Prior to May 30, 2017 the Federal regulations of the USEPA lacked a clear definition of the term “acute hazardous waste”.  That changed with the implementation of the Generator Improvements Rule. (more…)

If you are a Large Quantity Generator (LQG) of hazardous waste you may be aware of the requirement to train your Facility Personnel annually.  “But”, you may ask, “ just who are my Facility Personnel?” (more…)

If you generate a hazardous waste that contains economically significant amounts of gold, silver, platinum, palladium, iridium, osmium, rhodium, ruthenium, or any combination of these, you may be able to take advantage of the exemption from regulation found in 40 CFR 266.70 – Recyclable Materials Utilized for Precious Metal Recovery. First, let’s get a better understanding of some of the terms used and the applicability of this exemption.

1. The material to be recovered must be one or more of the following:
   • Gold
   • Silver
   • Platinum
   • Palladium
   • Iridium
   • Osmium
   • Rhodium
   • Ruthenium
2. The exclusion only applies to a recyclable material which, according to 40 CFR 261.6(a)(1), is a hazardous waste (either characteristic or listed) that would be subject to full regulation if sent for disposal but instead is recycled.
3. The recyclable material must be reclaimed which is defined at 40 CFR 261.1(c)(4) as a material processed to recover a usable product, in this case a precious metal.
4. The precious metal to be reclaimed must be in an amount that is “economically significant”.  What does that mean?

EPA’s position has been that indicators of an economically significant amount and therefore legitimate precious metal recovery include:

1. Efficient recovery operations.  You should be making an effort to recover every morsel of the waste due to its value.
2. No land disposal of waste.  Natch.
3. Payment by the reclaimer to the waste generator.  This demonstrates that the waste has an inherent value due to the presence of its precious metals.

The absence of one or more of the above may demonstrate to the EPA that your waste is not eligible for this exemption and may be subject to full RCRA regulation as a hazardous waste.  As the generator, you must be able to demonstrate [see 40 CFR 261.2(f)] you are engaged in a legitimate recovery activity(RO14267).

If you are eligible for this exemption you are subject to the following requirements:

1. Submit a Notification of Regulated Waste Activity form to your State  environmental agency or regional US EPA office as applicable.
2. Use the Uniform Hazardous Waste Manifest for off-site shipments.
3. Refer to 40 CFR 266.70(b)(3) if you intend to import or export waste for precious metal recovery.
4. You must be able to demonstrate through recordkeeping that the recyclable material is not accumulated speculatively as defined at 40 CFR 261.1(c)(8).
5. And that’s it.  No other requirements of the RCRA regulations (labeling, inspections, training, on-site accumulation time limits, etc.) would apply to the waste.

Eligibility of this exemption is determined by the type of waste you generate and the recycling options available to you.  The most important criteria is if the waste has a value due to the presence of certain precious metals.  If it does, you may be able to use this exemption to reduce your regulatory burden.  Training on the hazardous waste regulations of the US EPA – required for facility personnel of a large quantity generator of hazardous waste – is a good idea for anyone who generates a hazardous waste or recyclable material.  You may also be interested in HazMat Employee training required by the US Department of Transportation.  I do both.  Contact me for a free consultation of your training needs.

If you generate spent lead acid batteries (SLABs) you have three options for on-site handling and disposal under the regulations of the Resource Conservation and Recovery Act (RCRA) regulations enforced by the US EPA.  In decreasing order of regulatory burden…

1. Manage as a hazardous waste [characteristic for Corrosivity (D002) and Toxicity for Lead (D008)].  This means notification and reporting as a hazardous waste, labeling and container requirements, inspections, and training commensurate with your generator status.
2. Manage as a universal waste pursuant to the requirements of 40 CFR 273.  This allows for a lesser level of requirements for on-site handling, off-site disposal, and 1 year of on-site accumulation.
3. Manage per the regulations created for the reclamation of spent lead acid batteries:  40 CFR 266, Subpart G.

Option #3 is by far the best, as it entails the least amount of generator requirements for handling and disposal of spent lead acid batteries.  However, before you select this option, you should be aware of the definition of terms used in the regulatory code.

• Reclamation – to be eligible for this exemption, batteries must be destined for reclamation which means, “processed to recover a usable product” and not disposal.
• Spent – this exemption may not be used for new batteries.  Spent means, “it has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing”.
• Lead Acid Batteries – only lead acid batteries (liquid or dry) are eligible for this exemption.  If you generate other batteries (eg. lithium, mercury, silver, nickel/cadmium, etc.), you should consider the universal waste option.
• Intact – though not mentioned specifically in the regulations, this exemption only applies to intact lead acid batteries that are spent and destined for reclamation (RO14147).

The table found in 40 CFR 266.80(a) does a very good job of summarizing the applicable regulations for anyone involved in the generation, collection, storage, transportation, and reclamation of spent lead acid batteries.  Note the following key points from the table:

• (1) If spent lead acid batteries are to be reclaimed by regeneration (such as by electrolyte replacement), then the batteries are not subject to the requirements of RCRA throughout their life cycle (cradle to grave) except for the requirement to identify the batteries as a characteristic or listed hazardous waste per 40 CFR 261 and conduct the hazardous waste determination per 40 CFR 262.11.  This means, no labeling or container requirements, no inspection or employee training, and no time limit for on-site accumulation.
• (2-5) If the batteries are to be reclaimed by a method other than regeneration, then the applicable land disposal restrictions of 40 CFR 268 apply in addition to the hazardous waste identification and determination requirements.
• (4) Storage of the batteries prior to reclamation by a method other than regeneration adds the requirements of 40 CFR 266.80(b) in addition to 40 CFR 261, 40 CFR 262.11, and 40 CFR 268.
• (6-7) Export of spent lead acid batteries for reclamation opens up a whole different can of worms that necessitates a careful reading of the regulations.

40 CFR 266, Subpart G was designed by the US EPA to ensure the safe recycling of spent lead acid batteries in a manner that protects human health and the environment.  If your batteries are reclaimed by regeneration, then you can choose a very light regulatory burden to maintain compliance.  Keep in mind that these are Federal regulations, your State may differ in its regulation of spent lead acid batteries.

Training on the hazardous waste regulations of the US EPA and States with authorized RCRA programs will help you to maintain compliance with all of  the applicable requirements of RCRA.

Like the term “solid waste”, “sludge” when used by the EPA can be confusing.  It can be found in 40 CFR 261.2 as part of EPA’s description of what wastes may and may not be a solid waste (more on that below) .  The reason for this confusion is that the EPA definition of a sludge differs from the common English definition:

EPA definition of sludge from 40 CFR 260.10:  Sludge means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

Whereas the standard English definition:  Thick, soft, wet mud or a similar viscous mixture of liquid and solid components, esp. the product of an industrial or refining process.

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In an earlier article I explained the requirements for training of Facility Personnel at a Large Quantity Generator (LQG) of hazardous waste.  Just as important as providing the correct training is documenting its successful completion, that is the point of this article.

40 CFR 265.16 contains all of the regulations pertaining to the training of Facility Personnel at an LQG.  Paragraph (d) of that section mandates what your recordkeeping must include:

1. The job title for each position at the facility related to hazardous waste management, and the name of the employee filling each job.
2. A written job description for each position listed above.  Description may be consistent with your current job title descriptions (eg. Lead Maintenance, 2nd Shift Crew Chief, etc.), but it must include the requisite skill, education, or other qualifications, and duties of facility personnel assigned to each position.
3. A written description of the type and amount of training (initial and annual review) to be provided.
4. Record of training completion.  If on the job experience is used in lieu of classroom training, then documentation of its completion.

Records of training must be maintained by the owner or operator at the facility.  If a vendor or contractor provides this training for you, make certain you retain copies of the required records at your site.  Training records must be maintained…

• For current personnel until facility closure.
• For former employees at least three years from the last day of employment.

And, an interesting aspect of the training records for Facility Personnel is that while they may be transferred within the same company, they may not be transferred if personnel begin employment with a new company.  I find this interesting since the DOT’s training requirements for HazMat Employees does allow for the transfer of training records between companies.  The EPA realizes that the management of hazardous waste is site specific and requires training that can focus on the safe handling of hazardous waste at that location.

If you wish to receive high-quality RCRA Training and DOT HazMat Employee Training for you and a few coworkers, I suggest you sign up for one of my public/open enrollment training events.  If however, you require training for many employees and/or want site specific training, I suggest you contact me to arrange for on-site training.  Either way, it is important that you comply with the requirement to annually train your Facility Personnel who may be exposed to hazardous waste.

I used to work for a hazardous waste disposal company named Laidlaw Environmental Services in Pecatonica, IL.  A frequent question I was asked as I directed the client to sign the Uniform Hazardous Waste Manifest (Manifest) was:  “Will I go to jail for this?”  I’d laugh and try to reassure them that we had everything under control and they were not going to jail.  But the question is valid:  Can the person who signs the Manifest be held personally liable for errors and omissions on the shipping paper or in the shipment itself?  The answer, is yes.

The EPA notes that its requirements for preparing and signing Manifests are based on the corresponding DOT regulations for the use of shipping papers for hazardous materials.  Note that the Certification Statement in section 15 of the Manifest refers to the “Generator’s/Offeror’s Certification” and not just the generator of the hazardous waste.  Offeror (sometimes used interchangeably with Shipper) is a term used by the DOT.  You can read more about the responsibilities of a shipper/offeror, but in brief, per the DOT an offeror is any person who performs or is responsible for performing a pre-transportation function for the shipment.  This definition is deliberately vague and creates a situation where there may be more than one offeror/shipper, each of which could be held jointly and severally responsible for violations of the Hazardous Material Regulations (HMR).

DOT assumes that the signer of the shipper’s certification will have personal knowledge of the waste shipment and its preparation for transportation.  Not that it is not necessary for the signer to be an officer of the entity generating the waste, it could be anyone (vendor, consultant, employee, carrier) who is knowledgeable about the shipment and the applicable regulations and is willing to sign on the dotted line.

Whomever is to sign the manifest should carefully read the certification statement:

I hereby declare that the contents of this consignment are fully and accurately described abouve by the proper shipping name, and are classified, packaged, marked and labeled/placarded, and are in all respects in proper condition for transport according to applicable international and national governmental regulations.  If export shipment and I am the Primary Exporter, I certify that the contents of this consignment conform to the terms of the attached EPA Acknowledgement of Consent.

Note that the certification covers more than just the information on the Manifest.  You are also certifying that all aspects of the shipment are in compliance with the HMR, so be sure you are involved with the preparation, loading, and securing of hazardous waste shipments prior to signing the Manifest.

But what if I’m trained and knowledgeable, I do my best and sign the Manifest, but something is wrong.  You’re saying I would be held personally liable?  Me?!?  Well, yes.  Typically the employer of the person signing would be subject to enforcement actions, in situations of egregious or criminal violations, the signer could be held personally liable.

Don’t get caught out of compliance.  Contact me for the DOT HazMat Employee Training and the RCRA Training for Hazardous Waste Personnel that will help you to ensure you are following the regulations of both the DOT and the EPA when you ship hazardous waste.

If you generate scrap circuit boards as a waste, you may be unaware of your options for disposal or recycling under USEPAs hazardous waste regulations.  The purpose of this article is to identify and briefly explain your options for the management of scrap circuit boards. (more…)

Pursuant to 40 CFR 262.11 it is the responsibility of the generator to determine if the waste they generate is hazardous.  This responsibility applies to empty steel aerosol cans that are likely generated somewhere within your facility (think:  Maintenance).  While your site specific conditions may vary, for the purposes of this article I will make some assumptions about the contents and nature of your empty aerosol cans.  Based on those assumptions, it is possible that empty steel aerosol cans meet the definition of a hazardous waste:

• D001 for Ignitability – The liquid content residue (if any) and the compressed gas propellant (if any) may separately meet the definition of ignitability.
• D002 for Corrosivity – The liquid content residue (if any) may meet the definition of corrosivity (eg. oven cleaner).
• D003 for Reactivity – The aerosol can as an article may meet the definition of reactivity.
• Doo4 – D043 for Toxicity – The liquid content residue (if any) may meet the definition of toxicity (eg. chlorinated solvents, pesticides).
• U-Listed or P-Listed – The liquid content residue (if any) may be listed at 40 CFR 261.33.

The MSDS and/or analysis of a representative sample will provide you with the information you need to determine if any of the above hazards are present, except for the D003.  Since D003 is determined entirely by your knowledge of the operation (D003 – The Characteristic Hazardous Waste Code for Reactive Waste) there is not an acceptable test method.  And EPA provides little help:

…we are not at this time able to make a categorical determination as to whether various types of cans that may have contained a wide range of products exhibit the characteristic of reactivity.  It remains the responsibility of the generator of any particular waste to make this determination (see 40 CFR 262.11) [RO 11806].

So, the ball is back in your court.  Luckily for you there are some options available for the management of your empty steel aerosol cans, even if they are a hazardous waste; you can read about Managing Aerosol Cans Under the RCRA Scrap Metal Exemption.

Contact me for a free consultation to determine how best to meet the training requirements of the EPA for Hazardous Waste Personnel (RCRA Training) and those of the DOT for HazMat Employees.

The EPA regulations for the management of hazardous waste in “Satellite Accumulation Areas”, which, incidentally doesn’t define or use the term “Satellite Accumulation Areas” can be found at 40 CFR 262.34(c).  Here we learn the seven most important requirements to maintain compliance:

1. No more than 55 gallons of hazardous waste or one quart of acutely hazardous waste.
2. In containers.
3. At or near the point of generation where the waste initially accumulates.
4. Waste is under the control of the operator of the process generating the waste.
5. Comply with 40 CFR parts:  265.171 – Condition of Containers, 265.172 – Compatibility of Waste with Container, and 265.173(a) – Closed Container.
6. Mark container with the words “Hazardous Waste” or other words that identify the contents (ie. Waste Flammable Paint).
7. When volume threshold from #1 is reached, generator has three (3) days to comply with applicable regulations as a generator of hazardous waste (either large quantity generator or small quantity generator).

#7 stated another way:  When the volume threshold is reached the container must be closed, labeled “Hazardous Waste” and the date marked on the container.  Within three days the container must be moved to the Central Accumulation Area (aka:  90/180 day accumulation area).  What is meant by “three days”?  Pursuant to RCRA On-Line FAQ’s:

Three days means three consecutive days.  It does not mean three working days or three business days.  Originally, the Agency had proposed to use 72 hours as the time limit but realized that determining when 72 hours had elapsed would have required placing both the date and time of day on containers.  In the final rule the Agency switched to using three days so that generators only need to date containers that hold the excess of 55 gallons of hazardous waste (or 1 quart of acute hazardous waste).

So, as an example, today is Thursday, May 10th and sometime tonight on second shift a container in an SAA reaches the 55 gallon threshold.  The operator, being properly trained and informed, closes the container, marks the date (4.10.12) on the exterior, and goes home.  If the container is not moved to the CAA on the 11th, by the time you arrive for work on Monday May 14th – only two business days later, but four consecutive days – you’ve got yourself a violation of the regulations.

It’s little things like this that can be misunderstood and result in violations.  It is these aspects of the regulations that I pride myself on covering in my RCRA Training for Hazardous Waste Personnel.  I perform the same service for HazMat Employees who require triennial training by the DOT.  Whether it’s public/open enrollment or on-site, I can provide the training you need in one day.