What is RCRA?

RCRA is the acronym for the Resource Conservation and Recovery Act.  It is the federal law that regulates the management of hazardous waste, non-hazardous wastes, medical wastes, and underground storage tanks.

What is TSCA?

TSCA is the acronym for the Toxic Substance Control Act. PCB wastes, which are found in numerous building materials throughout industry, are managed under TSCA 40 CFR 761.

Requirements for transporters of hazardous waste include:

• Obtaining a U.S. Environmental Protection Agency (EPA) Identification Number that complies with the manifest system;
• Responding appropriately to hazardous waste discharges; and,
• Complying with both the RCRA requirements & U.S. Department of Transportation (DOT) regulations.

What is a Hazardous Waste?

A RCRA hazardous waste is a waste that either appears on one of three lists of hazardous waste created by the U.S. EPA; or, if not on the lists, exhibits one of four characteristics of hazardous waste.

What are the Three Types of Listed Wastes?

The U.S EPA has created three lists of hazardous waste, which are defined in 40 CFR Sections 261.31 through 261.33.  These lists are divided into list categories: F List, K List and P/U List.

• F List - contains hazardous wastes from non-specific sources, meaning that any business (from gas stations to petrochemical plants) can produce these wastes.  The list consists mainly of spent solvents and electroplating wastes.
• K List - contains hazardous wastes from specific industries.  These are mostly residues from manufacturing and wastewater treatment processes.  The industries covered in this list include wood preserving, organic chemicals, inorganic chemicals, pesticides, petroleum refining, and other industries.
• P and U List - contains unused discarded commercial chemical products.  It includes off-specification species, containers, and spill residues thereof.

What are the Four Hazardous Waste Characteristics?

The four hazardous waste characteristics are ignitability, corrosivity, reactivity, and toxicity.

What are Some Common Examples of Hazardous Waste?

Solvents, acids, caustics, automobile batteries, paints, glues, adhesives, electroplating liquids and heavy metals.

Are Household Wastes Subject to Regulation as Hazardous Waste?

No. Congress explicitly exempted household waste from regulation as hazardous waste under RCRA.

What is an Ignitable Hazardous Waste?

A waste is ignitable under RCRA if it is:

• A liquid, other than an aqueous solution containing less than 24% alcohol, that has a flash point below 140° F.  Kerosene, some solvents, and petroleum distillates are examples of ignitable wastes;
• A solid that is capable of causing fire through friction or absorption of moisture and, when ignited, burns so vigorously and persistently at standard temperature and pressure (STP) that it creates a hazard.  An example is finely divided metals;
• A compressed, ignitable gas as defined by DOT regulations; and/or,
• An oxidizer as defined by DOT regulations, such as sodium permanganate.

What is a Corrosive Hazardous Waste?

Corrosive hazardous waste are typically acids (such as hydrochloric or sulfuric acids) and caustics (such as sodium hydroxide).  A waste is corrosive under RCRA if it is:

• Aqueous and has a pH less than or equal to 2.0 or greater than or equal to 12.5; and/or,
• A liquid that corrodes steel at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55° C (130° F).

Note: solid, i.e., nonliquid material cannot be corrosive hazardous wastes by definition.

What is a Reactive Hazardous Waste?

A waste is reactive under RCRA if it is:

• Normally unstable and readily undergoes violent changes without detonating;
• A substance that reacts violently with water;
• A substance that forms potentially explosive mixtures with water;
• A substance that generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health and the environment when mixed with water;
• A cyanide- or sulfide-bearing waste that, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment;
• A substance capable of detonation or explosive reaction if subjected to a strong initiating force or if heated under confinement;
• A substance that is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure; and/or,
• A DOT class A or B explosive.

What is a Hazardous Waste Generator?

Generators are individuals that produce hazardous waste, usually as a result of an industrial process.

Do All Generators of Hazardous Waste Need a RCRA Permit?

No.  Only facilities that treat, store, or dispose of hazardous waste must obtain a RCRA permit.

Are All Hazardous Waste Generators Regulated in the Same Way?

No.  Hazardous waste generators are divided into three categories, based on the amount of waste produced, and are subject to different levels of regulation.  The three types of hazardous generators are:

• Conditionally Exempt Small Quantity Generators (CESQGs) generate less than 100 kilogram (kg) of hazardous waste or less than 1 kg of acutely hazardous waste per month;
• Small Quantity Generators (SQGs) generate between 100 kg and 1,000 kg of hazardous waste per month;
• Large Quantity Generators (LQGs) generate over 1,000 kg of hazardous waste or over 1 kg of acutely hazardous waste per month.

What are the Requirements for Conditionally Exempt Small Quantity Generators (CESQGs)?

CESQGs must identify all the hazardous waste they generate, not accumulate more than 1000 kg of hazardous waste at any time and ensure that their hazardous waste is delivered to someone who is authorized to manage their waste.

What are the Requirements for Small Quantity Generators (SQGs) and Large Quantity Generators (LQGs)?

Requirements for SQGs and LQGs include:

• Obtaining an EPA Identification Number (contact state environmental office for number);
• Handling wastes properly before shipment (packaging, labeling, marking, placarding, accumulation time, etc.);
• Complying with the manifest system; and,
• Recordkeeping and reporting requirements.  

Note: some states may have additional requirements for generators.

What Do I Need to Know About Storage Tanks in Pennsylvania?

What Are Some Common Characteristics of Underground Storage Tanks (USTs)?

Prior to the 1970s:
• Made primarily of thin steel (< ¼ inch).
• Not uncommon for tank ends to be rivetted instead of welded at the ends.
• Tightly packed in native soil/rock.
• Piping runs were narrowly cut trenches carved out of native soil.
• No secondary containments or cathodic (rust) protection.
• General size found to be 250 gallons to 4,000 gallons.
• Gasoline USTs were primarily leaded gasoline.

After the 1970s:
• USTs made of fiberglass or thicker metal (>1/4 inch).
• Tanks and piping laid in larger footprints and pea gravel used to fill in surrounding void space.
• Almost always double walled for secondary containment.
• Cathodic protection commonly used (prevents rust).
• Most are set on a concrete base below the tanks and anchored to the concrete with straps.
• Average size at most stations is between 8,000-10,000 gallons.
• All gasoline is unleaded except in special circumstances.

What are the Main Reasons to Remove an Aboveground or Underground Storage Tank?

Tanks are not in use anymore. Storage tanks can be a sizable liability if they are left unattended for a substantial amount of time.
• Property Transfers – New buyer does not want the UST(s) or sees too much liability in them. Removal is negotiated with property sale.
• Tanks are found to be leaking and must be removed ASAP.
• Utility company, such as a gas or water line installer, finds an orphan tank while digging in an area such as a sidewalk.
• Study is conducted and tanks are found to be in an unwanted location.
• Regardless of the reason, USTs in the ground are ALWAYS a liability for the property owner.

What is the Administrative Process for Removing a Storage Tank in Pennsylvania?

Step #1
• Company with a Pennsylvania Certified Tank Remover (AMR, UMR, and/or AFR Certification) has been hired.
• Removal company notifies regional PADEP office via written letter at least 30-days prior to the removal date.
• Local fire departments and municipalities should be sent the same letter.

Step #2
• A date is determined, removal work occurs.
• If contamination is discovered, the PADEP must be notified, and a Notification of Reportable Release Form (NORR) must be submitted.
• Cleanup efforts must take place and a follow up NORR must be submitted.

Step #3
• The Storage Tank Registration/Permitting Application Form must be filled out to administratively close out the tank(s).
• This 12-page document must be sent to the Harrisburg PADEP office within 30 days after the tank(s) are removed.
• The same form is used for any other amendment to the status of a regulated storage tank.

Step #4
• A Tank System Final Closure Report must be filled out and sent to the PADEP regional office within 60 days of the tank removal.
• The document is 12 pages long but must also include appendices.

Additional Items of Note
• Tank removal efforts are responsible for impacted soils within 3-5 feet of all tanks and piping.
• PADEP will usually authorize the cleanup of the impacted area in its entirety if it is possible during the tank removal work.
• If a full cleanup is not possible during tank removal activities, a Site Characterization Report must be submitted and site characterization strategies must be implemented under Pennsylvania’s Act 2 program.

What equipment and tools are commonly used to remove storage tanks?

Equipment:

• Backhoe, Trachoe Excavator, or Excavator Shears – Physically remove tanks 
• High Velocity Vacuum Truck – Remove and haul tank liquids
• Roll-off Truck and Boxes – Storage & hauling of impacted soils
• Tri-Axle Dump Trucks – Hauling of impacted soils
• Boom Truck or Crane – Lifting +20,000-gallon tanks
• Skidloader – Filling roll-off boxes and backfilling excavation
• Hoeram Excavator – Breaking up large chunks of concrete above USTs

Tools:

• Safety Fence – Isolate work area
• Air Compressor/Air Horn/Rivet Buster – Ventilation/cutting holes in the tank
• Pressure Washer/Industrial Soap – Clean inside of tank
• Trash Pump or Double- Diaphragm Pump – Pump out liquids
• Reciprocating Saw – Cutting pipes and bolts
• Compactor – Pack down the backfill material
• 6-ml Visqueen Plastic – Temporarily store impacted soils
• Ladder/Shovels/Miscellaneous Tools

What are the site assessment requirements for underground storage tanks (USTs) in Pennsylvania?

A site assessment of soils and water must take place as soon as UST(s) are removed from the ground. A Photoionization Detector (PID) must be used for petroleum products to gauge petroleum vapor levels. Biased samples must be collected in laboratory glassware and sent to an accredited laboratory within hold times to be tested for specific analytes.

• For tanks <= 1,000 gallons: two (2) discrete samples in native soil from below each end of the UST.
• For tanks > 1,000 gallons: three (3) discrete samples in native soil evenly spaced below the UST.
• One from under each fuel dispenser in native soil.
• One sample from native soil every 20 feet along the product piping.
• If pit water is observed, it must be removed. If it returns, it is most likely groundwater and two (2) water samples should also be collected from every excavation.
• Specific analytes must be sampled for each substance. For example: Gasoline requires Benzene, Toluene, Ethyle Benzene, Xylene, Cumene, Naphthalene, 1,2,4-Trimethylbenzene, 1,3,5 Trimethylbenzene, 1,2-Dichloroethane, 1,2-Dibromoethane, and Lead.
• Consult the PADEP Short List Form (Table IV-9) for specific analytes lists for each substance.

What are the site assessment requirements for aboveground storage tanks (ASTs) in Pennsylvania?

A site assessment of soils and water must take place as soon as AST(s) are removed. A Photoionization Detector (PID) must be used for petroleum products to gauge petroleum vapor levels. Biased samples must be collected in laboratory glassware and sent to an accredited laboratory within hold times to be tested for specific analytes.

• One sample from native soil every 20 feet along the product piping.
• One from under each fuel dispenser in native soil.
• If a remote fill is present, one sample below the fill opening.
• For ASTs less than 25 feet in diameter: A minimum of one (1) sample beneath the center of the tank at a depth of 3-5 feet under the tank bottom and at least three (3) samples in a triangle pattern along the perimeter of the tank at a depth of three (3) feet under the tank bottom perimeter.
• For ASTs 25 - 60 feet in diameter: A minimum of one (1) sample beneath the center of the tank at a depth of at least five (5) feet under the tank bottom and a minimum of five (5) samples spread equidistant apart along the tank perimeter at a depth of three (3) feet under the tank bottom perimeter.
• For ASTs 60 – 90 feet in diameter: A minimum of one (1) sample beneath the center of the tank and two (2) samples on opposite sides of the center tank sample at a depth of at least five (5) feet under the tank bottom and a minimum of six (6) samples spread equidistant apart along the tank perimeter at a depth of three (3) feet under the tank bottom perimeter.
• For ASTs greater than 90 feet in diameter, determine the stratigraphy beneath and adjacent to the tank and consult with the appropriate PADEP regional office.
• Specific analytes must be sampled for each substance. For example: Gasoline requires Benzene, Toluene, Ethyle Benzene, Xylene, Cumene, Naphthalene, 1,2,4-Trimethylbenzene, 1,3,5 Trimethylbenzene, 1,2-Dichloroethane, 1,2-Dibromoethane, and Lead.
• Consult the PADEP Short List Form (Table IV-9) for specific analytes lists for each substance.