If you are a large quantity generator of hazardous waste (generate ≥1,000 kg of hazardous waste/calendar month) or a small quantity generator of hazardous waste (generate >100 kg but <1,000 kg of hazardous waste/calendar month) your off-site shipments of hazardous waste must be documented on a Uniform Hazardous Waste Manifest.  The regulatory responsibilities of a generator don’t end with the shipment, as a matter of fact some of them are just beginning when you print and sign your name and date the manifest in Section 15.

After signing, the driver will give you page 6 and retain pages 1-5.  You are required to retain this copy for three years from the date signed by the initial transporter or until you receive the signed page 3 back from the designated facility (more on that later).

Your State may require you to submit to them a copy of the manifest.  Or, the designated facility’s State (if shipped out-of-state) may require a copy of the manifest.  The time-frame for submittal varies (some States allow as little as 48 hours from the date of shipment) so check with the applicable State Environmental Agency to confirm your responsibilities.  If either requires a copy, be sure to make it a photocopy of page 1 of the manifest since this is likely to be the most legible.  Please note that the driver will take page 1 with them when they leave your site.  It is important that you make a copy of page 1 prior to the driver leaving your site.

You’re still not done.  You must also ensure you receive a signed copy of the manifest from the designated facility within a certain time-frame.  Your responsibilities will depend on your hazardous waste generator status.

If an LQG you must:

1. Contact the primary transporter or the designated facility if you have not received a copy of the manifest signed by the owner or operator of the designated facility within 35 days of the date accepted by the initial transporter.
2. Submit an Exception Report to your State or the USEPA regional office if you have not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days of the date accepted by the initial transporter.

The Exception Report for an LQG must include:

• A legible copy of the manifest for which the generator does not have confirmation of delivery, and;
• A cover letter signed by the generator or his authorized representative explaining the efforts taken to locate the hazardous waste and the results of those efforts.

If an SQG you must:

Your State may also require you to ensure that an out-of-state designated facility sends a signed copy (page 2 is intended) of the manifest back to the agency of your State.  Check with your State Environmental Agency.

Finally, a generator must retain a copy signed page 3 of the manifest, signed by the designated facility, for three years from the date of initial acceptance by the transporter.

The generator requirements for uniform hazardous waste manifests are a mixture of State and Federal regulations that remain unknown to many generators.   Training on the hazardous waste regulations of RCRA is required for LQG’s and a good idea for anyone who wishes their facility to remain in compliance and away from violations and fines.  Contact me to determine what form of training (public workshop or on-site) will work best for you.

Pursuant to 40 CFR 262.34(a)(4) a large quantity generator (LQG) of hazardous waste must have a training program for its facility personnel that is the same as that required for a hazardous waste Treatment Storage and Disposal Facility; the regulations for this training can be found at 40 CFR 265.16 and include the following:

• Training program must be “designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems…”
• Facility personnel must be trained within 6 months of new hire or new job assignment and must be supervised by a trained and knowledgeable employee in that time.
• Facility personnel must take part in an annual review of the initial training.

Your best practice is to ensure that facility personnel are trained each year, no later than, and ideally before, the anniversary date of their initial training.  However, US EPA is aware that “it may be infeasible for companies with many employees to train each employee exactly one year after the last training…” so it has allowed for annual training to be completed within 90 days after the anniversary date (RO14286).  Note however in this case that the extended period was not due to a busy schedule or error on the part of the generator but instead was the result of a training policy that allowed, in some cases, for up to 15 months to pass between refresher training.  Also please note that US EPA “does expect companies to attempt to provide training so that personnel are trained every year.”

If you generate a waste oil as a by-product of your operations (i.e., a generator of Used Oil) you may be able to take advantage of the relaxed regulatory requirements of the U.S. Environmental Protection Agency (USEPA) and those of your state for the management of this waste as a Used Oil.  In addition to less restrictions for on-site handling the used oil regulations of the US EPA at 40 CFR 279 provide used oil generators with additional options for transportation and recycling.

Definition of Used Oil:

A used oil is defined by regulation as, “Any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities.”  It is worth some repetition in order to emphasize the most important conditions of this definition, a used oil must be…

1. Refined from crude oil or any synthetic oil; it cannot be a vegetable or animal oil/grease,
2. Used or unused; and;
3. Contaminated as a result of its use by physical or chemical impurities (i.e., is too spent or too dirty for continued use).

Refer to Table 1 for further description of what can and cannot be regulated as a used oil.

Table 1:

If your used oil meets the above definition, then it may be managed per the used oil regulations even if it meets the definition of a characteristic hazardous waste.  You may not, however, use the used oil option if it contains a listed hazardous waste.  Table 2 contains a summary of characteristic and listed hazardous waste.

Table 2:

Applicability of Used Oil Regulations:

Even if the above definition is met, there are some instances where you may not be able to take advantage of the used oil option.  The used oil regulations are designed to encourage recycling but also protect the environment; this requires the exclusion of some waste from management as a used oil.

First, it is assumed that all used oil generated will be recycled instead of disposed as a waste.  This allows you as the generator to comply with the used oil regulations regardless if a transporter, processor, or other handler down the line decides to dispose of it as a waste instead of recycle.  In that case the burden of complying with the applicable hazardous waste regulations lies with the handler who chooses disposal over recycling and does not impact your handling of it as a used oil.

One way your oil may be ineligible for management as a used oil is because of something known as the “Rebuttable Presumption”.  It works like this:  at some point prior to recycling your used oil must be sampled and analyzed to determine its total halogen content (fluorine, chlorine, bromine, iodine, or astatine) by the transporter, processor, re-refiner,transfer facility, or other handler – a generator may perform the analysis but it is not required.  If the results of this test indicate the total halogen content is >1,000 ppm, then the used oil is presumed to contain a spent chlorinated solvent and to be a listed hazardous waste from a non-specific source with the waste codes of either F001 or F002 (see Table 2).  This presumption, known as the “Rebuttable Presumption”, precludes the waste’s management as a used oil unless you as the generator are able to do one of the following:

1. Find an exemption/exclusion from the “Rebuttable Presumption”.
2. Rebut the presumption by demonstrating the oil does not contain a listed hazardous waste.

A second way your oil may be ineligible for the used oil option is if it has been mixed with a characteristic hazardous waste and the resulting mixture exhibits any of the characteristics of a hazardous waste; an exception to this exists for a waste that is hazardous solely for the characteristic of ignitability.  If an ignitable hazardous waste is mixed with a used oil the resulting mixture may be managed as a used oil as long as it doesn’t display the characteristic of ignitability.

And, of course, the mixture of an oil with any listed hazardous waste precludes its management as a used oil.

See Table 2 for a summary of characteristic and listed hazardous waste.

Requirements for Management of Used Oil:

The used oil regulations contain specific requirements for generators, they include:

• Label containers, above-ground tanks, and underground tank fill pipes as “Used Oil”.  This is very important, labeling as “Waste Oil”, “Bad Oil”, “Oil for Recycling”, etc. is frequently cited as a violation by the US EPA.  Pennsylvania is the only State that identifies this waste as “Waste Oil”.
• Maintain used oil containers and tanks in good condition with no leaking.
• If a leak or spill occurs, promptly clean it up with dry methods and dispose of any waste properly.
• Also, you should…
  • Comply with your State’s applicable requirements for the storage of flammable, combustible, and hazardous materials.
  • Comply with the US EPA Spill Prevention, Control and Countermeasure (SPCC) regulations of the Clean Water Act if your on-site storage of all oil is above threshold amounts.

Transportation of Used Oil:

The used oil transporter you select must comply with the following:

• Have a US EPA identification number.  It may also require a State solid waste transportation license, check with your State.
• Meet all applicable regulations of the US DOT for the transportation of hazardous materials.
• Comply with the used oil regulations (Federal and State) applicable to used oil transporters.

There is a special arrangement you may be able to make with your transporter known as the tolling arrangement that removes the requirement for the transporter to have a US EPA identification number.   To be eligible for the tolling arrangement the used oil must be reclaimed under a contractual agreement where the reclaimed oil is returned by the processor or re-refiner to the generator for use as a lubricant, cutting oil or coolant.

Management Options for Used Oil:

A used oil generator also has some options available that make the management and disposal of used oil even easier and possibly a net benefit:

1. You may self-transport up to 55 gallons of your own used oil to a registered used oil collection center or between your facilities to a central aggregation point.  You may also transport used oil collected from household do-it-yourselfers or small farmers (those who generate an average of <25 gal/month of used oil in a calendar year) to your facility or an aggregation point.  In either case, the transportation must be in a company or employee-owned vehicle.
2. You may filter, clean, or otherwise recondition used oil for reuse on-site.
3. You may burn used oil on-site in a space heater if all of the following conditions are met:
   • Maximum design capacity of the heater is ≤500,000 BTU”s/hour.
   • Combustion gases are vented to the outside.
   • Sources of used oil are limited to:  on-site generation or other locations owned by the company (you can use self-transportation to aggregate volumes) or receive directly (without a middle-man or used oil marketer) from household do-it-yourselfers or small farmers.

Prohibitions on the Management of Used Oil:

Used oil may not be…

• Managed in surface impoundments or waste piles unless permitted.
• Used as a dust suppressant.
• Burned in a non-exempt boiler or space heater (see above).

Conclusion:

Used oil is a type of waste the USEPA believes can be managed in a way that protects human health and the environment without resorting to full regulation as a hazardous waste under the Resource Conservation and Recovery Act (RCRA).  For this reason the used oil regulations were created.  Make certain that you comply with the relaxed regulatory requirements and take advantage of the options available to you as a generator of used oil.

If you are a Small Quantity Generator (SQG) of hazardous waste, you may be aware of the regulations at 40 CFR 262.34(d)(4) that require you – along with large quantity generators and treatment storage and disposal facilities – to comply with the Emergency Preparedness and Prevention regulations of 40 CFR 265, Subpart C.  You may not be aware of the requirements of 40 CFR 262.34(d)(5) for emergency procedures which apply solely to SQGs.  These regulations are sometimes referred to as an SQG’s “Basic Plan”.  They include the following:

§262.34(d)(5)(iv) goes on to specify the applicable responses for an SQGs emergency coordinator in the event of a fire, spill, or an event that could threaten human health outside the facility or a spill that has reached surface water:

If you generate a waste oil as a by-product of your operations (ie. a Generator of Used Oil) you may be able to take advantage of the relaxed regulatory requirements of the US EPA and the Wisconsin DNR for the management of this waste as a Used Oil.  In addition to less restrictions for on-site handling, the used oil regulations of the US EPA at 40 CFR 279 and the Wisconsin DNR at ch. NR 679, Wisconsin Administrative Code provide used oil generators with additional options for transportation and recycling.

Definition of Used Oil:

A used oil is defined by regulation as, “Any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities.”  It is worth some repetition in order to emphasize the most important conditions of this definition, a used oil must be…

1. Refined from crude oil or any synthetic oil; it cannot be a vegetable or animal oil/grease,
2. Used; it cannot be virgin or unused, and;
3. Contaminated as a result of its use by physical or chemical impurities (ie. is too spent or too dirty for continued use).

Refer to Table 1 for further description of what can and cannot be regulated as a used oil.

Table 1:

If your used oil meets the above definition, then it may be managed per the used oil regulations even if it meets the definition of a characteristic hazardous waste.  You may not use the used oil option if it contains a listed hazardous waste.  Table 2 contains a summary of characteristic and listed hazardous waste.

Table 2:

Applicability of Used Oil Regulations:

Even if the above definition is met, there are some instances where you may not be able to manage your waste according to the used oil regulations.  The used oil regulations are designed to encourage recycling but also protect the environment; this requires the exclusion of some waste from management as a used oil.

First, it is assumed that all used oil generated will be recycled instead of disposed as a waste.  This allows you as the generator to comply with the used oil regulations regardless if a transporter, processor, or other handler down the line decides to dispose of it as a waste instead of recycle.  In that case the burden of complying with the applicable hazardous waste regulations lies with the handler who decides on disposal over recycling and does not impact your handling of it as a used oil.

One way your oil may be ineligible for management as a used oil is because of something known as the “Rebuttable Presumption”.  It works like this:  at some point prior to recycling your used oil must be sampled and analyzed to determine its total halogen content (fluorine, chlorine, bromine, iodine, or astatine) by the transporter, processor, re-refiner,transfer facility, or other handler – a generator may perform the analysis but it is not required.  If the results of this test indicate the total halogen content is >1,000 ppm, then the used oil is presumed to contain a spent chlorinated solvent and to be a listed hazardous waste from a non-specific source with the waste codes of either F001 or F002 (see Table 2).  This presumption, known as the “Rebuttable Presumption”, precludes the waste’s management as a used oil unless you as the generator are able to do one of the following:

1. Find an exemption/exclusion from the “Rebuttable Presumption”.
2. Rebut the presumption by demonstrating the oil does not contain a listed hazardous waste.

A second way your oil may be ineligible for the used oil option is if it has been mixed with a characteristic hazardous waste and the resulting mixture exhibits any of the characteristics of a hazardous waste; an exception to this exists for a waste that is hazardous solely for the characteristic of ignitability.  If an ignitable hazardous waste is mixed with a used oil the resulting mixture may be managed as a used oil as long as it doesn’t display the characteristic of ignitability.

And, of course, the mixture of an oil with any listed hazardous waste precludes its management as a used oil.

See Table 2 for a summary of characteristic and listed hazardous waste.

Requirements for Management of Used Oil:

The used oil regulations contain specific requirements for generators, they include:

• Label containers, above-ground tanks, and underground tank fill pipes as “Used Oil”.  This is very important, labeling as “Waste Oil”, “Bad Oil”, “Oil for Recycling”, etc. is frequently cited as a violation by the US EPA and the WDNR.
• Maintain used oil containers and tanks in good condition with no leaking.
• If a leak or spill occurs, promptly clean it up with dry methods and dispose of any waste properly.
• Also, you should…
• Comply with the applicable WI Department of Commerce Flammable, Combustible and Hazardous Liquids requirements in ch. Comm 10, Wis. Adm. Code.
• Comply with the US EPA Spill Prevention, Control and Countermeasure (SPCC) regulations of the Clean Water Act if your on-site storage of all oil is above threshold amounts.

Transportation of Used Oil:

The used oil transporter you select must comply with the following:

• Have a US EPA identification number and a WDNR solid waste transportation license.
• Meet all applicable regulations of the US DOT for the transportation of hazardous materials.
• Comply with the used oil regulations (Federal and State) applicable to used oil transporters.

There is a special arrangement you may be able to make with your transporter known as the tolling arrangement that removes the requirement for the transporter to have a US EPA identification number; the requirement for a WDNR solid waste transportation license remains however.   To be eligible for the tolling arrangement the used oil must be reclaimed under a contractual agreement where the reclaimed oil is returned by the processor or re-refiner to the generator for use as a lubricant, cutting oil or coolant.

Management Options for Used Oil:

A used oil generator also has some options available that make the management and disposal of used oil even easier and possibly a net benefit:

1. You may self-transport up to 55 gallons of your own used oil to a registered used oil collection center or between your facilities to a central aggregation point.  You may also transport used oil collected from household do-it-yourselfers or small farmers (those who generate an average of <25 gal/month of used oil in a calendar year) to your facility or an aggregation point.  In either case, the transportation must be in a company or employee-owned vehicle.
2. You may filter, clean, or otherwise recondition used oil for reuse on-site.
3. You may burn used oil on-site in a space heater if all of the following conditions are met:
• Maximum design capacity of the heater is ≤500,000 BTU”s/hour.
• Combustion gases are vented to the outside.
• Sources of used oil are limited to:  on-site generation or other locations owned by the company (you can use self-transportation to aggregate volumes) or receive directly (without a middle-man or used oil marketer) from household do-it-yourselfers or small farmers.

Prohibitions on the Management of Used Oil:

Used oil may not be…

• Managed in surface impoundments or waste piles unless permitted.
• Used as a dust suppressant.
• Burned in a non-exempt boiler or space heater (see above).

Conclusion:

Used oil is a type of waste that both the US EPA and the WDNR believe can be managed in a way that protects human health and the environment without resorting to full regulation as a hazardous waste under the Resource Conservation and Recovery Act (RCRA).  For this reason the used oil regulations were created.  Make certain that you comply with the relaxed regulatory requirements and take advantage of the options available to you as a generator of used oil.

As a generator (aka:  handler) of Used Oil you have the option to manage it according to the relaxed regulatory requirements of 40 CFR 279 instead of the more stringent regulations for the management of hazardous waste.  This option is available even if the used oil meets the definition of a characteristic hazardous waste (read more about the options for management of Used Oil).  If you choose to utilize the used oil option, you should be aware of the Rebuttable Presumption and your responsibility to prove that your used oil is not a listed hazardous waste and ineligible for the used oil option.

According to 40 CFR 279.10(b)(1)(ii) a used oil containing more than 1,000 ppm total halogens (fluorine, chlorine, bromine, iodine, or astatine) is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in 40 CFR 261, subpart D.  In other words, if the total concentration of halogens is determined to be above the threshold amount, it is presumed that a chlorinated solvent is present requiring the application of the F002 waste code for a spent solvent.  This presumption limits your options for management of the waste to the following:

1. Give up on rebutting the presumption and manage the used oil as a hazardous waste.
2. Determine if an exemption/exclusion from the “Rebuttable Presumption” exists (see below).
3. Demonstrate through testing, generator knowledge or some combination of both that the used oil is not a listed hazardous waste.

Remember, whether you pursue #2 or #3 of the above the burden of proof is on you.  If relying on an exemption/exclusion, ensure it applies to your operations.  If collecting a sample for analysis ensure you use the proper sampling and test methods.  And, if relying on generator knowledge of materials and processes, be sure to use reliable sources of information.  Whichever method you choose take care to document your methods, sources, and conclusions.  For further guidance on rebutting the “Rebuttable Presumption” refer to Section IV of this US EPA guidance document (905-R03-005).

You will not need to rebut the presumption if one of the following exemptions/exclusions apply to your operations:

• A metalworking oil containing chlorinated paraffins where it will be processed by reclamation through a tolling arrangement as described in 40 CFR 279.24(c).
• A used oil contaminated with chlorofluorocarbons (CFC’s) removed from refrigeration units where the CFC’s are sent for reclamation [40 CFR 279.10(b)(1)(ii)(B)].
• A mixture of used oil and TSCA-regulated PCB’s is exempt from regulation as a hazardous waste (as long as it is hazardous only for toxicity characteristic codes D018-D0043).  It may be regulated as a used oil if the PCB concentration is <50 ppm or as a TSCA-regulated PCB waste if the concentration is ≥50 ppm [40 CFR 279.10(i)].
• Used oil from a Conditionally Exempt Small Quantity Generator (CESQG) of hazardous waste may be managed as a used oil no matter the concentration of total halogens consistent with 40 CFR 261.5(j).
• A “do-it-yourselfer” used oil generator and/or farmer who generates an average of 25 gal/month or less of used oil in a calendar year are subject to the exclusion of household solid waste from the definition of hazardous waste at 40 CFR 261.4(b) and 40 CFR 279.20.(1) and (4).

The determination of halogen content must be made prior to recycling – including burning as a fuel – or re-processing and may be made by any of the following parties:

1. Used oil processors and re-refiners must make the determination of total halogen content and maintain records until plant closure.
2. Used oil transporters and transfer facilities, marketers, and burners must make the determination of total halogen content and maintain records for three years.
3. Used oil generators/handlers are not required to determine total halogen content, however, it may be helpful to make the determination in order to be able to rebut the presumption if it arises.

The presence of halogens in used oil above 1,000 ppm leads to the presumption that it is a listed hazardous waste and no longer eligible for the relaxed regulations of the used oil option.  If this occurs, the “Rebuttable Presumption” puts the burden on you to either cite the applicable exemption or rebut the presumption through a combination of testing and generator knowledge.  Be prepared to either cite the applicable exemption/exclusion or assemble the necessary information to rebut the “Rebuttable Presumption”.

The used oil regulations found at 40 CFR 279 are just one small part of the RCRA regulations that apply to any facility that generates hazardous waste.  Another aspect of the regulations require annual training for Large Quantity Generators (LQG’s) of hazardous waste.  Contact me to discuss the training you need to maintain compliance at your facility.

A spent material is defined at 40 CFR 261.1(c)(1) as any  material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing.  Examples of spent materials include:  spent solvents, spent activated carbon, spent catalysts, and spent acids.  A spent material is part of a broader category of used or residual waste-like materials called secondary materials, which includes:

1. spent materials,
2. sludges,
3. by-products,
4. commercial chemical products, and;
5. scrap metal.

To be a spent material it must be…

1. Used and;
2. Because of its use is contaminated or otherwise unable to do what it was produced to do, unless it undergoes regeneration, reclamation, or reprocessing.  Contamination could be any impurity, factor, or circumstance which causes the material to be taken out of service.

Table 1 in 40 CFR 261.2(c) documents the recycling activities available for all secondary materials (including spent materials) and if those recycling options affect the material’s definition as a solid waste.  For a full understanding of all of the potential options available, you’ll have to read the regulations, but in a nutshell:  spent materials are a solid waste if recycled when…

• Applied to the land or used to produce products that are applied to the land (Column 1 of Table 1).
• Used for energy recovery or used to produce a fuel (Column 2 of Table 1).
• Reclaimed, that is processed to recover a usable product or regenerated (Column 3 of Table 1).  There are, however, a bunch of exceptions to this rule that allow for the reclamation of spent materials that are not solid wastes.
• Accumulated speculatively.

Remember, if a secondary material is a solid waste, it has the potential to be a hazardous waste unless exempted elsewhere in the regulations.  If it is not a solid waste, then it cannot be a hazardous waste.

Learn more about the reclamation of spent solvents by distillation.

My RCRA training and HazMat Employee training addresses topics like these and many more.  If you can’t attend one of my training workshops, contact me for a free consultation.

Certain wastes that are to be recycled are not considered to be solid wastes, and therefore cannot be hazardous waste and are not subject to RCRA regulations, if the wastes meet the requirements of 40 CFR 261.2(c).  In brief, this means the recycled waste cannot be…

• Used in a manner constituting disposal.
• Applied to the land.
• Burned for energy recovery.
• And in some cases, reclaimed.

But in all cases except Commercial Chemical Products, if the wastes are accumulated too long they become a solid waste pursuant to the speculative accumulation provisions of 40 CFR 261.2(c)(4).  Speculative accumulation was created to ensure that recycling methods are legitimate and not an attempt to dodge full regulation under RCRA for wastes stored indefinitely prior to recycling.  The regulations describing speculative accumulation can be found at 40 CFR 261.1(c)(8) and summarized as follows:

• A material accumulated before recycling is not accumulated speculatively if you can demonstrate…
1. It is potentially recyclable and there is a feasible means of recycling it, and;
2. 75% by weight or volume of the material present at the beginning of a calendar year (January 1) is either recycled or transferred to another site for recycling by the end of the calendar year (December 31st).  If 75% has not been processed in this way by the end of the calendar year, then the remaining amount becomes a solid waste.  If it is also a hazardous waste, it is subject to the hazardous waste generator accumulation requirements of 40 CFR 262.34 (RO14199).

Also, note the following

• In calculating the percentage threshold, the 75% requirement is to be applied to each distinct type of material that is recycled in the same way.
• The determination of speculative accumulation does not apply to materials accumulating in a unit exempt from the hazardous waste determination pursuant to 40 CFR 261.4(c).  That is hazardous waste generated in product or raw material tanks, vehicles, pipelines, or manufacturing process unit and stored for ≤90 days.
• Once removed from accumulation for recycling, wastes are no longer considered to be accumulated speculatively.

It is interesting to note that the speculative accumulation requirement only applies to solid wastes that are to be recycled and the exclusion from the definition of solid waste.  It does not apply to the recycling of hazardous waste and its exclusion from regulation.  Therefore the determination of speculative accumulation does not apply to materials that are already defined as a solid waste, except for hazardous waste utilized for precious metal recovery.

My Hazardous Waste Personnel Training will teach you how to make a hazardous waste determination including speculative accumulation and your requirements as a generator of hazardous waste.  It will also meet the training requirements of the US EPA.  Contact me to meet your training mandate.

The US EPA regulations that allow for the management of hazardous waste in Satellite Accumulation Areas (SAA’s) provides great flexibility to hazardous waste generators who are able to take advantage of the regulations at 40 CFR 262.34(c).  Benefits include:

• No on-site accumulation time limit (check with your State to confirm this).
• No requirement for weekly inspections of SAA’s.
• Training not required for facility personnel who work only at SAA’s.
• RCRA air emission standards at 40 CFR 265, Subpart AA, BB, & CC don’t apply.

That should be enough, but some mistakenly think that there is one more benefit:  The hazardous waste accumulated in SAA’s does not count toward your monthly hazardous waste generator status determination.  This is mistaken.  Hazardous waste in SAA’s does count towards your monthly hazardous waste generator status; here’s why:

A generator of hazardous waste is required to count all the hazardous waste generated in their facility in a calendar month to determine their generator status unless specifically exempted.  Wastes that are not required to be counted towards generator status are identified in 40 CFR 261.5(c) and in a past article of mine:  Counting Hazardous Waste to Determine Generator Status.  Hazardous wastes accumulated in SAA’s are not included in this list of excluded wastes and must therefore be included in your monthly determination of your hazardous waste generator status (RO 14703 – #12 of the FAQ’s).

Determination of your hazardous waste generator status is an early important step.  If you are a Large Quantity Generator of hazardous waste (LQG) you must also train facility personnel annually to ensure compliance with the RCRA regulations.  Contact me for a free consultation of your RCRA & DOT HazMat Employee training needs.

All too often the costly and time-consuming TCLP test method (Toxicity Characteristic Leachate Procedure) is used to determine the applicability of a characteristic waste code for Toxicity (D004 to D043) when other less expensive options which are accepted by the US EPA are available. (more…)