Review of Secondary Waste Disposal Planning for the Blue Grass and Pueblo Chemical Agent Destruction Pilot Plants (2008)

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3 Regulatory Requirements Applicable to BGCAPP and PCAPP Secondary Waste Management This chapter describes federal and state regulations in this report is also governed by the TSDF regulations and relevant to secondary waste management at BGCAPP and requirements established by the respective states in which PCAPP that must be satisfied and examines compliance these facilities are located. with these requirements at the time this report was being prepared. Waste Characteristics and Listing There are two types of regulated hazardous waste: Federal REGULATORY FRAMEWORK FOR BGCAPP “characteristic” wastes and “listed” wastes. A solid waste is AND PCAPP OPERATIONS classified as a characteristic hazardous waste if it exhibits any The accumulation, treatment, storage, and disposal of of the following properties: ignitability, corrosivity, toxicity, hazardous wastes are regulated under the Resource Con- or reactivity. A solid waste is a “listed” hazardous waste if servation and Recovery Act (RCRA) and the Hazardous it is specifically listed by the EPA or a state regulatory body Solid Waste Amendments of 1984. Wastes derived from based on established criteria (40 CFR 261.11). the management and destruction of chemical agents and Phosgene is the only chemical agent that is a listed munitionsi.e., “secondary wastes”must be assessed hazardous waste under the federal RCRA program. It is against them and the applicable state regulations, and, if listed in the category “acute hazardous waste, commercial determined to be hazardous, must be managed under them. chemical, or manufacturing chemical intermediate” (Hazard- The U.S. Environmental Protection Agency (EPA) ous Waste Code P095). Mustard agent is the only chemical authorizes states to regulate hazardous wastes within their agent included as a hazardous constituent under 40 CFR borders under RCRA using provisions that are no less strin- 261.11. Therefore, it can be considered for listing by the gent than the requirements adopted by the EPA (40 CFR EPA or state regulatory authorities, but it is not currently a 271). Kentucky and Colorado, as well as all of the states with federally listed waste. currently operating chemical agent disposal facilities, have One of the important differences between characteristic obtained EPA authorization to implement and enforce state hazardous wastes and listed hazardous wastes is that, under requirements for the management of hazardous waste. RCRA regulations, any wastes derived from the treatment, Each of these states has adopted the basic EPA hazard- ous waste management program, including regulations for A hazardous waste code, consisting of a letter followed by three num- identification and listing of hazardous wastes; requirements bers, is assigned by the EPA or the state regulatory agency to each listed applicable to generators and transporters of hazardous waste; waste. The code is associated with a specific type of listed waste. The F requirements for facilities that treat, store, or dispose of list (e.g., Fxxx) designates particular solid wastes from certain common industrial or manufacturing processes as hazardous. Because the processes hazardous waste; and restrictions for the land disposal of producing these wastes are found in different sectors of industry, the F list specific hazardous wastes. wastes are known as wastes from nonspecific sources. The P list (e.g., Pxxx) Each state has a program for granting permits for the addresses pure or commercial-grade formulations of certain specific unused construction and operation of treatment, storage, and dis- acutely hazardous chemicals. Appendix VIII of 40 CFR 261.11 identifies the universe of hazardous posal facilities (TSDFs). Permits establish appropriate site- constituents of concern and is used by EPA primarily to identify wastes specific conditions for all aspects of the hazardous waste that should be considered for listing. It consists of chemicals that have management and destruction processes used. Secondary toxic, carcinogenic, mutagenic, or teratogenic effects on humans or other waste from the two chemical agent disposal facilities covered life forms. 23 

24 Review of secondary waste disposal Planning storage, or disposal of a listed hazardous waste (e.g., treat- • VX, O-ethyl-S-(2-diisopropylaminoethyl)-methyl ment residues or secondary wastes from storage) are them- phosphonothiolate and related compounds (Hazard- selves regulated as a listed hazardous waste. In addition, ous Waste Code N002); and any mixture of a solid waste and a listed hazardous waste is • H, bis(2-chloroethyl) sulfide and related compounds also designated as a hazardous waste. The listed hazardous (Hazardous Waste Code N003). waste designation applies regardless of the actual hazardous characteristics of the waste. Unlike listed hazardous wastes, On September 30, 2005, the KDEP issued to Blue Grass wastes that exhibit one or more of the RCRA characteristics Army Depot (BGAD) and Bechtel Parsons Blue Grass a are not subject to the mixture or derived-from rules. Once research, development, and demonstration (RD&D) permit these “characteristic wastes” no longer exhibit the charac- (KY8-213-820-105) to construct, test, and operate a facility teristic, they are no longer hazardous wastes and may be designed to destroy chemical munitions containing the nerve managed under the less stringent rules for nonhazardous agent GB and related waste using neutralization technology. solid wastes. The permit is limited to processing chemical munitions and related wastes containing the nerve agent GB. A standard RCRA permit will be required for the treatment of muni- Scrap Metal Exclusion tions containing the nerve agent VX and mustard agent H. EPA regulations for scrap metal are not straightforward. Typically, a RCRA permit granted under a Part B permit They provide that all “excluded scrap metal” that is recycled application has a fixed processing scheme and operating is not a “solid waste,” so that hazardous waste regulations do conditions that are established before the start of operations, not apply (40 CFR 261.4(a)(13)). The regulations go on to while an RD&D permit provides more flexibility in devel- state that all other scrap metal sent for recycling or reclama- oping and proving out the processing scheme and operating tion is a solid waste and is therefore a hazardous waste if it conditions. In granting the RD&D permit, it was the opinion exhibits any of the four characteristics or has become con- of the KDEP that the RD&D process is appropriate for the taminated with a listed waste (40 CFR 261.2(c)). However, following reasons: a later section exempts from RCRA regulation all hazard- ous scrap metal if it is sent for recycling or reclamation (40 • Chemical agent neutralization is a proven technology. CFR 261.6(a)(3)(ii)). Therefore, under the federal and most The facility operators intend to demonstrate that the state RCRA regulatory schemes, all scrap metal going to various process components at BGCAPP can func- recycling, whether or not it exhibits a characteristic or has tion together in a commercial-scale facility. become contaminated with a listed waste, is exempt from • The permit has performance-based conditions, such the hazardous waste regulations. No waste characterization as requiring 99.9999 percent destruction efficiency is necessary for material that meets the definition of scrap (DE) of the chemical agent. No process parameters metal that will be recycled. Scrap metal that is to be disposed are prescribed. This allows the facility to develop the of rather than recycled, however, is a “solid waste” and must appropriate parameters (such as time and tempera- be characterized and disposed of accordingly. ture) based on research data collected on the initial and subsequent real-world neutralization batches while still meeting the required DE. Blue Grass Chemical Agent Destruction • The risk to human health and the environment in- Pilot Plant creases the longer aging chemical munitions remain in storage. Construction of hazardous waste treat- Applicable Kentucky Statutes and Regulations ment facilities cannot begin until a permit is issued. The Kentucky Department of Environmental Protection It was the opinion of the KDEP that adequate design (KDEP) regulations generally adopt the federal RCRA regu- information is already available, or will be available, lations on identification and listing of hazardous wastes (401 in time to approve staged construction activities. The Kentucky Administrative Rules [KAR] 31:040). However, RD&D permit allows for construction activities to the KDEP regulations also incorporate the following state- begin. specific listed wastes (KAR 31:040 Section 7: Additional Requirement Concerning Nerve and Blistering Agents): As this report was being written, the committee expected that the RD&D permit would be converted to a RCRA oper- • GB, isopropyl methylphosphonofluoridate and re- ating permit granted under a Part B permit application after lated compounds (Hazardous Waste Code N001); the system had been demonstrated on GB and before other chemical munitions (VX or H) were to be disposed of. Excluded scrap metal includes processed scrap metal, unprocessed home scrap metal (steel mill scrap), and unprocessed prompt scrap metal (metal The N… code designations made by the KDEP are unique to Kentucky. fabrication scrap) (40 CFR 261.1 (c)(9), (10), (11), and (12)). This designation characterizes these wastes as special hazardous wastes. 

regulatory requirements applicable to bgcapp and pcapp secondary waste management 25 BGCAPP or PMACWA personnel. Plans for the disposal of A RCRA permit granted under a Part B permit applica- secondary wastes generated at BGCAPP call for the waste tion is the type of permit normally necessary for the opera- to be (1) shipped offsite to an approved TSDF or (2) treated tion of hazardous waste facilities, including chemical agent onsite and then shipped offsite. Whether onsite treatment of disposal facilities. Kentucky law (Kentucky Revised Statutes secondary waste is needed depends on whether the waste 224.50-130) requires that before this type of permit is is- is agent-contaminated on noncontaminated; on whether it sued, a proposed treatment or destruction technology must meets airborne exposure limit guidance standards for offsite have been fully proven in an operational facility of scale, shipment,  which will be set in the permit; and on what may configuration, and throughput comparable to the proposed be required by the approved WAP. facility. For chemical agent disposal, Kentucky law allows A WAP must be filed with KDEP at least 18 months for a proposed treatment or destruction technology to either before the hazardous waste is delivered, which in the case (1) have been demonstrated as effective within the chemi- of BGCAPP consists of the various chemical munitions to cal weapons disposal programs as directed in Public Law be destroyed. The WAP must be approved by KDEP prior to 104-208 and other applicable federal laws or (2) provide operations (401 KAR 34:030 Section 4(2)). It will detail the assurance of destruction or neutralization at an efficiency of methods to be used for sampling, analysis, and clearance of 99.9999 percent for each chemical agent that is proposed to all of the waste streams. be treated or destroyed. To date no such plan has been filed. The contractor at In addition, monitoring data from an operational facility BGCAPP has stated that it plans to use “process knowledge or alternative disposal program must show that the emissions as the primary means of characterization, with direct sam- from treatment and destruction facilities or fugitive sources pling and analysis used to verify process knowledge.” Few present no more than a minimal risk of acute or chronic further details were available in the permit application for effect on human health or adverse environmental effect, as the committee to review and evaluate. demonstrated by sufficient and applicable toxicological data. This requirement includes, but is not limited to, emissions of Finding 3-1. A detailed waste analysis plan for BGCAPP has the chemical agents and products of combustion, incomplete not been developed or submitted for review and approval. combustion, and other processes alone or in combination. Such a plan would detail sampling and analytical methods Moreover, an emergency response plan must have been for each waste stream. submitted and approved after public notice and an opportu- nity for comments to be heard. To assure the ability of the Recommendation 3-1. While the Bechtel Parsons Blue community to respond to releases from such a facility, the Grass Team and the Program Manager for Assembled Chem- plan must provide for sufficient training, coordination, and ical Weapons Alternatives are not in violation of regulatory equipment for state and local emergency response personnel, requirements and have ample time to meet the requirement including health, police, fire, and other responders. It must to submit a waste analysis plan for BGCAPP 18 months prior demonstrate a capability for evacuating prior to exposure to receipt of munitions at the facility, it would be prudent to all individuals who might be exposed to releases from the develop and submit the plan as early as possible in order to facility during a credible worst-case release or otherwise determine the requirements that may be placed on the opera- mitigating their exposure. tions by the Kentucky Department of Environmental Protec- tion and avoid unnecessary delays to the operation. BGCAPP Waste Analysis Plan Pueblo Chemical Agent Destruction At the time this report was being prepared, no waste Pilot plant anaylsis plan (WAP) for BGCAPP had been developed, so the committee does not know definitively how the second- Applicable Colorado Statutes and Regulations ary waste at BGCAPP will be managed. Therefore, the following discussions rely on information from Operations Colorado Department of Public Health and Environment and Closure Agent-Contaminated Waste Disposal Estimate (CDPHE) regulations generally restate the federal RCRA Summary Report (BPBGT, 2006a), the fact sheet “Planning regulations on the identification and listing of hazardous for Treatment or Disposal of Secondary Wastes” (PMACWA, wastes (6 Code of Colorado Regulations [CCR] 1007-3, Part 2008a), the RCRA RD&D permit application (BPBGT, 261). However, the CDPHE regulations also incorporate the 2007), and presentations and information received from following state-specific listed wastes: In determining the population and area of potential exposure during a This level is not the same as the target release level for release of treated worst-case release, all possible climatic conditions and population distribu- process wastes from the various treatment trains (e.g., from the energetics tions must be assumed for the largest area where any exposure to the release batch hydrolyzer to the hydrolysate storage tanks). could induce acute or chronic health consequences or environmental impact Kevin Regan, environmental manager, BGCAPP, “Process alternates for (KRS 224-50-130(3c)). wastes,” presentation to the committee, January 23, 2008. 

26 Review of secondary waste disposal Planning • Bis(2-chloroethyl) sulfide [mustard, mustard agent, to CDPHE on December 1, 2006, and is currently under mustard gas, H, HD] (Hazardous Waste Code P909), review. • Bis(2-chloroethyl) sulfide and bis(2-chloro­ethyl­ In addition, PCAPP is required to obtain a certificate thio)ethyl ether [mustard, mustard agent, mustard of designation (COD) from the Pueblo County Board of gas, HT, mustard T] (Hazardous Waste Code P910), County Commissioners authorizing it to begin operations. • O-isopropyl methylphosphonofluoridate (GB, sarin) The county grants such a certificate only after the CDPHE (Hazardous Waste Code P911), has reviewed and recommended approval of the specific fa- • Waste chemical weapons using or containing any cility (see CRS 30-20-100 and Pueblo County Code Section chemical compound identified in Appendix VII of 17.176.090). The Department of the Army and Bechtel Na- Part 261 as the basis for this listing; residues resulting tional, Inc., applied to the Board of County Commissioners from treatment of hazardous wastes with the codes for the Phase II COD for PCAPP to be located at the Pueblo P909, P910, and P911 are included in this listing Chemical Depot. The Board has determined that the phasing (Hazardous Waste Code K901), and of the project and CODs is appropriate and has directed the • Any soil, water, debris, or containers contaminated phasing to be in the form of multiple applications and cer- through contact with waste chemical weapons listed tificates generally paralleling the three stages of the RD&D as K901 or hazardous wastes listed as P909, P910, permits and the three stages of construction, as outlined in or P911 (Hazardous Waste Code K902). the initial application for a COD. The Phase I and Phase II CODs were approved and issued by the Board of County CDPHE issued a permit (CO-04-07-01-01) to the U.S. Commissioners in 2004. Department of the Army and to Bechtel National, Inc., to build an RD&D hazardous waste treatment facility at the PCAPP Waste Analysis Plan Pueblo Chemical Depot (PCD). The CDPHE found that an RD&D permit is appropriate for PCAPP because this A WAP for PCAPP has been submitted to the CDPHE treatment technology had already been demonstrated on a (PMACWA, 2006).  It covers both process and waste laboratory-scale basis. As in the case of BGCAPP, the overall analysis and appears to have appropriate sampling and objective of the RD&D permit is to authorize the construc- analytical discussions. For liquid streams in the process, tion and eventual testing of the processes and equipment proven analytical methods are incorporated that have been that are to be used at PCAPP to destroy chemical munitions. used before in the disposal of bulk mustard agent at the The current permit allows for limited construction activi- Aberdeen Chemical Agent Disposal Facility (Maryland). ties. Construction of the primary hazardous waste treatment For other possible contaminants, analytical methods listed units will require further authorization through subsequent in EPA publication SW-846, Test Methods for Evaluating modifications of the permit. Once the facility is built, has Solid Waste, Physical/Chemical Methods, are specified (EPA, undergone thorough testing, and demonstrated its ability to 2007). For solid wastes, vapor screening is proposed for treat chemical munitions in a way that adequately protects determination of agent concentration. Process and generator human health and the environment, full-scale operation of knowledge10 is proposed to establish that certain materials the facility will require approval through the standard Part B are noncontaminated. RCRA application permitting process. CDPHE expects this The plan was submitted well before the start of agent transition will not delay plant operations. operations and was in the approval stage as this report was The current RD&D permit allows for completion of being prepared. This timely submission provides ample time Phase I and II construction. The Phase I permit, issued in for the CDPHE to review and approve the plan. It also allows 2004 and modified in 2006, covers site preparation. The time to negotiate any changes called for by the regulators at Phase II permit, issued in 2005 and modified in 2006, cov- CDPHE. ers support facilities. Phase I construction activities include the construction of site civil work such as grubbing, grad- Finding 3-2. The waste analysis plan for PCAPP was sub- ing, drainage design, construction of underground utilities, mitted in a timely manner for approval by the Colorado roads, construction support facilities, and staging areas. Department of Public Health and Environment. Phase II construction activities will include installation of a variety of buildings and support systems ancillary to the primary permitted hazardous waste management units. Only limited treatment, storage, or disposal of hazardous waste is authorized under the RD&D permit. An application for the Phase III permit, covering process buildings, was submitted See Attachment C of the PCAPP RCRA RD&D Stage III, Class 3, permit. Meeting by a fact-finding team of the committee with CDPHE staff on 10Process and generator knowledge refers to an operator’s understanding February 14, 2008. of the processes as well as other aspects of the operations of a facility.