Contrary to what you may believe, the US EPA is not all about enforcement.  Part of US EPA’s mission is to provide information to the regulated community in the form of guidance documents whose purpose is to summarize the regulations in plain English and indicate sources of additional information.

When referring to a guidance document it is important to keep the following in mind:

• No guidance document – even one published by the US EPA – is a substitute for the regulations.  A good guidance document may only provide an overview of the regulations, if you find some of its information useful you must research the regulations to determine compliance.
• The regulations may have changed since the guidance document was written.
• If the document is issued by the US EPA you may have to confirm the information with your state environmental agency.  All states except for Iowa, Alaska, & Puerto Rico have approved hazardous waste programs under RCRA and will write and enforce their own regulations.  These states will have their own guidance documents to explain their regulations.

An example of a series of very helpful guidance documents issued by US EPA is the RCRA in Focus series.  From the website:

RCRA in Focus is a series of publications providing an overview of the RCRA regulations affecting specific industry sectors. Intended as a guide for small businesses, RIF presents the lifecycle of a typical waste for each industry and focuses on recycling and pollution prevention options. Each issue contains a hazardous waste table of RCRA requirements for small businesses and answers frequently asked questions.

Industry for which RCRA in Focus publications are available:

• RCRA in Focus: Construction, Demolition, and Renovation
• RCRA in Focus: Dry Cleaning
• RCRA in Focus: Dry Cleaning – Korean
• RCRA in Focus: Furniture Manufacturing and Refinishing
• RCRA in Focus: Leather Manufacturing
• RCRA in Focus: Motor Freight & Railroad Transportation
• RCRA in Focus: Motor Freight & Railroad Transportation – en Español
• RCRA in Focus: Photo Processing
• RCRA in Focus: Printing
• RCRA in Focus: Printing – en Español
• RCRA in Focus: Textile Manufacturing
• RCRA in Focus: Vehicle Maintenance
• RCRA in Focus: Vehicle Maintenance- en Español

Guidance documents are available for download as a pdf or you may order copies through the mail (limit to ten different publications and one of each per day).

Publications like these can be a great asset in maintaining compliance with the hazardous waste regulations of the US EPA and your state, especially if you are one of the industry listed above.  Also helpful is training.  Contact me for a free consultation on your training needs.

In an article last year I wrote of the proposed change to the frequency of the Hazardous Waste Report in Ohio.  The (at that time) proposal would change the frequency of the report from annual to biennial (every two years).

On January 24, 2013 the Ohio EPA announced the finalization of the rules package (known as the “Biennial Set”) making this proposal effective as of February 5, 2013.  As of that date the Hazardous Waste Report in Ohio will be due March 1st of every even-numbered year for the previous calendar year.

This eliminates the Annual Hazardous Waste Report due March 1, 2013 for calendar year 2012 in Ohio.  The next due date for the report will be March 1st of 2014 for calendar year 2013.

This change will impact the reporting responsibilities for the following Ohio facilities:

• Treatment Storage & Disposal Facilities (TSDF)
• Large Quantity Generators of hazardous waste
• Small Quantity Generators of hazardous waste – if required to submit the report by Ohio EPA

This change should not have any impact on facilities outside of Ohio except for TSDF’s who accept hazardous waste from generators in Ohio, they may need to only provide information to their customers every other year instead of annually.

This change brings Ohio in line with the regulations of the US EPA which mandate a biennial frequency for the hazardous waste report.  Ohio prior to this rule was like many states with an authorized hazardous waste program that choose to go above and beyond the Federal standards.

More information on the rule is available at the Register of Ohio.

Please don’t hesitate to contact me with any questions about the regulations of the US EPA or the Ohio EPA.

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By Anthony Tosie, atosie@starlocalnews.com

Following several years of violating federal environmental regulations with its Frisco lead-acid battery recycling plant, Exide Technologies has agreed to pay a $225,000 fine to the Environmental Protection Agency.

The fine comes as the result of violations the agency found at the Frisco plant in regards to the Resource Conservation and Recovery Act following December 2009 and December 2010 inspections. Exide has paid similar fines for violating other federal laws in recent years.

Violations were found regarding the spread of dust, handling of waste and maintenance of required equipment, among other issues.

One such violation, according to the settlement, occurred when “EPA [officials] collected evidence during the 2009 and 2010 facility inspections showing that the hood installed at the reverberatory furnace was a partial hood enclosure that has openings which allow fugitive emissions to escape.”

Another violation the EPA states its officials witnessed included Exide vehicles failing to use a vehicle wash after visiting the plant’s raw materials storage building. The settlement agreement also claims Exide was unable to provide records for several safety and health requirements, such as a full plan for preventing the spread of dust emissions.

As part of the settlement, Exide will continue testing samples of solid waste according to guidelines given by the EPA. The company is also required to continue working with the Texas Commission on Environmental Quality for the remediation of contaminated land.

Exide has 30 days from the settlement’s Dec. 18 filing to pay the $225,000 fine.

The Frisco-based battery recycling plant is currently in the process of being demolished following an agreement with the city. Part of that process includes TCEQ-overseen decontamination of the land the plant resides on as well as the proper disposal and cleaning of facilities and equipment prior to demolition.

Exide is currently accepting questions regarding the plant’s closure at its website. Earlier this week, the company posted an action plan regarding the landfill on the site which is home to hazardous materials.

According to that plan, however, Exide will retreat the hazardous materials currently in the landfill until analysis finds the materials to be in compliance with federal standards. After the materials comply with federal standards, the materials will be placed back in the landfill.

The company’s website is currently accepting questions on the landfill action plan. To read the plan or submit a question, click here.

The regulations of the US EPA at 40 CFR 279 allow for the regulation of a waste as a Used Oil provided it is:

• Petroleum-based or synthetic,
• Used, and;
• As a result of its use is contaminated by chemical or physical impurities.
• In addition, US EPA presumes Used Oil will be recycled.

A solid waste meeting the above criteria may be managed as a Used Oil even if it exhibits any of the characteristics of a hazardous waste:  Ignitability, Corrosivity, Reactivity, or Toxicity but not if it is a listed hazardous waste.  Read more about The Management of Used Oil.

What about mixtures of Used Oil and hazardous waste?  How will the resulting mixture be regulated?  The answers to those questions are the goal of this article.

There are two general situations where a Used Oil may become mixed with a hazardous waste:

1. Combination takes place during use before the point of generation.  This typically is not considered to be mixing of separate wastestreams and is not subject to regulation as such.  However, as the generator you must determine if the waste meets the definition of a Used Oil at the point of generation.  For example, if anhydrous ammonia becomes mixed with your Used Oil as part of a refrigeration system before the point of generation the combined waste may still be managed as a Used Oil as long as it meets the definition of Used Oil at 40 CFR 279 and summarized above.
2. The combination (intentional or unintentional) takes place after the point of generation.  The combination of two or more distinct wastestreams (in this situation Used Oil and a hazardous waste) puts the burden on you as the generator to first determine if the mixing is allowed by regulation and secondly determine the regulatory status of the resulting mixture.  Your determination must consider the regulations of your state.

Is the mixing allowed?

To determine if the mixing is allowed at all you must answer the following two questions:

1. Is the mixing considered treatment by dilution and therefore prohibited under the Land Disposal Restrictions (LDR) of 40 CFR 268?  As we will see later however, the mixing of Used Oil and some hazardous waste may not be subject to the LDR.
2. Does the mixing meet the definition of Hazardous Waste Treatment at 40 CFR 260.10?  If so, the mixing may require a permit though there are many examples where a generator is allowed to treat hazardous waste onsite without a permit.

What is the regulatory status of the mixture?

• The mixture of Used Oil and a waste that is hazardous solely for the characteristic of Ignitability may be managed as a Used Oil as long as the mixture does not exhibit the characteristic of Ignitability.  The option to manage the mixture as a Used Oil remains even if the mixture exhibits other hazardous characteristics such as Toxicity for lead (D008) which may have been present in the Used Oil before mixing.  If the characteristic for Ignitability is exhibited by the mixture, then it may not be managed as a Used Oil and must be managed as a hazardous waste [40 CFR 279.10(b)(2)(iii)].
• The mixture of Used Oil and a characteristic hazardous waste (other than an Ignitable-only referred to above) may be managed as a Used Oil only if the mixture does not exhibit any hazardous waste characteristics.  If any hazardous waste characteristic is exhibited by the mixture (example:  the Toxicity characteristic for lead [D008] is present in the Used Oil) the waste must be managed as a hazardous waste [40 CFR 279.10(b)(2)(ii)].
• The mixture of a Used Oil and a listed hazardous waste can be tricky.  The simple answer is that the mixing of any listed hazardous waste and Used Oil will result in a mixture that must be managed as a listed hazardous waste [40 CFR 279.10(b)(1)].
• However 40 CFR 279.10(b)(2)(ii) indicates that a mixture of an ICR-Only Listed Waste and a Used Oil may be managed as a Used Oil provided the mixture does not exhibit any hazardous waste characteristic.  Notice that this citation is the same one that allows you to manage the mixture of Used Oil and a characteristic hazardous waste as Used Oil provided the mixture does not exhibit any characteristic of hazardous waste.  This includes those characteristics of hazardous waste that may have been present in the Used Oil before mixing.  I advise extreme caution before exercising this option, I will explain further below.

The Land Disposal Restrictions:

The LDR prohibits the dilution of a hazardous waste in order to render it non-hazardous.  However, the Used Oil standard at 40 CFR 279.10(b)(2) indicates that mixtures of a Used Oil and some forms of hazardous waste are not subject to the LDR if the mixture does not exhibit any characteristics of hazardous waste; the two types of hazardous waste not subject to the LDR when mixed with Used Oil are:

1. Hazardous waste that solely exhibit one or more of the hazardous waste characteristics, and;
2. ICR-Only Listed Waste.

If the mixture is eligible to be managed as a Used Oil, then it is not subject to the Land Disposal Restrictions of 40 CFR 268  – or parts 260-266, 270, & 124 – which means no further treatment is required before disposal.

Why I Advise Extreme Caution Before Exercising the Option of Mixing Used Oil with ICR-Only Listed Waste:

1. First and foremost, this is my interpretation of the regulations and though it seems clear to me it may not be as clear to your boss, your Used Oil recycler, or the EPA inspector.  Also I could be flat-out wrong, it happens.
2. Secondly you have to decide if interpreting the regulations in this way would benefit you at all.  If the benefit is minimal it might not be worth all the hassle of having to constantly justify your position.
3. From the perspective of a Best Management Practice it is a good idea to keep wastestreams separate and manage them according to their applicable regulations.
4. And finally, this interpretation is based on the Federal regulations of the US EPA.  You must determine the regulations of your state if it is authorized to implement the hazardous waste program (all but Iowa, Alaska, and Puerto Rico are).  I have spoken to two states and one regional office on this issue:

• Illinois EPA thought it might be allowed, but did not think it was a good idea.
• US EPA Region V did not come out and say I was wrong but gave me a list of reasons why it is a bad idea and why they strongly discourage mixing of wastestreams.
• Maryland Department of Environment referred me to their state regulations that expressly forbid the mixing of an ICR-Only Listed Waste and a Used Oil [COMAR 26.13.10.05(E)]

As always, the determination of a wastes status is up to you as the generator.  The management of that waste in compliance with the regulations depends upon your initial determination; so make your decision with care.  Please don’t hesitate to contact me with any questions.

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The regulatory requirement for training employees who work with or around hazardous waste or may respond to a hazardous waste emergency depends upon your hazardous waste generator status (take this quick survey to determine your hazardous waste generator status).  A brief summary of the applicable training requirements:

• A large quantity generator of hazardous waste must train all facility personnel within 6 months of employment and annually thereafter [40 CFR 262.17(a)(7)].
• A conditionally exempt small quantity generator of hazardous waste has no training requirement [§261.14].
• A small quantity generator of hazardous waste is not specifically required to provide training to its facility personnel.  However, training may be necessary in order to comply with the applicable regulations [§262.16(b)(9)(iii)].

40 CFR 262.16(b)(9)(iii) reads:

The small quantity generator must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies;

The regulations do not specify how the generator must “ensure” that all of their employees are “thoroughly familiar” with the relevant procedures for handling waste and for responding to emergencies.  Options include:

• On-the-job experience,
• Prior work experience,
• Education,
• Signs and labels to communicate information,
• Work Instructions or SOP’s that provide relevant guidance,
• And training.

While not required it is assumed by the US EPA and state agencies that training will play a role – if not THE role – in complying with §262.16(b)(9)(iii) (RO11779).

It is also important to note that this regulation falls within the larger framework of an SQG’s responsibility to respond to an emergency, sometimes known as the Small Quantity Generator’s Basic Plan.  Therefore, your training must address the emergency response procedures your employees need to know relevant to their job duties.

Even if you determine that training is not required you and your employees will benefit from learning what regulations are applicable to their job duties and how those regulations fit into the greater regulatory structure.

As always, please don’t hesitate to contact me with your questions about RCRA training for small quantity generators of hazardous waste.

A requirement of a generator’s hazardous waste determination is to determine if their waste is listed at 40 CFR 261, Subpart D.  The four lists that make up the hazardous waste listing are:

• F-List for generic industrial sources.
• K-List for specific industrial processes.
• P or U-List for unprocessed commercial chemical products.

Any solid waste that isn’t excluded elsewhere and matches the description of a hazardous waste listing is a hazardous waste and subject to full regulation under RCRA.

The US EPA uses three (3) different criteria to determine whether or not to include a process or chemical in one of the four hazardous waste listings, the three criteria are:

1. The waste typically contains toxic chemicals at levels that could pose a threat to human health and the environment if improperly managed.  If this criteria is the basis for listing a waste it is assigned a hazard code of T for Toxic Waste.
2. The waste contains such dangerous chemicals that it could pose a threat to human health and the environment even when properly managed.  These wastes are fatal to humans and animals in low doses.  If this criteria is the basis for listing a waste it is assigned a hazard code of A for Acute Hazardous Waste.
3. The waste typically exhibits one of the four characteristics of hazardous waste:  Ignitability, Corrosivity, Reactivity, Toxicity.  If this criteria is the basis for listing a waste it is assigned a hazard code according to its characteristic:  Ignitable Waste (I), Corrosive Waste (C), Reactive Waste (R), Toxicity Characteristic Waste (E).

Note the following:

• The reference to “hazard code” should not be confused with “hazardous waste codes”.  The “hazard code” is an indication of the US EPA’s reasoning for listing the waste.  A “hazardous waste code” is assigned to all wastes determined to be hazardous (either characteristic or listed).
• A Toxic Waste (T) differs from a Toxicity Characteristic Waste (E).  The Toxic Waste meets the first of the three criteria, that is it typically contains toxic chemicals that could pose a threat if improperly managed.  The Toxicity Characteristic Waste exhibits the characteristic for Toxicity which is a basis for listing a waste identified in the third criteria.
• The four characteristics of hazardous waste – Ignitable, Corrosive, Reactive, & Toxic – are described in §261, Subpart C.
• A waste that is determined to be a listed hazardous waste solely because it exhibits one or more characteristics of Ignitability, Corrosivity, or Reactivity is known as an ICR-Only Listed Waste.
• There are 29 ICR-Only Listed Wastes:

• A waste that matches the description of an ICR-Only Listed Waste is not assigned the listed hazardous waste code if it does not exhibit the applicable hazardous waste characteristic at the point of generation.  Example:  Spent acetone used as a solvent matches the listing description for F003 (non-halogenated spent solvent).  F003 has a Hazard Code of I for the characteristic of Ignitability.  If the spent solvent does not exhibit the characteristic of Ignitability at the point of generation, then the F003 hazardous waste code would not apply.
• Additionally, if an ICR-Only Listed Waste is mixed with a solid waste the resulting mixture does not retain the listed hazardous waste code if the mixture does not exhibit the applicable hazardous waste characteristic [40 CFR 261.3(g)(2)(i)].  Example:  Spent acetone used as a solvent matches the listing description for F003 (non-halogenated spent solvent).  F003 has a Hazard Code of I for the characteristic of Ignitability.  If the spent solvent is mixed with a non-hazardous waste so that the resulting mixture does not exhibit the characteristic of Ignitability, then the F003 hazardous waste code would not apply.
• Read more about F-Listed Spent Solvents.

The fact that an ICR-Only Listed Waste retains its listed hazardous waste code only if the applicable characteristic hazardous waste is exhibited may play a crucial role in your hazardous waste determination.  This then will impact your hazardous waste generator status and all subsequent regulations with which you must comply.  Make certain you have conducted the hazardous waste determination correctly and documented the outcome.  As always check with your state regulatory agency on issues such as these and please don’t hesitate to contact me with any questions.

In an earlier article I summarized the US EPA regulations regarding onsite treatment of hazardous waste by a generator.  The Ohio EPA have their own regulations pertaining to this subject; they largely follow the US EPA but with some important differences.

Treatment is defined in the Ohio Administrative Code at 3745-50-10(A) as any method, technique or process – including neutralization – designed to change the physical, chemical or biological character or composition of any hazardous waste to:

• Neutralize the waste.
• Recover energy or material resources from the waste.
• Render the waste nonhazardous or less hazardous.
• Make the waste safer to transport, store or dispose.
• Make the waste easier to recover or store.
• Reduce the volume of waste.

Pursuant to 3745-52-10(C) of the OAC a generator is allowed to treat their own hazardous waste without a permit provided they comply with 3745-52-34.  These are the standard management requirements for the accumulation of hazardous waste; they include:  labeling, closed container, onsite accumulation time limit, training, inspections, etc.  3745-52-10(C) does not specify a generator status, therefore it applies to all generators of hazardous waste:  Large Quantity Generator, Small Quantity Generator, & Conditionally Exempt Small Quantity Generator.  If treating hazardous waste, an LQG or SQG must comply with the regulations applicable to their generator status.  Where Ohio differs from the US EPA is that a CESQG that treats its waste must comply with the regulations of an LQG.

Acceptable forms of onsite treatment for a hazardous waste generator in Ohio include, but are not limited to:

• Stabilization:  Mixing a characteristic hazardous waste (D008 Toxicity for Lead) with cement to stabilize the lead.
• Wastewater Treatment:  A variety of methods may be used to remove a hazardous constituent from a wastestream if the wastewater treatment unit and its discharge is permitted under the Clean Water Act.
• Neutralization:  Mixing an acidic waste (D002 Corrosivity) with an alkaline material to neutralize it, or vice versa.
• Polymerization:  A resin (D001 Ignitable) may be mixed with its reactant to cause a polymerization reaction creating a solid nonhazardous waste.
• Evaporation:  Evaporation of an aqueous (water-based) waste that does not contain volatile organic compounds.  Any release of a hazardous waste, such as VOC’s, to the air is disposal and not allowed without a permit.

The following must also be considered before conducting hazardous waste treatment without a permit in Ohio:

• The waste must be generated onsite.
• Acceptable units for onsite treatment of hazardous waste are limited to:  Containers, Tanks, and Containment Buildings.
• The Federal RCRA air emission standards may apply, refer to:  40 CFR 265, Subpart AA, BB, or CC.
• Thermal treatment (incineration) is not allowed.  This includes treatment at ambient temperatures, eg. leaving solvent-soaked rags to dry.  Refer to the description of Evaporation above.
• The closed container requirements do not apply to a hazardous waste undergoing treatment in a container.

The Ohio land disposal restrictions of 3745-270 present an additional treatment standard – beyond the determination of hazardous or non-hazardous – that must be met before the waste may be land disposed.  This means that if you intend to treat your hazardous waste to make it non-hazardous you must also decide if your treatment will meet the LDR.

• If not treated to meet the LDR:  Then the waste will have to be treated to meet the LDR’s before land disposal.
• If treated to meet the LDR:  Then you must comply with the requirements of 3745-270, which include:
• Develop a written Waste Analysis Plan [3745-270-07(A)(5)].
• Comply with the notification and certification requirements [3745-270-07(A)].

This information is based on the regulations of the Ohio EPA, the Federal regulations and those of your State will differ.  Check with your State for its interpretation of these regulations.

Additional information is available from the Ohio EPA:  DHWM Guidance Document – Generator Treatment.

As always, please don’t hesitate to contact me if you have any questions about the RCRA regulations (Federal or State) or those of the US DOT for the transportation of hazardous materials.

Release Date: 11/26/2012

Contact Information: David Deegan, (617) 918-1017

(Boston, Mass. – Nov. 26, 2012) – A New Haven, Conn. company that makes door hardware has agreed to pay $39,705 to settle EPA’s claims that it violated state and federal hazardous waste laws.

The Sargent Manufacturing Company violated state hazardous waste laws as well as the federal Resource Conservation and Recovery Act (RCRA).  These laws are designed to help protect public health and the environment by promoting the proper management of hazardous wastes.

The complaint grew out of an inspection of the facility in March 2011 by EPA. Sargent violated RCRA by failing to: have an adequate hazardous waste training program, close containers of hazardous waste, maintain adequate aisle space between containers of hazardous waste, mark containers with the date that accumulation of hazardous waste began, update and submit a revised contingency plan to local authorities, and otherwise manage hazardous waste in accordance with the requirements.

Sargent’s failure to have an adequate hazardous waste training program increased the likelihood that wastes generated may not be properly managed and that Sargent personnel may not be able to adequately coordinate all emergency response measures in the event of emergency.

After the inspection, Sargent brought its facility into compliance with state and federal waste management laws. 

More information:  Enforcing hazardous waste laws in New England(http://www.epa.gov/region1/enforcement/waste/index.html)