Compliance Corner.

Hazardous Demolition Waste Management Options

If demolition wastes are determined to be hazardous, several options are available under RCRA for managing them. Some of the management options may be implemented onsite, while others will be conducted offsite. A discussion of these on- and offsite demolition waste management options is given in the sections that follow.

Onsite waste management options

If hazardous demolition wastes are generated, they may be managed onsite in units that are discussed in the following five subsections.

Scrap metal containers/yards

During the demolition of a building/structure, metallic wastes will be generated, including structural steel, metal decking/siding/roofing, stairways, handrails, piping and other equipment, etc. §261.6(a)(3)(ii) exempts such scrap metal—even if hazardous (e.g., coated with LBP)—from RCRA regulation if sent for recycling/reclamation. Therefore, it is unnecessary to make a hazardous waste determination (i.e., whether it exhibits a characteristic or is contaminated with listed hazardous waste) for material that meets the definition of scrap metal and will be recycled. [RO 11782, 11806, 11835, 14184]

Thus, bins filled with scrap metal are not subject to “Hazardous Waste” labeling, 90/180/270-day or speculative accumulation clocks, other §§262.16–17 requirements, etc. Similarly, scrap yards are not subject to RCRA signage requirements, liner standards, the speculative accumulation clock, etc.

Conversely, scrap metal to be disposed is not exempt; it is a solid waste, and the generator must determine whether it is hazardous and manage it in one of the four units noted below if it is.

Satellite accumulation units

We see no reason why demolition wastes (such as contaminated PPE, LBP debris) could not be managed in an SAA. The SAA regulations did not envision facilities generating one-time wastes (such as concrete chips from cleaning a floor stain) and essentially abandoning the wastes in an SAA. We are not aware of EPA guidance on this issue. However, we suspect some state agencies may not allow satellite accumulation containers to be used for demolition waste management.

The advantages of managing remediation wastes in SAAs include no accumulation time limit and reduced container standards per §262.15. Alternatively, managing remediation wastes in 90/180/270-day units necessitates an accumulation time limit and more stringent unit standards.

90/180/270-day units

Typically, such 90/180/270-day units would be tanks or containers, and these units would be subject to all of the RCRA requirements when in demolition waste service just as they are when in process waste service. Regulatory requirements for these units when used for accumulation and treatment are in §§262.16–17.

Containment buildings may be used as 90-day accumulation/treatment units [see §262.17(a)(4)] and as 180/270-day units [see §262.16(b)(5)]. These units give generators a way to accumulate/treat hazardous debris without having to obtain a RCRA permit.

Universal waste units

Some hazardous wastes generated during demolition meet the definition of universal wastes and so may be managed under the less-stringent universal waste program. For example, fluorescent lamps, UPS batteries, and mercury thermostats and switches removed from a building slated for demolition may all be managed in universal waste containers in accordance with Part 273, Subpart B or C, depending on whether the facility is a small or large quantity handler of universal waste.

RCRA-permitted units

Although generally used for the treatment, storage, and disposal of process wastes, RCRA-permitted units, such as a hazardous waste container storage area, tank, landfill, or surface impoundment, can be used for the onsite management of hazardous demolition wastes. The requirements for obtaining a RCRA Part B permit for a unit that will manage hazardous demolition wastes are the same as those for permitting a process waste management unit. These requirements are expensive, time-consuming, and trigger other RCRA provisions (e.g., the corrective action program).

Offsite waste management options

In addition to the onsite management options discussed above, hazardous demolition waste may be managed at offsite facilities.

Metallic demolition wastes to scrap metal recycling facility

During the demolition of a building/structure, metallic wastes will be generated, including structural steel, metal decking/siding/roofing, stairways, handrails, piping and other equipment, etc. These metallic wastes—even if hazardous (e.g., coated with LBP)—may be sent to an offsite scrap metal recycling facility without complying with the RCRA Subtitle C program. Thus, offsite shipments of scrap metal are not subject to hazardous waste manifest or LDR paperwork requirements.

Universal wastes to destination facility

All universal wastes generated during demolition may be sent offsite to a universal waste handler for accumulation or to a destination facility for storage, treatment, recycling, or disposal. Offsite shipments of universal waste are not subject to hazardous waste manifest or LDR paperwork requirements.

Nonmetallic demolition wastes to Subtitle C TSDF

Once the scrap metal has been segregated from the nonmetallic hazardous debris, the most likely option for the offsite management of hazardous demolition wastes is to send them to a commercial TSDF. Several TSDFs are RCRA-permitted to accept and treat, store, and dispose of hazardous demolition wastes. If this option is chosen, the generating facility would manage the hazardous demolition wastes just like any other hazardous waste at its facility, and it would comply with all hazardous waste generator requirements, such as 90/180/270-day accumulation and manifesting requirements.

Hazardous demolition waste is subject to the LDR program

Demolition waste will be subject to the LDR program only if 1) it is generated (i.e., components are removed from the building/structure, residues are produced from cleaning/decontaminating the structure, or the structure is demolished), 2) it is hazardous (i.e., it exhibits a characteristic or contains a listed waste), and 3) it will be placed in a land disposal unit. For example, if hazardous debris is generated and will be disposed of in an offsite landfill, it will be subject to the LDR program just like any other hazardous waste. However, EPA developed less-stringent LDR treatment standards for hazardous debris.