[Home] [Master Table of Contents]

[Table of Contents]

Field Demonstration Work Plan for ESTCP Project 20020 - PIMS

Sections 6 (Implementation Issues), 7 (References), and 8 (Points of Contact)

Section 6 - Implementation Issues

6.1   Environmental Checklist

The TNRCC promulgated rules for classification of waste in 30 TAC Chapter 335 subchapter R. In order to classify CSSA�s soils (e.g., is the soil considered hazardous?), a person who generates a solid waste must determine if that waste is hazardous waste using the following method:

1. First determine if the waste is listed as a hazardous waste in 40 CFR Part 261, Subpart D (such material is referred to as a listed waste);

2. For the purpose of complying with 40 CFR Part 268 or if the waste is not listed as a hazardous waste in 40 CFR Part 261, Subpart D, it must be determined whether the waste is identified in 40 CFR Part 261, Subpart C (referred to as a characteristic hazardous waste), by either:

1. Testing the waste according to methods set forth in 40 CFR Part 261, Subpart C; or

2. Applying knowledge of the hazardous characteristic of the waste in light of the materials or process used, pursuant to 30 TAC 335.511 (relating to Use of Process Knowledge).

The USEPA�s policy for soils (and other environmental media) �[is] not considered a solid waste[s] in the sense of being abandoned, recycled, or inherently waste-like as those terms are defined in the regulations.� Therefore, a mixture of a hazardous waste and soil is not considered a hazardous waste under the �mixture rule� in 40 CFR 261.3 since �mixtures� under 261.3 are mixtures of hazardous waste and solid waste. However, soils contaminated with a listed waste �contains� a hazardous waste until the hazardous waste has been removed from the environmental media. 

USEPA interprets its regulations to require that soils and other environmental media (e.g., groundwater, surface water, and sediments) which contain hazardous waste must be managed as hazardous waste. This policy is known as the �contained-in� interpretation.

The contained-in policy was first articulated in a November 13, 1986 by USEPA memorandum, �RCRA Regulatory Status of Contaminated Groundwater.� It has been updated many times in Federal Register preambles, USEPA memos and correspondence, and detailed discussion in Hazardous Waste Identification Rule (HWIR) for media proposal preamble, 61 FR 18795.

The USEPA generally considers contaminated environmental media to contain hazardous waste:

1. When it exhibits a characteristic of hazardous waste; or

2. When it is contaminated with concentrations, above health-base levels, of hazardous constituents from listed hazardous waste.

Where a facility owner/operator makes a good faith effort to determine if a material is a listed hazardous waste but cannot make such a determination because documentation regarding a source contamination, contaminant, or waste is unavailable or inconclusive, USEPA has stated that it can be assumed that the source, contaminant, or waste is not a listed hazardous waste and, therefore, provided the material in question does not exhibit a characteristic of hazardous waste, RCRA requirements do not apply. This approach was confirmed in the final National Contingency Plan preamble (55 FR 8758).

This approach was also discussed in the HWIR-media proposal preamble (61 FR 18805), where it was expanded to also cover dates of waste disposal. For example, if, after a good faith effort to determine dates of disposal a facility owner/operator is unable to make such a determination because documentation of dates of disposal is unavailable or inconclusive, it may be assumed that disposal occurred prior to the effective date of applicable land disposal restrictions. This is important because if hazardous waste was originally disposed of before the effective dates of applicable land disposal restrictions and media contaminated by the waste are determined not to contain hazardous waste when first generated (i.e., removed from the land, or area of contamination), the media are not subject to RCRA requirements, including land disposal restrictions.

In answering the question �are soils a hazardous waste?� it must be considered whether the soils could contain a listed hazardous waste as specified in 40 CFR 261, Subpart D. It is already assumed that the soils do not contain a characteristic hazardous waste as defined by 40 CFR 261, Subpart C (i.e., does not exhibit a characteristic hazardous waste). This has been confirmed by analytical data generated from soil pile investigation events.

6.2   Other Regulatory Issues

6.2.1   Current and Planned Interactions With Regulators and Public Participation

Regulators have been included in most site meetings, have/are reviewing the field demonstration work plans, and other associated documents and support the PIMS demonstration. NO public participation is required or planned for the future.

6.2.2   Treatment of CSSA Soils

If contaminated environmental media contain hazardous waste, they are subject to all applicable RCRA requirements until they no longer contain hazardous waste. USEPA considers contaminated media to no longer contain hazardous waste when they no longer exhibit a characteristic of hazardous waste, and/or when the concentrations of hazardous constituents from listed hazardous wastes are below health-based levels. Contaminated environmental media that no longer contain hazardous waste are not subject to any RCRA requirements; however, in some circumstances, contaminated environmental media that contained hazardous waste when first generated remain subject to land disposal restrictions treatment requirements even after they no longer contain hazardous waste.

Proposed treatment of the soils is the stabilization of lead. In order to test the treatment of the soils, water will be filtered through the media. The TNRCC considers the action as waste treatment and thus subject to appropriate regulations. During the initial planning process it was envisioned that the waters which were to be filtered could be released either to the land or through a TPDES outfall. After further conversations with the owner of the contaminated soils CSSA is unwilling to modify its permit to allow discharge of the recovered water through either a new outfall or existing outfall. The regulators are also unwilling to allow the generated water to be released into the subsurface. Thus collection of the irrigation water is required along with recycling of the waters. It is anticipated that these irrigation waters will not be regulated and would be discharged upon confirmation that they contain no contamination.

6.3   End-User Issues

It is anticipated that the end users of this technology will include all DoD sites with small arms firing ranges which are closed or abandoned and need an effective and viable option in addressing potential lead contamination resulting from use. Numerous military installations have inactive or abandoned firing range sites that present a potential regulatory concern because of elevated concentration of metals (especially lead) in site soils. Traditionally, these sites have undergone a costly and time consuming multiphase investigation process, including remedial investigation, baseline risk assessment, feasibility study, and remedial design. The purpose of this demonstration is to establish a remedial technology that is potentially more cost effective and efficient than conventional remediation processes (e.g., cement based stabilization).

Section 7 - References

Chen, X.-B., J. V. Wright, J. L. Conca, and L. M. Peurrung (1997) "Evaluation of Heavy Metal Remediation Using Mineral Apatite", Water, Air and Soil Pollution, vol. 98, p. 57-78.

Chen, Xiaobing, Judith. Wright, James L. Conca, and Loni M. Peurrung. 1997. "Effects of pH on Heavy Metal Sorption on Mineral Apatite", Env. Science and Technology, 31:624-631.

James L. Conca, N. Lu, G. Parker, B. Moore, A. Adams, Judith Wright and Paula Heller. 2000. "PIMS - Remediation of Metal Contaminated Waters and Soils", In Proceedings of the Second International Conference on Remediation of Chlorinated and Recalcitrant Compounds, Battelle Memorial Institute, Columbus, Ohio (in press).

Conca, James and Judith Wright. 1999. "PIMS: A Simple Technology for Clean-Up of Heavy Metals and Radionuclides Throughout the World," In Environmental Challenges of Nuclear Disarmament, The Proceedings of the NATO Advanced Research Workshop, Krakow, ed. T.E. Baca, Poland, November 8-13,1998, p. 1-13.

Conca, J. L. (1997) Phosphate-Induced Metal Stabilization (PIMS). Final Report to the U.S. Environmental Protection Agency #68D60023.

Conca, J. L. (1998) Success Mine Apatite Remediation Project. Report to the Idaho State Department of Environmental Quality #QC038900.

Wright, J. V. (1990) �Conodont Apatite: Structure and Geochemistry,� In Biomineralization: Patterns, Processes and Evolutionary Trends, ed. Joseph Carter. Van Nostrand Reinhold, New York, p. 445-459.

Wright, J. V., L. M. Peurrung, T. E. Moody, J. L. Conca, X. Chen, P. P. Didzerekis and E. Wyse (1995) In Situ Immobilization of Heavy metals in Apatite Mineral Formulations, Technical Report to the Strategic Environmental Research and Development Program, Department of Defense, Pacific Northwest Laboratory, Richland, WA.

ES 1994a. Partial Facility Closure Plan, B-20 Detonation Area, Camp Stanley Storage Area, Engineering Science, Inc., Austin, Texas, March 1994.

Parsons ES 1995a. Remediation Investigation Report for B-20 Former Open Burn/Open Detonation Area, Camp Stanley Storage Area, Parsons Engineering Science, Inc., Austin, Texas, June 1995.

USEPA, 1993. Technical Resource Document: Solidification/Stabilization and its Application to Waste Materials, EPA/530/R-93/012, Office of Research and Development, Washington, DC, June, 1993.

USEPA, 1994. Guidance on Residential lead-Based Paint, lead Contamination Dust, and Lead Contaminated Soil. Memorandum from Lynn Goldman, Assistant Administrator, Office of Prevention, Pesticides, and Toxic Substances. July, 1994.

Section 8 - Points of Contact

Table 8.1 - Points of Contact

Dated Signature of Project Lead

_____________________________

Judith Wright

Appendices