A regulation proposed under the Generator Improvements Rule was to require hazardous waste generators – both large quantity generator (LQG) and small quantity generator (SQG) – to document the results of weekly inspections conducted on hazardous waste accumulated in containers, tanks, and drip pads.
A Houston chemical container company and two of its principals face felony environmental charges. It is alleged the company used a hidden storm drain to dump benzene and other highly toxic liquids into waterways near homes and schools over a period of at least months, injuring its employees in the process.
Who:
Wright Containers:
Opened facility in Houston, TX in 2017 and had plans for a second location in Sulphur, Louisiana.
It has customers from Texas, Louisiana, Mississippi, Oklahoma and other states.
Both the owner of the company and the general manager were charged with a felony for the alleged environmental crimes.
Investigated by:
Environmental Crimes Division of the Harris County District Attorney’s Office.
Houston Police Department’s Environmental Crimes Unit.
Reported by: Mark Collette and Brian Rogers of the Houston Chronicle.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
Wright Containers picked up dirty and empty intermediate bulk containers (IBCs) – commonly referred to as totes – from businesses. (IBCs / totes are hefty industrial-strength containers, made of thick plastic, holding up to 330 gallons of liquid and encased in metal cages mounted on pallets.) Wright Containers advertised it used “a proprietary chemical treatment” to recondition the IBCs / totes for reuse as a packaging for hazardous materials. Instead, according to the investigation, the company had its employees cut the plastic containers into pieces to be thrown away, then re-outfitted the metal cages with other inner plastic containers.
It is alleged any toxic chemicals remaining in the IBCs / totes were discharged down a storm drain which ultimately leads to Sims Bayou and then Galveston Bay. The dumped chemicals included benzene, ethylbenzene, butylbenzene, dichloromethane, ethylbenzene and toluene, among others. Some are carcinogenic and highly flammable. Workers stacked the IBCs / totes around the property’s central storm drain to block it from public view.
It is believed that Wright Containers did not have the required permits for handling hazardous waste. An online Texas Commission on Environmental Quality (TCEQ) database of regulated companies shows nothing under the company’s name when reviewed by the Houston Chronicle.
There is no evidence that companies sending totes to Wright Containers knew how the waste was being disposed.
The owner of the company and its general manager, each face two counts of intentional water pollution and one count of improper disposal and storage of hazardous materials. If convicted, they could face up to 10 years in prison and fines of up to $250,000 per violation. The company is also named as a defendant.
To report acts of pollution to air, water or land to HPD’s Environmental Investigations Unit, call 713-525-2728
Where:
Wright Containers, in the 6600 block of Lindbergh Street in southeast Houston, is a few blocks away from Seguin Elementary School and hundreds of homes. Two other schools are nearby.
When:
Prosecutors say Wright Containers opened for business early in 2017.
January 8 2018, a Temporary Restraining Order was granted against Wright Containers, forbidding them from accepting or disposing any hazardous waste at their local site.
Wright Containers was indicted on February 2, 2018.
Updated 9:32 am CST, Monday, February 5, 2018
Why:
Prosecutors said they want this case to institute a new era of accountability for environmental crimes, relying on new lines of communication with the community to ferret out wrongdoers.
“If you’re operating without a license and handling hazardous waste, discharging hazardous waste, disposing of it, we’re going after you,” said Alex Forrest, chief of the environmental crimes division of the Harris County District Attorney’s Office.
How:
The alleged activity was brought to the attention of law enforcement by former employees acting as “whistle-blowers”.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
I find it very interesting that other than the reference to searching the TCEQ database above, there is no action of either the Texas Commission on Environmental Quality or the US Environmental Protection Agency reported in this case. It appears to have been handled entirely as a criminal act by local authorities.
This should serve as a wake-up call to all within the regulated industry. It is not just the state or federal agencies that may stop by for their regularly-scheduled inspections and issue you a notice of violation (NOV) and perhaps a small financial penalty. Here we see local law enforcement pursuing criminal investigations against a business for violations of environmental regulations.
Something else I noted in this report is that no responsibility is assigned to the companies that sent their totes to Wright Containers, and they better hope it stays that way. However, under the cradle-to-grave responsibility a company has for the waste it generates under RCRA, those companies could be held responsible for the mis-management of their waste.
And finally, keep your neighbors happy:
We depend on our law-enforcement agencies, concerned citizens and whistleblowers to develop and communicate the intelligence and information we need to shut down these hazardous operations. The community truly is our eyes and ears, and we want the public to know we are here.
My training and consulting services can help you to avoid the NOVs, civil penalties, and criminal prosecution that can result from violation of the regulations.
A large quantity generator of hazardous waste (LQG) is subject to the RCRA regulations of the U.S. Environmental Protection Agency (USEPA) for the cradle-to-grave management of its waste. If the LQG will cease the accumulation of hazardous waste at a particular accumulation unit within its facility – even temporarily – then it is necessary to comply with the closure regulations of 40 CFR 262.17(a)(8). The purpose of this article is to explain the regulatory responsibility of a large quantity generator of hazardous waste for the closure of a hazardous waste accumulation unit (specifically, a central accumulation area for containers of hazardous waste) under new regulations codified by the Generator Improvements Rule.
Before we begin…
Regulations already in affect prior to May 30, 2017 required an LQG to take specific actions when closing certain hazardous waste accumulation units (tanks, drip pads, and containment buildings but not hazardous waste in containers) at its facility. Those regulations – originally found at §262.34(a)(1)(iv)(B) and now at §262.17(a)(8) – were clarified and strengthened as part of the Generator Improvements Rule. The most significant change was the addition of hazardous waste containers in a central accumulation area (CAA) to the existing closure requirements for tanks, drip pads, and containment buildings.
The Generator Improvements Rule has not – as of this writing – been adopted in all states. This particular requirement of the rule must eventually be adopted by all states since it is more strict than existing regulations. However, states have until July 1 of 2019 to adopt these more strict regulations. Read: What is the status of the Generator Improvements Rule in my state?
Scope:
The requirements of §262.17(a)(8) are applicable to…
A LQG. Neither a small quantity generator (SQG) nor very small quantity generator (VSQG) of hazardous waste are subject to these regulations. The minimal closure regulations applicable to a SQG that accumulates hazardous waste in a tank are found at §262.16(b)(3)(vi). There are no closure requirements for a VSQG. A treatment, storage, and disposal facility (TSDF) has its own closure regulations found in parts 264/265 of Title 40.
Not sure of your hazardous waste generator status?
The accumulation of hazardous waste. Wastes that are non-hazardous, hazardous but excluded or exempt by regulation, managed by the generator under an option other than hazardous waste (e.g. universal waste, used oil), or those regulated as a hazardous waste by state regulations but not Federal are not subject to these USEPA closure regulations
The accumulation of hazardous waste in a central accumulation area (CAA), not a satellite accumulation area (SAA). §262.17(a)(8)(v) states this clearly.
The closure of an accumulation unit at a facility and/or the closure of the facility. Note: this article will address solely the requirements for closure of an accumulation unit. If interested in the requirements for closure of a facility, read: Large Quantity Generator of Hazardous Waste Facility Closure. The closure of an accumulation unit means hazardous waste accumulation will cease – even temporarily – at that precise location though it may continue
elsewhere within the facility. To further clarify: moving a 55-gallon hazardous waste drum from one area of the facility to another is considered to be closure of an accumulation unit.
The accumulation of hazardous waste in any of the four (4) hazardous waste accumulation units: containers, tanks, containment buildings, and drip pads. Read more about the four hazardous waste accumulation units. Note: this article will focus solely on the closure requirement for hazardous waste accumulated in containers.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
USEPA’s purpose with these new regulations (part of the Generator Improvements Rule) is to ensure LQGs accumulating hazardous waste in containers meet the same closure requirements as LQGs accumulating hazardous waste in tanks, drip pads, and containment buildings. USEPA has determined that a significant number of site clean-up operations undertaken by Superfund have been caused by improper closure of hazardous waste accumulation units that are containers of hazardous waste in a CAA.
80 FR 57955 USEPA provided a list of Superfund clean-ups caused by LQGs who abandoned sites without proper closure of hazardous waste container CAAs.
Requirements for Closure of a Hazardous Waste Accumulation Unit (Container(s) in CAA):
An example of a hazardous waste accumulation unit
If a large quantity generator of hazardous waste intends to permanently or temporarily halt the accumulation of hazardous in containers at a central accumulation area at its facility it must perform one of the following.
Place a notice in the facility’s operating record within 30 days after closure of the hazardous waste accumulation unit. Notice must identify the location of the unit within the facility. If the waste accumulation unit is subsequently reopened, the generator may remove the notice from the operating record.
Or…
2. Submit the notifications and meet the closure performance standards in the same manner as for closure of a facility (see below).
Notification:
LQG must notify EPA – or its state – no later than 30 days prior to closing the hazardous waste accumulation unit. The notification must be made using the Federal 8700-12 Form unless your state has its own form for this purpose.
LQG must also notify EPA – or its state – within 90 days after closing the hazardous waste accumulation unit. The notification must be made using the Federal 8700-12 Form unless your state has its own form for this purpose. This notification must indicate whether the facility has complied with the closure performance standards (i.e. “clean close”, more on that later) or is unable to meet the closure performance standards and therefore must close under the regulations applicable to a landfill (more on that later too).
LQG may be granted additional time to clean close if it does the following:
Notify EPA – or state- within 75 days of the submittal of the initial notification.
Notification must be made on EPA 8700-12 Form or the state equivalent.
Notification must include an explanation as to why the additional time is required.
Performance Standards for Clean Close:
Note: the information below is a summarized version of the regulations at §262.17(a)(8)(iii). I attempted to capture the intent of the performance standard while avoiding the excessive descriptions found in the regulations. Please read the regulations for a full description of the closure performance standards.
LQG must close each hazardous waste accumulation area at the facility to prevent the future release of any hazardous waste to the environment.
LQG must also remove or decontaminate all contaminated equipment, structures, soil, and any remaining hazardous waste.
Manage any hazardous waste generated during closure according to the regulations applicable to an LQG.
An LQG performing a clean close is not required to have a closure plan or financial assurance. (RO 14321)
Another example of a hazardous waste accumulation unit
If Unable to Perform Clean Close:
If the LQG is unable to meet the closure performance standards (i.e. clean close) and can demonstrate that the contaminated soils and wastes cannot be practicably removed or decontaminated from any accumulation unit(s) the LQG must close the waste accumulation unit(s) and perform post-closure care per the regulations applicable to a landfill at §265.310 and subparts G and H of part 265. Requirements for closure as a landfill include, but are not limited to, the following:
Installing groundwater monitoring wells upgradient and downgradient from the container area.
Installing monitoring wells for 30 years or longer during a post-closure care groundwater monitoring program.
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If you’re confused about the use of the USEPA’s new e-Manifest System (launched on June 30, 2018), you’re not alone. Despite a valiant effort to inform the regulated community of the new system and to work out the kinks, many problems remain and will likely persist well after 06.30.18. The contact information below is provided by the USEPA to help answer the questions of people like you.
Questions about using the system?
e-Manifest Helpdesk for Industry Users
8:00 am ET – 6:00 pm ET
Toll Free: (833) 501-6826
Direct Line: (970) 494-5508
Email Helpdesk for Industry Users (helpdesk@epacdx.net)
If you have a question for me about the e-Manifest System, I’ll likely call these numbers and then reply. This system is so new – and untried – that I don’t think anyone can consider themselves an expert. Yet. However, if you are affected by the e-Manifest System you may also be a generator of hazardous waste. If you are, then you will require some form of Hazardous Waste Personnel training.
Yes. EPA recently decided to grant extra time for receiving facilities to submit paper manifests during the initial months after system launch (scheduled for June 30, 2018). Under EPA’s regulations, receiving facilities must submit paper manifests to EPA within 30 days of receipt. However, EPA will allow receiving facilities to submit paper manifests they receive between June 30, 2018, and September 1, 2018, by September 30, 2018. This effectively provides receiving facilities up to 60 additional days, over the existing 30 days provided in the regulations, to submit paper manifests to EPA.
This does not change the requirement for receiving facilities to send manifests initiated on and after June 30, 2018, to EPA and for EPA to then charge a user fee for each manifest it receives. Rather, it simply extends the deadline for when paper manifests would be due to EPA. There are three ways for receiving facilities to submit a paper manifest: (1) through the U.S. mail; (2) upload of a scanned image of the manifest; and (3) sending a data file plus a scanned image of the manifest. Once the paper manifest is received by EPA, EPA will charge a user fee for each manifest based on how the manifest was submitted and the corresponding costs to EPA to process the data. EPA charges the highest user fee for paper manifests mailed to the Agency, a lower fee for uploads of scanned images, and a lower fee still for manifests submitted as data files plus scanned images.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
(Receiving facilities, of course, can use electronic manifests/hybrid manifests, but as these manifests are signed electronically in EPA’s e-Manifest system and are submitted to the Agency instantaneously, the extra time to submit paper manifests is not applicable for these manifests. EPA charges the lowest user fee for electronic manifests.)
EPA believes that this additional time will allow receiving facilities to complete any steps necessary to modify their software systems and integrate them with e-Manifest so that they are in a better position to take advantage of the lower user fees for paper manifests submitted as “data plus image” uploads. Thus, this flexibility reduces costs to industry as well as reduces processing burden for EPA and sets up an important framework for entities to expedite their transition to fully electronic manifesting.
EPA encourages receiving facilities to submit paper manifests as soon as possible, rather than waiting until September 30, 2018. This will help both the receiving facility and EPA best manage, process, and bill for any manifests accumulated during this period.
Beginning on September 1, 2018, receiving facilities must submit all paper manifests to EPA within 30 days of receipt by the receiving facility, as required by the regulations.
Illinois does not have an omnibus law that deals with solid waste management issues; many separate pieces of legislation focus on waste reduction and recycling. The three major laws that impact and guide the programs and functions of the Division of Recycling and Waste Reduction, Illinois Energy Office, Illinois Department of Commerce and Economic Opportunity’s (DCEO) are the following:
Illinois Solid Waste Management Act
Illinois Solid Waste Planning and Recycling Act
Illinois Environmental Protection Act (EPAct)
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
The EPAct contains Illinois’ environmental regulations including provisions that prohibit a variety of items from being disposed of in Illinois’ landfills.
The following items are banned from Illinois’ landfills:
Yardwaste: Public Act 85-1430 banned landscape waste (grass, leaves and brush) from being landfilled effective July 1, 1990.
Lead-Acid Batteries (Car Batteries): Public Act 86-723 banned the landfilling of lead-acid batteries effective September 1, 1990.
Waste Tires: Public Act 86-452 (1989) banned whole used or waste tires from sanitary landfills effective July 1, 1994. (Pubic Act 93-839 eliminated DCEO’s share of the Used Tire Management.)
White Goods: Public Act 87-858 banned white goods (large appliances) from being landfilled effective July 1, 1994, unless the “white good components have been removed.” White goods include “all discarded refrigerators, ranges, water heaters, freezers, air conditioners, humidifiers and other similar domestic and commercial large appliance.” White good components include: “any chlorofluorocarbons refrigerant gas; any electrical switch containing mercury; and any device that contains or may contain PCBs in a closed system, such as a dielectric fluid for a capacitor, ballast or other component.” Additionally, landfills cannot accept “clean” white goods for disposal unless they participate in the Industrial Materials Exchange Service by communicating the availability of white goods.
Used Oil: Public Act 87-1213 prohibited, beginning July 1, 1996, persons from knowingly mixing liquid used oil with any municipal waste that is intended for collection and disposal at a landfill. The law further stipulates that no owner or operator of a sanitary landfill shall accept liquid used oil for final disposal beginning July 1, 1996. For the purpose of this act “liquid used oil” shall not include used oil filters, rags, absorbent material used to collect spilled oil, or empty containers which previously contained virgin oil, re-refined oil or used oil.
Electronic Products: While not covered by the EPA Act, the Electronic Products Recycling and Reuse Act (415 ILCS 150/1 et seq.) bans many electronic products from being landfilled, This more recent law, signed and effective September 17, 2008 as amended in 2011, advances a producer responsibility model for dealing with end-of-life electronics generated in Illinois. Among other things, this legislation bans covered electronic devices from being landfilled in Illinois starting January 1, 2012. Covered electronic devices include computers, monitors, televisions and printers.
Mercury Thermostat Collection Act (415 ILCS 98/1 et seq.) This law includes a prohibition on the disposal of out-of-service mercury-switch thermostats in a sanitary landfill, in addition to prohibiting the mixing of out-of-service mercury-switch thermostats with any other solid waste that is intended for disposal at a sanitary landfill (Section 50). This provision is similar to the landfill bans that apply to car batteries, waste tires and other end-of-life products. This law also contains product stewardship provisions, similar to the Electronic Products Recycling and Reuse
Act. The key provisions include:
Requires heating, ventilation and cooling (HVAC) contractors or service technicians to recycle mercury switch thermostats that are taken out of service, beginning July 1, 2011.
Requires thermostat wholesalers (typically heating, plumbing and electrical supply businesses) to act as a collection point for out-of-service mercury thermostats, beginning July 1, 2011. Thermostat wholesalers not participating in the program are prohibited from selling or distributing thermostats.
Requires thermostat manufacturers to make collection containers available to all thermostat wholesalers and qualified HVAC contractors. Retailers and qualified local government authorities may also request a collection container. Requires thermostat manufacturers to pay for the transportation of the collected mercury-switch thermostats to an appropriate recycling facility.
Requires thermostat manufacturers to develop and distribute educational materials to help make wholesalers and HVAC contractors aware of the requirements of the law.
Establishes goals for the collection of mercury-switch thermostats in the first four years of the program. Provides IEPA with authority for setting the collection goals for 2015 to 2020, and requires updates to the collection programs if the goals are not achieved. The law sunsets on January 1, 2021.
Both homeowners and businesses in Illinois need to be aware of the regulations banning certain wastes from landfill disposal. It is the additional responsibility of businesses – and government agencies – to comply with the state and Federal regulations for the ‘cradle-to-grave’ management of the waste it generates on-site. Keeping certain wastes out of the landfills is only one part of a waste generator’s responsibilities.
USEPA issued a civil penalty of $142,664 and other costs to a Shell Oil Company refinery in Martinez, CA. USEPA took action against the company after its inspections identified multiple violations of the hazardous waste regulations. As part of the settlement reached the refinery must also spend $220,300 to make improvements to its facility to further reduce its potential to pollute the environment and it must provide $38,000 to the county to support its emergency response efforts.
Who:
U.S. Environmental Protection Agency (USEPA), Pacific Southwest Region (Region 9).
Shell Oil Products, a subsidiary of Shell Oil Company is the owner of a refinery in Martinez, CA. The facility processes about 165,000 barrels of crude oil per day. It also makes asphalt, diesel, jet turbine fuel, petroleum coke, propane, residential fuel oils, and sulfur.
What:
USEPA has reached a settlement with Shell Oil Products over hazardous waste and risk management plan compliance at its crude oil refinery in Martinez, CA. The settlement requires Shell Oil Products to take the following actions:
Pay a $142,664 civil penalty.
Under the terms of the settlement, Shell Oil will spend an estimated $220,300 to upgrade the area where heat exchanger equipment is cleaned to ensure that resulting hazardous materials are properly managed. Shell Oil will also develop and implement a plan for sampling stormwater to ensure the water is managed appropriately. Finally, Shell Oil will analyze materials generated from its laboratory activities to ensure that they are managed correctly.
Shell Oil has also agreed to spend about $38,000 to provide the Contra Costa Health Services Hazardous Materials Programs with equipment to stop leaks from sulfur dioxide containers, personal protective equipment, and handheld particulate meters (including backup batteries and chargers), which are used to monitor air quality.
Where:
The Shell Martinez Refinery, located on Pacheco Boulevard about 2 miles east of downtown Martinez, CA and south of the Carquinez Strait. It is located in Contra Costa County.
When:
USEPA news release is dated June 4, 2018.
USEPA inspected the refinery in November 2014, March 2015, and again in November 2016.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
Failure to immediately notify the appropriate federal, state, and local emergency planning and response agencies immediately after an accidental release in December 2013.
Failure to follow proper procedures for managing hazardous waste.
Failure to comply with Spill Prevention, Control, and Countermeasure rule requirements, such as using proper containers for fuel storage.
Failure to comply with Risk Management Plan Rule requirements, such as accurately reporting an accidental release worst-case scenario. When properly implemented, risk management plans and their associated program elements help prevent and control chemical releases at facilities that store large amounts of hazardous substances or flammable chemicals. These plans are also used by EPA and other emergency responders to assess chemical risks to nearby communities and prepare for emergency responses.
This action by USEPA and Shell Oil Products will prevent an estimated 64 tons of hazardous waste from being released to the environment every year and reduce the risk of diesel fuel spills to San Francisco Bay.
“Today’s order requires Shell Oil to make necessary enhancements to comply with federal laws and protect public health and our natural resources,” said EPA Pacific Southwest Regional Administrator Mike Stoker.
How:
California has its own authorized hazardous waste program administered by the Department of Toxic Substances Control (DTSC) within the California Environmental Protection Agency (Cal EPA). In this case, however, the USEPA was the lead agency in conducting the inspection and assessing the penalties. Though a state may have an authorized hazardous waste program, the Federal government may still exercise its authority within that state.
Conclusion:
Another example of how a big company, one with enough resources to be able to research the regulations and to comply with them, has failed to do so. Don’t let your company make the same mistakes and pay similar fines. My high quality Hazardous Waste Personnel Training, whether delivered Onsite or as a Webinar, will instruct you and your employees on what they need to know to comply with these regulations. The cost of training is cheap compared to the cost of non-compliance.
A large quantity generator of hazardous waste (LQG) is subject to the RCRA regulations of the U.S. Environmental Protection Agency (USEPA) for the cradle-to-grave management of its waste. If the generator will cease the accumulation of hazardous waste at the site then it is necessary to comply with the closure regulations of 40 CFR 262.17(a)(8). The specific generator closure provisions depend on the status of the generator and the types of accumulation units the facility used to store or treat hazardous waste. The purpose of this article is to explain the regulatory responsibility of a large quantity generator of hazardous waste for the closure of its facility under new regulations codified by the Generator Improvements Rule.
Before we begin…
Regulations already in affect prior to May 30, 2017 required an LQG to take certain actions when closing its facility. These regulations – originally found at §262.34(a)(1)(iv)(B) and now at §262.17(a)(8) – were clarified and strengthened as part of the Generator Improvements Rule. The most significant change was the inclusion of container accumulation areas with the pre-existing closure regulations.
The Generator Improvements Rule has not – as of this writing – been adopted in all states. This particular requirement of the rule must eventually be adopted by all states since it is more strict than existing regulations. However, states have until July 1 of 2019 to adopt these more strict regulations. Read: What is the status of the Generator Improvements Rule in my state?
Scope:
The requirements of §262.17(a)(8) are applicable to…
A LQG. Neither a small quantity generator (SQG) nor very small quantity generator (VSQG) of hazardous waste are subject to these regulations. The minimal closure regulations applicable to a SQG that accumulates hazardous waste in a tank are found at §262.16(b)(3)(vi). There are no closure requirements for a VSQG. A treatment, storage, and disposal facility (TSDF) has its own closure regulations found in parts 264/265 of Title 40.
The accumulation of hazardous waste. Wastes that are non-hazardous, hazardous but excluded or exempt by regulation, managed by the generator under an option other than hazardous waste (e.g. universal waste and used oil), or those regulated as a hazardous waste solely by a state are not subject to these USEPA closure regulations
The accumulation of hazardous waste in a central accumulation area (CAA), not a satellite accumulation area (SAA). §262.17(a)(8)(v) states this clearly.
The accumulation of hazardous waste in any of the four (4) hazardous waste accumulation units: containers, tanks, containment buildings, and drip pads. Note: this article will focus solely on the closure requirement for hazardous waste accumulated in containers.
The closure of an accumulation unit and/or the closure of the facility. Note: this article will address the requirements for closure of the facility. If interested in the closure requirements for an accumulation unit read: Large Quantity Generator Responsibilities for the Closure of a Hazardous Waste Container Accumulation Area.
The closure of an accumulation unit means hazardous waste accumulation will cease – even temporarily – at that location. To further clarify: closure of a hazardous waste accumulation unit could be as simple as moving a 55-gallon drum used for the accumulation of a hazardous waste from one area of the facility to another.
The closure of a facility means hazardous waste accumulation will cease at that facility.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
These standards require the minimization of the need for further maintenance of the site, and the minimization or elimination of post-closure escape of hazardous waste or constituents into the environment. These regulations also provide for the decontamination or removal of all contaminated equipment, structures, and soils.
The new closure regulations now subject LQGs accumulating hazardous waste in containers to the same closure regulations that apply to the other hazardous waste accumulation units: tanks, containment buildings, and drip pads. Read more about the four hazardous waste accumulation units.
Requirements for Closure of a Facility:
If a large quantity generator of hazardous waste intends to permanently cease the accumulation of hazardous at its site it must make specific notifications and meet certain performance standards.
Notification:
LQG must notify EPA – or its state – no later than 30 days prior to closing the facility. The notification must be made using the Federal 8700-12 Form unless your state has its own form for this purpose.
LQG must also notify EPA – or its state – within 90 days after closing the facility. The notification must be made using the Federal 8700-12 Form unless your state has its own form for this purpose. This notification must indicate whether the facility has complied with the closure performance standards (i.e. “clean close”, more on that later) or is unable to meet the closure performance standards and therefore must close under the regulations applicable to a landfill.
LQG may be granted additional time to clean close if it does the following:
Notify EPA – or state- within 75 days of the submittal of the initial notification to close the facility.
Notification must be made on EPA 8700-12 Form or the state equivalent.
Notification must include an explanation as to why the additional time is required.
Performance Standards for Clean Close:
Note: the information below is a summarized version of the regulations at §262.17(a)(8)(iii). I attempted to capture the intent of the performance standard while avoiding the excessive descriptions found in the regulations. Please read the regulations for a full description of the closure performance standards.
LQG must close each hazardous waste container accumulation area – i.e. CAA – at the facility to prevent the future release of any hazardous waste to the environment.
LQG must also remove or decontaminate all contaminated equipment, structures, soil, and any remaining hazardous waste.
Any hazardous waste generated during closure must be managed as a hazardous waste by the LQG.
Sound like a lot? Well, USEPA thinks it should be easy as long as you complied with the regulations during operations at the site (November 28, 2016 / 81 FR 85772):
Generally, if a LQG has been managing its hazardous waste in accordance with the LQG provisions including proper accumulation standards and spill clean-up, then clean closure will consist of removing the containers from the accumulation area.
The good news is that a LQG performing a clean close of its facility is not required to have a closure plan or financial assurance. (RO 14321)
And one more thing, if you are accumulating hazardous waste on a drip pad – unique to those within the wood preserving industry – there are closure performance standards specific to that accumulation unit at §262.17(a)(8)(iv).
If the LQG is unable to meet the closure performance standards (i.e. clean close) and can demonstrate that the contaminated soils and wastes cannot be practicably removed or decontaminated from any accumulation unit(s), then the waste accumulation unit(s) is considered to be a landfill and the LQG must close the waste accumulation unit(s) and perform post-closure care per the regulations applicable to a landfill at §265.310 and subparts G and H of part 265. Requirements for closure as a landfill include, but are not limited to, the following:
Installing groundwater monitoring wells upgradient and downgradient from the container area.
Installing monitoring wells for 30 years or longer during a post-closure care groundwater monitoring program.
Conclusion:
Manage hazardous waste containers like this and facility closure should be easy!
If compliance with the regulations of §262.17 – Conditions for exemption for a large quantity generator that accumulates hazardous waste has been a practice at your facility, then its closure in compliance with §262.17(a)(8) should be nothing more than submitting notifications and removing any remaining hazardous waste. If you are a LQG that doesn’t intend to close its facility, please contact me to arrange for your initial (within 90 days) and annual review of Hazardous Waste Personnel training for you and your employees.
Here’s a question I received from a distressed person with a problem back on August 2nd of 2017:
Hey Daniel,
Sorry for the unsolicited email but I’m not sure where to turn. I am cleaning out my dad’s house in <<City>> in Illinois and trying to figure out how to dispose of some normal household waste such as used oil, old gas, solvents, etc. No one can seem to tell me of a disposal site and the unspoken thread seems to be ‘don’t worry about it just drop it in the dumpster.’ Hmm, that’s not really responsible. Do you know of any collections events or sites?
I could sympathize with his distress having been in the same situation years before. I was able to reply the same day:
Thank you for contacting me. You are doing the right thing in trying to dispose of your waste properly.
I think I was able to help him where others didn’t because his reply was quick and exuberant:
Awesome! I’ll give this a shot: Household Hazardous Waste Disposal / Permanent Site / 3333 Kishwaukee / Rockford, IL
Thanks,
Conclusion:
It is unfortunate that a private citizen had so much trouble trying to do the right thing. Of course, the easiest thing to do would have been to dump the waste down the drain or set it out with the trash, but that is not what is best for the environment. You may be asking yourself, “Why isn’t this person subject to the hazardous waste regulations when a business – generating the same waste – must comply?” The answer is that at the beginning of the hazardous waste program created by RCRA the U.S. Environmental Protection Agency (USEPA) decided that its regulations would apply to businesses, government agencies, and commercial enterprises – i.e. a person – but not to a private citizen as a homeowner or other businesses similar to a residence such as a hotel. The regulations codified this decision in the Household Hazardous Waste Exclusion found at 40 CFR 261.4(b)(1).
While the caller never became a customer, they did help me by reviewing my services and posting it for all to see. You can do this too! If you like this article or I have ever been of service to you, please take just one minute to tell the world about it!
Does the “JJK” designation by law have to follow the manifest number on a hazardous waste drum label?
The questioner made some assumptions here that I must correct before I can properly answer the question.
U.S. Environmental Protection Agency (EPA) requires certain generators of hazardous waste (large quantity generator and small quantity generator but not the very small quantity generator) to complete, sign, and provide to the transporter a uniform hazardous waste manifest (the Manifest) for off-site shipments of hazardous waste. The Manifest is also required by EPA for off-site transportation of PCB waste. States with an authorized hazardous waste program may require use of the Manifest for non-hazardous waste regulated more strictly within their state.
So, “JJK” is part of the Approved Manifest Tracking Number for Manifests printed by J.J. Keller and must be pre-printed on the Manifest by the forms printer.
Pursuant to 40 CFR 262.32 (recently modified by the Generator Improvements Rule), before offering hazardous waste for transportation off site a generator must mark each container of 119 gallons or less (aka: a non-bulk packaging) with the following words and information:
“HAZARDOUS WASTE”
Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.
Generator’s Name and Address
Generator’s EPA Identification Number
Manifest Tracking Number
EPA Hazardous Waste Number(s) – A new requirement of the Generator Improvements Rule and one that may not yet have been adopted by your state.
It is the responsibility of the generator to mark a non-bulk container of hazardous waste with the words and information mandated by 40 CFR 262.32. This includes the manifest tracking number. The manifest tracking number includes three letters as a suffix to identify the registered printer of the manifest. These three letters may be “JJK” or some other combination depending on who printed the Manifest.
