Thank you so much for the training this morning! Very useful information.
Does a facility that has a written “No Smoking” policy (and possibly signs at the front of the building) required to have the No Smoking signs posted near ignitable and reactive wastes accumulation areas?
Thank you!
My answer 01.30.18:
The answer is yes, “No Smoking” signs must be displayed as indicated even if the facility has a “no smoking” policy [(40 CFR 262.17(a)(vi)(B)].
This letter of interpretation from EPA explains further (RO 14036). Note: The letter is old and it refers to a TSDF but the regulations are the same so I think it would still apply. A formal request for interpretation from EPA could be made as well.
Please contact me if you have any other questions.
That did it!
Wonderful, thank you for the information!
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
Federal regulations of the U.S. Environmental Protection Agency (USEPA) at 40 CFR 262.17(a)(6) require a large quantity generator of hazardous waste (LQG) to comply with the preparedness, prevention, and emergency procedure standards of 40 CFR 262, subpart M. This article is the eighth in a series that looks closely at each of the sections in subpart M to clearly describe the responsibilities of a LQG.
The purpose of this article is to address the requirements of 40 CFR 262.260 Purpose and implementation of contingency plan. (more…)
I was searching Google when a link to your site came up. We are having to transport sludge and scum from an old wastewater plant across town to a newer plant. We are doing this in a tank truck. What placards do we need to put on the truck?
My answer that same day:
I will do my best to answer your question below.
If the waste is from a domestic sewage wastewater treatment plant it likely will not be a RCRA hazardous waste per USEPA regulations. However, the generator of the waste must complete a hazardous waste determination.
It may be regulated as a Division 6.2 Infectious Substance according to USDOT/PHMSA Hazardous Materials Regulations if it is known or reasonably expected to contain a pathogen (49 CFR 173.134). However, pursuant to 49 CFR 173.134(b)(13)(ii), sanitary sewage or sludge is excepted from regulation as a Division 6.2 Infectious Substance (LOI 16-0019).
The transport in a tank truck will likely be subject to California regulations as a commercial vehicle. I am not sure if California has a government employee exemption.
It’s handling may be subject to Health Department regulations.
Human waste is not a USEPA hazardous waste though it may be subject to California’s more strict regulations as a non-RCRA hazardous waste.
Its transportation is not subject to the USDOT/PHMSA HMR when transported, and therefore no placards are required.
Due to the size and type of the vehicle it may be regulated in California as a commercial vehicle. This may require fees, registration, driver licensing, &etc.
I hope this helps.
Please contact me with any other questions.
Conclusion:
That did it! The regulations for the cradle-to-grave management of hazardous waste are more stringent in their application and more broad in their scope than are the regulations of USEPA or any other state. If you generate, transport, or manage hazardous waste in California – this includes both RCRA hazardous waste and non-RCRA hazardous waste – you must comply with the regulations of the Department of Toxic Substances Control (DTSC) and your Certified Unified Program Agency (CUPA).
We have about forty 1,000 pound super sacks that we need to ship for disposal before the end of the year.
They will ship as Environmentally hazardous Substance Solid nos UN 3077.
Waste codes D007 and D011 (due to toxic levels of chromium and silver, respectively).
Looking at the 172.101 table (the hazardous materials table at 49 CFR 172.101) we can ship using IP3 = flexible IBC must be sift-proof and water-resistant. (IP3 is a special provision code found in column 7 of the hazardous materials table).
I think that is all we need. They do not need to be otherwise UN rated sack.
Am I right?
Thanks
Before I could answer he provided more information (12.08.17):
I was just told that since it is a hazardous waste that we should ship as a hazardous waste, not hazardous substance name so we are not allowed IP3 and must follow IB8.
Thoughts?
My answer (12.08.17):
I believe I have an answer to your question below.
I do not believe the HazMat you describe can be classified as UN3077, Environmentally hazardous Substance, Solid, n.o.s. This is because special provisions code 146 in column 7 for that entry reads as follows (emphasis added):
This description may be used for a material that poses a hazard to the environment but does not meet the definition for a hazardous waste or a hazardous substance, as defined in §171.8 of this subchapter, or any hazard class, as defined in part 173 of this subchapter, if it is designated as environmentally hazardous by another Competent Authority. This provision may be used for both domestic and international shipments.
Since this HazMat is a hazardous waste (USEPA hazardous waste codes D007 & D011) and will likely be an reportable quantity (RQ) of a hazardous substance for one or both, it can’t be shipped as UN3077, Environmentally hazardous substance, solid, n.o.s.
Instead, I believe, it must be classified as: NA3077, Hazardous waste, solid, n.o.s., 9, PG III.
Both UN3077 and NA3077 are subject to special provision code IB8 which indicates the need for specification packaging when shipping in an IBC (intermediate bulk container).
UN3077 alone is subject to IP3 which is in addition to IB8 and not a replacement for it.
Both UN3077 and NA3077 are subject to bulk packing instructions at 49 CFR 173.240. While these packing instructions allow for non-DOT specification rail cars (paragraph a), motor vehicles (paragraph b), and portable tanks and closed bulk bins (paragraph c), it requires specification packaging for IBCs (paragraph d).
In short, this HazMat must be classified as NA3077, Hazardous waste, solid, n.o.s., 9, PG III and if shipped in an IBC must be packed in a DOT specification packaging.
I hope this helps. Please contact me with any other questions.
Interested in a Webinar that covers this topic, and more!
Sooner or later most generators of hazardous waste must prepare that waste, and offer it, for transportation to an off-site treatment, storage, and disposal facility (TSDF) for final disposal. The off-site transportation of the hazardous waste must be done in compliance with Federal regulations of the U.S. Environmental Protection Agency (USEPA), a state environmental agency if the state has an authorized hazardous waste program, and the Federal regulations of the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA). At a minimum this will require the completion of the Uniform Hazardous Waste Manifest (the Manifest), which must be completed by the generator of the hazardous waste, and signed by both the generator / offeror of the hazardous waste and the initial transporter before it can begin transportation to the designated facility.
Handlers of hazardous waste have expressed concern with customer interaction to obtain the generator’s signature on the Manifest and have requested that transporters be allowed to sign the name of the generator on the Manifest to maintain social distancing during the COVID-19 public health emergency. USEPA responded to this concern with a memorandum issued May 18, 2020 explaining a temporary policy.
The purpose of this article is to explain USEPA’s temporary policy of May 18, 2020 for obtaining the necessary signatures on the Uniform Hazardous Waste Manifest during the COVID-19 public health emergency.
Just another skip bin in an industrial setting. Nothing to see here. But I always have to look inside.
At first look, nothing seems amiss: Mostly empty. Some rain water. A few pieces of what appears to be metal scrap.
But look closer. In addition to some legitimate scrap metal I see the following:
Unpunctured aerosol can
Undrained used oil filter
Aluminum can
And (not a subject for this article, but important nonetheless) accumulated storm water contaminated with rust.
The first two items represent a potential violation of the regulations of Resource Conservation and Recovery Act (RCRA) enforced by the U.S. Environmental Protection Agency (USEPA) and state environmental agencies if that state has an authorized hazardous waste program. The third item is just bad practice. The last is a potential violation of USEPA’s storm water pollution prevention regulations under the Clean Water Act (CWA). Let’s take a closer look.
Interested in a Webinar that covers this topic, and more!
“Scrap metal” is 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.
Also, scrap metal is intended to be recycled so it must have significant metal content, more than 50% per RO 13356.
Any of the items in the image could meet the above definition of scrap metal. And, it appears to me they are destined for recycling.
Per §261.1(c)(11-12) scrap metal may also be “Home scrap metal” or “Prompt scrap metal”:
“Home scrap metal” is scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.
“Prompt scrap metal” is scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal.
An example of Home or Prompt Scrap Metal
Nothing in the skip bin looks like home scrap metal or prompt scrap metal.
So, scrap metal for recycling. No problem right? Well…
Pursuant to §261.2 – Table 1, a scrap metal that is not excluded under 40 CFR 261.4(a)(13) is a solid waste (and then likely a hazardous waste) even when it is recycled by reclamation. Read this article: The Scrap Metal Exclusion From Solid Waste 40 CFR 261.4(a)(13) for more in-depth identification of scrap metal excluded under 40 CFR 261.4(a)(13), but for the purposes of this article it is:
Scrap metal that has been or is being processed for recycling at a scrap yard.
Home scrap metal and prompt scrap metal when not processed.
USEPA believes this excluded scrap metal has inherent value and will be managed without damage to the environment regardless of the exclusion. (62 FR 26011)
The scrap metal in the skip bin is not excluded at §261.4(a)(13) and is therefore a solid waste (and likely a hazardous waste).
That brings us to the scrap metal exemption!
§261.6(a)(3)(ii) exempts from all regulation scrap metal not excluded at §261.4(a)(13) as long as it is destined for legitimate recycling. So we’re back to the contents of the skip bin being exempt from all RCRA hazardous waste regulations, great! But, the exemption does not apply to all aerosol cans or all used oil filters.
Management of used Aerosol Cans:
USEPA has struggled with determining the hazardous characteristics of aerosol cans. For a while USEPA’s position was that even empty aerosol cans could be a hazardous waste due to the characteristic of reactivity (D003). (RO 11782)
Regardless of the characteristic of reactivity, a used aerosol can may be a hazardous waste for other reasons:
Characteristic of toxicity (D004-D043). Several of the toxins identified at §261.24 may be contained in an aerosol can at concentrations above the regulatory threshold.
Commercial chemical product (P-codes or U-codes). If the aerosol is not empty as defined at §261.7 and it contains a commercial chemical product listed at §261.33.
I suspect this aerosol can would be a hazardous waste at the point of disposal because either its propellant or its contents are a flammable compressed gas and therefore has the characteristic of ignitability (D001).
However:
However, a steel aerosol can that does not contain a significant amount of liquid would clearly meet the definition of scrap metal…and thus would be exempt from RCRA regulation…if it were to be recycled. (RO11782)
Clearly this determination is subjective. What is a ‘significant amount of liquid’ to you may differ from the opinion of a USEPA or state inspector. RO 11782 once again provides guidance:
Aerosol cans that have been punctured…and drained…would not contain significant liquids.
So. Punctured and drained means no significant liquids. No significant liquids means the aerosol – no matter its propellant or contents – meets the definition of scrap metal. Scrap metal is eligible for the scrap metal exemption and thus not subject to RCRA regulation.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
It does not appear to me the aerosol can has been punctured and drained.
Distinct from all of the above, on 02.07.20 USEPA regulations went into affect allowing the management of aerosol cans – punctured and unpunctured – as a universal waste. Management of aerosol cans as a universal waste requires closed containers that are labeled and dated, limited on-site accumulation, employee awareness training, and more. This aerosol can does not appear to be managed according to the universal waste regulations either.
This image shows (to me) a hazardous waste or universal waste (aerosol can containing a significant amount of liquid) in an unlabeled, uncovered container (the skip bin), with no marked date of initial accumulation, no indication of the hazards… I doubt there are records of weekly inspections or trained personnel either. Trivial as it may seem, this one aerosol can may be a significant violation of Federal and state regulations.
Management of Used Oil Filters:
Depending on their material of construction and whether or not they have been drained, most used oil filters are excluded from the RCRA regulations. If not, they may be eligible for management as a used oil per 40 CFR part 279.
Non-terne-plated filters (terne is a tin/lead alloy) are excluded from regulation pursuant to §261.4(b)(13) if they are gravity hot-drained by a method that will remove the oil. Per USEPA, if oil drips or runs from the filter it is not considered to have been drained. (57 FR 21531) Used oil filters that qualify for the conditional exclusion at 261.4(b)(13) may be managed as non-hazardous waste. (RO 11754)
A used oil filter may also be eligible for the scrap metal exemption if it does not contain a significant amount of liquid. According to §279.10(c), a used oil filter does not contain a significant amount of liquid once the used oil has been drained or removed to the extent possible such that there are no visible signs of fee-flowing oil.
Let’s take a closer look at that used oil filter.
It’s difficult to tell if this filter has been drained so no free-flowing oil remains
A used oil filter that contains visible signs of free-flowing – and is destined for recycling as a used oil – may be managed as a used oil. However, the used oil regulations require a container labeled “Used Oil” and, of course, the used oil filter must be transported to a facility where it may be incinerated or the used oil recovered. I don’t think that is the case here.
A used oil filter may also be managed as a hazardous waste due to toxic levels of lead or some other hazardous waste characteristic in the oil. The determination may be made by the generator based on analysis or generator knowledge.
Contact me the next time hazardous waste generator USEPA training is due to expire.
It does not appear to me the undrained used oil filter is being managed properly under any of the above options. This could be a violation of Federal and state regulations.
Anything else?
Not a regulatory issue, but a economic one. The aluminum can in with the scrap metal is not a violation as it would fall under the scrap metal exemption. However, aluminum cans may fetch anywhere from $.30 to $.40 per pound whereas shreddable steel may only bring $103/ton or $.05 per pound. It makes good economic sense to separate aluminum cans from less valuable scrap. Charities may accept the aluminum cans as well.
Conclusion:
Small things like an aerosol can or used oil filter may be subject to significant hazardous waste regulations of your state or the USEPA. Make certain your waste management procedures are sound to avoid non-compliance and fines.
Federal regulations of the U.S. Environmental Protection Agency (USEPA) at 40 CFR 262.17(a)(6) require a large quantity generator of hazardous waste (LQG) to comply with the preparedness, prevention, and emergency procedure standards of 40 CFR 262, subpart M. This article is the sixth in a series that looks closely at each of the sections in subpart M to clearly describe the responsibilities of a LQG.
The purpose of this article is to address the requirements of 40 CFR 262.255 Required aisle space.
Federal regulations of the U.S. Environmental Protection Agency (USEPA) at 40 CFR 262.17(a)(6) require a large quantity generator of hazardous waste (LQG) to comply with the preparedness, prevention, and emergency procedure standards of 40 CFR 262, subpart M. This article is the fifth in a series that looks closely at each of the sections in subpart M to clearly describe the responsibilities of a LQG.
The purpose of this article is to address the requirements of 40 CFR 262.254 Access to communications or alarm system.
Federal regulations of the U.S. Environmental Protection Agency (USEPA) at 40 CFR 262.17(a)(6) require a large quantity generator of hazardous waste (LQG) to comply with the preparedness, prevention, and emergency procedure standards of 40 CFR 262, subpart M. This article is the fourth in a series that looks closely at each of the sections in subpart M to clearly describe the responsibilities of a LQG.
The purpose of this article is to address the requirements of 40 CFR 262.253 Testing and maintenance of equipment. (more…)
Federal regulations of the U.S. Environmental Protection Agency (USEPA) at 40 CFR 262.17(a)(6) require a large quantity generator of hazardous waste (LQG) to comply with the preparedness, prevention, and emergency procedure standards of 40 CFR 262, subpart M. This article is the third in a series that looks closely at each of the sections in subpart M to clearly describe the responsibilities of a LQG.
The purpose of this article is to address the requirements of 40 CFR 262.252 Required equipment. (more…)
