From: "Blue Ridge Environmental Defense League"
bredl@skybest.com, on 10/6/2001 7:55 AM:

To: John E. Ely@OAE@DEQ
John Ely
Virginia DEQ


Dear Mr. Ely:

I write to ask for information regarding municipal solid waste testing for hazardous materials.

In 1996 the US EPA completed a Hazardous Waste Characteristics Scoping Study to determine whether the tests for hazardous wastes fully protect public health and the environment. The study clearly showed that the federal testing program allows some hazardous wastes to be disposed of as ordinary solid waste. But EPA has not implemented the changes recommended by the Scoping Study.

For example, EPA's regulations require use of the Toxic Characteristic Leaching Procedure (TCLP) to identify wastes that are toxic. Of the hundreds of toxic chemicals that are used by industry, only 43 are subject to the TCLP test. If none of the 43 specific chemicals are found, but other dangerous toxic chemicals are present, the waste is not considered hazardous and is sent to municipal landfills and municipal incinerators.

Does VDEQ allow the use of TCLP for solid waste?  If so, does it plan to continue to use it?  If TCLP is not used, what other means of testing for toxicity are used?

Thank you in advance for responding to these questions.

Louis Zeller
Blue Ridge Environmental Defense League
BREDL@skybest.com

From: "John E. Ely"
jeely@deq.state.va.us
To: bredl@skybest.com
Cc: "Karen J. Sismour" kjsismour@deq.state.va.us; "Michael J. Dieter" mjdieter@deq.state.va.us; "William P. Hayden" wphayden@deq.state.va.us
Sent: Tuesday, October 09, 2001 8:21 AM
Subject: re: TCLP


Form: Reply
Text: (100 lines follow)
Dear Mr. Zeller:

Thank you for your e-mail of 10/6, in which you asked about the testing of municipal solid wase for hazardous constituents.

By statute, the Virginia Waste Management Board must designate, in accordance with criteria and listings identified under federal statute or regulation, classes, types or lists of waste which it deems to be hazardous (Va. Code Section 10.1-1402(8)).  Therefore, the designation of what is or
is not a hazardous waste must be fully consistent with federal requirements, including the Toxicity Characteristic Leaching Procedure (TCLP).  Virginia regulations incorporate the federal requirements by reference at 9 VAC 20-60-261, and I know of no plans to change.

That said, the Commonwealth's hazardous waste management program does have some elements that are more stringent than the federal requirements.  For example, no hazardous waste from a "conditionally exempt small quantity generator" may not be disposed of in an MSW facility unless the facility is given permission from the Department to receive such waste.  9 Virginia Administrative Code (VAC) 20-60-260 B 5.  Such permission is rarely if ever given.  Thus, hazardous waste from CESQGs in Virginia is generally handled in accordance with the requirements applicable to other hazardous waste.

Relevant requirements are also set out in Virginia's Solid Waste Management Regulations at 9 VAC 20-80-250 C.  That section states that no hazardous wastes or materials offering an undue hazard to landfill personnel or the landfill operations shall be accepted at an MSW facility, except as specifically authorized by the facility permit or by the Director of the Department.  The requirements for facilities to inspect incoming waste loads to detect and prevent disposal of unauthorized waste were strengthened in a regulatory amendment that became effective on May 23 of this year (Id.). As before, materials that require special handling precautions (and are not approved for disposal by regulation or the facility permit) must be separately approved in a "special waste request" under 9 VAC 20-80-630.

The Solid Waste Management Regulaitons are being revised again, and it is anticipated that a draft will be taken to the Virginia Waste Management Board in December (or shortly thereafter).  We have a meeting of a Technical Advisory Committee, as authorized by statute and regulation, to assist in developing amendments for the Board's review.  The next meeting of the TAC is scheduled for this Thursday, October 11th, at 9:00 in the Department's Piedmont Regional Office (the location is also on our website).  You are welcome to come and listen, although those who are not designated as members of the committee may speak only with consent of the committee, as there is much to be done in a short time.  I would be glad to include your name for consideration for future solid waste TACs, if you would like.  If the Board approves changes as proposed regulations, the regulation will be open for public comment, and if you have suggestions for strengthening the regulations, they would be more than welcome then.

All of the regulations may be found through the Department's website: http://www.deq.state.va.us.

I hope this answers your questions.  Please let me know if I can be of further service.

John E. Ely
Office of Waste Programs
Telephone (804)698-4249
Facsimile (804)698-4327