Section 668.45. Treatment standards for hazardous debris.

 

(1)  Hazardous debris shall be treated prior to land disposal unless the department determines under s. NR 661.03 (6) (b) that the debris is no longer contaminated with hazardous waste or the debris is treated to the waste-specific treatment standard provided in this subchapter for the waste contaminating the debris

(a) General. Hazardous debris shall be treated for each "contaminant subject to treatment" defined by sub. (2) using the technology or technologies identified in Table 1.

(b) Characteristic debris. Hazardous debris that exhibits the characteristic of ignitability, corrosivity, or reactivity identified under ss. NR 661.21 , 661.22 and 661.23 , respectively, shall be deactivated by treatment using one of the technologies identified in Table 1.

(c) Mixtures of debris types. The treatment standards of Table 1 shall be achieved for each type of debris contained in a mixture of debris types. If an immobilization technology is used in a treatment train, it shall be the last treatment technology used.

(d) Mixtures of contaminant types. Debris that is contaminated with 2 or more contaminants subject to treatment identified under sub. (2) shall be treated for each contaminant using one or more treatment technologies identified in Table 1. If an immobilization technology is used in a treatment train, it shall be the last treatment technology used.

(e) Waste PCBs. Hazardous debris that is also a waste PCB under 40 CFR 761.3 is subject to the requirements of either 40 CFR 761.3 or the requirements of this section, whichever are more stringent.

(2)  Hazardous debris shall be treated for each "contaminant subject to treatment." The contaminants subject to treatment shall be determined using all of the following criteria:

(a) Toxicity characteristic debris. The contaminants subject to treatment for debris that exhibits the toxicity characteristic (TC) by s. NR 661.24 are those EP constituents for which the debris exhibits the TC toxicity characteristic.

(b) Debris contaminated with listed waste. The contaminants subject to treatment for debris that is contaminated with a prohibited listed hazardous waste are those constituents or wastes for which treatment standards are established for the waste under s. NR 668.40 .

(c) Cyanide reactive debris. Hazardous debris that is reactive because of cyanide shall be treated for cyanide.

(3)  Hazardous debris that has been treated using one of the specified extraction or destruction technologies in Table 1 and that does not exhibit a characteristic of hazardous waste identified under subch. C of ch. NR 661 after treatment is not a hazardous waste and need not be managed in a facility licensed or permitted to accept hazardous waste. Hazardous debris contaminated with a listed waste that is treated by an immobilization technology specified in Table 1 is a hazardous waste and shall be managed in a facility licensed or permitted to accept hazardous waste.

(4)  Treatment residuals shall be treated as follows:

(a) General requirements. Except as provided by pars. (b) and (d) all of the following conditions shall be met:

1. Residue from the treatment of hazardous debris shall be separated from the treated debris using simple physical or mechanical means.

2. Residue from the treatment of hazardous debris is subject to the waste-specific treatment standards provided by subch. D of ch. NR 668 for the waste contaminating the debris.

(b) Nontoxic debris. Residue from the deactivation of ignitable, corrosive or reactive characteristic hazardous debris (other than cyanide-reactive) that is not contaminated with a contaminant subject to treatment defined by sub. (2) , shall be deactivated prior to land disposal and is not subject to the waste-specific treatment standards of subch. D .

(c) Cyanide-reactive debris. Residue from the treatment of debris that is reactive because of cyanide shall meet the treatment standards for D003 in Treatment Standards for Hazardous Wastes in s. NR 668.40 .

(d) Ignitable nonwastewater residue. Ignitable nonwastewater residue containing equal to or greater than 10% total organic carbon is subject to the technology specified in the treatment standard for D001: Ignitable Liquids.

(e) Residue from spalling. Layers of debris removed by spalling are hazardous debris that remain subject to the treatment standards of this section.

Table 1
Alternative Treatment Standards For Hazardous Debris 1 - See PDF for table

1 Hazardous debris shall be treated by either these standards or the waste-specific treatment standards for the waste contaminating the debris. The treatment standards shall be met for each type of debris contained in a mixture of debris types, unless the debris is converted into treatment residue as a result of the treatment process. Debris treatment residuals are subject to the waste-specific treatment standards for the waste contaminating the debris.

2 Contaminant restriction means that the technology is not BDAT for that contaminant. If debris containing a restricted contaminant is treated by the technology, the contaminant shall be subsequently treated by a technology for which it is not restricted in order to be land disposed (and excluded from regulation as hazardous waste).

3 "Clean debris surface" means the surface, when viewed without magnification, shall be free of all visible contaminated soil and hazardous waste except that residual staining from soil and waste consisting of light shadows, slight streaks or minor discolorations, and soil and waste in cracks, crevices and pits may be present if the staining and waste and soil in cracks, crevices and pits shall be limited to no more than 5% of each square inch of surface area.

4 Acids, solvents and chemical reagents may react with some debris and contaminants to form hazardous compounds. For example, acid washing of cyanide-contaminated debris could result in the formation of hydrogen cyanide. Some acids may also react violently with some debris and contaminants, depending on the concentration of the acid and the type of debris and contaminants. Debris treaters should refer to the safety precautions specified in material safety data sheets for various acids to avoid applying an incompatible acid to a particular debris and contamination combination. For example, concentrated sulfuric acid may react violently with certain organic compounds, such as acrylonitrile.

5 If reducing the particle size of debris to meet the treatment standards results in material that no longer meets the 60 mm minimum particle size limit for debris, the material is subject to the waste-specific treatment standards for the waste contaminating the material, unless the debris has been cleaned and separated from contaminated soil and waste prior to size reduction. At a minimum, simple physical or mechanical means shall be used to provide the cleaning and separation of nondebris materials to ensure that the debris surface is free of caked soil, waste or other nondebris material.

6 Dioxin-listed wastes are EPA hazardous waste numbers FO20, FO21, FO22, FO23, FO26 and FO27.

7 Thermal desorption is distinguished from thermal destruction in that the primary purpose of thermal desorption is to volatilize contaminants and to remove them from the treatment chamber for subsequent destruction or other treatment.

8 The demonstration "Equivalent Technology" under s. NR 668.42 (2) shall document that the technology treats contaminants subject to treatment to a level equivalent to that required by the performance and design and operating standards for other technologies in this table such that residual levels of hazardous contaminants will not pose a hazard to human health and the environment absent management controls.

9 Any soil, waste and other nondebris material that remains on the debris surface (or remains mixed with the debris) after treatment is considered a treatment residual that shall be separated from the debris using, at a minimum, simple physical or mechanical means. Examples of simple physical or mechanical means are vibratory or trommel screening or water washing. The debris surface need not be cleaned to a "clean debris surface" as defined in note 3 when separating treated debris from residue; rather, the surface shall be free of caked soil, waste or other nondebris material. Treatment residuals are subject to the waste-specific treatment standards for the waste contaminating the debris.

CR 05-032 : cr. Register July 2006 No. 607 , eff. 8-1-06.