#
Request
for
Generic
Treatability
Variances
For
Mercury,
Cadmium,
and
Silver
Containing
Mixed
Waste
Batteries
Petitioner
and
Facility
Information
Petitioner's
Name
and
Address
U.
S.
Department
of
Energy
Office
of
Environmental
Policy
and
Guidance
(EH­
41)
1000
Independence
Ave.,
S.
W.
Washington,
D.
C.
20585­
0119
Petitioner
Primary
Point
of
Contact's
Name
and
Telephone
Number
Bill
Fortune
Environmental
Protection
Specialist
Office
of
Environmental
Policy
and
Guidance
RCRA/
CERCLA
Division
(EH­
413)
202­
586­
7302
william.
fortune@
eh.
doe.
gov
Generating
Facility's
Name
and
Address,
EPA
Identification
Number,
and
Contact
Name
and
Telephone
Number
Department
of
Energy
(DOE)
facilities.
Table
1
provides
a
list
of
the
major
DOE
facilities
with
current
inventories.

Statement
of
Interest
in
the
Proposed
Action
Generic
treatability
variances
under
40
CFR
268.44(
a)
are
requested
for
three
waste
streams:
radioactively
contaminated
mercury­
containing
waste
batteries,
radioactively
contaminated
cadmium­
containing
waste
batteries,
and
radioactively
contaminated
silver­
containing
waste
batteries.
These
waste
streams
are
generated
at
multiple
DOE
facilities.
DOE
requests
that
variances
be
approved
for
mercury,
cadmium
and
silver
battery
waste
streams
managed
(i.
e.,
generated
or
stored,
now
and/
or
in
the
future)
at
DOE
facilities.
DOE
is
requesting
these
variances
because,
in
each
case,
treatment
to
meet
the
otherwise
applicable
land
disposal
restrictions
(LDR)
treatment
standards
is
not
appropriate.
1
The
variance
requests
are
combined
into
one
petition
because
the
circumstances
causing
the
existing
LDR
treatment
standards
to
be
inappropriate
are
very
similar
for
the
three
waste
streams.
Furthermore,
the
same
alternative
LDR
treatment
standard
is
proposed
for
the
waste
streams.

1
Note:
The
terms
"not
appropriate"
and
"inappropriate"
are
used
in
this
petition
in
conformity
with
40
CFR
268.44(
a)(
2).
#
2
Waste
Description
Batteries
are
used
in
a
variety
of
ways
across
the
DOE
complex.
For
example,
nickel­
cadmium
(NiCd)
rechargeable
batteries
are
commonly
found
in
cellular
and
cordless
telephones,
2­
way
radios,
video
cameras,
portable
power
tools,
laptop
computers,
and
radiological
monitoring
equipment.
Mercury­
containing
batteries
have
been
widely
used
in
watches,
calculators,
and
cameras.
Silver­
containing
batteries
may
be
found
in
watches,
cameras,
paging
devices,
and
calculators.
When
these
batteries
reach
end
of
life,
they
are
typically
classified
as
radioactive
waste
if
they
were
used
in
a
radioactively
contaminated
area,
unless
through
decontamination
and/
or
radiological
surveys
they
can
be
cleared
for
management
as
non­
radiological
waste.
Sometimes
because
of
cracks,
fissures,
holes
or
uneven
surfaces
in
the
battery
casings,
a
reasonable
confidence
level
that
the
batteries
are
free
of
radioactive
contamination
cannot
be
achieved.
In
other
cases,
radioactive
contamination
is
found
that
cannot
be
easily
removed.
In
either
case,
there
will
always
be
some
batteries
that
are
deemed
to
be
radioactively
contaminated.

Based
on
input
from
individual
facilities,
the
Department
estimates
that
2,653
kg
of
radioactively
contaminated
waste
cadmium­
containing
batteries,
and
247
kg
of
radioactively
contaminated
waste
mercury­
containing
batteries,
are
in
storage
across
the
DOE
complex.
Projected
generation
rates
for
these
batteries
are
23
kg/
yr
and
4
kg/
yr,
respectively.
Table
1
provides
additional
detail
from
representative
DOE
facilities.
While
no
radioactively
contaminated
silver­
containing
waste
batteries
were
identified
during
the
data
gathering
process
for
this
petition,
a
small
number
of
silvercontaining
waste
batteries
may,
in
the
past,
have
been
commingled
in
the
existing
inventory
with
the
other
types
of
waste
batteries
across
the
DOE
complex.
As
a
result,
DOE
believes
it
is
important
to
include
silver­
containing
batteries
in
the
description
of
the
wastes
covered
by
this
petition.
In
the
event
radioactively
contaminated
silver­
containing
batteries
are
found
at
one
or
more
DOE
sites
in
the
future,
this
approach
will
provide
appropriate
LDR
treatment
standards
to
address
the
full
spectrum
of
mixed
waste
batteries.
Waste
minimization
is
an
important
part
of
DOE's
strategy
for
managing
the
future
generation
of
these
mixed
waste
batteries.
Not
only
is
DOE
attempting
to
limit
the
number
of
batteries
that
become
radioactively
contaminated,
but
DOE
also
is
participating
in
the
development
of
new
battery
technologies
that
reduce
the
amount
of
toxic
components
used
in
certain
batteries.

The
cadmium­
containing
waste
batteries
are
almost
all
NiCd
batteries,
although
other
types
of
cadmium­
containing
waste
batteries
such
as
mercury­
cadmium
and
silver­
cadmium
may
be
present
as
well.
At
a
minimum
all
of
the
cadmium­
containing
waste
batteries
exhibit
the
toxicity
characteristic
for
cadmium
and
carry
a
D006
hazardous
waste
code.

Detail
on
the
specific
type(
s)
of
mercury­
containing
waste
batteries
present
is
limited,
but
it
is
assumed
that
this
waste
stream
includes
both
mercury­
zinc
and
mercury­
cadmium
batteries.
At
a
minimum,
these
batteries
exhibit
the
toxicity
characteristic
for
mercury
and
carry
a
D009
hazardous
waste
code.

Silver­
containing
batteries
could
consist
of
silver
oxide
batteries,
as
well
as
silver­
zinc
and
silvercadmium
batteries.
At
a
minimum,
silver­
containing
batteries
may
exhibit
the
toxicity
characteristic
for
silver
and
carry
a
D011
hazardous
waste
code.
#
3
While
not
representing
a
large
volume
of
waste,
radioactively
contaminated
mercury­,
cadmium­
and
silver­
containing
batteries,
which
must
be
managed
as
mixed
waste,
present
an
ongoing
waste
disposal
problem
across
the
DOE
complex.
For
mercury­
and
cadmium­
containing
batteries,
this
situation
has
developed
because
the
existing
applicable
LDR
treatment
standards
(which
are
based
on
metals
recovery)
are
inappropriate,
as
discussed
below,
and
viable
treatment
options
are
unavailable.
DOE
is
unaware
of
any
metals
recovery
facility
with
the
capability
to
recycle
radioactively
contaminated
mercury
or
cadmium
wastes.
In
the
case
of
radioactively
contaminated
silver­
containing
batteries,
the
existing
LDR
concentration­
based
treatment
standard
is
also
inappropriate
given
the
exposure
to
radiation
that
would
be
required
for
workers
to
remove
these
batteries,
if
present,
from
existing,
commingled
battery
waste
streams.

Requested
Variance
Under
existing
LDR
standards,
most
mercury­
containing
waste
batteries
are
classified
as
D009
High
Mercury­
Inorganic
Subcategory
waste
because
they
are
inorganic,
exhibit
the
toxicity
characteristic
for
mercury
(40
CFR
261.24(
b)),
and
contain
greater
than
260
ppm
total
mercury.
As
such,
they
are
subject
to
the
specified
technology
LDR
treatment
standard
of
RMERC
(roasting/
retorting
with
recovery
of
mercury).
Cadmium­
containing
waste
batteries
are
classified
as
D006
Cadmium
Containing
Batteries
Subcategory
waste.
As
such,
they
are
subject
to
the
specified
technology
LDR
treatment
standard
of
RTHRM
(thermal
recovery
of
metals).
In
both
cases,
the
objective
of
the
specified
technology
LDR
treatment
standard
is
to
volatilize
the
metals
in
a
high
temperature
treatment
unit
and
subsequently
condense
and
collect
them
for
reuse,
while
significantly
reducing
the
concentration
of
metals
in
the
waste
residual.
This
approach
is
technically
inappropriate
for
radioactively
contaminated
mercury­
and
cadmium­
containing
batteries
because
the
recovered
metals
would
likely
contain
residual
radioactive
contamination.
DOE
is
not
aware
of
any
commercial
metals
recovery
facility
with
the
capability
to
handle
radioactively
contaminated
cadmium­
or
mercury­
containing
waste
batteries
for
recycle,
and
the
Department
does
not
have
the
capability
to
conduct
its
own
thermal
metals
recovery
on
waste
batteries.
Therefore,
data
are
not
available
on
the
levels
of
residual
radioactive
contamination
that
might
occur
in
metals
recovered
from
radioactively
contaminated
cadmium­
and
mercurycontaining
waste
batteries
generated
at
DOE
facilities.
Notwithstanding,
DOE
believes
the
recovered
metals
would
have
an
extremely
low
probability
for
reuse.

Because
DOE
believes
that
treatment
in
a
thermal
processing
unit
of
radioactively
contaminated
cadmium­
and
mercury­
containing
batteries
under
the
existing
LDR
treatment
standards
is
technically
inappropriate,
DOE
requests
approval
in
accordance
with
40
CFR
268.44(
a)
of
macroencapsulation,
as
defined
in
40
CFR
268.45
for
hazardous
debris,
as
an
alternative
LDR
treatment
standard
for
these
batteries.

Silver­
containing
waste
batteries
are
classified
as
D011
nonwastewaters
because
they
are
expected
to
exhibit
the
characteristic
of
toxicity
for
silver,
based
on
the
toxicity
characteristic
leaching
procedure
(TCLP).
As
such,
under
the
existing
LDR
regulations,
they
are
subject
to
a
concentration­
based
treatment
standard.
To
meet
this
standard
for
silver­
containing
waste
batteries
that
are
commingled
in
the
existing
inventory
or
may
be
co­
generated
with
other
waste
batteries
in
the
future,
it
would
be
necessary
first
to
manually
sort
the
batteries
in
order
to
locate
the
silvercontaining
batteries.
However,
because
the
waste
batteries
are
radioactively
contaminated
and
the
number
of
silver­
containing
batteries
is
small,
DOE
believes
the
increased
radiation
exposure
that
#
4
workers
would
incur
during
this
sorting
would
be
unjustified,
making
the
existing
D011
LDR
treatment
standard
technically
inappropriate
for
radioactively
contaminated,
silver­
containing
batteries.
Therefore,
DOE
requests
approval
in
accordance
with
40
CFR
268.44(
a)
of
macroencapsulation,
as
defined
in
40
CFR
268.45
for
hazardous
debris,
as
an
alternative
LDR
treatment
standard
for
these
batteries.

Specifically,
DOE
requests
that:

1.
Macroencapsulation
(as
defined
in
40
CFR
268.45)
be
approved
as
an
alternative
to
RTHRM
for
radioactively
contaminated
cadmium­
containing
waste
batteries
in
storage
or
that
may
be
generated
at
DOE
facilities
in
the
future;
and
2.
Macroencapsulation
(as
defined
in
40
CFR
268.45)
be
approved
as
an
alternative
to
RMERC
for
radioactively
contaminated
mercury­
containing
waste
batteries
in
storage
or
that
may
be
generated
at
DOE
facilities
in
the
future.
3.
Macroencapsulation
(as
defined
in
40
CFR
268.45)
be
approved
as
an
alternative
to
the
concentration­
based
D011
LDR
treatment
standard
for
radioactively
contaminated
silvercontaining
waste
batteries
in
storage
or
that
may
be
generated
at
DOE
facilities
in
the
future.

Macroencapsulation
(as
defined
in
40
CFR
268.45
for
hazardous
debris)
of
waste
batteries
would
be
consistent
with
EPA's
strategy
for
treating
inherently
hazardous
debris.
In
the
proposed
hazardous
debris
rule
[57
FR
958
(January
9,
1992)],
EPA
lists
the
following
as
examples
of
inherently
hazardous
debris:
metal
alloys
containing
chromium
and
nickel,
battery
casings
that
contain
lead,
lead
pipe
and
lead
paint
chips
(57
FR
990).
In
the
final
hazardous
debris
rule
[57
FR
37194
(August
18,
1992)],
EPA
states
the
following
regarding
proper
treatment
of
inherently
hazardous
debris:
"When
recycling
of
inherently
hazardous
debris
is
not
practicable
and
it
is
to
be
disposed,
today's
rule
requires
treatment
by
an
immobilization
technology
to
reduce
the
likelihood
of
migration
of
hazardous
contaminants,
followed
by
disposal
in
a
Subtitle
C
landfill"
(57
FR
37236­
7).
Based
on
these
references,
it
is
clear
that
the
batteries
addressed
by
this
petition
are
similar
to
the
types
of
waste
materials
considered
inherently
hazardous
under
the
hazardous
debris
rule.
Accordingly,
since
the
final
hazardous
debris
rule
established
macroencapsulation
as
an
acceptable
method
for
immobilizing
inherently
hazardous
debris
when
recycling
is
not
a
viable
option,
the
macroencapsulation
LDR
treatment
standard
for
hazardous
debris
offers
an
acceptable
LDR
treatment
standard
for
radioactively
contaminated
cadmium­
and
mercury­
containing
waste
batteries
when
recycling
is
not
a
viable
option.
In
addition,
DOE
submits
that
the
macroencapsulation
LDR
treatment
standard
for
hazardous
debris
offers
an
acceptable
LDR
treatment
standard
for
radioactively
contaminated
silver­
containing
waste
batteries
that
are
commingled
in
the
existing
mixed
waste
battery
inventory
or
are
co­
generated
with
other
waste
batteries
in
the
future.

In
general,
however,
none
of
the
batteries
being
addressed
by
this
petition
may
be
managed
as
hazardous
debris
for
purposes
of
meeting
the
current
LDR
treatment
standards.
First,
the
regulatory
definition
of
debris
[40
CFR
268.2(
g)]
excludes
any
materials
for
which
a
specific
treatment
standard
has
been
established
within
the
LDR
program
and
expressly
identifies
"cadmium
batteries"
as
such
an
excluded
material.
Therefore,
cadmium­
containing
batteries
(a
subcategory
of
the
D006
waste
code
with
a
corresponding
specified
technology
treatment
standard)
may
not
be
managed
as
hazardous
debris
or
treated
in
accordance
with
the
alternative
treatment
standards
for
hazardous
debris.
Second,
the
definition
of
debris
also
clearly
states
that
intact
containers
cannot
be
managed
#
5
as
debris
for
purposes
of
meeting
LDR
treatment
standards,
and
intact
battery
casings
are
considered
to
be
containers
[U.
S.
Environmental
Protection
Agency,
Chemical
Waste
Management,
Faxback
#13638
(November
10,
1993);
40
CFR
264.314(
d)(
3)].
Under
this
provision,
no
batteries
with
intact
casings
may
be
managed
as
debris.
With
this
consideration,
only
silver­
or
mercurycontaining
waste
batteries
that
have
been
damaged
to
the
point
that
their
casings
no
longer
meet
the
definition
of
a
container
may
be
managed
as
debris.

In
conclusion,
since
the
LDR
treatment
standards
applicable
to
hazardous
debris
cannot
be
applied
to
radioactively
contaminated
cadmium­,
mercury­
and
silver­
containing
waste
batteries
and
the
existing
applicable
LDR
treatment
standards
for
these
waste
streams
are
technically
inappropriate,
DOE
is
submitting
this
petition
for
generic
treatability
variances
under
40
CFR
268.44(
a)
for
the
three
battery
waste
streams.
The
petition
proposes
macroencapsulation
as
a
protective
alternative
LDR
treatment
standard
for
these
waste
streams
because
metal­
containing
waste
batteries
are
similar
to
the
types
of
materials
that
EPA
has
identified
as
inherently
hazardous
debris.
As
such,
these
waste
batteries
should
create
similar
risks
to
human
health
and
the
environment,
as
does
inherently
hazardous
debris,
for
which
EPA
has
already
determined
macroencapsulation
to
be
an
acceptable
treatment
technology.

Regarding
radioactively
contaminated
mercury­
containing
batteries,
DOE
also
notes
that,
because
mercury
recovered
through
use
of
the
existing
specified
technology
LDR
treatment
standard
(RMERC)
would
not
be
reusable
due
to
residual
radioactivity,
the
recovered
metal
would
require
amalgamation
(i.
e.,
the
specified
technology
LDR
treatment
standard
for
elemental
mercury
contaminated
with
radioactive
materials)
before
it
could
be
land
disposed.
Therefore,
pursuing
an
alternative
treatment
path
to
the
existing
LDR
treatment
standard
of
retorting/
roasting
would
reduce
the
potential
for
release
of
mercury
to
the
environment
during
the
thermal
recovery
and
amalgamation
steps,
which
is
consistent
with
EPA's
desire
to
identify
improved
treatment/
disposal
options
for
mercury
wastes
(Advanced
Notice
of
Proposed
Rulemaking
regarding
potential
revisions
to
the
mercury
treatment
standards,
64
FR
28949,
May
28,
1999).

Petitioner's
Certification
I
certify
under
penalty
of
law
that
I
have
personally
examined
and
am
familiar
with
the
information
submitted
in
this
petition
and
all
attached
documents,
and
that,
based
on
my
inquiry
of
those
individuals
immediately
responsible
for
obtaining
the
information,
I
believe
that
the
submitted
information
is
true,
accurate,
and
complete.
I
am
aware
that
there
are
significant
penalties
for
submitting
false
information,
including
the
possibility
of
fine
and
imprisonment.

SIGNED
Andy
Lawrence
Director
Office
of
Environmental
Policy
&
Guidance
6/
13/
02
Date
#
6
#
7
TABLE
1
FACILITY
INFORMATION
AND
WASTE
INVENTORY
ESTIMATES
FOR
DOE
CADMIUM
AND
MERCURY
MIXED
WASTE
BATTERIES
FACILITY
NAME,
ADDRESS
AND
EPA
ID
NO.
FACILITY
CONTACTS
WASTE
BATTERIES
INVENTORY/
GENERATION
RATE,
KG
1
U.
S.
Department
of
Energy
East
Tennessee
Technology
Park
(ETTP)
Site
Highway
95,
Blair
Road
Oak
Ridge,
TN
37831
EPA
ID
#:
TN0890090004
U.
S.
Department
of
Energy
Y­
12
Plant
Bear
Creek
Road
Oak
Ridge,
TN
37831
EPA
ID
#:
TN3890090001
Chuck
Estes
Bechtel
Jacobs
Company,
LLC
(865)
576­
0127
esteschiii@
ornl.
gov
Brian
Westich
U.
S.
Department
of
Energy
(865)
241­
2198
westichB@
oro.
doe.
gov
Inventory:
660
kg
of
Cd,
165
kg
of
Hg
Generation
Rate:
1
kg/
yr
Cd,
1
kg/
yr
Hg
U.
S.
Department
of
Energy
Richland
Operations
Office
P.
O.
Box
550
Richland,
Washington
99352
EPA
ID
#:
WA78900089676
Dean
Nester
Flour
Hanford
Inc.

(509)
373­
4155
dean_
e_
nester@
rl.
gov
Kevin
Leary
U.
S.
Department
of
Energy
(509)
373­
7285
Kevin_
d_
Leary@
rl.
gov
Inventory:
375
kg
Cd,
50
kg
Hg
Generation
Rate:
22
kg/
yr
Cd,
3
kg/
yr
Hg
U.
S.
Department
of
Energy
Rocky
Flats
Environmental
Technology
Site
10808
Highway
93,
Unit
B
Golden,
CO
80403­
8200
EPA
ID
#:
CO7890010526
Ray
Geimer
Kaiser­
Hill
Company,
LLC
(303)
966­
2618
raymond.
geimer@
rfets.
gov
Steve
Slaten
U.
S.
Department
of
Energy
(303)
966­
4839
steve.
slaten@
rf.
doe.
gov
Inventory:
225
kg
Cd
Generation
Rate:
Low
#
8
FACILITY
NAME,
ADDRESS
AND
EPA
ID
NO.
FACILITY
CONTACTS
WASTE
BATTERIES
INVENTORY/
GENERATION
RATE,
KG
1
U.
S.
Department
of
Energy
Savannah
River
Site
Highway
125
Jackson,
SC
29831
EPA
ID
#:
SC1890008989
Bruce
Lawrence
Westinghouse
Savannah
River
Company
803­
725­
3690
bruce.
lawrence@
srs.
gov
David
Hoel
U.
S.
Department
of
Energy
803­
725­
0818
david.
hoel@
svs.
gov
Inventory:
154
kg
Cd
Generation
Rate:
Low
U.
S.
Department
of
Energy
Los
Alamos
National
Laboratory
528
35
th
Street
Los
Alamos,
NM
87545
EPA
ID
#:
NM0890010515
Debra
(Deba)
Daymon
505­
667­
9021
deba@
lanl.
gov
James
Nunz
U.
S.
Department
of
Energy
505­
845­
4805
jnunz@
lanl.
gov
Inventory:
2
kg
Cd,
7
kg
Hg
Generation
Rate:
Low
U.
S.
Department
of
Energy
Sandia
National
Laboratories
1515
Eubank
S.
E.

Albuquerque,
NM
87123
EPA
ID
#:
NM5890110518
Phyllis
Peterson
(505)
844­
3215
pkpeter@
sandia.
gov
Ron
Dobbs
U.
S.
Department
of
Energy
(505)
845­
4428
Rdobbs@
doeal.
gov
Inventory:
750
kg
Cd
Generation
Rate:
Low
U.
S.
Department
of
Energy
Paducah
Site
P.
O.
Box
1410
Paducah,
KY
42002­
1410
Greg
Shaia
Bechtel
Jacobs
Company,
LLC
(270)
441­
5223
shaiagl@
bechteljacobs.
org
David
Tidwell
U.
S.
Department
of
Energy
(270)
441­
6807
tidwellwd@
oro.
doe.
gov
Inventory:
120
kg
Cd,
25
kg
Hg
Generation
rate:
Low
#
9
FACILITY
NAME,
ADDRESS
AND
EPA
ID
NO.
FACILITY
CONTACTS
WASTE
BATTERIES
INVENTORY/
GENERATION
RATE,
KG
1
U.
S.
Department
of
Energy
Portsmouth
Site
3930
Route
23
South
Piketon,
OH
45661
EPA
ID
#:
OH7890009093
Mitch
Newman
WASTREN,
Inc.

(740)
897­
3827
mitch.
newman@
wastren.
com
Melda
Rafferty
U.
S.
Department
of
Energy
(740)
897­
5521
raffertymj@
oro.
doe.
gov
Inventory:
367
kg
Cd,
no
Hg
Generation
Rate:
Low
Totals
Inventory:
2,653
kg
Cd,
247
kg
Hg
Generation
Rate:
23
kg/
yr
Cd,
4
kg/
yr
Hg
1.
The
quantities
of
batteries
provided
in
this
table
are
based
on
the
best
information
facilities
have
available,
and
should
be
used
only
as
an
approximate
indication
of
the
amount
of
batteries
present
or
generated
in
the
future.
