Document RjR718xK35a9ra6eeZ1dRz66B

Vista Chemical Company 900 Threadneedie Houston, Texas 77079-2990 (713) 588-3000 P.O. Box 19029 Houston, Texas 77224*9029 Fax (713) 588-3236 January 15, 1991 TGG: JCL: ERT: MJH: AJ0: RF XF: VI9 Mr. J ohn Byrne Whitaker Oil Company P. 0. Box 93487 Atlanta, GA 30318 Dear Mr. Byrne: Pete Douvry asked that I provide you information regarding the new EPA definition of hazardous waste, commonly known as the Toxicity Characteristic (TC). This rule, finalized September 25, 1990, essentially expands the list of ways a substance can be classed a hazardous waste. Benzene is on the expanded list of substances, that if present above the established threshold limit, causes a material to be a hazardous waste for disposal purposes. The threshold for benzene is 5 mg/1. I've attached a succinct summary article on the regulation. For your information, our LPA solvents do not contain benzene, or other listed chemicals, above regulatory thresholds. This fact could certainly be an advantage in some "substitute" markets. The cost to have a TC analysis run can range from $300 -$1,000 dependent on the number of chemicals you're looking for and the physical state of the product. Sincerely, Thomas G. Grumbles, C.I.H. Manager Environmental Affairs dlj cc: P. Douvry Attachment ooo^fa9Z Is it Hazardous or Is It Not? Is your Product Waste hazard to he performed on product waste to ous under recently revised federal determine if it contains certain regulations? How do you make this chemicals above a regulated level. determination? This TC rule establishes regulatory Under the current Resource limits for 25 new chemicals and 14 Conservation and Recovery Act chemicals from a previous RCRA (RCRA), Subtitle C, EPA uses two rule. If the waste contains any of procedures to define wastes as these chemicals above the regulated hazardous: levels, then the waste is RCRA !. A product waste is specifi Hazardous. (See Table 1) cally listed by chemical name; The TC rule went into effect on 2. The waste possesses certain September 25, 1990 for large hazard hazardous characteristics above an ous waste generators (2,200 lbs/ EPA defined level. month) and on March 29, 1991 for Chances are if your product small hazardous waste generators waste has been listed in the regula (220 to 2,200 Ibs/month). A wastes' tion as hazardous, you already know toxicity is only one of four charac this, since this listing has been in ef teristics that must be considered fect for many years. This article dis when identifying a waste as hazard cusses a recent rule by EPA called the ous. The other three are Toxicity Characteristic <TC) rule that 1GNITAB1LITY, REACTIVITY, and requires a test called a Toxicity Char CORROSIVITY. These three have also acteristic Leaching Procedure (TCLP)* l. been in effect for many years. The quantity to distinguish large from small generators is the total amount of hazardous waste generated on a site basis. It is important to note that if new TC wastes are generated, then genera tors may be required to apply for new RCRA handling permits. All businesses should make a determination whether their product waste is or is not, a "TC waste." This can be accomplished in two ways: 1. Through use of the TCLP to determine whether leachate resulting from this test exceeds the regulatory levels for the 40 specified chemicals. 2. Through calculation, show that it is impossible to exceed the TC regulatory levels even if all of the regulated chemical contained in the product waste is extracted. A recom- TaWe 1 Calculations May Avoid Necessity of Running TCLP Test If one can show by calculation that it is impossible to exceed the TCLP regulatory limit even if all of the regulated substance is extracted, then it is not necessary to run the test. Two examples follow: l. General TCLP Calculation 100 g sample 20X water = 2000g = 2L water If regulatory level is R mg/L = 2R mg/2L, then 2R mg = lOOg sample 2 x lO-3 Rg lOOg sample = 0.002R wt% or 20R ppm Anything less than 0.002R wt% or 20R ppm will pass the TCLP test even if all of the substance is extracted. Substance Cd,Se As, Cr, Pb, Ag Hg Ba R (mg/L) 1.0 5.0 0.2 100.0 Any concentration lower than this will pass TCLP test ' 20 ppm 100 ppm 4 ppm 2000 ppm (0.2%) 2. Barium Sulfate Calculation U" *4- VVV 000011693 BaS04 cannot exceed the TCLP regulatory limit for Ba, as shown by the following calculations: BaS04 solubility in wateT at 25C is 0.000246 g/lOOcc = 2.46 mg/L. BaSG4 solubility in 3% HC1 is 0.006 g/lOOcc = 60 mg/L. In both water and 3% HC1, the concentration of Ba would be less than the 100 mg/L regulatory limit. Since 3% HC1 is much more acid than the 4.93 pH specified for TCLP, BaS04 cannot be considered a hazardous waste by the TCLP test. 3 t'ndcd procedure to make this determination is shown in Table 1. Chemical constituents and their regulatorv levels are shown in Table 2. This is a relatively new test for hazardous waste determination, therefore not all laboratories are capable of performing it. For more information, consult your Environmental Coordinator. Conoco Laboratory in Ponca City and most of the major commercial laboratories are capable of performing this test. Cost can range from $300 per sample for heavy metals analysis only, to $1500 for the full range of the 40 chemicals. If the TCLP determines that any of the chemicals are present above the regulated levels in waste, then the waste is a "TC Waste'1 and subject to all RCRA hazardous waste requirements, and all customers should be so advised! A statement as to whether or not a product's --- waste is an RCRA hazardous waste uould be included in the product's DS to enhance sales (if non- hazardous) or to ensure proper handling and disposal of the waste (if hazardous). This RCRA hazardous waste determination applies to all waste, whether it is considered hazardous because of its toxicity or any of the other above mentioned hazardous characteristics. Your Environmental Coordinator, Environmental Legal, or one of the consultants in the ESD Solid Waste section should be contacted to assist in this assessment and requirements, if now covered. Generators are legally respon sible for determining whether they produce hazardous waste. The penalties for noncompliance can be very severe, and may even include criminal liability. Hopefully, you have already made this deter mination, but if not you should do so as soon as possible. Your product liability and expensive litigation could be at risk along with the notential adverse impact on the ironment. For more information contact: Tom Lukish, Environmental Affairs Fibers, 999*5576 or Wayne Martin, Regulatory Affairs - Polymer Prod ucts, 773-6587. Table 2 Maximum Concentration of Contaminants for the Toxicity Characteristic (TCLP) EPA HW Number Contaminant Regulatory Level CAS Number (mg/1) D004 D005 D018 D006 D019 D020 D021 D022 D007 D023 D024 D025 D026 D016 D027 D028 D029 D030 DO 12 D031 D032 D033 D034 D008 DO 13 D009 D014 DO3 5 D036 D037 D038 D010 D011 D039 D015 D040 D041 D042 D017 D043 Arsenic Barium Benzene Cadmium Carbon Tetrachloride Chlordane Chlorobenzene Chloroform Chromium o-Cresoi m-Cresol p-Cresol Cresol 2,4-D 1,4-Dichlorobenzene 1,2-Dlchloroethane 1,1 -Dichioroethylene 2,4-Dinitrotoluene Endrin Heptachlor (and its hydroxide) Hexachlorobenzene Hexachlorobutadiene Hexachloroethane Lead Lindane Mercury Methoxychlor Methyl ethyl ketone Nitrobenzene Pentachlorophenol Pyridine Selenium Silver Tetrachloroethylene Toxaphene Trichlorethylene 2,4,5-Trichlorophenol 2,4,6-Trichlorophenol 2,4,5-TP (Silvex) Vinyl chloride 7440-38-2 7440-39-3 71-43-2 7440-43-9 56-23-5 57-74-9 108-90-7 67-66-3 7440-47-3 95-48-7 108-39-4 106-44-5 94-75-7 106-46-7 107-06-2 75-35-4 121-14-2 72-20-8 76-44-8 118-74-1 87-68-3 67-72-1 7439-92-1 58-89-9 7439-97-6 72-43-5 78-93-3 98-95-3 87-86-5 110-86-1 7782-49-2 7440-22-4 127-18-4 8001-35-2 79-01-6 95-95-4 88-06-2 93-72-1 75-01-4 5.0 100.0 0.5 1.0 0.5 0.03 100.0 6.0 5.0 200.0 200.0 200.0 200.0 10.0 7.5 0.5 0.7 0.13 0.02 0.008 0.13 0.5 3.0 5.0 0.4 0.2 10.0 200.0 2.0 100.0 5.0 1.0 5.0 0.7 0.5 0.5 400.0 2.0 1.0 0.2 VVV 000011694