Hazardous Waste Determination

D002 Corrosive Hazardous Waste Determination

The characteristic of corrosivity is one step of the hazardous waste determination process that you must complete for every waste stream that you generate.

Your waste is a corrosive hazardous waste, with waste code D002, if a representative sample has either of two properties:

  1. It is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5, or
  2. It is a liquid and corrodes steel of a specified grade at a specified rate.

For the first property determination aqueous means, “Of or containing water, typically as a solvent or medium”.  The regulation doesn’t specify how much water must be present in the sample, however the only approved test method (Method 9040C) requires the sample to contain at least 20% water.   If your waste does not meet this requirement, then you cannot use this method for determination of corrosivity and must proceed to the second property determination.

The second property determination is one much less known by the regulated industry.  It must be used to determine corrosivity in two circumstances:

  1. The waste contains <20% water and therefore is not suitable for the first determination.
  2. The waste passes the first determination with a pH of >2 or < 12.5.

40 CFR 261.22(a)(2) specifies Method 1110A for determining if a liquid sample is able to corrode  steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55 °C (130 °F).  The key word here is:  liquid.  If you don’t have a liquid waste, then you may not use this test method to determine corrosivity.

If it is not clear from the above, the US EPA does not recognize a solid material as having the characteristic of corrosivity; a D002 waste code may not be applied to a solid.  This may differ for your state however as some have included solids in the characteristic of corrosivity or have revised the test methods to encompass solids.

The US EPA description of the characteristic of corrosivity  is explained at 40 CFR 261.22.  A careful reading of this regulation is necessary to ensure your hazardous waste determination is accurate and complete.  Good training will help illuminate other areas of the regulations and how they impact your operations.

Inherently Waste-Like

40 CFR 261.2 defines a solid waste as any discarded material not excluded by regulation, variance, or non-waste determination.  A discarded material is any material which is:

  1. Abandoned,
  2. Recycled,
  3. Considered inherently waste-like as described in paragraph (d), or
  4. A military munition

What the US EPA defines as inherently waste-like is explained in detail at 40 CFR 261.2(d), the list is short and industry specific; it includes:

  1. Listed hazardous wastes which are Dioxins:  F020, F021 (unless used as an ingredient to make a product at the site of generation), F022, F023, F026, & F028.  The table of F-listed hazardous waste can be found at 40 CFR 261.31
  2.  Secondary materials fed to a halogen acid furnace that are a listed or characteristic hazardous waste, except for brominated material that meet criteria listed in 40 CFR 261.2(d)(2)(i-iii).  I won’t list those here, you can read the full regulations if you think this applies to you.

Paragraph (d) reads in part, “ The following materials are solid wastes when they are recycled in any manner”.  What if you have no intention of recycling the waste?  Is it still considered to be inherently waste-like?  The answer is yes.  If your waste meets the definition of inherently waste-like, it is considered by regulation to be a discarded material and therefore a solid waste unless it is excluded at 40 CFR 261.4(a).

A quick review of paragraph (d) should be enough to tell you if your waste is inherently waste-like.  The list is subject to change since the US EPA maintains its right to add wastes to the list if it deems it necessary.

The determination of inherently waste-like is just one step of a complete hazardous waste determination that you must make for all waste.  Proper training can help you to identify the steps you must take to maintain compliance.

 

Hazardous Waste Determination: D001 Ignitable

A person that generates any waste is required to determine if that waste is a hazardous waste pursuant to the method identified in 40 CFR 262.11.  The US EPA has identified two different categories of hazardous waste:  listed and characteristic.  To be listed a hazardous waste must meet the defined use or status documented at 40 CFR 261, Subpart D.  As there are no approved test methods for the determination of a listed waste; generators must rely on their knowledge of the wastes origins.  Listed wastes include the following:

  • F-listed waste from non-specific manufacturing process sources –waste codes F001 to F039.
  • K-listed waste from specific manufacturing process sources – waste codes K001 to K181.
  • P & U-listed waste from discarded commercial chemical products, off-specification species, container residues, and spill clean-up materials – waste codes P001 to P205 and U001 to U411.

The other category of hazardous waste:  characteristic, must exhibit specific characteristic as defined at 40 CFR 261, Subpart C.  To determine the presence of hazardous waste characteristics, a hazardous waste generator may rely solely on their knowledge of the waste and the process of generation, but the better method is lab analysis by a US EPA-approved test method of a representative sample.  Characteristic hazardous waste includes the following:

hazardous waste containersIgnitable hazardous waste as defined at 40 CFR 261.21 may have one of four properties:

  • A liquid with a flash point of <140˚F.
  • A solid that can cause a fire and sustain combustion.
  • An ignitable compressed gas.
  • An oxidizer.

The above four bullet points only skim the surface of the properties that would cause a waste to be identified as an ignitable hazardous waste.  The purpose of this article is to dig deeper into these properties to gain a better understanding of ignitable hazardous waste and perhaps cause you to rethink how you are currently applying the D001 waste code to your hazardous waste.  We’ll look at each of the properties one at a time; I suggest you print a copy of the regulations – it’s only two pages – and follow along.

A liquid with a flash point of <140˚F:

How 40 CFR 261.21(a)(1) reads:  “It is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume and has a flash point less than 60˚C (140˚F)…”  It goes on to reference the two approved test methods for determining flash point of the liquid which must be used.

A bottle of wine

Don’t worry, it’s not a D001 Ignitable hazardous waste!

The first point of interest is the exception for aqueous solutions containing <24% alcohol.  This is interesting because though it was placed in the regulation solely to remove alcoholic beverages and certain latex paints from being categorized as an ignitable liquid, it has the affect of exempting from regulation as a D001 Ignitable all aqueous wastes which are ignitable solely because they contain alcohols (i.e. any chemical containing the hydroxyl [-OH] functional group) (RO 11060).

The second, and potentially much more important, point of interest is the requirement that the waste be a liquid in order to test for flash point.  So…no liquid, no test for flash point, no liquid flash <140˚F, no ignitable hazardous waste (RO 14669, RO 14405).  This is true even if the solid, with no liquid present, flashes at <140˚F.  To meet this requirement, the waste must contain a free liquid that fails the paint filter test.  The determining factor – the flash point – is run on that liquid only.  This property should be determined entirely by careful analysis of representative samples.  Be sure the lab conducting the analysis is aware of your needs.

A solid that can cause a fire and sustain combustion:

A solid without free liquids may still be an ignitable hazardous waste if it exhibits the properties of a solid that can cause a fire and sustain combustion.  40 CFR 261.21(a)(2) reads, “It is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard.”  Refer again to RO 14669 and you will read, “The Agency has not developed specific regulatory or guidance tests to implement this portion of the regulation.”  It is referring to its lack of a single approved test method to identify a solid ignitable hazardous waste in full.  RO 14405 references  SW-846 Method 1030, Ignitability of Solids as a means to assess a solids ability to burn vigorously, but not its mode of ignition; and so may not be used to make a complete determination.  Note that the requirement for this property is that it both cause a fire by itself and sustain combustion to the point that it causes a hazard.  You will have to use a combination of tests and generator knowledge to make a determination if this property is present in your waste.

An ignitable compressed gas:

I won’t reprint all of the regulation here, as it is long, technical, and my transcription won’t aid understanding.  Instead, I suggest you read it directly from 40 CFR 261.21(a)(3)(i) if you generate any waste that might be an ignitable compressed gas.  As you read, consider the two distinct descriptions in this subparagraph of…

  1. A compressed gas in sub-subparagraph (i); and,
  2. An ignitable compressed gas in sub-subparagraph (ii).

Note that the determination of a compressed gas’ ignitability relies on test methods approved by the Bureau of Explosives (how do I get a job with them?) and the Pipeline and Hazardous Technology of the Department of Transportation.

An oxidizer:

Class 5 Oxidizer placard

USDOT regulations include a definition of an Oxidizer

The hazard of an oxidizer is that it is capable of releasing oxygen during a chemical reaction and multiplying the danger of a fire.  40 CFR 261.21(a)(4) reads, “An oxidizer for the purpose of this subchapter is a substance such as a chlorate, permanganate, inorganic peroxide, or a nitrate, that yields oxygen readily to stimulate the combustion of organic matter.”  Sub-subparagraph (i) includes organic peroxides as an oxidizer unless other conditions in the subparagraph exclude it.  Like the ignitable compressed gas, the regulatory description is long and technical, so I won’t include it here.  And like the flammable solid, this property does not have a test method; instead the chemical structure of the material determines whether or not the waste is hazardous for ignitability as an oxidizer.  Be sure you have Material Safety Data Sheets or other sources of information with the chemical composition of your waste available as you read the regulations and determine if this property of ignitability applies to your waste.

Summary:

The ignitability hazardous waste characteristic identifies wastes that pose a significant fire risk due either to their low flash point, ability to self-combust and burn, or are able to combust or support combustion due to their physical properties.  If any one of the above properties is present, you must manage the waste as a D001 ignitable hazardous waste.  Keep in mind that other characteristic or listed waste codes may apply to the waste as well.  Conversely, take a second look at some of the wastes you’ve identified as ignitable, a close review of the above information and some careful analysis may reveal them to not meet the definition of ignitability.

Be sure to check with your state environmental regulatory agency or regional US EPA to determine their interpretation of the above, especially the determination of ignitability for solids that are contaminated with flammable liquids, such as wipers. The US EPA has been proposing regulation for solvent-contaminated wipers for years (perhaps 2012 is the year for a final rule, stay tuned) but in the meantime many states have gone ahead with US EPA’s blessing to create state-specific interpretations.

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The above is only one small part of the hazardous waste determination process, which is something you must document for every waste that you generate.  The determination itself is only the first step in identifying your hazardous waste generator status and then the regulations you must follow based on your status.  It may seem overwhelming, but there is a way to make sense of US EPA’s hazardous waste regulations: attend one of my open enrollment training events.  Held nationwide and year round there is sure to be one in your area soon.  Or contact me to schedule on-site training for all of your employees for one flat fee.  If you liked this article, be sure to sign up for my monthly newsletter to receive more like it via email.  I look forward to hearing from you.

Management of Alkaline Batteries

Batteries are one of those items that we are so used to seeing in our home life, that we sometimes forget that these can be generated as a waste at our place of work.  In the course of a day you may unknowingly come into contact with many different types of batteries in a variety of applications:

  • Rechargeable lithium batteries in your laptop or cellphone.
  • Dry cell lead acid batteries as back-up electricity sources for emergency signs and lighting.
  • Liquid-filled lead acid batteries in your car or your company’s fork-truck.
  • Disposable dry-cell alkaline batteries in your flashlight.

My goal for this article is to provide guidance on the US EPA and US DOT requirements for dry-cell alkaline batteries, but I will briefly address the regulatory requirements for other batteries as well.

When spent, you’re responsible to determine if your batteries are a  hazardous or non-hazardous waste.  In other words:  make a hazardous waste determination for your batteries per the US EPA hazardous waste regulations of40 CFR 262.11.  This is something you must do on a case-by-case basis, but you can presume the following:

Hazardous waste:

  • Lead acid (liquid or dry) – D008 for lead.
  • Nickel/cadmium (or NiCad) – D006 for cadmium.
  • Lithium – D003 for reactivity.
  • Silver ion – D011 for silver.

Non-hazardous waste:

  • Dry cell alkaline batteries (D, C, AA, AAA, 6 volt, & 9 volt).

If your spent batteries are a hazardous waste you have three options for on-site handling and off-site disposal:

But I said this article would be about dry-cell alkaline batteries so let’s get back to them.  Your options for disposal of these batteries as a non-hazardous, solid waste are:

Throw in trash: if non-hazardous and not generated as a by-product of an industrial process, you may be able to dispose of alkaline batteries in the trash the same as you do the trash from your front office, break rooms and other non-production areas.  I don’t recommend this, and your state, municipality or county, and the landfill operator may not like it either.  I suggest you speak with all of them before you choose this option.

Handle as universal waste:  this is OK, but technically incorrect since the regulations at 40 CFR 273.2(b)(3) limits the universal waste option only to batteries that are a hazardous waste.  Alkaline batteries do not meet the US EPA definition of a D002 corrosive waste since they are solid.  Your state may differ from the US EPA in the definition of a corrosive hazardous waste and in that case, an alkaline battery might be a hazardous waste and therefore eligible for handling as a universal waste.  I have not heard of the US EPA or any authorized state environmental agency complaining if alkaline batteries are disposed of as universal waste.

Other off-site recycling:  if the universal waste option does not work, then I suggest you find a company able to recycle your batteries.  There are many companies out there and they provide accumulation containers and shipping instructions as well.

This brings us to the final hurdle and that is the US DOT requirements for off-site shipments of alkaline batteries.  As recently as 2008 the PHMSA within the US DOT indicated that alkaline batteries (AA, D, and C cell) though not subject to the Hazardous Materials Regulations for transportation were required to be, “securely packaged and offered for transportation in a manner that prevents the dangerous evolution of heat (for example, by effective insulation of exposed terminals)” (49 CFR 172.102, special provision 130).  This meant (note past tense) that the terminals of alkaline batteries had to be covered with non-conductive tape or each battery individually bagged.

But hold on, in separate tests in the summer of 2009 petitioners to the US DOT proved that even in the most extreme circumstances, the batteries in question could not generate enough heat to be a hazard in transportation.  US DOT agreed and indicated that no alkaline batteries of 9 volt or lower – which includes (AA, AAA, C, D, 6-volt, & 9-volt) arenot subject to the hazardous material regulations.  I could not find the petitions and DOT response on-line, but these two agency interpretations refer to the original documents and confirm the US DOT’s position (09-0150R &09-0090R).

The hazardous batteries are, of course, subject to the HMR and some such as lithium batteries have very restrictive regulations for transportation.  You will have to research this further or wait for me to write an article on them too.

Alkaline batteries are not a hazardous waste per the regulations of the US EPA and they’re not a hazardous material (HazMat) per the regulations of the US DOT.  You could throw them in the trash if you want and no one could stop you, but I strongly suggest you don’t.  Find a reputable recycler, arrange for on-site collection of your batteries, and educate your employees to ensure their proper accumulation, transportation, and disposal.

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D003 – The Characteristic Hazardous Waste Code for Reactive Waste

The first step in the waste identification process – assuming you’ve already identified the material as a waste – is to determine if it is a solid waste as defined at 40 CFR 261.2.  Once identified it is the responsibility of the generator of the solid waste to determine if it is a hazardous waste.  If it is not excluded from regulation pursuant to 40 CFR 261.4then it likely is a hazardous waste.  A hazardous waste may be a listed hazardous waste per 40 CFR 261, Subpart Dand it may also be a characteristic hazardous waste.  A characteristic hazardous waste determination must be made by the generator by one of two methods:

  • Test the waste by a method specified in 40 CFR 261, Subpart C, such as flash point, pH, or toxicity.
  • Apply “Generator Knowledge” of the material based on its chemical composition (refer to the MSDS) or the process of generation.

The above description is far too brief for a process as complicated and important as a generator’s waste determination.  However, the process itself is not the point of this article and that quick synopsis allowed me to jump to what is the point:  One of the four hazardous waste characteristics – REACTIVITY.  Reactivity (waste code D003) joins three other characteristic hazardous wastes:

  • D001 – Ignitability
  • D002 – Corrosive
  • D004 to D043 – Toxicity

Reactive hazardous waste is unique among the characteristic hazardous wastes in that it lacks an approved test method to aid you in determination.  You must rely on your knowledge of the waste and the processes of generation.  Some definitions from other regulatory agencies may assist you in this determination, more on this later.

A reactive hazardous waste is identified in 40 CFR 261.23.  It is a solid waste that is not excluded at 40 CFR 261.4and it displays any of the following:

  1. It is normally unstable and readily undergoes violent change without detonating.
  2. It reacts violently with water.
  3. It forms potentially explosive mixtures with water.
  4. When mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.
  5. It is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.
  6. It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement.
  7. It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure.
  8. It is a forbidden explosive as defined in 49 CFR 173.54, or is a Division 1.1, 1.2 or 1.3 explosive as defined in 49 CFR 173.50 and 173.53.

A reactive hazardous waste can include:

  • Cyanide-bearing electroplating solutions.
  • Lithium batteries – It may be best to manage fully-charged lithium batteries as a universal waste.
  • Sodium metal.
  • White and yellow phosphorus.
  • Aerosol cans if not destined for recycling or “RCRA Empty” per 40 CFR 261.7(b)(2).

I intend to devote an article to the last bullet point of the above at a later date.  For now, I suggest you do everything possible to completely empty aerosol cans for their intended use.  You may also wish to consider the purchase of an aerosol can puncture device.  Or, manage your aerosol cans as a D003 hazardous waste.

Lastly, as I wrote earlier, though US EPA doesn’t provide much guidance as to what a reactive hazardous waste may be, other agencies, notably OSHA and the US DOT have some regulatory definitions that you may find helpful.  They are:

OSHA @ 29 CFR 1910.1200

  • Pyrophoric chemical
  • Unstable reactive chemical
  • Water-reactive chemical

US DOT @ 49 CFR 173.124

  • Spontaneously combustible material
  • Self-heating material
  • Dangerous when wet

A reactive hazardous waste may be a material like Trinitrotoluene that you are certain will never be found at your facility.  Or, it may be a more common material like a lithium battery or an aerosol can.  Whichever, you are responsible for determining the hazardous waste characteristics – or lack of- for all of your waste.  This completed, you must then determine the quantity of hazardous waste you generate and from that, your hazardous waste generator status.  Your regulatory requirements as a generator of hazardous waste are determined by your status:  Large Quantity Generator, Small Quantity Generator, or Conditionally Exempt Small Quantity Generator.

I cover all this, and a lot more in the four hour morning session of my 1 day training events.  These four hours meet the US EPA training requirements for hazardous waste personnel found at 40 CFR 265.16.  The four hours of the afternoon are dedicated to fulfilling the training requirements for DOT HazMat Employees found at 49 CFR 172, Subpart H.  Click here to see if there is a date and location convenient to you.

US EPA Regulations for the Management of Used Oil

The prospect of burning used oil on-site for energy recovery may seem daunting.  You may think that the regulatory burden and related costs would far outstrip any savings on fuel consumption.  I think you may be pleasantly surprised to learn how accommodating the US EPA regulations can be.  In certain conditions, you can even burn used oil you collect from outside parties.  Keep in mind that this information is based on the Federal regulations of the US EPA your state may have more strict requirements and additional limitations. Also keep in mind that if you intend to accumulate used oil on-site you may become subject to the Spill Prevention Control and Countermeasure requirements found at 40 CFR 112.

First of all, used oil is defined at 40 CFR 279.1 as,  “any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities.”  It can include:

  • Motor oil
  • Hydraulic fluid
  • Electrical insulating oils
  • Transmission fluid
  • Compressor oils

The advantages to burning used oil on-site for energy recovery as opposed to shipping it off-site for disposal include the following:

Better for the environment given the reduced resource consumption in collecting, transporting, and processing the oil at an off-site location.

Reduced disposal costs since you will be burning the waste on-site and no longer require a transporter and disposal facility to perform this role.

Reduced heating costs as you replace the fuels you typically purchase for consumption with Used Oil.

 

First you must determine if the used oil you generate and/or collect for energy recovery is Specification Used Oil orOff-Specification Used Oil.  If the concentration of constituents in your used oil is below the allowable levels identified in Table 1 of 40 CFR 279.11 and you comply with the requirements of 49 CFR 279.72, 279.73, and 279.74(b), see here for these requirements, then you have a Specification Used Oil that is not subject to the requirements of 40 CFR 279.  That means the oil can be burned for energy recovery in any device without US EPA restrictions.  See here for more information from US EPA about the determination and regulation of Specification Used Oil for energy recovery.   Note that mixtures of used oil and hazardous waste per 40 CFR 279.10(b) cannot be considered a Specification Used Oil.

If you generate an Off-Specification Used Oil, there are still options available to you for on-site energy recovery.  Pursuant to 40 CFR 279.12(c) Off-Specification Used Oil may be burned for energy recovery in only one of the following devices:

So, just what are the requirements of 40 CFR 279.23 that will allow you to burn Off-Specification Used Oil for energy recovery in a space heater at your facility?  First, the used oil must either be generated by the owner of the space heater – this includes off-site locations aggregated to one location – or be received directly from a Household “do-it-yourselfer” as defined at 40 CFR 279.1.  Secondly, the heater must have a design capacity not to exceed 0.5mmBtu/hr and the combustion emissions must be vented to the ambient air.  Burning of any used oil with PCB’s is subject to the requirements of 40 CFR 761.20(e).

Now let’s return to management of Specification Used Oil.  Remember that determining the constituent levels to be below the allowable levels of Table 1 of 40 CFR 279.11 is just the first part.  You must also comply with 40 CFR 279.72, 279.73, & 279.74(b).

  • 40 CFR 279.72 – You must maintain – for 3 years – records of analysis or other determination that the oil meets the requirements of 40 CFR 279.11.
  • 40 CFR 279.73 – If you don’t already have one, a US EPA identification number may be required for your site.
  • 40 CFR 279.74(b) – If the used oil is to be shipped off-site, you must maintain records of its shipment.  Note this does not require the use of a Uniform Hazardous Waste Manifest or Shipping Paper.  Carefully check your state regulators as I know there are some who disagree with the US EPA on this point.

Speaking of off-site transportation, you must ensure compliance with both US EPA and US DOT regulations for this activity.  Per 40 CFR 279.24 if using a common-carrier for off-site shipment, you must ensure the transporter has a US EPA identification number.  A generator may self-transport – without a US EPA identification number – used oil it’s generated to either an approved oil collection center or to an aggregation point it owns if it transports no more than 55 gallons at a time and uses a company or employee owned vehicle.

40 CFR 279.24 also includes relaxed requirements for “Tolling Arrangements” where used oil is shipped off-site for reclamation and returned to the generator.  Again, check closely with your states on this one.

It is unlikely, though possible, that an Off-Specification Used Oil – let alone a Specification Used Oil – will meet the US DOT definition of a hazardous material found at 49 CFR 171.8.  However, circumstances may vary and it is important for you to carefully review your used oil and the Hazardous Material Regulations (HMR) to determine the applicable US DOT requirements for transportation.

Used oil may represent a potential fuel combustion source you can use to heat your facility throughout the winter months.  Or, you may continue to ship used oil off-site for final disposal.  Please use the above information as a one component in determining what option works best for your facility.  Please feel free to contact me if you wish to share your experience with the combustion of used oil for energy recovery at your company.

The Universal Waste Option for the Management of Hazardous Waste

Recently, Waste Management LampTracker, Inc. was fined $118,800 for violations at its Kaiser, MO facility where it collects and recycles universal waste lamps, mercury-containing equipment, and batteries (US EPA news release).  Its violations include:

  • Failure to maintain adequate aisle space in storage areas.
  • Failure to close and label hazardous waste containers.
  • Failure to conduct RCRA Training for its hazardous waste personnel.
  • Failure to close universal waste containers (emphasis mine).

It is the last of these that jumped out at me.  How is it that a company that specializes in the handling of universal waste could make such a fundamental oversight in its handling?  Perhaps you should take a close look at the way you handle universal waste at your facility to ensure fines such as these don’t happen to you.

The universal waste regulations, found at 40 CFR 273 and summarized well on this US EPA website, were created in 1995 to reduce the regulatory burden for commercial facilities that might otherwise be generators  of hazardous waste and to reduce landfill disposal and increase recycling of certain kinds of hazardous waste.  Since the wastes originally considered for this regulation are generated in a multitude of commercial activities, they were designated as universal waste.  Any industrial, municipal, or commercial facility may take advantage of the universal waste regulations if it generates the type of hazardous waste specified.  The four types of hazardous waste identified by the US EPA that may be handled as universal waste are:

  • Lamps or bulbs.
  • Batteries.
  • Mercury-containing equipment (formerly:  mercury thermostats only).
  • Pesticides.

I will only address the first three of the above in this article.  More information about recalled or cancelled pesticides can be found here:  What is a Universal Waste Pesticide?

In order to avoid the kinds of fines faced by WM LampTracker you must ensure your universal waste is handled properly.  First of all, the universal waste must be labeled; any of the following is acceptable:

  • “Universal Waste – Battery/Lamp/Mercury-Containing Equipment”
  • “Waste – Battery/Lamp/Mercury-Containing Equipment”
  • “Used – Battery/Lamp/Mercury-Containing Equipment”

If you don’t have a container to label, you can place a sign over a designated storage area or use your imagination to ensure a label is visible and legible.

Speaking of containers, the requirements for universal waste vary based on the type.  Only lamps are required to be in closed containers from the moment of generation.  Batteries and mercury-containing equipment need only be placed in containers if they show signs of leaking or damage.  In any case where a container is required, it must remain closed at all times unless adding or removing waste.

The biggest regulatory relief afforded by the universal waste regulations is the allowance of up to one year for on-site accumulation.  You may accumulate universal waste even longer if the sole purpose is to have enough to justify an off-site shipment.  In other words, hold on to that half-full 5-gallon bucket of batteries until it is full; no matter how long it takes.  Keep in mind that you must be able to justify your decision to retain the waste beyond one year.  In any case, you must be able to identify the date of accumulation through labels, signage, or an inventory system.

Refer to 40 CFR 273 for a full list of on-site waste management practices you are allowed and the regulatory requirements.  Keep in mind that any of the below may result in the generation of a solid waste and possibly a hazardous waste.

  • Sorting of batteries by type or combining in one container.
  • Discharging residual charge in batteries or regenerating them.
  • Disassembling batteries or battery packs.
  • Removing batteries from consumer products.
  • Removing electrolytes from batteries.
  • Remove mercury ampules from equipment.

Notice that there are no waste management methods mentioned for lamps in 40 CFR 273, so where does this leave bulb crushers?  It does say that a handler “must immediately clean up and place in a container any lamp that is broken…” without indicating if the breakage is accidental or a deliberate form of on-site management.  I advise that bulb crushers be considered carefully before use.  Many states require a permit, quarterly reports, and/or air monitoring to ensure limits on airborne mercury concentrations are not exceeded when bulb crushers are used.  The burden of compliance with these state regulations may outweigh any benefits to crushing your bulbs.  Also, the crushed bulbs may no longer be accepted as universal waste and may need to be handled as hazardous waste.  Some states, such as Indiana, forbid the crushing of lamps if you intend to manage them as universal waste (more).

Spills of universal waste should be immediately cleaned-up and placed in a container to minimize any further release.  Incidental breakage of a universal waste such as broken bulbs, leaking batteries, cracked thermometers, etc. does not preclude their handling as universal waste as long as they have been placed in a container to minimize any further release.

And finally, off-site shipments of universal waste must be transported by a Universal Waste Transporter and are prohibited from being transported to anything other than another Universal Waste Handler, a destination facility (defined at 40 CFR 273.9), or a foreign destination.

After this point, your regulatory requirements depends on how much universal waste you accumulate (not generate) on-site.  If you accumulate <5,000 kg of universal waste you are a Small Quantity Handler.  In addition to the above handling requirements, you must inform applicable personnel of proper handling and emergency procedures for your universal waste.  This may be in the form of classroom training, on-the job instruction, signs, labels, etc.  If you accumulate >5,000 kg of universal waste, you are a Large Quantity Handler and are required to obtain an EPA ID# unless you already have one, and to ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures.  This language is deliberately similar to that in 40 CFR 262.34(d)(5)(iii) for Small Quantity Generators of hazardous waste.  Other than the need for an EPA ID# and the level of employee awareness, there is little difference between a LQH and SQH of universal waste.

All of the above are Federal requirements.  You must carefully research your state requirements as well to ensure full compliance.  Many states have added to the list of materials managed as universal waste or have not fully adopted all of the original 1995 regulation or subsequent amendments.  A US EPA directory of state-specific requirements can be found here.

As always, proper training is important to achieve a full understanding of not only the universal waste regulations, but of all hazardous waste regulations under RCRA.  My one-day training events meet the US EPA requirements for RCRA Training and the US DOT requirements for HazMat Certification.  I can also conduct on-site training for all of your applicable employees in one day.