RCRA Hazardous Waste Regulations

Q&A: Is my auto shop wastewater an F-listed hazardous waste?

Question:

I have a question regarding haz waste determination specifically about applicability of F-listed waste. Situation I have:

In the car repair shop floor, we have a small pit that collects water (rainwater/snow melting from cars and every now and then hosing the floor down with just water, no soap, solvent or degreaser).

We had collected that water from the pit into a 55 gallon drum (only about 3/4 full) and tested it through a laboratory for disposal. But surprisingly there was 14.3 PPM acetone and 0.09 Toluene from VOC TCLP test. We are guessing this is maybe from some paint can sprays we use in the shop that got washed down to the pit as the paint cans do have them in the ingredients. In this case, will the drum be applied F list code?

Some additional information:

  • We have variety of car paint aerosol cans (such as rust-oleum, dupli-color and other brands) and almost all of them have some Acetone and Toluene as ingredient. From the spec sheet, it typically shows 20% acetone, 10% toluene but it’s listed as % by weight. I’m not sure if that means the same as concentration.
  • These paint cans are used for painting only. The only other thing I can think of that might have those same solvent ingredients is brake cleaner spray cans used to clean brake parts when we do brake jobs. We have collection containers for waste aerosol cans.

Question for you:

  • Is there threshold number for acetone and toluene? or it’s solely dependent on if it meets the type of operation (even if very low number ppm)?
  • If because of some mist from brake cleaner spray cans or car paint spray cans getting onto the floor and going into the pit when we clean our work area will cause the whole drum to be hazardous, is there anything we can do to prevent this? The only product we use for cleaning floor as I found out today is simple green.

Thank you for your help,

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
Answer:

Thank you for contacting me. I will try to answer your questions and provide guidance based on the available information. In sum:

  • If the source of the F-listed solvents in the pit wastewater are the aerosol paint cans, then the waste is not an F-listed hazardous waste.

However…

  • If the source of the F-listed solvents in the pit wastewater are the brake cleaner aerosols, then it may be an F-listed hazardous waste.

Please see below for an explanation:

  • To be an F-listed hazardous waste each of the following conditions must be present:
    • An F-listed solvent must be present in the waste. FAQ: What are the F-listed solvents?
    • The F-listed solvent must be in a concentration of 10% or more in solution before use.
    • The F-listed solvent must be used for its solvent properties; i.e., cleaning or degreasing.
    • The F-listed solvent must be discarded once it is used and spent.

Read: F-Listed Spent Solvent Hazardous Waste

  • So, let’s compare the above criteria to your situation:
    • Both acetone and toluene are F-listed solvents (F003 & F005, respectively).
    • The spec sheet indicates a concentration of 20% acetone and 10% toluene. This concentration – before use – meets the threshold criteria for an F-listed hazardous waste.
    • F-listed solvents that are formulation ingredients of a paint are not being used for their solvent properties and can’t be an F-listed hazardous waste. But, F-listed solvents in a brake cleaner used for cleaning or degreasing are being used for their solvent properties.
    • In either case (paint or brake cleaner) the F-listed solvent is being discarded as used and spent when the overspray or spillage ends up in the pit wastewater.

Your Questions:

Q: Is there threshold number for acetone and toluene? or it’s solely dependent on if it meets the type of operation (even if very low number ppm)?

A: There is no threshold number (aka: concentration) of F-listed solvent in the waste. One drop is enough if the above criteria are met.

Q: If because of some mist from brake cleaner spray cans or car paint spray cans getting onto the floor and going into the pit when we clean our work area will cause the whole drum to be hazardous, is there anything we can do to prevent this? The only product we use for cleaning floor as I found out today is simple green.

A: The overspray or waste from aerosol paints that contain F-listed solvents will not be an F-listed Haz Waste since the solvent used in the paint is not being used for its solvent properties.
Brake cleaner is a different story. If it is used to clean brake parts it would be used for its solvent properties. It is possible – unless you can prove otherwise – that solvent from the brake cleaner, once used, then got into your pit wastewater. The best way to avoid generating an F-listed hazardous waste is to find a brake cleaner that does not contain any F-listed solvents. e.g., Isoproply alcohol is not F-listed.

Please note, some state regulations are more stringent and more broad than the Federal regulations of USEPA addressed here.

Conclusion:

The determination of a spent organic solvent as an F-listed hazardous waste can be very difficult. My explanation above does not take into account all the complexities of this determination. For a full explanation, read: The Hazardous Waste Determination for a Spent Organic Solvent as an F-Listed Hazardous Waste.

FAQ: What are the F-listed solvents?

FAQ: What are the F-listed solvents?

The USEPA regulations for the determination of a listed hazardous waste from non-specific sources (F001 – F039) are at 40 CFR 261.31. Waste codes F001 – F005 represent spent organic solvents that are a listed hazardous waste under certain conditions.

For a full explanation of the hazardous waste determination for spent organic solvents (F001 – F005), read this article: F-Listed Spent Solvent Hazardous Waste

This article will identify the solvents that are possible to be an F-listed hazardous waste as a spent organic solvent.

Here they are:
Hazardous Waste CodeHazardous Waste
(Solvent Name)		Hazard Code
F001Tetrachloroethylene(T)
Trichloroethylene(T)
Methylene chloride(T)
1,1,1-Trichloroethane(T)
Carbon tetrachloride(T)
Chlorinated fluorocarbons(T)
F002Tetrachloroethylene(T)
Methylene chloride(T)
Trichloroethylene(T)
1,1,1-Trichloroethane(T)
Chlorobenzene(T)
1,1,2-Trichloro-1,2,2-trifluoroethane(T)
Ortho-dichlorobenzene(T)
Trichlorofluoromethane(T)
1,1,2-Trichloroethane(T)
F003Xylene(T)
Acetone(T)
Ethyl acetate(T)
Ethyl benzene(T)
Ethyl ether(T)
Methyl isobutyl ketone(T)
n-butyl alcohol(T)
Cyclohexanone(T)
Methanol(T)
F004Cresols & cresylic acid(T)
Nitrobenzene(T)
F005Toluene(T)
Methyl ethyl ketone(T)
Carbon disulfide(T)
Isobutanol(T)
Pyridine(T)
Benzene(T)
2-Ethoxyethanol(T)
2-Nitropropane(T)

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

https://www.danielstraining.com/

Question: So, what if I use a solvent – e.g., isopropyl alcohol or isopropanol – that meets all of the criteria of an F-listed hazardous waste?

Answer: Neither isopropyl alcohol nor isopropanol are identified as F-listed solvents, therefore, neither – nor any other solvent not identified at §261.31 – can be an F-listed hazardous waste.

Q&A: Is a 55-gallon drum of waste gasoline also a reportable quantity (RQ) of a hazardous substance?

Question:

I’d like to commend you for the great Q&A on your website. I have referred others to answers on HW and HM Qs over the years, as you always do a great job of explaining why something does/doesn’t apply. I saw your answer that there is no RQ for gasoline as an HM: Q&A: How much diesel fuel is a reportable quantity (RQ) of a hazardous substance?, but what about when it’s waste gasoline? As it carries a D001 waste code it seems like it would apply in cases where it exceeds the D001 threshold (100 lbs).

Answer:

Thank you for contacting me. You are correct, as a hazardous waste with the D001 waste code, gasoline could be a RQ of a hazardous substance. In that case though the RQ applies to the D001 and not to the gasoline.

Please see below for clarification:

  • As documented in the above-referenced article, the definition of hazardous substance at 49 CFR 171.8 of the USDOT/PHMSA Hazardous Materials Regulations specifically excludes petroleum and related substances:Hazardous waste container

The term does not include petroleum, including crude oil or any fraction thereof which is not otherwise specifically listed or designated as a hazardous substance in appendix A to § 172.101 of this subchapter, and the term does not include natural gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel (or mixtures of natural gas and such synthetic gas).

  • Gasoline and diesel as a petroleum product are excluded from consideration as a hazardous substance and therefore can’t have a reportable quantity (RQ).
  • However, the list of hazardous substances at Appendix A to § 172.101—List of Hazardous Substances and Reportable Quantities includes the USEPA hazardous waste code for Ignitability (D001) with a RQ of 100 lb.
  • It is quite likely that gasoline as a waste for disposal will have the Characteristic of Ignitability and the D001 waste code. It is less likely – though possible – that diesel fuel as a waste will have the Characteristic of Ignitability and the D001 waste code.
  • As noted above, the reportable quantity (RQ) of D001 in a single container is 100 lb. Therefore, if a single container we
FAQ: Can a damaged, defective, or recalled (DDR) lithium cell or battery be managed as universal waste?

FAQ: Can a damaged, defective, or recalled (DDR) lithium cell or battery be managed as universal waste?

A: Maybe.

When discarded, most lithium-ion (secondary batteries) and lithium primary batteries in use today are likely to be hazardous waste due to ignitability and reactivity (D001 and D003, respectively). With the exception of households, the generator of a waste is responsible for determining whether the spent lithium batteries they generate are hazardous waste and, if they are,
how they are to be managed in compliance with Federal and State hazardous waste requirements.

One compliance option is to manage the hazardous waste lithium batteries as a universal waste.

A handler of universal waste may only manage broken or damaged lithium batteries as universal wastes if the breakage or damage does not constitute a breach in an individual cell casing. The definition of battery in 40 CFR 273.9 does not explicitly state that all batteries must be whole; however, the definition includes an intact, unbroken battery from which the electrolyte has been
removed (60 FR 25492, 25504; May 11, 1995).

Additionally, the requirements for handlers of universal waste allow certain management activities, such as sorting and mixing batteries, provided the batteries or cell casings are not breached and remain intact (sections 273.13(a)(2) and 273.33(a)(2)). The disassembly of a battery pack into individual modules or cells with no damage done to the cell casing does not make a battery damaged or defective.

In sum: A DDR lithium cell or battery may be managed as a universal waste as long as the damage does not constitute a breach in the cell casing.

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Damaged, defective, or recalled (DDR) batteries may not be transported by air. In addition, they must comply with specific Department of Transportation (DOT) packaging requirements found at 49 CFR 173.185(f).

Q&A: Is this a class 2 non-hazardous industrial solid waste in Texas?

A question about the classification of a waste as a non-hazardous industrial solid waste in Texas on Mar 8, 2022, 12:09 PM:

Daniel,

Thank you for the assistance on the UW issues I asked about in February of this year. Can you provide me with your comments on the following for waste classification in Texas for Class II classification?

We have a pretreatment system that we use to pre-clean metal parts prior to powder coating process and the tanks (1-6) go through a Quarterly PM (pressure washing process of all tanks internal walls and floor after first being emptied into a holding tank with pH adjusted per local city discharge and discharged directly into city drain).

The rinse water from this cleaning process from inside the tanks is vacuumed and removed with any sludge found on the bottom which might be in the rinse water if any. We are using Class 1 classification and I think it should be Class 2 and all lab tests on this rinse water have no elevated parameters to ever be classified as hazardous. On top of that all the tanks are emptied prior to any rinsing because the tanks are now emptied into the holding tank for final discharge into city wastewater drain.

I also wonder if this “waste water” could be excluded from any RCRA regulations and regulated instead by the Clean Water Act.

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
My reply that same day:

There is a lot to consider. I will try to answer your questions below.

  • Based on your description, it is clear you generate an industrial waste. Read: The Identification of Industrial & Non-Industrial Waste in Texas
  • Class 1 non-hazardous industrial solid waste in Texas includes the following classifications:
    • Empty containers with a capacity of more than 5 gallons.
    • Friable asbestos.
    • Polychlorinated biphenyls (PCBs).
    • Petroleum substance waste
    • New chemical substance
    • Out-of-state origin
    • Ignitable liquid and solid
    • Corrosive solid or semi-solid
    • Reactive cyanides
    • Toxic
    • Absence of data/knowledge to classify as Class 2 or 3.
  • Of the above classification options, it appears to me the waste would only be a Class 1 non-hazardous industrial solid waste if it meets the criteria for a toxic waste in the Texas Administrative Code (TAC) at 335.505(1). If it does, it is a Class 1 waste. If not, then it isn’t Class 1.
  • Of course, you have the option to self-classify it as a Class 1 waste as long as you are able to prove it is not a hazardous waste.
  • Class 2 non-hazardous industrial solid waste in Texas includes the following:
    • Plant trash
    • Supplemental plant production refuse.
    • Empty containers with a capacity of 5 gallons or less.
    • Out-of-state origin and TCEQ approves as Class 2.
  • Of the above, this waste can only be Class 2 as a supplemental plant production refuse per 335.508(3)(B).
  • As the pre-treatment of a powder-coating operation it may be eligible for universal waste as a paint and paint-related material.
  • The waste water could be managed under the Clean Water Act (CWA) and be exempt from all hazardous waste regulations (USEPA & TCEQ)  if its discharge is covered under a Federal permit with USEPA or with your publicly operated treatment works (POTW).

I hope this information is of some assistance. Please contact me with any other questions.

His reply:

Your assistance has been greatly appreciated and thank you for your e-mail. Have a great day.

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

https://www.danielstraining.com/
Conclusion:

I was unable to provide a clear answer without more information. As I see it, his options are as follows:

  1. Confirm it is not a hazardous waste. If not,
  2. Determine if it meets the TCEQ characteristic for toxicity. If yes, it is a class 1 non-hazardous industrial solid waste. If not,
  3. It will likely be a class 2 non-hazardous industrial solid waste as supplemental plant production refuse. Or,
  4. It may be managed as universal waste paint and paint-related material. Or,
  5. It may be exempt from all waste regulation is managed as a wastewater under the Clean Water Act.

FAQ: When does a LQG have to update its contingency plan?

The contingency plan is just one very important part of the many responsibilities of the large quantity generator of hazardous waste (LQG) subject to the regulations of 40 CFR 262, Subpart M for Preparedness, Prevention, and Emergency Procedures.

Not sure of your hazardous waste generator category?

Take this short survey

The regulations in §262.263 define five situations where a LQG must review and, if necessary, update its contingency plan:

  1. When applicable regulations are revised and require a change. Significant changes were made to these regulations by the Generator Improvements Rule.
  2. When a plan fails in an emergency.
  3. When a generator facility changes (i.e., design, construction, operation, maintenance, or other circumstances) in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or constituents, or changes the necessary response in an emergency.
  4. When the list of emergency coordinators changes.
  5. When the list of emergency equipment changes.

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

FAQ: What – or who – is a person (according to USEPA)?

The Federal regulations of the U.S. Environmental Protection Agency (USEPA) and those of your state, if it has an authorized hazardous waste program, frequently use the word “person”. e.g., “a generator is any person…”, or “Persons who own or operate facilities…” It is therefore important to understand how USEPA defines the word person when used in its hazardous waste regulations. (more…)

Q&A: Is secondary containment required for used oil?

Q&A: Is secondary containment required for used oil?

A question 09.28.20:

Hi Daniel,

I have inquired with you in the past and I am hoping you would be willing to help me again.
I have 55 gallon oil drums (used oil) in a few locations around my facility. I am having a hard time finding if these containers need to be on secondary containment or not. What is your input?
Thanks,

My reply that same day:

Please see below.

  • The regulations of the U.S. Environmental Protection Agency (USEPA) for the management of used oil are found in 40 CFR 279.
  • In sum, the USEPA regulations allow for the management of used oil subject to less regulation than hazardous waste even if it exhibits a hazardous waste characteristic. To obtain this “de-regulation” the used oil must meet specific criteria and be destined for fuel-blending or recycling.

Read: The Management of Used Oil

  • The USEPA used oil regulations do not contain a requirement for the generator to accumulate containers or tanks in secondary containment. However, the regulations of a state (you are in Washington) can be more stringent and more broad than those of the USEPA.
  • On its website the State of Washington Department of Ecology recommends but does not require secondary containment for used oil generators.

State of Washington Dept. of Ecology: Rules for Used Oil Generators

  • On-site quantities of oil (waste and product) above threshold amounts are subject to regulation under the Clean Water Act at 40 CFR 110 & 112. These regulations – known as Spill Prevention Control and Countermeasure (SPCC) – may require secondary containment or some other form of spill containment and control measures.
  • If required, secondary containment can be the building envelope itself.

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Question: Would there be a release to the environment if a drum of oil leaked its entire contents in a short period of time?

“No”? then likely you have secondary containment.

“Yes”, there’s a floor drain nearby? then you don’t have secondary containment.

I hope this helps. Please contact me with any other questions.

FAQ: Can the signor of the uniform hazardous waste manifest be held personally liable?

Yes.

I’ll just let that sink in…

Usually it will be the company represented by the signor, i.e., the generator or offeror of the hazardous waste that is subject to enforcement actions. However, in situations of egregious or criminal violations, the signor could be held personally liable.

Read question #3 of RO 14687

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Q&A: When does my hazardous waste generator category change?

Q&A: When does my hazardous waste generator category change?

Question December 03, 2020:

Hi Daniel,

Hope you are doing well and enjoying the season so far 😊

I was hoping you could help me with another regulatory question regarding counting waste – or point me in the right direction. My question is about weekly inspections when a site becomes a SQG (200-2,200 lbs./mo.). Here’s the scenario:

A generator became a SQG in October when hazardous waste was generated in that month and weekly inspections have been conducted since that time while the waste has been on site. The weekly inspections will be stopped once the hazardous waste is shipped off-site which will be sometime this month (December). However a very small amount (less than 5 lbs) of new hazardous waste item was generated at the site today.

  1. Does the small amount of new hazardous waste need to be included on the weekly inspection form with the other October waste items?
  2. If so, once the October waste items are hauled off, would this new small December item need to have weekly inspections continued until it is shipped off?

Hopefully this is an easy answer for you. Thank you for your time and help!

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
My reply the same day:

Thank you for contacting me. Please see below for an answer:

  • In the month of October the site was a small quantity generator of hazardous waste (SQG). I presume prior to that the site was a very small quantity generator of hazardous waste (VSQG).
  • You are correct that for the month of October the site must comply with SQG requirements at 40 CFR 262.16 for any hazardous waste generated in that month.
  • The site must continue to comply with SQG regulations for the hazardous waste generated in October for as long as it remains on-site. That includes into November & December.
  • I presume in November & December the site reverted back to its usual amount of hazardous waste generation and the VSQG category. Any Haz Waste generated in those months would be managed subject to VSQG regulations.
  • The small amount of hazardous waste generated at the site in December while it was a VSQG is not subject to weekly inspection requirements. You may manage it subject to VSQG regulations.
  • If your state has adopted the Generator Improvements Rule the site has the option of the Episodic Waste Generation for VSQG.

Read: Episodic Generation of Hazardous Waste for a Small Quantity Generator Under the Generator Improvements Rule

Read: Episodic Generation of Hazardous Waste for a Very Small Quantity Generator Under the Generator Improvements Rule

I hope this helps. Please contact me with any other questions.

Not sure of your hazardous waste generator category?

Take this short survey
Another question:Drums of Hazardous Waste

Thank you for your response!

Currently the October hazardous waste is still on-site and the generator is still complying with SQG requirements. So my question is about the new hazardous waste. Does it need to be included with the October waste count and therefore required to have weekly inspections until it is shipped off?

The October waste has taken a long time to get profiled and ready for disposal which will be hauled off in a couple weeks. Once hauled off, the ship off date will be entered on the weekly inspection form and normally that would close it out. However, if the small amount of new waste that was generated today has to be included on the weekly inspections, then does that mean it has to continue inspections until it is shipped off?

I also responded back in your email below in bold red font.

Thank you for contacting me. Please see below for an answer:

  • In the month of October the site was a small quantity generator of hazardous waste (SQG). I presume prior to that the site was a very small quantity generator of hazardous waste (VSQG). Correct – SQG for the month of October to present. Prior to that it was VSQG.
  • You are correct that for the month of October the site must comply with SQG requirements at 40 CFR 262.16 for any hazardous waste generated in that month. Agreed.
  • The site must continue to comply with SQG regulations for that hazardous waste for as long as it remains on-site. That includes into November & December. Agreed – SQG requirements are still being adhered to since the hazardous waste is still there.
  • I presume in November & December the site reverted back to its usual amount of hazardous waste generation and VSQG category. Any Haz Waste generated in those months would be managed as a VSQG. November and December still had haz waste there.
  • The small amount of hazardous waste generated at the site in December while it was a VSQG is not subject to weekly inspection requirements. You must manage subject to VSQG regulations. Understood, but the site was and is still SQG.
  • If your state has adopted the Generator Improvements Rule the site has the option of the Episodic Waste Generation for VSQG. Thank you! Yes our state has adopted that rule.
My answer:

I’ll clarify.

  • The site is a SQG for October due to the hazardous waste it generated in that calendar month.
  • Any hazardous waste generated in October must be managed in compliance with the SQG regulations until it is shipped off-site. This includes weekly inspections for all hazardous waste generated in October and for as long as it remains on-site.
  • The site was a VSQG for November and December. Any hazardous waste generated in November or December is subject to VSQG regulations.
  • The hazardous waste generated in October remains subject to SQG regulations for as long as it remains on-site.
  • The site is not a SQG in November or December unless it generated more than 100 kg of hazardous waste in either of those months.
  • The small amount of hazardous waste generated in December as a VSQG is subject to VSQG regulations only. This means no weekly inspection for the hazardous waste generated in December.
  • The hazardous waste generated in October while the site was a SQG remains subject to SQG regulations for as long as it’s on-site.

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

https://www.danielstraining.com/
And that did it!

Changes to the hazardous waste generator category present a challenge due to the necessary changes to regulatory compliance requirements. Some generators maintain compliance with the large quantity generator of hazardous waste (LQG) regulations solely for the one or two months of the year they may generate enough hazardous waste to qualify for that category.

Regardless of your generator category, make certain you comply with the regulations applicable to your category.