A Minnesota company providing recycling and waste disposal services pleaded guilty to fraudulently disposing of PCB-containing fluorescent light ballast. Both the company and two co-defendants were sentenced to imprisonment, fines, and probation.
Who:
Luminaire Environmental and Technologies, Inc.
John D. Miller Jr. is the owner of Luminaire.
Joseph V. Miller is an employee of Luminare and a co-defendant.
This case investigated by EPA’s Criminal Investigation Division and the Hennepin County Department of Environmental Protection.
Assistant U.S. Attorneys Benjamin F. Langner and Amber M. Brennan are prosecuting this case.
What:
A lighting ballast made before 1979 may contain PCBs
After picking up loads of PCB ballasts from customers, John Miller instructed Luminaire employees to remove warning labels from the containers holding the PCB-ballasts, and then sell the PCB-ballasts as scrap metal to scrap yards and metal recycling facilities.
Luminaire was sentenced to five years probation with special conditions, including an Environmental Compliance Plan and fined $10,000.
John Miller was sentenced to 36 months imprisonment, fined $15,000 and ordered to pay $1,049,848.79 in restitution.
Joseph Miller was sentenced to two years probation and fined $3,000.
“Luminaire defrauded its customers and, in doing so, exposed the community to the toxic chemicals they had been paid to safely destroy. The United States will vigorously pursue those who steal and pollute for their own profit,” said U.S. Attorney Erica MacDonald in a statement.
Where:
The Luminaire facility is located in Plymouth, Minnesota,
When:
According to court documents the fraudulent activity took place between 2010 and 2015.
Charges were filed on September 20, 2017.
Guilty pleas were entered on October 12, 2018.
Luminaire and John Miller were sentenced on March 22, 2019.
Joseph Miller was sentenced on March 5, 2019.
Why:
Because the PCBs contained in the ballasts are considered a toxic chemical, TSCA mandates special procedures and documentation for the transportation and disposal of PCB waste.
As a result of the scheme, Luminaire fraudulently collected more than $1,000,000 in fees and additional profits.
How:
This case is the result of an investigation conducted by the U.S. Environmental Protection Agency and the Hennepin County Department of Environmental Protection.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
A question from a former customer on February 14, 2018:
Hello Daniel,
I attended one of your training sessions several years ago and enjoy your newsletters.
My question is regarding VSQG changes. I’m pretty sure all of our sites probably fit into this category as we rarely deal with hazardous waste. Usually it’s either lab or process chemicals that are no longer needed.
So, I guess I have a couple questions:
I’ve heard that VSQGs will be required to register but Arizona still has not adopted the EPA’s Generator Improvements Rule so our state agency (Arizona Department of Environmental Quality or ADEQ) is being very closed mouthed at this time. At the time of this writing ADEQ had not yet adopted the Generator Improvements Rule. It did on February 5, 2019. Read about the status of the Generator Improvements Rule in your state.
If we contract a hazardous waste hauler, are we the generator or are they? I’m assuming it would be us because of the cradle to grave thing.
Keep up the good work!
Thank you,
Not sure of your hazardous waste generator status?
The generator of a hazardous waste is the person by site or act who generates the hazardous waste. That would be you. The hauler is the hazardous waste transporter. You are correct that you have a cradle-to-grave responsibility for the hazardous waste you generate.
The owners and Chief Executive Officers of Total Reclaim, the Northwest’s largest recycler of electronic waste, were sentenced on April 23, 2019 in U.S. District Court in Seattle to 28 months in prison and three years of supervised release for conspiracy to commit wire fraud.
Who:
U.S. District Judge Richard A. Jones.
The case was investigated by the EPA’s Criminal Investigation Division and is being prosecuted by Assistant United States Attorney Seth Wilkinson.
Total Reclaim. A company owned by:
Craig Lorch, 61, of Seattle, WA
Jeff Zirkle, 55, of Bonney Lake, WA
The Basel Action Network (“BAN”) a non-governmental organization.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
Total Reclaim was the biggest participant in “E-Cycle Washington,” a program created by the Washington legislature to provide for the safe recycling of hazardous electronic products.
Under E-Cycle Washington, consumers drop off used electronics at stations such as Goodwill Industries free of charge. The program then paid Total Reclaim to recycle the electronics according to Washington Department of Ecology standards.
Those standards bar recyclers from sending hazardous electronics products overseas.
Total Reclaim signed a public pledge in which it promised not to “allow the export of hazardous E-waste we handle to be exported” to developing countries, where workers are known to disassemble electronics, which contain dangerous materials such as mercury, without safety precautions.
Total Reclaim signed agreements with customers, such as the City of Seattle, in which the customers agreed to pay Total Reclaim to recycle electronics in accordance with these standards.
The defendants secretly caused over 8 million pounds of mercury-containing flat screen monitors to be exported to Hong Kong.
To prevent customers and auditors from learning of the practice, Lorch and Zirkle falsified documents, made false statements to customers, and stored the monitors at an undisclosed facility while they awaited shipping.
Lorch and Zirkle have agreed to pay $945,663 in restitution.
Where:
The program operated within Washington state.
e-Waste was shipped to Hong Kong in China.
When:
The defendants’ fraud was discovered in 2014.
Lorch and Zirkle caused at least 8.3 million pounds of monitors to be shipped to Hong Kong between 2008 and 2015.
“Your conduct spanned seven years and only stopped because you were caught. You had multiple opportunities to say enough is enough,” Judge Jones said.
The pair were sentenced on April 23, 2019.
Interested in site specific training at your site that covers this topic, and more!
Total Reclaim began secretly exporting flat screen monitors to Hong Kong to avoid the cost of safely recycling the monitors in the United States.
According to court filings, it would have cost Total Reclaim about $2.6 million to appropriately dispose of the monitors.
At the sentencing hearing, U.S. District Judge Richard A. Jones noted that with the men’s conduct could have impacted generations with mercury poisoning.
How:
The defendants’ fraud was discovered in 2014 by a non-governmental organization known as the Basel Action Network (“BAN”).
Usually the violation of regulations and the improper management of waste results in fines alone. This case was different due to its scope and the level of deliberate deception involved. Question: do you audit the companies that manage your waste (hazardous, non-hazardous, special, universal, used oil, recycled…whatever)? If you don’t, you should. The generator of a waste – any waste – has a cradle-to-grave responsibility for its management.
The purpose of this article is to identify and explain the regulatory responsibilities at 40 CFR 262.13(f) for a hazardous waste generator if it mixes its hazardous waste with non-hazardous waste. (more…)
After completing the hazardous waste determination as required by USEPA regulations at 40 CFR 262.11, the most fundamental responsibility of the generator of a waste is to count the hazardous waste it generates each month and determine its hazardous waste generator category. From the Federal Register publication of the final rule (81 FR, 11.28.16, 85755):
A generator must correctly count the quantity of hazardous waste that it generates in order to determine its generator category.
Despite its importance, the requirements for counting hazardous waste and determining generator category were not presented in a clear and distinct manner. That problem was corrected by the Generator Improvements Rule. The purpose of this article is to identify and explain the requirements of 40 CFR 262.13 for the counting of hazardous waste and the determination of hazardous waste generator category as revised by the Generator Improvements Rule.
Hazardous waste is identified at §261.3. To briefly summarize, it is a solid waste that is not excluded by regulation that either displays a characteristic of a hazardous waste or is a listed hazardous waste. Identifying a hazardous waste is the purpose of the Hazardous Waste Determination.
An acute hazardous waste is defined at §260.10:
Acute hazardous waste means hazardous wastes that meet the listing criteria in §261.11(a)(2) and therefore are either listed in §261.31 of this chapter with the assigned hazard code of (H) or are listed in §261.33(e) of this chapter.
As used in §262.13, the term “non-acute hazardous waste” means the same as hazardous waste as defined at §261.3.
Introduction:
Though created by the Generator Improvements Rule, the regulations in §262.13 do not constitute a new requirement for generators; merely a clarification of existing USEPA policy and enforcement. So, this is something a hazardous waste generator should have been already doing.
Generator categories are now (thanks to the Generator Improvements Rule) defined at §262.10 as follows:
Large quantity generator is a generator who generates any of the following amounts in a calendar month:
(1) Greater than or equal to 1,000 kilograms (2200 lbs) of non-acute hazardous waste; or
(2) Greater than 1 kilogram (2.2 lbs) of acute hazardous waste listed in §261.31 or §261.33(e) of this chapter; or
(3) Greater than 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in §261.31 or §261.33(e) of this chapter.
Small quantity generator is a generator who generates the following amounts in a calendar month:
(1) Greater than 100 kilograms (220 lbs) but less than 1,000 kilograms (2200 lbs) of non-acute hazardous waste; and
(2) Less than or equal to 1 kilogram (2.2 lbs) of acute hazardous waste listed in §261.31 or §261.33(e) of this chapter; and
(3) Less than or equal to 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in §261.31 or §261.33(e) of this chapter.
And…
Very small quantity generator is a generator who generates less than or equal to the following amounts in a calendar month:
(1) 100 kilograms (220 lbs) of non-acute hazardous waste; and
(2) 1 kilogram (2.2 lbs) of acute hazardous waste listed in §261.31 or §261.33(e) of this chapter; and
(3) 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in §261.31 or §261.33(e) of this chapter.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
The requirement to count hazardous waste and determine hazardous waste generator category applies to all hazardous waste generators – even the very small quantity generator (VSQG). USEPA’s intent to include VSQGs is made clear in the opening line of the preamble to this particular rule (quoted in full in the first paragraph to this article), “…A generator must…”; that means all of them.
Also, the first line of the opening paragraph of §262.13 reads:
A generator must determine its generator category.
And finally, it is codified at §262.14(a) (also created new by the Generator Improvements Rule) which indicates a VSQG is exempt from most hazardous waste regulations but not those of §262.10 – §262.14.
Generators must determine their generator category each month for the simple reason that the amount of hazardous waste generated may change from month-to-month.
Q: If a generator must determine its generator category each month, must it make a count of the hazardous waste generated each month?
A: No. Generators are not required to follow the prescribed steps of hazardous waste counting each month (81 FR 85756).
Q: If the amount of hazardous waste generated varies month-to-month, may I choose to operate as a large quantity generator?
A: Yes. A generator may choose to operate as an LQG to simplify regulatory compliance even though its generator category can change month-to-month (84 FR 85755).
For Generators of Either Acute or Non-Acute Hazardous Waste:
Generators of either acute hazardous waste or non-acute hazardous waste must do the following:If a facility generates either solely acute hazardous waste or solely non-acute hazardous waste its requirements for counting hazardous waste and determining generator category are largely unchanged by the Generator Improvements Rule.
Count the total amount of hazardous waste generated in the calendar month.
Subtract from the total any amounts of waste exempt from counting as prescribed in §262.13(c) and (d). See later in this article for the wastes exempt from counting.
Determine generator category using Table 1 to §262.13 (see below).
For Generators of Both Acute Hazardous Waste and Non-Acute Hazardous Waste:
A facility may generate both acute hazardous waste and non-acute hazardous waste in the same calendar month. Prior to the Generator Improvements Rule these wastes were counted separately (no change by the Generator Improvements Rule) and, if different generator categories determined managed separately according to the requirements of their respective generator category (this was changed by the Generator Improvements Rule).
Generators of both acute hazardous waste and non-acute hazardous waste must do the following:
Count separately the total amount of acute hazardous waste and the total amount of non-acute hazardous waste generated in the calendar month.
Subtract from each total any amounts of waste exempt from counting as prescribed in §262.13(c) and (d). See later in this article for the wastes exempt from counting.
Determine separately the resulting generator categories for the quantities of acute and non-acute hazardous waste generated using Table 1 to §262.13 (see below).
Then…
Apply the more stringent generator category to the accumulation and management of both non-acute hazardous waste and the acute hazardous waste generated for the month.
Q: I generate 2 kg/mo of acute hazardous waste but only 1 kg/mo of non-acute hazardous waste (none of the wastes are exempt from counting). Can I manage the non-acute hazardous waste as a VSQG and the acute hazardous waste as an LQG?
A: No. The Generator Improvements Rule requires the generator to manage all hazardous waste – both acute hazardous waste and non-acute hazardous waste – according to the more stringent generator category. In this case all waste must be managed subject to the conditions for exemption for a large quantity generator at §262.17.
TABLE 1 TO 262.13-GENERATOR CATEGORIES BASED ON QUANTITY OF WASTE GENERATED IN A CALENDAR MONTH
Quantity of acute hazardous waste generated in a calendar month
Quantity of non-acute hazardous waste generated in a calendar month
Quantity of residues from a cleanup of acute hazardous waste generated in a calendar month
Generator category
> 1 kg
Any amount
Any amount
Large quantity generator (LQG)
Any amount
>= 1,000 kg
Any amount
Large quantity generator (LQG)
Any amount
Any amount
> 100 kg
Large quantity generator (LQG)
<= 1 kg
> 100 kg and < 1,000 kg
<= 100 kg
Small quantity generator (SQG)
<= 1 kg
<= 100 kg
<=100 kg
Very small quantity generator
Q: Normally my facility is a VSQG. Recently we had a spill resulting in the generation of 150 kg of residues from the cleanup of acute hazardous waste. Do we now have to change our generator status to large quantity generator and comply with all of 262.17 for the remainder of the month or as long as the waste remains on-site, whichever is longer?
The following are hazardous waste not subject to any of the exemptions identified at 262.13(c) but are still not counted when determining generator category. Their exemption from counting is dependent on the fact that they have already been counted once towards the determination of generator category and need not be counted again.
Hazardous waste removed from on-site accumulation so long as it was previously counted once when generated.
Hazardous waste generated by on-site treatment of the generator’s hazardous waste so long as the hazardous waste that was treated had already been counted once when generated.
Hazardous waste spent materials generated, reclaimed, and then reused on site so long as the spent materials had been counted once when generated.
Q: Our facility takes a spent solvent hazardous waste and runs it through an on site distiller to reclaim the solvent for further use on site. One result of the process is the generation of a listed hazardous waste (still bottoms). The solvent is then reused which results in more spent solvent, more distillation, more still bottoms, &etc. Must we count the still bottoms toward our generator category? Must we count the solvent towards our generator category every time it is spent and sent to the distillation unit?
A: No. In the case of the still bottoms, it needs to be managed as a hazardous waste – if that is the result of your hazardous waste determination – but it is exempt from counting as a hazardous waste for determination of generator category as long as the spent solvent that was treated was counted once as a hazardous waste. Also, the solvent is not counted as a newly generated hazardous waste every time it is spent and sent for reclamation as long as it was counted once the first time it became spent.
What’s Left After a Generator has Determined its Hazardous Waste Generator Category?
According to §262.13(e), it is now the responsibility of the generator to do the following:
Meet the applicable independent requirements for hazardous waste generators at §262.10.
Comply with the applicable provisions of the following in order to remain exempt from the storage facility permit, interim status, and operating requirements:
§262.14 for a very small quantity generator
§262.15 for the satellite accumulation of a hazardous waste
§262.16 for a small quantity generator
§262.17 for a large quantity generator
Mixing Hazardous Waste with Solid Waste:
The remainder of §262.13 addresses a generator mixing its hazardous waste with a solid waste and its affect on hazardous waste counting and generator category determination. That will have to wait for a later article.
Conclusion:
As 262.13(e) indicates, after a generator has counted its hazardous waste and determined its generator category it must comply with the applicable regulations for that category. Contact me with any question you may have about the hazardous waste determination, determining your hazardous waste generator category, or any of the responsibilities of a hazardous waste generator.
In another article I review in detail the Federal USEPA regulations of 40 CFR 262.13 and its mandate to a generator to count the hazardous waste it generates and to determine its hazardous waste generator category. as those regulations were changed by the Generator Improvements Rule. Read: .
While the in-depth analysis of that article will assist you in understanding and complying with this very important regulation, it may also be of assistance to you to see – side-by-side – the applicable regulations before and after the changes of the Generator Improvements Rule. That is the purpose of this article.
Comparison of New 262.13 to Old 261.5- Generator Category Determination & Waste Counting
New-262.13
Old-261.5
A generator must determine its generator category. A generator's category is based on the amount of hazardous waste generated each month and may change from month to month. This section sets forth procedures to determine whether a generator is a very small quantity generator, a small quantity generator, or a large quantity generator for a particular month, as defined in § 260.10 of this chapter
262.13 (a) & (b) (a) Generators of either acute hazardous waste or non-acute hazardous waste. A generator who either generates acute hazardous waste or non-acute hazardous waste in a calendar month shall determine its generator category for that month by doing the following:
(1) Counting the total amount of hazardous waste generated in the calendar month;
(2) Subtracting from the total any amounts of waste exempt from counting as described in paragraphs (c) and (d) of this section; and
(3) Determining the resulting generator category for the hazardous waste generated using Table 1 of this section.
(b) Generators of both acute and non-acute hazardous wastes. A generator who generates both acute hazardous waste and non-acute hazardous waste in the same calendar month shall determine its generator category for that month by doing the following;
(1) Counting separately the total amount of acute hazardous waste and the total amount of non-acute hazardous waste generated in the calendar month;
(2) Subtracting from each total any amounts of waste exempt form counting as described in paragraphs (c) and (d) of this section;
(3) Determine separately the resulting generator categories for the quantities of acute and non-acute hazardous waste generated using Table 1 of this section; and
(4) Comparing the resulting generator categories from paragraph (b)(3) of this section and applying the more stringent generator category to the accumulation and management of both non-acute hazardous waste and acute hazardous waste generated for that month.
262.13(c)
(c) When making the monthly quantity-based determinations required by this part, the generator must include all hazardous waste that it generates, except hazardous waste that;
(1) is exempt from regulation under 40 CFR 261.4(c) through (f), 261.6(a)(3), 261.7(a)(1), or 261.8;
(2) Is managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in 40 CFR 260.10;
(3) Is recycled, without prior storage or accumulation, only in an on-site process subject to regulation under 40 CFR 261.6(c)(2);
(4) Is used oil managed under the requirements of 40 CFR 261.6(a)(4) and 40 CFR part 279;
(5) Is spent lead-acid batteries managed under the requirements of 40 CFR part 266 subpart G;
(6) Is universal waste managed under 40 CFR 261.9 and 40 CFR part 273;
(7) Is a hazardous waste that is an unused commercial chemical product (listed in 40 CFR part 261 subpart D or exhibiting one or more characteristics in 40 CFR part 261 subpart C) that is generated solely as a result of a laboratory clean-out conducted at an eligible academic entity pursuant to § 262.213. For purposes of this provision, the term eligible academic entity shall have the meaning as defined in § 262.200; or (8) Is managed as part of an episodic event in compliance with the conditions of subpart L of this part.
261.5(c)
(c) When making the quantity determinations of this part and 40 CFR part 262, the generator must include all hazardous waste that it generates, except hazardous waste;
(1) Is exempt from regulation under 40 CFR 261.4(c) through (f), 261.6(a)(3), 261.7(a)(1), or 261.8; or
(2) Is managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in 40 CFR 260.10; or
(3) Is recycled, without prior storage or accumulation, only in an on-site process subject to regulation under 40 CFR 261.6(c)(2); or
(4) Is used oil managed under the requirements of 40 CFR 261.6(a)(4) and 40 CFR part 279; or
(5) Is spent lead-acid batteries managed under the requirements of 40 CFR part 266, subpart G; or
(6) Is universal waste managed under 40 CFR 261.9 and 40 CFR part 273;
(7) Is a hazardous waste that is an unused commercial chemical product (listed in 40 CFR part 261, subpart D or exhibiting one or more characteristics in 40 CFR part 261. subpart C) that is generated solely as a result of a laboratory clean-out conducted at an eligible academic entity pursuant to §262.213. For purposes of this provision, the term eligible academic entity shall have the meaning as defined in §262.200 of Part 262.
262.13(d)
(d) In determining the quantity of hazardous waste generated in a calendar month, a generator need not include:
(1) Hazardous waste when it is removed from on-site accumulation, so long as the hazardous waste was previously counted once;
(2) Hazardous waste generated by on-site treatment (including reclamation) of the generator's hazardous waste, so long as the hazardous waste that is treated was previously counted once; and
(3) Hazardous waste spent materials that are generated, reclaimed, and subsequently reused on site, so long as such spent materials have been previously counted once.
261.5(d)
(d) in determining the quantity of hazardous waste generated, a generator need not include:
(1) Hazardous waste when it is removed from on-site storage; or
(2) Hazardous waste produced by on-site treatment (including reclamation) of his hazardous waste, so long as the hazardous waste that is treated was counted once; or
(3) Spent materials that are generated, reclaimed, and subsequently reused on-site, so long as such spent materials have been counted once.
262.13(e)
(e) Based on the generator category as determined under this section, the generator must meet the applicable independent requirements listed in §262.10. A generator's category also determines which of the provisions of §§262.14, 262.15, 262.16 or 262.17 must be met to obtain an exemption from the storage facility permit, interim status, and operating requirements when accumulating hazardous waste.
There is no corresponding "old" regulation
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
Hi Daniel,
I have a specific question on the level of detail required for the haz waste report I file for our company on a biannual basis.
We had a lab pack in 2017 so I have a lot more codes than normal and want to understand the appropriate way to report.
Note:
The query contains a slight typographical error that requires clarification. The questioner uses the word “biannual” – meaning twice per year – when the correct word is “biennial” – every two years. The biennial hazardous waste report is required to be submitted by March 1st of every even-numbered year for the hazardous waste managed in the previous (odd-numbered) calendar year.
My question is how to report labpack info consolidated on a manifest with multiple waste codes.
My concern is for example, the manifest says 60 lbs for an entry with six separate codes (U123, U147, D002, D004, D006, D007) when only ~1 lb (500g bottle) of actual material is formic acid (U123). The rest is ~5 lb other organic acids (D002), arsenic and chromium stds with nitric acid (D004, D007 – 100mL each), etc.
I guess my question is… does this 60 lbs on the manifest need to be broken down for each component with a unique waste code? If so, it would hard to determine how much is accounted for by the overpack container and vermiculite, etc.
Thanks if you can answer!
Note:
Another incorrect use of a word from the regulations could lead to confusion if not clarified. The questioner uses the term “overpack” when the correct term is “lab pack”. Overpack is the consolidation of one or more outer packages of hazardous materials or hazardous waste. A lab pack is the consolidation of inner packagings or receptacles of hazardous waste within an outer packaging.
I could answer. And I did. (January 15, 2018):
I believe I have an answer to your questions. Please see below.
The answer depends not on the waste codes in the lab pack (e.g., U123, U147, D002, D004, D006, D007) but on their management code. If the separate containers within the lab pack will all be managed in the same way (e.g., incineration), then the management would remain the same for the entire volume of all of the containers in the lab pack.
However, if some of the hazardous waste codes will be incinerated while others within the same lab pack will be landfilled or managed in some other way then you must report the amounts separately.
More information on reporting lab packs is below, taken from the report form instructions.
I hope this helps. Please contact me with any other questions.
Lab packs: Lab packs are containers of multiple smaller containers for transport purposes. The following rules should be applied to the reporting of lab pack wastes in the Hazardous Waste Report:
1) You may aggregate lab pack waste containers in most cases. However, you must report them as separate waste streams under the following conditions:
a) If they contain acute hazardous wastes (EPA Waste Codes F020, F021, F022, F023, F026, F027, and all “P” Waste Codes). Report separately from lab packs containing other hazardous wastes (all other EPA Waste Codes).
b) If they are managed differently from each other. For example, report lab packs that are land filled separately from those that are incinerated.
2) Enter a Form Code indicating lab packs (“W001” or “W004”) in Form GM, Section 1. These Form Codes may be used with any lab pack, whether the wastes are gaseous, liquid, solid, or sludge.
3) It is not necessary to report every EPA Waste Code included in a batch of lab packs if there are more than five waste codes. If there are many EPA Waste Codes enter “LABP” in the first Waste Code field and leave the remaining fields blank. If there are no more than five EPA Waste Codes in a drum/barrel, they should all be listed.
4) Density may be averaged. When reporting quantities for lab packs:
a) Include the weight of the containers if they are disposed (e.g., land filled) or treated (e.g., incinerated) along with the waste.
b) Exclude the weight of the containers if the waste is removed from the containers before treatment or disposal.
5) Source codes for lab packs vary depending on the situation. Review the Source Codes carefully to determine which is most appropriate in your case.
Will contact you if have training opportunities in the future.
Appreciate your time.
Cheers,
Conclusion:
The next biennial hazardous waste report is due March 1st of 2020 for hazardous waste activities conducted in 2019. Your state, if it’s one of the below, requires the report to be submitted annually. And don’t forget, If you’re required to submit the hazardous waste report you are also required to provide annual Hazardous Waste Personnel training.
USEPA Region
States That Require Annual Reporting
1
Maine, New Hampshire
2
New Jersey, New York
3
Delaware, District of Columbia
4
Georgia, Kentucky, Mississippi, South Carolina, Tennessee
5
Illinois, Indiana, Michigan, Minnesota, Wisconsin
6
Arkansas, Louisiana, Oklahoma, Texas
7
Kansas, Missouri
8
Montana
9
Arizona, California, Guam
10
Idaho, Oregon, Washington
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
An interesting question from California (that matters) on January 3, 2018:
Daniel;
I was searching Google when a link to your site came up. We are having to transport sludge and scum from an old wastewater plant across town to a newer plant. We are doing this in a tank truck. What placards do we need to put on the truck?
My reply that same day:
I will do my best to answer your question below.
If the waste is from a domestic sewage WWT it likely will not be a RCRA hazardous waste per USEPA regulations.
Unless it contains or is suspected to contain pathogens – and therefore a Division 6.2 Infectious Substance – it is unlikely to be a hazardous material (HazMat) per USDOT/PHMSA regulations.
The transport in a tank truck (aka: cargo tank motor vehicle) will likely be subject to California regulations as a commercial vehicle. I am not sure if California has a government employee exemption.
It’s handling may be subject to California Health Department regulations.
In sum:
Human waste is unlikely to be a USEPA hazardous waste though it may be a non-RCRA hazardous waste under California’s more strict regulations. If its transportation is not subject to USDOT/PHMSA regulations as a hazardous material, then no placards are required to be displayed on the vehicle. Due to the size and type of the vehicle it may be regulated in California as a commercial vehicle. This may require fees, registration, driver licensing, &etc.
I hope this helps.
Please contact me with any other questions.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
That seemed to satisfy him. I was surprised he didn’t have any other questions:
Thank you for your prompt reply,
Conclusion:
The hazardous waste regulations are much more stringent and more broad in California than the Federal rule. Compliance requires high-quality training that I can provide either as a Webinar or as Onsite Training.
A generator of hazardous waste must conduct a hazardous waste determination for all solid waste it generates. This requirement is codified in federal regulations at 40 CFR 262.11. A solid waste is defined and explained at 40 CFR 261.2, but for the purposes of this article you may think of a solid waste as any discarded solid, liquid, semi-solid, or containerized gas; pretty much anything you throw away.
The Generator Improvements Rule went into effect on May 30, 2017 in the federal regulations of the U.S. Environmental Protection Agency (USEPA) and in those states that lack an authorized hazardous waste program. Since that date, states with an authorized hazardous waste program have the option of adopting all of the 60+ changes to the generator regulations or only those that are more stringent than existing regulations.
Since all of the revisions made by the Generator Improvements Rule to the regulations of the hazardous waste determination are more stringent than existing regulations, every state must either adopt these revisions or create its own that are even more stringent. This article will address the hazardous waste determination as revised by the Generator Improvements Rule found at 40 CFR 262.11 of the USEPA regulations.
A person who generates a solid waste must make an accurate determination as to whether it is a hazardous waste. This determination must be made using the steps specified in §262.11.
A “person” as that term is used by USEPA – and is defined at §260.10 – includes an individual, a business, or branch of government. This means that every hazardous waste generator – no matter its status – must complete the hazardous waste determination.
The determination is the sole responsibility of the generator of the waste. Though it may be made by someone else: broker, consultant, transporter or TSDF, in the end it is the generator who will be held responsible for making an accurate determination.
Generators are, and always have been, ultimately responsible for making accurate hazardous waste determinations. (November 28, 2018; 81 FR 85750)
And…
A generator’s failure to properly analyze, label, and accumulate waste does not exempt the waste from regulation. (RO 11424).
The Generator Improvements Rule codified the requirement that a generator make an “accurate” determination. In other words, you must get it right.
While the regulations prior to the Generator Improvements Rule required the generator to conduct the hazardous waste determination using a specified “method”, the revised regulations require the generator to follow specified “steps”. This change to one word puts a stronger emphasis on the generator responsibility to follow through precisely as required by USEPA to conduct the hazardous waste determination.
Q: I’m a very small quantity generator of hazardous waste or VSQG (known as a conditionally exempt small quantity generator or CESQG prior to the Generator Improvements Rule). I don’t have to complete the hazardous waste determination, right?
A: Wrong. One of the conditions for exemption of a VSQG found at §262.14(a)(2) is that it “…complies with §262.11(a) through (d).” This takes the VSQG all the way through the hazardous waste determination but stops short of paragraphs (e), (f), & (g) which are explained below.
The addition of the word accurate to §262.11, though a small change, has a significant impact and is worth further explanation.
From Merriam-Webster:
Definition of accurate
1 : free from error especially as the result of care
an accurate diagnosis
2 : conforming exactly to truth or to a standard : EXACT
providing accurate color
3 : able to give an accurate result
an accurate gauge
4 : going to, reaching, or hitting the intended target : not missing the target
an accurate shot/kick
The revised text indicates an accurate hazardous waste determination must be made, “in order to ensure wastes are properly managed according to applicable RCRA regulations.” In other words, the purpose of an accurate determination is to make certain the waste (hazardous or non-hazardous) is managed in compliance with the regulations.
The use of “accurate” in §262.11 and its absence elsewhere in the regulations is not meant to imply that other compliance activities can be inaccurate.
The inclusion of the language, “in order to ensure wastes are properly managed according to applicable RCRA regulations.” allows for the over-management of a waste. In other words, a generator may choose to manage their non-hazardous waste as a hazardous waste in order to ensure, beyond a doubt, proper and protective management of the waste.
“Steps”?
A hazardous waste determination must be made at the point of generation and continue throughout its management. It must be made by the generator using the following steps in this sequence:
Determine the point of generation for the solid waste.
Determine if the solid waste is excluded from regulation at §261.4.
If not excluded, determine if it is a listed hazardous waste per §261, subpart D.
Then, determine if it is a characteristic hazardous waste per §261, subpart C.
Maintain a record of the hazardous waste determination.
Identify all applicable hazardous codes prior to shipping the waste off-site.
Notice that this is the hazardous waste determination and not a solid waste determination. In fact, the regulations at §262.11 don’t explicitely direct a hazardous waste generator to identify the generation of a solid waste. However, the opening language of the regulation reads: “A person who generates a solid waste, as defined in 40 CFR 261.2…” So, it is necessary to identify the generation of a solid waste before you can determine the presence of a hazardous waste. Also, as noted below, the hazardous waste determination must begin at the point of generation, which is the moment a material is discarded and becomes a solid waste.
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When must the hazardous waste determination be made?
Though a long-standing policy and position of the USEPA that a hazardous waste determination be made at the point of generation, the Generator Improvements Rule codified this language at §262.11(a).
Hazardous waste determination must be made at the point of generation before any dilution, mixing, or other alteration that may change the waste. Point of generation includes both the time and place the waste was first generated (81 FR 85750).
It is critical, therefore, that the generator determine the exact point of generation of the waste. Any dilution, mixing, or alteration of the waste after this point may be regulated as treatment.
The determination must continue throughout the cradle-to-grave management of the waste. That requires the generator to know the qualities of its waste, the conditions it will face during management, and to anticipate the changes it may undergo. For example, a solution of a non-hazardous waste may – over time – separate into two or more phases, one of which may display a characteristic of a hazardous waste.
Excluded from regulation? Really?
USEPA regulations include many exclusions from regulation. §262.11(b) now mandates that the generator determine if any of them apply to its waste. If the generator can meet the conditions of one of these exclusions the solid waste may not be a hazardous waste or – even better – it may not be a solid waste at all and remain a material. If any of these exclusions apply – and the generator chooses to utilize it – the hazardous waste determination will end right there.
40 CFR 261.4 includes the following exclusions from regulation:
But what if the solid waste is not excluded at 40 CFR 261.4?
If not excluded at §261.4, the generator must then use their knowledge of the waste to determine if it is a listed hazardous waste. At §262.11(c) the new regulations of the Generator Improvements Rule mandate that solely generator knowledge be used to identify a listed hazardous waste. It also identified what is acceptable to use as knowledge.
The four (4) types of listed hazardous waste regulated by USEPA are identified at §261, subpart D.
Acceptable knowledge for completing this step of the hazardous waste determination may include:
Waste origin
Waste composition
The process producing the waste
Feedstock
Other reliable and relevant information
If it has an authorized hazardous waste program, your state may identify and regulate listed hazardous waste in addition to those of the USEPA.
The determination of a listed hazardous waste is based solely on generator knowledge. It does not require the testing of a representative sample.
If listed, a generator may submit a de-listing petition to USEPA or its state per §260.20 & §260.22 to demonstrate the waste is not a hazardous waste.
That takes care of listed hazardous waste. What about characteristic hazardous waste?
The generator must also determine if the waste exhibits one or more hazardous characteristics using either generator knowledge, testing of a representative sample if knowledge is inadequate, or a combination of both. This represents a change from the original regulations at §262.11(c) which required the use of either testing or knowledge to determine the characteristic, but not both. These regulations are now found at §262.11(d) and divided into two paragraphs: (1) for the use of knowledge and (2) for the testing of a representative sample.
The four (4) types of characteristic hazardous waste regulated by USEPA are identified at §261, subpart C.
The determination of hazardous waste characteristics is required whether or not the waste was earlier (at §262.11(c)) identified as a listed hazardous waste.
The determination of a characteristic hazardous waste must first be made using knowledge of the waste. If that knowledge is inadequate to make an accurate determination the generator must then test a representative sample. However, if knowledge is adequate to make an accurate determination the testing of a representative sample is not required.
For the purposes of this step of the determination, acceptable knowledge may include:
Process knowledge (e.g., information about chemical feedstocks and other inputs to the production process).
Knowledge of products, by-products, and intermediates produced by the manufacturing process.
Chemical or physical characterization of wastes.
Information on the chemical and physical properties of the chemicals used or produced by the process or otherwise contained in the waste.
Testing that shows the properties of the waste.
Other reliable and relevant information about the properties of the waste or its constituents.
Testing of a representative sample of the waste by other than an approved method (found at §261, subpart C) or an equivalent test method approved by USEPA per §260.21, may be done and considered as generator knowledge. However, such unapproved tests do not, by themselves, provide definitive results.
When available knowledge is inadequate to accurately determine if a waste displays the characteristic of a hazardous waste, the generator must do the following:
Obtain a representative sample of the waste as that term is defined at §260.10.
Test the sample according to the applicable methods of §261, subpart C or an equivalent method approved by USEPA per §260.21.
The results of a test properly performed per the requirements of §261, subpart C (but not §260.21) are definitive for the purposes of determining a hazardous waste characteristic.
What if the determination reveals a hazardous waste?
If the waste is determined to be hazardous the generator must refer to the specified parts of Title 40 for other possible exclusions or restrictions specific to the waste.
The specified parts are as follows:
261 – Identification and listing of hazardous waste
264 – Standards for owners and operators of treatment, storage, and disposal facilities
265 – Interim standards for owners and operators of treatment, storage, and disposal facilities
266 – Standards for the management of specific hazardous waste and specific types of hazardous waste management facilities
267 – Standards for owners and operators of hazardous waste facilities operating under a standardized permit
268 – Land disposal restrictions
273 – Standards for universal waste management
But, where’s the used oil? A material meeting the definition of used oil is subject to regulation at §279 and not those for a hazardous waste generator. The generator of a used oil is not subject to the hazardous waste determination. (RO 14054)
This paragraph of these regulations is unchanged from its form before the Generator Improvements Rule, though its citation has changed (it used to be at §262.11(d)).
Recordkeeping:
Created entirely new by the Generator Improvements Rule, this paragraph at §262.11(f) details the applicability of and requirements for maintaining records of the hazardous waste determination. A small or large quantity generator must maintain records supporting its hazardous waste determinations, including records that identify whether a solid waste is a hazardous waste.
Prior to the Generator Improvements Rule the requirement for maintaining records of a hazardous waste determination was located at §262.40(c). It was moved to §262.11 to highlight the importance of the recordkeeping requirement to the hazardous waste determination. A reference to §262.11(f) remains at §262.40(c).
Though proposed, the Generator Improvements Rule did not finalize a requirement for generators to maintain records of their non-hazardous waste determination; though it is recommended as a best management practice. So, if an accurate hazardous waste determination results in the determination of a non-hazardous waste, the generator is not required to maintain a record of that determination. However, some states may be more stringent than federal regulations and may therefore require a generator to maintain records of a non-hazardous waste determination.
Q: Does an inspector have the authority to ask for a hazardous waste determination be performed – or a record of one be provided – for a non-hazardous waste?
A: Yes. “When situations warrant, inspectors have the authority to ask that a hazardous waste determination be performed by the generator in the absence of any documentation and the attributes of the waste suggest a potential problem.” (81 FR 85754)
Records of a hazardous waste determination must be maintained for at least three (3) years from the date the waste was last sent to on-site or off-site treatment, storage, or disposal. Of course, record retention is extended automatically during an enforcement action or as requested by USEPA.
The records must comprise the generator’s knowledge of the waste and support the generator’s determination of the waste as either a listed or characteristic hazardous waste.
The records must include, but are not limited to, the following types of information:
The results of any tests, sampling, waste analyses, or other determinations made for the hazardous waste determination.
Records documenting the tests, sampling, and analytical methods used to demonstrate the validity and relevance of such tests.
Records consulted in order to determine the process by which the waste was generated, the composition of the waste, and the properties of the waste.
Records which explain the knowledge basis for the generator’s determination of a hazardous waste characteristic.
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Hazardous waste codes:
Also new thanks to the Generator Improvements Rule, §262.11(g) requires the generator (small and large quantity generator only) to identify all USEPA hazardous waste codes (aka: hazardous waste numbers) applicable to the waste.
Of course, this step need only be taken if the waste is determined to be a hazardous waste since only a hazardous waste has hazardous waste codes.
The generator must identify all applicable hazardous waste codes prior to offering the hazardous waste for off-site transportation. It is not necessary to identify waste codes at the point of generation. However, SQGs and LQGs may have waste management practices in place and choose to identify the RCRA waste codes sooner than prior to off-site shipment.
Federal hazardous waste codes are identified in subpart C and D of part 261.
A state may have waste codes in addition to those of the USEPA. In that case state regulations will require their identification as well.
As part of the pre-transport requirements of §262.32, a small quantity generator and large quantity generator must mark its containers with all applicable hazardous waste codes prior to offering for off-site transportation. Read: Marking of a Hazardous Waste Container for Off-Site Transportation.
The very small quantity generator is not required to identify the hazardous waste codes applicable to its hazardous waste.
Done!
Remember, the hazardous waste determination is only the first step of your responsibilities as a hazardous waste generator. After you have completed the hazardous waste determination you must count your hazardous waste generation and determine your hazardous waste generator status (both of these regulations were also changed by the Generator Improvements Rule, but that’s an article for a later date).
While the in-depth analysis of that article will assist you in understanding and complying with this very important regulation, it may also be of assistance to you to see – side-by-side – the applicable regulations before and after the changes of the Generator Improvements Rule. That is the purpose of this article.
262.11 Hazardous Waste Determination and Record keeping
New - 262.11
Old - 262.11
A person who generates a solid waste, as defined in 40 CFR 261.2, must make an accurate determination as to whether that waste is a hazardous waste in order to ensure wastes are properly managed according to applicable RCRA regulations. A hazardous waste determination is made using the following steps:
A person who generates a solid waste, as defined in 40 CFR 261.2, must determine if that waste is a hazardous waste using the following method:
(a) The hazardous waste determination for each solid waste must be made at the point of waste generation, before any dilution, mixing, or other alteration of the waste occurs, and at any time in the course of its management that it has, or may have, changed its properties as a result of exposure to the environment or other factors that may change the properties of the waste such that the RCRA classification of the waste may change.
(b) A person must determine whether the solid waste is excluded from regulation under 40 CFR 261.4.
(a) He should first determine if the solid waste is excluded from regulation under 40 CFR 261.4.
(c) If the waste is not excluded under 40 CFR 261.4, the person must then use knowledge of the waste to determine whether the waste meets any of the listing descriptions under sub part D of 40 CFR part 261. Acceptable knowledge that may be used in making an accurate determination as to whether the waste is listed may include waste origin, composition, the process producing the waste, feed stock, and other reliable and relevant information. If the waste is listed, the person may file a delisting petition under 40 CFR 260.20 and 260.22 to demonstrate to the Administrator that the waste from this particular site or operation is not a hazardous waste.
(b) He must then determine if the waste islisted as a hazardous waste in sub part D of 40 CFR part 261
(d) The person then must also determine whether the waste exhibits one or more hazardous characteristics as identified in sub part C of 40 CFR part 261 by following the procedures in the paragraph (d)(1) or (2) of this section or a combination of both.
(1) The person must apply knowledge of the hazard characteristic of the waste in light of the material or the processes used to generate the waste. acceptable knowledge may include process knowledge (e.g., information about chemical feed stocks and other inputs to the production process); knowledge of products, by-products, and intermediates produced by the manufacturing process; chemical or physical characterization of wastes; information on the chemical and physical properties of the chemical used o produced by the process or otherwise contained waste; testing that illustrates the properties of the waste; or other reliable or relevant information about the properties of the waste or its constituents. A test other than a test method set forth in sub part C of 40 CFR part 261, or an equivalent test method approved by the Administrator under 40 CFR 260.21, may be used as part of a person's knowledge to determine whether a solid waste exhibits a characteristic of a hazardous waste. However, such tests do not, by themselves, provide definitive results. Persons testing their waste must obtain a representative sample of the waste for the testing, as defined at 40 CFR 260.10.
(2) When available knowledge is inadequate to make an accurate determination, the person must test the waste according to the applicable methods set forth in sub part C of 40 CFR part 261 or according to an equivalent method approved by the Administrator under 40 CFR 260.21 and in accordance with the following:
(i) Persons testing their waste must obtain a representative sample of the waste for testing, as defined in 40 CFR 260.10.
(ii) where a test method is specific in sub part C of 40 CFR part 261, the results of the regulatory test, when poperly performed, are definitive for determining the regulatory status of the waste.
(c) For purposes of compliance with 40 CF part 268, or if the waste is not listed in sub part D of 40 CFR part 261, the generator must then determine whether the waste is identified in sub part C of 40 CFR part 261 by either:
(1) Testing the waste according to the methods set forth in subpart C of 40 CFR part 261, or according to an equivalent method appoved by the Administrator under 40 CFR 260.21; or
(2) Applying knowledge of the hazard characteristics of the waste in light of the materials or the processes used.
(e) If the waste is determined to be hazardous, the generator must refer to parts 261, 264, 265, 266, 267, 268, and 273 of this chapter for other possible exclusions or restrictions pertaining to the management of the specific waste.
(d) If the waste is determined to be hazardous, the generator must refer to parts 261, 264, 265, 266, 267, 268, and 273 of this chapter for other possible exclusions or restrictions pertaining to the management of the specific waste.
(f) Record keeping for small and large quantity generators. A small or large quantity generator must maintain records supporting its hazardous waste determinations, including records that identify whether a solid waste is a hazardous waste, as defined by 40 CFR 261.3. Records must be maintained for at least three years from the date that the waste was last sent to on-site or off-site treatment, storage, or disposal. These records must comprise the generators's knowledge of the waste and support the generator's determination, as described at paragraphs (c) and (d) of this section. The records must include, but are not limited to, the following types of information: the results of any test, sampling, waste analyses, or other determinations made in accordance with this section, records documenting the tests, sampling, and analytical methods used to demonstrate the validity and relevance of such tests; records consulted in order to determine the process by which the waste was generated, the composition of the waste, and properties of the waste; and records which explain the knowledge basis for the generator's determination, as described at paragraph (d)(1) of this section. The periods of record retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Administrator.
(g) Identifying hazardous waste numbers for small and large quantity generatos. If the waste is determined to be hazardous, small quantity generators and large quantity generators must identify all aplicable EPA hazardous waste numbers (EPA hazardous waste codes) in sub part C and D of part 261 of this chapter prior to shipping the waste off site, the generator also must mark its containers with all applicable EPA hazardous waste numbers (EPA hazardous waste codes) according to §262.32.
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