Articles

EPA Grants Authorization to DEP for TC Wastes

By Joseph Dayall

Published in the November 1999 issue of LSPANews (Vol. 6, No. 10), by the LSP Association, Inc. ("LSP" is an acronym for Licensed Site Professional, a.k.a. Hazardous Waste Site Cleanup Professional.)

EPA promulgated a final rule on October 12, 1999 granting Massachusetts authorization for Toxicity Characteristic ("TC") revisions to the hazardous waste ("HW") regulations. 64 Fed. Reg. 55153. The effect of EPAís action is that a person or facility in Massachusetts with TC wastes subject to RCRA will now have to comply with the newly authorized DEP requirements instead of the equivalent EPA requirements in order to comply with RCRA. What is particularly important to LSPís, is that this change allows them to manage TC remediation waste at sites under the same regulatory requirements that apply to D001-D003 characteristic HW and most listed HW.

Previously, RCRA TSDF licensing requirements were applicable to certain remedial actions at sites with TC wastes but not at sites with most other HW. Sometimes the same chemical can be either a TC waste or listed HW depending on what was known (or not known) about its generation prior to being released, sometimes making it difficult to assign the correct HW classification. The delegation of the TC authority to DEP reduces the likelihood of EPA second guessing LSP remedial action plans involving TC wastes.

LSPís still need to be aware of newly listed wastes where EPA has not yet granted approval to DEP. The new rule has no effect on EPA's Land Disposal Restriction ("LDR") treatment standards, which remain in effect. Nor does the new EPA rule have any effect on PCB sites, which EPA regulates separately under TSCA rather than RCRA.

A good reference to consult for further information on treating and disposing of remediation wastes is the course text from the December 1996 LSPA/DEP seminar on Remediation Waste and Remedial Wastewater Management, taught by John Carrigan and Brian Moran of DEP.

Joe Dayall is a member of our Environmental Law Practice Group. He can be contacted at 413/272-6282 or by e-mail at jdayall@bulkley.comjdayall@bulkley.com.