What is the 2015 Definition of Solid Waste Rule?

The 2015 Definition of Solid Waste Rule (2015 DSW) is a revision to the 2008 Definition of Solid Waste Rule.  Its purpose is to improve the 2008 DSW Rule by encouraging recycling and increasing environmental safeguards.

What does the 2015 DSW do?

The 2015 DSW maintains and improves two solid waste recycling exclusions from the 2008 DSW:

• The Generator-Controlled Exclusion at 40 CFR 261.4(a)(23):  Retained and revised to strengthen its requirements.  Also…
  • Certifications Required by the Generator-Controlled Exclusion.
  • Recordkeeping Requirements of the Generator-Controlled Exclusion.

• The Transfer-Based Exclusion at 40 CFR 261.4(a)(24):  Revised to where it is now the Verified Recycler Exclusion at 40 CFR 261.4(a)(24) (still).
  • Procedure and Criteria to Obtain a Variance to Become a Verified Recycler Under 40 CFR 261.4(a)(24).
  • The Recordkeeping Requirements of 40 CFR 261.4(a)(24) – Verified Recycler Conditional Exclusion.

The 2015 DSW also:

• Adds a new exclusion:  The Remanufacturing Exclusion for Spent Solvents at 40 CFR 261.4(a)(27).  Also…
  • Requirements for the Remanufacturing Plan.
• Revises the legitimacy criteria for solid waste recycling exclusions at 40 CFR 260.43 and then expands its application to all recycling exclusion and exemptions.
• Codifies the sham recycling prohibition at 40 CFR 261.2(g).  This is also explained in my article on the Legitimacy Criteria.
• Creates and codifies a new regulatory definition of “contained” at 40 CFR 260.10 applicable to hazardous secondary materials during storage.
• Creates a new notification requirement for recyclers of hazardous secondary materials utilizing an exclusion, variance, or non-waste determination under the 2015 DSW.
• Adds emergency preparedness and response requirements at 40 CFR 261, Subpart M for generators using the Generator-Controlled Exclusion or the Transfer-Based Exclusion.
• Amends the speculative accumulation provision at 40 CFR 261.1(c)(8) to add a recordkeeping requirement for all persons subject to speculative accumulation.
• Revises existing variances and non-waste determinations at 40 CFR 260.30, 260.31, 260.33, and 260.34.

What are the important dates related to the 2015 DSW?

• Signed:  December 10, 2014.
• Published in Federal Register:  January 13, 2015.
• Effective at the Federal level and in states lacking an authorized hazardous waste program (Iowa and Alaska.  Also:  Puerto Rico, Virgin Islands, American Samoa, Marianna Islands, and some tribal lands):  July 13, 2015.
• Effective in states with an authorized hazardous waste program when the state decides to modify its current program it adopted from the 2008 DSW or adopt the new 2015 DSW.

In general, the requirements of the 2015 DSW will not be effective in an authorized state until it chooses to adopt them.  States are required to adopt the provisions of the 2015 DSW that are more strict than current regulations, these include:

• The prohibition of sham recycling.
• The definition of the legitimacy criteria.
• The addition of accumulation date tracking for speculative accumulation.
• Changes to the solid waste variance and non-waste determination.

Read:  State Authorization Under RCRA and the 2015 Definition of Solid Waste Rule

This has been great, but where can I go for more information?

DSW Team Members:

• Tracy Atagi / atagi.tracy@epa.gov / 703.308.8672
• Amanda Kohler / kohler.amanda@epa.gov / 703.347.8975
• Kathy Lett / lett.kathy@epa.gov / 703.605.0761
• Mary Beth Sheridan / sheridan.marybeth@epa.gov / 703.308.4941

And…

EPA Website: Final Rule 2015 Definition of Solid Waste

The USEPA anticipates that over 5,000 industrial facilities in 634 industries throughout the U.S. have the potential to be affected by the 2015 DSW Final Rule.  Are you one of them?  Contact me if you have any questions about any provision of the 2015 DSW or the management of hazardous waste.

Like most states, California is authorized to manage its own hazardous waste program.  And like a lot of other states, California’s hazardous waste program – administered by the Department of Toxic Substances Control (DTSC) within the California EPA (Cal EPA) – is more strict in its regulation of, and more broad in its definition of, a hazardous waste.  But this is California, so being just a little more broad and a little more strict is not enough; they have to set the bar high.  In brief summation, the DTSC hazardous waste regulations differ from those of the USEPA and most other states by being…

…more broad in their definition of a hazardous waste.  To the point of regulating the following as a hazardous waste:

• Friable asbestos containing material of ≥1% asbestos.
• Used oil
• Some anti-freeze
• Corrosive solids
• Nickel, copper, & cobalt containing wastes (among others)

And…

…more strict regulations for the cradle-to-grave management of this expanded class of hazardous waste, including:

• No recognition of the Conditionally Exempt Small Quantity Generator status.
• “California Empty” (aka: Drip Dry) as an alternative to USEPA’s “RCRA Empty”.
• One year of on-site accumulation for hazardous waste in a satellite accumulation area v. unlimited time for on-site accumulation in an SAA per the USEPA regulations.
• Increased marking requirements for hazardous waste containers during on-site accumulation.

It is this last point that is the subject of this article:  The requirements of the DTSC for the marking of a hazardous waste container used for on-site accumulation of a hazardous waste. (more…)

The Bullet:

The Oregon DEQ fined Agilyx Corporation $45,600 for multiple and repeated violations of the state’s hazardous waste regulations.  The facility was developing a production process that converts plastic to crude oil under contract with Waste Management.  Read the Oregon DEQ press release:  Oregon DEQ Fines Agilyx Corporation $45,600 for Hazardous Waste Violations

Who:

Oregon Department of Environmental Quality
811 SW Sixth Avenue, Portland, OR 97204 | Tel/503-229-5696

• Steve Siegel, Environmental Law Specialist, Portland, 503-229-5395
• Jay Collins, Hazardous Waste Program, Portland, 503-229-5008

Agilyx Corporation at 701 N. Hunt St., in Portland. It operates under contract a with Waste Management.

What:

Violations include:

• Failure to properly label containers containing hazardous waste.
• Failure to mark the containers with accumulation start dates.
• Storing hazardous waste for more than 90 days without a permit.
• Storing hazardous waste in containers that were not kept closed except when actively adding or removing hazardous waste.
• Failure to maintain a current contingency plan.

DEQ also cited the company, without penalty for:

• Failing to leave adequate aisle space between containers
• Failing to store universal waste in closed containers.

When:

• Initial inspection by Oregon DEQ conducted on September 2, 2014.
• Notice of Civil Penalty Assessment and Order from Oregon DEQ to Agilyx Corporation:  March 9, 2015
• Pres Release Date: March 16, 2015.
• Agilyx has until April 2, 2015 to appeal the penalty.

Where:

• Oregon Department of Environmental Quality 811 SW Sixth Avenue, Portland, OR 97204 | Tel/503-229-5696
• Agilyx Corporation at 701 N. Hunt St., in Portland, OR 97217

Why:

Oregon DEQ issued this penalty because improper management of hazardous waste threatens public health and the environment.  Failure to comply with hazardous waste regulations increases the risk that the public or the environment could be harmed by mismanagement of hazardous waste. DEQ is particularly concerned because it identified similar violations during a 2011 environmental audit and during a 2013 inspection of another Agilyx facility in Tigard, OR.

How:

The Oregon DEQ is the enforcement agency for environmental regulations in the state of Oregon – one part of those environmental regulations are the hazardous waste regulations.  Oregon DEQ is authorized under the Resource Conservation and Recovery Act (RCRA) to manage the hazardous waste program in Oregon as long as its state regulations are at least as strict and as broad as those of the USEPA.  This give Oregon DEQ the ability to conduct inspections of regulated facilities within its jurisdiction and to issue fines for violations of its state regulations.

Conclusion:

It appears that Agilyx is a company that is trying to do the right thing:  After all, who can argue with turning waste plastic into high grade crude oil?  But it appears from  this press release that they became lax on complying with the state hazardous waste regulations.

All of the violations Agilyx was cited for are addressed in my Hazardous Waste Personnel (RCRA) Training.  Whether it’s my Training Seminar, Webinars, or Onsite Training, attendees learn what the regulations are that apply to them and what they can do to maintain compliance.  My Onsite Training has the added benefit of offering an informal consultation and walk-through of your facility included with the price of the training.  I’m fairly confident I would have discovered most of these violations during my time on-site and brought them to the attention of the facility’s EHS Coordinator.

Good RCRA Training – my training – can prevent violations like these and at a fraction of the cost.

For a business in Michigan what better way is there to learn the correct method of regulatory compliance than to get it right from the Michigan Department of Environmental Quality (MDEQ)? And here are a few more chances to do just that!
MDEQ has two upcoming dates to attend live webinars on the management of hazardous waste in the Wolverine State.

Accumulation, Storage, and Labeling Requirements

March 11
10:00 – 11:00 AM
This second webinar in the series will provide an overview of the requirements associated with onsite hazardous waste management, including: accumulation limits and timelines, storage requirements for hazardous waste in designated storage areas and satellite containers, container labeling requirements, closed container requirements, and Subpart CC requirements.

Generator Record keeping and Inspections

March 19
10:00 – 11:00 AM
This third webinar of the series provides an overview of the records that a hazardous waste generator is required to maintain, including waste characterizations, monthly waste inventory, uniform manifests, and land disposal restriction notifications. The webinar will also provide an overview of what to expect during a DEQ hazardous waste inspection.

This is good stuff and I highly recommend you take advantage of it. Afterwards, if you realize you or your employees require the Hazardous Waste Personnel training required by RCRA I recommend you attend my Training Seminar in Detroit, MI on April 23, 2015 where you’ll fulfill the training requirements of the USEPA, MDEQ, and USDOT all in one day!

Questions about registering for the MDEQ webinars:

Alana Berthold
bertholda@michigan.gov
517-284-6854

Or, Register for the MDEQ webinars

ADEQ’s free hazardous waste workshops will consist of two presentations. Session 1 is, “An Overview of Hazardous Waste Management,” which will provide an overview of the Resource Conservation and Recovery Act (RCRA) and Arizona’s hazardous waste regulations. This presentation is intended for those that are new to hazardous waste management, new to Arizona, or anyone interested in a refresher of the regulations.

Session 2 is the, “Achieving RCRA Compliance” presentation which will provide a more in-depth discussion of topics including waste determination, treatment, storage and disposal (TSD), waste handling and management, emergency prevention and preparedness and contingency plans. This presentation is intended for those with basic RCRA knowledge who are looking to understand the regulations in more detail.

Workshops will also include presentations from the Pollution Prevention Program (Phoenix sessions only), and on how to correctly fill out and submit manifests (Phoenix and Tucson sessions).

2015 Workshops
April 7 State of Arizona Regional Office Complex (Tucson) Click for Registration
April 14 Arizona Department of Environmental Quality Click for Registration
April 29 Arizona Department of Environmental Quality Click for Registration

If you can’t make these workshops but are still interested in the Arizona hazardous waste regulations, please contact me.  I’m happy to answer any questions you may have.

On its website the US Government Printing Office makes a wealth of Federal publications available for review and download; one of these is the Federal Register.

Published by the Office of the Federal Register, National Archives and Records Administration (NARA), the Federal Register is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.

See below for a brief summary of announcements in the Federal Register by the US EPA on the subject of Hazardous Waste and the Pipeline & Hazardous Materials Safety Administration (PHMSA), Federal Railroad Administration (FRA), and the Federal Aviation Administration (FAA) of the US DOT on the subject of Transportation of Hazardous Materials.

The Federal Register is a great way to look down the road and see potential changes to the regulations long before they are put into effect (sometimes The Rulemaking Process takes years before a final rule is issued, if ever).  Knowledge of these potential changes provides you with several advantages:

• Additional time to modify your business operations to comply.
• Awareness of on what topics the regulatory agencies intend to focus their efforts.
• The ability to register your concerns, complaints, suggestions, etc. in order to modify the proposed rule before a final rule is issued.  It can be done, really!
• Make changes to your training program to account for changes that become effective before the next training cycle.
• Alert you to the need to re-train your employees prior to their next scheduled training cycle, if necessary.
• Keep you abreast of changes to the regulations that affect your business and/or your industry group.

Please note that this is my best effort to identify the relevant announcements in the Federal Register that may be of interest to generators of hazardous waste and shippers of hazardous materials.  I encourage you to review the list of Federal Register publications yourself to ensure regulatory compliance.

 February 1, 2015 through February 28, 2015

USEPA – US Environmental Protection Agency:

Publications not related to the management of hazardous waste, solid waste, universal waste, or used oil are not included here.

Rules and Regulations:

Approval of Other Solid Waste Incineration Units State Plan for Designated Facilities and Pollutants: Indiana Pages 10357 – 10359 [FR DOC # 2015-03792] PDF | Text | More

Proposed Rules:

Approval of Other Solid Waste Incinerator Units State Plan for Designated Facilities and Pollutants: Indiana Pages 10441 – 10442 [FR DOC # 2015-03790] PDF | Text | More

Notices:

Agency Information Collection Activities; Proposed Collection; Comment Request; Requirements for Generators, Transporters, and Waste Management Facilities Under the RCRA Hazardous Waste Manifest System Pages 8306 – 8307 [FR DOC # 2015-03153] PDF | Text | More

The Hazardous Waste Electronic Manifest System Advisory Board: Request for Nominations Pages 8643 – 8645 [FR DOC # 2015-03300] PDF | Text | More

Underground Injection Control Program; Hazardous Waste Injection Restrictions; Petition for Exemption Reissuance-Class I Hazardous Waste Injection; Lucite International, Inc. Beaumont Site, Nederland, TX Pages 9267 – 9267 [FR DOC # 2015-03463] PDF | Text | More

FAA – Federal Aviation Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

FMCSA – Federal Motor Carrier Safety Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

Minimum Training Requirements for Entry-Level Drivers of Commercial Motor Vehicles: Negotiated Rulemaking Committee Membership and First Meeting Pages 7814 – 7815 [FR DOC # 2015-02967] PDF | Text | More

Notices:

None

FRA – Federal Railroad Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

PHMSA – Pipeline and Hazardous Materials Safety Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

Hazardous Materials: Transportation of Lithium Batteries Pages 9217 – 9218 [FR DOC # 2015-03500] PDF | Text | More

Proposed Rules:

None

Notices:

International Standards on the Transport of Radioactive Material Pages 6567 – 6568 [FR DOC # 2015-02222] PDF | Text | More

Hazardous Materials: Information Collection Activities Pages 8133 – 8135 [FR DOC # 2015-03049] PDF | Text | More

Actions on Special Permit Applications Pages 9307 – 9308 [FR DOC # 2015-02984] PDF | Text | More

Notice of Application for Special Permits Pages 9308 – 9310 [FR DOC # 2015-02977] PDF | Text | More

Research and Development Program Forum Pages 9306 – 9307 [FR DOC # 2015-03488] PDF | Text | More

Information can be helpful but it’s useless if you are not able to make sense of it.  You must be able to determine how any changes to the rules and regulations (final or proposed) will affect your operations, and communicate the necessary information to your personnel.  I can help you to do that.

Please contact me for a free training consultation to determine your regulatory requirements and how training can help you to attain and maintain compliance with the regulations of the US Environmental Protection Agency (and your state) and the PHMSA, FAA, FRA, & FMCSA of the US Department Of Transportation.

On its website the US Government Printing Office makes a wealth of Federal publications available for review and download; one of these is the Federal Register.

Published by the Office of the Federal Register, National Archives and Records Administration (NARA), the Federal Register is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.

See below for a brief summary of announcements in the Federal Register by the US EPA on the subject of Hazardous Waste and the Pipeline & Hazardous Materials Safety Administration (PHMSA), Federal Railroad Administration (FRA), and the Federal Aviation Administration (FAA) of the US DOT on the subject of Transportation of Hazardous Materials.

The Federal Register is a great way to look down the road and see potential changes to the regulations long before they are put into effect (sometimes The Rulemaking Process takes years before a final rule is issued, if ever).  Knowledge of these potential changes provides you with several advantages:

• Additional time to modify your business operations to comply.
• Awareness of on what topics the regulatory agencies intend to focus their efforts.
• The ability to register your concerns, complaints, suggestions, etc. in order to modify the proposed rule before a final rule is issued.  It can be done, really!
• Make changes to your training program to account for changes that become effective before the next training cycle.
• Alert you to the need to re-train your employees prior to their next scheduled training cycle, if necessary.
• Keep you abreast of changes to the regulations that affect your business and/or your industry group.

Please note that this is my best effort to identify the relevant announcements in the Federal Register that may be of interest to generators of hazardous waste and shippers of hazardous materials.  I encourage you to review the list of Federal Register publications yourself to ensure regulatory compliance.

January 1, 2015 through January 31, 2015

USEPA – US Environmental Protection Agency:

Publications not related to the management of hazardous waste, solid waste, universal waste, or used oil are not included here.

Rules and Regulations:

Definition of Solid Waste Pages 1693 – 1814 [FR DOC # 2014-30382] PDF | Text | More

Georgia: Final Authorization of State Hazardous Waste Management Program Revisions Pages 3888 – 3891 [FR DOC # 2015-01040] PDF | Text | More

Proposed Rules:

Lead-Based Paint Programs; Amendment to Jurisdiction-Specific Certification and Accreditation Requirements and Renovator Refresher Training Requirements Pages 1873 – 1880 [FR DOC # 2015-00473] PDF | Text | More

Is the waste generated during lead-based paint removal from a home a hazardous waste? Find out here:  The Household Hazardous Waste Exclusion

Georgia: Final Authorization of State Hazardous Waste Management Program Revisions Pages 3936 – 3936 [FR DOC # 2015-01039] PDF | Text | More

Notices:

None

FAA – Federal Aviation Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

FMCSA – Federal Motor Carrier Safety Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

None

FRA – Federal Railroad Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

None

Proposed Rules:

None

Notices:

Petition for Waiver of Compliance Pages 1469 – 1470 [FR DOC # 2015-00114] PDF | Text | More

PHMSA – Pipeline and Hazardous Materials Safety Administration:

Publications not related to the transportation of hazardous materials are not included here.

Rules and Regulations:

Hazardous Materials: Harmonization With International Standards (RRR) Pages 1075 – 1169 [FR DOC # 2014-30462] PDF | Text | More

Proposed Rules:

Hazardous Materials: Miscellaneous Amendments (RRR) Pages 3787 – 3838 [FR DOC # 2015-00265] PDF | Text | More

Hazardous Materials: Adoption of Special Permits (MAP-21) (RRR) Pages 5339 – 5449 [FR DOC # 2015-01263] PDF | Text | More

Notices:

Delayed Applications Pages 105 – 106 [FR DOC # 2014-30557] PDF | Text | More

Notice of Application for Special Permits Pages 104 – 105 [FR DOC # 2014-30538] PDF | Text | More

Notice of Application for Modification of Special Permit Pages 275 – 276 [FR DOC # 2014-30550] PDF | Text | More

Actions on Special Permit Applications Pages 920 – 921 [FR DOC # 2014-30546] PDF | Text | More

Delayed Applications Pages 2777 – 2778 [FR DOC # 2015-00707]                PDF | Text | More

Notice of Application for Special Permits Pages 2778 – 2779 [FR DOC # 2015-00706] PDF | Text | More

Notice of Application for Modification of Special Permit Pages 3012 – 3013 [FR DOC # 2015-00705] PDF | Text | More

Actions on Special Permit Applications Pages 3311 – 3312 [FR DOC # 2015-00678] PDF | Text | More

Information can be helpful but it’s useless if you are not able to make sense of it.  You must be able to determine how any changes to the rules and regulations (final or proposed) will affect your operations, and communicate the necessary information to your personnel.  I can help you to do that.

Please contact me for a free training consultation to determine your regulatory requirements and how training can help you to attain and maintain compliance with the regulations of the US Environmental Protection Agency (and your state) and the PHMSA, FAA, FRA, & FMCSA of the US Department Of Transportation.

The New York State Department of Environmental Conservation (DEC) is providing a Draft for Public Consideration of revised Hazardous Waste Management Regulations for comment by stakeholders.

This rulemaking by DEC will incorporate new Federal rules of the USEPA and changes initiated by New York that affect the hazardous waste regulations in the state.  It will also clarify language and correct errors throughout the state regulations.  A draft of the amendments is being made available on the DEC website.  Stakeholders are to review a draft of the amendments available on the DEC website and provide comment before the draft regulations are formally proposed in 2015.

Thirty-seven (37) Federal rules are proposed to be included in this rule making. These rules were adopted by the USEPA from January 2002 through April 2012. The June 26, 2014 Cathode Ray Tube Export rule is also included in this rule making:  A list of the 37 Federal rules with a brief description.

As a state with an authorized hazardous waste program, New York regulations must be as strict and as broad as those of the USEPA.  The NY DEC may choose not to adopt Federal regulations if their own are more strict.

The proposed amendments to the New York hazardous waste program includes major changes to the Federal Rule adopted by the USEPA since 2012.  In this “initial public outreach,” DEC is seeking comments on the proposal to adopt the following EPA rules:

• Solvent Contaminated Wipes Rule – EPA’s July 31, 2013 rule revises the definition of solid waste to conditionally exclude solvent-contaminated wipes that are cleaned and reused and revises the definition of hazardous waste to conditionally exclude solvent-contaminated wipes that are disposed.
• Carbon Dioxide Sequestration Rule – EPA’s January 3, 2014 Carbon Dioxide Sequestration Rule provides a conditional exclusion for carbon dioxide (CO2) streams in geological sequestration activities. This rule would conditionally exclude CO2 streams that are hazardous waste from the definition of hazardous waste, if they are captured from emission sources and are injected into Class VI Underground Injection Control wells for geological sequestration, provided that certain requirements are met.
• Hazardous Waste Electronic Manifest (e-Manifest) Rule – EPA’s e-Manifest Rule provides the legal and policy framework to authorize the use of electronic manifests. The e-Manifest system will go into effect through out the United States at the same time, whether or not authorized states have amended their regulations.
• EPA’s 2008 Definition of Solid Waste Rule – As amended in January 2015 redefines “hazardous secondary materials.” It streamlines regulation of hazardous secondary material to encourage beneficial recycling and help conserve resources. By removing unnecessary regulatory controls, it is expected to make it easier and more cost-effective to safely recycle hazardous secondary materials. EPA published substantial revisions to this rule on January 13, 2015. As amended, the rule provides greater safeguards from mismanagement. Certain parts of the 2015 Final Rule are more stringent than current DEC regulations. DEC must adopt these provisions, which include a revised definition of “legitimate recycling,” a prohibition on sham recycling, and new recordkeeping requirements related to speculative accumulation provisions.
• Amendments to DEC’s Used Oil Management Regulations (6 NYCRR Subpart 374-2). DEC is considering whether or not to continue to require Petroleum Bulk Storage (PBS) registration for certain small used oil tanks for which PBS registration is not otherwise required; whether to amend the used oil collection center requirements to allow entities collecting used oil in small volumes to obtain a Part 360 registration and more closely follow EPA requirements in lieu of obtaining a Part 360 permit; and whether to replace the current vehicle-to-vehicle exemption and 10-day exemption with a Part 360 registration requirement. Changes in time requirements for record retentions to more closely follow EPA requirements are also being considered.

The draft express terms; lists of federal and state changes; information on an upcoming webinar and public meeting; and how to submit comments are available on DEC’s website:  Hazardous Waste Management, Draft Regulations for Consideration.

Interested in the regulations of the USEPA, NYDEC, and the USDOT for the management of hazardous waste and/or hazardous materials in transportation?  Do you need the training that is required for personnel who work with hazardous waste or hazardous materials in transportation?

• Learn more about Webinar Training.
• Learn more about a Training Seminar in Rochester, NY on April 9, 2015.
• Contact me to schedule Onsite Training.

USEPA regulations at 40 CFR 265, Subpart D require a large quantity generator of hazardous waste to have a Contingency Plan and to implement emergency procedures to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water.  40 CFR 265.56(d) mandates that a facility’s emergency coordinator notify both State and Federal authorities if he determines that the facility has had a release, fire, or explosion which could threaten human health, or the environment, outside the facility.  The purpose of this article is to provide some examples of scenarios that demonstrate the potential to threaten human health and the environment. (more…)

On February 2, 2015 an EHS Professional who had attended one of my Training Seminars contacted me with a question:

Dan, I attended your HazMat Employee & Hazardous Waste Training class last <<MONTH>> in <<CITY, STATE>>. I am hoping that you could help me out by advising me what to do with a 4 oz bottle of lacto phenol cotton blue stain that we just discovered hidden in a drawer in our laboratory.

According to SDS, it is approx. 80% phenol which is hazardous.
My question to you is how would you recommend handling this? I know we are allowed to keep small amounts on site. Would you safely package it up and store on site or would you go ahead and pay the cost of disposing it immediately?
Last year we went through the lab to clean out expired chemicals and did hire a company to dispose of all hazardous material but missed this bottle of stain.

I would greatly appreciate your advice.

My response on February 9, 2014:

I apologize for my delay in responding. I’ve been super busy the past few weeks.

To answer your question you have a few options, I have outlined some of them below along with some suggestions.

• I would not be in any rush to call it a waste – and therefore a hazardous waste – too quickly. As the generator you have some discretion in deciding when it is a waste (i.e. when it is discarded) as long as it does not appear to be abandoned. As such, you could continue to keep it on the lab shelf with some plans in the near future to use it.
• Is it possible to use it? If you can find some way to use it as a product in a legitimate manner, then it would not be discarded and would not be a waste. Perhaps your lab personnel could use it in some form of experiment that consumes the material leaving nothing but a RCRA Empty container which can then go in the trash.
• If it becomes a waste, as the generator you have the option to treat a waste to make it non-hazardous. This can be done if the waste is hazardous due to a characteristic (D001, D002, D003, or D004-D043) but not if it is a listed hazardous waste (F-codes, K-codes, P-codes, U-codes). It sounds like what you have is a characteristic hazardous waste (D001 for Ignitability). You could therefore, mix it with a large amount of non-ignitable waste and make it non-hazardous. Or you could solidify it with absorbants and dispose of it as a non-hazardous waste.
• If you are a CESQG and it is not a listed hazardous waste (see above) you could add it to your Used Oil and still manage it as a Used Oil.

In sum, you have a lot of options for the management of this material that does not require off-site transportation as a hazardous waste. Though of course that remains an option.

I hope this helps. Please don’t hesitate to contact me with any other questions.

Dan

EHS Professional replied:

Excellent information!  Thank you very much!