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Marking and Labeling of Hazardous Waste Accumulation Units Under the Generator Improvements Rule

Marking and Labeling of Hazardous Waste Accumulation Units Under the Generator Improvements Rule

The Generator Improvements Rule (effective 05.30.17 in the regulations of the U.S. Environmental Protection Agency and states without an authorized hazardous waste program) will make many changes to the regulations applicable to a generator of hazardous waste.

Read here for more information:

The purpose of this article is to identify and explain a new requirement of the Generator Improvements Rule that is more stringent than existing regulation:  the marking and labeling of hazardous waste accumulation units.

Applicability and Scope:

These new requirements apply to all generators of hazardous waste utilizing almost every hazardous waste accumulation unit, hazardous waste transporters, and hazardous waste Treatment, Storage, and Disposal Facilities (TSDF).

Hazardous Waste Generators:

USEPA regulations (some states vary) identify three hazardous waste generator status; each of them now defined at 40 CFR 260.10.

  • Large Quantity Generator (LQG)
  • Small Quantity Generator (SQG)
  • Very Small Quantity Generator (VSQG).  Formerly the Conditionally Exempt Small Quantity Generator (CESQG), another change of the Generator Improvements Rule.

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Others Handlers of Hazardous Waste:

  • Hazardous waste transporter managing a hazardous waste container at a transfer facility.
  • Storage of a hazardous waste in a container or tank at a TSDF.

Hazardous Waste Accumulation Units:

USEPA regulations allow four types of hazardous waste accumulation units for hazardous waste generators; each of them defined at 40 CFR 260.10.

  • Container.  Any portable device used for the accumulation of a hazardous waste.  Most commonly used by hazardous waste generators.
  • Tank.  A stationary device designed to contain hazardous waste and is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic).
  • Drip pad.  Used exclusively at wood preserving plants.  It is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippings from treated wood, precipitation, and surface water run-on to an associated collection system.
  • Containment building. An entire building with doors and windows is the containment for bulky hazardous wastes.  Subject to the requirements of a permitted Treatment, Storage, and Disposal (TSDF) Facility.

Management Options for Containers of Hazardous Waste:

While three of the above four accumulation units are stationary and remain at the generator: tank, containment building and drip pad; the container can be managed on-site under a variety of regulatory options by all generator status and may also be shipped off-site for treatment, storage, or final disposal.

  • A container of hazardous waste accumulated in a Central Accumulation Area (CAA) as defined at §260.10 at an LQG or SQG.
  • A container of hazardous waste managed by an LQG or SQG in a Satellite Accumulation Area (SAA) pursuant to §262.15.
  • A container of hazardous waste managed by an LQG or SQG prepared for off-site transportation by a hazardous waste transporter to a RCRA-permitted TSDF.

Additional Management Options at a Hazardous Waste Generator:

The new Generator Improvements Rule created two new situations where the marking and labeling of hazardous waste accumulation units at a hazardous waste generator is required.

  • A container or tank of hazardous waste at either a VSQG or SQG subject to the new regulations that allow for episodic generation.
  • A container of hazardous waste generated at a VSQG and managed prior to self-transport to an LQG for consolidation.
  • A hazardous waste accumulation unit at an LQG that receives hazardous waste generated by a VSQG for consolidation.

Two Distinct Types of Marking and Labeling:

The Generator Improvements Rule identifies two methods of hazard communication to improve the safety of hazardous waste personnel and to ensure proper treatment and disposal of hazardous waste.

  • An indication of the hazards of the contents in a hazardous waste container, tank, or containment building
  • the applicable EPA hazardous waste number (RCRA hazardous waste code) for the hazardous waste in a container.

While the latter is self-explanatory, the former requires further explanation.  Wherever the regulation applies, USEPA explains what is required in the following text:

An indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704)

What USEPA wants is a mark or label on the hazardous waste accumulation unit that indicates the hazards of what’s inside.  The generator can determine its method to meet this requirement.  The following are suggested by USEPA:

  • Words indicating the applicable USEPA hazardous waste characteristic(s):  ignitable, corrosive, reactive, or toxic.
  • The HazMat labels or placards used by the USDOT to identify its nine hazard classes of hazardous materials:
    • Explosive (six divisions and 13 compatibility groups)
    • Compressed gas (three divisions)
    • Flammable and combustible liquid
    • Flammable and reactive solids (three divisions)
    • Oxidizers and organic peroxides
    • Poisonous materials and infectious substances
    • Radioactive materials
    • Corrosives
    • Miscellaneous
  • A hazard statement or pictogram used by the Occupational Safety and Health Administration (OSHA) as part of what is popularly known as the Global Harmonization System.
  • A chemical hazard label as used by the National Fire Protection Association (NFPA).

So, throughout this article or in the USEPA regulations wherever you read “an indication of the hazards of the contents…”, refer to the above examples to meet this requirement.

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The New Labeling and Marking Requirements of the Generator Improvements Rule:

Container of hazardous waste in CAA at SQG or LQG [§262.16(b)(6) & §262.17(a)(5)]:

  • “Hazardous waste”
  • Date of initial accumulation
  • An indication of the hazards of the contents.

Note:  A VSQG is not required to label or mark its containers of hazardous waste.

Container of hazardous waste in SAA at SQG or LQG [§262.15(a)(5)]:

  • “Hazardous waste”
  • An indication of the hazards of the contents.

Note1:  Hazardous waste in an SAA is not subject to the 90/180 day on-site accumulation time limit.

Note2:  The previous regulations for SAAs at §262.34(c)(1)(ii) required an SQG or LQG to mark its SAA containers “either with the words ‘Hazardous Waste’ or with other words that identify the contents of the containers” are no longer in effect.

Note3:  A VSQG has no reason to accumulate its hazardous waste in an SAA.

Tank of Hazardous WasteTank of hazardous waste at SQG or LQG [§262.16(b)(6) & §262.17(a)(5)]:

  • “Hazardous waste”
  • An indication of the hazards of the contents.

Note1:  While subject to the 90/180 day on-site accumulation time limit, a tank containing hazardous waste is not required to be marked or labeled with the date of initial accumulation.  The length of time the hazardous waste in a tank has been on-site is to be documented by use of inventory logs, monitoring equipment, or other records.

Note2: A VSQG is not required to label or mark its tank(s) of hazardous waste.

Containment building of hazardous waste at SQG or LQG [§262.16(b)(5) & §262.17(a)(4)]:

  • “Hazardous waste”
  • An indication of the hazards of the contents.

Note1:  Label or mark must be in a conspicuous place easily visible to employees, visitors, emergency responders, waste handlers, or other persons on site.

Note2:  A VSQG can not accumulate its hazardous waste in a containment building.

Drip Pad of hazardous waste at SQG or LQG [§262.16(b)(4) & §262.17(a)(3)]:

None

Note1:  (Page 85769, FR Vol. 81, No. 228 11/28/16) “The Agency is not finalizing the provision that would require SQGs and LQGs to mark drip pads with the words ‘Hazardous Waste’ in a conspicuous place easily visible to employees, visitors, emergency responders, waste handlers, etc.

Note2:  Inventory logs and records must be kept on-site and readily available for inspections.

Note3:  VSQGs may accumulate hazardous waste on drip pads as long as they also comply with the technical standards of 40 CFR part 265 subpart W similar to an SQG or LQG.

Container of hazardous waste at SQG or LQG prepared for off-site transportation [§262.32(b-d)]:

  • “Hazardous Waste”An indication of the hazards of the contents
  • “Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.”
  • Generator’s Name and Address ____.
  • Generator’s EPA Identification Number ____.
  • Manifest Tracking Number ____.
  • EPA Hazardous Waste Number(s) ____.

Note1:  Lab packs that will be incinerated in compliance with §268.42(c) are not required to be marked with EPA Hazardous Waste Number(s), except D004, D005, D006, D007, D008, D010, and D011, where applicable.

Note2:  A generator may use a nationally recognized electronic system, such as bar coding, to identify the EPA Hazardous Waste Number(s).

Note3:  This requirement applies solely to containers with a capacity of 119 gallons or less (i.e. what USDOT refers to as a non-bulk packaging).

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

http://www.danielstraining.com/

Container of hazardous waste at a transfer facility [§263.12(b)]:Hazardous Waste Transfer Facility

When consolidating the contents of two or more containers with the same hazardous waste into a new container, or when combining and consolidating two different hazardous wastes that are compatible with each other, the transporter must mark a container with the following information:

  • “Hazardous Waste”
  • EPA Hazardous Waste Number(s) ____.

Note1:  A transporter may use a nationally recognized electronic system, such as bar coding, to identify the EPA Hazardous Waste Number(s).

Note2:  This requirement applies solely to containers with a capacity of 119 gallons or less (i.e. what USDOT refers to as a non-bulk packaging).

Container of hazardous waste in storage at a TSDF [§268.50(a)(2)(i)]:

  • Contents of container
  • “Hazardous Waste”
  • EPA Hazardous Waste Number(s) ____.
  • An indication of the hazards of the contents.
  • Date of initial accumulation

Note1:  A TSDF may use a nationally recognized electronic system, such as bar coding, to identify the EPA Hazardous Waste Number(s).

Note2:  If a TSDF generates its own hazardous waste it must follow the applicable RCRA generator regulations (see above).

Tank of hazardous waste in storage at a TSDF [§258.50(a)(2)(ii)]:

  • Description of its contents
  • Quantity of each hazardous waste received
  • Date of initial accumulation

Note:  If not marked on the tank the information must be recorded and maintained in the operating record at that facility.

Container of hazardous waste generated at a VSQG to be transported to an LQG for consolidation [§262.14(a)(5)(viii)(B)]:

  • “Hazardous Waste”
  • An indication of the hazards of the contents.

Note: the date of initial accumulation is not required to be marked on a container of hazardous waste at a VSQG.

Hazardous waste accumulation unit at an LQG containing hazardous waste received from a VSQG for consolidation [§262.17(f)(3)]:

An LQG may – subject to the specified conditions of §262.17(f) – accumulate hazardous waste generated by one or more VSQGs under its control.  Once received, the hazardous waste may remain in its original container or it may be accumulated – alone or with other hazardous waste – in containers, tanks, or containment buildings.

  • Container:
    • “Hazardous Waste”
    • An indication of the hazards of the contents.
    • Date hazardous waste was received from VSQG.
  • Tank:
    • “Hazardous waste”
    • An indication of the hazards of the contents.

Note:  While subject to the 90 day on-site accumulation time limit, a tank containing hazardous waste is not required to be marked or labeled with the date of initial accumulation.  The length of time the hazardous waste in a tank has been on-site is to be documented by use of inventory logs, monitoring equipment, or other records.  It is not required to be marked on the tank.

  • Containment building:
    • “Hazardous waste”
    • An indication of the hazards of the contents.

Note:  Label or mark must be in a conspicuous place easily visible to employees, visitors, emergency responders, waste handlers, or other persons on site.

Some notes common to all hazardous waste accumulated at an LQG received from an LQG for consolidation:

Note1:  (Page 85775, FR Vol. 81, No. 228 11/28/16) “Because the LQG must manage the hazardous waste it receives from VSQGs according to the LQG regulations, EPA has determined the same labeling and marking requirements should apply to both its own hazardous waste and hazardous waste received from a VSQG.”

Note2:  Though part of the initial proposal, EPA is not requiring hazardous waste accumulation units at an LQG containing hazardous waste generated at a VSQG to bear the following marks or labels:

  • Other words that identify the contents of the containers.
  • The applicable hazardous waste number(s) (EPA hazardous waste code).

Container of hazardous waste at a VSQG managed as an episodic event [§262.232(a)(4)(i)]:

  • “Episodic Hazardous Waste”
  • An indication of the hazards of the contents.
  • The date upon which the episodic event began.

Tank of hazardous waste at a VSQG managed as an episodic event [§262.232(a)(4)(ii)]:

  • “Episodic hazardous waste”
  • An indication of the hazards of the contents.

Note:  The date upon which the episodic event began is to be documented by use of inventory logs, monitoring equipment, or other records.  It is not required to be marked on the tank.

Container of hazardous waste at an SQG managed as an episodic event [§262.232(b)(4)(i)]:

  • “Episodic Hazardous Waste”
  • An indication of the hazards of the contents.
  • The date upon which the episodic event began.

Tank of hazardous waste at an LQG managed as an episodic event [§262.232(b)(4)(ii)]:

  • “Episodic hazardous waste”
  • An indication of the hazards of the contents.

Note:  The date upon which the episodic event began is to be documented by use of inventory logs, monitoring equipment, or other records.  It is not required to be marked on the tank.

There you have it!  That should be every possible situation where a hazardous waste accumulation unit is required to be marked or labeled by RCRA regulations.  As you can see – except for drip pads, which remain unchanged – the new Generator Improvements Rule impacted them all.

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

http://www.danielstraining.com/

Check with your state’s environmental agency to determine how it intends to approach these new regulations and be sure to contact me if you have any questions about the management of waste and/or the Generator Improvements Rule.