Re: Mixed Waste

[jdelahunt@cc.colorado.edu (John DeLaHunt)]

>     This  person  has discovered and removed (from  the  ground)
>some  old "slag" which contains radioactive material  (radium-225
>and  "perhaps" U-238 and thorium isotopes) AND some heavy  metals
>(lead, tin, copper, magnesium, beryllium etc).
>
>     IS THIS MATERIAL HAZARDOUS WASTE?

If the leachable lead is higher than 5.0 ppm per the Toxic Contaminant
Leachate Procedure (appendix II to 40 CFR 261 or the CA equiv), then
probably so.

>     DOES THIS MATERIAL HAVE TO BE DISPOSED OF/SHIPPED OFF WITHIN
>     90 DAYS?, and

In Colorado, the more stringent rules (of hazwaste/radwaste) apply to mixed
waste.  Probably similiar in CA, but I don't know those rules.  So...

*shrug*

>To digress:
>
>     What  is a solid waste?  40 CFR 261.2 defines a solid  waste
>as any discarded material that is not excluded by 261.4(a)...
>
>     40   CFR  261.4 (Exclusions):  Excludes (a) Materials  which
>are
>not  solid  wastes.   Subsection (4) exempts a  "source,  special
>nuclear  or  byproduct  material" (California  Title  22  66261.4
>(a)(2) gives the same exemption).

These, of course, are referring to specific isotopes, and not slag with a
plethora of hazards.  That is to say, your lead-210 source is not hazardous
waste, but the lead bricks contaminated with plutonium are.

>So:
>
>     As  this  material  does not meet the definition of  a  RCRA
>SOLID  WASTE,  nor  of  a  RCRA HAZARDOUS WASTE,  -  and  -  it's
>RADIOACTIVE,  that  component  should take  precedence  over  the
>metals that it contains.
>
>     Therefore,  the 40 CFR 262.34 "Accumulation Time" specifying
>that  a  generator may accumulate hazardous waste on-site for  90
>days  or  less  without  a  permit  or  without  having   interim
>status..... should not and does not apply.
>
>     What do you think, inquiring minds want to know...

Not in Colorado.  And we pretty much play by Federal rules, even though
we're an agreement state and have a state hazwaste program.

This material (presuming it came from a LQG site) would have to be shipped
offsite in 90 days, or a temporary/interim storage/holding facility permit
drawn, since it (probably) has leachable lead, which makes it a hazardous
waste, which means the 90-day clock is running.

Hope this helps.

John

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