The new USEPA regulations of the Generator Improvements Rule became effective on May 30, 2017 at the Federal level and in those states that lack an authorized hazardous waste program:

• Alaska
• Iowa
• The Indian Nations
• The territories Puerto Rico, American Samoa, N. Mariana and US Virgin Islands

States with an authorized hazardous waste program must adopt the more stringent requirements of the new rule on the following schedule:

• States have until July 1, 2018 to adopt more stringent requirements of the new rule.
• States have until July 1, 2019 to adopt more stringent requirements of the new rule if a change to state law is required.

Provisions of the new rule will not be effective in these states until they have adopted the new rule and have become authorized for the new provisions.

Authorized states are not required to adopt the requirements of the new rule that are less stringent or no more stringent than the current hazardous waste regulations.

Two states with an authorized hazardous waste program (New Jersey and Pennsylvania) immediately adopted the new rule when it went into effect on May 30, 2017.

More Information:

• Summary of the Generator Improvements Rule
• EPA webpage: Where is the Hazardous Waste Generator Improvements Rule in effect? 
• EPA webpage: Links to State Environmental Agencies

The Bullet:

The Palmetto Health Richland has been fined $28,000 by the South Carolina Department of Health and Environmental Control (DHEC) for mismanagement of hazardous waste.  Read the full article in The State.

Who:

• Palmetto Health Richland located in Columbia, SC
• Reference is also made to Palmetto Health Baptist – also located in Columbia, SC – though no mention is made of violations at that location.
• South Carolina Department of Health and Environmental Control (DHEC)

What:

DHEC ordered the hospital to complete the following:

• Correct the conditions subject to the violations.
• Keep proper records.
• Institute a training program.  Learn more about Hazardous Waste Personnel Training (aka RCRA Training)
• Pay the fine of $28,000.

Palmetto Health Richland’s response:

A spokeswoman for the hospital said that the violation arose when the waste disposal company that handled the medical waste at Palmetto Health Baptist and Palmetto Health Richland went out of business and was purchased by a competitor.

The new company mislabeled and handled nonhazardous medical waste as though it were hazardous, spokeswoman Tammie Epps said, resulting in a fine because of the greater amount of waste that was erroneously processed as hazardous.

Palmetto Health has since hired a new company to handle its waste.

Where:

Palmetto Health Richland is one of several locations of Palmetto Health.  It is located in Columbia, SC.

When:

The article was published 08.15.17.  No reference is made to the date of the violations or the DHEC action.

Why:

Violations of the hazardous waste regulations documented by DHEC include:

• Hazardous waste containers not kept closed except when actively adding or removing waste.  Read:  USEPA Regulations for Closed Container
• Hazardous waste containers not marked or labeled to identify it as hazardous waste and to indicate date of initial accumulation.
  • Read:  USEPA Requirements for Marking and Labeling of Hazardous Waste Container for Off-Site Transportation
  • Read:  Marking and Labeling of Hazardous Waste Accumulation Units Under the New Generator Improvements Rule
• Failure to maintain adequate aisle space to all areas of the facility to allow for unobstructed movement of personnel and equipment in an emergency.  Read:  Required Aisle Space for Emergency Preparedness
• Failure to maintain copies of Uniform Hazardous Waste Manifest for off-site shipments of hazardous waste.  Read:  Maintenance of Manifest Records by Hazardous Waste Generator

How:

DHEC is the authorized regulatory and enforcement agency for the Federal regulations of the Resource Conservation and Recovery Act (RCRA) within the state of South Carolina.  It has the authority to enforce its state-specific regulations and those of the USEPA it has adopted within the state of South Carolina.  There is no mention of the involvement of the US Environmental Protection Agency in this enforcement action.  Read:  State Authorization Under RCRA

Conclusion:

“No hazardous medical waste was placed in the environment as a result of this processing error.”

-Tammie Epps

I see two fundamental errors made by Palmetto Health that led to these violations.

The first is the over-reliance of a hazardous waste generator on a contractor for their regulatory compliance.  All hazardous waste generators should note that the company Palmetto Health Richland held responsible for the errors paid no fine.  It was not even mentioned in the publication!   They are likely working for some other hazardous waste generator right now and possibly making the same – or worse – mistakes.  Remember:  as the generator of a waste – any waste – you have a “cradle-to-grave” responsibility for its management that continues through off-site transportation and beyond its final treatment, storage, or disposal.  Read:  Hazardous Waste Generator Cradle-to-Grave Responsibility

The second error is a failure to provide hazardous waste personnel training for employees responsible for the management of waste.  A large quantity generator of hazardous waste must provide initial training to its personnel followed by an annual review.  A small quantity generator need only ensure its personnel are “thoroughly familiar” with how to manage hazardous waste and how to respond to a hazardous waste emergency (more…).  A very small quantity generator has no training requirement at all.  However, no matter a company’s hazardous waste generator status, high-quality training like mine (either Onsite or Web-Based) provides the knowledge to ensure that violations such as this don’t occur.

Keep it simple!  Contact me to provide the training you need to ensure compliance with the regulations of the USEPA and your state.

More information:

• The History of the Resource Conservation and Recovery Act (RCRA)

Question:

What is the status of the 2015 Definition of Solid Waste Rule in my state?

Answer:

• The 2015 DSW went into effect immediately (07.13.150 in states, territories, and tribes that are not RCRA-authorized:
  • Iowa
  • Alaska
  • Puerto Rico
  • Virgin Islands
  • America Samoa
  • Northern Mariana Islands

• Some parts of the rule, including the new definition of legitimate recycling found at 40 CFR 260.43, are mandatory and will eventually be adopted by all the states.
• The three new or revised solid waste exclusions that have been added to 40 CFR 261.4(a), namely the generator-controlled exclusion (40 CFR 261.4(a)(23)), the verified recycler exclusion (40 CFR 261.4(a)(24)) and the remanufacturing exclusion (40 CFR 261.4(a)(27)) are optional and may not be adopted by the states because those provisions are less stringent than the previous regulations under The Resource Conservation and Recovery Act (RCRA).
• Idaho is currently authorized for a 2008 version of the DSW rule that includes exclusions similar to the 2015 exclusions found at 40 CFR 261.4(a)(23) and (24). Because these 2008 DSW exclusions are less stringent than their 2015 counterparts, Idaho will need to revise its program to meet the 2015 standards. The 2008 DSW rule will remain in effect until the process is completed.

More Information:

• Read:  State Authorization and the 2015 Definition of Solid Waste Rule
• EPA Website:  Where is the 2015 Definition of Solid Waste Rule in Effect?

(12.12.16) From a customer who had just completed one of my RCRA Training Webinars:

Hi Daniel,

Thanks for the training today. I am working on completing the evaluation and will get that to you soon.

I have a couple of follow up questions. We are an SQG (Small Quantity Generator of hazardous waste).

• If you have a Lab-Pack with F and U codes, could you send those offsite in the same drum if they are going to be treated the same?
• Do you have any guidance on how frequently Lab-Packs should be sent out?
• Do you have any additional guidance on satellite accumulation and having it be in line of site? We have some satellite accumulation in the lab’s walk in closet in a flammable cabinet rather than out in the general work space. It is generated in the lab.

Thank you.

My reply that same day:

Thank you for contacting me. Please see below:

• EPA regulations do not address the off-site transportation of hazardous waste other than to reference USDOT regulations.  Editor’s note:  This isn’t entirely correct as the USEPA does have pre-transportation requirements for the off-site transportation of hazardous waste (read: USEPA Requirements for off-site Transportation of Hazardous Waste Containers and read how the regulations for marking hazardous waste containers have changed under the new Generator Improvements Rule.  And, of course, USEPA regulations apply to a hazardous waste from ‘cradle-to-grave’ which includes its transportation.
• USDOT regulations at 49 CFR 173.12(b)(2)(i) regarding the shipment of hazardous waste lab packs reads in part: “Each outer packaging may contain only one class of waste material.” So, the waste codes don’t matter. Nor does the ultimate treatment method. What matters is the USDOT hazard class of the hazard waste. It is quite possible that both an F-code and U-code hazardous waste are in the same USDOT hazard class, i.e. both are Class 3 Flammable Liquids and can therefore be packaged in the same container.  Other requirements for 49 CFR 173.12(b) must be met for the shipment of hazardous waste lab packs.
• I am not aware of any guidance on how frequently lab packs must be sent off-site for disposal. However, as an SQG you must not accumulate hazardous waste on-site beyond 180 days or 270 days if the TSDF you must use is >200 miles away. 30 day extensions are available in extreme circumstances. Also, you must not accumulate >6,000 kg of hazardous waste on-site at one time.
• ‘Line of sight’ is only one way to comply with the second of two requirements for a satellite accumulation container. The goal is to have the container ‘under the control of the operator’. Two acceptable methods to accomplish this are: 1. ‘Line of sight’ & 2. Container is secured in some manner where access is limited to operator(s). This second method could be accomplished by keeping it in a secure cabinet in a work area that is restricted to those who generate the waste, e.g. lab personnel. Based on your description, it sounds like your satellite accumulation container is ‘under the control of the operator’.

I hope this helps.

Please don’t hesitate to contact me with any other questions.

And that was it!

Whether you need training, a consultation, or just have a question about the management of waste or the transportation of hazardous materials, please don’t hesitate to contact me.

If you generate a hazardous waste you are subject to the hazardous waste generator regulations of the USEPA – and your state – for its cradle-to-grave management.  Your regulatory responsibilities are relative to the amount of hazardous waste you generate;  the more hazardous waste you generate, the more responsibilities you have under the regulations.  Just what are your responsibilities?  Well, there are too many of them to list here but the data below provides an indication of the relative responsibilities of a hazardous waste generator under the regulations of the Resource Conservation and Recovery Act (RCRA).

The Responsibilities of a Hazardous Waste Generator Under USEPA Regulations:

• Large Quantity Generator (LQG):  88 requirements.
• Small Quantity Generator (SQG):  74 requirements.
• Conditionally Exempt Small Quantity Generator (CESQG): 4 requirements.

From a presentation at the 2017 Environmental Trade Fair and Conference hosted by the Texas Commission on Environmental Quality (TCEQ).
Though the numbers may not be exact, or the regulations may be different in your state, or the regulations have changed by the time you read this.

Did I mention “change”?  The Generator Improvements Rule went into effect on May 30, 2017 and made significant and numerous changes to the RCRA regulations applicable to a generator of hazardous waste.  Read a summary of the new rule:  Summary of the Generator Improvements Rule.  Or better yet, contact me with any questions you may have about the regulations for a generator of hazardous waste.

The Texas Commission on Environmental Quality (TCEQ) requires Pollution Prevention plans for the following facilities in Texas:

• Large Quantity Generator of hazardous waste.
• Small Quantity Generator of hazardous waste.
• Facility that submits the Toxic Release Inventory (TRI) Form R Report.

This workshop hosted by TCEQ will provide information on programs and resources to help create, continue, and publicize a facility’s P2 and waste management efforts.

Registration:
Early Registration (through Aug. 31): $79.00
Registration (Sept. 1 – Sept.19): $159.00
Onsite Registration (Sept. 20): $179.00

Location:
J.J. Pickle Center
10100 Burnet Road, Bldg 137
Austin, TX 78758

For more information, visit the event webpage:  Pollution Prevention Waste Management Workshop

If you are a generator of hazardous you have likely heard of the new Generator Improvements Rule and may be curious about its potential impact on your responsibilities as a hazardous waste generator under the federal regulations of the U.S. Environmental Protection Agency (USEPA) and those of your state. The purpose of this article is to provide a brief summary of this new rule and to provide links to other sources of information and articles I have written containing more in-depth explanations of individual components of the new rule. Be sure to check back frequently as this information is updated. (more…)

Effective at the federal level – and in those state with an authorized hazardous waste program – on May 30, 2017, the Generator Improvements Rule has a lot of goals. Among them is this one:

Reorganize the regulations to make them more user-friendly and thus enable improved compliance by the regulated community.

The reasoning seems to be: If you make it easier to find, they will comply. If you’re familiar with the Federal hazardous waste generator regulations you might have wondered – as I have – why the provisions for a Conditionally Exempt Small Quantity Generator (CESQG) (now a Very Small Quantity Generator (VSQG) thanks to the same Generator Improvements Rule) were found way over in part 261 when the regulations applicable to a Large Quantity Generator (LQG) and Small Quantity Generator (SQG) (both kept their names) are found in part 262? Well, wonder no more! The new rule fixes that and a few others. The table below displays the provision changed, it’s position as of 05.30.17 and its current position in Title 40 of the Code of Federal Regulations.

It took USEPA a little longer, but in January of 2021 it issued a Crosswalk of Previous Regulations to Reorganized Regulations for the Generator Improvements Rule.

Though years in the making, the changes to the Federal regulations are relatively simple compared to the changes some states will have to make to their regulations in order to maintain alignment with those of the USEPA. An example shown below is California, whose California Code of Regulations – though much more strict than the Federal rule in many regards – uses the USEPA’s regulatory structure as a template for its own.

And California is not the only one! Many other states (maybe yours!) either reference the existing federal regulations changed by the new rule and/or use them as a template for their own regulations.  What will be their response?

If you have a question about the new Generator Improvements Rule and how it might impact you in your state, don’t hesitate to contact me.

Well, maybe this question is “Frequently Asked” but I found this data in a presentation created by the US Environmental Protection Agency and thought it might be of interest to all of you.  Below is tabulated according to generator type of the number of hazardous waste generators, the amount of hazardous waste they generate, and the percent of total amount of hazardous waste generated it represents.

A unique situation.  One where I assist a company provide a service to its customers who wish to purchase packaging for the transport of their waste or other hazardous materials.  I’m the guy the supplier contacts when they are unsure of the needs of their customers.  Sometimes, as in this case, I provide additional consulting services to the supplier’s customer.  It all started on December 13, 2016…

Hi Daniel

Our customer has a 55 gallon drum filled with crushed #10 paint cans. He said it is not considered hazardous, but has the same question if it were. He wants to know if there is a limit to the amount he can ship in a 55 gallon drum, other than the rating in kg listed on the drum.

The drum he is looking at is rated UN 1A2/x430/s.

I am guessing you might have more questions!

Thanks!

My reply that same day to the supplier (my customer) and the person with the question (the supplier’s customer):

If the material to be shipped is not a hazardous material (crushed paint cans with no free liquids are not a hazardous material), then none of the Hazardous Material Regulations of the USDOT apply.  This includes the need for DOT specification packaging.