of containers are tanker trucks, railroad cars, buckets, bags, and even test tubes. Containers must be kept in good condition. Containers that are deteriorating (e.g., cracked, rusted, or leaking) cannot be used. Waste stored in defective containers must be transferred to containers in good condition or managed in another type of container. To ensure that containers are being managed properly, facilities must visually inspect container storage areas at least weekly for leaking or deteriorating containers. Containers holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste.

Tanks Tanks are stationary devices constructed of non-earthen materials used to store or treat hazardous waste. Tanks can be open-topped or completely enclosed and are constructed of a wide variety of materials including steel, plastic, fiberglass, and concrete. Tanks that store hazardous waste are regulated under RCRA Subtitle C requirements [40 CFR 265.190-265.2010. Requirements for storage, tank/waste compatibility, spill prevention, inspection and closure are specified therein. Tanks storing ignitable or reactive waste must have the waste treated so that the waste does not meet the definition of ignitable or reactive. 4.3.2 LABELING REQUIREMENTS Hazardous wastes need to be labeled from the start of accumulation while stored onsite. At a minimum the words “Hazardous Waste” and the start date of accumulation must be on the container. A Hazardous Waste label is preferred when labeling hazardous waste while on site.


Pub 611 4-13 Rev (2) 11/2011

4.3.3 MANIFESTING If the facility generates, treats, stores, disposes, transports or offers to transport any hazardous waste, it must apply and obtain and EPA ID number from the PADEP. Not only the generator must have and ID number, but it is forbidden to offer hazardous waste to any transporter and Treatment, Storage and Disposal Facility (TSDF) that does not have an EPA ID number.

The Uniform Hazardous Waste Manifest (Form 8700-22) is used to track hazardous waste from a generator’s site to the site of its disposition. Attachment 4-2 provides an example of filled out Form 8700-22 with instructions. Additionally, see Attachment 4-3 which provides an EPA listing of common hazardous waste codes for waste stream classifications typically generated by SQG.

The key component of this system is the Uniform Hazardous Waste Manifest which is a form prepared by all generators who transport, or offer for transport, hazardous waste for off-site treatment, recycling, storage, or disposal. Currently, the manifest is a paper document containing multiple copies of a single form. When completed, it contains information on the type and quantity of the waste being transported, instructions for handling the waste, and signature lines for all parties involved in the disposal process. The manifest is required by both Department of Transportation and PADEP. Each party that handles the waste signs the manifest and retains a copy for themselves. This ensures critical accountability in the transportation and disposal processes. Once the waste reaches its destination, the receiving facility returns a signed copy of the manifest to the generator, confirming that the waste has been received by the designated facility.

Compliance with the new regulations is relatively straightforward. In Pennsylvania the generator of the hazardous waste does not have to submit a generator copy to the PADEP. Only the TSDF must submit a signed manifest copy to the PADEP. PADEP also wishes to receive a signed manifest copy (copy 2) from facilities located outside of Pennsylvania which receive hazardous waste from Pennsylvania generators. PADEP does not require any additional wastes other than RCRA hazardous waste to be shipped using a Uniform Hazardous Waste Manifest.

All wastes that are sent off-site for disposal must be properly manifested. The Hazardous Waste Manifest System is a set of forms, reports, and procedures designed to seamlessly track hazardous waste from the time it leaves the generator facility where it was produced, until it reaches the off-site waste management facility that will store, treat, or dispose of the hazardous waste. The system allows the waste generator to verify that its waste has been properly delivered, and that no waste has been lost or unaccounted for in the process.

Hazardous waste generated from District Bridge Painting operations should be manifested under Temporary EPA ID numbers obtained from PADEP. This process allows for proper management of hazardous waste for a limited period of time, but does not count towards the generator status. This also applies to managing hazardous waste generated from emergency responses on roadways, as described in Section 8.3. Temporary EPA ID


Pub 611 4-14 Rev (2) 11/2011

numbers can be obtained by calling PADEP Division of Reporting and Fee Collection at 717-783-9258.

LAND BAN RESTRICTIONS The land disposal restriction (LDRs) regulations require treatment of hazardous wastes prior to disposal. These standards are designed to minimize the long-term threat posed to human health and the environment by requiring that hazardous wastes be treated using the “best demonstrated available technology.” The generator of a hazardous waste bears the primary responsibility for determining whether the waste meets the applicable LDR standards, and for communicating this information to the TSDF, as described in 40 CFR Part 268. 4.3.4 RECORDKEEPING AND REPORTING RECORDKEEPING The generator is required to keep copies of each manifest, Biennial Report (LQGs only), waste determinations and any waste analyses supporting the waste determinations for a period of three years. PennDOT requires these records to be kept indefinitely. Generators are also required to keep Exception Report, as described below. REPORTING Exception Reporting The RCRA regulations ensure that the transport of hazardous waste from its point of generation to its point of treatment, storage, or disposal is documented through the manifest system. This system requires the designated facility to return a signed and dated copy of the manifest to the generator in order to acknowledge receipt of the waste. If a generator has not received the paperwork, additional steps are required to be taken in order to locate the waste.

LQGs who transport waste offsite, but do not receive a signed and dated copy of the manifest from the designated facility within 45 days from the date on which the initial transporter accepted the waste, must submit an exception report to the EPA Regional Administrator. The exception report must describe the efforts made to locate the waste and the results of those efforts.

SQGs must submit a legible copy of the manifest, with indication as that they have not received confirmation of the delivery within 60 days (counting from the day the initial transporter pickup of the hazardous waste) to the EPA Regional Administrator. The submission to EPA need only be a handwritten or typed note on the manifest itself, or on an attached sheet of paper, stating that the return copy was not received.


Pub 611 4-15 Rev (2) 11/2011

4.3.5 EXPORT AND IMPORT REQUIREMENTS Under regulations, there are several additional provisions that apply to exporters and importers of hazardous wastes, as defined in 40 CFR 262. These requirements are designed to ensure that hazardous waste is not exported to a foreign country without that country’s prior consent. These regulations are implemented by the Organization of Economic Cooperation and Development (OECD).

Attachment 4-1 Regulatory Waste Activity Report

(RCRA Subtitle C Site Identification Form)

EPA Form 8700-12

Attachment 4-2 Uniform Hazardous Waste Manifest

(Example)

EPA Form 8700-22

Attachment 4-3 EPA Waste Codes for Common SQG Waste Streams

Attachment 4-4 Management of Aerosol Cans

Management of Aerosol Cans BACKGROUND Aerosol cans are used for various Department operations, including garage and vehicle maintenance operations and paint-related activities. Aerosol cans typically contain compressed gas or liquid. Once used, the steel cans and their remaining contents must be managed appropriately. WASTE DESCRIPTION AND CLASSIFICATION If used aerosol cans are properly recycled then the cans are considered a scrap metal and not waste. Because recycled cans are not waste, they need not be classified. If, however, used aerosol cans are offered for disposal without recycling, then the cans are waste and must be appropriately classified. Used aerosol cans may be classified as a hazardous waste, residual waste or municipal waste, and it is the generator’s responsibility to make a categorical determination. The applicable waste classification for used aerosol cans is based on the original aerosol cans product content and how much product is left in the used aerosol can when it is ready for disposal. Not all used aerosol can contents are hazardous waste, and as such, the Department encourages the Counties to do waste characterizations and segregate potential hazardous vs. non-hazardous used aerosol cans and their captured (drained) residues, if the used cans are not destined for recycling. WASTE MANAGEMENT OPTIONS It is PennDOT’s preference for all aerosol cans to be recycled, if local recyclers are available. If not destined for recycling, used aerosol cans and their residues must be waste classified and managed appropriately per full regulatory requirements. 1) Recycling Aerosol Cans Used aerosol cans must no longer contain significant amounts of liquid before they can be treated as scrap metal for recycling. One common method for ensuring that cans no longer contain significant amounts of liquid is to puncture the cans and drain any remaining contents. Local recyclers may, or may not, require that used aerosol cans be punctured and drained before accepting the cans for recycling. Regardless, before offering used aerosol cans for recycling, Counties should ensure that the cans are emptied using common industry practices (all materials must be removed using practices commonly employed to remove materials from that type of container, e.g. pouring, pumping, and aspirating). For cans holding compressed gas, Counties should ensure that the pressure in the cans approaches atmospheric.

Aerosol Can Recycling Notes

• Empty aerosol steel cans shall be collected and placed into containers that are clearly marked with the following words: EMPTY AEROSOL CANS for RECYCLING, SCRAP METAL. Do not store or collect any aerosol cans that are not empty in these designated areas.

• Residues collected from aerosol can puncturing and draining must be characterized and managed appropriately.

• If a County intends to recycle aerosol cans, but does not have currently have a can puncturing device at point of generation, the aerosol cans may be transported by PennDOT personnel using PennDOT vehicles without special placarding or manifesting to an alternate County location for puncturing and draining, prior to recycling. When transporting the used cans, they must be managed in a manner that does not allow for spills or leaks to be released to the environment from the point of generation to the puncturing and draining operations.

2) Disposal of Aerosol Cans If used aerosol cans are not recycled, then the County must characterize the cans before offering them for disposal. Used aerosol cans may be classified as a hazardous waste, universal waste, residual waste or municipal waste. Under no circumstances shall any hazardous waste, universal waste, or residual waste aerosol cans be placed in municipal waste dumpsters. Non-empty aerosol cans, including but not limited to defective aerosol cans, discarded products, etc. must be managed as residual, universal or hazardous waste. See Publication 611 for further guidance on hazardous, universal and residual waste management. Hazardous Waste Classification Used aerosol cans may be classified as a hazardous waste either because the product that the cans once contained is characterized as a hazardous waste or because the cans exhibit a characteristic of a hazardous waste. Paints, thinners and solvents are typical aerosol can products which may be hazardous. Even if the cans’ product is not a hazardous waste, the can itself still can be classified as hazardous waste due to potentially exhibiting the reactivity or ignitability characteristic (e.g., the cans will detonate under pressure). Federal regulations provide that once used aerosol cans are properly emptied (i.e., “RCRA Empty”) any remaining residue is no longer considered hazardous. See 40 CFR 261.7. In Pennsylvania, however, even if used aerosol cans are RCRA Empty, any residue that escapes the cans may still be considered hazardous. See 25 Pa. Code 261a7. Concern that used aerosol cans may exhibit the reactivity or ignitability characteristic can ordinarily be addressed by puncturing the cans and draining any remaining product.

Puncturing cans will release compressed gas and should eliminate the danger of the cans detonating under pressure. In Pennsylvania, some used aerosol cans (and their content) may be classified as universal wastes. PADEP has expanded the federal universal waste classification to include paint and aerosol paint cans that exhibit a hazardous waste characteristic or contain a hazardous waste. The paint or aerosol can must also be in its original packaging or must otherwise be appropriately contained and labeled, per 25 Pa. Code 266b.3. All aerosol cans meeting the definition of hazardous waste must be managed under all applicable RCRA Subtitle C regulations (hazardous regulations) and PADEP regulations. Further guidance on hazardous waste management may be found in Section 4.0 and universal waste management in Section 5.0. In conclusion, all aerosol cans and their contents or residues which are offered for disposal (not recycling) and which initially meet the definition of hazardous or universal waste must be managed as hazardous or universal waste, respectively. Alternatively, used aerosol cans may be recycled as scrap metal once they no longer contain a significant amount of liquids. In keeping with the Department’s Recycling Initiative, the Department’s preference is to recycle used aerosol cans. Residual Waste Classification Used aerosol cans and residues that meet the definition of a residual waste typically contain oil and lubricants, such as WD-40 product aerosol cans. These cans do not meet the definition of a hazardous waste. If punctured and drained, the collected residues are classified as waste oil (used oil) and can be collected for recycling as other waste oils from vehicle maintenance operations. Municipal Waste Classification Only used aerosol cans that meet the municipal waste classification may be disposed in municipal dumpster, and only if punctured and drained. No punctured and drained hazardous, universal or residual waste classified aerosol cans may be disposed in municipal waste dumpster.

Aerosol Can Disposal Notes

• Aerosol cans that only contain oil products (e.g. WD-40, spray lubricants, etc) should be labeled as WASTE OIL – RESIDUAL WASTE. They should be stored in sealed containers and removed from generator location within a one-year timeframe. Disposal through vendors must be accompanied by Bill of Lading.

• Aerosol cans that are classified as hazardous waste must be stored in sealed containers labeled “HAZARDOUS WASTE,” with start accumulation dates. Disposal through contracted vendors must be accompanied by hazardous waste manifest. For most County facilities that meet the CESQG or SQG, hazardous waste must be disposed

within a year or 180 day timeframe, respectively. Transportation and disposal of used aerosol cans that are not destined for recycling are required to be manifested as hazardous waste.

• Aerosol cans that contain(ed) paints, thinners, and solvents can be managed as universal waste, stored in sealed containers labeled “UNIVERSAL WASTE – AEROSOL CANS,” and must be disposed of within a year timeframe. At this time Pub. 611 does not provide specific management guidance for this specific type of universal waste stream, however, other than labeling, all other universal waste regulation apply as outlined in Publication 611. Transportation and disposal of universal waste aerosol cans to a permitted facility does not require use of a manifest.

• Residues collected from aerosol can puncturing and draining must be characterized and managed appropriately.

Section 5.0 UNIVERSAL WASTE

Pub 611 5-1 Rev (2) 11/2011

5.0 UNIVERSAL WASTE

5.1 BACKGROUND AND APPLICABILITY This section provides guidance on management of Universal Wastes, which includes batteries, pesticides, mercury-containing equipment and lamps. Universal wastes are hazardous wastes, but because they are generated by a large number of businesses in relatively small quantities, EPA issued this universal waste category as promulgated under 40 CFR 273. EPA also establishes this waste classification to promote recycling of these select categories, while reducing the burden to generators from managing these waste streams in the same stringent manner as waste that are defined traditionally as “hazardous.” PADEP has incorporated by reference the management of universal waste in 25 Pa Code 266b, that were also amended its regulations to include mercury-containing devices in December 2000. This guidance is applicable to all PennDOT facilities that generate universal waste. Regulations make the distinction between two levels of universal waste handlers: Small Quantity Handlers of Universal Waste (SQHUW), and Large Quantity Handlers of Universal Waste (LQHUW). It is PennDOT’s policy to recycle all universal waste streams. Universal waste handlers are prohibited from treating universal wastes. However, if treatment is being conducted on-site, the facility becomes subject to additional requirements as a destination facility (recycling or treatment facility). Batteries, Lamps, and Mercury-Containing Equipment become wastes when:

• A used battery, lamp or mercury-containing equipment becomes a waste on the date it was discarded or sent for reclamation,

• An unused battery, lamp or mercury-containing equipment becomes a waste when the facility decides to discard it.

Pesticides become wastes on the date the generator decides to discard it and when they are recalled. This guidance is not intended to provide information on all applicable regulatory requirements, but is intended to be a quick reference tool for PennDOT personnel to assist them to appropriately manage and dispose of Universal Wastes created from PennDOT facilities throughout the Commonwealth. If more specific information is needed, District personnel may contact the Strategic Environmental Management Program (SEMP), or the appropriate regulatory agency. Universal waste regulations are specified in [40 CFR 273 and Pa Code 25 Chapter 266b].


Pub 611 5-2 Rev (2) 11/2011

5.1.1 UNIVERSAL WASTE GENERATOR CATEGORIES Small Quantity Handlers of Universal Waste (SQHUW)

A facility that accumulates less than 5,000 kilograms of one or more types of universal waste at one time. (PennDOT facilities generally fall into this category).

Large Quantity Handlers of Universal Waste (LQHUW)

A facility that accumulates more than 5,000 kilograms of one or more types of universal waste at one time. LQHUWs are subject to PADEP notification requirements. This is not required if the facility already has obtained an EPA ID number.

DEFINITIONS 1. Battery: A device consisting of one or more electrically connected electrochemical

cells that is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

2. Conditionally Exempt Small Quantity Generator (CESQG): Facilities that produce less than 100kg (220 lbs) of universal waste per month have the option of handling their waste under the universal waste regulations or as a Conditionally Exempt Small Quantity Generator (CESQG). [40CFR261.5]

3. Lamp (Universal Waste Lamp): The bulb or tube portion of an electric device. A lamp is specifically designed to produce radiant energy, most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Examples include fluorescent, high intensity discharge, neon, mercury vapor, high pressure sodium and metal halide lamps.

4. Large Quantity Handlers of Universal Waste (LQHUW): Accumulate 5,000 kg (11,000 lbs) or more of universal waste at any one time.

5. Mercury-Containing Equipment: A device or part of a device that contains elemental mercury integral to its function. Included thermostats, but excludes batteries and lamps.

6. Pesticides: Any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant.

7. Small Quantity Handlers of Universal Waste (SQHUW): Accumulate less that 5,000 kg (11,000 lbs) of universal waste at any one time.

8. Universal Waste: Hazardous wastes that are subject to the universal waste requirements of 40 CFR 273.


Pub 611 5-3 Rev (2) 11/2011

5.2 UNIVERSAL WASTE MANAGEMENT

Universal waste regulations cover: notification, labeling/marking, prohibitions, waste accumulation time limits, employee training, response to releases, offsite shipments, tracking, export and transportation requirements. Universal waste must be labeled appropriately. See specific terms for

specific waste streams below. A facility is required to keep track of the accumulation time of universal waste. Several methods can be used, but ultimately, the facility needs to be able to demonstrate that no universal waste has been stored longer than one year from start of accumulation. All personnel that handle or have responsibility for managing universal wastes must be informed of the proper handling and emergency procedures appropriate to the types of wastes handled at the facility. Releases of universal waste must be immediately contained, including wastes and their residues. A hazardous waste determination on the releases must be conducted and if found hazardous, the waste must be managed according to full hazardous waste regulations. LQHUW are required to keep records of shipment of universal waste. This is not required for SQHUWs. The type of records include: destination facility name and address, quantity of each type of waste shipped, and date of shipment and receipt of shipment. Shipment of hazardous waste should only be conducted by a Universal Waste Transporter, subject to full transporter regulations (40 CFR 273.55). While universal wastes are not considered hazardous waste and do not require a hazardous waste manifest, they may be regulated by the Department of Transportation as hazardous materials (40 CFR 171-180). 5.2.1 BATTERIES Examples of universal waste batteries are: nickel-cadmium, lead-acid batteries, nickel metal hydride, mercuric oxide, silver oxide, and lithium batteries. These types of used batteries are exempt from hazardous waste regulations provided they are recycled. (Note: alkaline, carbon zinc, zinc air batteries are considered non-hazardous, non-recyclable and can be disposed in the municipal trash).

PennDOT purchases lead-acid batteries from bid vendors, with a service agreement which requires the vendor to pick-up and recycle the used batteries. (Note: Other universal waste batteries are either required to be recycled or must be managed as


Pub 611 5-4 Rev (2) 11/2011

hazardous waste). Contact District Waste Coordinator for list of available vendors. Manage the universal waste batteries in the following manner:

Store waste batteries that have no cracks in designated area, indoor or protected by the elements.

Battery Storage Area should be curbed, non-reactive, and have an impermeable surface. Do not store in area with floor drain unless a battery storage container is used.

Inspect regularly for cracks and leaks.

Segregate used batteries from non-compatible material and waste.

Label used batteries (i.e. each battery) or container with any one of the following phrases:

Universal Waste - Battery(ies) Waste Battery(ies) Used Battery(ies)

Recycle used batteries within ninety (90) days (recommended). Keep used batteries on-site no longer than one year, if more frequent recycling is not possible.

If a waste battery shows signs of leaking, is cracked or damaged immediately place damaged battery in acid-resistant, leak-proof, closed container; a five-gallon plastic pail or bucket with top is adequate. Contain and collect any spills with absorbent, following proper safety procedures. Spill waste must be disposed of as a hazardous waste, unless the battery recycler accepts the waste. 5.2.2 LAMPS Examples of universal waste lamps are: used fluorescent lamps, high-intensity discharge (HID) lamps, neon, mercury vapor, high pressure sodium, and metal halide lamps. PennDOT requires recycling of these items. Used lamps must be managed to prevent releases of any component of the lamp into the environment. Manage the universal waste lamps in the following manner:

Store used lamps in original boxes or boxes of similar size in designated storage area. Do not break or crush lamps. Do not tape lamps together, keep them separate to minimize breakage. Seal box ends with tape.

Label used lamps storage containers with one of the following phrases: Universal Waste - Lamp(s) Waste Lamp(s) Used Lamp(s)


Pub 611 5-5 Rev (2) 11/2011

Dispose of used lamps using a reputable recycler.

If there is a breakage, immediately collect the contents to minimize release of potential hazardous ingredients (mercury and other) and store in this closed, structurally sound compatible and properly labeled container. See PennDOT’s Guidance Policy and recycler contacts in Attachment 5-1. 5.2.3 MERCURY-CONTAINING DEVICES & MERCURY THERMOSTATS Examples of mercury-containing equipment universal waste are: thermostats, switches, thermometers, relays, manometers, barometers, thermocouples, and gauges.

Store used waste mercury-containing equipment (items) in a closed, structurally sound container compatible with the contents of the equipment

Label used waste mercury-containing equipment containers with anyone of the following phrases:

Universal Waste – Mercury Containing Devices(s) Waste Mercury-Containing Device(s) Used Mercury-Containing Device(s)

If mercury-containing items break, store the broken pieces in a sealed container. Place a hazardous waste label on the sealed container. In addition, label the container with a clear description of the waste, “Broken Thermostats”, for example. Mercury Thermostats may be labeled can be stored and managed separately. Label all containers that contain mercury thermostats or ampules removed from the thermostats with:

Universal Waste-Mercury Thermostat(s) 5.2.4 PESTICIDES When a pesticide is discarded or recalled, it becomes a universal waste. Some pesticides are not subject to universal waste standards. Examples of excluded pesticides include:

Recalled or unused pesticides that are managed by farmers on their own farms;

Unused pesticides that are not wastes because the generator has not yet decided to discard them; and

Recalled pesticides that are not waste because the person recalling the waste has decided to use or reuse the pesticide.


Pub 611 5-6 Rev (2) 11/2011

Manage discarded pesticides in the following manner:

Store waste pesticides in a closed, structurally sound container compatible with the pesticide or in an over-pack drum.

Label waste pesticides clearly with one of the phrases if the original label that was on or accompanied the product as sold or distributed is illegible:

Universal Waste – Pesticide(s) Waste –Pesticide(s)

The Pennsylvania Department of Agriculture (PDA) manages a waste pesticide collection program, called PDA Chemsweep Program, designated to provide free disposal to old, unusable or unwanted pesticide products. To participate in the program contact the regional PDA Regional office. For listings of the nearest offices: Pennsylvania Department of Agriculture. The PDA also provides a free plastic pesticide container recycling program. Only clean rinsed #2 HDPE containers including drums up to 55 gallons are eligible for this program. CONTACTS PADEP contacts are provided in Section 2.0, under the Division of Hazardous Waste Management (Harrisburg, PA) or Waste Management Programs for Regional PADEP Offices.

PADEP Emergency Response Hotline: 800-541-2050 Pennsylvania Department of Agriculture: www.pda.state.pa.us

Attachment 5-1 Fluorescent Lamp Recycling Guidelines and Vendors

FLOURESCENT LAMP AND BALLAST RECYCLING VENDORS

AERC Recycling Solutions 2591 Mitchell Avenue, Allentown PA 18103 Phone: 610-797-7608; Fax: 610-797-7696 Website: http://www.aercrecycling.com/contact/pennsylvania.php

Accepts lamps of all types (including fluorescent), PCB and non-PCB ballasts, batteries (all types), phosphor powder, electronics scrap, and all manner of mercury-containing products and wastes.

Atlantic-Inland Environmental Services 939 Radnor Road/910 Tannery Road, Wayne, PA 19087 Phone: 1-888-296-0700 or 484-868-2957; Website: www.atlanticinlandenvironmental.com/services/ourservices.html

or www.recyclelights.com Accepts: lamps, ballasts, batteries, electronics scrap, PCBs, transformers, and asbestos.

Bethlehem Apparatus Company, Inc. 890 Front Street, P. O. Box Y, Hellertown, PA 18055 Phone: 610-838-7034; Fax: 610-838-6333 Website: www.bethlehemapparatus.com/materials-processed.html

Accepts lamps of all types (including fluorescent), thermometers, mercury salts and compounds, batteries (mercury-containing only), electrical equipment, solids (e.g., soil contaminated with mercury) and liquids (e.g., water contaminated with mercury).

Corporate Lamp and Electronics Recycling/Lights for Less, LLC 500 North Walnut Road, Kennett Square, PA 19348 Phone: 610-444-0688; Fax: 610-444-5860 Website: www.gocler.com or www.l4less.com/recyclingservices.html

Accepts: fluorescent lamps

Earth Protection Services, Inc. 1823 William Penn Way, Suite 102, Lancaster, PA 17601 Phone: 484-322-0300

Accepts: fluorescent lamps, ballasts, electronics, nickel-cadmium batteries, mercury spill kits, and lead-acid batteries.

E-Force Compliance 3114 Grays Ferry Avenue, Philadelphia, PA 19146 Phone: 1-866-468-6935 Website: http://eforcecompliance.com.

Accepts: batteries (nickel-cadmium, lead-acid, lithium ion, magnesium metal, zinc (air, carbon, chloride), ballasts (PCB and non-PCB), fluorescent light tubes, as well as standard recycling of paper, plastic, glass, and, surplus furniture and equipment.

Fluorescent and Ballast Recycling Company 112 Eisenhower Road, Palmyra, PA 17178 Phone: 717-473-3350

Accepts: fluorescent light tubes and ballasts (all types – for both), along with computers.

McCutcheon Enterprises, Inc. 250 Park Road, Apollo, PA 15613 Phone: 724-568-3623; Fax: 724-568-2571 Website: http://www.completewastemgmt.com/DISCARD%20DEPOT.htm.

Accepts: fluorescent lamps, batteries, and electronics – these can be dropped off at the “Discard Depot” on the company’s headquarters property.

Partners in Planet Protection 102 South Main Street, Du Bois, PA 15081 Phone: 1-866-323-4777

Website: www.4pipp.com/. Accepts: fluorescent light tubes, batteries, computer monitors, and mercury-containing wastes.

Safety-Kleen: 7 Locations Phone (Headquarters): 469-877-6998 Allegheny County 412-462-0644; Bucks County 215-736-8699; Cambria County 814-266-4815; Chester County 610-430-0096; Erie County 814-459-4721; Luzerne County 570-825-8134; Westmoreland County 717-697-9783.

Website: http://www.safety-kleen.com/services/Pages/ProjectManagement.aspx Accepts: fluorescent lamps, ballasts, batteries, and computers.

Schaedler/Yesco: 14 Locations Adams County 717-334-0993; Adams County 717-334-0106; Allegheny County 412-363-1800; Centre County 814-234-1525; Dauphin County 717-233-1621; Elk County 814-834-2814; Franklin County 717-261-9999; Indiana County 724-465-6000; Lancaster County 717-397-3701; Lebanon County 717-376-0640; Lycoming County 570-321-0440; Monroe County 570-595-3804; Westmoreland County 724-335-8501; York County 717-843-9991.

Website: www.sydist.com/Services/tabid/62/Default.aspx Accepts: fluorescent lamps.

Scott Electric P. O. Box S, Greensburg, PA 15601-4899 Westmoreland County 1-800-442-8045; Blair County 1-800-252-3530; Erie County 1-877-844-0777; Allegheny County 1-800-388-2232.

Website: www.scottelectricusa.com/Divisions/recyclingProgram.html Accepts: fluorescent lamps, ballasts, electronics (including computers), batteries, and transformers.

WESCO Distribution Phone(s): Harrisburg/Central 717-319-4868; Harrisburg/North Central 570-971-7203; Norristown 610-955-3859; Reading and Northeast 610-780-9249; Westmoreland County Pittsburgh, Allegheny County; and New Brighton, Beaver County 412-953-7755; York County 717-577-2432.

Website link: http://www.wesco.com/lighting/linecard.pdf Accepts: fluorescent lamps and ballasts.

Section 6.0 RESIDUAL WASTE MANAGEMENT

Pub. 611 6-1 Rev (2) 11/2011

6.0 RESIDUAL WASTE

6.1 BACKGROUND AND APPLICABILITY Residual waste is a nonhazardous industrial waste, comprising the largest waste category generated in the Commonwealth. Section 3.0, Table 3-2 provides a roadmap to determine if your waste stream is regulated as a residual waste in Pennsylvania, as stipulated under the Residual Waste Management Regulations [Article IX, 25 Pa Codes 287-299]. By definition:

Residual Waste is a nonhazardous industrial waste including waste material (solid, liquid, or gas) produced by industrial, mining and agricultural operations. It excludes certain coal mining wastes and wastes from normal farming activities. Residual waste does not include wastes that are defined as hazardous.

The Commonwealth, through its regulations encourages the reduction in the quantity of waste generated, through recycling programs and beneficial use programs. The Beneficial Use Program was developed by PADEP with the intent to enhance opportunities for waste reclamation and energy recovery. Under the Beneficial Use Program, PADEP has issued general permits for the beneficial use of municipal and residual waste, and provides permitting and compliance monitoring of beneficial use facilities. Recycling is encouraged by PADEP. Some materials, including some residual wastes are excluded from the definition of waste when they can be shown to be recycled by being:

Used or reused as ingredients in an industrial process to make a product or employed in a particular function or application as an effective substitute for commercial product, provided the materials are not being reclaimed. This includes materials from the slaughter and preparation of animals and steel slag if used onsite as a waste processing liming agent in acid neutralization or onsite in place of aggregate. Coproducts. A material generated by a manufacturing or production process, or a spent material, of a physical character and chemical composition that is

Typical Residual Wastes are Generated at PennDOT Facilities?

Waste Oil Used Antifreeze Waste Tires Oil/ Fuel Filters Shop Rags Air Filters & Other

PennDOT uses an Industry-Wide

Co-product Determination for Reclaimed Asphalt Pavement. See Section 9.0 for further details.


Pub. 611 6-2 Rev (2) 11/2011

consistently equivalent to the physical character and chemical composition of an intentionally manufactured product or produced raw material, if the use of the material presents no greater threat of harm to human health and the environment than the use of the product or raw material. Material that is returned to the original process from which they are generated, without first being reclaimed or land disposed. The material shall be returned as a substitute for feed stock materials. When the original process to which the material is returned is a secondary process, the materials shall be managed so that there is no placement on the land and the secondary process takes place onsite.

It should be noted that even when residual waste is recycled or beneficially used, there are very few “recycling” exemptions to the generators or handlers prior to approved recycling or disposal. PennDOT typically generates the following residual waste streams: waste oil, used asphalt, used antifreeze (non-hazardous), used tires, storage tanks, contaminated soil, construction & demolition waste, wastes that contain asbestos, oil and PCBs, paints, etc. Residual waste must be managed in accordance to 25 Pa Codes 287-299. Residual waste should either be recycled or disposed at permitted disposal facilities. This guidance is not intended to provide information on all applicable regulatory requirements, but is intended to be a reference tool for PennDOT personnel to assist them to appropriately manage and dispose of Residual Wastes created from PennDOT facilities throughout the Commonwealth. If more specific information is needed, District personnel may contact the Strategic Environmental Management Program (SEMP), or the appropriate regulatory agency. DEFINITIONS 1. Residual Waste: Garbage, refuse, other discarded material or waste, including solid,

liquid, semisolid or contained gaseous materials resulting from industrial, mining and agricultural operations and sludge from an industrial, mining or agricultural waste supply treatment facility, wastewater treatment facility or air pollution control facility, if it is not hazardous.

2. Beneficial use: use or reuse of residual waste or residual material derived from

residual waste for commercial, industrial or governmental purposes, if the use does not harm or threaten public health, safety, welfare or the environment, or the use or reuse of processed municipal waste for any purpose, if the use does not harm or threaten public health, safety, welfare or the environment.

3. Construction material: The engineered use of residual waste as a substitute for a raw

material or a commercial product in a construction activity, if the waste has the same engineering characteristics as the raw material or commercial product for which it is


Pub. 611 6-3 Rev (2) 11/2011

substituting. The term includes the use of residual waste as a road bed material, for pipe bedding, and in similar operations.

4. Special handling waste: Solid waste that requires the application of special storage, collection, transportation, processing or disposal techniques due to the quantity of material generated or its unique physical, chemical or biological characteristics. The term includes dredged material, sewage sludge, infectious waste, chemotherapeutic waste, ash residue from a solid waste incineration facility, friable asbestos-containing waste, PCB-containing waste, waste oil that is not hazardous waste, fuel contaminated soil, waste tires and water supply treatment plant sludge.

5. Waste oil: Oil refined from crude oil or synthetically produced, used and as a result of

the use, contaminated by physical or chemical impurities. The term includes used oil. 6. Used oil: A petroleum-based or synthetic oil which is used in an internal combustion

engine as an engine lubricant, or as a product for lubricating motor vehicle transmissions, gears or axles which through use, storage or handling has become unsuitable for its original purpose due to the presence of chemical or physical impurities or loss of original properties.


Pub. 611 6-4 Rev (2) 11/2011

6.2 MANAGEMENT OF RESIDUAL WASTE 6.2.1 RESIDUAL WASTE REQUIREMENTS PennDOT is a generator of residual waste, and as such is responsible for managing residual waste appropriately on-site prior to recycling or disposal. Proper storage, containment and disposal are key elements of management, and are contingent upon the type of residual waste. In Section 6.2.3, a discussion on the properties and management methods for specific residual waste streams is provided. Some general requirements for residual waste generators are discussed below. Waste Determination A generator of a residual waste stream must make a waste stream determination. The waste stream determination can either be based upon generator knowledge or waste analyses. Waste stream determinations should be documented and kept on-file for 5 years after waste was generated. Waste Storage Residual waste, like all waste, should be stored in a manner which minimizes their impact on the environment. Standards for proper storage include:

Residual waste containers should be properly labeled identifying the contents and the date wastes are initially placed in containers. Storage containers are to be serviceable, with no rust, dings or corrosion; containers should be stored on pallets to protect them from standing water. Lids and/or bungs should be in place and tight. Adequate spill stabilization materials are to be stored close at hand and the area identified. Storage areas are to be properly signed “Residual,” and only residual waste are to be stored in the area. All storage areas with the potential to discharge to any Pennsylvania waters (such as storage tanks and drum storage areas) must be equipped with secondary containment. Secondary containment typically consists of dikes or curbs around the storage area capable of holding 100% of the volume contained in the largest container plus a reasonable allowance for precipitation (additional 10%). The base of the storage area should be paved or otherwise fitted with an impervious material. Secondary containment structures should be constructed of materials which will contain the substance stored in tanks (concrete is a good material to use, although clay or soil dikes and pads are acceptable provided they will contain the material stored). See Pub. 284 – Facilities Manual, for additional requirements and recommendations. Storage areas should not be designated in or near open storm sewer drains or other outfalls to minimize the potential of material releases entering the stormwater or sewer system. If nearby storm sewers are necessary to discharge precipitation, they


Pub. 611 6-5 Rev (2) 11/2011

should be equipped with a valve that remains closed except when discharging precipitation. Contingency plans for leaks and spill. An approved and signed stockpile specific Preparedness, Prevention, and Contingency (PPC) Plan or Combined Facilities Response Plan provides site-specific storage requirements for residual and hazardous waste to minimize the discharge of materials to the environment. Residual wastes should be stored no longer than ninety calendar days, but may be stored up to one year before disposal.

Waste Disposal All PennDOT facilities and operations generating residual wastes must ensure that the wastes are shipped to and disposed of in an appropriate permitted residual or municipal waste disposal facility, whether this is done directly through PennDOT personnel or through a contractor. Most municipal landfills in Pennsylvania are permitted to accept municipal wastes only and are required to apply for a permit modification from the PADEP to dispose of residual wastes by completing the PADEP Form U and Form 25R. The generator, i.e. PennDOT, is responsible for submitting Form U and 25R. See Attachments 6-1 through 6-3 for Forms and Instructions. The Source Reduction Strategy (SRS) is a reporting requirement for LQGs and details hazardous and residual waste categories and source reduction strategies employed by PennDOT. As all PennDOT facilities currently are classified as CESQGs, no SRS is required to be filed. If it becomes necessary to prepare a SRS, please contact SEMP for guidance. Transport of Residual/Municipal Waste Vehicles that transport municipal or residual wastes (>17,000 lbs) to processing or disposal facilities in Pennsylvania are required to have an active Act 90 Authorization Sticker, as required under Act 90 – Waste Transportation Safety Program. The disposal facilities have the authority to reject waste if the transporter does not have valid Act 90 Sticker and signage. Application forms and instruction can be downloaded from PADEP’s website at www.dep.state.pa.us, Keyword “DEP Permits.” In addition, vehicles transporting municipal/residual waste must display vehicle signage:

1. A sign that includes the name and business address of the vehicle owner. This address must include the city, state, and zip code. Districts should use the address where the vehicle is principally parked.

2. The sign must include the specific type of solid waste that is being transported. Mixed municipal and residual waste shall be designated: Municipal/Residual Waste.

3. The sign shall have lettering that is 6 inches in height. The required information shall be clearly visible and easily readable.


Pub. 611 6-6 Rev (2) 11/2011

4. The sign may be permanent or detachable. It is suggested that magnetic signs be purchased for Department vehicles.

6.2.2 RESIDUAL WASTE GENERATOR CATEGORIES

This guidance is applicable to all PennDOT facilities that generate residual waste. Generators of residual waste in Pennsylvania are grouped into two categories according to the rate at which the facility generates residual waste and how much it accumulates on-site, as defined in 25 PA Code 287. The two residual waste generator categories and requirements are: Small Quantity Residual Waste Generator and Large Quantity Residual Waste Generator as shown in table below.

Residual waste excluded from the count towards these generator categories:

Waste from collection of parts, machinery, vehicles, appliances and used oil from the repair or replacement of the parts, machinery, vehicles, appliances and used oil.

Waste created from a spill, release, fire, accident or other unplanned event. (Contaminated soil does not count towards the generator category.)

Requirements Small Quantity Residual

Waste Generator (SQRWG) Large Quantity Residual Waste

Generator (LQRWG)

Monthly generation Limit <2,200 pounds or less generated per month >2,200 pounds or less generated per month

Accumulation Time Limit One year One year Recordkeeping

Generator is required to maintain records of the types and amounts of residual waste generated, the dates waste was generated and disposed for 5 years Records on transporters and disposal facilities (name, address, telephone numbers) must be maintained for 5 years [25 Pa Code 287.55]

Generator is required to maintain records of the types and amounts of residual waste generated, the dates waste was generated and disposed for 5 years Records on transporters and disposal facilities (name, address, telephone numbers) must be maintained for 5 years [25 Pa Code 287.55]

Reporting None Biennial Reports and Source Reduction Strategy are required to be filed with PADEP for each waste stream generating in average or more than 2,200 lbs. of residual waste per month [25 Pa Code 287.51]


Pub. 611 6-7 Rev (2) 11/2011

6.3 TYPICAL PennDOT RESIDUAL WASTES 6.3.1 WASTE OIL

The Used Oil Recycling Act of 1980 required EPA to promulgate regulations establishing management standards to protect public health and the environment from risks posed by improper management of used oil. It also required that any regulations promulgated

under the law not discourage recycling. Consistent with the Used Oil Act of 1980, HSWA also required EPA to decide whether or not to list automotive oil as a hazardous waste. Under federal regulations, used oil is regulated under 40 CFR 279. Pennsylvania did not adopt the federal used oil regulations, but promulgated its own “waste oil” regulations under 25 Pa Code Chapter 298 - Management of Waste Oil, within the Residual Waste Management Regulations. Activities that typically generate waste oil include cleaning engine parts, replacing engine and transmission fluids, and repairing and maintaining equipment. Some waste oil is generated from spills and leaks that occur while repairing vehicles or from poorly maintained equipment. For clarification, PADEP has substituted the EPA term “used oil” with “waste oil” in the Commonwealth, and is as defined as:

Waste oil. Oil refined from crude oil or synthetically produced, used and as a result of the use, contaminated by physical or chemical impurities. The term includes used oil (see next). Used oil. A petroleum-based or synthetic oil which is used in an internal combustion engine as an engine lubricant, or as a product for lubricating motor vehicle transmissions, gears or axles which through use, storage or handling has become unsuitable for its original purpose due to the presence of chemical or physical impurities or loss of original properties.

The PADEP requires waste oil generators to:

All waste oil generators must evaluate the waste oil to determine whether it is hazardous. Waste oil may exhibit characteristics of a hazardous waste. Typically, waste oil contains impurities because of the presence of heavy metal contaminants and may test hazardous. If waste oil exhibits one of the hazardous waste characteristics (ignitability, corrosivity, reactivity, or toxicity), it must be managed in accordance with all applicable hazardous waste management practices.

Examples of waste oil:

Synthetic oil Engine oils Transmission fluid Refrigeration oil Compressor oils Metalworking fluids and oils Laminating oils Industrial hydraulic fluid And others.


Pub. 611 6-8 Rev (2) 11/2011

Waste oil containing more than 1,000 parts per million total halogens is presumed to be a hazardous waste. This may be rebutted by demonstrating the waste oil does not contain significant concentrations of halogenated hazardous constituents. This is also known as Rebuttable Presumption for Waste Oil, as defined in 25 PA Code 298.10 (b)(1)(ii). Excluded from the Rebuttable Presumption for waste oils, is: Reclaimed Metalworking oils/fluids; and waste oil contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units.

When the waste oil is not hazardous, the waste oil is required to be recycled or burned for energy recovery in boilers and industrial furnaces.

Do not mix waste oil with other hazardous waste – such as spent solvents, gasoline, pesticides, etc. Such mixtures are regulated as hazardous waste whether they are recycled or not.

Off-Specification Waste Oil Waste oil exceeding any of the specifications below is subject to requirements for “off-specification” waste oil fuel. Special requirements apply for waste oil burned for energy recovery in boilers and industrial furnaces. Such waste oil is termed “waste oil fuel”. Persons who market off-specification waste oil fuel must notify EPA Regional Administrator and keep copies of analyses. On-specification used fuel may be sold to anyone.

Contaminant/Property Allowable Levels Arsenic 5 ppm, maximum Cadmium 2 ppm, maximum Chromium 10 ppm, maximum Lead 100 ppm, maximum Flash Point 100 °F, minimum Total Halogens 4,000 ppm maximum (e.g. chlorine) for industrial uses 1,000 ppm maximum for residential and commercial uses

Halogens and Waste Oil Facts

Some oil products contain halogens by design, but more frequently, the halogen content is produced from the introduction of chlorinated solvents, found in some degreasers, brake cleaners and carburetor cleaners. Their presence in waste oil can make the mixture a hazardous waste, requiring disposal as a hazardous waste. If the waste oil test in excess of 1,000 ppm in halogen content, it is not acceptable for recycling and must be managed as hazardous waste. Minimize halogen contamination of waste oil by not mixing other wastes or products with the oil.


Pub. 611 6-9 Rev (2) 11/2011

Storage and Labeling Requirements Waste oil should be collected in a DOT-approved 55-gallon drum or tank but collection of used motor oil may use other similar clean, empty, plastic containers with a tight lid. All containers, including tanks should be labeled with the term “Waste Oil”. Only used oil destined to be sent out of the Commonwealth for disposal or recycling may be labeled as “Used Oil.” 6.3.2 OIL FILTERS Oil filters are removed from vehicles during normal vehicle maintenance activities. Used oil filters may contain residual used oil. There are two types of oil filters, terne-plated and nonterne-plated. Terne-plated oil filters exhibit the toxicity characteristic for lead. PADEP requires that used terne-plated oil filters be managed as hazardous waste. Used non-terne plated oil filters are subject to residual waste regulations if properly drained and recycled. Proper management of used oil filters includes:

Puncturing the filter anti-drain back valve or the filter dome end and hot draining (draining at near-engine operating temperature); see Fact Sheet #10 for more information)

Hot-draining and crushing. Dismantling and hot-draining; or Any other equivalent hot-draining method that will removed used (motor) oil”

6.3.3 GAS FILTERS Used gas filters are potentially hazardous waste due to the presence of high levels of lead and/or benzene. Gas filters should be drained. Waste determination of the gas filters can be done by contacting the manufacturer to inquire about the waste classification, or by testing of filters. If determined to be hazardous, they must be managed as a hazardous waste. If gas filters are determined to be non-hazardous, the facility may recycle them with the oil filters, after notifying the recycler; or alternatively recycle them with scrap metal. 6.3.4 HEATING OIL SLUDGE Storage tanks containing heating oil are periodically closed and cleaned. Sludges or tank bottoms are removed from tanks removed from tanks are not considered hazardous waste, but residual (waste oil). 6.3.5 OIL/WASTE SEPARATOR SLUDGE Oil-water separators and trench drains should be periodically cleaned and this is typically conducted by a contractor by pumping or vacuuming out the sediment. The sediment can be collected separately or combined with other waste (usually waste oil) in the contractor’s vacuum truck. A waste determination must be made by the generator or contractor on the sediment prior to disposal.


Pub. 611 6-10 Rev (2) 11/2011

6.3.6 USED ASPHALT OR TAR Used asphalt is generated by PennDOT during road maintenance activities. Used asphalt is considered a residual waste stream and subject to residual waste regulations. See section 9.0 of this guidance manual for further clarification. 6.3.7 USED ABSORBENT Used absorbent is typically generated from cleanup of oil spills at maintenance facilities. As oil products and used oil are not hazardous, used absorbent generated from cleanup of oil spills is also not classified as a hazardous waste. If used absorbent is used for cleanup of oil spills, it may be disposed of as a solid waste as long as there are no free liquids present. For cleanup of spills of hazardous materials or wastes (solvent, paint thinner, etc.), the used absorbent may be a hazardous waste and must be tested prior to disposal. 6.3.8 USED RAGS Rags used to clean up spills or drips may be contaminated with cleaners or other products or waste (oil, gasoline, etc.) and may exhibit a hazardous waste characteristic. Used rags contaminated with oil are considered used oil waste, and regulated as residual waste. Used rags contaminated with solvents or other potentially hazardous materials may exhibit hazardous waste characteristics, subject to hazardous waste disposal requirements. Custodial dust rags are considered non-hazardous. All used rags that do not contain free liquids and are recycled through a commercial laundry service are exempt from hazardous waste regulations. 6.3.9 WASTE TIRES Waste tires are generated through vehicle maintenance repairs and occasionally from clean-up activities. PADEP regulates waste tires to be handled as residual waste, and recycling of waste tires is mandatory in the Commonwealth. Waste tires should not be disposed as municipal waste. Storage of waste tires is limited to less than 500 tires in open storage or 1,500 in enclosed storage. Above these limits notification to PADEP is necessary and waste tire siting and storage requirements apply. Accumulating excess waste tires represents a financial liability and potentially increases the risk of a fire hazard and breeding grounds for mosquitoes. Waste tires should not be stored longer than 1 year on-site, otherwise PADEP approval needs to be obtained {25 PA Code 299.113). The facility should keep records that sufficiently demonstrate that waste tires, as with other residual waste, are stored for less than 1 year on-site. 6.3.10 USED ANTIFREEZE Antifreeze contains potentially hazardous chemicals such as ethylene glycol, propylene glycol, corrosion inhibitors, and other additives. Most antifreeze formulations need to be evaluated for the presence of hazardous waste characteristics prior to disposal. Occasionally, it may show toxicity characteristics due to elevated lead, cadmium, or chromium levels.


Pub. 611 6-11 Rev (2) 11/2011

Used antifreeze that tests hazardous must be managed as a hazardous waste, if not recycled. If used antifreeze is recycled by the facility using an on-site recycling system, the filter residue must be occasionally disposed of. This residue could potentially show hazardous characteristics due to metal content, even if the used antifreeze is not hazardous. As such, the residue must be tested prior to disposal. Because antifreeze is required for normal vehicle maintenance operations, opportunities to reduce the quantities are limited. Recycling used antifreeze is required by PennDOT. 6.3.11 CONSTRUCTION AND DEMOLITION WASTE Construction and demolition debris includes material and rubble resulting from construction, remodeling, repairs, and demolition of structures. Some typical construction/demolition waste include: wood scrap, plaster, metals, asphaltic substances, bricks, block and un-segregated concrete. The term does not include uncontaminated soil, rock, stone, gravel, brick and block, concrete and used asphalt, or waste from land clearing, grubbing and excavation activities. Process equipment such as lifts, tanks, etc. are not considered municipal waste and must be segregated. In Pennsylvania, construction and demolition debris is classified as a residual waste, but must be managed as a municipal waste [25 PA Code 287.2]. PennDOT construction/demolition wastes are typically handled by contractors. PennDOT should monitor the contractor waste disposal practices to ensure that proper disposal practices are being employed. In addition, every PennDOT facility or operation contemplating any project involving the demolition and/or removal of materials must determine whether any materials to be removed contain friable asbestos. See Section 7.0 for more details on regulatory requirements concerning asbestos waste. 6.3.12 ASBESTOS-CONTAINING WASTE Asbestos-containing waste generated from demolition and restoration activities are considered a municipal waste, but subject to residual waste regulations with additional special handling requirements. Section 7.0 of this publication provides regulatory guidelines for the management of asbestos-containing wastes. 6.3.13 CONTAMINATED SOIL Contaminated soil is regulated under the PADEP Management of Fill Policy. Soils impacted by evidences of releases are subject to PADEP’s Management of Fill Policy, and may be characterized as clean fill, regulated fill or waste, based upon the concentration levels of regulated substances tested. Materials identified as regulated fill is still considered waste and must be managed in accordance to the PADEP Municipal or Residual Waste regulations. Regulated fill must be beneficially used under General Permit WMGR096 if the materials and the proposed activities for the fill meet the conditions of the permit. See PennDOT Publication 281, Section 5.1 for further details and procedures for regulated fill management.

Attachment 6-1

Form U 2540-PM-LRWM0395

Attachment 6-2

Form U Instructions 2540-PM-LRWM0395

Attachment 6-3

Form 25R 2540-PM-LRWM03

Section 7.0 ASBESTOS NESHAP

Pub. 611 7-1 Rev (2) 11/2011

7.0 ASBESTOS NESHAP

7.1 BACKGROUND AND APPLICABILITY This document provides guidance on compliance with the National Emissions Standards for Hazardous Air Pollutants (NESHAP) asbestos inspection, notification, abatement requirements for bridge projects and PennDOT’s Programmatic Notification procedure as indicated in Publication 281, Section 4.4.1. The PA Department of Labor and Industry (PA Dept. L&I) through the Act 194 governs worker asbestos accreditation and abatement projects. However, the PA Dept. L&I authority only applies to indoor projects, and therefore, bridge projects that do not meet the NESHAP regulated asbestos project quantities, are exempt. This guidance is not intended to provide information on all applicable regulatory requirements, but is intended to be a quick reference tool for PennDOT Design and Construction project managers to assist them to appropriately plan and design asbestos-related projects for the necessary measures required, as established by the NESHAP regulations [40 CFR Part 61]. For bridge abatement projects below NESHAP regulated quantities, a certified contractor is not required. If more specific information is needed, District personnel may contact the Strategic Environmental Management Program (SEMP), or the appropriate regulatory agency. A contact list for all regulatory agencies is provided at the end of this guidance document. This guidance generally is applicable for bridge demolition/renovation projects where the presence of regulated asbestos containing materials (RACM) is documented (List C) and where ACM is suspected as identified by the List B bridges identified through the Bridge Management System (BMS), in accordance with PennDOT’s NESHAP inspection program. Regulated ACM must be removed prior to the start of bridge demolition activities, or renovation activities, when the ACM is to be disturbed. Prior to bridge demolition/renovation activities, notification must be performed to appropriate agencies either through PennDOT’s Annual Consolidated Notification program or independently when a change in the project schedule occurs.

The demolition of a single residential structure in a PennDOT construction project is exempt from the NESHAP regulations for inspection and notification. However, if the project involves the demolition of two or more residential structures, then these facilities are regulated under NESHAP and require inspection and notification.


Pub. 611 7-2 Rev (2) 11/2011

DEFINITIONS

1. Asbestos Containing Material (ACM): means any material that contains >1% asbestos by weight.

2. Category I nonfriable asbestos-containing material (ACM): means asbestos-

containing packings, gaskets, resilient floor tiles, and asphalt roofing products containing > 1% asbestos.

3. Category II nonfriable asbestos-containing material (ACM): means all other ACM

that are not considered Category I non-friable, e.g. Transite®, cement board products, caulking, and expansion joint materials.

4. Demolition means the wrecking or taking out of any load-supporting structural

member of a facility together with any related handling operations or the intentional burning of any facility. For bridges, a “load-supporting structural member” is an abutment or pier, but does not include the bridge deck.

5. Facility means any institutional, commercial, public, industrial, or residential

structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units); any ship; and any active or inactive waste disposal site. (Note: If a project contains a single family home scheduled for demolishment, it is exempt.)

6. Friable Asbestos Material means any material that contains > 1% asbestos that

when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. The term also includes nonfriable ACM after such previously nonfriable material becomes damaged to the extent that, when dry, it may be crumbled, pulverized or reduced to powder by hand pressure.

7. NESHAP Regulated Asbestos Projects: mean all demolition projects and asbestos

renovation projects that meet the RACM definition. 8. Regulated Asbestos-Containing Materials (RACM), means: (a) Friable asbestos material, material that contains > 1% asbestos, that is present in

quantities > 260 linear feet on pipes, or 160 square feet on other facility components, or 35 cubic feet on other facility components where the area could not be measured previously; and/or

(b) Category I nonfriable ACM that has become friable, or that will be or has been subject to sanding, grinding, cutting, or abrading; and/or

(c) Category II nonfriable ACM that has a high probability of becoming friable during demolition or renovation operations.


Pub. 611 7-3 Rev (2) 11/2011

For projects in Allegheny County, all ACM (friable and non-friable) is considered RACM that exceeds 260 linear feet on pipes or 160 square feet on other facility components. See definition of friable asbestos. For projects in the City of Philadelphia, all friable ACM is considered RACM that exceeds 80 linear feet on pipes and 40 square feet for other facility components.

9. Removal means to take out RACM or facility components that contain or are

covered with RACM from any facility.

10. Renovation means altering a facility or one or more facility components in any way, including the stripping or removal of RACM from a facility component. Operations in which load-supporting structural members are wrecked or taken out are demolitions.


Pub. 611 7-4 Rev (2) 11/2011

7.2 ASBESTOS MANAGEMENT 7.2.1 ASBESTOS INSPECTIONS Per Clean Air Act and NESHAP regulations [40 CFR 61], the owners of regulated facilities are required to inspect them, at least at the time of replacement or major rehabilitation, to determine the existence of asbestos. PennDOT’s Asbestos NESHAP Policy identifies the following three types of bridge category listings as it pertains to asbestos inspection and notification requirements: List A: Bridges determined not to have regulated ACM, through PennDOT’s internal screening process or through certified inspections. [Note: List A bridges determined through PennDOT’s screening process satisfies the inspection requirement under NESHAP. However, this does not satisfy a contractor’s OSHA worker protection requirement. Therefore, if contractors express worker health or safety concerns associated with not having a physical inspection performed, District personnel should contact SEMP Unit for further guidance as these will be handled on a case-by-case basis.] List B: Bridges with a potential to contain regulated ACM, but no inspections has been conducted. Certified inspections are required by accredited inspectors. Districts should attempt to have the utility owner conduct the inspection and provide inspection reports to PennDOT. List C: Bridges that have been determined to have regulated ACM. For bridges located on List B, an inspector certified by the PA Department of Labor and Industry must conduct inspections prior to any demolition/renovations. List C bridges have already been determined to have regulated ACM. It is PennDOT’s intent that prior to submission of subsequent Annual Consolidated Notifications, that all List B projects scheduled for letting will have been inspected and moved to List A or C in BMS. Certified inspectors may be found in the District Right-of-Way or Environmental Units. The Strategic Environmental Management Program staff of the Bureau of Maintenance are also certified asbestos inspectors and available for inspections. Additionally, if these resources are not available, Districts may use certified inspectors from environmental and design consultants, or the Agency-wide Remediation Services contract. NOTE: The City of Philadelphia requires asbestos inspections to be performed by a city certified asbestos investigator.


Pub. 611 7-5 Rev (2) 11/2011

7.2.1.1 MOBILE HOMES AND TRAILERS For PennDOT construction projects that plan to properly dispose of mobile homes or structures intact, NESHAP requirements do not apply. Mobile homes and mobile trailers are regulated facilities under NESHAP and require inspection and abatement. Mobile homes or mobile trailers are considered single residential structures (residences). The exception to this requirement is when a PennDOT construction project involves the demolition of only a single mobile home or mobile trailer. Demolition of two or more mobile homes or trailers within the same project limits are regulated under NESHAP and require inspections and notifications, as described in more detail in USEPA letter provided in Attachment 7-1.

However, if PennDOT utilizes the option to remove the mobile home or trailer intact and dispose properly (i.e. sell or direct disposal at an ACM approved disposal facility), an NESHAP inspection and abatement are not required.

7.2.2 ASBESTOS NOTIFICATIONS The USEPA has agreed to allow PennDOT’s bridge demolition/renovation project notifications to be performed through a Consolidated Annual Notification to satisfy the NESHAP notification requirements. A formal notification to the appropriate regulatory agencies is required if the project let date changes or the project is inadvertently left off the Annual Notification list. The re-notification must follow the required NESHAP notification requirements, as specified below. This re-notification may be made a special provision of the project contract. Additionally, in accordance with PennDOT’s NESHAP Programmatic Approach, all bridges identified as List B bridges are not covered under the Consolidated Annual Notification and must make the required NESHAP notification, as these bridges are “suspected” of containing regulated ACM due to the presence of utilities on the structure and/or that they span railroad tracks. Re-notifications (or notifications not satisfied through the Annual Consolidation Notification program) must be submitted to all appropriate agencies by mailing a completed PADEP Asbestos Abatement and Demolition/Renovation Form (Form 270-FM-AQ0021) with one original signature within 10 working days (including holidays) before commencement of the demolition, renovation, or abatement work. Instructions for completing Form 270-FM-AQ0021 are provided in Attachment A and Attachment B. Use Attachment 7-2 as an example when ACM is present (Scenario A). Use Attachment 7-3 as an example when no ACM or non-RACM is present (Scenario B). For projects in all areas except Allegheny County and the City of Philadelphia, this Notification and subsequent revisions (one original signature only, no fax or copies) must be submitted to the following address:


Pub. 611 7-6 Rev (2) 11/2011

Regular Mail Overnight/Express Mail/Hand Delivery

ASBESTOS NOTIFICATION ASBESTOS NOTIFICATION DEP BUREAU OF AIR QUALITY DEP BUREAU OF AIR QUALITY PO BOX 8468 400 MARKET STREET HARRISBURG, PA 17105-8468 HARRISBURG, PA 17101

If the project qualifies as a NESHAP regulated asbestos project (asbestos renovations and all demolition projects that meet the > 260 linear feet on pipes or 160 square feet on other facility components), the notification form must be submitted within 10 working days of start of project to US EPA Region III, address follows: Asbestos NESHAP Coordinator (3WC32)

US EPA Region III Asbestos Section 1650 Arch Street Philadelphia, PA 19103

For projects in Allegheny County only, the notification form in two copies (one original signature) must be submitted within 10 working days of the proposed project start date directly to the following address: A copy of the facility inspection survey must be included for all demolition projects. Allegheny County Health Department Air Quality Program Building 7 301 39th Street Pittsburgh, PA 15201-1891 Attn: Asbestos Abatement Permitting For Major, Minor asbestos projects in City of Philadelphia, this notification form must be submitted to the following address. Minor asbestos projects in the City of Philadelphia, defined as involving more than 12 square feet, but less than 80 square feet and more than or equal to 3 linear feet but less than 40 linear feet of piping), notification to the City of Philadelphia (see above address) must be submitted within 5 calendar days prior to the proposed start date of project. Workplace preparation and abatement procedures described in Section VII of the City of Philadelphia Asbestos Control Regulations must be followed for a minor asbestos project. No permits are required. Major asbestos projects in the City of Philadelphia, defined as involving 80 square feet or 40 or more linear feet or 35 cubic feet of friable ACM, a permit application must be submitted within 10 calendar days prior to the start of the project to the Department of Licenses and Inspections. Workplace preparation and abatement procedures described in Section VI of the City of Philadelphia Asbestos Control Regulations must be followed for a major asbestos project. Permits are required (see next section).


Pub. 611 7-7 Rev (2) 11/2011

The City of Philadelphia requires three copies (one original signature) for either a minor or major project. Do not send these documents directly to PA DEP. A copy of the facility inspection survey must be included for all demolition projects. City of Philadelphia Department of Public Health Air Management Services Asbestos Control Unit, 3rd Floor 321 University Avenue Philadelphia, PA 19104-4597 7.2.3 ASBESTOS PERMITS Asbestos permits may be required for projects in Allegheny County and City of Philadelphia. Allegheny County Permits Permits are required for asbestos projects involving more than 260 linear feet or 160 square feet of any ACM (Allegheny County treats all ACM as friable). Permit application must be submitted at least 10 working days prior to the proposed start date for and permit application must be approved prior to the start of the project. Send two copies of Permit Forms to: Allegheny County Health Department Air Quality Program Building 7 301 39th Street Pittsburgh, PA 15201-1891 Attn: Asbestos Abatement Permitting City of Philadelphia Permits For Major Projects, defined as involving 80 square feet or 40 or more linear feet of friable ACM, a permit application must be submitted within 10 calendar days prior to the start of the project to the Department of Licenses and Inspections. Approval of permit application by the Department of Public Health must be obtained prior to the proposed start date of project. An Asbestos Inspection Report is required to be submitted with the permit application, prepared by a certified Asbestos Investigator. Send two copies of Permit Forms to: City of Philadelphia Department of Public Health Air Management Services Asbestos Control Unit 321 University Avenue Philadelphia, PA 19104-4597


Pub. 611 7-8 Rev (2) 11/2011

For Minor Projects, defined as involving more than 12 square feet, but less than 80 square feet and more than or equal to 3 linear feet but less than 40 linear feet of piping), notification (hard copy) to the City of Philadelphia must be submitted only. No permits are required. 7.2.4 ASBESTOS ABATEMENT & CONTRACTOR LICENSE REQUIREMENTS

Regulated ACM must be abated prior to demolition or renovation activities. Abatement of RACM must be performed by a PA Dept. of Labor and Industry certified asbestos abatement contractor. For Allegheny County projects, when a permit is issued to remove asbestos, the work must be performed by a contractor licensed by the Allegheny County Health Department, and the contractor and his/her employees must have current asbestos occupational certifications issued by the PA Department of Labor and Industry. Following abatement, the Allegheny County Health Department will conduct inspections. For City of Philadelphia projects, asbestos work must be performed by a city licensed contractor through the Department of Licenses and Inspection and the contractor and his/her employees must have current asbestos occupational certifications issued by the PA Department of Labor and Industry. Before asbestos abatement, renovation, or demolition has commenced, the City of Philadelphia - Department of Air Management Services will pre-inspect the project and must provide approval prior to the start of asbestos project work. 7.2.5 ASBESTOS WASTE DISPOSAL Non-friable, non-regulated ACM is not required to be removed prior to demolition or renovation activities. All debris may be disposed of as municipal C&D waste. Friable ACM that does not exceed the NESHAP threshold quantities (> 260 linear feet on pipes or > 160 square feet on other components) is unregulated and does not need to be abated prior to demolition or renovation activities. If the friable ACM is not abated prior to demolition/renovation, all debris commingled with the friable ACM must be disposed of as residual asbestos-containing waste. The City of Philadelphia requires all asbestos building material, friable or non-friable that could be rendered friable by demolition, to be removed prior to demolition. There are no threshold limits set below which friable ACM is unregulated.


Pub. 611 7-9 Rev (2) 11/2011

7.2.6 RECORDKEEPING

NESHAP requirements for record keeping are set for waste generators. As a waste generator, you must retain copies of all Waste Shipment Record’s (WSR), including WSR's signed by the owner or operator of the waste disposal site where the waste was deposited for at least 2 years. The WSR's should be kept in chronological order in a secure, water-tight file. You are expected to provide copies of WSR's upon request of the responsible agency and to make the WSR file available for inspection during normal business hours.

For other record keeping requirements, see PennDOT Records Management Policy in reference to PennDOT’s record retention requirements.


Pub. 611 7-10 Rev (2) 11/2011

STATE AND LOCAL AGENCY CONTACTS City of Philadelphia

City of Philadelphia Department of Public Health Air Management Services Asbestos Control Unit 321 University Avenue Philadelphia, PA 19104-4597 215-685-7576 www.phila.gov

Allegheny County Allegheny County Health Department Air Quality Program Building 7 301 39th Street Pittsburgh, PA 15201-1891 412-578-8133 www.acdh.gov

All Other Counties DEP Contact

Bradford, Cameron, Centre, Clearfield, Clinton, Columbia, Lycoming, Montour, Northumberland, Potter, Snyder, Sullivan, Tioga, and Union

DEP Northcentral Region 208 West 3rd Street - Suite 101 Williamsport, PA 17701-6448 570-327-3638

Carbon, Lackawanna, Lehigh, Luzerne, Monroe, Northampton, Pike, Schuylkill, Susquehanna, Wayne, and Wyoming

DEP Northeast Region 2 Public Square Wilkes-Barre, PA 18711-0790 570-826-2531

Butler, Clarion, Crawford, Elk, Erie, Forest, Jefferson, Lawrence, McKean, Mercer, Venango, and Warren

DEP Northwest Region 230 Chestnut Street Meadville, PA 16335-3481 814-332-6940

Adams, Bedford, Berks, Blair, Cumberland, Dauphin, Franklin, Fulton, Huntingdon, Juniata, Lancaster, Lebanon, Mifflin, Perry, and York

DEP Southcentral Region 909 Elmerton Avenue Harrisburg, PA 17110 717-705-4702

Bucks, Chester, Delaware, and Montgomery DEP Southeast Region 2 E. Main Street Norristown, PA 19401-4915 484-250-5920

Armstrong, Beaver, Cambria, Fayette, Greene, Indiana, Somerset, Washington, and Westmoreland

DEP Southwest Region 400 Waterfront Drive Pittsburgh, PA 15222-4745 412-442-4174

PA Department of Labor & Industry Department of Labor and Industry Bureau of Occupational and Industrial Safety Seventh and Forster Streets - Room 1623 Harrisburg, PA 17120 717-772-3396

US EPA Region III Asbestos NESHAP Coordinator (3WC32) US EPA Region III 1650 Arch Street Philadelphia, PA 19103 215-814-2164/ 215-814-2135

Attachment 7-1

U.S. EPA Approval Letter

Attachment 7-2

Instructions for Completing PADEP Asbestos Notification Form 2700-FM-AQ0021

Scenario A: Regulated Asbestos-Containing Material (ACM)

Present

Attachment 7-3

Instructions for Completing PADEP Asbestos Notification Form 2700-FM-AQ0021

Scenario B: No ACM or Non-Regulated ACM Present

Section 8.0 SPILL MANAGEMENT

Pub. 611 8-1 Rev (2) 11/2011

8.0 SPILL MANAGEMENT

8.1 BACKGROUND This section provides guidance on properly managing wastes generated from spills or emergencies at PennDOT facilities and PennDOT right-of-ways. PADEP must be contacted in most spill incidences, whether they occur at PennDOT facilities or PennDOT right-of-ways. Cleanup of spills may generate hazardous, infectious, residual or municipal type of waste streams. The safe handling, manifesting and disposal requirements differ based on the type of cleanup waste generated. Some spills and resultant waste from the cleanup of these spills may result in hazardous conditions that should be handled only by emergency response trained personnel. PennDOT maintenance personnel are not trained in containment and cleanup of hazardous material spills, nor should attempt to manage the cleanup. In Pennsylvania, three major laws require PADEP to be notified of a spill or release of material to the environment:

PA Clean Streams Law: Regulations require that when any pollutant is discharged into surface or groundwater, including sewers, drains and ditches, the person spilling the substance or person owning the premises from which the substance is spilled must notify the PADEP immediately. Note that there is no reportable quantity limit and practically all substances are reportable. This reporting requirement includes groundwater when the groundwater may potentially be in contact with or used as a resource.

Solid Waste Act: Requires the generator or the transporter to notify the PADEP immediately if there is a spill of hazardous waste that affects surface water or groundwater, regardless of the amount. If there is no effect on water, quantities spilled in excess of a reportable quantity (5-gallons as noted below) must be reported.

PA Storage Tank Act: Requires releases from underground and aboveground storage tanks be reported to the PADEP by the owner/operator.


Pub. 611 8-2 Rev (2) 11/2011

8.1.1 SPILL RESPONSE AND REPORTING REQUIREMENTS (GENERAL) Spill Response Spill response requirements are outlined in PennDOT’s “Combined Facilities Response Plan (CFRP)”, developed for facility-specific operations at each PennDOT facility that handle hazardous substances and oils. These plans should be followed and used for spill response and reporting requirements specific to the materials present at the facility. Spill Reporting The regulatory requirement to report a release to PADEP is on the person responsible for the discharge - it is not the emergency response community. While regulations are not specific about release notifications for releases less than 5-gallon releases, it is generally accepted that reporting is required upon confirmation of the release (the interpretation of confirmation varies from visual to review of analytical data). The incident commander (reporting person) is encouraged to voluntarily report the spill and conditions in the following situations:

All spills in excess of five (5) gallons of any hazardous substance. All petroleum spills of five (5) gallons or more with potential to pollute. Incidents involving illegal/improper disposal of any material.

PADEP prefers that notifications be made to the appropriate regional office - provided in Section 2.0 of this manual. PADEP also maintains a statewide toll free telephone number to report the release (1-800-541-2050). Callers reporting spills should be prepared to provide the following information related to the spill:

Name, title, affiliation, address and telephone # of person reporting discharge;

Location of the discharge, with as much detail as PADEP requests, including:

Land discharges: name of the site, street address, municipality and county.

Discharges on, under or into water: name of water body, location of discharge with reference to fixed points, and a description of the area the discharge may reach.

Common name of the hazardous substance(s) discharged;

An estimate of the quantity of each hazardous substance discharged;

Date/time at which discharge began, discovered, and ended (if possible);

Actions person proposes to take to contain, clean up and remove the hazardous substance(s) discharged;

Name and address of any person responsible for the discharge.


Pub. 611 8-3 Rev (2) 11/2011

8.2 SPILLS AT PENNDOT MAINTENANCE FACILITIES Numerous federal and state regulations specify extensive requirements for the prevention of spills and leaks of hazardous substances at facilities. In addition, many federal state, and local agencies must be immediately notified of a hazardous substance release. Severe penalties and fines are often imposed for failure to notify. Spill response should be followed by spill reporting, if applicable. Both are detailed in PennDOT’s Combined Facilities Response Plans. Spill or Release Response: Step 1. Contain the spill and stabilize the situation by following the methods described

in the facility’s PPC Plan. All PennDOT facilities should use their facility-specific PPC plan, located on-site.

Step 2. Notify the appropriate agencies listed in the Combined Facility Response Plan

(CFRP). Notify the reporting agencies if there is a doubt of the reporting requirement. If a report is not required, you will be so advised by agency.

Spills/leaks cleanups that are beyond the capabilities of the County Maintenance personnel (First Responders) should be effectively contained and then turned over to the emergency spill response contractor. Use the existing District-Wide Contract for the inventory, collection, removal, and proper disposal of hazardous waste generated by the District, with provisions for emergency response (24-hour) for hazardous spill clean up. Contact the District Waste Management Coordinator (DWMC) or designated representative to obtain the contractor information. The cleanup of certain non-hazardous routine fuel spills in ranges up to 250 gallons may be done without the assistance of an outside agency. Chapter 9 of Publication 23, Maintenance Manual, Service Contracting, provides several suggestions for non-hazardous fuel leak kits.

Remember! The first and most important step in spill or leak response is to safely contain the spill and stabilize the situation.


Pub 611 8-4 Rev (2) 11/2011

8.3 HIGHWAY SPILLS RESULTING FROM NON-PENNDOT WASTE IN TRANSIT

Hazardous material releases on the PennDOT right-of-way (ROW) are most commonly the result of motor vehicle accidents. Hazardous substances may also be present on PennDOT right-of-ways from illegal dumping or abandonment of hazardous materials by third parties. For releases as a result of accidents, PennDOT’s involvement should be limited to the erection of barricades and detour signs in cooperation with the State Police and/or provide equipment and materials as appropriate to the scene for containing a spill in accordance with the technical advice provided by the PADEP. Wastes generated from the cleanup of spills or emergency responses or from the cleanup of abandoned materials need to be properly manifested and disposed of. These situations differ from wastes generated by PennDOT personnel during routine operations at PennDOT facilities. For one, the regulatory definition of generator, and its implied responsibilities, should be carefully considered. For releases on right-of-ways, the PennDOT unit responding to either emergencies or cleanup should not use their EPA Identification (ID) Number on manifests that accompany the disposal of these wastes. For these situations, Temporary EPA ID Numbers should be obtained and used. Temporary EPA Identification (ID) Number For emergency response scenarios (accidents, spill and releases on PennDOT right-of-ways) a one-time or temporary EPA identification number should be obtained from PADEP Division of Reporting and Fee Collection at 717-783-9258. This process allows for facilities to manage hazardous wastes for a limited period of time that were generated due to unforeseen circumstances, and thus do not count towards their generator status. Manifesting Spill Waste A Uniform Hazardous Waste Manifest must be used to transport and dispose of RCRA hazardous cleanup waste generated from spills or releases. PennDOT is not responsible to provide PADEP a copy of the manifest, unless the hazardous waste is destined to be shipped out of state. A signed generator copy of the manifest should be mailed to:

PADEP Manifest Section P.O. Box 8550 Harrisburg, PA 17105-8550


Pub 611 8-5 Rev (2) 11/2011

The same hazardous manifest can be used for nonhazardous wastes, if filled out appropriately. Otherwise, residual or municipal waste (nonhazardous) may be shipped and disposed of using Bills of Lading. PennDOT’s responsibilities for management of spill wastes differs based on the type of material spill encountered. The following section will provide guidance for specific manifesting and/or transportation of three types of waste streams: hazardous, infectious or chemotherapeutic, and residual/municipal waste streams.

8.3.1 HAZARDOUS WASTE The following guidelines apply for handling hazardous waste generated from spill cleanup scenarios: PennDOT representative must contact PADEP (Central or Regional Office) to obtain

approval for transporting and disposing of the spill cleanup material to an approved hazardous waste handling facility. See Section 2.0 for PADEP contacts.

PADEP regulations allow special provisions to managing discharge or spills of hazardous wastes during transportation, as specified in 25 Pa Code 262.30(c):

Hazardous Waste Spills (Hazardous Waste Regulations, 25 PA Code 263.30(c)):“If a discharge or spill of hazardous waste occurs during transportation, and a Departmental (PADEP) official acting within the scope of his/(her) official responsibilities determines that immediate removal of the waste is necessary to protect the health and safety of the public or the environment, that official may authorize, in writing, the removal of the waste by transporters who do not have identification numbers or licenses, and without the preparation of a manifest.”

Obtain Temporary or Provisional EPA ID Number or waiver from PADEP for this requirement.

A Uniform Hazardous Waste Manifest (UHWM) must be filled out to accompany the shipment of waste.

A special note must be made indicating the waste was generated from a spill emergency and not by PennDOT, along with citing 25 Pa Code 263.30(c). Insert the following statement in Block 14 of the hazardous waste manifest (See Attachment 8-1):

“Waste Generated from Emergency Response Activities (i.e. abandoned waste / vehicular accident) located in PENNDOT right-of-way. NOT generated by PENNDOT operations. [PA Chapter 263.30(c)]”

PennDOT Districts are not required to sign the hazardous waste manifest for these spills of hazardous material.

Use emergency response contractor for transport of hazardous waste to appropriate disposal facility.


Pub 611 8-6 Rev (2) 11/2011

8.3.2 INFECTIOUS OR CHEMOTHERAPEUTIC WASTE (ICW) The following guidelines apply for handling infectious or chemotherapeutic waste generated from spill cleanup or abandonment scenarios: PennDOT DWMC or designated representative must contact PADEP (Central or

Regional Office) to obtain approval for transporting and disposing of ICW waste to an approved residual or municipal waste handling facility. See Section 2.0 for PADEP contacts.

PADEP regulations allow special provisions to managing discharge or spills of ICW during transportation, as specified in 25 Pa Code 262.30(c): Municipal Waste Spills – Infectious and Chemotherapeutic Wastes (Municipal Waste Regulations, 25 Pa Code 284.632(c)): “If a discharge or spill from infectious or chemotherapeutic waste occurs during transportation, and if the immediate removal of the waste is necessary to protect public health and safety or the environment, the Department (PADEP) may authorize the removal of the waste to a selected receiving facility by transporters who do not have identification numbers, licenses, or manifests under this chapter.”

EPA Form 2540-FM-BWM0240, also referred to as the ICW Form, must be filled out to accompany the shipment of waste. A special note must be made in the ICW Form, Block 24, indicating the ICW waste was generated from a spill emergency and not by PennDOT, along with citing 25 Pa Code 284.632(c). Insert the following statement in Block 24 of the ICW Form (See Attachment 8-2): “Waste Generated from Emergency Response Activities (i.e. abandoned waste/ vehicular accident) located in PennDOT right-of-way. NOT generated by PennDOT operations. 25 Pa Code 284.632(c)]”

Use a licensed ICW transporter to transport the waste to an approved disposal facility.

OR

Utilize PennDOT vehicle that has an Act 90 registration sticker. (Note, unless special approval is provided by PADEP, under residual regulations, the disposal facility should only accept waste from a valid Act 90 registered vehicle (Waste Transportation Safety Program registration sticker transporter).

Provide a copy of the ICW Form to the licensed ICW transporter to ensure proper disposal.


Pub 611 8-7 Rev (2) 11/2011

8.3.3 MUNICIPAL OR RESIDUAL WASTE The management of municipal or residual wastes that are generated from accidental spills or emergencies are defined in 25 Pa Code 285.216 (municipal) and 25 Pa Code 299.218 (residual) regulations. These sections cover the reporting requirements to PADEP prior to disposal or processing of wastes; obtaining PADEP approval for storing or transporting the wastes; decontamination of waste-handling equipment, and management of decontamination waste water (residual waste citation only). PennDOT personnel handling the cleanup waste generated as a result of an accident, spill or emergency must:

Contact the appropriate PADEP Regional office to inform them of the accidental and/or emergency spill and type of waste generated.

Request from PADEP an emergency storage or transportation approval of the waste to prevent or mitigate harm to the public health, safety or environment. It is important to stress that this is a “waste from emergency.” PADEP has the authority to approve or deny this request.

Municipal and Residual Regulations allow PADEP to make the determination whether to waive standard provisions in regards to waste from accidents of spills: Municipal Waste Spills – All Other Municipal Waste Types (Municipal Waste Regulations, 25 Pa Code 285.216(b)): “The Department may immediately approve emergency storage, transportation, processing or disposal methods necessary to mitigate harm to the public health, safety, or the environment. Use with Act 90 citation (see below). Residual Waste Spills (Residual Waste Regulations, 25 Pa Code 299.218(b)): “The Department (PA DEP) may immediately approve emergency storage or transportation methods necessary to prevent or mitigate harm to the public health, safety, or the environment. Storage may be at the site of the emergency, at a permitted processing or disposal facility, or at a site approved by the Department.” Use with Act 90 citation (see below). Waste Transportation (Act 90, Section 6203(b)(3)): “The Waste Transportation Safety Program shall…prohibit a waste disposal or processing facility from accepting municipal or residual waste from a waste transportation vehicle engaged in commerce without a valid authorization sticker issued by the Department (PADEP).” While there is an exemption to this citation that reads “Motor carrier vehicles when transporting municipal or residual waste during an emergency situation as determined by the Department.” (PADEP Regional Offices make such determinations on a case by case basis; most requests for this exemption are not granted.)

If approval is granted by PADEP:

Prepare bill of lading for cleanup waste. The bill of lading should clearly state “waste from emergency.”

Transport emergency cleanup waste to appropriate disposal facility. Use Act 90 registered vehicle, unless this requirement is waived by PADEP. If waived, make sure the disposal facility is also informed of the emergency circumstances.


Pub 611 8-8 Rev (2) 11/2011

If approval or emergency waiver is not granted by PADEP: Prepare bills of lading for cleanup waste. The bill of lading should clearly

state “waste from emergency.” Contact waste haulers and spill/or response contractors who have valid

Act 90 authorization stickers.

In addition to standard records entered in written vehicle logs that are used for transport of municipal or residual wastes (See Section 6.0 for details), PennDOT should also document the employed emergency and waste handling and disposal activities, including information on responsible parties, waste haulers/transporter, and disposal facility. This information may be needed for payment collection related to cleanup costs by third parties.

Unless PADEP provides immediate approval when contacted for emergency storage, transportation, processing or disposal methods, the cleanup waste must be managed under the full municipal or residual regulatory program. Including:

Prepare complete Bills of Lading;

Utilize only transportation vehicles (PennDOT or contractor) that meet Act 90 requirements (authorization stickers, waste transportation vehicle signs present;

Signs should read:

o “Infectious/Chemotherapeutic Waste”

o “Municipal Waste”

o “Residual Waste,” or

o “Municipal/Residual Waste.”

Attachment 8-1

EPA Uniform Hazardous Waste Manifest (EPA Form 8700-22, Rev. 3/05)

For Emergency Response or Spills

Waste Generated from Emergency Response Activities (i.e. abandoned waste / vehicular accident) located in PENNDOT right-of-way. NOT generated by PENNDOT operations. [PA Chapter 263.30(c)]

Attachment 8-2

PADEP Infectious and Chemotherapeutic Waste Manifest

(Form 2540-FM-BWM020 Rev. 2/2006) For Emergency Response or Spills

2540-FM-BWM0240 Rev. 2/2006 COMMONWEALTH OF PENNSYLVANIA

DEPARTMENT OF ENVIRONMENTAL PROTECTION BUREAU OF WASTE MANAGEMENT

P.O. BOX 8550 HARRISBURG, PA 17105-8550

FOR SHIPMENTS OF INFECTIOUS AND CHEMOTHERAPEUTIC WASTE

INFECTIOUS AND CHEMOTHERAPEUTIC WASTE MANIFEST 1. Generator’s Name and Mailing Address

2. Generator’s Phone Number ( ) - 3. Page 1 of

4. Transporter 1 Company Name

5. US EPA ID Number

6. State Trans. ID

PA-HC:

7. Transporter’s Phone ( ) -

8. Transporter 2 Company Name

9. US EPA ID Number

10. State Trans. ID

PA-HC:

11. Transporter’s Phone ( ) -

12. Designated Facility Name and Site Address:

13. State Permit or US EPA ID Number

14. Facility’s Phone ( ) - 15. Alternate Facility Name and Site Address or Transporter 3

Company Name:

16. State Permit or US EPA ID Number

18. Phone ( ) -

17. State Trans. ID

PA-HC:

19. US DOT Description (Including Proper Shipping Name, Hazard Class/Division, ID Number)

20. Containers 21.

Total Quantity

22. Unit

Wt/Vol

23.

Waste No. No. Type a.

b.

c.

d.

24. Special Handling Instructions and Additional Information

25. Generator’s Certification: Under penalty of criminal or civil sanctions for the making or submission of false statements, misrepresentations, or omissions, I declare, that the contents of this consignment are fully and accurately described above and are classified, packaged, marked, and labeled in accordance with all applicable State and Federal laws and regulations, and that I have been authorized to make such declarations. Printed/Typed Name

Signature Month Day

26. TRANSPORTER 1 ACKNOWLEDGMENT OF RECEIPT OF MATERIALS

Waste Generated from Emergency Response Activities (i.e. abandoned waste / vehicular accident) located in PENNDOT right-of-way. NOT generated by PENNDOT operations. [PA Chapter 284.632(c)]

Printed/Typed Name

Signature Month Day

27. TRANSPORTER 2 ACKNOWLEDGMENT OF RECEIPT OF MATERIALS Printed/Typed Name

Signature Month Day

26. TRANSPORTER 3 ACKNOWLEDGMENT OF RECEIPT OF MATERIALS Printed/Typed Name

Signature Month Day

29. Discrepancy Indication Space

30. Facility Owner or Operator: Certification of receipt of materials covered by this manifest except as noted in item 29. Printed/Typed Name

Signature Month Day

INSTRUCTIONS FOR COMPLETNG FORM 2500-FM-BWM0240

Item 1. Generator’s Name and Mailing Address - Enter the complete name of the generator and the complete mailing address. The address should be the location that will manage the returned Manifest forms.

Item 2. Generator’s Phone Number - Enter the area code and telephone number where an authorized agent of the Generator may be contacted.

Item 3. Page 1 of ___ - Enter the total number of pages used to complete this Manifest including the first page plus the number of Continuation Sheets, if any.

Item 4. Transporter 1 Company Name - Enter the company name of the first transporter who will transport the waste.

Item 5. US EPA ID Number - Enter the twelve digit US EPA Identification Number of the transporter identified in item 4.

Item 6. State Trans. ID - Enter the Infectious and Chemotherapeutic Waste Transporter License No. issued by PA DEP.

Item 7. Transporter’s Phone - Enter the area code and telephone number where an authorized agent of the transporter may be contacted.

Item 8. Transporter 2 Company Name - if applicable, see Item 4.

Item 9. US EPA ID Number - If applicable, see item 5.

Item 10. State Trans. ID - If applicable, see Item 7.

Item 11. Transporter’s Phone - If applicable, see Item 7.

Item 12. Designated Facility Name and Site Address - Enter the complete company name and complete site address of the facility designated to receive the waste listed on the Manifest. The address must be the site address, which may be different from the mailing address.

Item 13. State Permit or US EPA ID Number - Enter the State Permit Number that has been assigned to the facility by the Department or the US EPA ID Number of the site.

Item 14. Facility’s Phone - Enter the area code and the phone number where an authorized agent of the Designated Facility may be contacted.

Items 15-18. Alternate Facility or Transporter 3 - If designating an Alternate Facility see Items 12-14. If designating Transporter 3 see Items 4-7. (Note: If designating an Alternate Facility and Transporter 3, enter the Alternate Facility information in Items 15, 16 and 18 and Transporter 3 information in Item 24.)

Item 19. US DOT Description - Enter the Proper Shipping Name, hazard class or division and Identification Number if the Waste is an Infectious Substance as defined in §173.134 of 49 CFR of the regulations of the U.S. Department of Transportation. Otherwise, enter a description of the waste.

Item 20. Containers (No. and Type) - Enter the number of containers for each waste and the appropriate abbreviation from Table 1 (below) for the type of container.

TABLE I – TYPE OF CONTAINERS

DM = Metal drums, barrels, kegs BA = Burlap, cloth paper or plastic bags DW = Wooden drums, barrels, kegs DT = Dump Truck DF = Fiberboard or plastic drums CY = Cylinders TP = Tanks portable CM = Metal boxes, barrels, kegs Cartons, cases, (including roll offs) CW = Wooden boxes, carton, cases CF = Fiber or plastic boxes, cartons, cases

Item 21. Total Quantity – Enter the total quantity of each waste entered (Do not use decimals or fractions).

Item 22. Unit (Wt/Vol) – Enter the appropriate abbreviation from Table II (below) for the unit of measure.

TABLE II – UNITS OF MEASURE

G = Gallons (liquids only) L = Liters (liquids only) P = Pounds K = Kilograms T = Tons (2000 lbs) M = Metric tons (1000 kg) Y = Cubic yards N = Cubic meters

Item 23. Waste No. – Enter the Infectious and Chemotherapeutic Waste No. of the waste or wastes. Refer to Table III (below). If the waste is not regulated in PA but regulated in another State, enter the State’s waste code. Also, enter in Item 24 “This waste is not a PA Infectious or Chemotherapeutic Waste”.

TABLE III – WASTE NUMBERS

A100 - INFECTIOUS

A200 - PROCESSED INFECTIOUS-RECOGNIZABLE

A300 – CHEMOTHERAPEUTIC

Item 24. Special Handling Instructions and Additional Information – Use this space to indicate special transportation, treatment, storage, or disposal information or Bill of Lading information. For international shipments, enter the point of departure (City and State). Transporter 3 information is also entered in this Item if an Alternate Facility is designated.

Item 25. Generator’s Certification – Read and sign by hand the certification statement. Enter the date (MM/DD/YY) the waste was shipped.

Item 26. Transporter 1 Acknowledgement of Receipt of Materials – Print or type the name of the person accepting the waste on behalf of the transporter. Sign and enter the date of receipt (MM/DD/YY).

Item 27. Transporter 2 Acknowledgement of Receipt – If applicable see Item 26.

Item 28. Transporter 3 Acknowledgement of Receipt – If applicable see Item 26.

Item 29. Discrepancy Indication Space – The Designated Facility’s authorized representative must note in this space any significant discrepancy between the waste on the Manifest and the waste actually received.

Item 30. Facility Owner or Operator Certification of receipt or infectious or chemotherapeutic waste covered by this Manifest except as noted in Item 29 – Print or type the name of the person accepting the waste on behalf of the owner or operator of the facility. Sign and enter the date of receipt (MM/DD/YY).

NOTE: If the Alternate Facility receives the waste shipment and signs in Item 30, it should be noted in Item 29 that the signature is that of the Alternate Facility.

Section 9.0 BENEFICIAL USE OF RECLAIMED ASPHALT PAVEMENT

Pub. 611 9-1 Rev (2) 11/2011

9.0 BENEFICIAL USE OF RECLAIMED ASPHALT PAVEMENT (RAP)

9.1 BACKGROUND PADEP has issued its Industry-wide Co-product determination for the use of Reclaimed Asphalt Pavement (RAP) as an Industry-wide Co-Product. The co-product determination covers both:

RAP; and Mixtures of RAP and clean fill from the milling of the edge of roadway

during shoulder widening work. Under this co-product determination, RAP is subject to residual waste management regulations. In addition to managing RAP under the Industry-wide Co-Product Determination, PennDOT still has the option to manage RAP under the Statewide General Permit (General Permit WMGR090) as a beneficial use material, if the RAP does not meet the Industry-wide Co-product requirements (effective until April 20, 2013).

9.2 RAP INDUSTRY-WIDE CO-PRODUCT DETERMINATION

9.2.1 DEFINITION OF RAP To meet PADEP’s Co-Product Determination, RAP (millings) must meet the following definition:

Material, typically less than one inch in size, consisting of asphalt pavement and inorganic (soil and rock) materials produced by the mechanical grinding of bituminous pavement surfaces that have not been impacted from spills or mixed with other solid waste.

PADEP does not consider RAP to be the equivalent of used asphalt, typically in the form of chunks/slabs, and which is considered clean fill if unaffected by a spill or release of a regulated substance. Therefore, RAP may not be managed as clean fill under PADEP’s Management of Fill Policy. By regulatory definition, RAP material is classified as construction and demolition waste (managed under 25 Pa Code 277 – Municipal Waste Regulation). However, under this co-product determination, RAP is subject to residual waste management regulations under 25 PA Code 287.9.


Pub. 611 9-2 Rev (2) 11/2011

9.2.2 RAP REGULATORY REQUIREMENTS PennDOT is required to use and manage RAP in accordance with the following Acts, Rules and Regulations:

Solid Waste Management Act, 35 P.S. §6018.101-6018.1003;

The Air Pollution Control Act, 35 P.S. §§691.1-691.1001); The Residual Waste Regulations (25 Pa. Code, Article IX, Chapters 287-299);

and

Any other applicable environmental laws and regulations.

9.2.3 RAP CONDITIONS OF USE According to the Co-Product Determination, the following uses of RAP are approved:

As an aggregate, a sub-grade or a sub-base material for roadway construction, when used alone or blended with other materials in a manner that complies with PennDOT Specifications, as outlined in Publication 408 for roadway construction directly beneath, and contained by a road surface paved with Portland cement concrete or bituminous pavement;

As a construction material for compacted roadway shoulder applications, including compacted shoulder pothole patching material in roadway or driveway apron applications as long as the material is covered with a thin bituminous coating (sealer) prior to the end of the construction season that placement occurred. This bituminous coating must comply with PennDOT Specifications as outlined in Publication 408;

As a construction material for compacted shoulder backup applications (the compacted area adjacent to the shoulder);

As a construction material to construct or repave needed roadway or vehicle use areas such as parking lots or driveways if such application is performed when the RAP contains enough asphalt or additional binder to keep the material in place after compaction by mechanized rolling;

As a hot or cold mix product meeting applicable industry hot or cold mix product specifications.

Additionally, RAP must be managed in the following manner for its transportation, placement and storage activities:

RAP must not create a nuisance or be harmful or present a threat of harm to the public health, safety or the environment.

RAP must be managed in a manner that prevents wind and water dispersal.


Pub. 611 9-3 Rev (2) 11/2011

RAP must not be stored for longer than two construction seasons prior to use. (Note: It is recommended that PennDOT maintain records to track the quantity and length of storage of RAP at a stockpile to be able to demonstrate in case of an inspection these requirements have been met. Storage longer than two construction seasons requires written approval to be obtained from the PADEP Regional Office.)

For RAP, or a mixture of RAP and clean fill from the milling or the edge of roadway shoulders, PennDOT must comply with the requirements of PennDOT Strike-off Letter 462-06-03, using Form M-666 (Authorization to Enter and Deposit Material), as provided in Attachment 9-1.

Key changes in regards to using Form M-666 under the co-product determination include:

RAP shall not be given to a municipality or private owner, nor is it allowed to be disposed of on property owned by a municipality or a private citizen. [Note: this is not applicable to mixtures of RAP and clean fill.]

M-666 Forms are no longer signed, rather stamped to indicate it has been received.

Due diligence requirements as outlined in Pub 281: The Transportation, Project Development Process, Waste Site Evaluation Procedures Handbook must be implemented (regarding potential impact from a spill or release of regulated substances on pavement or roadway prior to milling).

Attachment 9-1

SOL 462-06-03 UPDATED FORM M-666 (AUTHORIZATION TO ENTER

AND DEPOSIT MATERIAL)

Appendix A

FACT SHEETS

Waste Classification:

Hazardous, if used to collect a hazardous materials spill Municipal, unless tested as hazardous

Waste Description: Absorbent materials are used to soak up small spills or leaks on shop floors. Absorbent material used to clean up oily spills can be disposed with municipal waste (trash), as long it does not contain free product. Absorbent material may become hazardous, if it is used to clean up hazardous materials, and would need to be collected separately and disposed as a hazardous waste. There is one exception to this rule: if the absorbent material was used to collect hazardous material that is classified as hazardous only because it is ignitable, provided that the mixture of absorbent material and hazardous material is no longer ignitable. This exemption does not apply to spilled materials that are hazardous listed, toxic, corrosive or reactive wastes.

Waste Handling Method: 1. Make a determination if the used absorbent is hazardous or not, and managed

according to hazardous or non-hazardous determination.

2. If determined to be hazardous (likely if absorbent was used to clean up hazardous material/waste spill), manage as hazardous waste.

3. If material is non-hazardous (oily spills), store in leak proof container. Make sure no free liquid is present. Dispose as a municipal waste.

Waste Minimization Options: 1. Prevent spills by using good management practices such as using drip pans, and

minimize trips and distance during material transfers in shops. Use of a wet/dry vacuum is possible to clean up liquids.

2. Use shop rags that can be recycled instead of absorbent material.

3. Reduce the volume of absorbent material that needs to be managed as hazardous waste by segregating hazardous and non-hazardous waste.

ABSORBENT (USED) #1


Hazardous Residual, unless exhibits hazardous waste characteristics

Waste Description: Antifreeze contains potentially hazardous chemicals such as ethylene glycol, propylene glycol, corrosion inhibitors, and other additives. Most antifreeze formulations need to be evaluated for the presence of hazardous waste characteristics prior to disposal. Occasionally, it may show a toxicity characteristic due to elevated lead, cadmium, or chromium levels.

Used antifreeze that tests hazardous must be managed as a hazardous waste, if not recycled. As a hazardous waste it must count towards your generator status. If used antifreeze is recycled by the facility using an on-site recycling system, the filter residue must be occasionally disposed of. This residue could potentially show hazardous characteristics due to metal content, even if the used antifreeze is not hazardous. As such, the residue must be tested prior to disposal.

Because antifreeze is required for normal vehicle maintenance operations, opportunities to reduce the quantities are limited. Recycling used antifreeze is required by PennDOT.

Waste Handling Method: 1. Store used antifreeze in DOT approved container. Keep containers closed when not in

use. Label container with the words, “Used Antifreeze.” Do not discharge used antifreeze to the sanitary system.

2. Recycle used antifreeze. If the recycler also supplies recycled antifreeze for use, the facility is exempt from hazardous waste testing and management regulations.

3. Keep records of disposal, including amounts and recycler information.

Waste Minimization Options: 1. Purchase recycled antifreeze. Recycled antifreeze reduces the amount of fresh

antifreeze consumed. Use the same base antifreeze (e.g., ethylene glycol or propylene glycol) for all uses.

2. Eliminate contamination by segregating solvents, used oil, and other potentially hazardous waste streams with the used antifreeze.

3. Replace antifreeze from gasoline engine cooling systems based on pH test. If the pH of the coolant exceeds the acceptable range (8.0-10.5), purge system. For diesel engines, purge antifreeze if the coolant fails the pH test, or the system contains dissolved solids at concentrations greater than 19 ppm.

ANTIFREEZE (USED) #2


Hazardous Residual, Special Handling Waste

Waste Description: Construction demolition and restoration activities, including bridge demolition and renovation projects can generate asbestos-containing wastes. Bridge demolition asbestos-containing materials are subject to National Emission Standards for Hazardous Air Pollutants (NESHAP). PennDOT construction projects which involve demolition of residential homes may also be subject to NESHAP regulations. See Section 7.0 of this guidance for inspection, notification, and abatement requirements.

Waste Handling Method: 1. Determine which inspection, notification and/or abatement requirements apply to the

project.

2. The removal, storage and disposal of asbestos-containing materials should be performed only by trained and licensed professionals.

3. Dispose asbestos-containing materials only at approved landfills. Keep disposal records according to PennDOT’s Records Management Policy.

Waste Minimization Options: 1. Keep asbestos-containing wastes separated from other municipal or hazardous waste

streams.

ASBESTOS-CONTAINING WASTE #3

Waste Classification: Hazardous, generator knowledge Residual

Waste Description: Substances that are typically used to remove asphalt from tools or vehicles (drag boxes or tar buggies) include kerosene, diesel fuel, gasoline or solvents. Typical waste includes asphalt & diesel mixtures and liquid asphalt tack coat. Asphalt emulsions are generally flammable and when disposed would be classified as (D001) RCRA hazardous waste.

Waste Handling Method: 1. Collect all residues and liquids generated from cleaning operations. Store waste in

drums or tanks. Keep containers closed when not in use. Label container with the words, “Hazardous Waste.” Do not discharge waste to the sanitary or stormwater system.

2. Dispose as a hazardous waste, using hazardous waste manifest. Keep disposal records according to PennDOT’s Records Management Policy.

Waste Minimization Options: 1. To reduce the amount of waste kerosene or solvents, reuse the cleaning solution for

other vehicles, if possible.

2. Use emulsified asphalt in cool weather conditions to decrease equipment cleaning intervals.

3. Recycle emulsions back into new asphalt production.

4. Substitute cleaning products with non-hazardous substitution products.

ASPHALT CLEANING WASTE #4

Waste Classification: Hazardous – Universal Waste Residual

Waste Description: The following types of batteries are considered universal waste, when discarded: lead-acid batteries, nickel-cadmium batteries, nickel metal hydride, mercuric oxide, silver oxide, and lithium batteries. These types of batteries are exempt from hazardous waste regulations provided they are recycled. If not recycled, they must be managed as hazardous waste.

Small appliance batteries such as: alkaline, carbon zinc, zinc air batteries are considered non-hazardous, non-recyclable and can be disposed as a municipal waste (trash).

Waste Handling Method: 1. Store used batteries within a leak free container or on an impervious surface (no floor

drain) with emergency containment. The storage area should be enclosed, protected from the intrusion of water. Separate from non-compatible materials and waste. Inspect regularly for cracks and leaks.

2. Mark designated battery storage area with: “Universal Waste-Battery(ies),” “Waste Battery(ies),” or “Used Battery(ies).” signs. Mark start accumulation date. Universal waste must be removed from facility within one year from start of accumulation. Keep records of final disposition of batteries (bills of lading or hazardous waste manifests – when shipped in conjunction with other hazardous waste).

3. Place cracked or leaking batteries in an acid-resistant, leak-proof, closed container. A five-gallon plastic pail/bucket is adequate. This is a hazardous waste, unless your recycling vendor accepts it.

4. Keep recycling/disposal records according to PennDOT’s Records Management Policy.

Waste Minimization Options: 1. Recycle all lead-acid batteries (and other universal waste batteries). Use battery supply

service agreements that require vendors to pick-up used and recycle batteries.

2. Use rechargeable batteries for all suitable applications, such as nickel-cadmium batteries. If not suitable for application, use long-lasting batteries to minimize battery consumption.

BATTERIES (USED) #5

Waste Classification: Hazardous Residual

Waste Description: Drums originally containing hazardous materials such as solvent-based paints or thinners must be properly emptied to avoid the waste container and any remaining product from being classified as a hazardous waste. A drum is defined as “empty” when it contains less than 1 inch (or less than 3 percent by weight) of material left, or when all pourable product has been removed, whichever is less.

Waste Handling Method: 1. Empty drums as much as possible by pouring, pumping, and scraping in order to

remove as much of the remaining material, as possible.

2. Dried paint or paint sludge is not likely to be hazardous waste unless it is lead or chromium-based paint. Use MSDSs on the product to make determination, or alternatively have it tested for characterization. If hazardous, it must be managed in full accordance with hazardous waste regulations.

3. Do not dispose any empty drums in the trash with free liquids.

Waste Minimization Options: 1. Contract with vendors that recycle drums.

2. Empty drums may, as a last resort, be disposed in the municipal dumpster by crushing or shredding.

EMPTY PAINT DRUM #6

Waste Classification: Hazardous (Potentially) Residual

Waste Description: When a product is considered excess or outdated and the intent is to discard the product, use the Material Safety Data Sheets (MSDS’s) to determine if it contains hazardous substances that would classify the ‘discarded’ product as a hazardous waste. Material Safety Data Sheets can be accessed through PennDOT’s intranet site. PADEP specifically lists certain commercial chemical products, when discarded to be classified as hazardous waste. However, if the product is recycled, it will not be considered a waste and will not be regulated as per the hazardous waste regulations.

Waste Handling Method: 1. If a chemical is disposed of as a waste, check the MSDS for instructions. If labels have

remained on the product and it is unopened, disposal can usually be done without testing. If the product has been opened or product identification has been lost, then the chemical would be considered an unknown and have to be tested.

2. Seal product container to minimize potential for spills or releases. If hazardous, label appropriately and store in hazardous waste storage area.

Waste Minimization Options: 1. Maintain an accurate inventory of chemicals stored at each location. Indicate the

chemicals expiration date and use the oldest chemicals first. Don’t over order.

2. Vendors may accept unopened containers as returns, use this preferred method of disposal. Additionally, vendors may know other alternative recycling/disposal for their products is they do not accept chemicals in return.

3. Don’t accept excess chemicals from other sources if they cannot be used in a reasonable time period. Remember, once you have the product you will have to be responsible for its proper use or disposal.

EXCESS OR OUTDATED CHEMICALS #7


Hazardous – Universal Waste Residual

Waste Description: PADEP regulates a wide array of used lamps under the universal waste program. Types of used lamps covered by this program include: used fluorescent lamps, high-intensity discharge (HID) lamps, neon, mercury vapor, high pressure sodium, and metal halide lamps. If not recycled, used lamps must be managed as hazardous waste.

Waste Handling Method: 1. Store used lamps in the original box or a box of similar size. To prevent breakage, box

spacers may be needed. Track start accumulation dates.

2. Keep box/container in a designated storage location.

3. If lamps break, store the broken glass and end caps in a sealed container (5 gallon plastic pail). Place a hazardous waste label on the sealed container. In addition, write "broken lamps" on the container.

4. Label used lamps storage containers with one of the following phrases: “Universal Waste - Lamp(s)”, “Waste Lamp(s)”, “Used Lamp(s).”

5. Dispose of used lamps using a licensed recycler.

6. Lamps must be removed (recycled) within a year. Keep records of disposal according to PennDOT’s Records Management Policy.

Waste Minimization Options: 1. Recover and recycle spent fluorescent lamps.

2. Purchase and use fluorescent lamps in lieu of incandescent light bulbs, when possible.

3. Use fluorescent bulbs in enclosed heated spaces, most are not designed to operate outdoors or in cold indoor temperatures.

LAMPS (USED) #8

Waste Classification: Hazardous – Universal Waste Residual

Waste Description: The following types of equipment are considered universal waste, when discarded: thermostats, switches, thermometers, relays, manometers, barometers, thermocouples, and gauges. All these types of waste are exempt from hazardous waste regulations, provided they are recycled. If not recycled, they must be managed as hazardous waste.

Waste Handling Method: 1. Store used waste mercury-containing equipment (items) in a closed, structurally sound

container compatible with the contents of the equipment.

2. Label used waste mercury-containing equipment containers with anyone of the following phrases: “Universal Waste – Mercury Containing Devices(s),” “Waste Mercury-Containing Device(s)”, or “Used Mercury-Containing Device(s).” Universal waste must be removed from facility within one year from start of accumulation.

3. If a spill of mercury occurs, ventilate the space and lower room temperature, if possible. Contain spill, if possible. Only 40-Hour HAZWOPER and Spill Response trained personnel should attempt cleanup. If mercury-containing items break, store the broken pieces in a sealed container. Place a hazardous waste label on the sealed container. In addition, label the container with a clear description of the waste, “Broken Thermostats”, for example.

4. Keep recycling/disposal records according to PennDOT’s Records Management Policy.

Waste Minimization Options: 1. Recycle all mercury-containing devices/equipment.

MERCURY-CONTAINING EQUIPMENT #9


Hazardous Residual

Waste Description: Oil filters are removed from vehicles during normal vehicle maintenance activities. Used oil filters may contain residual used oil. There are two types of oil filters, terne-plated and nonterne-plated. Terne-plated oil filters exhibit the toxicity characteristic for lead. PADEP requires that used terne-plated oil filters be managed as hazardous waste. Used non-terne plated oil filters are subject to residual waste regulations if properly drained and recycled.

Used fuel (gas) filters are potentially hazardous waste due to the presence of high levels of lead and/or benzene. Fuel filters should be drained. Waste determination of the gas filters can be done by contacting the manufacturer to inquire about the waste classification, or by testing of filters. If determined to be hazardous, they must be managed as a hazardous waste. If gas filters are determined to be non-hazardous, the facility may recycle them with the oil filters, after notifying the recycler; or alternatively recycle them with scrap metal.

Waste Handling Method: 1. Immediately after the oil filter is removed from the vehicle, puncture the dome end and

hot-drain (at near-engine temperatures) for a minimum of 12 hours. Note: oil filters that drip oil are not considered properly drained. After draining, the oil filter can be properly containerized. Do not dismantle (cut and gut).

2. Store used oil filters in leak proof containers, or placed inside a plastic liner within a drum. Do not label as a hazardous waste. Containers must be clean of other contaminates. Label container as "Used Oil Filters," or “Used Non-terne Filters.” All other labeling must be removed or covered.

3. Consolidation of used oil filters from the maintenance facilities to a centralized location is allowable (County Maintenance Facility to District Facility).

4. Recycle filters as scrap metal. Note: Many used oil filter recycling contractors will only take used oil filters contained in drums supplied by the contractor. This may involve a drum deposit.

5. Keep records of disposal according to PennDOT’s Records Management Policy.

Waste Minimization Options: 1. Purchase only non-term plated filters.

2. Recycle used oil filters.

OIL FILTERS (USED) #10

Waste Classification: Hazardous Residual, unless tested hazardous

Waste Description: Oil/water separators in vehicle maintenance facilities generate two waste streams: oil, and sludge or sediment. These three wastes all have different disposal requirements. Oil that floats to the top of the holding unit can be pumped out recycled as waste oil. Sludge or sediment settles to the bottom of the separator’s holding tank or sediment traps and should be periodically cleaned.

The sediment should be tested to determine the waste characteristics, due to capture of grease, solvents and dirt. Vendors that conduct cleaning of oil/water separators and sediment traps typically test the material. If hazardous, then the waste must be disposed as hazardous waste and count towards the facility’s hazardous waste generator status. It is advantageous to minimize contaminants from spills and releases from entering these devices through routine good housekeeping practices.

Waste Handling Method: 1. Minimize sediment, solvent, gasoline and oil dripping from entering oil/water

separators by using good housekeeping practices (drip pans, sweeping vs. wet floor wash).

2. Pump units and clean sediments. Test for hazardous waste characteristics always to document waste characterization.

3. The pumping contractor is responsible for returning all test results and disposal manifest to PennDOT. Never dispose of sediment on PennDOT property as clean fill.

4. Keep records of disposal according to PennDOT’s Records Management Policy.

Waste Minimization Options: 1. Capture used (waste) oil from oil/water separator. This oil can either be burned in an

oil furnace during the winter or recycled.

2. Minimize gasoline and other products from entering oil/water separators and contaminating sediments with hazardous characteristics.

OIL WATER SEPARATORS / SEDIMENT TRAP #11

Waste Classification: Hazardous, for bridge blasting waste (if lead-based paint is removed). Residual, for vehicle blasting waste

Waste Description: Abrasives are used to remove paint from objects before they receive a new coat of paint. Spent abrasives are generated at PennDOT primarily from truck and bridge painting operations.

For bridge blasting operations, recyclable steel shot blast abrasive is typically used. When lead-based paint is removed from bridges it must be managed as a hazardous waste, per Department policy, regardless of TCLP results. This is because it has been determined that lead-based paint chips contain remnants of the steel blast and these remnants interfere in TCLP tests that are used to determine if the waste (paint chips) are characteristically hazardous or not (TCLP test results come back non-hazardous, when in fact waste may be hazardous).

Again, lead-based paint waste (chips) removed with steel blast must be manifested as hazardous waste. Manifest this waste by following PennDOT’s Standard Special Provision (SSP) 9073 for disposal of lead-based paint chips. Use the Uniform Hazardous Waste Manifest in which you describe the waste (removed with steel shot) as in Section 9b of the manifest: “NA3077, Hazardous Waste, Solid, n.o.s. (D008), 9 PGIII”. If more than 10 pounds of lead paint chips is shipped in a single container, insert the letters “RQ” before the U.S. DOT description e.g. “RQ, NA3077, Hazardous Waste, Solid, n.o.s. (D008), 9, PGIII”. For disposal of this waste, obtain a Temporary EPA ID number from PADEP by calling 717-783-9258. For non-lead paint removal operations, the wastes (paint chips) are classified as residual waste. Waste sandblast material generated from vehicle paint blasting is a residual waste. However, waste collected from air pollution control devices can test hazardous for chromium (D007) and lead (D008). Waste Handling Method: 1. Dispose spent abrasive waste (paint chips) from lead-based paint bridge removal projects as

hazardous waste. Dispose paint chips from non-lead based paint bridge removal operations as residual waste.

2. Segregate different spent abrasive waste stream to minimize cross-contamination.

3. Retain recycling/disposal records according to PennDOT’s Records Management Policy.

Waste Minimization Options: 1. PennDOT specifications require all bridge blasting operations to use recyclable steel shot

abrasive for surface preparation on bridges. The use of recyclable steel shot significantly reduces the quantity of waste generated from blasting operations.

2. Segregate spent abrasive waste to avoid contaminating non-hazardous from hazardous waste stream.

PAINT CHIPS #12


Hazardous, if based on testing or generator knowledge Residual, if based on testing or generator knowledge

Waste Description: Typical paint related wastes generated during routine PennDOT operations include: paint waste (solvent and water-based), paint solvents and thinners, air filters, paint truck wastes, degreasers, spent abrasives and empty paint containers.

Paint residuals and paint solvents may exhibit the hazardous characteristic of ignitability, or contain metals such as lead, cadmium, or chromium. Water-based paints and residues may also be hazardous due to paint pigments that contain lead or chromium. Always consult MSDSs on products to make a waste determination.

Waste Handling Method: 1. Replace solvent-based paints with water-based paints, where possible. Check MSDSs

for potential contaminants (metals).

2. Dried paint or paint sludge is not likely to be hazardous waste unless it is lead or chromium-based paint. Use MSDSs on the product to make determination, or alternatively have it tested for characterization. If hazardous, it must be managed in full accordance with hazardous waste regulations.

3. Paint filters need to be managed as hazardous waste, unless testing determines otherwise. Typical hazardous constituents of concern are lead and chromium.

Waste Minimization Options: 1. Carefully manage the amount of solvents used to reduce the amount of waste

generated.

2. Minimize waste generated by using all materials purchased.

3. Minimize hazardous paint waste generation by not mixing this waste stream with non-hazardous paint wastes.

PAINT RESIDUALS AND PAINT SOLVENTS #13


Hazardous, based on testing or generator knowledge Residual, based on testing or generator knowledge

Waste Description: PennDOT uses a variety of compounds for parts cleaning and degreasing, ranging from “innocuous” compounds such as citric acid to “toxic” organic solvents containing chlorine and other halogens. Spent degreasers or parts cleaners may also contain contaminants introduces from the parts cleaning process. Parts cleaner solvents may also use petroleum distillates, mineral spirits, naphtha, all considered hazardous waste when spent due to ignitability. Waste solvents that contain chlorinated hydrocarbons are regulated as hazardous waste. In general, spent solvents that exhibit the characteristic of toxicity or ignitability must be disposed as hazardous waste, or alternatively recycled through a vendor.

Waste Handling Method: 1. Review Material Data Safety Sheets on all degreaser and parts cleaning products.

2. Keep parts washer closed and non-circulating while not in use. Do not locate units near sources of ignition.

3. Segregate different spent abrasive waste stream to minimize cross-contamination. Store spent solvents in appropriate containers for disposal/recycling. If spent solvent is a hazardous waste, manage containers in accordance to hazardous waste requirements (labeling, storage, and shipping).

4. Retain manifests, bills of lading or vendor pickup documentation per PennDOT Record Management Policy.

Waste Minimization Options: 1. Select for use non-hazardous degreasers, if possible. Replace chlorinated based

solvents with less toxic substances. If a substitution of non-hazardous parts cleaners and degreasers is not practical, these waste solvents should be segregated and recycled.

2. Consider installing a filtration system in the solvent tanks to increase the life of the solvent. Filter media/sludge needs to be tested to determine if hazardous, prior to disposal.

3. Recycle spent solvent, or contract vendor for reclamation. If the recycler takes the facility’s spent solvent and returns recycled solvent back, in such cases the spent solvent is exempt from hazardous waste testing and management requirements.

4. Modify cleaning procedures. Determine “clean” requirements and don’t over clean parts. Set cleaning level guidelines for various parts and train personnel.

PARTS CLEANERS AND DEGREASERS (SOLVENTS) #14


Hazardous – Universal Waste Residual

Waste Description: Pesticides and herbicides are used for facility and road maintenance operations. Unused pesticide/herbicide products would typically be considered hazardous waste, because most products contain hazardous substances. When a pesticide is discarded or recalled, it becomes a universal waste and must be managed as such per PADEP regulations. Pesticide/herbicide empty containers also need to be properly managed prior to disposal.

The Pennsylvania Department of Agriculture (PDA) manages a pesticide collection program, called PDA Chemsweep Program, designated to provide free disposal to old, unusable or unwanted pesticide products.

Waste Handling Method: 1. Store pesticides/herbicides in accordance with Department of Agriculture

requirements. See Pub. 23, Section 13.4 for further guidelines.

2. Only PennDOT personnel with a Herbicide/Pesticide Applicator’s license, Certified Technician or personnel supervised by a Certified Applicator with direct verbal and visual communication, may apply, use and handle herbicides and pesticides.

3. Store excess or waste pesticides in accordance with the Department of Agriculture requirements: in original closed container or overpack that is labeled appropriately.

4. Empty containers shall be triple rinsed. Collect and reuse rinse water. Do not release rinse water to stormwater or sanitary system or to ditch, stream or any other surface water. Once rinsed, the containers are considered non-hazardous and may be disposed as a municipal/residual waste, or be sent for recycling.

5. Label waste or discarded pesticides clearly with on the following phrases: “Universal Waste-Pesticide(s),”, or “Waste-Pesticide(s).” Dispose of waste within one year.

Waste Minimization Options: 1. Prevent excess herbicide from becoming a waste by not mixing more than can be used.

Know your application areas and rates!

2. Contact the Pennsylvania Department of Agriculture (PDA) for drop of locations to excess or outdated products. The PDA also provides a free plastic pesticide container recycling program. Only clean rinsed #2 HDPE containers including drums up to 55 gallons are eligible for this program.

PESTICIDES/HERBICIDES DISCARDED PRODUCTS #15


Hazardous Residual, unless tested as hazardous

Waste Description: Rags used for vehicle maintenance, cleanup of spills and drips may be contaminated with solvents, oils and other substances that deem them hazardous (ignitable) or residual waste (oily rags). PennDOT’s policy is to recycle all shop rags through an approved laundry or vendor service. Recycled shops rags contaminated with oily waste or other substances and exempt both from residual and hazardous waste regulations for disposal, if recycled. Custodial dust rags are considered non-hazardous.

Waste Handling Method: 1. Separate oily rags from other used rags that may be potentially ignitable (contaminated

with solvents, etc.).

2. Air-dry before storing in designated containers. Used shop rags should not be “wet” or contain free liquids when stored.

3. Do not dispose of in municipal trash.

Waste Minimization Options: 1. Purchase reusable shop rags. Locate an industrial laundry service that will provide a

closed-look service, picking up dirty rags for cleaning and providing clean rags for reuse.

SHOP RAGS #16

Waste Classification: Hazardous Residual

Waste Description: Used tires are either generated from vehicle maintenance repairs and occasionally from clean-up activities. PADEP requires used tires to be recycled. PennDOT is contracted with vendors to pick up used tires. Minimize storage of waste tires at PennDOT facilities, absolute maximum limit of 500 tires in open storage or 1,500 in enclosed storage cannot be exceed without PADEP approvals.

Waste Handling Method: 1. Recycled used tires. Contract vendors that will pickup used tires for recycling, or

replacement.

2. Store used tires under cover or indoors. Accumulating excess waste tires represents a financial liability and potentially increases the risk of a fire hazard and breeding grounds for mosquitoes.

3. Retain records of used tire pickups to demonstrate they have not accumulated more than one year onsite, or more than 500 tires in total count, at any time.

Waste Minimization Options: 1. Perform routine maintenance on tires. Ensure that tires are properly inflated at all

times. Tire pressure should be checked frequently.

2. Replace only tires that are worn or damaged, rather than replacing all vehicle tires at once.

3. Purchase re-treaded tires for fleet vehicles, if possible.

TIRES (USED) #17


Hazardous Residual, unless tested as hazardous

Waste Description: Activities that contribute to used oil generation include cleaning engines and parts, replacing engine and transmission fluids, and repairing and maintaining equipment. Used oil wastes are classified as residual waste in Pennsylvania, unless characterized as hazardous. All used oil should be recycled, according to PennDOT policy. If the generator has any reasons to believe the used oil may exhibit a hazardous characteristic, it should be tested. Some examples when used oil may be hazardous include: if it contains lead or chromium in concentrations above 5 pm, has been mixed with a listed hazardous waste such as halogenated solvents, or has been mixed with flammable materials such as gasoline (making it potentially ignitable).

Pennsylvania did not adopt the federal used oil regulations, but promulgated its own “waste oil” regulations under 25 Pa Code Chapter 298 - Management of Waste Oil, within the Residual Waste Management Regulations. For clarification, PADEP has substituted the EPA term of “used oil” with the “waste oil.”

Waste Handling Method: 1. Collect and store all used oil in a DOT-approved container (55-gallon drum or other

compatible plastic container). Containers should be kept closed (tight lid) while not in use. Be careful in transferring used oil. Contain any potential spills immediately with absorbent material, dispose of cleanup material as residual waste.

2. All containers, including tanks should be labeled with the term “Waste Oil”. Only used oil destined to be sent out of the Commonwealth for disposal or recycling may be labeled as “Used Oil.”

3. Retain records of vendor recycling shipments and testing records per PennDOT record retention protocols.

Waste Minimization Options: 1. Recycle all used oil (waste oil).

2. Eliminate cross-contamination with other potentially hazardous materials. Do not mix any amounts of parts washer solvents, paint solvents or other potentially hazardous waste/materials with used oil.

3. Purchase re-refined oil, if possible. Use lubricating oils that have been re-refined through an API (American Petroleum Institute) certified process. Alternatively, recycle in a closed-loop program.

USED OIL (WASTE OIL) #18

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