HAZARDOUS

WASTE
MANAGEMENT,
VOLUME I
 HAZARDOUS
WASTE
MANAGEMENT,
VOLUME I

SUKALYAN SENGUPTA
Hazardous Waste Management, Volume I
Copyright © Momentum Press®, LLC, 2018.

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First published in 2018 by

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ISBN-13: 978-1-94561-288-6 (print)

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Momentum Press Environmental Engineering Collection

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 ABSTRACT

Environmental engineers are primarily responsible for restoring hazardous

waste sites to a condition where they will not cause adverse effect to
human health and the environment and for creating a waste-handling
architecture that prevents future industrial wastes from causing any
damage. This book presents a roadmap for hazardous waste management.
Beginning with the legal framework that defines what a hazardous waste is
and when a waste becomes hazardous, a practicing engineer needs to have
a general idea of environmental audits, toxicology, site characterization,
treatment processes, and site-monitoring protocol. In addition, the toxic
compounds of concern may partition into the soil, groundwater, and air.
Thus, any attempt to deal with such a situation requires integration of law,
science, technology, and social policy. This book guides the reader with the
help of numerous solved examples with a clear goal of showing how these
topics are integrated in practice.

KEYWORDS

Carcinogen potency factor, CERCLA, Henry’s constant, no observed

adverse effect level, octanol–water partition coefficient, RCRA, reference
dose, slope factor, solubility product, vapor pressure.
 CONTENTS

LIST OF FIGURES xi
LIST OF TABLES xiii
ACKNOWLEDGMENTS xv
1 HAZARDOUS WASTE LANDSCAPE 1
1.1 Landmark Episodes 1
1.1.1 Rachel Carson’s Silent Spring 1
1.1.2 Minamata Bay Disaster 2
1.1.3 Love Canal 2
1.1.4 Times Beach, Missouri 3
1.2 Regulatory Framework 3
1.2.1 Resource Conservation and Recovery
Act (RCRA) 3
1.2.1.1 Definition of Solid Waste 4
1.2.1.2 General Definition of Hazardous Waste 4
1.2.1.3 RCRA Provisions 5
1.2.1.4 The Mixture Rule 7
1.2.1.5 Derived Waste 7
1.2.1.6 Hazardous Waste Generators—40
CFR Part 262 8
1.2.1.6.1 Categories of Hazardous
Waste Generator 8
1.2.1.7 Transporters—Sec 3003 40 CFR
Part 263 9
1.2.1.8 Treat, Store, Dispose Sec. 3004 40
CFR Part 264, 265, 266, 268 10
viii • CONTENTS

1.2.1.9 1984 Land Disposal Regulations 11

1.2.2 Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) 12
1.2.2.1 Difference between Hazardous Substance
versus Pollutant or Contaminant 13
1.2.2.2 Petroleum Exclusion 13
1.2.2.3 CERCLA Release 13
1.2.2.4 CERCLA Action 14
1.2.2.5 National Contingency Plan 15
1.2.2.6 Site Cleanup Standards 16
1.2.2.7 Definition of an ARAR 17
1.2.2.8 Liability 18
1.2.2.9 Effect of CERCLA on Real Estate and
Business Transactions 19
1.2.2.10 Settlements with Potentially Responsible
Parties (PRPs) 19
1.2.2.11 Contributory Parties (CP) 20
1.2.2.12 Statute of Limitations 20
References 20
2 ENVIRONMENTAL CHEMISTRY 21
2.1 Vapor Pressure 21
2.1.1 Vapor Pressure of a Mixture 21
2.1.2 Relationship of Vapor Pressure with Temperature 23
2.2 Solubility 25
2.2.1 Aqueous Solubility of a Liquid Organic
Compound 26
2.2.2 Aqueous Solubility of a Volatile Organic
Compound 28
2.3 Partitioning 29
2.3.1 Octanol–Water Partition Coefficient 29
2.3.2 Bioconcentration Factor 31
2.4 Sorption 32
References 32
 CONTENTS • ix

3 FATE AND TRANSPORT OF CONTAMINANTS 33

3.1 Groundwater Contaminant Transport 33
3.1.1 Darcy’s Law 33
3.1.2 Diffusion 35
3.1.3 Dispersion 37
3.1.4 Advective–Dispersive Equation 39
3.2 Atmospheric Contaminant Transport 48
References 51
4 TOXICOLOGY 53
4.1 Dose–Response Relationship 53
4.2 Pharmacokinetics 54
4.3 Noncarcinogenic Effects 57
4.4 Carcinogenic Effects 64
References 66
5 RISK ASSESSMENT 69
5.1 Concept of Risk 69
5.2 Hazard Identification 70
5.3 Exposure Assessment 70
5.4 Toxicity Assessment 74
5.5 Risk Characterization 74
References 75
APPENDIX A 77
APPENDIX B 107
APPENDIX C 109
APPENDIX D 111
ABOUT THE AUTHOR 115
INDEX 117
 LIST OF FIGURES

Figure 3.1 Sketch of solute spread over time due to diffusion 36

Figure 3.2 Factors governing longitudinal dispersion at the
scale of individual pores 37
Figure 3.3 Flow paths in a porous medium causing lateral
hydrodynamic dispersion 38
Figure 3.4 Sketch of transport and spread of a solute slug
with time due to advection and dispersion 40
Figure 3.5 Sketch of the atmospheric dispersion model 48
Figure 4.1 A typical dose---response curve for a toxic
substance (Image credit: coep.pharmacy.arizona
.edu/curriculum/tox_basics/teach_tox_slides.ppt) 54
Figure 4.2 Location of NOAEL and LOAEL on a typical
dose–response curve for a toxic agent (Image
credit: NIH) 58
Figure 4.3 Dose–response curve for a complete carcinogen
(Image credit: http://slideplayer.com/slide/
4021950/) 64
 LIST OF TABLES

Table 1.1 RCRA Provisions 4

Table 3.1 Pasquill chart for classifying atmospheric stability
(based on Turner, 1974) 50
 ACKNOWLEDGMENTS

The author expresses his gratitude to Professor Francis Hopcroft, editor,

whose constant support, editorial insights, and frequent reminders helped
complete this book.
The author also owes his students over the past twenty-three years a
debt of gratitude for their comments and questions which helped clarify so
many topics/concepts. From his students, the author learned a lot; this
book would not have been possible without their input.
 CHAPTER 1

HAZARDOUS WASTE
LANDSCAPE

The harmful effects of some of the chemicals used by society were known
from the beginning of early civilizations, but there was no systematic
procedure to deal with this challenge. The problem grew much worse with
the advent of the Industrial Revolution. The quantum leap in industrial
production needed robust methods of resource extraction, and these two
combined to produce huge amounts of toxic wastes. The environmental
and health effects of these activities were not understood or recognized
initially, much less quantified. This was because it took a long time
(decades, even generations) for the effects to be manifested in human
populations in significant numbers and science had not progressed enough
to provide irrefutable explanations for these situations. The 20th century
witnessed some landmark episodes which propelled public sentiment
toward a proactive approach to deal with this situation. Some of these
episodes are presented here in brief. The reader is advised to get additional
information about these instances, which is available from a multitude of
print and online sources.

1.1 LANDMARK EPISODES

1.1.1 RACHEL CARSON’S SILENT SPRING

The Industrial Revolution resulted in mass urbanization, as factories

needed labor force that was located nearby for daily shifts. This resulted in
a massive reduction of farm labor. To maintain the agricultural production
that was needed for an ever-growing population, but with a shrinking farm
2 • HAZARDOUS WASTE MANAGEMENT, VOLUME I

labor force, mechanization of agriculture became a necessity, as did the

increasing use of chemicals and fertilizers in agriculture. In the 1950s,
Rachel Carson focused her attention on the widespread and indiscriminate
use of a particular pesticide, DDT. In her landmark book, Silent Spring
published in 1962, Rachel Carson comprehensively documented how
DDT exposure was associated with many public health and environmental
effects. The book served as a “wake-up call” to enforce measures to deal
with toxic wastes.

1.1.2 MINAMATA BAY DISASTER

In the mid-1950s, doctors in the Minamata Bay area of Japan started

seeing many patients with symptoms of a disease of the central nervous
system. Detailed investigations revealed that a common feature of all the
victims was that they resided in fishing hamlets along the shore of the
Minamata Bay. The primary suspect then was consumption of fish and
shellfish from the bay. Further investigations showed that extremely high
levels of mercury discharged from a local chemical factory had
contaminated the bay and its bioaccumulation (see chapter 2) by fish and
shellfish had resulted in massive amounts of mercury ingestion by the
local population. This epidemic served as another warning to the global
population that aggressive measures were needed to deal with the
discharge of toxic industrial wastes.

1.1.3 LOVE CANAL

Love Canal, situated in the city of Niagara Falls in New York State, was
originally built as a shipping lane in the 1890s, but the plan was
abandoned soon. The defunct canal then became a hazardous waste
disposal site, but was sold to the Niagara School District in 1952. An
elementary school built on this site was soon surrounded by many homes.
In the 1970s, homeowners complained of a strong odor and puddles of oil
or colored liquid in yards and basements. Investigations revealed the
presence of numerous toxic contaminants in the air, groundwater, and soil.
Pioneering reporting by Michael Brown of the Niagara Gazette, who also
documented birth defects and many physical abnormalities among the
residents of this neighborhood, focused national attention on this site.
Public pressure by the community culminated in President Carter
declaring Love Canal to be a federal disaster site in 1978.
 HAZARDOUS WASTE LANDSCAPE • 3

1.1.4 TIMES BEACH, MISSOURI

Times beach was a small community near St. Louis. A local entrepreneur,
Russell Martin Bliss, discovered that spraying of waste oil on his horse
arena and farm controlled dust very well. Impressed with its efficacy, other
farm owners contracted Bliss to spray waste oils on their farms and barns.
Soon, birds began to drop dead and horses started to develop sores, lose
hair, and die. Investigations revealed that the waste oil contained
excessively high levels of dioxins. The Environmental Protection Agency
(EPA) bought all the properties in 1983 and evacuated the residents in 1983.

1.2 REGULATORY FRAMEWORK

As the people became aware of these episodes and numerous others, they
started demanding government action to manage hazardous wastes so that
public health and the environment are protected. The U.S. Congress took a
two-pronged approach in meeting this goal:

1. Managing currently generated hazardous waste

2. Remediation of contaminated sites

The Resource Conservation and Recovery Act (RCRA) of 1976,

along with the Hazardous and Solid Waste Amendments (HSWA) of
1984, was passed to achieve “Cradle to Grave” control of hazardous
waste through regulations on

1. Generators
2. Transporters
3. Owners/Operators of Treatment, Storage or Disposal (TSD)
Facilities.

1.2.1 RESOURCE CONSERVATION AND RECOVERY ACT

(RCRA)

RCRA descended from Solid Waste Disposal Act (1965) and Resource
Recovery Act (1970). These two were primarily concerned with safe
handling, management, and disposal of solid waste, along with
encouragement of waste minimization, waste recycle, and material and
energy conservation.
4 • HAZARDOUS WASTE MANAGEMENT, VOLUME I

1.2.1.1 Definition of Solid Waste

The term “solid waste” means any garbage, refuse, sludge from a waste
treatment plant, water supply treatment plant, or air pollution control
facility and other discarded material, including solid, liquid, semisolid, or
contained gaseous materials resulting from industrial, commercial, mining
and agricultural operations, and from community activities, but does not
include solid or dissolved materials in irrigation return flows or industrial
discharges which are point sources subject to permits under section 402 of
the Federal Water Pollution Control Act, as amended (86 Stat. 880), or
source, special nuclear, or byproduct material as defined by the Atomic
Energy Act of 1954, as amended (68 Stat. 923).

1.2.1.2 General Definition of Hazardous Waste

A solid waste, or combination of solid wastes, which because of its quantity,

concentration, or physical, chemical, or infectious characteristics, may

a. cause, or significantly contribute to, an increase in mortality or an

increase in serious, irreversible, or incapacitating reversible, illness;
or
b. pose a substantial present or potential hazard to human health or
the environment when improperly treated, stored, transported, or
disposed of, or otherwise managed.

Table 1.1 lists the provisions of RCRA. This volume focuses only on
Subtitles A and C.

Table 1.1 RCRA Provisions

Subtitle Provisions
A General Provisions
Office of Solid Waste; Authorities of the Administrator
B
and Interagency Coordinating Committee
C Hazardous Waste
D Nonhazardous Waste
Duties of the Secretary of Commerce in Resource and
E
Recovery
F Federal Responsibilities
 HAZARDOUS WASTE LANDSCAPE • 5

Subtitle Provisions
G Miscellaneous Provisions
Research, Development, Demonstration, and
H
Information
I Regulation of Underground Storage Tanks
Standards for the Tracking And Management of
J
Medical Waste

1.2.1.3 RCRA Provisions

Subtitle A

Goals and objectives of Subtitle A include the following:

1. Generation of hazardous waste to be reduced or eliminated
2. Land disposal should be the least favored method for disposal of
hazardous waste
3. All waste must be handled to minimize present and future threats
to human health and the environment

Subtitle B

The goals and objectives listed in Subtitle A are achieved by the

following:
a. Proper management of hazardous waste
b. Minimization of the generation of hazardous waste
c. Minimization of land disposal of hazardous waste
d. Prohibition of open dumping
e. Encouragement of state assumption of RCRA
f. Encouragement of Research & Development (R&D)
g. Promotion of recovery, recycle, and treatment.

Subtitle C

The procedure for defining a hazardous waste includes the following:

1. A waste listed by EPA in 40 CFR Part 261 Subpart D. This in turn
is comprised of those:
a. From nonspecific sources, i.e., solvents. These are designated
as “F” wastes.
b. From specific sources, i.e., still bottoms. These are designated
as “K” wastes.
6 • HAZARDOUS WASTE MANAGEMENT, VOLUME I

c. Discarded commercial products, off-spec materials, spills of

them, and containers from them. If toxic, they are designated as
Code P; if acutely hazardous, they are designated as Code U.

Please see Appendix A for a partial list of “listed wastes.” RCRA is

triggered whenever any chemical on the list is discarded either on purpose
or by accident. A hazardous waste generator can exercise small volume
generator exemption. A generator can also request delisting of F, K, P, or
U waste if it can prove that the waste is not hazardous, i.e., submit
analysis showing it does not contain waste constituents which are
hazardous or treat the waste to prevent leaching and so on.

2. A waste that exhibits any of four hazardous waste characteristics

in 40 CFR Part 261 Subpart C. The characteristics are as follows:
(1) ignitability; (2) corrosivity; (3) reactivity; and (4) toxicity.
a. Ignitability—capable of causing or making a fire worse during
routine handling. Code D001 is
a.1 nonaqueous liquid, <24 percent alcohol, flashpoint <140°F,
a.2 not a liquid and is capable, under standard temperature
and pressure, of causing fire through friction, absorption
of moisture, or spontaneous chemical changes and, when
ignited, burns so vigorously and persistently that it creates
a hazard,
a.3 ignitable compressed gas as defined by DOT Regulation
49 CFR 173.3, and
a.4 oxidizer as defined by DOT Regulation 49 CFR 173.151.
b. Corrosivity—Code D002
b.1 has pH <2 or >12.5 and
b.2 corrodes steel at the rate of 0.25 inches, or 6.35 mm, per
year.
c. Reactivity—Code D003
c.1 is normally unstable and reacts violently with air,
c.2 reacts violently with water,
c.3 forms potentially explosive mixture with water,
c.4 emits toxic fumes when mixed with water,
c.5 is CN–- or S2–-bearing waste—HCN or H2S,
c.6 explodes when heated or shocked,
c.7 explodes at NTP, and
c.8 is explosive according to 49 CFR 173.51, 173.53, 173.88.
d. Toxicity—Code D004–D017
 HAZARDOUS WASTE LANDSCAPE • 7

This is based on a standard leaching test at low pH. If the leachate

contains any contaminant at 100X the maximum contaminant level (MCL)
in drinking water, the matrix from which it was leached is considered as a
hazardous waste. Two tests that are performed for this purpose are as
follows:

• Extraction procedure (EP) toxicity test

• Toxicity characteristic leaching procedure (TCLP)—zero
headspace extraction

1.2.1.4 The Mixture Rule

Any mixture of a hazardous waste and a nonhazardous waste is considered

as a hazardous waste unless:

1. The mixture does not have hazardous characteristic, i.e., ignitability,

corrosivity, reactivity, and toxicity.
2. Mixture is wastewater + dilute hazardous waste subject to regulations
under the Clean Water Act (CWA).
3. Mixture is de minimis.

It is noted that the mixtures above are exempt only if mixture occurs
during normal production or waste management. The mixture cannot be
intentional dilution.

1.2.1.5 Derived Waste

Any waste that is derived from the treatment, storage, and disposal (TSD)
of a hazardous waste is considered as a hazardous waste. Exceptions
include the following:
The waste can be delisted,

1. if derived from TSD of listed waste,

2. if the derived waste does not exhibit any “characteristic” property,
and
3. if the derived waste is reclaimed from solid waste for beneficial
use, except as fuel or in a manner constituting disposal.
8 • HAZARDOUS WASTE MANAGEMENT, VOLUME I

1.2.1.6 Hazardous Waste Generators—40 CFR Part 262

Generator—person or company which causes or produces a hazardous

waste as defined by 40 CFR Part 261. Explicit for site—i.e., if company
has >1 generation sites, it must meet all applicable regulations,
individually, at each site.
Responsibilities of the Generator: The generator must

1. determine whether any waste is a hazardous waste. Keep test data

for 3 years after the waste is handed to a TSD facility.
2. obtain EPA ID No. The generator cannot handle any hazardous
waste, legally, until and unless a valid ID# is obtained.
3. prepare waste manifest,
a. name and ID of generator, transporter, and TSD facility,
b. describe waste regarding DOT regulations,
c. certify packaging and labeling,
d. certification statement regarding efforts to reduce volume and
toxicity of waste and selection of TSD,
e. exception report if generator does not receive copy of
manifest from transporter/TSD facility (TSDF) in 45 days,
f. package and label waste according to DOT regulation 49 USC
1802. If container is <110 gallons, special regulations need to
be followed.
g. can store on-site waste accumulating to 55 gallons near point
of generation in “satellite accumulation areas.”
h. can store on-site containers and tanks for 90 days without any
TSD permit; but must have secondary containment, personnel
training, emergency planning, and emergency response plan in
place.

Biennial report must include waste minimization efforts as well as

records of all hazardous waste transactions.

1.2.1.6.1 Categories of Hazardous Waste Generator

EPA established three categories of generators based on the amount of

hazardous waste generated:

a. Very small quantity generators (VSQGs): Generate 100 kilograms

or less per month of hazardous waste or one kilogram or less per
month of acutely hazardous waste.
 HAZARDOUS WASTE LANDSCAPE • 9

b. Small quantity generators (SQGs): Generate more than 100 kilograms,

but less than 1,000 kilograms of hazardous waste per month.
c. Large quantity generators (LQGs): Generate 1,000 kilograms per
month or more of hazardous waste or more than one kilogram per
month of acutely hazardous waste.
• LQGs may only accumulate waste on site for 90 days.
• LQGs do not have a limit on the amount of hazardous waste
accumulated on site.
• Hazardous waste generated by LQGs must be managed
in tanks, containers, drip pads, or containment buildings subject
to the requirements found at 40 CFR §§ 262.17(a)(1)-(4).
• LQGs must comply with the hazardous waste manifest require-
ments at 40 CFR Part 262 Subpart B and the pretransport
requirements at 40 CFR §§262.30 through 262.33.
• LQGs must comply with the preparedness, prevention, and
emergency procedure requirements at 40 CFR Part 262 Subpart
M and the land disposal restriction requirements at 40 CFR
Part 268.
• LQGs must submit a biennial hazardous waste report.

1.2.1.7 Transporters—Sec 3003 40 CFR Part 263

A transporter is defined as any person or agency which transports

hazardous waste off the generation site.
The regulations for the transportation of hazardous waste and
hazardous materials are set by the Department of Transportation under the
Hazardous Materials Transport Act. The transporter must obtain an ID
Number. The transporter signs and takes charge of manifest. DOT
regulations cover labeling, marking, placarding, using proper containers,
and reporting spills. When transferring waste, the transporter signs and
dates the manifest, keeps a copy, and gives a copy to the receiver. There is
a three-year time for record storage. The transporter is a generator if it
mixes different wastes in the same container, or imports hazardous waste
from a foreign country.
If a spill occurs during transport, the transporter must

a. take immediate action to protect human health and the environment

b. treat or contain the spill
c. notify the local police and fire department
10 • HAZARDOUS WASTE MANAGEMENT, VOLUME I

d. notify the national response center

e. file a written report

1.2.1.8 Treat, Store, Dispose Sec. 3004 40 CFR Part 264, 265,
266, 268

All TSD facilities must obtain an EPA Registration Number. Regulations

cover the location, design, operation, closure, and general and type-
specific standards.
Treatment is defined as any method to change the physical, chemical,
biological character, or composition of hazardous waste to neutralize,
recover energy, recover material resources, render the waste less hazardous,
render the waste safer to transport, store or dispose of the waste, or reduce
the volume of the waste.
Storage is defined as holding of the hazardous waste for a temporary
period.
A disposal site is defined as a location where waste is intentionally
placed and remains after closure.
Disposal is defined as placing of hazardous waste or hazardous
materials in or at a disposal site.

General Standards for Operating a TSDF include:

1. Obtain a RCRA permit number. TSDFs must receive a permit

before they begin construction to demonstrate they can manage
hazardous waste safely and responsibly. The permitting agency
(i.e., the state or EPA) reviews the permit application and decides
whether to grant or deny the facility a RCRA permit. Permits are
typically granted for a period up to 10 years.
2. Obtain a detailed chemical and physical analysis of the waste from
the generator.
3. Security system—24-hr. surveillance or barrier.
4. Location standards if in seismic or flood plain.
5. TSD personnel receive training in regulations, safety, and
technology.
6. Special care must be taken in handling ignitable, reactive, or
incompatible wastes (§264/265.17). Ignitable and reactive wastes
must be protected from ignition sources. “No Smoking” signs must
be placed where ignitable and reactive wastes are stored and
separate smoking areas must be designated (§264/265.17(a)).
 HAZARDOUS WASTE LANDSCAPE • 11

Owners and operators must also take precautions to prevent waste

reactions (§264/265.17(b)). Owners and operators for whom
§264.17(a) and (b) are applicable must document their compliance
with those sections (§264.17(c)).
7. Safety equipment on site.
8. Contingency plan in case of accident.
9. Record keeping: accept manifest, sign, date, copy to transporter
and generator.
10. Complete record of all shipments and disposition of waste on site
for life of facility.
11. Closure requirements—period from end of waste acceptance to
completion of treatment.
12. Postclosure plan—30 years after. Including groundwater monitoring
and monitoring of waste containment systems.
13. Financial responsibility requirements to insure funds available for
11 and 12.

1.2.1.9 1984 Land Disposal Regulations

The purpose of these regulations is to minimize reliance on land disposal

and encourage advanced treatment and recycling of hazardous wastes. Its
special features include the following:

a. Ban the disposal of noncontainerized liquid in landfills.

b. Minimize the disposal of containerized liquid in landfills.
c. Prohibit the landfill disposal of liquids absorbed in materials that
biodegrade or release liquid when compressed during landfill
operation.
d. Ban the landfill disposal of any hazardous waste unless the best
demonstrated available technology (BDAT) is used to pretreat the
waste.
d.1. Became applicable to dioxin and solvent containing waste by
11/86. BDAT was defined as incineration for dioxin and as
chemical/physical treatment for solvents.
d.2. Ban the land disposal of California list wastes.
d.3. The EPA ranked wastes in terms of hazard and volume, with
the ban going into effect for 1/3 of list at a time.
The last date for the ban to become applicable to any waste was 5/90.
12 • HAZARDOUS WASTE MANAGEMENT, VOLUME I

The ban does not apply to any waste for which the EPA can
demonstrate that the waste poses no threat to human health or the
environment.
The publication of each ban had to include the technology needed to
diminish toxicity and hazard to the point where it is allowable to put the
treated material on land.
These regulations also included “Hammer Provisions” which stated
that if EPA does not meet the schedule, an immediate ban on all land
disposal would go into effect.

1.2.2 COMPREHENSIVE ENVIRONMENTAL RESPONSE,

COMPENSATION, AND LIABILITY ACT (CERCLA)

CERCLA was originally enacted in 1980. It underwent a major revision in

1986 and was called the Superfund Amendments and Reauthorization Act
(SARA). The purpose of CERCLA and SARA is to provide funding and
enforcement authority for the federal cleanup of hazardous waste sites and
for responding to spills of hazardous substances.
CERCLA applies to all media, i.e., air, surface water, groundwater,
and soil and to any type of facility (industrial, commercial, or even
noncommercial). CERCLA is designed to cope with the release or “threat
of release” into the environment of the following:

a. A hazardous substance as defined under CERCLA Section 101(14)

Any substance EPA has designated for special consideration
under the Clean Air Act, the Clean Water Act, the Toxic
Substances Control Act, any substance defined as a hazardous
waste under RCRA, or any substance EPA designates as presenting
a substantial danger to human health or the environment.
All substances that meet any of these definitions are compiled
in a list of hazardous substances in 40 CFR Part 302 (Appendix D
of this book).
Two basic substances excluded are petroleum and gasoline
used for fuel.
b. A pollutant or contaminant under CERCLA 101 (33) is defined as
follows:
Any substance not on the list of hazardous substances which
will, or may reasonably be anticipated to, cause any types of
adverse effects in organisms and their offspring.
The same exclusion applies for petroleum and gas (fuel).
 HAZARDOUS WASTE LANDSCAPE • 13

1.2.2.1 Difference between Hazardous Substance versus

Pollutant or Contaminant

EPA can respond to a release or threat of release of a hazardous substance,

a pollutant, or a contaminant. However, Private Parties are liable for
cleanup costs only for hazardous substances, and Private Parties must
report releases only of hazardous substances. It is noted that, while all
RCRA wastes are regulated under CERCLA, all CERCLA substances are
not RCRA wastes.
CERCLA is much more encompassing because if a substance (not
necessarily a waste) contains any amount of a listed hazardous substance,
it is regulated under CERCLA, whereas to be regulated under RCRA, it
must be defined as a hazardous waste.

1.2.2.2 Petroleum Exclusion:

While the normal constituents of petroleum are on the CERCLA hazardous

substances list, EPA clarified in a 1987 ruling that:

1. The presence of hazardous substances which are normally

indigenous to petroleum does not abrogate or nullify the petroleum
exclusion.
2. Petroleum contaminated with hazardous substances not normally
present or indigenous to petroleum does abrogate the petroleum
exclusion.

1.2.2.3 CERCLA Release

Any entrance into the environment is defined as a release under CERCLA,

except the following:

a. workplace exposure covered by OSHA

b. vehicular engine exhaust
c. radioactive contamination covered by other statutes
d. normal application of fertilizer
e. releases under federal permits from other statutes—Private Parties
are exempt from liability or the need to report releases under
CERCLA, but not under the Federal Statute under which the
permit was issued.
14 • HAZARDOUS WASTE MANAGEMENT, VOLUME I

1.2.2.4 CERCLA Action

Sec. 104—In the event of a release, or the substantial threat of a release,

of a hazardous substance, a pollutant, or a contaminant which may present
an imminent and substantial danger, EPA is authorized to undertake
removal/remediation actions to minimize or remove the threat.
Removal—short-term response (fix dike, build wall, and so on)
Remediation: long-term response (eliminate hazard from site)
Removal limit—12 months, $2 million, unless performed by
potentially responsible party (PRP)
Prerequisites to EPA action

1. If the PRP will not, or cannot, carry out remediation, the state must
agree to share costs with EPA.
The state share is required to be at least 50 percent if the
release is on a state operated site.
The state share is required to be at least 10 percent if the
release is on a private site.
2. The site must be on National Priority List.
Section 105 requires EPA to develop criteria for establishing
priorities among sites needing remediation.

The National Priorities List (NPL) is the list of hazardous waste sites
in the United States that are eligible for long-term remedial action
(cleanup) financed under the federal Superfund program. EPA regulations
define a formal process for assessing hazardous waste sites and
determining whether a particular site should be placed on the NPL or not.
The process of placing a site under NPL is triggered when EPA
receives a report of a potentially hazardous waste site from an individual,
state government, or responsible federal agency. EPA first enters the
potentially contaminated facility into a database known as the Compre-
hensive Environmental Response, Compensation, and Liability Information
System (CERCLIS). Following this, EPA or the state environmental
regulatory agency in which the potentially contaminated facility is located,
conducts a preliminary assessment. The objective of this preliminary
assessment is to decide whether the facility poses a threat to human health
and/or the environment. If the preliminary assessment shows the possibility
of contamination, EPA or the state environmental regulatory agency
conducts a more detailed site inspection. EPA then uses the Hazard
Ranking System (HRS) to review any available data on the site to
determine whether its environmental or health risks are enough to qualify
 HAZARDOUS WASTE LANDSCAPE • 15

the facility for a Superfund cleanup. Generally, a facility with an overall

score of 28.50 or greater on the HRS is eligible to be placed on the NPL.
An additional pathway for a site to be placed on the NPL is if a state
or territory designates one top-priority site within its jurisdiction,
regardless of the site’s HRS score.
Finally, a site can also be included in the NPL if it meets the
following three requirements:

1. The Agency for Toxic Substances and Disease Registry (ATSDR)

has issued a health advisory that recommends removing people
from the facility.
2. EPA determines that the site poses a significant threat to public
health.
3. EPA believes that it will be more cost-effective to use its remedial
authority (which is only available at NPL facilities) than to use its
emergency removal authority in responding to the facility.

As of May 16, 2017, the latest date for which information is available,
there are 1336 NPL sites (1179 Non-Federal and 157 Federal) with 53
“Proposed NPL sites” (50 Non-Federal and 3 Federal).

1.2.2.5 National Contingency Plan

The National Contingency Plan (NCP) sets forth procedures and standards
for cleanup of hazardous waste sites. The NCP establishes the framework
for preliminary assessments, site investigations, the HRS, the NPL, and
the requirements for remediation and removal.
Steps in Remedial Process

1. Remedial Investigation/Feasibility Report (RI/FS)

2. Selection of Remedy in Record of Decision (ROD)

Can do for site as a whole, or breakup the site into several operable
units (OU). Each OU will have a separate RI/FS and ROD

The RI outcome must:

a. identify the source of the contamination

b. identify the extent of the contamination
c. identify the pathways for release of the contaminant to the
environment
d. identify the extent of human and environmental exposure
16 • HAZARDOUS WASTE MANAGEMENT, VOLUME I

Data from the RI provide the basis for the evaluation of various
remedial alternatives during the FS phase.
The FS identifies and develops specific engineering and construction
alternatives for cleaning up the site, including costs, feasibility, and
environmental impacts expected to be associated with the remedial activities.
An RI/FS generally requires more than 1 year and can cost several
million dollars.
A work plan is required to precede the RI/FS. The work plan provides
details on:
The type and number of samples to be collected of various media, the
location, depth, and number of monitoring wells to be installed, the
timing for accomplishing certain tasks, and generally the degree to
which the site will be studied and how alternatives will be developed.
The resulting ROD is a decision document in which EPA explains its
selection of remedial activity to be undertaken at a site. A preliminary
ROD must have public comment and public participation. To insure
participation, EPA can give grants of up to $50,000 to facilitate public
participation (CERCLA Section 117).
A ROD must also have significant state involvement throughout its
development (CERCLA Sec. 121).

1.2.2.6 Site Cleanup Standards

This set of standards answers the question, “How clean is clean?” General
guidelines by SARA (1986) include the following:
1. protect human health and the environment
2. attain “Applicable” or “Relevant and Appropriate” Requirements
(ARARs)
3. be cost-effective
4. utilize permanent solutions, treatment technology, or resource
recovery to the maximum extent practicable
In considering alternatives in the ROD, EPA must consider the
following:
• the goals and requirements of RCRA,
• the uncertainties and the availability of land disposal under RCRA,
• the persistence, toxicity, mobility, and tendency of the subject
contaminants to bioaccumulate,
 HAZARDOUS WASTE LANDSCAPE • 17

• the short-term and long-term threats to human health,

• the long-term maintenance costs of the proposed solutions,
• the potential for future cleanup costs if the remedy was to fail, and
• the potential threat to human health and the environment associated
with excavation, transportation, redisposal, or containment of the
subject contaminants.

1.2.2.7 Definition of an ARAR

An ARAR is defined under CERCLA as follows:

1. Any standard from any other federal environmental law or

regulation
2. For contamination which remains, or is expected to remain, on site,
state standards which are stricter than the applicable CERCLA
standards
3. Federal water quality criteria (FWQC) and maximum contaminant
level goals (MCLG) which are stricter than the applicable CERCLA
standards

ARAR can be based on health or risk-based standards for water, air, or

soil. It can also be location specific, e.g., ARAR for a site on a floodplain
can be different from that of a site which is not (in a floodplain). ARAR
can also specify a technology to be used at a particular site to achieve
cleanup standards.
The result of any acceptable ARAR is to require cleanup far in excess
of the most cost-effective technology. For example, if 1 million gives
protection level 10 and 10 million gives protection to level 10.5, but ARAR
requires 10.5, there is no option but to adopt the more expensive solution.
Cleanup regulations are developed from Sec. 121 of CERCLA. Some
pertinent rules are as follows:

1. Treatment is strongly preferred over off-site disposal or leaving the

contaminants in place. Off-site transport and disposal is allowed if
a. the disposal site is not releasing any hazardous waste to soil,
groundwater, or surface water, and
b. all activities at the cleanup site are under an approved RCRA
corrective action program
2. EPA must
a. review each remediated site every 5 years
18 • HAZARDOUS WASTE MANAGEMENT, VOLUME I

b. take action at these sites in the future when warranted

(if regulations change) and
c. report to Congress on all sites, reviews, and actions.

Exceptions to the ARAR Rules:

a. the selected action is only part of a total remedial action that will
comply with the ARAR requirements when completed
b. compliance with the ARAR requirements would present greater
health/environmental risks than alternative options
c. compliance with the ARAR requirements is “technically impracticable
from an engineering perspective”
d. the selected remedy will attain a “standard of performance” which
is “equivalent” to an ARAR required standard through use of
another “method or approach”
e. with respect to a state requirement, the state has not demonstrated
consistent application of the requirement in similar circumstances
f. where the remedy is to be CERCLA fund financed (as opposed to
private-party financed), meeting the ARAR standard would not
provide “balance” between the need for cleanup at the site in
question considering the amount of fund resources that must be
utilized at other sites in need of cleanup

1.2.2.8 Liability

Parties that are potentially liable for cleanup costs include the following:

1. present and past site owners

2. parties who transported waste to the site, even in de minimis
amounts and even if the site was legally licensed to accept the
wastes at the time of disposal at the site
3. generators who arranged for wastes to be disposed or treated, either
directly with an owner/operator, or indirectly with a transporter

Nature of liability:

1. Retroactive: to actions prior to CERCLA

2. Strict: liability need not be proven
3. Joint and several: one party out of many may be held liable for
more than his share under any fair allocation, and may, in fact, be
held liable for the entire site cleanup
 HAZARDOUS WASTE LANDSCAPE • 19

4. Liability is for cleanup costs and natural resource damage from

substances which have escaped. Natural resource damages are
determined by regulations of the Department of Interior 40 CFR
300.72-300.74.

1986 Amendments

1. Exempts state or local government from liability if property is

taken by involuntary actions, i.e., tax delinquencies, abandonments,
and so on.
2. Owners of facilities acquired after all disposal has taken place and
all reasonable efforts were made by present owners to determine
whether hazardous wastes and so on were on site.

1.2.2.9 Effect of CERCLA on Real Estate and Business

Transactions

In property transfers, all businesses should have site assessments done to

determine whether the site is clean prior to sale. Many states now require
the same. If the site is not clean, the purchasing company will acquire
liability unless the contract with the seller states otherwise. In addition, if
Company A buys Company B, it acquires the generator liability at any site
Company B sent wastes to unless the purchase contract states otherwise.

1.2.2.10 Settlements with Potentially Responsible Parties (PRPs)

EPA can

1. conduct the cleanup using Superfund money and then sue the PRP
under Sec. 107
2. compel the PRP to conduct the cleanup under Sec. 106
3. arrive at a settlement for the PRP to pay for a portion of the cleanup

A modification in 1985 relaxed the settlement policy to:

1. Negotiate for a substantial portion of the total costs

2. Allow use of Superfund money for “orphan shares (OS),” which
are defined as the portion of the wastes for which no PRP can be
found, or all PRPs are insolvent, unknown, dead, or judgment
proof
20 • HAZARDOUS WASTE MANAGEMENT, VOLUME I

3. Willingness to accept “De Minimis” Contributors’ Cash-Out settle-

ments by minor parties by making an early cash payment to EPA
4. “Release” from Liability or “covenant not to sue” with respect to
potential future liabilities
5. The “Release from liability” or “Covenant not to sue” is not final.
Settlement for cleanup at a Superfund site is subject to a
“Reopener” by EPA, if
a. previously unknown conditions are discovered
b. additional scientific information becomes available about the
conditions known at the time of the agreement

1.2.2.11 Contributory Parties (CP)

If EPA only sues some of the PRPs, the others (CP) can be brought into
the suit by the original defendants.
If a party has settled with the EPA for its contribution to a site, it
cannot be brought into a subsequent suit by other defendants.

1.2.2.12 Statute of Limitations

With respect to EPA cost recovery actions,

a. EPA must bring a suit within three years after “completion of the
removal” for removal actions,
b. initial cost recovery action must be commenced by EPA within
6 years after initiation of physical on-site construction for remedial
action, and
c. subsequent actions must be initiated within 3 years after the date of
completion of all responsible action.

REFERENCES
1. LaGrega, M. D., Buckingham, P. L., and Evans, J. C. (2010). Hazardous Waste
Management. Long Grove, IL: Waveland Press.
2. https://www.epa.gov/rcra/resource-conservation-and-recovery-act-rcra-
regulations. Accessed June 30, 2017.
3. https://www.epa.gov/superfund/superfund-cercla-overview. Accessed June 30,
2017.
4. https://www.epa.gov/superfund/superfund-amendments-and-reauthorization-
act-sara. Accessed June 30, 2017.
 INDEX
A C
Acceptable daily intake (ADI), 59
Advective–dispersive equation,
39–44
example of, 44–47
Agency for Toxic Substances and
Disease Registry (ATSDR), 15
“Applicable” or “Relevant and
Appropriate” Requirements
(ARARs), 16
defined, 17–18
Aqueous solubility
defined, 25
of liquid organic compound,
26–27
of volatile organic compound,
28–29
Arsenic
Integrated Risk Information
System for, 61–62
toxic effect of, 60
Atmospheric contaminant
transport, 48–51
Atomic Energy Act, 4
B limitations, statute of, 20
Background risk, 70
Best demonstrated available
technology (BDAT), for
hazardous waste, 11
Bioconcentration Factor (BCF),
31–32
Bliss, Russell Martin, 3
Carbon tetrachloride, toxic effect
of, 57
Carcinogenic effects, 64–66
Carcinogenic risk, 75
Carson, Rachel, 1–2
Chemistry, environmental
partitioning
Bioconcentration Factor,
31–32
octanol–water partition
coefficient, 29–30
solubility. See Solubility
sorption, 32
vapor pressure. See Vapor
pressure
Comprehensive Environmental
Response, Compensation, and
Liability Act (CERCLA), 12–20
action, 14
ARAR, definition of, 17–18
contributory parties, 20
hazardous substance versus
pollutant/contaminant, 13
liability, 18–19
National Contingency Plan,
15–16
petroleum exclusion, 13
potentially responsible parties,
settlements with, 19–20
real estate and business
transactions, effect of, 19
118 • INDEX
release, 13
site cleanup standards, 16–17
Comprehensive Environmental
Response, Compensation, and
Liability Information System
(CERCLIS), 14
Contaminants, fate and transport
of
atmospheric. See Atmospheric
contaminant transport
groundwater. See Groundwater
contaminant transport
Contributory Parties (CP), 20
Corrosivity, hazardous waste
characteristics, 6
D Fick’s first law, 35
Dalton’s law, 22
Darcy’s law, 33–35
DDT, pesticide, 2
Diffusion, 35–36
Dioxins, 3
Dispersion, 37–39
longitudinal, 37
mechanical, 37
transverse, 38
Dose, defined, 53
Dose–response relationship,
53–54
for carcinogen, 64–65
for noncarcinogens, 57–59
E
Environmental Protection Agency
(EPA), 3
in 40 CFR Part 261 Subpart D,
5–6
contributory parties, 20
Hazard Ranking System, 14–15
hazardous waste generator,
categories of, 8–9
limitations, statute of, 20
National Priorities List, 14–15
noncarcinogenic risk, in
hazardous waste site
example of, 61–64
preliminary assessment, 62
potentially responsible parties,
settlements with, 19–20
reference dose, 59–60
Exposure assessment, 70–73
Extraction procedure (EP) toxicity
test, 7
F
Federal Water Pollution Control
Act, 4
Federal water quality criteria
(FWQC), 17
Fick’s second law, 35–36
Framework, regulatory, for
hazardous waste management,
3–20
G
Generators, hazardous waste, 8
Groundwater contaminant
transport
advective–dispersive equation,
39–44
example of, 44–47
Darcy’s law in, 33–35
diffusion, 35–36
dispersion, 37–39
H
Hammer Provisions, 12
Hazard identification, 70
Hazard index (HI), 74
Hazard Ranking System (HRS),
14–15
Hazardous and Solid Waste
Amendments (HSWA), 3
Hazardous Materials Transport
Act, 9

Hazardous substance
defined, 12
versus pollutant/contaminant,
13
thermodynamic and
environmental dates for, 107
Hazardous waste
characteristics of, 6–7
definition of, 4, 5–6
generators, 8–9
Industrial Revolution, 1–2
landscape
landmark episodes, 1–3
regulatory framework, 3–20
from nonspecific sources
(“F” wastes), 80–87
“P” wastes, partial list of,
101–103
risk assessment. See Risk
assessment
from specific sources
(“K” wastes)
coking, 100–101
explosives, 98
ink formulation, 100
inorganic chemicals, 95–96
inorganic pigments, 88
iron and steel, 99
organic chemicals, 88–95
pesticides, 96–97
petroleum refining, 98–99
primary aluminum, 99
veterinary pharmaceuticals,
99–100
wood preservation, 88
transporters, 9–10
treatment, storage, and disposal
facilities, 10–11
“U” wastes, partial list of,
103–106
Henry’s law, 28
Hydrodynamic dispersion, 39–40
coefficient, 39
INDEX • 119
I
Ignitability, hazardous waste
characteristics, 6
Incremental risk, 70
Industrial Revolution, and
hazardous waste, 1–2
Integrated Risk Information
System (IRIS), for arsenic,
61–62
L
Large quantity generators (LQGs),
9
Lead, toxic effect of, 57
Liability, 18
nature of, 18–19
1986 Amendments, 19
Longitudinal dispersion, 37
Love Canal disaster, 2
Lowest-observed-adverse-effect
level (LOAEL), 58
Lowest-observed-effect level
(LOEL). See Lowest-observed-
adverse-effect level (LOAEL)
M
Mass conversation, law of, 43
Maximum contaminant level goals
(MCLG), 17
Mechanical dispersion, 37
Mercury, 2
Minamata Bay disaster, 2
example of, 56
Missouri, Times beach, 3
Molecular diffusion. See Diffusion
N
National Contingency Plan (NCP),
15–16
National Priorities List (NPL),
14–15
1984 land disposal regulations,
11–12
120 • INDEX
No-observed-adverse-effect level
(NOAEL), 54, 57–60
No-observed-effect level (NOEL).
See No-observed-adverse-
effect level (NOAEL)
Noncarcinogenic effects, 57–60
example of, 61–64
Noncarcinogenic risk, 74
O provisions of, 4–5
Octanol–water partition
coefficient, 29–30
P solid waste, 4
Petroleum exclusion, in
CERCLA, 13
Pharmacokinetics, 54–56
Pollutant/contaminant
defined, 12
versus hazardous substance,
13
Potentially responsible party
(PRP), 14
settlements with, 19–20
R Risk, concept of, 69–70
Carson, Rachel, 1–2
Raoult’s law, 21–22
Reactivity, hazardous waste
characteristics, 6
Real estate and business
transactions, effect of
CERCLA on, 19
Record of Decision (ROD),
15–17
Reference dose (RfD), 59
oral and inhalation, 109
standard procedure for
determining, 59–60
Remedial Investigation/Feasibility
Report (RI/FS), 15–16
Resource Conservation and
Recovery Act (RCRA), 3–12
derived waste, 7
hazardous waste, 4
generators, 8–9
transporters, 9–10
treatment, storage, and
disposal facilities, 10–11
mixture rule, 7
1984 land disposal regulations,
11–12
Subtitle A, 5
Subtitle B, 5
Subtitle C, 5–7
Resource Recovery Act, 3
Risk assessment
concept of risk, 69–70
exposure assessment, 70–71
example of, 71–73
hazard identification, 70
risk characterization, 74
example of, 74–75
toxicity assessment, 74
Risk characterization, 74
example of, 74–75
S
Silent spring, 1–2
Slope factors, oral and inhalation,
109
Small quantity generators
(SQGs), 9
Solid waste, definition of, 4
Solid Waste Disposal Act, 3
Solubility
defined, 25
liquid organic compound,
aqueous solubility of, 26–27
volatile organic compound,
aqueous solubility of, 28–29
Sorbate, 32
Sorbent, 32
 INDEX • 121

Sorption, 32 Toxicology
Subtitle A, RCRA provisions, 5 carcinogenic effects, 64–66
Subtitle B, RCRA provisions, 5 dose–response relationship,
Subtitle C, RCRA provisions, 53–54
5–7 noncarcinogenic effects, 57–60
Superfund Amendments and example of, 61–64
Reauthorization Act pharmacokinetics, 54–56
(SARA), 12 Transverse dispersion, 38
general guidelines, 16 Treatment, storage, and disposal
facilities (TSDF), for
T hazardous waste, 10–11
Times beach, Missouri, 3
Total risk, 70 V
Toxicity Vapor pressure
assessment, 74 defined, 21
hazardous waste characteristics, of mixture, 21–23
6–7 relationship with temperature,
maximum concentration of 23–25
contaminants for, 77–79 Very small quantity generators
Toxicity characteristic leaching (VSQGs), 8
procedure (TCLP) test, 7,
77–78 W
Toxicokinetics. See World Health Organization
Pharmacokinetics (WHO), 59
 OTHER TITLES IN OUR ENVIRONMENTAL
ENGINEERING COLLECTION
Francis J. Hopcroft, Wentworth Institute of Technology, Editor
• Engineering Economics for Environmental Engineers by Francis J. Hopcroft
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• Environmental Engineering Dictionary of Technical Terms and Phrases: English to Farsi
and Farsi to English by Francis J. Hopcroft and Nima Faraji
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Turkish and Turkish to English by Francis J. Hopcroft and A. Ugur Akinci
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Vietnamese and Vietnamese to English by Francis J. Hopcroft and Minh N. Nguyen
• Environmental Engineering Dictionary of Technical Terms and Phrases: English to
Hungarian and Hungarian to English by Francis J. Hopcroft and Gergely Sirokman
• Management of Environmental Impacts by Alandra Kahl
• Environmental Engineering Dictionary of Technical Terms and Phrases: English to Greek
and Greek to English by Francis Hopcroft and Michos Georgios

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