McMorsel: Looks can be deceiving.

Risk versus technology.

One common source of confusion in environmental regulations is risk versus technology. Perhaps the easiest place to see this is in various standards established under these programs. One good example is the RCRA toxicity characteristic [§261.24] versus the land disposal restrictions universal treatment standards [§268.48].

Toxicity characterisitic levels were set at 100 times the maximum contaminant levels (MCLs) established under the Safe Drinkling Water Act. MCLs are risk-based standards, and the toxicity characteristic levels were derived from them. On the other hand, universal treatment standards (UTS) are based on how well hazardous wastes can be treated using best demonstrated available technology (BDAT). UTS are technology-based standards that do not consider risk. Thus, even though these two types of standards look similar and may apply to the same waste, they are very different and apply in different ways.

Toxicity characteristic levels are used during hazardous waste characterization to determine whether or not a waste exhibits the toxicity characteristic. UTS are used to ensure that hazardous wastes are treated suffiently before land disposal. As a result of how these standards were developed, the UTS are generally more-stringent than the toxicity characteristic levels for the same consituents, which can create confusion. But not if you know that the standards are unrelated. For more compliance morsels, visit our website.

McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with any guidance provided above. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which such guidance may conflict. Any guidance above is general in nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with environmental regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.