These amendments to 6 CCR 1007-3, Part 261 are made
pursuant to the authority granted to the Hazardous Waste Commission in §
25-15-302(2),
C.R.S.
Introduction
The Colorado Hazardous Waste Regulations (CHWRs), 6 CCR
1007-3, Part 261, Subpart B allow chemicals or other materials that are solid
wastes to be added to the hazardous waste listing if the chemical or material
can be shown to meet any of the criteria listed in 6 CCR 1007-3, Section
261.11(a). Pursuant to 6 CCR 1007-3, Section 261.11(b), classes or types of
solid waste may also be listed as hazardous waste if wastes within the class or
type of waste are, typically or frequently hazardous under the definition of
hazardous waste found in the Colorado Hazardous Waste Act. That is, a
"hazardous waste" means a solid waste which may "cause or significantly
contribute to an increase in mortality or an increase in serious irreversible,
or incapacitating reversible illness or poses a substantial present or
potential hazard to human health or the environment when improperly treated,
stored, transported, or disposed of, or otherwise managed." C.R.S. §
25-15-101(6)(a).
The Division has previously requested listing of other
chemical agents in the past. The Division submitted a proposal to the Hazardous
Waste Commission to list Mustard Agents as acute hazardous (P listed) wastes in
June, 1997. The Commission adopted these changes at the rulemaking hearing on
August 19, 1997. Additionally, the Division previously requested addition of
chemical weapons containing Sarin and Mustard agents and environmental media,
debris, and containers contaminated through contact with these agents to the
specific source hazardous wastes, K901 and K902 listed hazardous wastes
respectively in June, 2001. The hazardous constituents that formed the basis
for listing the K901 and K902 hazardous wastes in 6 CCR 1007-3, Part 261,
Appendix VII were Sarin and both types of sulfur Mustard agents, HD and HT. The
Commission adopted these changes at the rulemaking hearing on June 19,
2001.
Currently, K901 wastes are described as waste chemical
weapons using or containing any chemical compound identified in Appendix VII of
Part 261 as the basis for the listing. K902 hazardous wastes consist of "Any
soil, water, debris or containers contaminated through contact with waste
chemical weapons listed as K901. Acute hazardous wastes are subject to more
stringent management requirements than wastes that are not acute, including
limited waste accumulation volumes.
Until recently, it was believed that Sarin and the Mustard
agents wastes were the only chemical agent wastes that existed in Colorado.
However, during the last year it was discovered that Lewisite chemical agent
wastes may also be buried at the Pueblo Chemical Depot. Currently, the Army is
formulating plans to excavate two Solid Waste Management Units (SWMUs 12 and
13) at the Pueblo Chemical Depot. There are reports indicating that between
1944 and 1946, an unspecified number of Lewisite - containing munitions
(possible maximum of 160 M70 bombs and various shells) may have been buried in
at least one of these areas onsite.
When Lewisite agent is discarded as defined in 6 CCR
1007-3, Section 261.2(a)(2), the agent becomes a solid waste and meets at least
one of the regulatory criteria set forth under 6 CCR 1007-3, Section 261.11(a).
Accordingly, if Chemical Weapons, or Environmental Media, Debris, and
Containers Contaminated through Contact with Waste Chemical Weapons containing
Lewisite are discarded as defined in 6 CCR 1007-3, Section 261.2(a)(2), they
pose a substantial present and potential hazard to human health or the
environment if they are improperly treated, stored, transported, disposed of,
or otherwise managed. For this and other reasons presented herein, Waste
Lewisite Chemical Weapons, or Environmental Media, Debris, and Containers
Contaminated through Contact with Lewisite should be added to the existing K901
and K902 -listed hazardous wastes.
Statement of Basis and
Purpose
These amendments to the CHWRs are made pursuant to the
authority granted to the Hazardous Waste Commission in C.R.S. §
25-15-302(2).
The Colorado Department of Public Health and Environment,
Hazardous Materials and Waste Management Division (the Division) is proposing
two revisions to 6 CCR 1007-3, Parts 261. The proposed revisions provide for
the following amendments to Part 261 of the CHWRs:
1) Addition of Lewisite Agent (L)
(2-Chlorovinylarsine dichloride (L1), Dichlorovinylchloroarsine (L2), and
2,2',2"-Trichloro-trivinylarsine (L3)) to Appendix VIII "Hazardous
Constituents"; and,
2) Addition of
Lewisite Agent (L1, L2, L3) to Appendix VII - "Basis of Listing
Hazardous
Waste" for K901 and K902
hazardous waste listings.
Adding Lewisite to the list of hazardous constituents for
the existing K901 and K902 listings will allow for a more robust ability to
manage and regulate both the acute toxic Lewisite agent as well as secondary
wastes contaminated through contact with the material.
Lewisite (L) is an organoarsenic compound. It
was once manufactured in the U.S., Japan, and Germany for use as a chemical
weapon, acting as a vesicant (blister agent) and lung irritant.
The regulatory criteria for listing a hazardous waste or
listing classes or types of solid waste can be found in 6 CCR 1007-3, Section
261.11. In summary a solid waste can be listed as a hazardous waste if it meets
any one of three (3) criteria: first, if the solid waste exhibits any
characteristic of a hazardous waste; second if a solid waste presents or is
suspected to present certain acute human health hazards; and third, if it is
capable of posing a substantial present or potential hazard to human health or
the environment when improperly managed. The second criterion applies to Acute
Hazardous Waste, as the Division has proposed for the Lewisite Agent, Waste
Chemical Weapons, and Environmental Media, Debris, and Containers Contaminated
through Contact with Waste Lewisite Chemical Weapons.
Currently, the only facility in Colorado known to have
material affected by this hazardous waste listing is the Pueblo Chemical Depot
(PCD). This facility is owned and operated by the United States Army (the
Army).
Overview of Chemical Weapons, Lewisite
Agent L
In the past, international agreements such as that arising
from the 1972 Biological and Toxin Weapons Convention focused on the
destruction of biological and toxin weapons that were manufactured and
stockpiled as a result of their production during wartime. These agreements
have left nations with the formidable task of treating and disposing of these
lethal weapons.
The Chemical Weapons Convention (CWC), the most recent of
such agreements sought to clarify both the definition of Chemical Weapons and
the prohibitions on the development, production, acquisition, stockpiling,
destruction, and use of chemical weapons. Article II of the CWC defines
chemical weapons in three parts. First, chemical weapons are "identified as all
toxic chemicals and their precursors, except those intended for purposes
allowed by the CWC," second as "munitions and devices specifically designed to
release these toxic chemicals," and third as "any equipment specifically
designed for use with such munitions or devices." (OPCW Fact Sheet 2,
2001).
Chemical weapons are defined in Section 260.10 of the CHWRs
to clearly define the K-waste listing. The regulatory definition closely
follows the definition for "chemical agent and munitions" found in
50 USC
1521(j) which is used by
both the U.S. Environmental Protection Agency and the Department of Defense. In
proposing this regulatory definition the Division reviewed the comprehensive
definition provided by the CWC to ensure that the definition "does not
unnecessarily hinder the legitimate use of chemicals and the economic and
technological development to which such uses may lead" (OPCW Fact Sheet 4,
2001). The Division believes that the definition for lewisite-containing
chemical weapons is consistent with that provided by the CWC.
Lewisite was developed as a chemical warfare blister agent
during World War I and was named after its inventor Captain W. Lee Lewis. It is
no longer produced in the United States. The general population will not be
exposed to Lewisite. People that are potentially exposed to Lewisite are
soldiers or people who work at military sites where Lewisite may be stored or
disposed.
Pure Lewisite is a colorless, odorless oily liquid;
however, synthesized agent is amber to dark brown liquid with a geranium like
odor. Lewisite may exist as the trans or cis
isomer. In basic solution, the trans isomer of Lewisite is
cleaved to yield acetylene and sodium arsenite. In addition, the
cis isomer of Lewisite may be photoconverted to the
trans isomer, and the trivalent form of arsenic in Lewisite
oxide is generally oxidized to pentavalent arsenic under environmental
conditions. Lewisite is an unstable compound; thus, environmental exposures may
be to a mixture of Lewisite with one or more of its degradation products and/or
frequently occurring impurities. Lewisite has moderate vapor pressure, and if
released into the air, it is expected to exist solely in the vapor phase. Once
in the air, Lewisite is expected to degrade slowly (may persist for a few days
before being broken down). Lewisite has low water solubility, but it rapidly
hydrolyzes in water forming the water-soluble product 2-chlorovinyl arsonous
acid (CVAA) and hydrochloric acid, but small amounts may evaporate. Lewisite
will be broken down in moist soil quickly, but small amounts may evaporate.
Lewisite does not accumulate in the food Chain. Lewisite is an organic
arsenical with vesicant properties. Lewisite-1 (L-1) is formed by the reaction
of acetylene with arsenic trichloride using aluminum trichloride as a catalyst.
Arsenic trichloride, Lewisite-2 (L-2; bis(2-chlorovinyl) chloroarsine), and
Lewisite-3 (L-3; tris(2-chlorovinyl) arsine) are co-products/impurities
concurrently formed with L-1. L-1 yield is greater than 65%, and approximate
yields of arsenic trichloride, L-2, and L-3 are 16-21%, 7-10%, and 4-12%,
respectively. Therefore, an accidental release from storage tanks or disposed
chemical weapons of L will likely be the release of a mixture of L-1, L-2, L-3,
and arsenic trichloride. Exposure will be to these compounds and to potential
hydrolysis products, sodium arsenite (NaAsO2) and arsenic acid (H3AsO4).
Toxicity data on arsenic trichloride are limited; however, effects are similar
to those of L-1. With regard to lethality, arsenic trichloride appears to be
approximately 2-3 times less toxic than L-1.
Health Effects of Lewisite
As summarized by the National Research Council (NRC,
2013)1, Lewisite is readily absorbed through the
mucous membranes, and is also readily absorbed through the skin because of its
lipophilicity. Lewisite causes local corrosive damage and may cause systemic
poisoning after absorption through skin or mucous membranes. Lewisite is
immediately and highly irritating at concentrations of about 6-8
mg/m3. The geranium-like odor is reportedly
detectable at 14-23 mg/m3 (Gates et al. 1946 as
cited by NRC, 2013).
Exposure to lewisite causes almost immediate irritation and
burning sensation of the eyes, skin, upper respiratory tract, and lungs. Death
may result from direct pulmonary damage or circulatory failure from fluid loss
and arrhythmia. Death that occurs within 24 h of exposure is likely due to
pulmonary damage. According to ATSDR (2014)2,
exposure to very high levels of lewisite may cause liver and kidney damage.
Additionally, chronic respiratory diseases and severe damage to the eye may be
present for a long time following exposure to large amounts of lewisite.
Chronic exposure to lewisite may lead to arsenical poisoning.
Human exposure data are dated and many studies are not well
described. No information concerning developmental or reproductive toxicity or
genotoxicity with regard to Lewisite exposure in humans was identified.
Information suggesting an increased cancer incidence in workers from a Japanese
poison gas factory is confounded because workers were exposed to several
chemicals.
Animal data are limited but suggest that lewisite is highly
irritating and corrosive, causing dermal and ocular lesions by contact with
liquid or vapor inhalation. There is no evidence that Lewisite is a
reproductive or developmental toxicant in rats or rabbits in the absence of
maternal toxicity. Genotoxicity assay results were generally negative; the only
positive result was in chromosome aberrations in Chinese hamster ovary (CHO)
cells. No information concerning carcinogenicity in animals was found.
Acute lethality
Inhalation
The inhalation LC50 for lewisite vapor in humans was
estimated to be 120 mg/m3 for 10 min and 50
mg/m3 for 30 min.
In rabbits, 7.5-min LC50 of 160 mg/m3 and a 60-min LC50 of
25 mg/m3 was reported (Gates et al. 1946 as cited by
NRC, 2013). In guinea pigs, a 9-min LC50 of 111
mg/m3 and a 60-min LC50 of 8
mg/m3 were reported (Gates et al. 1946 as cited by
NRC, 2013).
Dermal
In humans an LC50 of 3,300 mg/m3
for 30 min for lewisite vapor absorption through the bare skin was estimated.
This estimate is based on animal data and assumes that absorption of lewisite
through skin is a function of the ratio of surface exposed to body volume. A
dermal LD50 of more than 40 mg/kg was also estimated based on animal data (NRC
2013).
In rabbits, dermal LD50 of 6 mg/kg and intravenous LD50 of
0.5 mg/kg were reported (Cameron et al. 1946 as cited by NRC, 2013). In guinea
pigs, a dermal LD50 of 12 mg/kg and subcutaneous LD50 of 1 mg/kg were also
reported (Cameron et al. 1946 as cited by NRC, 2013).
Ingestion
Ingestion of Lewisite is an uncommon route for exposure but
can lead to local effects and systemic absorption. Ingestion of Lewisite may
cause severe stomach pain, nausea, vomiting, and bloody stools ATSDR
(2014)2 and ATSDR
(2002)3.
Regulatory Evaluation
The regulatory criteria for listing a solid waste as a
hazardous waste can be found in 6 CCR 1007-3, Section 261.11. As explained
previously, this proposed listing applies to Lewisite Agent, and Environmental
Media, Debris, and Containers Contaminated through Contact with Waste Chemical
Weapons containing Lewisite that have been determined to be solid wastes. Solid
waste that has been found to be fatal to humans in low doses, or in the absence
of data on human toxicity, has been shown in studies to have certain specific
levels of toxicity in animals, may be listed as hazardous waste by the
Division. As discussed above, Lewisite Agent, by its inherent design as a
lethal chemical agent, is fatal to humans in low doses. Toxicological data and
other information are readily available to establish that Lewisite is fatal to
humans in low doses. Pursuant to the CHWRs, materials exhibiting these criteria
will be designated as Acute Hazardous Wastes.
Chemical weapons containing Lewisite, are designed to pose
similar hazards to human health and the environment, as do the pure chemical
agents. These hazards are due both to the presence and demonstrated high
toxicity of the chemical agents themselves. The Division is seeking the
addition of Lewisite to the Waste Chemical Weapons as a general class of
hazardous waste because the weapons themselves, i.e. the shell casings and
other material composing the "chemical weapon", are contaminated with the
chemical agent. In addition, any Environmental Media, Debris, and Containers
which are solid wastes that have been generated as a result of the treatment,
storage, or disposal of Chemical Weapons, frequently or typically pose a hazard
to human health because these materials can also be contaminated with the
chemical agent contained in the weapon. Accordingly, Waste Chemical Weapons and
Environmental Media, Debris, and Containers Contaminated through Contact with
Waste Chemical Weapons "pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored, transported, or
disposed of, or otherwise managed." C.R.S. §
25-15-101(6)(a).
The Division believes that shell casings, munitions,
devices, and other equipment used to contain, and release chemical agents as
part of a Waste Chemical Weapon can be assumed to be contaminated with chemical
agent as these components are often in direct contact with the chemical agent.
While it may be true that some of the components of a Waste Chemical Weapon may
not be in direct contact with the chemical agent itself, the Division believes
that the potential for these components to become contaminated with the
chemical agent as a result of the agent leaking out is a realistic
concern.
The Division also believes that Environmental Media,
Debris, and Containers which are solid wastes generated as a result of the
treatment, storage, or disposal of Waste Chemical Weapons frequently or
typically pose a hazard to human health because these materials can also be
contaminated with the chemical agent contained in the weapon. In fact, the
"Army generates a number of secondary waste streams, primarily from treatment
of wastes to remove or destroy chemical agent, that may contain minute amounts
of the agents or associated compounds." (Army Vol. 1, pg. 40, 1999).
In order to assure that these secondary wastes are handled
and disposed of appropriately, the Division is proposing the addition of
Lewisite to the existing K901 and K902 listing for Waste Chemical Weapons and
Environmental Media, Debris, and Containers Contaminated through Contact with
Waste Chemical Weapons to the hazardous waste listings. Wastes that meet the
K902 listing description would not carry the listing code for Waste Chemical
Weapons (K901) which might otherwise be applied to these wastes based on the
mixture and derived from rules. The Army appears to agree with this contention.
For example, the Army has proposed to list the following wastes as K-hazardous
wastes in Utah: spent chemical neutralization solutions used to neutralize
chemical agents, miscellaneous solids such as glass, metal, and wood
contaminated with chemical agents, spent laboratory or monitoring and testing
materials such as rags, wipes, gloves, aprons, and ppe contaminated with
chemical agent, antifreeze, hydraulic fluid and refrigerants contaminated with
chemical agents, spent carbon from air filtration equipment contaminated with
chemical agent, ash, cyclone residue, baghouse dust, slag and refractory
contaminated with chemical agent, and brine salts, liquids, solids and sludges
generated from pollution abatement systems designed for treatment of chemical
agents. The Army contends that these "waste streams are all proposed to be
listed because they typically or frequently contain (or at one time contained)
toxic constituents B specifically one or more of the chemical agents . . ."
(Army Vol. 1, pg. 69, 1999).
Based on the above regulatory evaluation, Waste Chemical
Weapons and Environmental Media, Debris, and Containers Contaminated through
Contact with Waste Chemical Weapons meet the necessary criteria presented in
Section 261.11(b) of the CHWRs for listing as a class of hazardous waste. In
addition, waste Lewisite Agent meets the necessary criteria presented in
Section 261.11(a) of the CHWRs for listing as an acute hazardous waste.
Therefore, the Division proposes that Waste Chemical Weapons and Environmental
Media, Debris, and Containers Contaminated through Contact with Waste Chemical
Weapons and Lewisite Agent be added to the K-listed wastes found in Sections
261.32 and 261.33 of the CHWRs respectively. The Division specifically proposes
to add Lewisite to the waste codes K901 for Waste Chemical Weapons, K902 for
Environmental Media, Debris, and Containers Contaminated through Contact with
Waste Chemical Weapons.
Lewisite Agent is also proposed for addition into
Appendices VII and VIII of Part 261 of the CHWRs to identify the specific
chemicals which form the basis for the K-listings. As previously stated,
Mustard Agents are already P-listed hazardous wastes in the CHWRs. Addition of
Lewisite to Appendix VII identifies the specific chemical agents that pose the
acute health hazard (basis for listing) in the proposed listings.
Benefits of Listing Lewisite as a hazardous
constituent forming the basis for the K901 Waste Chemical Weapons, and K902
Environmental Media, Debris, and Containers Contaminated through Contact with
Waste Chemical Weapons as Hazardous Waste
The principal benefits of listing Lewisite as hazardous
wastes include the following:
1) The
State will have an increased regulatory framework for
management of
waste
Lewisite Agent,
Waste Chemical Weapons containing Lewisite, and any
Environmental Media, Debris, and Containers Contaminated through Contact with
Waste Chemical Weapons which contain concentrations of the chemical agents.
Approving the proposed listing will require more complete and appropriate
treatment, as well as adequate record keeping and
management of current and
future inventories of these
waste streams under the CHWRs.
The Division believes this proposed listing is appropriate
given the extreme toxicity of Lewisite agent and the potential for solid waste
generated during management of chemical weapons to be contaminated with
chemical agents. The Department will have additional accountability from the
Army thereby ensuring protection of human health and the environment during
management of waste Lewisite Agent, Waste Chemical Weapons, or Environmental
Media, Debris, and Containers Contaminated through Contact with
Lewisite-containing Waste Chemical Weapons. Management of these wastes will
include the time during interim management (the time between recovery and
treatment) of the wastes, during treatment and destruction of the wastes, and
throughout disposal of the wastes.
2) There will be an increase in the
regulatory guidelines and enforcement accountability for the treatment and
management of associated waste streams including munitions parts, personnel
protective equipment (PPE), dunnage, etc. If the proposed listing is approved,
Lewisite-containing wastes would carry the listings until they are either
delisted, fully treated or decontaminated, or properly disposed of. These
associated waste streams, resulting from the demilitarization process, may be
large in volume, and could potentially have significant impacts on human health
and the environment if improperly managed.
3) Under the proposed listings, any spills
(to soil or otherwise) or other impacts to environmental media would require
cleanup and disposition as listed wastes under the "mixture rule." The mixture
rule provides that material mixed with a listed hazardous waste become a
hazardous waste. This provision helps ensure that waste quantities are
minimized, and ensures the protection of public health and the environment
through proper management of these contaminated wastes.
4) This listing will require the Army to
consider
waste management planning as a factor in the Chemical Demilitarization
Process which will be chosen for any Lewisite agent rounds recovered and stored
at the Pueblo Chemical Depot. All listed
waste streams must be managed
adequately to protect public health and the environment. In addition, the
planning process may result in the minimization of
waste generation in the
excavation and cleanup of burial areas.
The anticipated costs to the Army related to the impact of
these proposed listings are minimal when compared to the overall cost of
treatment and destruction of chemical agents and the decommissioning and
disposal of any recovered chemical weapons. Many of the costs to manage these
wastes streams are already required to ensure worker safety.
1 NRC (2013). Acute exposure
guideline levels for selected airborne chemicals: Volume 15. Washington (DC):
National Academies Press (US).
2 ATSDR (2014). Medical
Management Guidelines for Blister Agents: Lewisite (L) (C2H2AsCl3) and
Mustard-Lewisite Mixture (HL). Available at:
https://www.atsdr.cdc.gov/mmg/mmg.asp?id=922&tid=190
3 ATSDR (2002). FAQs on Blister
agents: Lewisite and Mustard-Lewisite Mixture. Available at:
https://www.atsdr.cdc.gov/toxfaqs/tfacts163.pdf
Statement of Basis and Purpose Rulemaking Hearing of
February 21, 2017
Notes
6 CCR 1007-3-8.87
37
CR 24, December 25, 2014, effective 3/2/2015
38
CR 11, June 10, 2015, effective 6/30/2015
39
CR 05, March 10, 2016, effective
3/30/2016
39
CR 11, June 10, 2016, effective
6/30/2016
40
CR 06, March 25, 2017, effective
4/14/2017
40
CR 11, June 10, 2017, effective
6/30/2017
40
CR 21, November 10, 2017, effective
11/30/2017
41
CR 06, March 25, 2018, effective
4/14/2018
41
CR 11, June 10, 2018, effective
6/30/2018
41
CR 24, December 25, 2018, effective
1/14/2019
42
CR 06, March 25, 2019, effective
4/14/2019
42
CR 06, March 25, 2019, effective
5/30/2019
42
CR 11, June 10, 2019, effective
6/30/2019
43
CR 12, June 25, 2020, effective
7/15/2020
44
CR 06, March 25, 2021, effective
4/14/2021
44
CR 11, June 10, 2021, effective
6/30/2021
44
CR 24, December 25, 2021, effective
1/14/2022
45
CR 11, June 10, 2022, effective
6/30/2022
45
CR 17, September 10, 2022, effective
9/10/2022
45
CR 17, September 10, 2022, effective
9/30/2022
45
CR 23, December 10, 2022, effective
1/30/2023
