Hazardous waste in the United States

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A household hazardous waste collection center in Seattle, Washington, U.S. North Seattle Household Hazardous Waste Collection Facility 01.jpg
A household hazardous waste collection center in Seattle, Washington, U.S.

Under United States environmental policy, hazardous waste is a waste (usually a solid waste) that has the potential to:

Contents

Under the 1976 Resource Conservation and Recovery Act (RCRA), a facility that treats, stores or disposes of hazardous waste must obtain a permit for doing so. Generators of and transporters of hazardous waste must meet specific requirements for handling, managing, and tracking waste. Through RCRA, Congress directed EPA to issue regulations for the management of hazardous waste. EPA developed strict requirements for all aspects of hazardous waste management including the treatment, storage, and disposal of hazardous waste. In addition to these federal requirements, states may develop more stringent requirements or requirements that are broader in scope than the federal regulations.

EPA authorizes states to implement the RCRA hazardous waste program. Authorized states must maintain standards that are equivalent to and at least as stringent as the federal program. Implementation of the authorized program usually includes activities such as permitting, corrective action, inspections, monitoring and enforcement.

Regulatory history

Resource Conservation and Recovery Act

Modern hazardous waste regulations in the U.S. began with RCRA, which was enacted in 1976. [1] The primary contribution of RCRA was to create a "cradle to grave" system of record keeping for hazardous wastes. Hazardous wastes must be tracked from the time they are generated until their final disposition. [2]

RCRA's recordkeeping system helps to track the life cycle of hazardous material and reduces the amount of hazardous waste illegally disposed. Regulators can monitor hazardous waste by following the "trail" of the waste as is transferred from one entity to another, from the time it is generated until it is disposed.

Amendments to RCRA specified requirements for incinerators and small quantity generators of hazardous waste and required substandard landfills to be closed. [3] Congress also exempted coal combustion residuals and mining waste from the strict hazardous waste permitting requirements. [4]

Comprehensive Environmental Response, Compensation, and Liability Act

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), was enacted in 1980. [5] The primary contribution of CERCLA was to create a financial "Superfund" and provide for the clean-up and remediation of closed and abandoned hazardous waste sites. [6]

International treaties

The United States is not a party to the Basel Convention, a 1992 treaty which prohibits the export of hazardous waste from developed countries to developing countries. [7] [8]

Types of hazardous waste

Characteristic wastes

Under EPA regulations, "characteristic hazardous wastes" are defined as wastes that exhibit the following characteristics: ignitability, corrosivity, reactivity, or toxicity. [9]

Ignitability

Ignitable wastes can create fires under certain conditions, are spontaneously combustible, or are liquids with a flash point less than 60 °C (140 °F). Examples include waste oils and used solvents. For more details, see 40 CFR §261.21. Test methods that may be used to determine ignitability include the Pensky-Martens Closed-Cup Method for Determining Ignitability, the Setaflash Closed-Cup Method for Determining Ignitability, and the Ignitability of Solids.

Corrosive

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. Battery acid is an example. For more details, see 40 CFR §261.22. The test method that may be used to determine corrosivity is the Corrosivity Towards Steel (Method 1110A) (PDF).

Reactivity

Reactive wastes are unstable under "normal" conditions. They can cause explosions, toxic fumes, radioactive particles, gases, or vapors when heated, compressed, or mixed with water. Examples include lithium-sulfur batteries and explosives. For more details, see 40 CFR §261.23. There are currently no test methods available.

Toxicity

Toxic wastes are those containing concentrations of certain substances in excess of regulatory thresholds which are expected to cause injury or illness to human health or the environment. For more details see

Toxicity Characteristic Leaching Procedure

Toxicity of a hazardous waste is defined through a laboratory procedure called the toxicity characteristic leaching procedure (TCLP). The TCLP helps identify wastes likely to leach concentrations of contaminants into the environment that may be harmful to human health or the environment.

Listed wastes

Listed hazardous wastes are generated by specific industries and processes and are automatically considered hazardous waste based solely on the process that generates them and irrespective of whether a test of the waste shows any of the "characteristics" of hazardous waste. [9] Examples of listed wastes include:

Hazardous wastes are incorporated into lists published by the Environmental Protection Agency. These lists are organized into three categories:

Hazardous waste listed by states

Additionally, states may have specific waste codes. For example, the California Department of Toxic Substances Control distinguishes discarded mercury-containing products and waste oil as separate groups of hazardous waste.

Discarded mercury-containing products (M-List)

This list includes certain wastes known to contain mercury, such as fluorescent lamps, mercury switches and the products that house these switches, and mercury-containing novelties. [10]

Waste oil

In California, waste oil and materials that contain or are contaminated with waste oil are usually regulated as hazardous wastes if they meet the definition of "Used Oil" even if they do not exhibit any of the characteristics of hazardous waste. The term "used oil" is a legal term which means any oil that has been refined from crude oil, or any synthetic oil that has been used and, as a result of use, is contaminated with physical or chemical impurities. Other materials that contain or are contaminated with used oil may also be subject to regulation as "used oil" under Part 279 of Title 40 of the Code of Federal Regulations. Standards for the Management of Used Oil

Universal wastes

Universal wastes are hazardous wastes that:

Some of the most common "universal wastes" are: fluorescent light bulbs, batteries, cathode ray tubes, and mercury-containing devices.

Universal wastes are subject to somewhat less stringent regulatory requirements and small quantity generators of universal wastes may be classified as "conditionally-exempt small quantity generators" (CESQGs) which releases them from some of the regulatory requirements for the handling and storage of hazardous wastes.

Universal wastes must still be disposed of properly. (For more information, see Fact Sheet: Conditionally Exempt Small Quantity Generator)

Other hazardous wastes

EPA has other ways of regulating hazardous waste. These regulations include:

Exempted hazardous wastes

EPA regulations automatically exempt certain solid wastes from being regulated as "hazardous wastes". This does not necessarily mean the wastes are not hazardous nor that they are not regulated. An exempted hazardous waste simply means that the waste is not regulated by the primary hazardous waste regulations. Many of these wastes may by regulated by different statutes and/or regulations and/or by different regulatory agencies. For example, many hazardous mining wastes are regulated via mining statutes and regulations. "Exempted" hazardous wastes include:

Household hazardous waste

Household hazardous waste (HHW), also referred to as "domestic hazardous waste," is waste that is generated from residential households. HHW only applies to wastes that are the result of the use of materials that are labeled for and sold for "home use" and that are purchased by homeowners or tenants for use in a residential household.

The following list includes categories often applied to HHW. It is important to note that many of these categories overlap and that many household wastes can fall into multiple categories:

Disposal of HHW

Because of the expense associated with the disposal of HHW, it is still legal for most homeowners in the U.S. to dispose of most types of household hazardous wastes as municipal solid waste (MSW) and these wastes can be put in your trash. Laws vary by state and municipality and they are changing every day. Be sure to check with your local environmental regulatory agency, solid waste authority, or health department to find out how HHW is managed in your area.

Modern landfills are designed to handle normal amounts of HHW and minimize the environmental impacts. However, there are still going to be some impacts and there are many ways that homeowners can keep these wastes out of landfills. [14]

Laws regulating HHW in the U.S. are gradually becoming more strict. As of 2007, radioactive smoke detectors are the only HHW that are managed nationally. While it is still legal in the United States to dispose of smoke detectors in your trash in most places, manufacturers of smoke detectors must accept returned units for disposal as mandated by the Nuclear Regulatory law 10 CFR 32.27. If you send your detector back to a manufacturer then it will be disposed in a nuclear waste facility.

States regulate HHW waste disposal in MSW landfills with various requirements, on a state-by-state basis. Some commonly regulated wastes in some (but not all) states include restrictions on the disposal of:

(Note: Yard waste or "green waste" (particularly "source-separated" yard waste such as from a city leaf collection program) is not hazardous but may be a regulated household waste)

Local solid waste authorities and health departments may also have specific bans on wastes that apply to their service area.

Solid Waste Haulers and HHW

One "catch-22" that residents often encounter is that while it may be legal to dispose of some HHW in their regular trash, the waste hauler that collects the trash can choose not to haul the waste. It is not uncommon for a waste hauler to refuse to pick up municipal solid waste that contains things like paint and fluorescent light bulbs. There is often little recourse for residents in this case. In these cases the resident may have to make their own arrangements to dispose of the waste by taking it directly to a landfill or solid waste transfer station.

Final disposition ("disposal") of hazardous waste

Hazardous wastes (HWs) are typically dealt with in five different ways:

Recycling

Many HWs can be recycled into new products.

Neutralization

Some HW can be processed so that the hazardous component of the waste is eliminated making it a non-hazardous waste.

Incineration, destruction and waste-to-energy

A HW may be "destroyed" for example by incinerating it at a high temperature.

Hazardous waste landfill (sequestering, isolation, etc.)

A HW may be sequestered in a HW landfill or permanent disposal facility. "In terms of hazardous waste, a landfill is defined as a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a pile, a land treatment facility, a surface impoundment, an underground injection well, a salt dome formation, a salt bed formation, an underground mine, a cave, or a corrective action management unit (40 CFR 260.10)." [15]

See also

Related Research Articles

Hazardous waste Ignitable, reactive, corrosive and/or toxic unwanted or unusable materials

Hazardous waste is waste that has substantial or potential threats to public health or the environment. Hazardous waste is a type of dangerous goods. They usually have one or more of the following hazardous traits:ignitability, reactivity, corrosivity, toxicityListed hazardous wastes are materials specifically listed by regulatory authorities as hazardous wastes which are from non-specific sources, specific sources, or discarded chemical products. Hazardous wastes may be found in different physical states such as gaseous, liquids, or solids. A hazardous waste is a special type of waste because it cannot be disposed of by common means like other by-products of our everyday lives. Depending on the physical state of the waste, treatment and solidification processes might be required.

Industrial waste Waste produced by industrial activity or manufacturing processes

Industrial waste is the waste produced by industrial activity which includes any material that is rendered useless during a manufacturing process such as that of factories, mills, and mining operations. Types of industrial waste include dirt and gravel, masonry and concrete, scrap metal, oil, solvents, chemicals, scrap lumber, even vegetable matter from restaurants. Industrial waste may be solid, semi-solid or liquid in form. It may be hazardous waste or non-hazardous waste. Industrial waste may pollute the nearby soil or adjacent water bodies, and can contaminate groundwater, lakes, streams, rivers or coastal waters. Industrial waste is often mixed into municipal waste, making accurate assessments difficult. An estimate for the US goes as high as 7.6 billion tons of industrial waste produced annually, as of 2017. Most countries have enacted legislation to deal with the problem of industrial waste, but strictness and compliance regimes vary. Enforcement is always an issue.

Toxic waste Any unwanted material which can cause harm

Toxic waste is any unwanted material in all forms that can cause harm. Many of today's household products such as televisions, computers and phones contain toxic chemicals that can pollute the air and contaminate soil and water. Disposing of such waste is a major public health issue.

Resource Conservation and Recovery Act

The Resource Conservation and Recovery Act (RCRA), enacted in 1976, is the principal federal law in the United States governing the disposal of solid waste and hazardous waste.

Toxicity characteristic leaching procedure

Toxicity characteristic leaching procedure (TCLP) is a soil sample extraction method for chemical analysis employed as an analytical method to simulate leaching through a landfill. The testing methodology is used to determine if a waste is characteristically hazardous, i.e., classified as one of the "D" listed wastes by the U.S. Environmental Protection Agency (EPA). The extract is analyzed for substances appropriate to the protocol.

Illegal dumping Act of dumping waste illegally

Illegal dumping, also called fly dumping or fly tipping (UK), is the dumping of waste illegally instead of using an authorized method such as curbside collection or using an authorized rubbish dump. It is the illegal deposit of any waste onto land, including waste dumped or tipped on a site with no license to accept waste. The United States Environmental Protection Agency developed a “profile” of the typical illegal dumper. Characteristics of offenders include local residents, construction and landscaping contractors, waste removers, scrap yard operators, and automobile and tire repair shops.

According to the United States Environmental Protection Agency, mixed waste (MW) is a waste type defined as follows; "MW contains both hazardous waste and radioactive waste. It is jointly regulated by NRC or NRC's Agreement States and EPA or EPA's RCRA Authorized States. The fundamental and most comprehensive statutory definition is found in the Federal Facilities Compliance Act (FFCA) where Section 1004(41) was added to RCRA: "The term 'mixed waste' means waste that contains both hazardous waste and source, special nuclear, or byproduct material subject to the Atomic Energy Act of 1954."

Hazardous Waste Operations and Emergency Response is a set of guidelines produced and maintained by the Occupational Safety and Health Administration which regulates hazardous waste operations and emergency services in the United States and its territories. With these guidelines, the U.S. government regulates hazardous wastes and dangerous goods from inception to disposal.

Household hazardous waste

Household hazardous waste (HHW) was a term coined by Dave Galvin from Seattle, Washington in 1982 as part of the fulfillment of a US EPA grant. This new term was reflective of the recent passage of the Resource Conservation and Recovery Act of 1976 in the US. This act and subsequent regulations strengthened the environmental protection requirements for landfills, in Subpart D, and created a "cradle to grave" management system for hazardous wastes, in Subpart C. From RCRA 1976 the US EPA promulgated rules in 1980 which explicitly excluded any wastes from household origins from regulation as a hazardous waste at the federal level. Most US states adopted parallel regulations to RCRA 1976 but were allowed to be more stringent. California took advantage of this allowance and chose to not exempt household origin wastes from their state hazardous waste laws. HHW products exhibit many of the same dangerous characteristics as fully regulated hazardous waste which are their potential for reactivity, ignitability, corrosivity, toxicity, or persistence. Examples include drain cleaners, oil paint, motor oil, antifreeze, fuel, poisons, pesticides, herbicides and rodenticides, fluorescent lamps, lamp ballasts containing PCBs, some smoke detectors, and in some states, consumer electronics. Except for California, most states exclude HHW from their hazardous waste regulations and regulate the management of HHW largely under their solid waste regulatory schemes.

Title 40 is a part of the United States Code of Federal Regulations. Title 40 arranges mainly environmental regulations that were promulgated by the US Environmental Protection Agency (EPA), based on the provisions of United States laws. Parts of the regulation may be updated annually on July 1.

Regulation of ship pollution in the United States

In the United States, several federal agencies and laws have some jurisdiction over pollution from ships in U.S. waters. States and local government agencies also have responsibilities for ship-related pollution in some situations.

Landfills in the United States American landfills

Municipal solid waste (MSW) – more commonly known as trash or garbage – consists of everyday items people use and then throw away, such as product packaging, grass clippings, furniture, clothing, bottles, food scraps and papers. In 2018, Americans generated about 292.4 million short tons (265.3 Mt) of trash. In the United States, landfills are regulated by the Environmental Protection Agency (EPA) and the states' environmental agencies. Municipal solid waste landfills (MSWLF) are required to be designed to protect the environment from contaminants that may be present in the solid waste stream.

Ash pond Coal plant disposal structure

An ash pond, also called a coal ash basin or surface impoundment, is an engineered structure used at coal-fired power stations for the disposal of two types of coal combustion products: bottom ash and fly ash. The pond is used as a landfill to prevent the release of ash into the atmosphere. Although the use of ash ponds in combination with air pollution controls decreases the amount of airborne pollutants, the structures pose serious health risks for the surrounding environment.

Waste management law

Waste management laws govern the transport, treatment, storage, and disposal of all manner of waste, including municipal solid waste, hazardous waste, and nuclear waste, among many other types. Waste laws are generally designed to minimize or eliminate the uncontrolled dispersal of waste materials into the environment in a manner that may cause ecological or biological harm, and include laws designed to reduce the generation of waste and promote or mandate waste recycling. Regulatory efforts include identifying and categorizing waste types and mandating transport, treatment, storage, and disposal practices.

Solid waste policy in the United States is aimed at developing and implementing proper mechanisms to effectively manage solid waste. For solid waste policy to be effective, inputs should come from stakeholders, including citizens, businesses, community-based organizations, non-governmental organizations, government agencies, universities, and other research organizations. These inputs form the basis of policy frameworks that influence solid waste management decisions. In the United States, the Environmental Protection Agency (EPA) regulates household, industrial, manufacturing, and commercial solid and hazardous wastes under the 1976 Resource Conservation and Recovery Act (RCRA). Effective solid waste management is a cooperative effort involving federal, state, regional, and local entities. Thus, the RCRA's Solid Waste program section D encourages the environmental departments of each state to develop comprehensive plans to manage nonhazardous industrial and municipal solid waste.

Mercury regulation in the United States

Mercury regulation in the United States limit the maximum concentrations of mercury (Hg) that is permitted in air, water, soil, food and drugs. The regulations are promulgated by agencies such as the Environmental Protection Agency (EPA) and Food and Drug Administration (FDA), as well as a variety of state and local authorities. EPA published the Mercury and Air Toxics Standards (MATS) regulation in 2012; the first federal standards requiring power plants to limit emissions of mercury and other toxic gases.

Exemptions for hydraulic fracturing under United States federal law

There are many exemptions for hydraulic fracturing under United States federal law: the oil and gas industries are exempt or excluded from certain sections of a number of the major federal environmental laws. These laws range from protecting clean water and air, to preventing the release of toxic substances and chemicals into the environment: the Clean Air Act, Clean Water Act, Safe Drinking Water Act, National Environmental Policy Act, Resource Conservation and Recovery Act, Emergency Planning and Community Right-to-Know Act, and the Comprehensive Environmental Response, Compensation, and Liability Act, commonly known as Superfund.

Solid Waste Disposal Act of 1965

The Solid Waste Disposal Act (SWDA), is an Act of Congress passed in 1965. The United States Environmental Protection Agency described the Act as "the first federal effort to improve waste disposal technology". After the Second Industrial Revolution, expanding industrial and commercial activity across the nation, accompanied by increasing consumer demand for goods and services, led to an increase in solid waste generation by all sectors of the economy. The act established a framework for states to better control solid waste disposal and set minimum safety requirements for landfills. In 1976 Congress determined that the provisions of SWDA were insufficient to properly manage the nation's waste and enacted the Resource Conservation and Recovery Act (RCRA). Congress passed additional major amendments to SWDA in the Hazardous and Solid Waste Amendments of 1984 (HSWA).

Water in Arkansas is an important issue encompassing the conservation, protection, management, distribution and use of the water resource in the state. Arkansas contains a mixture of groundwater and surface water, with a variety of state and federal agencies responsible for the regulation of the water resource. In accordance with agency rules, state, and federal law, the state's water treatment facilities utilize engineering, chemistry, science and technology to treat raw water from the environment to potable water standards and distribute it through water mains to homes, farms, business and industrial customers. Following use, wastewater is collected in collection and conveyance systems, decentralized sewer systems or septic tanks and treated in accordance with regulations at publicly owned treatment works (POTWs) before being discharged to the environment.

Health effects of coal ash

Coal ash, also known as coal combustion residuals (CCRs), is the mineral residue that remains from burning coal. Exposure to coal ash and to the toxic substances it contains may pose a health risk to workers in coal-fired power plants and residents living near coal ash disposal sites.

References

  1. United States. Resource Conservation and Recovery Act. Pub.L.   94–580, 90  Stat.   2795, 42 U.S.C.   § 6901 et seq., approved October 21, 1976.
  2. "EPA History: Resource Conservation and Recovery Act". Washington, DC: U.S. Environmental Protection Agency (EPA). 2018-08-08.
  3. "Highlights of the Hazardous and Solid Waste Amendments of 1984; The New RCRA Requirements". EPA. April 1985. EPA 530-SW-85-008.
  4. 1 2 3 4 5 6 "Special Wastes". Hazardous Waste. EPA. 2018-11-29.
  5. United States. Comprehensive Environmental Response, Compensation, and Liability Act of 1980. Pub.L.   96–510, approved December 11, 1980. 42 U.S.C.   § 9601 et seq.
  6. "What is Superfund?". EPA. 2018-11-30.
  7. "Status as at 13 January 2013". United Nations Treaty Database. Archived from the original on 9 September 2012. Retrieved 13 January 2013.
  8. "Parties to the Basel Convention". www.basel.int. Archived from the original on 14 June 2013. Retrieved 31 May 2013.
  9. 1 2 3 "Defining Hazardous Waste: Listed, Characteristic and Mixed Radiological Wastes". EPA. 2019-09-06.
  10. "Mercury Waste". Safer Products. Sacramento, CA: California Department of Toxic Substances Control. Retrieved 2020-04-30.
  11. "Universal Waste". Hazardous Waste. EPA. 2019-10-21.
  12. "Agriculture Nutrient Management and Fertilizer". EPA. 2019-10-29.
  13. EPA. Code of Federal Regulations, Title 40, Part 261: Identification and Listing of Hazardous Waste. 40 CFR 261.4(b). Solid wastes which are not hazardous wastes.
  14. "Household Hazardous Waste". EPA. 2019-05-02.
  15. "Hazardous Waste Landfills". Champaign-Urbana, IL: Federal Facilities Environmental Stewardship and Compliance Assistance Center (U.S. Army Corps of Engineers). 2017-07-05.