The regulations of the USEPA include exclusions from the definition of hazardous waste for certain discarded materials.  This exclusion is limited to specific industries, processes, and chemicals identified by regulation.  This exclusion is important since if a discarded material is not a hazardous waste it is not subject to complicated and expensive regulation under the Resource Conservation and Recovery Act (RCRA).

This article is meant to serve as an introduction and a starting point for all of the exclusions of §261.4(b).  Below are links to articles which themselves are Power Point presentation previously uploaded to SlideShare and later posted on my blog.  As of June 2013 I am still a long way from completion, but be patient, I’ll eventually get to them all. If you are not patient, then contact me with a request, I’ll do my best to accommodate your wishes as soon as I can by posting another blog post/SlideShare Upload.

40 CFR 261.4(b)…

(1) Household waste.

(2) Agricultural waste.

(3) Mining overburden.

(4) Fossil fuel combustion waste.

(5) Oil, gas, or geothermal exploration & production wastes.

(6) Trivalent chromium wastes.

(7) Mining and mineral processing waste.

(8) Cement kiln dust.

(9) Arsenic-treated wood.

(10) Petroleum-contaminated waste from underground storage tanks.

(11) Petroleum-contaminated injected groundwater.

(12) Used chlorofluorocarbon refrigerants.

(13) Non-terne plated used oil filters.

(14) Used oil re-refining distillation bottoms that are used as feedstock to manufacture asphalt products.

(15) Leachate or gas condensate collected from landfills where certain solid wastes have been disposed.

(16) [Reserved]

(17) Solid waste that would otherwise meet the definition of low-level mixed wastes (LLMW) pursuant to §266.210 of this chapter that is generated at the Ortho-McNeil Pharmaceutical, Inc. (OMP Spring House) research and development facility in Spring House, Pennsylvania and treated on-site using a bench-scale high temperature catalytic oxidation unit [expired June 27, 2010].

(18) Solvent-contaminated wipes, except for wipes that are hazardous waste due to the presence of trichloroethylene, that are sent for disposal.

40 CFR 261.4(b)(13) excludes non-terne plated used oil filters, a solid waste, from regulation as a hazardous waste if the requirements of the regulations are met. This presentation briefly summarizes the requirements of this RCRA exclusion from regulation.

In an earlier article I reviewed the operations and activities that are subject to the Hazardous Material Regulations (HMR) of the PHMSA/USDOT.  Among other criteria, 49 CFR 171.1 indicates the HMR is applicable to a person who performs a Pre-Transportation Function and any one of the following:

• Offers a hazardous material for transportation in commerce.
• Transports a hazardous material in commerce.
• Causes a hazardous material to be transported in commerce.

Just what, is a Pre-Transportation Function? (more…)

A generator of any solid waste is required to complete a hazardous waste determination according to the procedure at 40 CFR 262.11.  This determination is typically made at the point of generation, ie., at the moment the solid waste is first generated.  However, a generator’s responsibility to complete the hazardous waste determination may continue beyond the initial point of generation if the solid waste may later undergo a chemical or physical change. (more…)

In the previous article of this series I described the requirements of 40 CFR 265.34 – Access to Communications or Alarm Systems.  That section of Part 265 specified what was required of a large quantity generator (LQG) or a small quantity generator (SQG) of hazardous waste to provide immediate access to communications and alarm systems for its personnel.

The purpose of this article: identify and explain the requirements of 40 CFR 265.35 – Required aisle space for generators of hazardous waste under the emergency preparedness and prevention regulations of 40 CFR 265, subpart C.  This article is the sixth in a series that will look closely at each section of 40 CFR 265, Subpart C and explain its requirements, how they apply to generators of hazardous waste, and what is required for compliance.  Keep in mind that the regulations of your State may differ from these Federal regulations.

Hold on a minute!  These regulations were revised and moved to a new location within Title 40 of the CFR by the Generator Improvements Rule.  If your state has not yet adopted the Generator Improvements Rule, then this article is still applicable to you (but it won’t be for much longer).  If your state has adopted and been authorized to enforce the Generator Improvements Rule, then these regulations no longer apply to you.  Read: What is the status of the Generator Improvements Rule in my state?

To see an explanation of these regulations as revised by the Generator Improvements Rule you must refer to the following:

• Large quantity generator of hazardous waste (LQG)
• Small quantity generator of hazardous waste (SQG)

To see an explanation of the regulations prior to the revisions of the Generator Improvements Rule, please continue reading this article. (more…)

Colleges and universities are subject to the hazardous waste regulations of the Resource Conservation and Recovery Act (RCRA) the same as any other business within the US.  The regulations of a state with an authorized hazardous waste program may be more strict and more broad than the Federal regulations.  The violations noted below are derived from USEPA Region 1 which includes the New England states.  The information compiled below may be of some use in attaining compliance at your university or college.  It is not, however, meant to be an all-inclusive list and does not provide guidance to comply with applicable State or Federal regulations.

• Failure to clearly label and mark satellite accumulation containers with the words “hazardous waste” and other words that identify the contents of the containers, such as the chemical name [40 CFR 262.34(a)(3)]
• Failure to clearly mark and date the period of accumulation for each accumulation container. [40 CFR 262.34(a)(2)]
• Failure to provide and document initial hazardous waste training. [40 CFR 265.16]
• Failure to separate or otherwise protect containers of hazardous waste from other containers storing incompatible materials or wastes [40 CFR 265.177(c)]
• Failure to make hazardous waste determinations. [40 CFR 262.11, 40 CFR 268.7(a), 40 CFR 268.9(a)
• Failure to accumulate hazardous waste in a closed container except when adding or removing waste. [40 CFR 265.173(a)]
• Failure to obtain a permit when storing hazardous waste for greater than 90 days. [40 CFR 262.34(a), 270.10]
• Failure to inspect hazardous waste containers, specifically failure to inspect on a weekly basis. [40 CFR 265.15(a), 40 CFR 265.174]
• Failure to have an adequate Contingency Plan for new operations. [40 CFR 265.54(c)]
• Failure to provide secondary containment around hazardous waste container storage areas in an area with a functional floor drain. [40 CFR 264.175 and 264.193]
• Failure to maintain and operate the facility in a manner to minimize the possibility any planned or unplanned release of hazardous constituents to air, soil, or surface water which could threaten human health or the environment. [40 CFR 265.31]
• Failure to maintain adequate aisle space to allow the unobstructed movement of personnel or emergency equipment in the container storage areas. [40 CFR 265.35]

Not only is the lack of training a violation in itself, if properly conducted Hazardous Waste Personnel training can help to eliminate the remainder of the above violations.  My Onsite Training is  a great way to meet the RCRA training requirements and to learn what is required to maintain compliance with all of the RCRA regulations.  Please don’t hesitate to contact me for a free training consultation.

Healthcare facilities may generate a variety of wastes, though due to the nature of their operations, these waste may fall into one of several common categories.  Each of these wastes will require special on-site handling and off-site disposal depending on their characteristics and the applicable regulations of the USEPA or a state with an authorized hazardous waste program.  In addition to state or federal hazardous waste regulations, these wastes will also be subject to the Hazardous Material Regulations (HMR) of the PHMSA/USDOT when transported or offered for transportation.  In either case it is the responsibility if the generator of the waste and/or the shipper of the hazardous material to make the proper classification and comply with the applicable regulations.

Common healthcare waste are identified below:

You  may also generate a waste that is not regulated by USEPA or your state under the Resource Conservation and Recovery Act (RCRA) but may be regulated in transportation by the PHMSA/USDOT as an Infectious Substance (Hazard Division 6.2).  Please read this article regarding the Exception for the Transportation of Regulated Medical Waste to ensure compliance.

The Hazardous Material Regulations (HMR) of the PHMSA/USDOT regulate the transportation in commerce of an Infectious Substance (Hazard Class 6, Division 6.2).  The description of Division 6.2 at 49 CFR 173.134 includes a definition of both Regulated Medical Waste and Sharps, and an exception from full regulation under the HMR for Regulated Medical Waste if shipped as required.  The purpose of this article is to explain the requirements to comply with the exception for transportation of a Regulated Medical Waste. (more…)

PHILADELPHIA (June 5, 2013) — The U.S. Environmental Protection Agency has ordered Century Aluminum of West Virginia to develop an updated cleanup plan for a former industrial facility in Ravenswood, W.Va., that was used for the storage and disposal of hazardous materials that were byproducts of aluminum production.

EPA is currently overseeing cleanup activities at the site, located on Route 2 South, Century road, Ravenswood, W.Va., where soil and groundwater is contaminated with cyanide, fluoride, lead, arsenic and Polycyclic Aromatic Hydrocarbons (PAHs). Cleanup work includes restoration of contaminated groundwater to drinking water standards and to control human and environmental exposure to hazardous wastes in the soil that remain in place at the plant.

Under the order announced today, the company must develop a plan, known as a materials management plan, that identifies specific locations at the plant where contaminants remain, and put in place procedures and safeguards for any future construction or excavation in those areas. The plan must be approved by EPA and the West Virginia Department of the Environmental Protection. The plan must include a health and safety section for the safety of workers and contractors doing excavation or construction work in these known contaminated areas.

The order also restricts using groundwater beneath the property for drinking water. Using the property for any purpose other than industrial is prohibited unless it is demonstrated that there is no threat to human health or the environment.

Aluminum production began at the site in 1957 when Kaiser Aluminum and Chemical Corporation began operations. The facility included a plant that produced aluminum from alumina ore, and a plant that produced plate and coil aluminum alloy. The former Kaiser plant was sold in 1989 to Ravenswood Aluminum Corporation, which later changed its name to Century Aluminum of West Virginia. In 1999, Century Aluminum sold 500 acres of the facility to Pechiney Rolled Products but Century Aluminum retained the plant that produces aluminum, which covered approximately 350 acres. In February 2009, Century Aluminum shut down the aluminum production operation due to the low demand for aluminum.

For more information about EPA’s civil enforcement of the Resource Conservation and Recovery Act (RCRA), go to: http://www.epa.gov/compliance/cleanup/rcra/

It is interesting to note that this enforcement action is being handled under the authority of RCRA and not under the Superfund Amendments and Reauthorization Act (SARA) which amended the earlier Comprehensive Environmental Response, Compensation and Liability Act (CERCLA).  While SARA has the authority to clean-up abandoned sites and spills where ownership cannot be established, RCRA has the authority to recover contaminated sites where ownership is known, as in this case.

The hazardous waste regulations of the Resource Conservation and Recovery Act (RCRA) require certain generators of hazardous waste (large quantity generators and small quantity generators) to conduct regular inspections of hazardous waste accumulation containers and tanks.  While you may be aware of the inspection requirements, you may not be aware of your responsibility to maintain a record of those inspections. (more…)