Risk-Based Waste Classification in California

Committee on Risk-Based Criteria for Non-RCRA Hazardous Waste

Board on Environmental Studies and Toxicology

Commission on Life Sciences

National Research Council

NATIONAL ACADEMY PRESS
WASHINGTON, D.C.



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--> Risk-Based Waste Classification in California Committee on Risk-Based Criteria for Non-RCRA Hazardous Waste Board on Environmental Studies and Toxicology Commission on Life Sciences National Research Council NATIONAL ACADEMY PRESS WASHINGTON, D.C.

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--> NATIONAL ACADEMY PRESS 2101 Constitution Ave., N.W. Washington, D.C. 20418 NOTICE: The project that is the subject of this report was approved by the Governing Board of the National Research Council, whose members are drawn from the councils of the National Academy of Sciences, the National Academy of Engineering, and the Institute of Medicine. The members of the committee responsible for the report were chosen for their special competences and with regard for appropriate balance. The National Academy of Sciences is a private, nonprofit, self-perpetuating society of distinguished scholars engaged in scientific and engineering research, dedicated to the furtherance of science and technology and to their use for the general welfare. Upon the authority of the charter granted to it by the Congress in 1863, the Academy has a mandate that requires it to advise the federal government on scientific and technical matters. Dr. Bruce Alberts is president of the National Academy of Sciences. The National Academy of Engineering was established in 1964, under the charter of the National Academy of Sciences, as a parallel organization of outstanding engineers. It is autonomous in its administration and in the selection of its members, sharing with the National Academy of Sciences the responsibility for advising the federal government. The National Academy of Engineering also sponsors engineering programs aimed at meeting national needs, encourages education and research, and recognizes the superior achievements of engineers. Dr. William A. Wulf is president of the National Academy of Engineering. The Institute of Medicine was established in 1970 by the National Academy of Sciences to secure the services of eminent members of appropriate professions in the examination of policy matters pertaining to the health of the public. The Institute acts under the responsibility given to the National Academy of Sciences by its congressional charter to be an adviser to the federal government and, upon its own initiative, to identify issues of medical care, research, and education. Dr. Kenneth I. Shine is president of the Institute of Medicine. The National Research Council was organized by the National Academy of Sciences in 1916 to associate the broad community of science and technology with the Academy's purposes of furthering knowledge and advising the federal government. Functioning in accordance with general policies determined by the Academy, the Council has become the principal operating agency of both the National Academy of Sciences and the National Academy of Engineering in providing services to the government, the public, and the scientific and engineering communities. The Council is administered jointly by both Academies and the Institute of Medicine. Dr. Bruce M. Alberts and Dr. William A. Wulf are chairman and vice chairman, respectively, of the National Research Council. This project was supported by Research Agreement No. 98RA1539 between the National Academy of Sciences and the University of California. Any opinions, findings, conclusions, or recommendations expressed in this publication are those of the author[s] and do not necessarily reflect the view of the organizations or agencies that provided support for this project. International Standard Book Number 0-309-06544-5 Additional copies of this report are available from: National Academy Press 2101 Constitution Ave., NW Box 285 Washington, DC 20055 800-624-6242 202-334-3313 [in the Washington metropolitan area] http://www.nap.edu Copyright 1999 by the National Academy of Sciences. All rights reserved.

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--> COMMITTEE ON RISK-BASED CRITERIA FOR NON-RCRA HAZARDOUS WASTE ROGENE HENDERSON (Chair), Lovelace Respiratory Research Institute, Albuquerque, New Mexico MARK W. BELL, Parsons Brinckerhoff Energy Services, Denver, Colorado JOSEPH F. BORZELLECA, Virginia Commonwealth University, Richmond, Virginia EDWIN H. CLARK, II, Clean Sites, Washington, DC EDMUND A.C. CROUCH, Cambridge Environmental Inc., Cambridge, Massachusetts JOHN P. GIESY, Michigan State University, East Lansing, Michigan P. BARRY RYAN, Emory University, Atlanta, Georgia JAMES N. SEIBER, U.S. Department of Agriculture, Albany, California CURTIS C. TRAVIS, Project Performance Corporation, Knoxville, Tennessee Staff RAYMOND A. WASSEL, Program Director ROBERTA WEDGE, Staff Officer ROBERT J. CROSSGROVE, Editor MIRSADA KARALIC-LONCAREVIC, Information Specialist RUTH DANOFF, Senior Program Assistant LUCY V. FUSCO, Project Assistant Sponsor Department of Toxic Substances Control, California Environmental Protection Agency

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--> BOARD ON ENVIRONMENTAL STUDIES AND TOXICOLOGY GORDON ORIANS (Chair), University of Washington, Seattle, Washington DONALD MATTISON (Vice Chair), March of Dimes, White Plains, New York DAVID ALLEN, University of Texas, Austin, Texas MAY R. BERENBAUM, University of Illinois, Urbana, Illinois EULA BINGHAM, University of Cincinnati, Cincinnati, Ohio PAUL BUSCH, Malcolm Pirnie, Inc., White Plains, New York PETER L. DEFUR, Virginia Commonwealth University, Richmond, Virginia DAVID L. EATON, University of Washington, Seattle, Washington ROBERT A. FROSCH, Harvard University, Cambridge, Massachusetts JOHN GERHART, University of California, Berkeley, California MARK HARWELL, University of Miami, Miami, Florida ROGENE HENDERSON, Lovelace Respiratory Research Institute, Albuquerque, New Mexico CAROL HENRY, Chemical Manufacturers Association, Arlington, Virginia BARBARA HULKA, University of North Carolina, Chapel Hill, North Carolina DANIEL KREWSKI, Health Canada and University of Ottawa, Ottawa, Ontario JAMES A. MACMAHON, Utah State University, Logan, Utah MARIO J. MOLINA, Massachusetts Institute of Technology, Cambridge, Massachusetts CHARLES O'MELIA, Johns Hopkins University, Baltimore, Maryland KIRK SMITH, University of California, Berkeley, California MARGARET STRAND, Oppenheimer Wolff Donnelly & Bayh, LLP, Washington, D.C. TERRY F. YOSIE, Chemical Manufacturers Association, Arlington, Virginia Senior Staff JAMES J. REISA, Director DAVID J. POLICANSKY, Associate Director and Senior Program Director for Applied Ecology CAROL A. MACZKA, Senior Program Director for Toxicology and Risk Assessment RAYMOND A. WASSEL, Senior Program Director for Environmental Sciences and Engineering KULBIR BAKSHI, Program Director for the Committee on Toxicology LEE R. PAULSON, Program Director for Resource Management

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--> COMMISSION ON LIFE SCIENCES MICHAEL T. CLEGG (Chair), University of California, Riverside, California PAUL BERG (Vice Chair), Stanford University, Stanford, California FREDERICK R. ANDERSON, Cadwalader, Wickersham & Taft, Washington, D.C. JOHN C. BAILAR III, University of Chicago, Chicago, Illinois JOANNA BURGER, Rutgers University, Piscataway, New Jersey SHARON L. DUNWOODY, University of Wisconsin, Madison, Wisconsin DAVID EISENBERG, University of California, Los Angeles, California JOHN EMMERSON, Portland, Oregon NEAL FIRST, University of Wisconsin, Madison, Wisconsin DAVID J. GALAS, Keck Graduate Institute of Applied Science, Claremont, California DAVID V. GOEDDEL, Tularik, Inc., South San Francisco, California ARTURO GOMEZ-POMPA, University of California, Riverside, California COREY S. GOODMAN, University of California, Berkeley, California HENRY HEIKKINEN, University of Northern Colorado, Greeley, Colorado BARBARA S. HULKA, University of North Carolina, Chapel Hill, North Carolina HANS J. KENDE, Michigan State University, East Lansing, Michigan CYNTHIA KENYON, University of California, San Francisco, California MARGARET G. KIDWELL, University of Arizona, Tucson, Arizona BRUCE R. LEVIN, Emory University, Atlanta, Georgia OLGA F. LINARES, Smithsonian Tropical Research Institute, Miami, Florida DAVID LIVINGSTON, Dana-Farber Cancer Institute, Boston, Massachusetts DONALD R. MATTISON, March of Dimes, White Plains, New York ELLIOT M. MEYEROWITZ, California Institute of Technology, Pasadena, California ROBERT T. PAINE, University of Washington, Seattle, Washington RONALD R. SEDEROFF, North Carolina State University, Raleigh, North Carolina ROBERT R. SOKAL, State University of New York, Stony Brook, New York CHARLES F. STEVENS, The Salk Institute, La Jolla, California SHIRLEY M. TILGHMAN, Princeton University, Princeton, New Jersey JOHN L. VANDEBERG, Southwest Foundation for Biomedical Research, San Antonio, Texas RAYMOND L. WHITE, University of Utah, Salt Lake City, Utah WARREN R. MUIR, Executive Director

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--> OTHER REPORTS OF THE BOARD ON ENVIRONMENTAL STUDIES AND TOXICOLOGY Research Priorities for Airborne Particulate Matter: I. Immediate Priorities and a Long-Range Research Portfolio (1998) The National Research Council's Committee on Toxicology: The First 50 Years (1997) Toxicologic Assessment of the Army's Zinc Cadmium Sulfide Dispersion Tests (1997) Carcinogens and Anticarcinogens in the Human Diet: A Comparison of Naturally Occurring and Synthetic Substances (1996) Upstream: Salmon and Society in the Pacific Northwest (1996) Science and the Endangered Species Act (1995) Wetlands: Characteristics and Boundaries (1995) Biologic Markers [Urinary Toxicology (1995), Immunotoxicology (1992), Environmental Neurotoxicology (1992), Pulmonary Toxicology (1989), Reproductive Toxicology (1989)] Review of EPA's Environmental Monitoring and Assessment Program (three reports, 1994–1995) Science and Judgment in Risk Assessment (1994) Ranking Hazardous Waste Sites for Remedial Action (1994) Pesticides in the Diets of Infants and Children (1993) Issues in Risk Assessment (1993) Setting Priorities for Land Conservation (1993) Protecting Visibility in National Parks and Wilderness Areas (1993) Dolphins and the Tuna Industry (1992) Hazardous Materials on the Public Lands (1992) Science and the National Parks (1992) Animals as Sentinels of Environmental Health Hazards (1991) Assessment of the U.S. Outer Continental Shelf Environmental Studies Program, Volumes I–IV (1991–1993) Human Exposure Assessment for Airborne Pollutants (1991) Monitoring Human Tissues for Toxic Substances (1991) Rethinking the Ozone Problem in Urban and Regional Air Pollution (1991) Decline of the Sea Turtles (1990) Tracking Toxic Substances at industrial Facilities (1990) Copies of these reports may be ordered from the National Academy Press (800) 624-6242 or (202) 334-3313 www.nap.edu

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--> Preface The Department of Toxic Substances Control (DTSC) of the State of California Environmental Protection Agency is in the process of complying with the Regulatory Structure Update. The Regulatory Structure Update is a comprehensive review and refocusing of California's system for identifying and regulating management of hazardous wastes. As part of this effort, the DTSC proposes to change its current waste classification system that categorizes wastes as hazardous or nonhazardous based on their toxicity. Under the proposed system there would be two risk-based thresholds rather than the single toxicity threshold currently used to distinguish between the wastes. Wastes that contain specific chemicals at concentrations that exceed the upper threshold will be designated as hazardous; those below the lower threshold will be nonhazardous; and those with chemical concentrations between the two thresholds will be "special" wastes and subject to variances for management and disposal. The proposed DTSC system combines toxicity information with short or long-term exposure information to determine the risks associated with the chemicals. Under section 57004 of the California Health and Safety Code, the scientific basis of the proposed waste classification system is subject to external scientific peer review by the National Academy of Sciences, the University of California, or other similar institution of higher learning or group of scientists. This report addresses that regulatory requirement. This report is intended to assist the DTSC in determining whether the proposed waste classification method will be scientifically well

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--> grounded and protective of human health and the environment. It identifies areas where the proposed DTSC approach is appropriate, as well as areas where the DTSC documentation is not sufficient. The report indicates where and what type of improvements could be made to clarify both the presentation of the approach and the goals of the classification system. To prepare the report, the committee reviewed the materials supplied to it by the DTSC, additional supporting materials received from DTSC and other individuals and organizations, and the information gathered at two public meetings held in Irvine, California on September 10, and November 20, 1998. The committee wishes to thank the following members of the California Environmental Protection Agency's Department of Toxic Substances Control: Jesse Huff, Director, Robert Borzelleri, Chief Deputy Director, Dr. Robert Stephens, Deputy Director, David Nunenkamp, Daniel Weingarten, and Drs. James Carlisle, Edward Butler, Bart Simmons, and John Christopher; and Dr. Lauren Zeise of the Office of Environmental Health Hazard Assessment for providing the committee with information on the models and framework for the risk methodology, for their presentations at the public meetings, and for their responses to written questions from committee members. We also gratefully acknowledge Barnes Johnson, U.S. Environmental Protection Agency, Office of Solid Waste and Emergency Response; Jane Williams, California Communities Against Toxics; Michael Lakin and Michael Easter, ICF Kaiser International (representing the Western States Petroleum Association); Linda M. Shandler and Brent C. Perry, County Sanitation Districts of Los Angeles County; Paul W. Abernathy, representing Mercury Technologies International/Advanced Environmental Recycling Corporation; Victor Hanna, City of Los Angeles, Bureau of Sanitation; Aspet Chater, Hugo Neu-Proler Company; Kirk T. Larson, representing San Diego Industrial Environmental Association; David Kay, Southern California Edison Company; and Charles A. White, Waste Management, Inc., for providing background information and for making presentations to the committee. This report has been reviewed in draft form by individuals chosen for their diverse perspectives and technical expertise, in accordance with procedures for reviewing NRC reports approved by the NRC's Report Review Committee. The purpose of this independent review is to provide candid and critical comments that will assist the NRC in making the published report as sound as possible and to ensure that the report meets

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--> institutional standards for objectivity, evidence, and responsiveness to the study charge. The content of the final report is the responsibility of the NRC and the study committee, and not the responsibility of the reviewers. The review comments and draft manuscript remain confidential to protect the integrity of the deliberative process. We wish to thank the following individuals, who are neither officials nor employees of the NRC, for their participation in the review of this report: John C. Bailar, University of Chicago; Karen Florini, Environmental Defense Fund; Rolf Hartung, University of Michigan; Carol Henry, American Petroleum Institute; Donald M. Mackay, Trent University; Donald Mattison, March of Dimes Birth Defects Foundation; Glenn Paulson, Paulson and Cooper, Inc.; Emil Pfitzer, Ramsey, NJ; and Kenneth W. Sexton, University of Minnesota. These reviewers have provided many constructive comments and suggestions; it must be emphasized, however, that responsibility for the final content of this report rests entirely with the authoring committee and the NRC. I am also grateful for the assistance of the NRC staff in the preparation of this report. In particular, the committee wishes to acknowledge Roberta Wedge, staff officer for the committee and Raymond A. Wassel, senior program director with the Board on Environmental Studies and Toxicology. Other staff members who contributed to this effort are Robert J. Crossgrove, editor; Ruth Danoff, senior program assistant; and Lucy V. Fusco, project assistant. Finally, I would like to thank the members of the committee for their valuable expertise and dedicated efforts throughout the preparation of this report. Their efforts in preparing this report within a very short time frame are much appreciated. ROGENE F. HENDERSON, PH.D. CHAIR, COMMITTEE ON RISK-BASED CRITERIA FOR NON-RCRA HAZARDOUS WASTE

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--> Contents     Abbreviations   xiii     Executive Summary   1 1   Introduction   14     The Committee's Task and Approach   14     Report Organization   16     Overview of California's Approach to Classifying Hazardous Waste   17 2   DTSC's Proposed Overall Approach   36     Statement of Goals   38     Multimedia and Multipathway Risk Assessment   41     Realistic Exposure Scenarios   44     Valid Science   45     Transparency   48     Flexibility   50     Implementation Practicality and Evaluation   52 3   Scenario Selection and Modeling   55     Exposure Scenarios: Purpose   55     Modeling: Purpose   56     Summary of DTSC Exposure Scenarios   56     Modeling Used in the Scenarios   58

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-->     Analysis of Scenarios and Modeling   60     Ecological Scenario   74 4   Issues of Model Application   77     Model Parameters   77     Parameter Selection Within Specific Models   83     Analytical Methods   102     Toxicity Tests   106 5   Meeting Program Goals   113     RSU Guiding Principles   114     DTSC Program Goals   116     Other Considerations for DTSC's Approach   119     Program Evaluation   121     References   123 Appendix A:   Biographical Information on the Committee on Risk-Based Criteria for Non-RCRA Hazardous Waste   126 Appendix B:   DTSC Issues   130 Appendix C:   List of Public Access Materials Received by the NRC Committee on Risk-Based Criteria for Non-RCRA Hazardous Waste   136 Appendix D:   Letter of Introduction, Overview, Concept Paper, and Appendices 1–4 from DTSC Report   145

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--> Abbreviations ADOM acid deposition and oxidant model AWQC ambient water quality criteria Cal/EPA California Environmental Protection Agency CAM California Assessment Manual CCR California Code of Regulations CFR Code of Federal Regulations CUPA Certified Unified Program Agencies CV coefficient of variation DAF dilution attenuation factor DDT dichloro diphenyl trichloroethane DTSC Department of Toxic Substances Control EFH Exposure Factors Handbook EP extraction procedure EPA U.S. Environmental Protection Agency EQL estimated quantitation level FDM fugitive dust model HWIR Hazardous Waste Identification Rule ISC industrial source complex dispersion model IWMB Integrated Waste Management Board LC lethal concentration LD lethal dose LOD limit of detection LOQ limit of quantitation

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--> MCL maximum contaminant level MSWL municipal solid waste leachate NAAQS National Ambient Air Quality Standards NIOSH National Institute for Occupational Safety and Health NRC National Research Council OSHA Occupational Safety and Health Administration PEA preliminary endangerment assessment (model) RAGS Risk Assessment Guidance for Superfund RCRA Resource Conservation and Recovery Act RSU regulatory structure update SD standard deviation SERT soluble or extractable regulatory threshold STLC soluble threshold limit concentration SWRCB State Water Resources Control Board TCDD 2,3,7,8-tetrachloro-dibenzo-p-dioxin TCE trichloroethylene TCLP toxicity characteristic leaching procedure TTLC total threshold limit concentration WET waste extraction test

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