Release Date: 12/19/2012

Contact Information: Ben Washburn, 913-551-7364, washburn.ben@epa.gov

Environmental News

FOR IMMEDIATE RELEASE

(Lenexa, Kan., Dec. 19, 2012) – EBV Explosives Environmental Company, doing business as General Dynamics Ordnance and Tactical Systems – Munitions Services, has agreed to pay a $580,135 civil penalty to settle alleged violations of the Clean Air Act and Resource Conservation and Recovery Act (RCRA) at its facility in Carthage, Mo.

In February 2011, EBV sent a letter to EPA that informed the Agency that stack tests conducted in October 2010 indicated that the hydrogen chloride emission rate at the facility was above permitted levels.

Alleged violations at the facility include operation of a thermal treatment unit without obtaining a valid permit, in violation of the Missouri State Implementation Plan and the Clean Air Act; operating in noncompliance with its Hazardous Waste Management Facility permit from the Missouri Department of Natural Resources on several occasions by exceeding its permitted emission limits for dioxins and furans, hydrogen chloride and chlorine gas, and particulate matter and its permitted operating parameters for stack flow rate; and failure to operate monitors that record the operating parameters and conditions used to verify compliance with the permit.

EPA and EBV entered into an Administrative Order on Consent under the Clean Air Act in January 2012, which required EBV to install equipment to reduce the facility’s hydrogen chloride emissions below permitted levels. Since the order was issued, EBV installed a scrubber, made associated changes to the Propellant Thermal Treatment Unit, and completed stack testing to demonstrate that the facility’s emissions are below permitted levels.

“EPA’s enforcement of these important environmental laws has caused EBV to cut particulate emissions by approximately 1,240 pounds per year and hydrogen chloride and chlorine gas emissions by 200,000 pounds per year,” said EPA Region 7 Administrator Karl Brooks. “EBV’s commendable step to install and operate new technology to prevent excess emissions of these chemicals will mean cleaner air and better health for Carthage area residents.”

As a result of the settlement, EBV has agreed to provide EPA with documentation on a monthly basis that demonstrates it is in full compliance with its RCRA permit.

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As a state with an authorized hazardous waste program, Texas has its own regulations for the management of hazardous waste enforced by the Texas Commission on Environmental Quality (TCEQ).  In addition, Subtitle D of the Resource Conservation and Recovery Act (RCRA) empowered the states to manage non-hazardous waste as they see fit with minimal oversight from the US EPA.  For better or worse, Texas has exercised this authority to create extensive regulations pertaining to non-hazardous waste generated at industrial facilities (Industrial Solid Waste).  TCEQ identifies an Industrial Solid Waste as:

Industrial Solid Wastes are not hazardous waste and result from (or are incidental to) operations of industry, manufacturing, mining, or agriculture – for example, wastes from power generation plants, manufacturing facilities, and laboratories serving an industry.

Industrial Solid Waste are further broken down into three classes:

• Class 1 – toxic, corrosive, flammable, a strong sensitizer or irritant, may generate sudden pressure, or may pose a substantial potential danger.
• Class 2 – cannot be described as a Class 1 or Class 3.
• Class 3 – inert, essentially insoluble, and not readily decomposable.

With that very brief introduction (refer to the TCEQ guidance document for more information:  Guidelines for the Classification and Coding of Industrial and Hazardous Wastes), I’ll proceed to the point of this article:  The Management of Empty Containers in Texas.

We start with a container that meets the definition (both US EPA & TCEQ regulations agree) of RCRA Empty.  If RCRA Empty, a container and its residue are no longer regulated as a hazardous waste.  It is, however, regulated by the TCEQ as an Industrial Solid Waste.  As the generator, you must determine if it is a Class 1 or Class 2 Industrial Solid Waste and manage accordingly.

A RCRA Empty container is a Class 1 Industrial Solid Waste if its capacity is >5 gallons and it previously stored a:

• Hazardous Substance as defined at 40 CFR Part 302,
• Hazardous Waste,
• Class 1 Industrial Solid Waste, and/or
• a material that would be classified as a hazardous waste or Class 1 Industrial Solid Waste if disposed.

A RCRA Empty container is a Class 2 Industrial Solid Waste if:

• Its capacity is ≤5 gallons, or
• it previously stored a Class 2 Industrial Solid Waste.

You may classify a Class 1 empty container as a Class 2 under the two following options:

Option 1:  Both of the following conditions are true:

1. The residue is completely removed by one of the following:
• Triple rinsing with a solvent capable of removing the waste,
• Hydro-blasting, or
• by other methods.
2. The container is crushed, punctured, or subjected to other mechanical treatment that renders it unusable.

Option 2:  The container will be recycled and all of the following are true:

1. The residue is completely removed by one of the following:
• Triple rinsing with a solvent capable of removing the waste,
• Hydro-blasting, or
• by other methods.
2. The container is not regulated under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).
3. The generator maintains documentation per 30 TAC 335.513 – Documentation Required, that demonstrates the container is being recycled.
4. The recycling activity involves one of the following:
• shredding,
• dismantling,
• scrapping,
• melting,
• or other method that renders the container unusable.

Your onsite management, offsite disposal, recordkeeping, reporting, etc. will all depend on how much and what Class of Industrial Solid Waste you generate.  Classifying your empty containers is just one small step of a long process to ensure you are in compliance with the regulations of the US EPA and the TCEQ.  I recommend you to the TCEQ guidance document I linked to earlier in this article for additional guidance.  Or, contact me for a free consultation on the applicable Texas regulations.  You may also consider Onsite Training as a way for you and all your employees to learn the applicable regulations of the TCEQ.

The regulations of the US Department of Transportation at 49 CFR 172.202 indicate the requirements for a hazardous materials description on a shipping paper.  A hazardous waste accompanied in transportation by a Uniform Hazardous Waste Manifest is subject to the regulations of both the US DOT and the US Environmental Protection Agency at 40 CFR 262, Subpart B (or authorized State agency).  The regulations of both agencies require an indication of the Total Quantity and the Number and Type of Containers/Packages when describing a Hazardous Waste/Hazardous Material on a Manifest/Shipping Paper.  They differ, however, in the form this information must take and so it is up to you as the Generator/Shipper to ensure you are in compliance.

The purpose of this article is to explain the requirements of both the US EPA and the US DOT for indicating the Total Quantity of a Hazardous Material (which includes Hazardous Waste) on a Shipping Paper (which includes a Uniform Hazardous Waste Manifest).  In a later article I will address the requirements for the Number and Type of Containers/Packaging.

The regulations of the US DOT at 49 CFR 172.202(a)(5) read:

Except for transportation by aircraft, the total quantity of hazardous materials covered by the description must be indicated (by mass or volume, or by activity for Class 7 materials) and must include an indication of the applicable unit of measurement, for example, ‘200 kg’ (440 pounds) or ’50 L’ (13 gallons).  The following provisions also apply:

Note the following:

• The regulations for shipments of a hazardous material by air are found at §172.202(a)(6).
• Total Quantity may be indicated by mass or volume.
• Since the regulations do not indicate if a net or gross mass/volume is required for the Total Quantity, either is acceptable.  Therefore, the Total Quantity may include the weight of the hazardous material packaging (net), or solely the weight of the HazMat (gross).
• Note the reference to Class 7 Radioactive materials.
• Any unit of measure is acceptable as long as one is present, unless it is one of the exceptions referenced below that do not require a Total Quantity.
• “The following provisions also apply:“, refers to the following:
• Class 1 Explosive materials.
• Hazardous materials in salvage packaging.
• Exceptions to 172.202(a)(5) for:  Bulk Packages, Cylinders, & Packages with Residue.

Also, §172.202(c) includes the following regarding the Total Quantity:

• It must appear before or after, or both before and after, the hazardous materials description.
• Abbreviations may be used to express the units of measurement for the Total Quantity.

At 40 CFR 262, Subpart B the US EPA indicates the requirements for a generator of hazardous waste who offers it for transportation.  §262.20(a)(1) requires a generator to prepare a Manifest, “…according to the instructions included in the appendix to this part.”  The instructions for Items 11 & 12 on the Manifest (Total Quantity & Units of Measure respectively) include the following:

Item 11.  Total Quantity:  Enter, in designated boxes, the total quantity of waste.  Round partial units to the nearest whole unit, and do not enter decimals or fractions.  To the extent practical, report quantities using appropriate units of measure that will allow you to report quantities with precision.  Waste quantities entered should be based on actual measurements or reasonably accurate estimates of actual quantities shipped.  Container capacities are not acceptable as estimates.

Item 12.  Units of Measure (Weight/Volume):  Enter, in designated boxes, the appropriate abbreviation from Table II (below) for the unit of measure.

 Note the following:

• Total Quantity must be entered in Item 11 of the manifest, unit of measure in Item 12, no exceptions.
• The US EPA is much more specific in its instructions as to how it wishes the number to appear:  “Round partial numbers…“
• Entering the “container capacity” or other rough estimates are not acceptable.  US EPA desires an “actual measurement or reasonably accurate estimate…” of the Total Quantity.
• The US EPA instructions for the Manifest, like the US DOT in its regulations, does not specify the use of net or gross mass/volume for the Total Quantity.  Therefore, the Total Quantity may include the weight of the containers, or if an accurate measurement can be made, solely the weight of the hazardous waste in the containers.
• Unlike the US DOT, the US EPA requires specific units of measure and acceptable abbreviations; refer to Table II – Units of Measure
• The US EPA goes further to recommend the use of certain units of measure (Tons, Metric Tons, & Cubic Yards) for very large bulk shipments (rail cars, tank trucks, or barges).
• Whatever unit of measure you choose, completion of the Hazardous Waste Report will be easier if you remain consistent and select a unit of measure required by the Report (see below):

So, which regulations must you comply:  Those of the US DOT or those of the US EPA?  Well, if shipping a hazardous material that is not a hazardous waste, then you need only follow the requirements of the US DOT.  If, however, what you offer for transportation is a hazardous waste – and you are not a Conditionally Exempt Small Quantity Generator of hazardous waste – then you must comply with the regulations of both agencies (and those of your state if it has an authorized hazardous waste program).

So in sum…

At 49 CFR 172.205(a) the US DOT requires completion of the Manifest per the regulations of the US EPA for the transportation of a hazardous waste.  Further, at §172.205(h), it requires the Manifest to contain all of the applicable elements of the hazardous materials description.

and…

According to 40 CFR 262.202(a)(1), you must complete the Manifest per the instructions included in the appendix to §262.  Also, check with your state to see if it has any additional requirements for completion of the Manifest.

These types of questions come up in my training all the time.  Sign up to attend one of my training events, or contact me with a question regarding the regulations of the US DOT or the US EPA.

The determination of your hazardous waste generator status is necessary in order to identify which of the RCRA regulations (Federal & State) apply to your operations and what you must do to ensure compliance.  This determination is based on the amount of non-exempt hazardous waste you generate in a calendar month.

In a future article I will address the determination of hazardous waste generator status based on the generation of acute hazardous waste and the amount of hazardous waste accumulated on-site.

Some States have their own criteria for determining hazardous waste generator status, do not recognize all three of the US EPA status, and/or have added an additional status level to the base three of the US EPA; so be sure to check with your State.  However, the three categories of hazardous waste generator status identified by the US EPA and most States are:

• Large Quantity Generator of hazardous waste (LQG).
• Small Quantity Generator of hazardous waste (SQG).
• Conditionally Exempt Small Quantity Generator of hazardous waste (CESQG).  In some states this same status is referred to as:  Very Small Quantity Generator or VSQG.

Take this survey to determine your generator status, but before you do, read below to ensure you understand properly the terms used in making this determination.

“Generates”:  The determination is based solely on the amount of hazardous waste generated.  It does not include hazardous waste that was shipped off-site for disposal, accumulated onsite, or the amount moved from one accumulation area to another within the same facility.  This includes the transfer of hazardous waste from a Satellite Accumulation Area to a Central Accumulation Area (aka:  90/180 Day Accumulation Area).  Read here to learn how to avoid double-counting your hazardous waste.

“Hazardous Waste”:  You need only account for hazardous waste.  Other forms of waste that are non-hazardous (not listed or characteristic hazardous waste), exempt from regulation as a solid waste or hazardous waste, or perhaps are a “de-regulated” form of hazardous waste:  Universal Waste or Used Oil; are not counted towards the determination threshold.  This article has more information about the types of waste not counted for the hazardous waste determination.

“Calendar Month”:  The determination is based on a calendar month, not a 30 day rolling time period, or an average taken over a year, or anything else.  As a generator of hazardous waste, you must make your determination anew for each month of the year.  Changes to your generator status on a month-to-month basis are addressed by the US EPA as Episodic Generator Status.

“You”:  The determination is limited to the hazardous waste generated by you at your site.  A generator site is a fixed geographic location and may include contiguous parcels under the same ownership instead of a single property.  There are some gray areas where another person may generate a hazardous waste at your site, this is known as Co-Generator Status.  Read this earlier article for an explanation of Co-Generator Status.

Do your homework and prepare yourself prior to conducting your hazardous waste determination.  If you have already determined your status, I suggest you check it again periodically – even monthly – to ensure there has not been a change in your status.  As always, please don’t hesitate to contact me with any questions.

The US EPA regulations at 40 CFR 262.34(c) – known as the Satellite Accumulation Area (SAA) regulations even though the word “satellite” is not used – are designed to allow a generator of hazardous waste to accumulate a limited amount of hazardous waste onsite for an unlimited period of time.  This can be done without regard to the accumulation time limits for their respective generator status:

• Large Quantity Generator (LQG) of hazardous waste:  ≤90 days for onsite accumulation/storage of hazardous waste.
• Small Quantity Generator (SQG) of hazardous waste:  ≤180 days for onsite accumulation/storage of hazardous waste.

A Conditionally Exempt Small Quantity Generator (CESQG) of hazardous waste is allowed to accumulate hazardous waste onsite for an unlimited period of time and therefore would likely find no use for an SAA.

Advantages to accumulating hazardous waste in Satellite Accumulation Areas:

• May accumulate hazardous waste onsite for an unlimited period of time.  Check with your State however; Missouri is one I am aware whose SAA regulations contain more restrictions than the Federal.
• Not required to conduct a weekly inspection.
• Not required to comply with the RCRA air emission standards of §265, Subparts A, B, & C.
• Annual training is not required for facility personnel whose only exposure to hazardous waste is in SAA’s.
• May be more than one container and may be more than one type of hazardous waste.
• No limit to the number of SAA’s or total waste accumulated in SAA’s facility-wide.

Restrictions and requirements for using Satellite Accumulation Areas:

• Limited to ≤55 gallons of hazardous waste per SAA.
• May accumulate hazardous waste solely in containers as defined at §260.10.  Accumulation in tanks, containment buildings, or drip pads is not allowed.
• Container must be labeled “Hazardous Waste” or other words to identify the contents, eg:  “Paint & Solvent Waste”.
• Container must be closed except when adding or removing waste.
• Container must be at or near the point of generation where waste initially accumulates; and,
• Under the control of the operator of the process generating the waste.
• When the limit of 55 gallons is reached:  (1) date the container.  (2)  three calendar days to move the container to a Central Accumulation Area (CAA or 90/180 Day Accumulation Area).

The Top 5 Satellite Accumulation Area violations:

• Failure to keep the container closed except when adding or removing hazardous waste.
• Failure to mark the container with the words, “Hazardous Waste” or other words describing the contents.
• Container is not at or near the point of generation.
• Storing >55 gallons of hazardous waste.
• Not dating a container with hazardous waste above the 55 gallon threshold.
• Not moving a dated container from the SAA to a CAA within 3 calendar days.  Note:  this is not 3 business days, and it is not 3 twenty-four hour periods.

Check with your State to ensure compliance.  Or, contact me with questions about management of hazardous waste in SAA’s, CAA’s, or in general.

A short presentation I made at the 2012 Michigan Safety Conference.  If you operate a business in Michigan, you should view this short Power Point to ensure you are not guilty of one of the Michigan DEQ’s “Top Nine Waste Violations”.

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QUESTION:  “Can a plastic 55-gallon drum – or any plastic container – be used for the transportation of a flammable liquid hazardous waste?”

ANSWER:  Yes.  There is nothing in the regulations of the US DOT or US EPA that precludes the general use of a plastic container for the transportation of a flammable liquid hazardous material or hazardous waste.  In fact, the applicable regulations refer to plastic drums, jerricans, and boxes as acceptable packagings for the shipment of a flammable liquid.  You should check with your State environmental agency or Fire Marshall to learn their requirements.

Selecting a container/packaging for a hazardous waste is important for several reasons; the two most important:

• When the container/packaging is onsite and being used for the accumulation/storage of hazardous waste it is subject to the regulations of the US EPA or authorized State agency.
• When offered for transportation and transported in commerce – assuming the hazardous waste is not treated or disposed onsite – the container/packaging is subject to the regulations of the US DOT.

The US EPA’s regulations for the onsite management of hazardous waste in containers are located at 40 CFR 265, Subpart I referred there from §262.34 they include basic requirements such as the container must be in good condition, compatible with its contents, kept closed when not filling or emptying, inspected, managed to prevent ruptures and leaks, and separated from incompatible waste.

The US DOT’s regulations for the transportation of that same hazardous waste are more descriptive and specific than those of the US EPA without necessarily being more restrictive.  This is because the hazardous waste will now leave your property and begin a journey of unknown duration and distance until it reaches its designated facility.  It is important that you are aware of the applicable regulations of the US DOT when selecting a container for the accumulation of your hazardous waste (the selection of the container for a hazardous material or a hazardous waste is known as a Pre-Transportation Function and must be done by a trained HazMat Employee) if you intend to offer the hazardous waste for shipment.

Begin at 49 CFR 173.24 – General Requirements for Packagings and Packages of the US DOT regulations to ensure the selection of the correct packaging.  This section is applicable to bulk and non-bulk packagings, new packagings and reused, and specification and non-specification packagings.  It requires that every packaging used for the shipment of a hazardous material  be designed, constructed, maintained, filled, limited to its contents, and closed, so that under the normal conditions of transportation there is…

• No release to the environment.
• No loss of effectiveness of the packaging due to normal conditions of transportation (temperature, humidity, pressure, shocks, loadings, vibrations, etc).
• No mixture of gases or vapors in the package which could damage it.
• No hazardous material residue on the outside of the package.

In addition to the above, a packaging must be authorized for a hazardous material shipment as specified in Column 8 of the Hazardous Materials Table (§172.101) and as otherwise required by §173.24(c,d).  You’ll have to refer to §173.24(c,d) for the full list of applicable parts and sections as its just too much to list.

The container must be closed properly and, no matter what the regulations require, it is the responsibility of the Shipper to ensure the packagings are compatible with their contents.

Column 8 of the Hazardous Materials Table entry for a Packing Group I (highest degree of danger) Flammable Liquid references §173.201 – Non-Bulk Packagings for Liquid Hazardous Materials in Packing Group I which includes the types of packagings (steel drum, fiber drum, steel box, plastic, etc.) authorized for the shipment of the applicable hazardous material.

Years ago, employed as a truck driver for Laidlaw Environmental Services I would have sworn up and down that you could not use a plastic container for the accumulation and transportation of a hazardous waste.  I now know that – at least according to the Federal regulations of the US DOT & US EPA – such a thing is acceptable.

Attend my training, ask your questions, and see what you learn.

The hazardous waste regulations of the Resource Conservation and Recovery Act (RCRA) created and enforced by the US EPA include an exclusion from regulation as a Solid Waste for certain Industrial Wastewater Discharges.

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Irrigation Return Flows are excluded from definition as a solid waste under the Resource Conservation and Recovery Act (RCRA) and therefore can not be a hazardous waste.

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