HW PART 11A

Treatment, Storage, and Disposal Facilities (TSDFs)

  • Engaged in one or more of the following activities:
    • Treatment: Any method, technique, or process designed to physically, chemically, or biologically change the nature of a hazardous waste.
    • Storage: Holding hazardous waste for a temporary period, after which the hazardous waste is treated, disposed of, or stored elsewhere.
    • Disposal: The discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid or hazardous waste on or in the land or water.
    • A disposal facility is any site where hazardous waste is intentionally placed and where the waste will remain after a TSDF stops operation.

TSDF Categories

  • RCRA divides TSDFs into two categories:
    • Permitted (new) facilities:
      • Congress enacted RCRA in 1976 and directed EPA to develop standards for new TSDFs.
      • The permit lays out requirements for the specific activities conducted at that facility, both the general facility standards and the standards applicable to each type of unit at the facility.
    • Interim status (existing) facilities:
      • EPA created a special category of regulations to allow these facilities to gradually come up to speed with the standards for permitted facilities.
      • These standards are general and are not tailored to individual sites until they receive their permit.

Permit-by-Rule

  • Facilities with permits for certain activities under other environmental laws that qualify for a special form of a RCRA permit:
    • Ocean disposal of hazardous wastes regulated under the Marine Protection, Research, and Sanctuaries Act (MPRSA).
    • Underground injection of hazardous wastes regulated under the Safe Drinking Water Act (SDWA).
    • Treatment of hazardous wastewaters in a publicly owned treatment works (POTW) regulated under the Clean Water Act (CWA).
    • Under this exemption, the facility’s non-RCRA permit serves in place of a RCRA permit, provided the facility is in compliance with that permit.

Exemption from Full TSDF Regulation

  • Facilities that treat (including recycle), store, or dispose of only hazardous waste generated by conditionally exempt small quantity generators (CESQGs) are excluded from the TSDF standards.
  • RCRA requires that such facilities be permitted, licensed, or registered by the state to handle nonhazardous industrial or municipal solid waste or qualify as a recycling facility.

TSDF Recycling Exemptions

  • RCRA provides separate, reduced regulations for TSDFs recycling certain materials.
  • These recycling facilities are generally exempt from the TSDF standards but may be required to comply with streamlined hazardous waste management requirements.
  • These reduced provisions apply to facilities recycling:
    • Precious metals
    • Lead-acid batteries
    • Used oil
    • Hazardous waste burned in boilers and industrial furnaces.

TSDF Exemptions for Other Recyclable Materials

  • For other recyclable materials, there are no special requirements.
  • For example, facilities recycling the following materials are exempt from all TSDF standards:
    • Industrial ethyl alcohol
    • Used batteries returned to the manufacturer for regeneration
    • Scrap metal
    • Fuels produced from refining oil-bearing hazardous wastes
    • Oil reclaimed from hazardous waste

Generators and TSDF Permits

  • Generators can become a storage facility subject to all applicable requirements for TSDFs (including permitting) if:
    • Small quantity generators (SQGs) or CESQGs exceed their respective storage limits:
      • CESQGs: less than 1,0001,000 kg HW or 11 kg or less of acute hazardous waste, or 100100 kg or less of any residue from the cleanup of a spill of acute hazardous waste.
      • SQGs: 6,0006,000 kg or less HW.
    • Large quantity generators (LQGs) or SQGs exceed their respective accumulation time limits:
      • SQGs: may accumulate HW on site for 180180 days.
      • LQGs: may accumulate HW on site for 9090 days.

Additional TSDF Exemptions

  • Farmers disposing of pesticide wastes on their own property in compliance with the disposal instructions on the pesticide label are not subject to TSDF standards.
  • Totally Enclosed Treatment Units (TETUs):
    • Designed and constructed to eliminate the potential for HW to escape into the environment during treatment.
    • If directly connected to an industrial production process, and treatment prevents the release of hazardous constituents into the environment, then are exempt from TSDF standards.

More TSDF Exemptions

  • Elementary Neutralization Units (ENUs):
    • Containers, tanks, tank systems, transportation vehicles, or vessels that neutralize wastes that are hazardous only for exhibiting the characteristic of corrosivity (D003).
    • Neutralization in such units is exempt from the TSDF standards.
  • Wastewater Treatment Units (WWTUs):
    • Tanks or tank systems that treat hazardous wastewaters and discharge them pursuant to the Clean Water Act (i.e., sent to a Publicly Owned Treatment Works or discharge to surface water under an NPDES permit) are exempt from TSDF regulations.

Emergency Response and Transfer Facilities

  • Treatment, storage, and disposal activities part of an emergency response action taken immediately to contain or treat a spill of HW are exempt from TSDF standards.
    • However, any treatment, storage, or disposal after the emergency situation has passed is subject to full regulation.
    • Likewise, HW generated during an emergency action must be managed in accordance with generator standards.
  • A transfer facility temporarily storing a manifested shipment of hazardous waste for less than 10 days before transfer to the next designated facility is not subject to the TSDF standards.
    • However, if storage at a transfer facility exceeds 10 days, the transfer facility becomes a storage facility subject to all applicable requirements for TSDFs (including permitting).

Landfill Disposal and Universal Wastes

  • Liquid hazardous wastes are not allowed in a landfill, so absorbents must be added to the container to remove visible liquids.
    • Adding absorbent to hazardous waste may be considered hazardous waste treatment, thus triggering TSDF standards.
    • However, to promote reduction of the amount of liquid HW sent to landfills, regulations for HW treatment do not apply to a facility adding absorbent to waste when the waste is first put into a container.
    • Subsequent addition of absorbent is not covered under this exemption and may be considered treatment subject to the TSDF standards.
  • Handlers and transporters of universal wastes are exempt from the TSDF standards. This includes batteries, pesticides, mercury-containing equipment, and lamps managed under the universal waste regulations.