Page 58 - Highway Engineering Handbook Building and Rehabilitating the Infrastructure

ENVIRONMENTAL ISSUES 41

TABLE 1.11 Pertinent Regulations of the Resource Conservation and Recovery Act (RCRA)
RCRA regulation Description of regulation
40 CFR 260 Hazardous waste management system
40 CFR 262 Standards applicable to generators of hazardous waste
40 CFR 261 Identification and listing of hazardous waste
40 CFR 268 Land disposal restrictions (land ban)
40 CFR 263 Standards applicable to transporters of hazardous waste

TABLE 1.12 RCRA Toxicity Characteristics and Waste Limits
RCRA waste number Characteristic Waste limit, ppm*
D001 Ignitability
D002 Corrosivity pH 2; pH 12.5
D003 Reactivity
D004 Arsenic toxicity 5.0
D005 Barium toxicity 100.0
D006 Cadmium toxicity 1.0
D007 Chromium toxicity 5.0
D008 Lead toxicity 5.0
D009 Mercury toxicity 0.2
D010 Selenium toxicity 1.0
D011 Silver toxicity 5.0
*Corrosivity is measured in pH units.
Source: Based on Table 1 of 40 CFR 261.24.

using the TCLP testing method, if 5.0 mg/L or more of lead can be extracted from debris,
the debris would be considered to be toxic and hazardous.
EPA regulates the amount of hazardous substances and waste that can be released into
the environment under both CERCLA and SARA. Under these requirements, an owner is
required to contain lead-based paint removed from a structure. A response could be initi-
ated at a paint removal project if improper containment of dust or debris results in a release
of lead to the environment. A reportable quantity of released leaded waste is 10 lb (4.5 kg).
The report must be made to the National Response Center [(800) 424-8802] and to state and
local regulatory authorities within 24 hours. The calculations presented in Table 1.13
demonstrate how to estimate the unit area of paint on a bridge surface that would equate to
a reportable CERCLA release of lead.
CERLA and SARA regulations are found in 40 CPR 300 through 373. Discharges into
the air and water area are also regulated by the CAA and CWA, respectively. EPA has man-
dated enforcement of regulations to the states, leading to nonuniformity in the procedures
to be followed and the stringency of requirements. Permits for blasting are required in some
states but not others.
Because of the joint and several liability provision of CERCLA, it is possible that any
one generator (or responsible party) may be liable for the entire waste disposal site cleanup.
This is true even if there is no negligence on the part of the highway agency or its contrac-
tors. Regulatory agencies do not recognize contractual obligations among responsible
parties and will seek financial compensation from whoever has funds and can be connected
to the contamination.
OSHA also has established several regulations applicable to worker protection during
lead paint removal. These regulations are summarized in Table 1.14.