Regulatory Framework

The regulatory framework of the federal environmental laws (and such states as California) do not deem everything as "hazardous" and mandate its disposal in a Class I landfill or by incineration. A review of current regulations proves quite the contrary. The letter, spirit, and intent of current hazardous materials legislation is to promote and develop alternative technology that encourages the use, reuse, and recycling of materials rather than the archaic load, haul, and dump remediation techniques that have produced more environmental problems than they ever solved. Specifically, the recycling of affected soil into EPA is, for example, carried out in California under the following enabling legislation:

California Code of Regulations (CCR) Title 22, Section 66262.11, Hazardous Waste Determination

CCR Title 22, Section 66261.2, Definition of Waste

CCR Title 22, Section 66261.3, Definition of Hazardous Waste

CCR Title 22, Section 66261.4, Exclusions

California Health and Safety Code (CHSC) Chapter 6.5, Article 4, Section 25143.2(b), Recyclable Material

Code of Federal Regulations (CFR) Title 40, Part 261, Section 2 (40 CFR 261.2), Definition of Solid Waste

40 CFR 261.2(e), Materials that are not solid waste when recycled

The above are the main sections that deal with the use, reuse, and recycling of materials. There are a myriad of subsections and cross references to other sections that the reader will note upon review of these main listed regulations. Briefly stated, to paraphrase CHSC 25143.2(b), recyclable material that is or will be (1) used or reused as an ingredient in an industrial process to make a product or (2) used or reused as a safe and effective substitute for commercial products

Figure 2 Grader producing cold-mix EPA via the windrowing process.

is excluded from classification as a waste. Hence, if the regulations do not classify recyclable materials as "waste" and these materials are not regulated as "hazardous waste," their use, reuse, and recycling are within the letter, spirit, and intent of environmental legislation. Thus, the objectives of EPA methodology as a soil remediation option are

To effectively reuse affected soil as an ingredient in a stable, nonhazardous cold-mix asphalt that would be used on the property of origin as paving material To reduce generator liability to a minimum by complying with pertinent federal and state regulations

To reduce the cost of remediation by reusing affected soil as an ingredient in cold-mix asphalt, thereby eliminating many of the hazardous waste taxes and pretreatment and landfill disposal costs

To demonstrate that the EPA method effectively stabilizes the hazardous constituents comprising affected soil

To demonstrate that EPA is a cost-effective, time-efficient, and environmentally sound remediation alternative to landfill disposal of hazardous wastes

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