Treated Wood Waste Treated Wood Waste Workshop Workshop - - PowerPoint PPT Presentation

Department of Toxic Substances Department of Toxic Substances Control Control 1 1

Treated Wood Waste Treated Wood Waste Workshop Workshop

Alternative Management Alternative Management Standards Standards March 16, 2006 March 16, 2006

Department of Toxic Substances Department of Toxic Substances Control Control 2 2

Treated Wood Waste (TWW) Treated Wood Waste (TWW)

• Treated wood is wood that has been treated with

Treated wood is wood that has been treated with a chemical preservative. a chemical preservative.

• Preservatives are registered pursuant to the

Preservatives are registered pursuant to the Federal Insecticide, Fungicide, and Rodenticide Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and by the California Department of Act (FIFRA) and by the California Department of Pesticide Regulation. Pesticide Regulation.

• Some commonly applied chemicals include

Some commonly applied chemicals include creosote, pentachlorophenol, and chromated creosote, pentachlorophenol, and chromated copper arsenate (CCA). copper arsenate (CCA).

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Sources of Treated Wood Waste Sources of Treated Wood Waste

New Construction Demolition Renovation Yard Waste

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Hazardous Waste Hazardous Waste

• Assembly Bill 1353 addresses only TWW

Assembly Bill 1353 addresses only TWW that is a hazardous waste that is a hazardous waste

• Most TWW exhibits hazardous

Most TWW exhibits hazardous characteristics and is a hazardous waste characteristics and is a hazardous waste subject to California Hazardous Waste subject to California Hazardous Waste Law Law

• If TWW is not a hazardous waste, none of

If TWW is not a hazardous waste, none of this applies this applies

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Hazardous Waste Hazardous Waste

• Hazardous waste

Hazardous waste findings findings

• CCA fails TCLP for

CCA fails TCLP for metals metals

• Total concentration of

Total concentration of pentachlorophenol pentachlorophenol fails toxicity testing fails toxicity testing

• Creosote analysis is

Creosote analysis is not consistent not consistent

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Special TWW Provisions Special TWW Provisions

• Conditional exemption for TWW removed

Conditional exemption for TWW removed from electric, gas, or telephone service from electric, gas, or telephone service

• These proposed regulations for alternative

These proposed regulations for alternative management of TWW when managed in management of TWW when managed in accordance with specified standards accordance with specified standards

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HSC 25150.7 HSC 25150.7

• Defines Treated Wood Waste (b) & (c)

Defines Treated Wood Waste (b) & (c)

• Conditionally exempts TWW from

Conditionally exempts TWW from hazardous waste laws until January 1, hazardous waste laws until January 1, 2007 (e) 2007 (e)

• Established requirements for wholesale

Established requirements for wholesale and retail of Treated Wood products (f) and retail of Treated Wood products (f)

• Voids all DTSC variances for TWW (i)

Voids all DTSC variances for TWW (i)

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HSC 25150.7 HSC 25150.7

• TWW must be disposed to a Class 1

TWW must be disposed to a Class 1 hazardous waste landfill or a composite hazardous waste landfill or a composite-

• lined landfill (d)

lined landfill (d)

• Mandates that DTSC adopt regulations for

Mandates that DTSC adopt regulations for TWW Alternative Standards (g) TWW Alternative Standards (g)

• Allows generators to comply either with

Allows generators to comply either with TWW Alternative Standards or hazardous TWW Alternative Standards or hazardous waste laws (h) waste laws (h)

• This law sunsets June 1, 2012 (l)

This law sunsets June 1, 2012 (l)

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HSC 25150.7(g) HSC 25150.7(g) TWW Alternative Standards shall TWW Alternative Standards shall

• address storage, treatment, transportation,

address storage, treatment, transportation, tracking, disposal to the extent practical tracking, disposal to the extent practical

• prevent releases of hazardous constituents

prevent releases of hazardous constituents

• prevent scavenging

prevent scavenging

• prevent harmful exposure to people, aquatic life,

prevent harmful exposure to people, aquatic life, and animals and animals

• prevent reuse unless is a FIFRA

prevent reuse unless is a FIFRA “ “approved use approved use” ”

• must ensure employees training

must ensure employees training

• size reduction conducted safely to prevent

size reduction conducted safely to prevent releases releases

• sawdust and other particles must be captured

sawdust and other particles must be captured and managed as TWW and managed as TWW

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TWW Alternative Standards TWW Alternative Standards Scope and Applicability Scope and Applicability

Alternative management standards shall Alternative management standards shall apply only to TWW that is: apply only to TWW that is:

• non

non-

• RCRA

RCRA

• hazardous solely due to preservatives

hazardous solely due to preservatives regulated under FIFRA regulated under FIFRA

• not subject to utility service exemption

not subject to utility service exemption

Is the applicability consistent with Health and Is the applicability consistent with Health and Safety Code section 25150.7? Safety Code section 25150.7?

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TWW Alternative Standards TWW Alternative Standards Prohibited Activities Prohibited Activities

TWW managed under the alternative management TWW managed under the alternative management standards shall not be: standards shall not be:

• Burned

Burned

• Scavenged

Scavenged

• Stored in contact with the ground

Stored in contact with the ground

• Disposed, treated, or reused except as specified

Disposed, treated, or reused except as specified Are the prohibited activities consistent with Are the prohibited activities consistent with Health and Safety Code section 25150.7? Health and Safety Code section 25150.7?

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TWW Alternative Standards TWW Alternative Standards Definitions Definitions

• “

“Agent Agent” ”

• “

“Resizing Resizing” ”

• “

“Treated wood Treated wood” ”

• “

“TWW TWW” ”

• “

“TWW consolidation site TWW consolidation site” ”

• “

“TWW remote site TWW remote site” ”

• “

“Unit Unit” ” Are other definitions needed? Are other definitions needed?

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TWW Alternative Standards TWW Alternative Standards Labeling Labeling

The person in control of TWW shall ensure The person in control of TWW shall ensure that each unit of TWW is labeled as that each unit of TWW is labeled as specified specified

• Label must be applied on the first day of

Label must be applied on the first day of generation/accumulation generation/accumulation

• Name, address, date that generation/

Name, address, date that generation/ accumulation commenced, and manifest accumulation commenced, and manifest number on each label number on each label

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TWW Alternative Standards TWW Alternative Standards Labeling Labeling

Should label specifications be included such Should label specifications be included such as font, label size color, etc.? as font, label size color, etc.? Should additional warnings or prohibited Should additional warnings or prohibited activities be included on the label? activities be included on the label? Is there alternative method to communicate Is there alternative method to communicate this information? this information?

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TWW Alternative Standards TWW Alternative Standards Accumulation Accumulation

• Releases to environment are prevented to

Releases to environment are prevented to the extent practical the extent practical

• Access is controlled

Access is controlled

• Accumulation limited to 90 days

Accumulation limited to 90 days

• Self inspection required

Self inspection required

• Generator may hire another party if both

Generator may hire another party if both comply with standards comply with standards

• Businesses handling TWW have additional

Businesses handling TWW have additional requirements requirements

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TWW Alternative Standards TWW Alternative Standards Accumulation Accumulation

block & tarp (elevate ) containerize storage building containment pad (surface)

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TWW Alternative Standards TWW Alternative Standards Accumulation Accumulation

How is TWW being currently managed to meet the How is TWW being currently managed to meet the statutory requirement: statutory requirement: “ “prevent run prevent run-

• on, and run
• n, and run-
• off
• ff”

”, , “ “placed on a surface sufficiently impervious to prevent placed on a surface sufficiently impervious to prevent contact and any leaching to soil or water contact and any leaching to soil or water” ” “ “to the to the extent practical extent practical” ”? ? Are there other options that should be included in Are there other options that should be included in subsection 67386.6(a)(2)? subsection 67386.6(a)(2)? Does the 90 days in subsection (c) provide adequate Does the 90 days in subsection (c) provide adequate time for the accumulation of TWW? time for the accumulation of TWW? Should we revert to a performance standard based on Should we revert to a performance standard based on the statutory language? the statutory language?

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TWW Alternative Standards TWW Alternative Standards Training Training

A business handling TWW shall provide A business handling TWW shall provide training to employees that includes: training to employees that includes:

• Safe handling practices

Safe handling practices

• Requirements of the alternative

Requirements of the alternative management standards management standards

• All applicable CalOSHA requirements

All applicable CalOSHA requirements

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TWW Alternative Standards TWW Alternative Standards Training Training

• AB 1353 Language

AB 1353 Language

• Identifying &

Identifying & Segregating Segregating

– – generator knowledge generator knowledge – – dedicated loads dedicated loads – – tags tags

• Very difficult to separate

Very difficult to separate TWW once at a landfill TWW once at a landfill

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TWW Alternative Standards TWW Alternative Standards Transportation: Generators Transportation: Generators

A person who generates TWW and offers for A person who generates TWW and offers for transport: transport:

• Shall obtain an EPA identification Number

Shall obtain an EPA identification Number

• Shall use a hazardous waste manifest

Shall use a hazardous waste manifest

• May consolidate from offsite

May consolidate from offsite

• May hire another party (agent) who then shares the

May hire another party (agent) who then shares the generators responsibilities generators responsibilities

Exemption: Household generated TWW may be Exemption: Household generated TWW may be transported by a resident without a hazardous transported by a resident without a hazardous waste manifest waste manifest

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TWW Alternative Standards TWW Alternative Standards Transportation Transportation: Transporter : Transporter

A person transporting TWW shall: A person transporting TWW shall:

• Be a registered hazardous waste transporter

Be a registered hazardous waste transporter

• Use a hazardous waste manifest

Use a hazardous waste manifest

• Comply with hazardous waste discharge

Comply with hazardous waste discharge requirements requirements

• Use a TWW consolidated manifest to collect

Use a TWW consolidated manifest to collect from multiple generators from multiple generators

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TWW Alternative Standards TWW Alternative Standards Transportation: Landfills Transportation: Landfills

• Should Material Recycling

Should Material Recycling Facilities ( Facilities (MRFs MRFs) be ) be allowed to accept TWW? allowed to accept TWW?

• Procedures/paperwork?

Procedures/paperwork?

• Issues: legal, land use,

Issues: legal, land use, permitting? permitting?

A landfill receiving TWW shall: A landfill receiving TWW shall:

• Use a hazardous waste manifest

Use a hazardous waste manifest

• Report hazardous waste manifest discrepancies

Report hazardous waste manifest discrepancies

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TWW Alternative Standards TWW Alternative Standards Transportation Transportation

Would alternative tracking mechanisms such Would alternative tracking mechanisms such as asbestos waste shipment records, or the as asbestos waste shipment records, or the used/waste tire manifest program be used/waste tire manifest program be appropriate for TWW? appropriate for TWW? Describe how the generator and DTSC will be Describe how the generator and DTSC will be assured that treated wood waste was properly assured that treated wood waste was properly disposed? disposed?

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TWW Alternative Standards TWW Alternative Standards Treatment Treatment

• Resizing and sorting/segregation are the only

Resizing and sorting/segregation are the only treatment options approved as an alternative treatment options approved as an alternative management standard management standard

• All other treatment of TWW must be approved in

All other treatment of TWW must be approved in accordance with hazardous waste law accordance with hazardous waste law

• When resizing, all sawdust and other particles

When resizing, all sawdust and other particles must be collected and managed as TWW must be collected and managed as TWW

• Businesses treating TWW have additional

Businesses treating TWW have additional training requirements training requirements

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TWW Alternative Standards TWW Alternative Standards Treatment Treatment

Is there a better method to determine what Is there a better method to determine what should be containerize in subsection (a)(2)? should be containerize in subsection (a)(2)? What other physical activities may be What other physical activities may be necessary to facilitate the disposal of TWW? necessary to facilitate the disposal of TWW?

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TWW Alternative Standards TWW Alternative Standards Disposal Disposal

All TWW must be disposed: All TWW must be disposed:

• to a hazardous waste landfill, or

to a hazardous waste landfill, or

• to a composite

to a composite-

• lined solid waste landfill

lined solid waste landfill TWW becomes solid waste if it is accepted TWW becomes solid waste if it is accepted by a landfill meeting specific requirements by a landfill meeting specific requirements

Are the disposal requirements consistent with Are the disposal requirements consistent with Health and Safety Code section 25150.7? Health and Safety Code section 25150.7?

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Additional Landfill Requirements Additional Landfill Requirements 25150.8 25150.8

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Additional Landfill Requirements Additional Landfill Requirements 25150.8 25150.8

• Provision does not sunset on 6/1/2012

Provision does not sunset on 6/1/2012

• Landfill meets requirements under Water Code

Landfill meets requirements under Water Code

• Landfill shall

Landfill shall

• Prevent scavenging

Prevent scavenging

• Ensures compliance with hazardous waste laws or

Ensures compliance with hazardous waste laws or these alternative standards these alternative standards

• If monitoring indicates a release, TWW is not longer

If monitoring indicates a release, TWW is not longer placed in landfill until the release is stopped placed in landfill until the release is stopped

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Draft Timeline Draft Timeline

• Public workshops

Public workshops

• Comments due

Comments due

• Possible additional

Possible additional workshop workshop

• OAL submittal

OAL submittal

• Implementation date

Implementation date March 16, 2006 March 16, 2006 March 30, 2006 March 30, 2006 TBD TBD September 20, 2006 September 20, 2006 January 1, 2007 January 1, 2007

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Conclusions Conclusions

• HSC

HSC § §25150.7 requires DTSC to develop 25150.7 requires DTSC to develop alternative management standards by alternative management standards by January 1, 2007 January 1, 2007

• HSC

HSC § §25150.7 places many restrictions 25150.7 places many restrictions

• n the form and content of the alternative
• n the form and content of the alternative

management standards management standards

• Short timeline,

Short timeline, INPUT NEEDED INPUT NEEDED

• Comments due by March 30, 2006

Comments due by March 30, 2006

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Contacts Contacts

• Edward Nieto

Edward Nieto (916) 322 (916) 322-

• 7893

7893 e en nieto@dtsc.ca.gov ieto@dtsc.ca.gov

• Evelia Rodriguez

Evelia Rodriguez (916) 322 (916) 322-

• 3810

3810 erodrigu@dtsc.ca.gov erodrigu@dtsc.ca.gov

• William Beckman

William Beckman (916) 324 (916) 324-

• 8293

8293

wbeckman@dtsc.ca.gov wbeckman@dtsc.ca.gov