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Today’s post is going to be a quick one. A few posts ago we provided some basics of LDR (Land Disposal Restrictions) which we hope you found helpful!  But if you’re still looking for more information you are in the right place. Today we’re going to give you eight simple actions to take to help make sure you are compliant with LDR rules. So without further ado…

1. Determine, at the point of generation, all applicable codes, the category (WW or non-WW), and the subcategory (if any) for each restricted waste.

2. Determine which treatment standard(s) apply to each restricted waste.

3. Identify underlying hazardous constituents (where required).

4. Determine, through specified analytical techniques or knowledge of the waste, whether the treatment standard has been achieved.

5. Comply with time limitations.

6. Comply with prohibitions on evaporation and dilution.

7. Prepare notifications and/or certifications required for onsite or offsite waste management.

8. Comply with recordkeeping requirements to maintain all LDR documentation.

While this is in no way an all-inclusive list of instructions, following these suggestions will put you on a good start to maintaining Land Disposal Restriction compliance. Just make sure to always check with local and state rules as well as 40 CFR for the most up-to-date information.

Another point we cover in our RCRA training seminars are the regulations set by The Department of Transportation in relation to the transportation of hazardous wastes. In creating and enforcing these regulations they have established a working vocabulary that helps describe the types of wastes being moved and the aspects of the wastes that make them dangerous. The top 11 terms are listed and defined below.

Hazardous Material – for transportation purposes, a hazardous material is a substance or material, including a hazardous substance, which has been determined by the Secretary of Transportation to be capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and which has been so designated.

Hazardous Substance – for transportation purposes, a material, including its mixtures and solutions that:

  1. Is listed in the Appendix to the Hazardous Materials Table (HMT) at 49 CFR 172.101;
  2. Is in a quantity, in one package, which equals or exceeds the reportable quantity (RQ) listed in the Appendix to the HMT; and
  3. When in a mixture or solution, is in a concentration by weight which equals or exceeds the concentration corresponding to the RQ of the material, as shown in the following table:

Table

This definition does not apply to petroleum products that are lubricants or fuels.

Hazardous Waste – for transportation purposes, any material that is subject to the Hazardous Waste Manifest Requirements of the U.S. EPA, as specified in 40 CFR Part 262.

Technical Name – a recognized chemical name currently used in scientific and technical handbooks, journals, and texts. Generic descriptions are authorized for use as technical names provided they readily identify the general chemical group. Examples of acceptable generic descriptions are organic phosphate compounds, petroleum aliphatic hydrocarbons, and tertiary amines. Except for names which appear in Subpart B of Part 172 of this subchapter, trade names may not be used as technical names.

RQ – for transportation purposes, the quantity of a hazardous substances listed as its Reportable Quantity in the Appendix to the HMT entitled “List of Hazardous Substances and Reportable Quantities”.

N.O.S. – Not otherwise specified.

Class Or Hazard Class – the category of hazard assigned to a hazardous material under the definitional criteria of 49 CFR Part 173 and the provisions of the HMT at §172.101. A material may meet the defining criteria for more than one hazard class but is assigned to only one hazard class. The nine (9) hazard classes, numbered 1-9, are defined at 49 CFR Part 173. The procedure for determining the classification of a material not specifically identified in the HMT which meets the definition of more than one hazard class is found at §173.2a.

Division – a subdivision of a hazard class.

Primary Hazard – the hazard class of a material as assigned in the HMT at §172.101.

Subsidiary Hazard – any hazard of a material other than the primary hazard.

Packaging Group – a grouping according to the degree of danger presented by hazardous materials. Packing Group I indicates great danger; Packing Group II, medium danger; Packing Group III, minor danger. See 172.101(f).

On Tuesday we covered the first three classes of hazardous waste classes including explosives, gasses, and flammable liquids. Today, we are going to cover the remaining 6 classes as well as the ORM (other regulated materials) definitions. To refresh your memory, a hazard class is the category of hazard assigned to a hazardous material under the definitional criteria of 49 CFR Part 173 and the provisions of the HMT at §172.101. A material may meet the defining criteria for more than one hazard class but is assigned to only one hazard class. That said, read on for the definitional criteria of classes 4-9.

Class 4  

  • Division 4.1 – Flammable Solid – Explosives wetted with sufficient water, alcohol, or plasticizer to explosive properties that when dry are Class 1 explosives and self-reactive explosives that are liable to undergo at normal or elevated temperatures a strongly exothermal decomposition caused by high transport temperatures or by contamination. Also included in this definition are readily combustible solids that may cause a fire through friction, have a burning rate faster than 2.2 mm (0.087 inches) per second, or any ignitable metal powders. Ref. 173.124(a).
  • Division 4.2 – Spontaneously combustible materials – Includes pyrophoric material, which is a liquid or solid that even in small quantities and without an external ignition source can ignite within five minutes after coming into contact with air; and self-heating material, which is liable to self-heat when it comes into contact with air even without an energy source. Ref. 173.124(b).
  • Division 4.3 – Dangerous when wet materials – A material that by contact with water is liable to become spontaneously flammable or to give off flammable or toxic gas at a rate greater than one liter per kilogram of the material per hour. Ref. 173.124(c).

Class 5  

  • Division 5.1 – Oxidizer – A material that may by yielding oxygen cause or enhance the combustion of other materials. Ref. 173.127(a).
  • Division 5.2 – Organic peroxide – Any organic compound containing oxygen in the bivalent -O-O structure and which may be considered a derivative of hydrogen peroxide where one or more of the hydrogen atoms have been replaced by organic radicals, must be classed as an organic peroxide unless: it classifies as an explosive; the predominant hazard of the material is other than from an organic peroxide; the material is forbidden for transport; or the material will not pose a hazard in transport. Ref. 173.128(a).

Class 6  

  • Division 6.1 – Poisonous materials – A material, other than a gas, which is known to be so toxic to humans as to afford a hazard to health during transportation; or the material is presumed to be toxic because there is evidence of oral, dermal, and/or inhalation toxicity in laboratory animals. Ref. 173.132(a).
  • Division 6.2 – Infectious substance or etiologic agent – A viable microorganism, or its toxin, which causes or may cause disease in humans or animals. Ref. 173.134(a).

Class 7  

  • Radioactive Material – Any material, or combination of materials, that spontaneously emits ionizing radiation, and having a specific activity greater than 0.002 microcuries per gram. Ref. 173.403.

Class 8  

  • Corrosive Material – A liquid or solid that causes visible destruction or irreversible alterations in human skin tissue at the site of contact, or a liquid that has a severe corrosion rate on steel or aluminum. Ref. 173.136(a).

Class 9  

  • Miscellaneous hazardous material – A material that presents a hazard during transport but is not included in any other hazard class. Ref. 173.140(a) and (b).

ORM – Other Regulated Materials – A material such as a consumer commodity that, though otherwise subject to DOT regulations, presents a limited hazard during transportation due to its form, quantity and packaging. Ref. 173.144.

In our RCRA training programs, we provide information about the different hazard classes and their divisions, each division has a specific definition of what constitutes that type of material. A hazard class is the category of hazard assigned to a hazardous material under the definitional criteria of 49 CFR Part 173 and the provisions of the HMT at §172.101. A material may meet the defining criteria for more than one hazard class but is assigned to only one hazard class. The nine (9) hazard classes, numbered 1-9, are defined at 49 CFR Part 173. Of these nine classes, some are further broken down into divisions. For your reference, we will be defining these classes and divisions this week. Classes 1-3 are defined below, look for 4-8 on Thursday!

Class 1 – Explosives – Any substance, article, or device, which is designed to function by explosion, i.e., an extremely rapid release of gas and heat, or by chemical reaction within itself is able to function in a similar manner even if not designed to function by explosion, unless such substance or article is otherwise specifically classified.

  • Division 1.1 – Consists of explosives that have a mass explosion hazard. A mass explosion is one which affects almost the entire load instantaneously. (Formerly Class A explosives prior to Jan. 1, 1991). Ref. 173.50(b)(1).
  • Division 1.2 – Consists of explosives that have a projection hazard but not a mass explosion hazard. (Formerly Class A or Class B explosives). Ref. 173.50(b)(2).
  • Division 1.3 – Consists of explosives that have a fire hazard and either a minor blast hazard or minor projection hazard or both, but not a mass explosion hazard. (Formerly Class B explosives). Ref. 173.50(b)(3).
  • Division 1.4 – Consists of explosive devices that present a minor explosion hazard. No device in this division may contain more than 25 g (0.9 ounces) of a detonating material. (Formerly Class C explosives.) Ref. 173.50(b)(4).
  • Division 1.5 – Consists of very insensitive explosives. This division comprises substances which have a mass explosion hazard but are so insensitive that there is very little probability of initiation or of transition from burning to detonation under normal conditions of transport. (Formerly Blasting Agents.) Ref. 173.50(b)(5).
  • Division 1.6 – Consists of extremely insensitive articles which do not have a mass explosive hazard. This division comprises articles which contain only extremely insensitive detonating materials with negligible probability of accidental initiation or propagation. (No previous applicable hazard class.) Ref. 173.50(b)(6).

Class 2 

  • Division 2.1 – Flammable Gas – Material that is a gas at 20°C (68°F) or less and 101.3kPa (14.7 psi) of pressure or a material which has a boiling point of 20°C or less at 101.3 kPa, which is ignitable at 101.3 kPa of pressure when in a mixture of 13 percent or less by volume of air; or has a flammable range at 101.3 kPa with air of at least 12 percent regardless of the lower limit. Ref. 173.115(a).
  • Division 2.2 – Non-flammable, non-poisonous compressed gas – including compressed gas, liquefied gas, pressurized cryogenic gas, and compressed gas in solution. Any material which exerts pressure of 280 kPa (41 psi) at 20°C and does not meet the definition of Division 2.1 or 2.3. Ref. 173.115(b).
  • Division 2.3 – Poisonous Gas – A material which is a gas at 20°C or less and a pressure of 101.3 kPa and which is a material known to be toxic to humans or is presumed to be toxic to laboratory animals and therefore poses a hazard to health during transportation. Ref. 173.115(c).

Class 3

  • Flammable Liquid – Any liquid having a flashpoint of not more than 60°C (140°F), with certain exceptions. Ref. 173.120(a).
  • Combustible Liquid – Any liquid that has a flashpoint above 60°C (140°F) and below 93°C (200°F) and does not meet the definition of any other hazard class. Ref. 173.120(b).