A question to my website on April 29, 2016:

My question is: If your waste is considered a haz waste due to one chemical determined by the TCLP process. Do we count the weight of the chemical in the waste or the total weight of the waste that determines how much you generate. Thanks.

My reply later that same day:

If a representative sample of a waste is analyzed by TCLP and determined to have a leachable toxin above the regulatory threshold, then the entire waste from which the representative sample was derived is assigned the applicable hazardous waste code.  Therefore, the entire weight of the waste – not just the weight of the toxin in the waste – is used for the purpose of determining hazardous waste generation and the hazardous waste generator status.

A question from a past Onsite Training attendee on April 26, 2016:

Does the generator need to provide a manifest for non hazardous industrial waste? What elements are required in the manifest? Can a bill of lading be sufficient?

A good question and one I replied to that day:

Good question. The Illinois EPA requires the use of the uniform hazardous waste manifest for almost all shipments of special waste in Illinois.

Special waste includes hazardous waste, potentially infectious medical waste (PIMW), industrial process waste, and pollution control waste.

• Hazardous waste is either listed by USEPA or displays a characteristic defined by USEPA.
• See the end of this article for more information on PIMW.

A pollution control waste is generated directly or indirectly when businesses remove contaminants from air, soil, or water. Examples include baghouse dust, landfill waste, scrubber sludge, and chemical spill cleaning material.

That leaves one more type of Special Waste:

An industrial process waste is any liquid, solid, semisolid, or gaseous waste generated when manufacturing a product or performing a service. Examples include cutting oils, paint sludges, equipment cleanings, metallic dust sweepings, used solvents from parts cleaners, and off-specification, contaminated, or recalled wholesale or retail products.

The following wastes are not industrial process wastes:

• Uncontaminated packaging materials

• Uncontaminated machinery components

• General household waste

• Landscape waste

• Construction or demolition debris

So, the above are not a special waste.  What is?

If your industrial process waste or pollution control waste is any one of the following, it is a special waste:

• A liquid waste

• An asbestos waste regulated under the Clean Air Act

• A regulated polychlorinated biphenyl (PCB) waste

• A delisted hazardous waste

• A characteristic hazardous waste treated or stabilized to be nonhazardous

• A waste material generated by shredding recyclable metals

If your waste is a special waste the Illinois EPA requires the use of the Uniform Hazardous Waste Manifest for its off-site shipment.  A bill of lading will not be sufficient for a shipment of a non hazardous Industrial Waste in Illinois. With some exceptions.

Exceptions?

Any industrial process wastes and pollution control wastes that are not hazardous and not liquid may be certified as nonspecial waste in Illinois and may be disposed of with your general refuse.

Notice this option to certify as nonspecial does not apply to hazardous waste and PIMW.

If using the uniform hazardous waste manifest you must provide the information as required in each section per the federal regulations at 40 CFR 262, subpart B.

I hope this helps.

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

More information:

• Potentially Infectious Medical Waste in Illinois
• IEPA:  Do I have a Special Waste?

First contact March 15, 2016:

Daniel,

Do empty aerosol cans that are generated in an office environment have to be treated the same as if they were generated in a manufacturing environment? We generate empty aerosol cans in our manufacturing plant and treat them as hazardous waste. We accumulate them in a metal 55 gallon drum and when filled we pay someone to generate a manifest and pick them up for disposal. How are empty aerosol cans disposed of in an office building? Can they just be tossed in the trash?

I would appreciate any input on this that you can provide. We are located in St. Louis, MO.

My snap reply that same day:

Management of waste aerosol cans, and indeed all waste, is subject to the same federal and state regulations if it comes from a business.

And, a more thorough answer also on March 15th:

The question of whether or not aerosol cans are a hazardous waste is tricky.  Please note below:

• Empty Steel Aerosol Cans as a Reactive Hazardous Waste
• Manage Your Waste Steel Aerosol Cans Under the RCRA Scrap Metal Exemption
• Explanation of the Characteristic of Reactivity (D003)
• Explanation of the Characteristic of Ignitability (D001)
• Explanation of the Characteristic of Corrosivity (D002)

OK,  full disclosure:  The following list borrows heavily from The Hazardous Waste Generator’s Handbook created by the Kansas Department of Health and Environment (KDHE).  I highly recommend it to any Kansas business that requires an introduction to the state regulations for generators of hazardous waste, universal waste, and used oil.  What I have appropriated for my own use below are some very good guiding principals that can be used by any business anywhere to ensure compliance with the Federal and state – whatever state you’re in – regulations and to minimize the liability associated with generating a waste.

1. Minimize the amount of hazardous waste generated. This can be done in several ways including a formal Waste Management System or a simple review of what is used at the facility and a look at alternatives to see if less toxic substitutes can be found. Another waste minimization method is to change to different processes that utilize less product and/or produce less waste. Most waste minimization projects pay for themselves within a couple of years through reduced product purchases and reduced waste disposal costs.
2. Determine what is the primary environmental regulatory enforcement agency in your state.  The USEPA allows all states, territories, and tribes to operate their own hazardous waste program within their jurisdiction if the program meets USEPA requirements and is thereby “authorized”.  Does your state/territory/tribe have its own authorized hazardous waste program?  Or is it subject to Federal regulations?  Read this article to find out:  State Authorization Under RCRA.
3. Good housekeeping, by removing old, unused products, empty containers, old parts, etc. to create space and reduce potential regulatory issues and complaints.  Proceed carefully through any clean-up of old or unused product.  The act of “cleaning-up” could be interpreted as disposal which results in the generation of a waste.  It is quite possible that one result of your clean-up may be the generation of enough hazardous waste to change your hazardous waste generator status.
   

   Not sure of your hazardous waste generator status?  Take this short survey

4. Locate and deal with reputable transportation, treatment, and disposal firms. If a price quote is substantially less than the competition, there is probably a reason why.  It is also a good idea to conduct audits of your hazardous waste disposal sites and the transporters who deliver it.
5. Have backup transporters and disposal sites selected in case your primary providers have problems.
6. Recognize when you lack the expertise to handle a particular problem and seek help from a person with experience in hazardous waste management.  I’ll answer all of your questions for free!
   

   Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste Daniels Training Services 815.821.1550 Info@DanielsTraining.com https://dev.danielstraining.com/

7. Follow up on all hazardous waste shipments to ensure they reach their intended destination and are treated or disposed.  Remember:  depending on your hazardous waste generator status (see the survey above) you may be required to submit an Exception Report to your state or the USEPA if you do not receive a signed copy of the Uniform Hazardous Waste Manifest within a specified time-frame.
8. Do not mix hazardous wastes with nonhazardous wastes unless you are familiar with all regulations that may apply.  The resultant mixture may be a hazardous waste and may be more difficult or costly to dispose than the original waste.
9. Maintain all records regarding the hazardous waste program (test results, contingency plan, manifests, exception reports, annual reports, training documents) in one location.
10. Designate at least one employee with an appropriate background to be responsible for hazardous waste management. Give that employee the authority and resources to do the job, and then hold him or her accountable.

11. 

    Provide high-quality training for any employee whose job responsibilities require knowledge of hazardous waste regulations.  Depending on your hazardous waste generator status (see the survey above) you may be required to provide applicable employees with specific training at a regular frequency.  In many cases the training must be documented and records kept to demonstrate compliance.  Read more about USEPA training for Hazardous Waste Personnel.  Even if training isn’t required – as is the case for a Conditionally Exempt Small Quantity Generator of hazardous waste – it’s always a good idea to increase the awareness of the regulations at your facility.

12. Conduct inspections of your facility and its operations. Do so with an open mind and no preconceived notions of the way things ought to be.  Depending on your hazardous waste generator status and the requirements of your state, weekly inspections may be required of all areas where hazardous waste accumulates.

Use these guidelines to stay in compliance with both Federal and State regulations and to minimize – and perhaps eliminate – the cradle-to-grave responsibility your company has for the waste it generates.  And don’t hesitate to contact me if you have any questions about the generation or management of waste.

It’s quite simple, really.  USEPA regulations at 40 CFR 262, subpart C require the generator of a hazardous waste to prepare it for off-site transportation according to both USEPA and USDOT/PHMSA regulations.

Read all about it here:  USEPA Requirements for Packaging, Labeling, and Marking of a Hazardous Waste Container for Off-Site Transportation.

Note:  40 CFR 262, subpart C – indeed, all of part 262 – applies to large quantity generators of hazardous waste and small quantity generators of hazardous waste.  A conditionally exempt small quantity generator of hazardous waste is not subject to the part or the requirements described in this article.

Are you a CESQG?  Read:  The Requirements for a Conditionally Exempt Small Quantity Generator of Hazardous Waste

To summarize the regulations briefly, USEPA – check with your state for any additional requirements – mandates the generator of a hazardous waste to select and use the packaging (called a container in USEPA regulations) and to apply HazMat labels and markings it in accordance with the Hazardous Material Regulations of USDOT/PHMSA.  However, in §263.32(b) USEPA deviates from the HMR and requires the hazardous waste generator  to apply the following markings  – in addition to those required by USDOT/PHMSA – to a container of 119 gallons or less:

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 _____.

Note:  The Manifest Tracking Number can only be obtained from the Uniform Hazardous Waste Manifest.  It is unique to each manifest.

Read here:  Be Sure to get your Uniform Hazardous Waste Manifest from a Registered Printer

But wait!  This article is supposed to be about something done wrong.  Where’s the mistake?

Here:

So, what’s wrong with this picture?

1. The yellow label contains information that is not required on a packaging of this size (>119 gallons).  Though, admittedly, it is not a violation for it to be present.
2. The Class 9 Miscellaneous HazMat label to the right should not be displayed on a packaging of this size (18 cubic meters or more) either.  A packaging of this size should display placards on all four sides if placards are required, which they are not, since, Class 9 placards are not required to be displayed for transportation within the U.S. 
3. I doubt very much – though I can’t prove it – that the packaging contains hazardous waste at all.  I suspect this is a case of an overly cautious person who has only a tentative grasp of the regulations just trying to do their best.

Do you need to know more about the regulations of the USEPA for Hazardous Waste Personnel and those of the USDOT/PHMSA for HazMat Employees?  If so, please contact me to schedule training (either Onsite or Webinar) or just to answer any questions you may have.

A former coworker contacted me with a question on January 29, 2016:

I have a quick question for you Dan.  If a facility has 5 – 6 consumer (car type) lead-acid batteries that they want to take to a salvage yard for recycling, is there a DOT exemption or something that keeps them from being classified as a hazardous substance.  I think they need to transport with shipping papers and be properly labeled.  Let me know if you have any experience with this.

Thanks,

I had time to fire off a reply that day:

Please note below:

Note from Daniels Training Services:

My reply does not take into account the exception from regulation available to shippers of batteries found at 49 CFR 173.159(e).

Though a small part of overall fertilizer production in the U.S., the reclamation of zinc from what would otherwise be discarded as a solid waste – if done correctly – can result in a substantial benefit to the environment.  Below is a presentation (also on my SlideShare account) that describes the conditions of 40 CFR 261.4(a)(20).

[slideshare id=64011599&doc=40cfr261-160714041806]

USEPA regulations at 40 CFR 261.4(a)(20) provide for a conditional exclusion from management as a solid waste – and therefore as a hazardous waste as well – for hazardous secondary materials used to make zinc fertilizers.  You can learn more about the full conditional exclusion here:  40 CFR 261.4(a)(20)  Hazardous Secondary Materials Used to Make Zinc Fertilizers.

The conditional exclusion identifies three entities:

• Generator of the hazardous secondary material subject to the exclusion.
• Intermediate handler of the excluded hazardous secondary material (may not be necessary).
• Manufacturer of zinc fertilizer or zinc fertilizer ingredients made from the excluded hazardous secondary material.

The purpose of this article is to detail one requirement of the conditional exclusion: the requirement at 40 CFR 261.4(a)(20)(iii)(D) for manufacturers that utilize a hazardous secondary material to make zinc fertilizers to submit an annual report to the USEPA or their state environmental regulatory agency. (more…)

USEPA regulations at 40 CFR 261.4(a)(20) provide for a conditional exclusion from management as a solid waste – and therefore as a hazardous waste – for zinc-bearing hazardous secondary materials used to make zinc fertilizers.  You can learn more about the full conditional exclusion here:  40 CFR 261.4(a)(20)  Hazardous Secondary Materials Used to Make Zinc Fertilizers.

The conditional exclusion identifies three entities:

• Generator of the hazardous secondary material subject to the exclusion.
• Intermediate handler of the excluded hazardous secondary material (may not be necessary).
• Manufacturer of zinc fertilizer or zinc fertilizer ingredients made from the excluded hazardous secondary material.

The purpose of this article is to detail one requirement of the conditional exclusion: the requirement at 40 CFR 261.4(a)(20)(iii)(C) for manufacturers of zinc fertilizers to maintain at their facility records of all shipments received of the excluded hazardous secondary materials. (more…)

The conditional exclusions at 40 CFR 261.4(a) exclude from regulation as a solid waste – and as a hazardous waste – certain materials as long as the conditions of the exclusion are complied with.  A conditional exclusion at 40 CFR 261.4(a)(20) applies to zinc-bearing hazardous secondary materials that are made into zinc fertilizers.  You can learn more about the full conditional exclusion here:  40 CFR 261.4(a)(20)  Hazardous Secondary Materials Used to Make Zinc Fertilizers.

The conditional exclusion identifies three entities:

• Generator of the hazardous secondary material subject to the exclusion.
• Intermediate handler of the excluded hazardous secondary material (may not be necessary).
• Manufacturer of zinc fertilizer or zinc fertilizer ingredients made from the excluded hazardous secondary material.

The purpose of this article is to describe the requirements at 40 CFR 261.4(a)(20)(iii)(B) for a manufacturer of a zinc fertilizer subject to this exclusion to submit a one-time notice to the USEPA or their state environmental agency. (more…)