In an earlier article I directed you towards the applicable regulations (40 CFR 261.5) for determining your hazardous waste generator status.  Specifically, 40 CFR 261.5(c) listed the hazardous wastes that need not be counted toward your generator status.

Another concern when summing the amount of hazardous waste generated is double-counting.  To avoid double counting 261.5(d) lists the types of waste you need not count toward your generator status as they have been counted already:

1. Hazardous waste when removed from on-site storage.
2. Hazardous waste produced by on-site treatment (including reclamation) as long as the hazardous waste was counted once.
3. Spent materials generated, reclaimed, and subsequently reused on site, as long as the spent material is counted once during the calendar month.

The key determination in each of the above situations is:  When is the Point of Generation (POG) of the hazardous waste?  If you know that, then understanding of the above regulations becomes easier.  So…

1. “Hazardous waste when removed from on-site storage.”:  The POG is the process, event, or activity that created the hazardous waste which, we can assume, was then transferred to the on-site storage area.  It is counted towards your generator status at the POG, anything after that would be double-counting and is not necessary.
2. “Hazardous waste produced by on-site treatment (including reclamation) as long as the hazardous waste was counted once.”:  On-site treatment and reclamation can be tricky, you may wish to read my articles on the topics of:  Treatment of Hazardous Waste and Spent Solvent Reclamation.  In brief, on-site treatment involves a process where a spent material is removed from its POG as a hazardous waste, treated, and then either returned to use or disposed of.  The treatment process may itself generate a hazardous waste which is referred to here.  If you counted the hazardous waste as it entered treatment, there is no need to count the hazardous waste generated by the treatment.
3. “Spent materials generated, reclaimed, and subsequently reused on site, as long as the spent material is counted once during the calendar month.”:  In this example a spent material is removed from its POG as a hazardous waste, but is in some way made suitable for reuse on site.  This may happen several times during a calendar month.  In this situation, you need only count the amount of hazardous waste the first time it is generated in that month.  Note that a new month means counting the spent material again even if it is an amount carried over from the previous month.

Correctly accounting for the hazardous waste you generate is an early step in maintaining compliance with the regulations of the EPA.    You must then comply with the applicable regulations based on your hazardous waste generator status.  One of the requirements of a Large Quantity Generator (LQG) is to provide annual training for all personnel exposed to hazardous waste.  Contact me for a free consultation of your requirements to provide RCRA Training for Hazardous Waste Personnel and DOT HazMat Employee Training.

In order to determine your status as a generator of hazardous waste:  Large Quantity Generator (LQG), Small Quantity Generator (SQG), or Conditionally Exempt Small Quantity Generator (CESQG), you must know how much hazardous waste and/or acute hazardous waste you generate in a calendar month (EPA guidance:  Generator Summary Chart).  Just as important as knowing what waste to count is knowing what waste not to count towards your generator status.

The applicable regulations can be found in 40 CFR 261.5 which is entitled:  Special Requirements for Hazardous Waste Generated by Conditionally Exempt Small Quantity Generators.  Don’t let the title fool you, while a reasonable person may infer these regulations apply only to CESQG’s in fact they apply to all generators of hazardous waste.

According to 40 CFR 261.5(c), when determining your hazardous waste generator status, you must count all hazardous waste you generate, except hazardous waste that:

• Is exempt from regulation in §§261.4(c) through (f), 261.6(a)(3), 261.7(a)(1), or 261.8:

– §261.4(c) allows for exemption from regulation as a hazardous waste for up to 90 days for a hazardous waste generated in an out of service product or raw materials storage tank, vehicle, manufacturing process or unit, or pipeline.

– §261.4(d-f) allows for exemption from regulation as a hazardous waste for waste characterization samples and treatability samples.

– §261.6(a)(3) exemptions from RCRA regulation for specified recyclable materials.

– §261.7(a)(1) is the exemption from RCRA regulation for the residue of empty containers (aka:  The RCRA Empty Exemption).

– §261.8 is the exemption from regulation under RCRA for PCB’s regulated under the Toxic Substances Control Act (TSCA).

• Is managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in §260.10.
• Is recycled, without prior storage or accumulation, only in an on-site process subject to regulation in §261.6(c)(2).
• Is used oil managed under the requirements in §261.6(a)(4) and Part 279.
• Is spent lead-acid batteries managed under the requirements in Part 266, Subpart G.
• Is universal waste managed pursuant to §261.9 and Part 273.

Research these regulations carefully to ensure the determination of your hazardous waste generator status is correct.  Then contact me for a free consultation of your requirements to provide RCRA Training for Hazardous Waste Personnel and DOT HazMat Employee Training.  I provide both of these in one day training sessions either at public events or at your facility.

You may also be interested in this article where I review the regulations regarding double-counting of your hazardous waste generation.

Waste Minimization is not just a nice sounding phrase that we roll out once a year around Earth Day.  As a generator of hazardous waste 40 CFR 262.27 requires you to demonstrate some form of waste minimization activity depending on your hazardous waste generator status.

If you are unaware of this requirement, you need only read Section 15 (Generator’s/Offeror’s Certification) of the Uniform Hazardous Waste Manifest the next time you ship hazardous waste off-site; the last line reads:

I certify that the waste minimization statement identified in 40 CFR 262.27(a) (if I am a large quantity generator) or (b) (if I am a small quantity generator) is true.

Note that the applicable waste minimization statement depends on your hazardous waste generator status (LQG v. SQG); CESQG is not required to take steps for waste minimization, and indeed, is not required to use the Uniform Hazardous Waste Manifest at all.  You must then refer to the applicable regulations to determine your responsibility.

Large Quantity Generator @ 40 CFR 262.27(a) reads:

I am a large quantity generator. I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined to be economically practicable and I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes the present and future threat to human health and the environment.

Small Quantity Generator @ 40 CFR 262.27(b) reads:

I am a small quantity generator. I have made a good faith effort to minimize my waste generation and select the best waste management method that is available to me and that I can afford.

So, an LQG must have a “program in place…” while an SQG need only make a “good faith effort…”.  Neither mandates a written Waste Minimization Plan, though it may be a good idea if for no other reason than to have an easy means of demonstrating compliance in the event of an inspection.  EPA outlined six basic elements that should be included in the waste minimization program in the May 28, 1993 Federal Register (58 FR 31114), they include:

1. Top Management Support
2. Characterization of Waste Generation and Waste Management Costs
3. Periodic Waste Minimization Assessments
4. Cost Allocation
5. Technology Transfer
6. Program Implementation and Evaluation

If you are not in compliance with 40 CFR 262.27 take note that every time you or an employee sign the uniform hazardous waste manifest you are certifying that you do have such a program.  Your next EPA inspection may be the one where you are required to demonstrate compliance.

Check out this Guide to Writing a Waste Minimization Plan from the Florida Department of Environmental Protection

The use of the manifest identifies you as a generator of hazardous waste and as a shipper of hazardous materials, which includes hazardous waste.  You are required to provide HazMat Employee Training and RCRA Training for Hazardous Waste Personnel.

The federal regulations of the U.S. Environmental Protection Agency (USEPA) at 40 CFR 261.7(a)(1) read, “Any hazardous waste remaining in either: an empty container; or an inner liner removed from an empty container, as defined in paragraph (b) of this section, is not subject to regulation under parts 261 through 268, 270, 0r 124 of this chapter or to the notification requirements of section 3010 of RCRA.”  In other words, if a container meets the definition of an empty container (aka:  RCRA Empty) as defined in paragraph (b) then it is not subject to regulation under RCRA as a hazardous waste.

The definition of an empty container in paragraph (b) includes a container or an inner liner removed from a container that has held any hazardous waste.  The determination of an empty container for compressed gases and acute hazardous waste are distinct from all other hazardous waste and are addressed later in this article.

RCRA Empty determination for a container of hazardous waste Option #1:

1. All wastes have been removed that can be removed using common practices to remove materials, eg. pouring, pumping, and aspirating, and
2. No more than 2.5 cm (1 inch) of residue remains on the bottom of the container.

Or…

RCRA Empty determination for a container of hazardous waste Option #2:

All wastes have been removed that can be removed using common practices to remove materials, eg. pouring, pumping, and aspirating, and

• For containers ≤119 gallons in size (non-bulk containers):  No more than 3% by weight of the total capacity of the container remains in the container or inner liner, or
• For containers >119 gallons in size (bulk containers):  No more than 0.3% by weight of the total capacity of the container remains in the container or inner liner.

You are free to choose either of the two options above in determining if your container meets the definition of empty per paragraph (b).  Note that Option #1 is process oriented in its definition whereas Option #2 is a results oriented standard depending on the capacity of the hazardous waste container.

RCRA Empty determination for a hazardous waste that is a compressed gas:

• When the pressure in the container approaches atmospheric.  A subjective definition, but it means that your compressed gas container better be empty if you intend to use the RCRA Empty Exemption.

RCRA Empty determination for a container of an acute hazardous waste:

•  The container or inner liner has been triple rinsed by a solvent capable of removing the residue (either a commercial chemical product, or a manufacturing chemical intermediate; or
• The container or inner liner has been cleaned by another method that can be shown by scientific literature or by testing to achieve equivalent removal; or
• The inner liner, which prevented contact of the material with the container, has been removed.  In this case the container may then be suitable for the RCRA Empty Exemption, not the liner.

If your containers meet the definition of RCRA Empty, then the residue is not subject to the hazardous waste regulations under RCRA, no matter the total quantity of the residue.  This provides you with the freedom from regulation to pursue recycling or reconditioning options with your containers.

However, use extreme caution when managing any “empty” containers.  Especially if you are unaware of the residue they contain.  Article in Milwaukee Journal/Sentinel: Empty industrial barrels present deadly dangers.

The wastes generated in the average American home may be just as hazardous for human health and the environment as any waste generated in an industrial or commercial setting; think of things like paints (both liquid and aerosol), bleach, toilet bowl cleaners, oven cleaners, ammonia, and more.  And yet, as is often pointed out to me during one of my training sessions, there are no EPA regulations for household hazardous waste.  What gives?

The answer is simple, and unsatisfactory, the EPA specifically exempted household waste from regulation as hazardous waste at 40 CFR 261.4(b)(1).  While I’m sure it had its reasons for creating this exclusion – just think of the nightmare of regulating each US household – the end result is that a lot of hazardous waste may be disposed of improperly.  The exclusion still leaves household waste regulated as a form of solid waste known as municipal solid waste, subject to Subtitle D of the Resource Conservation and Recovery Act.  It is not, however, regulated as a hazardous waste by the US EPA.

The household waste exclusion is available for any material derived from households including:  garbage, trash and sanitary wastes in septic tanks.  A household means more than just a house and includes single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds and day-use recreation areas.  The exclusion applies to the waste from its point of generation and continues throughout its waste management cycle and therefore includes  household waste that has been collected, transported, stored, treated, disposed, recovered (e.g., refuse-derived fuel) or reused.  In other words, no matter how it is handled after its generation, the exclusion of 40 CFR 261.4(b)(1) remains in place (RO 11782).

Even if allowed by the EPA, leaving household hazardous waste at the curb for routine disposal in a municipal solid waste landfill (Subtitle D) is not a good idea.  First of all State law and municipal regulations may preclude such disposal, so check with your State and local agencies.  Also, it’s not a good idea, and many communities have places to go with household hazardous waste that ensure proper disposal at little or no cost.  A good place to start is the EPA homepage for household hazardous waste.

Though I don’t spend a lot of time on household waste during my RCRA Training, I include it as a point of reference for industrial hazardous waste – which is the focus of the training – and to illustrate one of the many exclusions from RCRA that exist in the regulations.  By attending one of my combined RCRA Training and HazMat Employee Training events (either open enrollment or on-site) you will learn how the regulations affect your operations and what exclusions from regulation you may be able to take advantage of.  Please contact me for a free consultation of your training needs.

I hope you use my services to provide RCRA Training to your Hazardous Waste Personnel as required by the US EPA (and your State).  However, there are other training providers out there and perhaps you are considering one of them.  If so, I encourage you to ask them the following questions.  Their response to them, as compared to mine, will help you in your decision.  You may also be interested in another article of mine:  11 Questions to ask Your HazMat Employee Training Provider.  You may also contact me for a free consultation of your RCRA Training and DOT HazMat Employee Training needs.

1.  What are the regulations that require this training?

A:  The answer is more complicated than it should be.  One of the requirements of a Large Quantity Generator (LQG) of hazardous waste is that it must comply with 40 CFR 262.34(a)(4) which references the training requirements in 40 CFR 265.16 for “Facility Personnel” of a TSDF.  Read here for a more detailed explanation of the regulatory requirements for training the personnel of an LQG.

2.  Who or what are the “Facility Personnel” that I must train?

A:  Personnel or Facility Personnel are defined at 40 CFR 260.10 as “all persons who work at, or oversee the operations of, a hazardous waste facility, and whose actions or failure to act may result in noncompliance with the requirements of part 264 or 265 of this chapter.”  While intended for persons at a TSDF, the regulatory reference in #1 above links it to persons at an LQG.  These persons are also known as:  RCRA Personnel or Hazardous Waste Personnel.  Take note that this definition applies not only to your employees, but may also apply to contractors who work at your site (RO14180).

3.  How frequently must I provide training?

A:  40 CFR 265.16(b) mandates training be provided within 6 months of new employment and that untrained employees must be supervised in that time by trained personnel.  All Facility Personnel must receive an annual review of their initial training.

4.  Is your training certified or approved by the US EPA or by a State environmental agency?

A:  Neither the US EPA, nor any State, certify training providers or approve their training programs for use.

5.  When was the last time the training provider received RCRA Training?

A:  40 CFR 265.16(a)(2) requires the training program to be directed by a person who has received annual training.  Your prospective RCRA Training provider should be able to demonstrate they have attended the annual training themselves.

6.  Do the training requirements apply to facility personnel who work only near a Satellite Accumulation Area (SAA) for hazardous waste?

A:  The SAA regulations, found at 40 CFR 262.34(c), and applicable to both LQG’s and SQG’s (Small Quantity Generators of hazardous waste) do not reference the Facility Personnel training requirements of 40 CFR 265.16.  Therefore, you are not required to train personnel whose sole contact with hazardous waste is while it is in the SAA.  However, while not subject to the full training requirements, it is helpful for employees to be aware of the applicable regulations and their responsibility to comply with them.  That is why I include these topics, and others as applicable, in my training.

7.  Do the training requirements apply to facility personnel who work only with Universal Waste or Used Oil?

A:  Universal Waste and Used Oil are exempted by regulation (40 CFR 273 & 279 respectively) from the full requirements of RCRA (the Resource Conservation and Recovery Act) regulations and are not subject to the training requirements.  However, while not subject to the full training requirements, it is helpful for employees to be aware of the applicable regulations and their responsibility to comply with them.  That is why I include these topics, and others as applicable, in my training.

8.  What training is required for an SQG?

A:  As we saw in #1 above, the training requirement in 40 CFR 265.16 as referenced in 40 CFR 262.34(a)(4) applies solely to LQG’s.  So, while SQG’s do not have a requirement to train their Facility Personnel, 40 CFR 262.34(d)(iii) requires them to “…ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies.”  While not calling out a specific need for training, it leaves the SQG with the challenge of determining how to make their employees “thoroughly familiar” with the applicable regulations and procedures.

9.  Are you a lawyer?

A:  I have nothing against lawyers, and in some situations, their services are invaluable.  However, they don’t always make the best trainers because their experience has been interpreting the regulations and their legal justification instead of what you must do to comply with them.  In contrast, my experience prior to starting this business has been “on the shop floor”:  driving a truck, handling hazardous waste, completing weekly inspections, conducting agency inspections, preparing shipping papers, and more of the like.  I feel my job as your trainer is to reveal the regulations and teach you methods of compliance I have learned over the years, not the Genesis of the regulations.  At my training you’ll learn how to do your job, not why you have to do it.

Two questions remain, perhaps the questions:

1. How much does your training cost?
2. How far will I and my employees have to travel?

My prices for training are the best value you will find.  At my Training Seminars you may register for as low as $299/person, and $259/person for additional coworkers, if more than two weeks prior to the event.  Registration closer to the training date isn’t that much more.

My Training Seminars are held nationwide and year round, so there’s a good chance I will be coming to your area soon.  If you don’t find a convenient date or location, or if you have many people to train, consider Onsite Training.  For a flat fee of $1,999 and $10/trainee I will travel to your site and provide a full day of RCRA Training and HazMat Employee training if necessary.

A generator of hazardous waste is defined in the regulations of the U.S. Environmental Protection Agency (USEPA) at 40 CFR 260.10 as any person, by site, whose act or process produces hazardous waste identified or listed in Part 261 or whose act first causes a hazardous waste to become subject to regulation.

This may seem straightforward, but there are four important terms in this definition that must be properly understood. (more…)

If your operations generate empty – or nearly empty – aerosol cans as a waste you must be aware of your requirements as a generator of hazardous waste under the Resource Conservation and Recovery Act (RCRA).  First of all, you must be aware that unless the aerosol cans meet the definition of RCRA Empty found at 40 CFR 261.7 it is subject to the requirement to perform a hazardous waste determination per 40 CFR 262.11.  This determination may very well reveal that your aerosol cans are a characteristic hazardous waste for Ignitability or Reactivity, or perhaps a listed hazardous waste.  Don’t panic however, RCRA includes an exemption from full regulation that can include your aerosol cans, if managed properly.

The key is the Scrap Metal Exemption found at 40 CFR 261.6(a)(3)(ii).   The exemption exists because EPA believes that some wastes – even hazardous wastes – pose a lower risk to the environment when recycled.  The exemption allows for certain recycled hazardous materials (known as “recyclable materials”) to be released from full regulation as a hazardous waste under Subtitle C of RCRA.

Scrap metal is a solid waste when disposed of or recycled.  However, if recycled (i.e., reclaimed to recover a usable product), the Scrap Metal Exemption can be used to exempt it from regulation as a hazardous waste.  What, therefore, is a scrap metal?  Defined at 40 CFR 261.1(c)(6) as, “bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.”  Some key points of the definition:

• “Bits and pieces of metal parts” or metal pieces combined to make manufactured articles.  It does not include dusts, fines, or sludges.
• Must be “worn or superfluous”, i.e., no longer fit for use.
• “Can be recycled”.  It must be acceptable to a recycler.

Many items may fit into this definition, one of them is a steel aerosol can; with or without the residue of a liquid or a compressed gas.  If applicable, the scrap metal exemption allows you to accumulate, store, empty, puncture, and drain your steel aerosol cans as part of the recycling process exempt from RCRA regulation.  EPA does not regulate this exempt recycling process, but it does recommend you…

• Empty the aerosols in a safe manner and in a way that protects the environment.  This means don’t brace the can and whack it with a hammer and nail (I’ve seen it done) or throw it into a bonfire for kicks (don’t get any ideas).
• Capture the compressed gases and any liquid residue.  The liquid residue will likely be a hazardous waste for Ignitability and possibly for a listed hazardous waste.  If a filter is used to capture the released compressed gases, that will be subject to a hazardous waste determination as well.

A good way to meet the EPA recommendations is to purchase an aerosol can puncture device and install it on a DOT-Approved container.  Follow the manufacturer’s instructions for use of the device, and manage the container as a satellite accumulation area for hazardous waste.

The above is based on the US EPA Federal regulations.  Your state, county, or municipality may have regulations addressing the handling and disposal of aerosol cans.  Also, your scrap metal recycler should be informed of your actions.

UPDATE: EPA proposed in 2018 to allow non-empty aerosol cans to be managed as a universal waste.  Unless the current interruption in federal government operations continues (written 01.21.19), this should become law in 2019.  This will clarify and ease the management of non-empty aerosol cans.

Not only does my RCRA Training meet the regulatory requirements for large quantity generators of hazardous waste, it also contains information that you can apply in your day-to-day operations to maintain compliance.  But RCRA Training is only part of what I do.  I also provide HazMat Employee Training required by the US DOT.  Contact me for a free consultation on your training needs.

Sumter Coatings, Inc. (SCI) in Sumter, SC must pay a $55,000 civil penalty as part of a settlement with the US Environmental Protection Agency for violations of the Resource Conservation and Recovery Act (RCRA) regulations discovered at its facility during a joint US EPA & SC Department of Health and Environment inspection (press release).  Alleged violations of the hazardous waste regulations include:

• Improper management of hazardous waste containers on site;
• Failure to provide a sufficient base beneath containers which held hazardous waste;
• Failure to make a hazardous waste determination;
• Failure to inspect all areas where hazardous waste containers are stored weekly;
• Failure to develop personnel training program to ensure compliance with hazardous waste regulations;
• Failure to update information contained in the contingency plan, along with failing to make arrangements with local police and hospital authorities regarding the contingency plan and submitting copies of the contingency plan to first responders.

It is sadly ironic that yet another company is developing a training program under the shadow of an enforcement action when proactive implementation of RCRA training could have precluded the violations from occurring in the first place.  Hazardous waste training is required for all personnel of a large quantity generator who handle, manage, generate, work around, treat, recycle, etc. hazardous waste and is highly recommended for similar employees of small quantity generators.  In addition to being a regulatory requirement, it is also a good way for you and your personnel to maintain compliance with the full array of hazardous waste regulations applicable to your operations.

I can provide RCRA Training and DOT HazMat Employee training in a variety of formats and locations; either at my open enrollment events held nationwide and year round, or right at your facility with on-site training tailored to your site-specific needs.  Please review my training schedule to find a date and location convenient to you, or contact me for a free training consultation.

Under the authority of the Resource Conservation and Recovery Act (RCRA), US EPA Region 7 ordered an out of business electroplater in Cedar Falls, IA to immediately comply with RCRA regulations and cleanup hazardous waste contamination on its property (press release).

RCRA is typically known for its regulation of hazardous waste “Cradle to Grave”.

• “Cradle” being the hazardous waste generator,
• “to” being the transportation of the hazardous waste to off-site treatment, storage, or disposal, and;
• “Grave”, the final disposition of the waste, typically by application into or on the land.

Less well known is RCRA’s provisions for the remediation or cleanup of hazardous waste from active hazardous waste facilities – such as this one – both generators (ie. Cradle) and Treatment Storage and Disposal Facilities (ie. Grave).

RCRA authority however, does not extend to the remediation and cleanup of hazardous waste contamination at inactive or abandoned sites or from spills that require emergency response.  The cleanup of these sites is left to CERCLA, the Comprehensive Environmental Response, Compensation, and Liability Act; commonly called Superfund.

Whatever the Act or regulation, improper management of hazardous waste can result in significant costs in the form of agency fines and the need for cleanup.  Contact me to ensure your RCRA training and DOT HazMat Employee training is sufficient to prevent an enforcement action of this type.