Hazardous Waste Determination

What is a Spent Material and When is it a Solid Waste?

A spent material is defined at 40 CFR 261.1(c)(1) as any  material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing.  Examples of spent materials include:  spent solvents, spent activated carbon, spent catalysts, and spent acids.  A spent material is part of a broader category of used or residual waste-like materials called secondary materials, which includes:

  1. spent materials,
  2. sludges,
  3. by-products,
  4. commercial chemical products, and;
  5. scrap metal.

To be a spent material it must be…

  1. Used and;
  2. Because of its use is contaminated or otherwise unable to do what it was produced to do, unless it undergoes regeneration, reclamation, or reprocessing.  Contamination could be any impurity, factor, or circumstance which causes the material to be taken out of service.

Table 1 in 40 CFR 261.2(c) documents the recycling activities available for all secondary materials (including spent materials) and if those recycling options affect the material’s definition as a solid waste.  For a full understanding of all of the potential options available, you’ll have to read the regulations, but in a nutshell:  spent materials are a solid waste if recycled when…

  • Applied to the land or used to produce products that are applied to the land (Column 1 of Table 1).
  • Used for energy recovery or used to produce a fuel (Column 2 of Table 1).
  • Reclaimed, that is processed to recover a usable product or regenerated (Column 3 of Table 1).  There are, however, a bunch of exceptions to this rule that allow for the reclamation of spent materials that are not solid wastes.
  • Accumulated speculatively.

Remember, if a secondary material is a solid waste, it has the potential to be a hazardous waste unless exempted elsewhere in the regulations.  If it is not a solid waste, then it cannot be a hazardous waste.

Learn more about the reclamation of spent solvents by distillation.

My RCRA training and HazMat Employee training addresses topics like these and many more.  If you can’t attend one of my training workshops, contact me for a free consultation.

What is Speculative Accumulation?

Certain wastes that are to be recycled are not considered to be solid wastes, and therefore cannot be hazardous waste and are not subject to RCRA regulations, if the wastes meet the requirements of 40 CFR 261.2(c).  In brief, this means the recycled waste cannot be…

  • Used in a manner constituting disposal.
  • Applied to the land.
  • Burned for energy recovery.
  • And in some cases, reclaimed.

But in all cases except Commercial Chemical Products, if the wastes are accumulated too long they become a solid waste pursuant to the speculative accumulation provisions of 40 CFR 261.2(c)(4).  Speculative accumulation was created to ensure that recycling methods are legitimate and not an attempt to dodge full regulation under RCRA for wastes stored indefinitely prior to recycling.  The regulations describing speculative accumulation can be found at 40 CFR 261.1(c)(8) and summarized as follows:

  • A material accumulated before recycling is not accumulated speculatively if you can demonstrate…
    1. It is potentially recyclable and there is a feasible means of recycling it, and;
    2. 75% by weight or volume of the material present at the beginning of a calendar year (January 1) is either recycled or transferred to another site for recycling by the end of the calendar year (December 31st).  If 75% has not been processed in this way by the end of the calendar year, then the remaining amount becomes a solid waste.  If it is also a hazardous waste, it is subject to the hazardous waste generator accumulation requirements of 40 CFR 262.34 (RO14199).

Also, note the following

  • In calculating the percentage threshold, the 75% requirement is to be applied to each distinct type of material that is recycled in the same way.
  • The determination of speculative accumulation does not apply to materials accumulating in a unit exempt from the hazardous waste determination pursuant to 40 CFR 261.4(c).  That is hazardous waste generated in product or raw material tanks, vehicles, pipelines, or manufacturing process unit and stored for ≤90 days.
  • Once removed from accumulation for recycling, wastes are no longer considered to be accumulated speculatively.

It is interesting to note that the speculative accumulation requirement only applies to solid wastes that are to be recycled and the exclusion from the definition of solid waste.  It does not apply to the recycling of hazardous waste and its exclusion from regulation.  Therefore the determination of speculative accumulation does not apply to materials that are already defined as a solid waste, except for hazardous waste utilized for precious metal recovery.

My Hazardous Waste Personnel Training will teach you how to make a hazardous waste determination including speculative accumulation and your requirements as a generator of hazardous waste.  It will also meet the training requirements of the US EPA.  Contact me to meet your training mandate.

 

 

Precious Metal Recovery from Hazardous Waste

If you generate a hazardous waste that contains economically significant amounts of gold, silver, platinum, palladium, iridium, osmium, rhodium, ruthenium, or any combination of these, you may be able to take advantage of the exemption from regulation found in 40 CFR 266.70 – Recyclable Materials Utilized for Precious Metal Recovery. First, let’s get a better understanding of some of the terms used and the applicability of this exemption.

  1. The material to be recovered must be one or more of the following:
    • Gold
    • Silver
    • Platinum
    • Palladium
    • Iridium
    • Osmium
    • Rhodium
    • Ruthenium
  2. The exclusion only applies to a recyclable material which, according to 40 CFR 261.6(a)(1), is a hazardous waste (either characteristic or listed) that would be subject to full regulation if sent for disposal but instead is recycled.
  3. The recyclable material must be reclaimed which is defined at 40 CFR 261.1(c)(4) as a material processed to recover a usable product, in this case a precious metal.
  4. The precious metal to be reclaimed must be in an amount that is “economically significant”.  What does that mean?

EPA’s position has been that indicators of an economically significant amount and therefore legitimate precious metal recovery include:

  1. Efficient recovery operations.  You should be making an effort to recover every morsel of the waste due to its value.
  2. No land disposal of waste.  Natch.
  3. Payment by the reclaimer to the waste generator.  This demonstrates that the waste has an inherent value due to the presence of its precious metals.

The absence of one or more of the above may demonstrate to the EPA that your waste is not eligible for this exemption and may be subject to full RCRA regulation as a hazardous waste.  As the generator, you must be able to demonstrate [see 40 CFR 261.2(f)] you are engaged in a legitimate recovery activity(RO14267).

If you are eligible for this exemption you are subject to the following requirements:

  1. Submit a Notification of Regulated Waste Activity form to your State  environmental agency or regional US EPA office as applicable.
  2. Use the Uniform Hazardous Waste Manifest for off-site shipments.
  3. Refer to 40 CFR 266.70(b)(3) if you intend to import or export waste for precious metal recovery.
  4. You must be able to demonstrate through recordkeeping that the recyclable material is not accumulated speculatively as defined at 40 CFR 261.1(c)(8).
  5. And that’s it.  No other requirements of the RCRA regulations (labeling, inspections, training, on-site accumulation time limits, etc.) would apply to the waste.

Eligibility of this exemption is determined by the type of waste you generate and the recycling options available to you.  The most important criteria is if the waste has a value due to the presence of certain precious metals.  If it does, you may be able to use this exemption to reduce your regulatory burden.  Training on the hazardous waste regulations of the US EPA – required for facility personnel of a large quantity generator of hazardous waste – is a good idea for anyone who generates a hazardous waste or recyclable material.  You may also be interested in HazMat Employee training required by the US Department of Transportation.  I do both.  Contact me for a free consultation of your training needs.

Management Options for Generators of Spent Lead Acid Batteries

Management Options for Generators of Spent Lead Acid Batteries

If you generate spent lead acid batteries (SLABs) you have three options for on-site handling and disposal under the regulations of the Resource Conservation and Recovery Act (RCRA) regulations enforced by the US EPA.  In decreasing order of regulatory burden…

  1. Manage as a hazardous waste [characteristic for Corrosivity (D002) and Toxicity for Lead (D008)].  This means notification and reporting as a hazardous waste, labeling and container requirements, inspections, and training commensurate with your generator status.
  2. Manage as a universal waste pursuant to the requirements of 40 CFR 273.  This allows for a lesser level of requirements for on-site handling, off-site disposal, and 1 year of on-site accumulation.
  3. Manage per the regulations created for the reclamation of spent lead acid batteries:  40 CFR 266, Subpart G.

Option #3 is by far the best, as it entails the least amount of generator requirements for handling and disposal of spent lead acid batteries.  However, before you select this option, you should be aware of the definition of terms used in the regulatory code.

  • Reclamation – to be eligible for this exemption, batteries must be destined for reclamation which means, “processed to recover a usable product” and not disposal.
  • Spent – this exemption may not be used for new batteries.  Spent means, “it has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing”.
  • Lead Acid Batteries – only lead acid batteries (liquid or dry) are eligible for this exemption.  If you generate other batteries (eg. lithium, mercury, silver, nickel/cadmium, etc.), you should consider the universal waste option.
  • Intact – though not mentioned specifically in the regulations, this exemption only applies to intact lead acid batteries that are spent and destined for reclamation (RO14147).

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The table found in 40 CFR 266.80(a) does a very good job of summarizing the applicable regulations for anyone involved in the generation, collection, storage, transportation, and reclamation of spent lead acid batteries.  Note the following key points from the table:

  • (1) If spent lead acid batteries are to be reclaimed by regeneration (such as by electrolyte replacement), then the batteries are not subject to the requirements of RCRA throughout their life cycle (cradle to grave) except for the requirement to identify the batteries as a characteristic or listed hazardous waste per 40 CFR 261 and conduct the hazardous waste determination per 40 CFR 262.11.  This means, no labeling or container requirements, no inspection or employee training, and no time limit for on-site accumulation.
  • (2-5) If the batteries are to be reclaimed by a method other than regeneration, then the applicable land disposal restrictions of 40 CFR 268 apply in addition to the hazardous waste identification and determination requirements.
  • (4) Storage of the batteries prior to reclamation by a method other than regeneration adds the requirements of 40 CFR 266.80(b) in addition to 40 CFR 261, 40 CFR 262.11, and 40 CFR 268.
  • (6-7) Export of spent lead acid batteries for reclamation opens up a whole different can of worms that necessitates a careful reading of the regulations.

Interested in site specific training at your site that covers this topic, and more!

Ask me about my Onsite Training

40 CFR 266, Subpart G was designed by the US EPA to ensure the safe recycling of spent lead acid batteries in a manner that protects human health and the environment.  If your batteries are reclaimed by regeneration, then you can choose a very light regulatory burden to maintain compliance.  Keep in mind that these are Federal regulations, your State may differ in its regulation of spent lead acid batteries.

Training on the hazardous waste regulations of the US EPA and States with authorized RCRA programs will help you to maintain compliance with all of  the applicable requirements of RCRA.

What is a Sludge? The US EPA Definition

Like the term “solid waste”, “sludge” when used by the EPA can be confusing.  It can be found in 40 CFR 261.2 as part of EPA’s description of what wastes may and may not be a solid waste (more on that below) .  The reason for this confusion is that the EPA definition of a sludge differs from the common English definition:

EPA definition of sludge from 40 CFR 260.10:  Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

Whereas the standard English definition:  Thick, soft, wet mud or a similar viscous mixture of liquid and solid components, esp. the product of an industrial or refining process.

(more…)

Options for the Recycling of Scrap Circuit Boards

If you generate scrap circuit boards as a waste, you may be unaware of your options for disposal or recycling under USEPAs hazardous waste regulations.  The purpose of this article is to identify and briefly explain your options for the management of scrap circuit boards. (more…)

Avoid Double-Counting of Hazardous Waste When Determining Generator Status

In an earlier article I directed you towards the applicable regulations (40 CFR 261.5) for determining your hazardous waste generator status.  Specifically, 40 CFR 261.5(c) listed the hazardous wastes that need not be counted toward your generator status.

Another concern when summing the amount of hazardous waste generated is double-counting.  To avoid double counting 261.5(d) lists the types of waste you need not count toward your generator status as they have been counted already:

  1. Hazardous waste when removed from on-site storage.
  2. Hazardous waste produced by on-site treatment (including reclamation) as long as the hazardous waste was counted once.
  3. Spent materials generated, reclaimed, and subsequently reused on site, as long as the spent material is counted once during the calendar month.

The key determination in each of the above situations is:  When is the Point of Generation (POG) of the hazardous waste?  If you know that, then understanding of the above regulations becomes easier.  So…

  1. “Hazardous waste when removed from on-site storage.”:  The POG is the process, event, or activity that created the hazardous waste which, we can assume, was then transferred to the on-site storage area.  It is counted towards your generator status at the POG, anything after that would be double-counting and is not necessary.
  2. “Hazardous waste produced by on-site treatment (including reclamation) as long as the hazardous waste was counted once.”:  On-site treatment and reclamation can be tricky, you may wish to read my articles on the topics of:  Treatment of Hazardous Waste and Spent Solvent Reclamation.  In brief, on-site treatment involves a process where a spent material is removed from its POG as a hazardous waste, treated, and then either returned to use or disposed of.  The treatment process may itself generate a hazardous waste which is referred to here.  If you counted the hazardous waste as it entered treatment, there is no need to count the hazardous waste generated by the treatment.
  3. “Spent materials generated, reclaimed, and subsequently reused on site, as long as the spent material is counted once during the calendar month.”:  In this example a spent material is removed from its POG as a hazardous waste, but is in some way made suitable for reuse on site.  This may happen several times during a calendar month.  In this situation, you need only count the amount of hazardous waste the first time it is generated in that month.  Note that a new month means counting the spent material again even if it is an amount carried over from the previous month.

Correctly accounting for the hazardous waste you generate is an early step in maintaining compliance with the regulations of the EPA.    You must then comply with the applicable regulations based on your hazardous waste generator status.  One of the requirements of a Large Quantity Generator (LQG) is to provide annual training for all personnel exposed to hazardous waste.  Contact me for a free consultation of your requirements to provide RCRA Training for Hazardous Waste Personnel and DOT HazMat Employee Training.

Managing Aerosol Cans Under the RCRA Scrap Metal Exemption

If your operations generate empty – or nearly empty – aerosol cans as a waste you must be aware of your requirements as a generator of hazardous waste under the Resource Conservation and Recovery Act (RCRA).  First of all, you must be aware that unless the aerosol cans meet the definition of RCRA Empty found at 40 CFR 261.7 it is subject to the requirement to perform a hazardous waste determination per 40 CFR 262.11.  This determination may very well reveal that your aerosol cans are a characteristic hazardous waste for Ignitability or Reactivity, or perhaps a listed hazardous waste.  Don’t panic however, RCRA includes an exemption from full regulation that can include your aerosol cans, if managed properly.

Open-top roll-off container holding scrap metal for recyclingThe key is the Scrap Metal Exemption found at 40 CFR 261.6(a)(3)(ii).   The exemption exists because EPA believes that some wastes – even hazardous wastes – pose a lower risk to the environment when recycled.  The exemption allows for certain recycled hazardous materials (known as “recyclable materials”) to be released from full regulation as a hazardous waste under Subtitle C of RCRA.

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Scrap metal is a solid waste when disposed of or recycled.  However, if recycled (i.e., reclaimed to recover a usable product), the Scrap Metal Exemption can be used to exempt it from regulation as a hazardous waste.  What, therefore, is a scrap metal?  Defined at 40 CFR 261.1(c)(6) as, “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.”  Some key points of the definition:

  • “Bits and pieces of metal parts” or metal pieces combined to make manufactured articles.  It does not include dusts, fines, or sludges.
  • Must be “worn or superfluous”, i.e., no longer fit for use.
  • “Can be recycled”.  It must be acceptable to a recycler.

aerosol cansMany items may fit into this definition, one of them is a steel aerosol can; with or without the residue of a liquid or a compressed gas.  If applicable, the scrap metal exemption allows you to accumulate, store, empty, puncture, and drain your steel aerosol cans as part of the recycling process exempt from RCRA regulation.  EPA does not regulate this exempt recycling process, but it does recommend you…

  • Empty the aerosols in a safe manner and in a way that protects the environment.  This means don’t brace the can and whack it with a hammer and nail (I’ve seen it done) or throw it into a bonfire for kicks (don’t get any ideas).
  • Capture the compressed gases and any liquid residue.  The liquid residue will likely be a hazardous waste for Ignitability and possibly for a listed hazardous waste.  If a filter is used to capture the released compressed gases, that will be subject to a hazardous waste determination as well.

A good way to meet the EPA recommendations is to purchase an aerosol can puncture device and install it on a DOT-Approved container.  Follow the manufacturer’s instructions for use of the device, and manage the container as a satellite accumulation area for hazardous waste.

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/

The above is based on the US EPA Federal regulations.  Your state, county, or municipality may have regulations addressing the handling and disposal of aerosol cans.  Also, your scrap metal recycler should be informed of your actions.

UPDATE: EPA proposed in 2018 to allow non-empty aerosol cans to be managed as a universal waste.  Unless the current interruption in federal government operations continues (written 01.21.19), this should become law in 2019.  This will clarify and ease the management of non-empty aerosol cans.

Not only does my RCRA Training meet the regulatory requirements for large quantity generators of hazardous waste, it also contains information that you can apply in your day-to-day operations to maintain compliance.  But RCRA Training is only part of what I do.  I also provide HazMat Employee Training required by the US DOT.  Contact me for a free consultation on your training needs.

Generator Determination of P- & U- Listed Hazardous Waste

A company I am familiar with is a Large Quantity Generator (LQG) of hazardous waste, largely due to the generation of what it has determined to be U-listed hazardous waste.  The point of generation for the waste is an air pollution control device (dust collector) that services a process where several raw materials – some U-listed – are mixed.  It is my opinion that the waste determination in this case is incorrect in that a U-code (and a P-code for that matter) does not apply in this case.  I shared this opinion with company representatives and was met with skepticism.  Let’s review this particular aspect of the P- and U-codes and see what you think.

First, a little background:

P- and U-wastes are identified at 40 CFR 261.33 and along with F- and K-wastes make up the four kinds of listed hazardous wastes.  P- and U- wastes are discarded commercial chemical products, off-specification species, container reisdues, and spill residues thereof.  EPA further described them at the publication of the Final Rule (45 FR 33115):

“EPA intended to encompass those chemical products which possessed toxic or other hazardous properties and which, for various reasons, are sometimes thrown away in pure or undiluted form.  The reasons for discarding these materials might be that the materials did not meet the required specifications, that inventories were being reduced, or that the product line had changed.  The regulation was intended to designate chemicals themselves as hazardous wastes, if discarded, not to list all wastes which might contain these chemical constituents.  In drawing up these lists, the agency drew heavily on previous work by EPA and other organizations identifying substances of particular concern [e.g. ,the Department of Transportation].”  Emphasis mine.

The key to proper determination of a P- or U-listed hazardous waste is the identification of a Commercial Chemical Product (CCP), the regulations include several references to CCP’s, including:

  1. Virgin or unused materials whose name appears on the P- or U-list.Hazardous Waste Accumulation Area
  2. Manufacturing chemical intermediates whose name appears on the P-or U-list.
  3. Off-specification species of listed virgin or chemical intermediates.
  4. Container residues of listed materials that are not “RCRA Empty” per 40 CFR 261.7.
  5. Residue and spill clean-up of listed materials.

A comment included with 40 CFR 261.33(d) clarifies this further:

“Comment: The phrase “commercial chemical product or manufacturing chemical intermediate having the generic name listed in .  .  .” refers to a chemical substance which is manufactured or formulated for commercial or manufacturing use which consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient. It does not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in paragraph (e) or (f). Where a manufacturing process waste is deemed to be a hazardous waste because it contains a substance listed in paragraph (e) or (f), such waste will be listed in either §261.31 or §261.32 or will be identified as a hazardous waste by the characteristics set forth in subpart C of this part.”  Once again, emphasis mine.

Once again, the EPA makes clear that both P- and U-codes are meant to be applied to virgin material or a manufacturing chemical intermediate which has not yet been processed or reacted.  P- and U-codes are specifically not to be used for manufacturing process waste.  OK, what is a manufacturing process waste?

Quite simply, a manufacturing process waste is any waste generated once the CCP or manufacturing chemical intermediate has left the “Material Handling Stage” and entered the “Manufacturing Process”.  If the point of generation of the waste (ie. the moment it is or is decided to be discarded) is within the manufacturing process it is a manufacturing process waste.  A manufacturing process waste cannot be a CCP or manufacturing chemical intermediate.  Therefore it cannot be a P- or U-listed hazardous waste.

Please note however that if the P- and U-codes don’t apply, the waste may still be hazardous as a F- or K-listed hazardous waste.  Or, it may be hazardous for one of the four characteristics:  ignitability, corrosivity, reactivity, or toxicity.  It could also be a combination of several of the above.

My example company should remove the U-codes from this waste and, assuming no other listed or characteristic hazards, reclassify it as  a non-hazardous waste.  This will likely change its hazardous waste generator status from LQG to Small Quantity Generator (SQG).

Some mistakes a company makes in its interpretation of the hazardous waste regulations can cost money in fines and violations.  Others, like this one, result in unnecessary waste disposal costs and adherence to overly restrictive regulations (ie. LQG instead of SQG).  Both of these kinds of mistakes can be avoided by attending one of my open enrollment training sessions.  At my training I cover the EPA regulations for hazardous waste personnel in the 1st half of the day (4 hours) and the DOT regulations for the transportation of hazardous materials in the 2nd half (4 hours).  One day is all it takes to get you back in compliance and avoiding costly mistakes like this.

When Does the Date of Accumulation Begin for Waste Submitted for Analysis?

It’s not too hard to imagine a situation where a container of an unknown material for disposal is brought to your attention during a facility clean-out.  In this situation, disposal as a waste is certain, what isn’t certain are the presence, and type, of hazards in the unknown waste.  If a sample is collected and submitted for analysis, how must you manage the unknown waste while you await results?

The answer is simple and answered directly in this US EPA interpretation (RO11424):  any unknown waste must be managed as a hazardous waste until such time as generator knowledge or analysis proves it is not a hazardous waste.

The moment a decision is made to discard a material, it becomes a waste.  This is its “Point of Generation (POG).  At the POG you are required per 40 CFR 262.11 to determine if the waste is exempt from regulation (40 CFR 261.4 or other), is a de-regulated hazardous waste (Used Oil, Universal Waste), or is a listed or characteristic hazardous waste.  Any delay in conducting the hazardous waste determination – say, waiting for lab results – does not exempt the waste from regulation.  The requirements for hazardous waste generators (labeling, on-site accumulation time limit, inspections, training, etc.) apply at the POG or when the waste is removed from a Satellite Accumulation Area (SAA)

Suggested handling for unknown waste during a hazardous waste determination:

  1. Store in your Central Accumulation Area (CAA) or SAA.
  2. Label:  “Hazardous Waste – Pending Analysis”  <<DATE OF ACCUMULATION>>.
  3. Manage the same as all other non-exempt (ie. CESQG) hazardous waste.
  4. Request the lab to “Rush” results.  Note, your lab may charge an additional fee for rush service.
  5. Immediately upon receipt of results, compare them to hazardous waste characteristics (40 CFR 261, Subpart C).  Determination of listed hazardous waste (40 CFR 261, Subpart D) does not require analysis as it relies upon your knowledge of the source of the waste.
  6. If waste is hazardous, remove “Pending Analysis” from the label and continue on-site management as hazardous waste.  Arrange for off-site disposal.
  7. If waste is non-hazardous, remove hazardous identification and manage as non-hazardous waste.

Read this blog post for more information about exceptions to the US EPA and US DOT regulations for the storage and transportation of waste determination samples.

Being a generator of hazardous waste is not easy.  Frequently what seems like common-sense (waiting for a lab report before handling a waste as hazardous) is actually a serious violation of the RCRA regulations.  Attendance at one of my open enrollment training events is a good way to ensure you are prepared for situations like these when the arise.