A private homeowner – a person in the eyes of the regulations – was issued a civil penalty of $7,395 for the disposal of household waste on their property.
Who:
The Oregon Department of Environmental Quality (OR DEQ, or just DEQ if you live in Oregon).
Contact: Katherine Benenati / Public Affairs Specialist / Eugene, OR / 541-686-7997 / benenati.katherine@deq.state.or.us
A person of Grants Pass. I won’t name the person in this article. I will refer to them as person. See the DEQ news release if interested.
What:
From on or about January 2017 through December 5, 2017, person disposed of approximately 80 cubic yards of household garbage and other debris at their property by open burning and burial. Upon discovery and subsequent investigation by DEQ the person was issued a civil penalty of $7,395 for violation of Oregon state regulations. DEQ also ordered that the person clean up the property within 30 days. Person didn’t appeal the penalty.
Burning household trash can pollute the air and threaten public health, especially for the young, elderly and those with respiratory conditions. Illegal dumps can pollute ground and surface water. Such dumps can also threaten human health by attracting insects and rodents.
How:
The act of discarding a material – such as by open burning or burial or other activities – causes it to be subject to federal and state regulations as a solid waste. This includes materials discarded from a household by a private citizen. Don’t be misled by the term “solid waste”, a solid waste may be in the form of a solid, semi-solid, liquid, or containerized gas (e.g. aerosol can).
Oregon, like most states, has an authorized hazardous waste program. This means that it may create and enforce its own state-specific regulations for the management of hazardous waste. Further, under subtitle D of RCRA, the cradle-to-grave management of non-hazardous waste is largely left to the states.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
I believe this incident is significant due to the severity of the penalty ($7,395!) and the fact that it was levied against a private homeowner and not a business or government agency. It’s clear to see that DEQ, like other state and federal agencies, takes its enforcement authority seriously. While the creation of new legislation and regulations may lessen from one federal administration to another, the enforcement of existing regulations – especially at the state level – can proceed and even increase.
I think any business in Oregon that generates a waste should read this incident as it may have been intended: A warning from DEQ that existing regulations will be strictly enforced and there will be consequences for their violation.
USEPA will impose a per manifest fee for each manifest submitted to the e-Manifest System based on the type (paper or electronic) and mode of submission (mail, data upload, image file upload). The final fee schedule for the system launch on June 30, 2018 has not been determined as of April 2018. USEPA will publish the final fee schedule to the program’s website prior to the system launch.
USEPA did publish estimates of the initial fees in the preamble of the January 3, 2018 User Fee Rule. As of the issuance of the Fee Rule, the best estimates for the initial per manifest fees were:
$4.00 for an electronic manifest (including hybrid).
$7.00 for a data file upload of paper manifest data.
$13.00 for the upload of paper manifest image.
$20.00 for submission of a paper manifest form by mail.
The launch of the e-Manifest System is coming! June 30, 2018. Be prepared. There will be a lot of changes to how a hazardous waste is shipped off-site for disposal or recycling.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
A question from a customer of mine who had attended my Onsite Training at their facility several months before:
Hi Dan,
I hope this finds you doing well.
During the training session back in April, there was a question raised about “do we need to apply a placard to IBCs (aka: intermediate bulk container) or can we use the 4” x 4” labels”. I cannot remember what the answer to this question was.
We ship a number of IBCs of Class 8 Corrosive Material not only domestically but also via ocean and today we place a class 8 placard on opposing sides of the IBC. Is this required or can we use the smaller 4” x 4” class 8 label?
Thanks for the help.
Best regards,
I was ready with an answer for the first half of his question but needed more time for the second part:
I can answer part of your question now. The other part will take more time and research. Please see below.
For transportation within the U.S. according to the regulations of PHMSA, there are several options for the marking, labeling, and/or placarding of an IBC. One option available is to mark and label the IBC in the same manner as a non-bulk packaging. This means a single HazMat label (4″ x 4″) near the proper shipping name and the identification number (ID number at least 12 mm high). This article I wrote explains the available options, including the above: How to Mark, Label, and/or Placard an IBC of HazMat.
The requirements for hazard communication on an IBC per the Dangerous Goods Code of the International Maritime Organization (IMO) are not immediately known to me. I will need to research the answer and reply.
I now have an answer to the second part of your question. Please see below.
Per the IMDG Code (i.e. the regulations of the IMO), an IBC of more than 450 L (119 gal) must be marked on two opposing sides (5.2.1.4) and must be labeled on two opposing sides (5.2.2.1.7).
This differs from the domestic regulations of PHMSA which has many options but includes an option to label and mark on only one side.
I hope this helps. Please contact me with any other questions.
The answer still required some clarification:
Hi Daniel,
Thanks for this information. The last part of our question relates to the size. Today we place a placard on each side of the tote but we are wondering if we can use a 4” x 4” label instead. This would be easier and less costly.
Thanks again.
And clarification was forthcoming:
In both instances (domestic and international) a 4″ x 4″ HazMat label is acceptable.
And appreciated!
Thanks!!!!!!
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
It’s not that uncommon that days, weeks, months, or even years after a training session a customer reaches out to me for clarification on some aspect of the regulations. I don’t charge for these services and answer questions gladly! I understand that the day – or days – of Onsite Training can be overwhelming. It may take sometime to process the information and apply it to your regulated activities; that’s when the questions come up. In the case of this customer my training was my second time to their site to provide the following training over the course of two days (16 hours):
This article will explain the Hazardous Materials Regulations (HMR) of the USDOT/PHMSA for the packaging and transport of lithium cells or batteries shipped for disposal or recycling.
The transportation in commerce of lithium cells or batteries is subject to myriad regulations, both domestic and international. However, within the HMR at 49 CFR 173.185(d) is an exception to full regulation for lithium cells or batteries when shipped for the purposes of disposal or recycling.
Before we begin…
Though brief – two sentences making one paragraph – the exception contains terms identified elsewhere in the HMR and references to other regulations as a condition of compliance. It will be helpful to identify some of these up front.
The testing and record keeping requirements of §173.185(a) are referenced as one of the reliefs offered by this exception. While the testing and record keeping are to be performed by the lithium cell or battery manufacturer, it is the responsibility of the shipper to ensure the data is available.
The exception requires the lithium cells or batteries to be packaged in a “strong outer packaging”. Definitions may vary but this could be something as simple as a sturdy cardboard box. More description of a strong outer packaging is provided later in this article.
The exception provides relief from the specification packaging requirements at §173.185(b)(3)(ii). A specification packaging is one designed, manufactured, tested, and marked to indicate it meets certain criteria established by the USDOT and/or the United Nations and will be able to withstand the conditions of transport.
The U.S. Environmental Protection Agency (USEPA) requires a person to manage the waste it generates – including lithium cells or batteries shipped for recycling or disposal – subject to the regulations of the Resource Conservation and Recovery Act (RCRA). Lithium cells or batteries to be shipped for recycling or disposal may be managed as a hazardous waste with the characteristic of reactivity (D003). Lithium cells or batteries to be shipped for recycling only may be managed as a universal waste.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
The exception is valuable to shippers of lithium cells and batteries transported for disposal or recycling but it has its limits. Be certain your intended shipment falls within the scope and applicability of the exception. The limits of the exception identified here apply to all lithium cells or batteries subject to §173.185(d).
This particular exception is found only within the HMR of the USDOT/PHMSA. The Dangerous Goods Regulations of the International Air Transport Association (IATA) do not allow for the transport of lithium cells or batteries by air if shipped for the purpose of disposal or recycling. The Dangerous Goods Code of the International Maritime Organization (IMO) do allow for the transport of lithium cells or batteries by vessel for the purpose of disposal or recycling but not in the same manner as the USDOT/PHMSA.
The exception does not apply to lithium cells or batteries that are damaged, defective, or part of a recall. Those are subject to regulation under §173.185(f).
Both lithium cells and batteries are subject to this exception.
Both lithium ion (including lithium ion polymer) and lithium metal (including lithium alloy) cells and batteries are subject to this exception.
Of the three (3) possible configurations for shipping lithium cells and batteries, only two are subject to this exception:
Lithium cells or batteries shipped alone – subject to the exception.
Lithium cells or batteries contained in equipment – subject to the exception.
Lithium cells or batteries packed with equipment – not mentioned in §173.185(d) and therefore – I believe – not subject to the exception.
Mode of transportation must be by motor vehicle only. As noted earlier, the IATA Dangerous Goods Regulations do not allow for the transport of lithium cells or batteries by air for the purpose of disposal or recycling.
Lithium cell or battery must be transported to one of the following:
A facility for the purpose of recycling the lithium cells or batteries. A recycling facility is not required to have a permit though under USEPA’s regulations a waste generator is responsible for the final disposal of the lithium cells or batteries.
Conditions of the exception and the relief from the HMR:
The conditions of the exception and the relief it offers can be divided into two parts. These two parts will be considered separately.
Part 1 applies to all lithium cells or batteries shipped for disposal or recycling. It offers partial relief from the HMR if its conditions are met.
Part 2 applies solely to a lithium cell or battery subject to the part 1 conditions that also meets the size, packaging, and hazard communication conditions in §173.185(c)(1)-(3); in other words, a “smaller lithium battery”. Those lithium cells or batteries subject to part 2 of the exception are excepted from most requirements of the HMR.
Lithium cells or batteries must be packed in a “strong outer packaging”. For a detailed explanation of what USDOT/PHMSA means by a “strong outer packaging” refer to this article: What is a strong outer packaging? In brief, a strong outer packaging is:
…outermost enclosure…
…provides protection against release of contents…
…sturdy, durable…
…meets general packing requirements of §173, subpart B…
…need not comply with specification packaging requirements of §178…
Strong outer packagings? Sure!
The packaging must comply with the general packing requirements of §173.24 (General requirements for packagings and packages) and §173.24a (Additional general requirements for non-bulk packagings and packages). These are the same general packing requirements to be met by a “strong outer packaging”. This isn’t nearly as challenging as it may seem. The general packing requirements – though too long to list in their entirety here – are pretty basic. In brief they are:
No release of hazmat to the environment.
Effectiveness of packaging not reduced by transport.
No hazmat reside on outside of package.
May only use authorized packaging.
Packaging must be compatible with hazmat.
Characteristics of hazmat must be within specifications of packaging (if specification packaging is used).
More…
Though excepted from the specification packaging requirements of §173.185(b)(3) (see later in this article) the lithium cells or batteries must still comply with the following (LOI 15-0100 and LOI 14-0246):
§173.185(b)(1) which mandates compliance with the general packing requirements of §173, subpart B (again?!?)
§173.185(b)(2): lithium cells or batteries must be packaged in a manner to prevent all of the following:
Short circuits.
Movement within the outer package.
Accidental activation of the equipment.
§173.185(b)(3)(i) which requires lithium cells or batteries to be placed in non-metallic inner packagings that completely enclose the cells or batteries, and separate them from contact with equipment, other devices, or conductive materials (e.g. metal) in the package.
“…non-metallic inner packagings that completely enclose the cells or batteries…”? Sure!
Relief from the HMR (part 1):
The conditions of part 1 of the exception – if complied with – offer the following relief from full regulation:
The lithium cells or batteries are excepted from the testing and record keeping requirements of §173.185(a) which are explained in this article: General Requirements and Provisions for the Transportation of Lithium Batteries but you don’t need to read it. Just be glad that compliance with this paragraph means you don’t have to meet the testing and record keeping requirements for lithium cells or batteries.
The “strong outer packaging” (see earlier in this article) used to contain the lithium cells or batteries for shipment does not need to meet the specification packaging requirements of §173.185(b)(3).
Conditions of the exception and relief from the HMR (part 2):
A lithium cell or battery in compliance with all of the conditions of part 1 that also meets the requirements of §173.185(c) for its size, packaging, and hazard communication (otherwise known as a “smaller lithium cell or battery”) is not subject to any other requirements found in the HMR for the following:
Shipping papers
Package marks or markings
HazMat labels
Placards
Emergency information
HazMat Employee training
What is a “smaller lithium cell or battery”?
Status
Lithium Ion Battery
(Watt-hour (Wh) Rating)
Lithium Metal Battery
(Lithium Content (g))
Battery
Cell
Battery
Cell
Subject to "smaller battery exception"
Does not exceed 100 Wh
Does not exceed 20 Wh
Does not exceed 2 g
Does not exceed 1 g
Subject to full regulation
Exceeds 100 Wh
Exceeds 20 Wh
Exceeds 2 g
Exceeds 1 g
Subject to "smaller battery exception" by highway or rail
Does not exceed 300 Wh
Does not exceed 60 Wh
Does not exceed 25 g
Does not exceed 5 g
This lithium ion battery was removed from a lap top computer.
As a rule of thumb: most lithium cells or batteries used in consumer products meet the definition of a “smaller lithium cell or battery”.
For a complete description of the packaging and hazard communication requirements of §173.185(c) you’ll have to research it yourself or wait for a later article. The most restrictive requirement applicable to shipments of lithium cells or batteries for disposal or recycling is found at §173.185(c)(1)(vi) which limits the gross package weight to no more than 30 kg (66 lb) unless the lithium cells or batteries are contained in equipment.
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In sum:
That may seem like a lot – and it is! But if you’ll allow me to break it down into some common language and make a few generalizations you’ll see that this exception offers pretty good relief from full regulation without too much trouble.
Accumulate and ship lithium cells and batteries gathered from consumer devices.
Package each lithium cell or battery in a plastic sandwich bag.
Place each lithium cell or battery in a sturdy cardboard or plastic container purchased at a hardware store.
Maintain the gross package weight to no more than 30 kg (66 lb). For this reason it might be a good idea to limit the packaging to a volume of 5-gallons.
Use some common sense when filling and closing the packaging.
As you can see, the transport of lithium cells or batteries is not easy and is not likely to get any easier. If you ship lithium cells or batteries for any reason other than for recycling or disposal you will be subject to entirely different – and likely more strict – regulations. Be sure to carefully research the regulations and consult with an expert before you make a critical decision.
Frequently Asked Questions:
Q: May lithium ion cells and batteries and lithium metal cells and batteries be combined in the same package in compliance with §173.185(d)?
Q: May dry cell alkaline batteries and lithium cells and batteries be combined in the same package in compliance with 173.185(d)?
A: Yes, if the dry cell alkaline batteries meet all of the requirements of Special Provision 130(b) and are therefore no longer subject to the HMR, i.e. a non-hazardous material, when transported by highway. Note: there is an exception for used dry-cell alkaline batteries shipped for recycling or disposal at Special Provision 130(d). Used dry-cell alkaline batteries shipped subject to the exception at Special Provision 130(d) may not be combined in the same package with batteries of a different chemistry, i.e. lithium cells or batteries (LOI 09-0160).
Q: May batteries of a different chemistry, such as a lead-acid battery, and lithium cells and batteries be combined in the same package in compliance with §173.185(d)?
A: No. The scope and applicability of §173.185(d) is limited solely to lithium cells and batteries. Only non-hazardous materials (e.g. a used dry-cell alkaline battery in compliance with Special Provision 130(b)) may be combined with lithium cells and batteries in compliance with §173.185(d). Note: in all cases the shipper is required to ensure the materials combined in a package will not react violently or prove incompatible to the contents or the packaging.
Q: What’s the big deal about lithium cells and batteries?
A: Test data has shown that even while partially discharged, lithium cells and batteries pose a risk of evolving a dangerous quantity of heat while in transportation (LOI 09-0160).
Q: Can damaged, defective, or recalled lithium cells or batteries be transported in comliance with the HMR?
A: Yes, if done in compliance with §173.185(f).
Q: Is §173.185(d) my only option for shipping lithium cells or batteries for recycling or disposal?
A: No. §173.185(g) allows a shipper to obtain an approval from USDOT/PHMSA to ship lithium cells or batteries in a manner not prescribed by the HMR. A shipper also has the option to obtain a special permit to allow it to ship hazardous materials in a manner not prescribed by the HMR. Read: Special Permits, Exemptions, Approvals, and Exceptions to the Hazardous Materials Regulations
Just one of those questions I receive all the time:
hi so i was wondering what would the be the safest way to transport asbestos in a regular ford van?
thank you!
My reply:
I apologize for my delay. I will try to answer your question. Please see below.
If friable (able to reduce to dust by hand pressure), asbestos is regulated as a hazardous material by USDOT/PHMSA.
If transported by or for a business on a public roadway (i.e. “in commerce) it is subject to full regulation of USDOT/PHMSA. This includes but is not limited to: shipping paper, HazMat labels & markings on the package, authorized packaging, training for HazMat Employees.
As a Class 9 Miscellaneous hazardous material, asbestos in transportation does not require placards to be displayed on the vehicle (read: Is the Class 9 Placard Required?) If the vehicle is less than 10,000 lbs and does not leave your state it is unlikely to be subject to regulation as a commercial motor vehicle (check with your state!).
I hope this helps. Please don’t hesitate to contact me with any other questions.
A question from someone in the HazMat transportation business (06.02.17):
The company I work for hauls frac tanks recently we had a tank that was used to store red diesel heating oil when we went to pick up the tank there was a gallon or two residual left in tank are we allowed to transport the tank with residuals in it and do we need paper work and placards.
My attempt to buy some time that same day:
Please give me some time to research and provide an answer.
My reply eleven days later (06.13.17):
UN1993, Diesel fuel in an intermediate bulk container
Thank you for your patience. I will try to answer your question. Please see below.
A bulk packaging (e.g. frac tank) is not subject to the exception and if it contains any residue of a hazardous material must be transported in commerce as a fully-regulated HazMat.
A fully regulated bulk packaging transported in commerce requires placards, shipping paper, trained personnel, &etc.
I hope this helps. Please don’t hesitate to contact me with any other questions.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
If you’re like me you probably thought the launch day for the e-Manifest System would never come. Well, it looks like both of us were wrong! After missing several of its self-imposed deadlines (see: History of the e-Manifest System) the U.S. Environmental Protection Agency recently announced (January 3, 2018) the date the e-Manifest System will go into affect nation-wide; that date is June 30, 2018.
The hang-up preventing implementation of the system all these years was deciding on a fee structure to pay for it. That has now been resolved.
Many within the regulated community still have questions about the system and how it will work, such as:
Will I be allowed to continue using a paper uniform hazardous waste manifest after June 30th?
Is it possible for the uniform hazardous waste manifest to be completely replaced by an electronic form?
What are the fees and who must pay them?
Will information on my uniform hazardous waste manifest be made publicly available?
Will I have to wait for my state to implement this new rule?
Subscribe to the e-Manifest ListServ to receive updates (I recommend this!)
Take the e-Manifest for a test drive.
And a lot more.
Also, I suggest you attend the general e-Manifest webinar scheduled for March 28, 2018 at 2:00 pm (ET). “This webinar session will provide the latest e-Manifest updates in preparation for the June 30, 2018 launch of e-Manifest. The theme for this e-Manifest webinar is ’90 Days to Launch’.”
You may access the live, general webinar session at 2:00 p.m. on March 28 by clicking here.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
The purpose of this article is to identify and explain the regulations of the USEPA that allow a large quantity generator of hazardous waste (LQG) to consolidate hazardous waste received from a very small quantity generator (VSQG).
Prior to the implementation of the Generator Improvements Rule on May 30, 2017 a VSQG had seven options for the on-site or off-site treatment, storage, or disposal of its hazardous waste. Also prior to the Generator Improvements Rule a hazardous waste generator could not receive hazardous waste from another generator – even a VSQG it owned – unless it was permitted or authorized by either USEPA or a state with an authorized hazardous waste program as a hazardous waste treatment, storage, or disposal facility (TSDF).
That changed May 30, 2017 with the implementation of the Generator Improvements Rule. This new rule now allows an LQG to consolidate hazardous waste received from one or more VSQGs.
Not sure of your hazardous waste generator status?
But wait! I’m not an LQG, I’m a small quantity generator of hazardous waste (SQG). Am I prohibited from consolidating VSQG hazardous waste at my facility if I meet all of the other requirements of these regulations? No. Per my communication with the USEPA, an SQG may consolidate the hazardous waste of a VSQG at its facility if it meets all of the requirements of this regulation and complies with the conditions for exemption for a large quantity generator at §262.17 and the independent requirements for an LQG at §262.10(a)(1)(iii). See later in this article for more information on these requirements.
The term very small quantity generator (VSQG) is also a creation of the Generator Improvements Rule. Formerly, the regulations referred to this status as the conditionally exempt small quantity generator (CESQG).
Since this regulation is less stringent than previous regulations, states with an authorized hazardous waste program are not required to adopt all of its provisions. Those states that choose to adopt it may not do so until July 31, 2019.
Some states (e.g., Minnesota) already operate consolidation programs that go beyond what USEPA is finalizing here. “It is not EPA’s intention to interfere with existing state consolidation programs.”
The Federal regulations of the USEPA referenced in this article refer to a notification to the USEPA using the Site ID form (EPA Form 8700-12). When a state -if a state – adopts this new rule it will require the notification be made to its state environmental regulatory agency instead of the USEPA. Also, it may the require the use of a state-specific notification form and may add other requirements (like a fee) as well.
Interested in site specific training at your site that covers this topic, and more!
This regulation only applies to the hazardous waste generated at one or more VSQGs and sent for consolidation to a single LQG. SQGs or other state-specific hazardous waste generator status are not applicable. However, in the future USEPA will consider the expansion of this provision to allow for consolidation of VSQG hazardous waste at a small quantity generator (SQG).
Both the LQG and VSQG must be under the “control” of the same “person”.
“Control” for the purposes of this regulation is identified at both §262.17(f) for LQG and §262.14(a)(5)(vii) for VSQG as the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate generator facilities on behalf of a different person shall not be deemed to “control” such generators.
A few more things about “control”:
The key terms used in the definition for “control” here are the same used in the exclusion from the definition of solid waste for hazardous secondary materials that are generated and legitimately reclaimed under the control of the generator (40 CFR 261.4(a)(23)) under the 2015 Definition of Solid Waste Rule. Thus, USEPA is remaining consistent in how it defines “control” across varying regulations.
Companies within the same corporate structure would be considered “under the control of the same person” if they meet the definition of same “person” and “control” as outlined above.
Army National Guard and Reserve units that may be VSQGs can send their hazardous waste to an active Army base that is an LQG as it is seen to be under the “control” of the same “person”.
Individual laboratory buildings that are VSQGs and are part of a university or industrial entity that is an LQG may consolidate their hazardous waste under these regulations as it is seen to be under the “control” of the same “person”.
In the future USEPA will consider the expansion of this provision to allow for consolidation of VSQG hazardous waste at an LQG under the control of a different person.
Person means an individual, trust, firm, joint stock company, Federal Agency, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body.
Hazardous waste accumulated at a VSQG for consolidation may be accumulated solely in a container whereas once the hazardous waste is consolidated at the LQG it may be accumulated separately or consolidated with other VSQG waste collected by the LQG or with the LQGs own hazardous waste in any of the four hazardous waste accumulation units allowed for hazardous waste generators by USEPA: container, tank, drip pad or containment building. Communication with USEPA confirmed that VSQG waste consolidated at an LQG may be accumulated in any of the four hazardous waste accumulation units. This point is not clear from the regulations and further explanation may be helpful (if you’re interested).
In explaining the provisions of the new rule in the Federal Register (Volume 81, No. 228 / Monday, November 28, 2016), USEPA solely refers to hazardous waste accumulation at both the VSQG and LQG in containers. No mention is made of any of the other three hazardous waste accumulation units nor is the term “accumulation unit” used. Additionally, wherever the Federal Register refers to the requirements for compliance with these provisions the language applies solely to hazardous waste in containers, e.g., in explaining waste management at 81 FR 85775 USEPA states that hazardous waste received from a VSQG is not eligible for management under the satellite accumulation regulations of §262.15. It would not be necessary to state this if USEPA anticipated LQGs to consolidate VSQG hazardous waste in any accumulation unit other than containers since §262.15 does not allow for the accumulation of hazardous waste in a satellite accumulation area in any accumulation unit other than a container. This evidence indicates to me that USEPA foresaw the consolidation of VSQG hazardous waste at an LQG to take place entirely in containers.
And, the regulations applicable to a VSQG for the consolidation of its waste at an LQG (§262.14(a)(5)(viii)(B)) require it to label its container(s) of hazardous waste. No mention is made of any other hazardous waste accumulation units at the VSQG.
However, once in the Federal Register (81 FR 85775) and – most importantly of all – in the regulations applicable to an LQG for the consolidation of hazardous waste received from a VSQG (§262.17(f)(3)) USEPA refers to the labeling and marking regulations of §262.17(a)(5). That paragraph contains the labeling and marking requirements of an LQG for containers and tanks.
This led me to believe that while the accumulation of the hazardous waste at the VSQG and its transfer to the LQG must take place entirely in containers, once received at the LQG it may be consolidated in containers or tanks as long as all of the conditions for exemption applicable to an LQG are met. However, as noted above, VSQG waste consolidated by an LQG may be accumulated at the LQG in any of the four hazardous waste accumulation units.
And that’s it! (Of course, a VSQG must comply with all of the conditions for exemption of a VSQG at 40 CFR 262.14).
Aside from these conditions, the same standards apply to waste consolidated at an LQG under this provision as to other VSQG waste, including the exemption from the requirement for use of the uniform hazardous waste manifest when transported off-site – though USDOT/PHMSA regulations for the transportation of a hazardous material will still apply. The result is the self-transport of hazardous waste by a VSQG to an LQG is possible under this provision.
LQG conditions for exemption:
LQG must notify USEPA at least thirty (30) days prior to receiving the first shipment of hazardous waste from a VSQG. Notification must be made using EPA Form 8700-12 and must identify the following:
Name(s) and site address(es) for the VSQG(s).
Name and business telephone number for a contact person for the VSQG.
Note: USEPA has revised the EPA Form 8700-12 to include a section for LQG notification of VSQG hazardous waste consolidation.
LQG must submit an updated EPA Form 8700-12 within thirty (30) days after a change in the name or site address of a VSQG. Note: the updated notification is required for changes to the name and site address of the VSQG only. It is not required for changes solely to the name and business telephone number for the VSQG contact person.
The LQG must maintain records of shipments of hazardous waste received from a VSQG. Records must be retained for three (3) years from the date the hazardous waste was received from the VSQG. Records must include the following:
Identify the name, site address, and contact information for the VSQG.
A description of the hazardous waste received.
The quantity of waste received.
The date the waste was received.
Note: this recordkeeping condition can be fulfilled through routine business records, such as a bill of lading.
The LQG must comply with the independent requirements for an LQG at §262.10(a)(1)(iii) for all hazardous waste received from a VSQG.
Complete hazardous waste determination and maintain records.
Determine hazardous waste generator category.
Notify USEPA to obtain EPA identification number and re-notify as required.
Use the uniform hazardous waste manifest for off-site shipments.
Comply with the pre-transport requirements for off-site transportation of hazardous waste.
Submit reports and maintain records as required. Note: a new source code was added to the biennial report instructions that LQGs will use to identify the hazardous waste received from a VSQG to differentiate from hazardous waste the LQG generated on-site.
Comply with requirements for transboundary movements of hazardous waste, if applicable.
LQG must comply with the conditions for exemption of an LQG at §262.17 for all hazardous waste received from a VSQG. This includes but is not limited to the following:
On-site accumulation time limit with the accumulation time limit extension.
Air emission standards.
Condition of containers.
Compatibility of waste with container.
Containers kept closed.
Weekly inspections.
Special conditions for ignitable and reactive wastes.
Note: the two preceding bullet points may be summarized as simply this: manage the hazardous waste received from a VSQG and consolidated at an LQG the same as a hazardous waste generated at an LQG. Except for the following:
The LQG must label the container or unit (refer to the discussion of allowed hazardous waste accumulation units in the Scope and applicability section of this document) as required by §262.17(a)(5) for a hazardous waste container or tank. However, instead of marking the container or unit with the date of initial accumulation the LQG is to mark the container or unit with the date accumulation started at the LQG (i.e., the date the hazardous waste was received from the VSQG). If the LQG is consolidating incoming hazardous waste from a VSQG with either its own hazardous waste or with hazardous waste from other VSQGs, the LQG must label each container or unit with the earliest date any hazardous waste in the container was accumulated on site.
Other conditions of this provision that deserve emphasis:
Hazardous waste consolidated at an LQG from VSQG(s) can not be accumulated in a satellite accumulation area pursuant to §262.15. It must either be managed in the LQG’s central accumulation area or immediately shipped off-site for treatment, storage, or disposal.
There is no limit on the amount of hazardous waste an LQG can receive from VSGQs under the consolidation regulations.
There is no restriction on the type(s) of hazardous waste an LQG can receive from VSQGs under the consolidation regulations.
The transportation of the waste from the VSQG to the LQG may be done without a uniform hazardous waste manifest – though the regulations of USDOT/PHMSA for the transport of a hazardous material still apply (among the requirements for this type of transportation would be HazMat Employee training). This allows for the self-transport of the waste by the generator between the sites (VSQG to LQG). Per communication with USEPA the collection and transport of VSQG waste from multiple sites to a single LQG is allowed as long as all requirements of USDOT/PHMSA are met.
Interstate transportation of VSQG waste for consolidation at an LQG will be limited by each state’s decision whether or not to adopt the provisions of this new rule. In the event of interstate (between two or more states) transport of VSQG waste to an LQG for consolidation it is the responsibility of the VSQG to ensure that all states have adopted this provision, especially the exemption from the requirement to use the uniform hazardous waste manifest and to ascertain a state’s policy on the transport of such waste if it has not adopted these regulations.
These new regulations are located in the conditions for exemption applicable to both a VSQG and an LQG at §262.14 and §262.17, respectively. That means that compliance with these requirements – if a generator decides to manage its hazardous waste in this manner – is required for a generator to function without the need for a permit as a hazardous waste storage facility. If a generator taking advantage of this consolidation provision fails to meet one or more of the conditions for exemption it would be subject to penalty as a facility operating as a hazardous waste storage facility without a permit. However, the failure of an LQG to meet one of the conditions for exemption does not mean the VSQG is will lose its permit exemption provided the VSQG meets its conditions for exemption and vice versa.
I am uncertain as of this writing if a generator that does not meet the definition of an LQG (§260.10), e.g., a small quantity generator, could consolidate VSQG waste in compliance with §262.17(f) if it met all of the requirements for an LQG at §262.17. I have submitted this question to USEPA and will update this information when an answer is provided.
Conclusion and summary:
This new regulation may be of great benefit to many hazardous waste generators; particularly those with multiple small non-contiguous (i.e. not connected) sites. For many in the regulated community it has been a long wait for a relief like this. And it may continue to be a wait as states decide whether or not to adopt this new provision. I suggest the following for generators who are considering the application of these provisions:
Determine the status of the Generator Improvements Rule in general, and this particular provision specifically, in your state. Contact your state environmental agency and ask them directly if uncertain.
Identify those VSQGs under the control of the same person that may be able to take advantage of this provision.
Identify an LQG that will function as the consolidation point for the VSQG waste. Personnel of the LQG will require initial Hazardous Waste Personnel training with an annual review.
Classify the VSQG waste according to the Hazardous Materials Regulations of USDOT/PHMSA to determine if it is a hazardous material and, if so, how it is regulated when transported in commerce. Personnel of both the VSQG and the LQG involved in the transportation of the VSQG waste must receive HazMat Employee training every three years.
If transport is interstate (between two or more states), determine the status of these regulations in each state the VSQG waste will traverse and what it requires for compliance.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
The Generator Improvements Rule created ~60 changes to the Federal regulations of the USEPA for the management of hazardous waste. Some of those changes are significant; such as the allowance for Episodic generation of hazardous waste by a VSQG or SQG. (Read: Episodic Generation of Hazardous Waste for a VSQG or Episodic Generation of Hazardous Waste for an SQG). Some were minor but critical; such as creating a definition for a commonly used term like the Central Accumulation Area at 40 CFR 260.10. And others are just typographical, like this one.
40 CFR 261.6(c)(6) used to read:
“Scrap metal” is bits and pieces of metal parts (e.g.,) bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.
Now it reads:
“Scrap metal” is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
It’s the superfluous end parenthesis “)” after the first “e.g.,” It used to look like this: (e.g.,) and now looks like this: (e.g.,
Just a minor typographical error. It doesn’t impact the definition of scrap metal at all. But for those of us interested in the details of the regulations it is a relief to see even these minor corrections.
The Generator Improvements Rule contains a lot more changes. Some of them are significant enough to affect your day-to-day compliance status when managing hazardous waste. Make certain you have satisfied yourself of the following:
In an earlier article I summarized the responsibilities of a hazardous waste generator for the completion and distribution of the Uniform Hazardous Waste Manifest (Manifest). Read: Use and Distribution of the Uniform Hazardous Waste Manifest. That article dealt only with the Federal regulations of the U.S. Environmental Protection Agency (EPA). In this article – and those that follow – I will detail the requirements of individual states regarding the distribution of the Manifest. Since the regulations of a state with an authorized hazardous waste program must be at least as strict as those of the EPA and can be more strict (state regulations can’t be less strict than Federal regulations), state regulations may require more than those of the EPA.
In this article: New Jersey!
State regulatory agency:
New Jersey Department of Environmental Protection (NJ DEP).
Manifest copy distribution in New Jersey:
Page 1 (top copy): “Designated facility to destination State (if required)”. A designated facility in New Jersey is not required to submit this page to the NJ DEP.
Page 2: “Designated facility to generator State (if required)”. A designated facility is not required to submit this copy to the NJ DEP for a generator of hazardous waste located in New Jersey.
Page 3: “Designated facility to generator”.
Page 4: “Designated Facility’s copy”.
Page 5: “Transporter’s copy”.
Page 6 (bottom copy): “Generator’s initial copy”
State requirements to modify the EPA-required manifest copy distribution outlined above:
None
Though required by some states a New Jersey generator of hazardous waste is not required to mail a copy of the Manifest to the NJ DEP.
Additional state requirements for the management of the uniform hazardous waste manifest:
Use of the Manifest is required for shipments of hazardous waste generated by a large quantity generator (LQG) or small quantity generator (SQG).
