RCRA Hazardous Waste Regulations

The Requirements of 40 CFR 262.16(b)(8)(v) Required Aisle Space for Preparedness, Prevention, and Emergency Procedures at Small Quantity Generator of Hazardous Waste

The Requirements of 40 CFR 262.16(b)(8)(v) Required Aisle Space for Preparedness, Prevention, and Emergency Procedures at Small Quantity Generator of Hazardous Waste

Federal regulations of the U.S. Environmental Protection Agency (USEPA) mandate a small quantity generator of hazardous waste (SQG) take certain precautions to prepare for and prevent hazardous waste emergencies and to follow emergency procedures if one were to occur. These regulations are found within the SQG conditions of exemption at 40 CFR 262.16:

  • 40 CFR 262.16(b)(8) Preparedness and prevention
  • 40 CFR 262.16(b)(9) Emergency procedures

This article is the fifth in a series that closely examines these regulations and attempts to make them understandable.

The previous article in this series addressed 40 CFR 262.16(b)(8)(iv) Access to Communications or Alarm Systems

The purpose of this article is to address the requirements of 40 CFR 262.16(b)(8)(v) Required aisle space. (more…)
The Requirements of 40 CFR 262.16(b)(8)(iv) Access to Communications or Alarm Systems for Preparedness, Prevention, and Emergency Procedures at Small Quantity Generator of Hazardous Waste

The Requirements of 40 CFR 262.16(b)(8)(iv) Access to Communications or Alarm Systems for Preparedness, Prevention, and Emergency Procedures at Small Quantity Generator of Hazardous Waste

Federal regulations of the U.S. Environmental Protection Agency (USEPA) mandate a small quantity generator of hazardous waste (SQG) take certain precautions to prepare for and prevent hazardous waste emergencies and to follow emergency procedures if one were to occur. These regulations are found within the SQG conditions of exemption at 40 CFR 262.16:

  • 40 CFR 262.16(b)(8) Preparedness and prevention
  • 40 CFR 262.16(b)(9) Emergency procedures

This article is the fourth in a series that closely examines these regulations and attempts to make them understandable.

The previous article in this series addressed 40 CFR 262.16(b)(8)(iii) Testing and maintenance of equipment

The purpose of this article is to address the requirements of 40 CFR 262.16(b)(8)(iv) Access to communications or alarm systems. (more…)
The Requirements of 40 CFR 262.16(b)(8)(iii) Testing and Maintenance of Equipment for Preparedness, Prevention, and Emergency Procedures at Small Quantity Generator of Hazardous Waste

The Requirements of 40 CFR 262.16(b)(8)(iii) Testing and Maintenance of Equipment for Preparedness, Prevention, and Emergency Procedures at Small Quantity Generator of Hazardous Waste

Federal regulations of the U.S. Environmental Protection Agency (USEPA) mandate a small quantity generator of hazardous waste (SQG) take certain precautions to prepare for and prevent hazardous waste emergencies and to follow emergency procedures if one were to occur. These regulations are found within the SQG conditions of exemption at 40 CFR 262.16:

  • 40 CFR 262.16(b)(8) Preparedness and prevention
  • 40 CFR 262.16(b)(9) Emergency procedures

This article is the third in a series that closely examines these regulations and attempts to make them understandable.

The previous article in this series addressed 40 CFR 262.16(b)(8)(ii) Required equipment

The purpose of this article is to address the requirements of 40 CFR 262.16(b)(8)(iii) Testing and maintenance of equipment. (more…)
The Requirements of 40 CFR 262.16(b)(8)(ii) Required Equipment for Preparedness, Prevention, and Emergency Procedures at Small Quantity Generator of Hazardous Waste

The Requirements of 40 CFR 262.16(b)(8)(ii) Required Equipment for Preparedness, Prevention, and Emergency Procedures at Small Quantity Generator of Hazardous Waste

Federal regulations of the U.S. Environmental Protection Agency (USEPA) mandate a small quantity generator of hazardous waste (SQG) take certain precautions to prepare for and prevent hazardous waste emergencies and to follow emergency procedures if one were to occur. These regulations are found within the SQG conditions of exemption at 40 CFR 262.16:

  • 40 CFR 262.16(b)(8) Preparedness and prevention
  • 40 CFR 262.16(b)(9) Emergency procedures

This article is the second in a series that closely examines these regulations and attempts to make them understandable.

The previous article in this series addressed 40 CFR 262.16(b)(8)(i) Maintenance and operation of facility.

The purpose of this article is to address the requirements of 40 CFR 262.16(b)(8)(ii) Required equipment. (more…)
Q&A: Can my customer return empty HazMat packagings to me for reuse?

Q&A: Can my customer return empty HazMat packagings to me for reuse?

eMail of May 13, 2020:

As discussed on the phone this afternoon, <<Company>> is a specialty chemical company supplying a wide range of Industrial Chemicals, some of which are considered hazardous (most because they contain either caustic or acidic components for cleaning or pretreatment). We have a customer that wants to return the empty drums so we can refill them with the same product as a cost savings for both our customer and us. My question is what does the customer need to do prior to shipping them back to us via common carrier. In our phone conversation you mentioned that the drums needed to be “RICRA Empty” less than an inch remaining in the drum and they did not need to be triple rinsed and they could leave the original labels on the drum. Let me know what else needs to be done in order for the customer to return these drums and what paper work is needed in order to return the drums.

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
My reply May 14, 2020:

Thank you for contacting me. I apologize for not getting this to you last night. Please see below for answers to your questions.

USEPA Regulations:

  • The first responsibility of your customer(s) is to ensure the drums are RCRA Empty as that term is regulated by USEPA. This ensures the drums and any remaining residue are not subject to USEPA regulations (and most states) as a hazardous waste. In brief, RCRA Empty requires both of the following:
    • Get all HazMat out that can be gotten out using common practices (e.g., gravity flow when tipped, pump, etc.).
    • No more than 2.5 cm (1″) of residue remains on the bottom of the packaging. (Customer should get more out if they can).
  • This is important to you. If you receive and process drums that are not RCRA Empty you could be fined for unpermitted processing of a hazardous waste.
  • Triple rinse is not required to get a drum RCRA empty.Empty drums stored outdoors
  • Some states (California) have a more strict requirement for a drum to be considered empty.
  • Once RCRA Empty the drums should be closed tightly and stored in an area where they will not contribute to storm water pollution. (Try to keep them indoors if possible, no residue on outside).

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

USDOT/PHMSA Regulations:

  • When offered for transportation, your customer will be subject to USDOT/PHMSA regulation as a shipper of a hazardous material. You will be subject to regulation as the carrier.
  • If customer is able to remove all hazards (triple rinsing is not specified, a single rinse may suffice), then drum is not subject to USDOT/PHMSA Hazardous Materials Regulations (HMR). It is up to the shipper of the HazMat to determine if all hazards have been removed. The carrier should confirm this before accepting the consignment.
  • If any residue of the HazMat remains, customer must comply with USDOT regulations of 49 CFR 173.29. This is summarized below:
    • All USDOT  labels and marks must remain on drums. Customer may need to replace missing or damaged USDOT labels/marks.
    • Labels and marks not required by USDOT regulations (e.g., OSHA pictograms, product name) may be removed or may remain.
    • If all of the following are true, consignment of RCRA Empty drums does not require placards to be displayed on the truck (however, all other requirements of the HMR remain):
      • Non-bulk packaging (e.g., a drum).
      • A HazMat found in Table 2 at 49 CFR 172.504 (e.g., Class 8 Corrosive).
    • If the consignment is also transported by a contract or private carrier, then a shipping paper is not required either.
      • Contract carrier performs transport under terms of contract.
      • Private carrier is owner of HazMat in transportation, is not a third person transporter, and does not transport for hire.
    • If consignment is transported by common carrier, then shipping paper is required. (In your phone call you mentioned a common carrier).
      • Common carrier is JB Hunt, Schneider, Conway, &etc.
      • Shipping paper may include: “Residue last contained…” with proper shipping name.
    • Regardless of above, all other requirements of USDOT/PHMSA Hazardous Materials Regulations remain including HazMat Employee training for all involved in transport.
  • Once you receive the drums you may prepare them for reuse according to the HMR of USDOT/PHMSA.
In sum: if your customer can get the drums RCRA Empty, the drums can be transported back to you (USDOT regulations vary) for reuse and return to customer.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
I hope this helps. I am in the office today. Please contact me with any questions.
The Requirements of 40 CFR 262.265 Emergency Procedures of Contingency Plan for Large Quantity Generator of Hazardous Waste

The Requirements of 40 CFR 262.265 Emergency Procedures of Contingency Plan for Large Quantity Generator of Hazardous Waste

Federal regulations of the U.S. Environmental Protection Agency (USEPA) at 40 CFR 262.17(a)(6) require a large quantity generator of hazardous waste (LQG) to comply with the preparedness, prevention, and emergency procedure standards of 40 CFR 262, subpart M. This article is the thirteenth (and final!) in a series that looks closely at each of the sections in subpart M to clearly describe the responsibilities of a LQG.

The purpose of this article is to address the requirements of 40 CFR 262.265 Emergency procedures

(more…)

The Requirements of 40 CFR 262.264 Emergency Coordinator for Large Quantity Generator of Hazardous Waste

The Requirements of 40 CFR 262.264 Emergency Coordinator for Large Quantity Generator of Hazardous Waste

Federal regulations of the U.S. Environmental Protection Agency (USEPA) at 40 CFR 262.17(a)(6) require a large quantity generator of hazardous waste (LQG) to comply with the preparedness, prevention, and emergency procedure standards of 40 CFR 262, subpart M. This article is the twelfth in a series that looks closely at each of the sections in subpart M to clearly describe the responsibilities of a LQG.

The purpose of this article is to address the requirements of 40 CFR 262.264 Emergency coordinator

(more…)

The Requirements of 40 CFR 262.263 Amendment of Contingency Plan for Large Quantity Generator of Hazardous Waste

The Requirements of 40 CFR 262.263 Amendment of Contingency Plan for Large Quantity Generator of Hazardous Waste

Federal regulations of the U.S. Environmental Protection Agency (USEPA) at 40 CFR 262.17(a)(6) require a large quantity generator of hazardous waste (LQG) to comply with the preparedness, prevention, and emergency procedure standards of 40 CFR 262, subpart M. This article is the eleventh in a series that looks closely at each of the sections in subpart M to clearly describe the responsibilities of a LQG.

The purpose of this article is to address the requirements of 40 CFR 262.263 Amendment of contingency plan. (more…)
The Requirements of 40 CFR 262.262 Copies of Contingency Plan for Large Quantity Generator of Hazardous Waste

The Requirements of 40 CFR 262.262 Copies of Contingency Plan for Large Quantity Generator of Hazardous Waste

Federal regulations of the U.S. Environmental Protection Agency (USEPA) at 40 CFR 262.17(a)(6) require a large quantity generator of hazardous waste (LQG) to comply with the preparedness, prevention, and emergency procedure standards of 40 CFR 262, subpart M. This article is the tenth in a series that looks closely at each of the sections in subpart M to clearly describe the responsibilities of a LQG.

The purpose of this article is to address the requirements of 40 CFR 262.262 Copies of contingency plan. (more…)
The Requirements of 40 CFR 262.261 Content of Contingency Plan for Large Quantity Generator of Hazardous Waste

The Requirements of 40 CFR 262.261 Content of Contingency Plan for Large Quantity Generator of Hazardous Waste

Federal regulations of the U.S. Environmental Protection Agency (USEPA) at 40 CFR 262.17(a)(6) require a large quantity generator of hazardous waste (LQG) to comply with the preparedness, prevention, and emergency procedure standards of 40 CFR 262, subpart M. This article is the ninth in a series that looks closely at each of the sections in subpart M to clearly describe the responsibilities of a LQG.

The purpose of this article is to address the requirements of 40 CFR 262.261 Content of contingency plan. (more…)