The Resource Conservation and Recovery Act (RCRA), signed into law in 1976, tasked the US Environmental Protection Agency (EPA) to draft and enforce the regulations that form the Federal program based on the Act.  RCRA authorized EPA to delegate the primary responsibility of implementing the hazardous waste program to States and Territories with approved programs.  To achieve approved program status (aka:  RCRA Authorization), a States’ program must be substantially equivalent to, consistent with, and no less stringent than the Federal program.

What this means is that a State with a business-friendly agenda can’t take the EPA regulations and water them down as a gift to hazardous waste generators within their borders.  A more common occurrence is a State will go beyond the Federal program to be more strict and more broad in its regulation of hazardous waste.  Examples of this include:

• Annual hazardous waste reports instead of biennial.
• State-specific forms required for the Notification of Regulated Waste Activity.
• State-specific listed and characteristic hazardous waste.
• Containment requirements for hazardous waste Central Accumulation Areas at un-permitted hazardous waste generators – EPA requires containment for permitted facilities only.
• Time limits for accumulation of hazardous waste in Satellite Accumulation Areas.
• More…

So, does your State have RCRA Authorization?  Unless your located in Iowa or Alaska, the answer is yes.  These two States lack authorization for a State RCRA program and defer to their EPA Regional authority (Region 7 & 10, respectively) for enforcement of the Federal regulations within their state.  In the remaining 48 states the primary RCRA enforcement authority is that State’s environmental compliance agency (they go by many names).

So that’s the 50 states, but what about the District of Columbia, tribal lands, and the Territories?  The status of those entities are as follows:

Note:  sometimes American Samoa and the Commonwealth of the Northern Mariana Islands are referred to as one entity, the Trust Territories.

FAQs:

Q:  My business is in a state with RCRA authorization, does that mean I don’t have to obey EPA regulations?

A:  No.  What it does mean is that the regulations of your state are your first source for determining compliance with RCRA.  Often a state will incorporate EPA regulations into its own unchanged or simply refer you to the Federal regulations to determine compliance.

Q:  My business is in a state with RCRA Authorization, does this mean I will never be inspected by the Feds?

A:  No.  Despite allowing a state with an authorized RCRA program to take the lead in enforcing its own regulations, the EPA maintains its right to conduct inspections in any state.  If inspected by the EPA, compliance with your state regulations will still be required.

Q:  The Federal hazardous waste regulations recently changed and I’m unsure of the status of the regulations of my state, what do I do?

A:  You must first determine if your state has an authorized hazardous waste program.  If it does, than it is likely, though not certain, that the regulations will not be immediately effective in your state.  Instead your state must decide if it will adopt the new Federal regulations, reject them, or come up with its own version that is at least as strict and as broad as the Federal rule.  If your state lacks RCRA authorization, then the rule will be effective in your state as soon as it is effective in the Federal regulations.

Q:  My state has RCRA authorization and so do the neighboring states, must I comply with the other state’s regulations in addition to my own?

A:  You do if you have business in that state.  For example, you might generate a waste that is determined to be non-hazardous by the regulations of your state, but it is possible that another state – based on its own regulations – may determine the waste to be hazardous.  If you intend to ship your non-hazardous waste out-of-state for disposal you will have to consider the regulations of that state as well as your own.

If you haven’t already, take the time to learn more about your State environmental agency and your state-specific regulations; three good sources are:

1. EPA RCRA Authorization homepage
2. EPA Summary of State Programs
3. RCRA/Hazardous Waste Resource Locator provided by ENVCAP

My Onsite Training is the way to go it you want training focused on the regulations of your state and how they apply to your operations.  Site specific training is also available through a Webinar.

Please contact me for a free consultation to determine which regulations apply to your operations and what training is right for you.

A company I am familiar with is a Large Quantity Generator (LQG) of hazardous waste, largely due to the generation of what it has determined to be U-listed hazardous waste.  The point of generation for the waste is an air pollution control device (dust collector) that services a process where several raw materials – some U-listed – are mixed.  It is my opinion that the waste determination in this case is incorrect in that a U-code (and a P-code for that matter) does not apply in this case.  I shared this opinion with company representatives and was met with skepticism.  Let’s review this particular aspect of the P- and U-codes and see what you think.

First, a little background:

P- and U-wastes are identified at 40 CFR 261.33 and along with F- and K-wastes make up the four kinds of listed hazardous wastes.  P- and U- wastes are discarded commercial chemical products, off-specification species, container reisdues, and spill residues thereof.  EPA further described them at the publication of the Final Rule (45 FR 33115):

“EPA intended to encompass those chemical products which possessed toxic or other hazardous properties and which, for various reasons, are sometimes thrown away in pure or undiluted form.  The reasons for discarding these materials might be that the materials did not meet the required specifications, that inventories were being reduced, or that the product line had changed.  The regulation was intended to designate chemicals themselves as hazardous wastes, if discarded, not to list all wastes which might contain these chemical constituents.  In drawing up these lists, the agency drew heavily on previous work by EPA and other organizations identifying substances of particular concern [e.g. ,the Department of Transportation].”  Emphasis mine.

The key to proper determination of a P- or U-listed hazardous waste is the identification of a Commercial Chemical Product (CCP), the regulations include several references to CCP’s, including:

1. Virgin or unused materials whose name appears on the P- or U-list.
2. Manufacturing chemical intermediates whose name appears on the P-or U-list.
3. Off-specification species of listed virgin or chemical intermediates.
4. Container residues of listed materials that are not “RCRA Empty” per 40 CFR 261.7.
5. Residue and spill clean-up of listed materials.

A comment included with 40 CFR 261.33(d) clarifies this further:

“Comment: The phrase “commercial chemical product or manufacturing chemical intermediate having the generic name listed in .  .  .” refers to a chemical substance which is manufactured or formulated for commercial or manufacturing use which consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient. It does not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in paragraph (e) or (f). Where a manufacturing process waste is deemed to be a hazardous waste because it contains a substance listed in paragraph (e) or (f), such waste will be listed in either §261.31 or §261.32 or will be identified as a hazardous waste by the characteristics set forth in subpart C of this part.”  Once again, emphasis mine.

Once again, the EPA makes clear that both P- and U-codes are meant to be applied to virgin material or a manufacturing chemical intermediate which has not yet been processed or reacted.  P- and U-codes are specifically not to be used for manufacturing process waste.  OK, what is a manufacturing process waste?

Quite simply, a manufacturing process waste is any waste generated once the CCP or manufacturing chemical intermediate has left the “Material Handling Stage” and entered the “Manufacturing Process”.  If the point of generation of the waste (ie. the moment it is or is decided to be discarded) is within the manufacturing process it is a manufacturing process waste.  A manufacturing process waste cannot be a CCP or manufacturing chemical intermediate.  Therefore it cannot be a P- or U-listed hazardous waste.

Please note however that if the P- and U-codes don’t apply, the waste may still be hazardous as a F- or K-listed hazardous waste.  Or, it may be hazardous for one of the four characteristics:  ignitability, corrosivity, reactivity, or toxicity.  It could also be a combination of several of the above.

My example company should remove the U-codes from this waste and, assuming no other listed or characteristic hazards, reclassify it as  a non-hazardous waste.  This will likely change its hazardous waste generator status from LQG to Small Quantity Generator (SQG).

Some mistakes a company makes in its interpretation of the hazardous waste regulations can cost money in fines and violations.  Others, like this one, result in unnecessary waste disposal costs and adherence to overly restrictive regulations (ie. LQG instead of SQG).  Both of these kinds of mistakes can be avoided by attending one of my open enrollment training sessions.  At my training I cover the EPA regulations for hazardous waste personnel in the 1st half of the day (4 hours) and the DOT regulations for the transportation of hazardous materials in the 2nd half (4 hours).  One day is all it takes to get you back in compliance and avoiding costly mistakes like this.

(Boston, Mass. – Feb. 17, 2012) – A Rhode Island company that conducts printing, coating and finishing of specialty fabrics has been ordered by EPA to come into compliance with federal hazardous waste management regulations.

Its violations include a failure to:

• Complete a hazardous waste determination for the waste it generates.
• Separate incompatible hazardous wastes.
• Provide adequate RCRA Training for its employees.
• Maintain a hazardous waste contingency plan.
• Properly manage and label its universal waste.

Usually I would harp on the failure to provide adequate RCRA Training since this sort of training is just what I do, actually it’s only part of what I do, but read on.  However, I’m going to conjecture that violations of the EPA regulations will inevitably result in violations of the Department of Transportation (DOT) hazardous material transportation regulations and possibly cause a hazardous materials incident; here’s how.

I’ll assume that as a printer, the Rhode Island company uses flammable liquids as solvents, thinners, cleaners, in its inks, etc.  It is quite possible that the hazardous waste determination failure was for materials such as these.  If so, what should be an ignitable hazardous waste with the characteristic waste code of D001, might be identified as a non-hazardous material.  This kind of mistake will then lead to the other hazardous waste violations noted in the press release.  But what about when the hazardous waste is shipped off-site for disposal or treatment, what then?

I’ll assume that this company is a Large Quantity Generator (LQG) of hazardous waste and therefore must use a Uniform Hazardous Waste Manifest for its off-site shipments of hazardous waste.  The use and proper completion of the manifest is a requirement of both the EPA and the DOT.  Therefore, an incomplete or missing hazardous waste determination may result in the improper completion of the manifest.  It may also result in the incorrect use of the remaining three hazard communication methods required by DOT for shipments of hazardous waste.  Along with the manifest as a shipping paper, they are:

1. Placards
2. Labels
3. Markings

Clearly, a violation of the EPA regulations to conduct a hazardous waste determination (40 CFR 262.11) can result in a violation of the DOT regulations when shipping hazardous waste.  And not just a violation of the regulations.  According to the DOT ~80% of hazardous material incidents in transportation are due to human error; another ~15% are due to package failure.  Errors may result not only in violations and fines, but serious personal injury or damage to property.

The solution?  One word:  Training.

I provide the training that addresses all of these issues and more; conducted either as open enrollment training held nationwide and year-round or as on-site training tailored to your site specific needs.  At my training you will learn the regulations of the EPA for facility personnel found at 40 CFR 265.16 and those of the DOT for HazMat Employees found at 49 CFR 172, Subpart H.

Contact me to arrange for training to bring you back into compliance and avoid these costly and dangerous violations.

If you offer for transportation a hazardous material (HazMat) on a shipping paper such as a bill of lading or a hazardous waste on the Uniform Hazardous Waste Manifest (required for both large and small quantity generators of hazardous waste) you must provide an emergency response telephone number for use in the event of an emergency.  I have found many shippers to be unaware of their responsibility regarding this matter as they rely on the carrier and/or designated facility to provide the information required by 49 CFR 172.604.

This article was updated November 01, 2019 to reflect changes made to the regulations since its first publication on March 27, 2012.

The purpose of the emergency response telephone number is that it be a source of helpful information for emergency responders in the event of a HazMat Incident, therefore the number must be:

• Monitored at all times the hazardous material is in transportation until it reaches its designated facility and is removed from transportation.

And…

• The number of a person who is knowledgeable of the HazMat being shipped and has comprehensive emergency response information and incident mitigation information for that material.

Or…

• Has immediate access to a person who has such knowledge and information.  Telephone numbers that require a call back such as an answering service, beeper, or answering machine will not suffice (LOI 01-0176).

This knowledgeable person monitoring the telephone 24/7 (if necessary) is known as the Emergency Response Information Provider or the ERI Provider.

It is important that the emergency response telephone number is clearly visible in the event of an emergency, therefore the number must be written on the shipping paper:

• Immediately following the description of the hazardous material (this would be Section 9b of the Uniform Hazardous Waste Manifest).
• Entered once on the shipping paper in a “prominent, readily identifiable, and clearly visible manner…”  This can be done by using a larger or differently colored font, highlighting, or otherwise setting the number apart.  It must also be indicated on the shipping paper that the number is for emergency response information (e.g., “EMERGENCY CONTACT ###”).  This option can only be used if the number applies to each hazardous material on the shipping paper.  Section 3 of the Uniform Hazardous Waste Manifest may be used to fulfill this requirement.

Unfortunately some shippers and carriers were using the phone numbers of ERI Providers that they had not registered with to provide such service and in an emergency first responders were not able to obtain the necessary information from the ERI Provider.  For this reason, effective October 1, 2010, some form of identification of the person who has registered with the ERI Provider must be included on the shipping paper.  Note that the name of the ERI Provider is not required to appear on the shipping paper, merely their phone number (LOI 11-0152, LOI 10-0262).  However the name of the person that has contracted or registered with the ERI Provider to perform this service must be identified on the shipping paper.  Identification can be by name, contract number, or other unique identifier of the ERI Provider for the registrant and it must be near the emergency response telephone number unless it appears elsewhere on the shipping paper in a prominent, readily identifiable, and clearly visible manner.

So, if the person offering the hazardous material for shipment is also the ERI Provider, their name or some other acceptable means of identification must appear prominently and clearly on the shipping paper.  For the Uniform Hazardous Waste Manifest this is accomplished by proper completion of Section 5.  If a 3rd party is contracted to be the ERI Provider then some identification linking them to the registrant (name, contract number or other unique identified of the ERI Provider) must be clearly visible on the shipping paper (LOI 10-0146).  This information could be recorded in Section 14 of the Uniform Hazardous Waste Manifest.

If using a 3rd party, it is the responsibility of the person registered with the ERI Provider to ensure they have the current information on the material before it is offered for shipment.  This is especially important for hazardous waste shipments as the wastes may be different for each pickup.

49 CFR 172.604(b) can be difficult to read and understand (It was much more challenging for me than I thought it would be) but the intent is clear:  some information linking the ERI Provider to the person offering the hazardous material for shipment must be clearly visible on the shipping paper for emergency responders to find.  As of June 2011, the Agency was aware of the confusing text of this regulation and will be taking steps to clarify it (11-0008).

For telephone numbers outside the US, the international access code or the “+” sign, country code, and city code as appropriate must be included.

If preparing shipping papers for the continued transportation of a hazardous material, it is the responsibility of the subsequent offeror to ensure if the original or previous emergency response telephone number is authorized for that shipment.  In such a situation, the subsequent offeror may choose to use their own ERI Provider (11-0005).

The requirement to include an emergency response telephone number do not apply to:

1. Limited Quantities offered for transportation pursuant to 49 CFR 173.150-156 & 173.306.
2. Transportation vehicles or freight containers with lading that has been fumigated and displays the FUMIGANT marking, as long as no other hazardous materials are present.
3. Materials properly described under the following shipping names:

• Battery powered equipment.
• Battery powered vehicle.
• Carbon dioxide, solid.
• Castor bean, castor flake, castor meal, or castor pomace.
• Consumer commodity.
• Dry ice.
• Engines, internal combustion.
• Fish meal, stabilized or fish scrap, stabilized.
• Refrigerating machine.
• Vehicle, flammable gas powered.
• Vehicle, flammable liquid powered.
• Wheelchair, electric.

Prior to your next shipment, ensure that you are in compliance with these important regulations.  Significant penalties will be assessed if the emergency response telephone number for a shipment of your hazardous waste or hazardous material is discovered to be incorrect or incomplete during a hazardous material incident or emergency.  You must also ensure proper training of your HazMat Employees and the employees of a Large Quantity Generator of hazardous waste who handle the waste, including preparing it for shipment or signing the Uniform Hazardous Waste Manifest.  Please contact me to schedule on-site training.

Both Large and Small Quantity Generators of hazardous waste (LQG & SQG respectively) are required to conduct weekly inspections of their hazardous waste accumulation areas; typically referred to as Central Accumulation Areas (CAA’s) or 90 (for LQG’s) or 180 (for SQG’s) day accumulation areas.  I was recently at an LQG and was told by the EHS Coordinator that the weekly inspection took her almost 5 hours to complete.  The reason?  The inspection included more than 50 Satellite Accumulation Areas (SAA’s) distributed throughout the sprawling facility.  My observation that weekly inspections are not required for SAA’s caught her by surprise.  “Are you sure?” she asked.

Yes I am.

The Federal regulations for managing hazardous waste in an SAA can be found at 40 CFR 262.34(c).  The baseline requirements are known to most:

• No more than 55 gallons of hazardous waste or 1 quart of acute hazardous waste in a single SAA.
• In a container at or near the point of generation where the waste initially accumulates.
• Under the control of the operator of the process generating the waste.

While waste accumulates in the SAA, the generator must comply with other routine container requirements:

• 40 CFR 265.171:  Containers in good condition.
• 40 CFR 265.172:  Container compatible with waste.
• 40 CFR 265.173(a):  Container kept closed except when adding or removing waste.
• Mark container with the words “Hazardous Waste” or other words that describe the contents (check with your State on this point specifically since some require additional information to be included).

While the waste is maintained in the SAA in compliance with the above, it is not subject to the requirements of 40 CFR 262.34(a) 0r (d); these are the regulations that refer to the weekly inspection requirements of  40 CFR 265.174.  Therefore, proper maintenance of hazardous waste in an SAA precludes the requirement for weekly inspections.

Additional requirements kick-in when the SAA volume thresholds of 55 gallons for hazardous waste or 1 quart for acute hazardous waste are reached; at that point the generator must…

• Date the container.
• Move it to the CAA within 3 calendar days.  Note:  not 72 hours or 3 business days.
• Once moved to the CAA, the generator may re-date the container and then begin the 90 or 180 day accumulation time period.
• Once moved to the CAA, the container becomes subject to all the standard hazardous waste generator requirements of 40 CFR 262.34(a).

Weekly inspections of waste containers (both hazardous waste and acute hazardous waste) are an option, not a requirement.  Decide for yourself if the benefit from inspections is worth your time and effort.  For more information about SAA’s, review this US EPA FAQ’s on the subject.

I pride myself in providing a training service that not only complies with the regulations (training is required for LQG’s at 40 CFR 265.16) but also gives you information you can use (see above) to make your job of environmental compliance easier.  Please review my schedule of open enrollment training events or contact me to schedule on-site training.

“PHILADELPHIA (March 8, 2012) — Ellwood Quality Steels Company has agreed to pay a $150,000 penalty to settle alleged violations of hazardous waste regulations at its manufacturing facility in New Castle, Pa., the U.S. Environmental Protection Agency announced today.”  Based on the information contained in the full US EPA news release, let’s determine the cost for Ellwood Quality Steels Company to comply with the regulations and avoid this fine.

1. 1.       “…a variety of hazardous waste including electric and ladle arc furnace dust, which was contained in two tractor trailers without being marked as hazardous waste;” – Since no mention is made to the contrary, I’ll assume the two tractor trailers meet the US EPA definition of a container found at 40 CFR 260.10:  Container means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.  A roll of 500 labels bearing the words “Hazardous Waste” = $65.  Add the date of accumulation, ie. the date hazardous waste first was placed in the container, and your back in compliance.
2. 2.       “…improperly disposing of mercury-containing universal waste lamps in its arc furnace without a hazardous waste permit.” – Cost for disposing of 500 x 4’ fluorescent lamps with Lamptracker = $450.
3. 3.       “… stored hazardous waste for more than 90 days without a storage permit;” – This one’s a wash since it doesn’t cost anything extra to ship hazardous waste off-site prior to 90 days.  There are some instances when a Large Quantity Generator of hazardous waste may legally exceed the 90 day on-site accumulation limit without a permit, read more about it here.  Compliance with the regulations, in this case however, is free.
4. 4.       “failed to keep hazardous waste containers closed;”  – Hazardous waste containers must be kept closed except when adding or removing waste, read more here.  New Pig Latching Drum Lid = $275.
5. 5.       “failed to minimize the possibility of releases of hazardous wastes;” – I’m unsure what is meant by this, but since Pennsylvania is one of the few States that requires a containment system for the storage area of a hazardous waste generator [the others are: AL, CA, CT, MA, MN, SC (if LQG), WA, & MO (if >1,000 kg)], I’ll assume they didn’t provide proper containment.  I’m no contractor, so let’s assume the total cost to construct a storage area with containment = $25,000.
6. 6.       “failed to conduct weekly inspections;” – Large and Small Quantity Generators of hazardous waste must weekly inspect their hazardous waste accumulation and storage areas, read more here.  The inspections can be completed by any employee trained sufficiently to perform their duties in compliance with the regulations.  Cost in lost time spent performing the inspection = $50/week = $2,600/year.
7. 7.       “failed to provide hazardous waste training;” – I provide on-site training that meets the requirements of the US EPA for Hazardous Waste Personnel and the US DOT for HazMat Employees for $1,749.
8. 8.       “failed to prepare and maintain hazardous training records;” – I provide these records as part of my on-site training; cost = $0.
9. 9.       “failed to properly fill out hazardous waste manifests;” – I address the proper completion of the Uniform Hazardous Waste Manifest at my on-site training and at my open-enrollment training at no additional cost.
10. 10.   “and failed to comply with universal waste labeling/marking requirements.” – Though provided relief from full regulation under RCRA, universal waste still has specific labeling and marking requirements.  Learn how to comply with the regulations at one of my training events.  Purchase 100 universal waste labels from Labelmaster for $44.

Total cost to comply with regulations = $27,583 + $2,600/year for inspections.  Consider that the cost of the fines doesn’t begin to cover the total costs to the company in lost time, headaches, lawyer and consultant fees, etc.  No matter what math you use, it’s always less expensive to comply with the regulations than it is to pay the fines.

Please contact me for a free consultation; I can help you decide if you’d be better attending one of my open enrollment training events or having me conduct on-site training at your facility.

The US EPA requires you to submit a Notification of Regulated Waste Activity (8700-12) Form for certain activities involving wastes subject to the regulations of the Resource Conservation and Recovery Act (RCRA).  A Notification is required if you handle a regulated waste or hazardous secondary material and may be required under the following circumstances:

• You are a Large Quantity Generator (LQG) or Small Quantity Generator (SQG) of hazardous waste.  A Conditionally Exempt Small Quantity Generator of hazardous waste (CESQG) is not required to notify.
• You are a Large Quantity Handler of universal waste (accumulate >5,000 Kg of universal waste).
• You recycle hazardous waste.
• You transport, process, or re-refine used oil; burn off-spec used oil for energy recovery; or market used oil.  The generation, storage, and off-site transportation of used oil is not subject to notification.
• You are an eligible academic entity opting into 40 CFR 262, Subpart K.
• You are managing a hazardous secondary material.

Upon receipt of an initial notification form, your site will be issued a unique EPA ID number by the US EPA.  This number is specific to the geographic location of your site and does not change if you sell the property or expire if you go out of business.

If you already have an EPA ID number, you must submit a subsequent notification for changes in any of the following:

• Ownership.
• Hazardous waste generator status.
• Regulated waste activity.
• Universal waste handler status.
• Used oil handling.
• Facility contact person.

The Notification of Regulated Waste Activity Form is the method the US EPA or your state environmental agency (see below) relies on to track your regulated waste activities.  It is your responsibility to ensure the information they have is up-to-date, accurate, and complete. The US EPA recently updated its Notification of Regulated Waste Activity Instructions and Form Booklet in December 2011 and it contains very helpful information.

Many states with authorized hazardous waste programs have their own procedures and requirements for submittal of the initial and subsequent notification forms.  State-specific regulations may include:

• A state-specific notification form in lieu of the federal form.
• Time lines for submittal of the initial and subsequent notifications.
• If using the US EPA form, a state mailing address for submittal.
• Fees to accompany the notification.

It is very important that you check with your state to ensure your submittal meets their requirements.  

My training services cover the hazardous waste regulations of the US EPA and the HazMat Employee regulations of the US DOT.  I provide open enrollment training events nationwide and year round (my schedule) and on-site training to meet your exact needs.  Please contact me to arrange for the exact training services you require.

It’s not too hard to imagine a situation where a container of an unknown material for disposal is brought to your attention during a facility clean-out.  In this situation, disposal as a waste is certain, what isn’t certain are the presence, and type, of hazards in the unknown waste.  If a sample is collected and submitted for analysis, how must you manage the unknown waste while you await results?

The answer is simple and answered directly in this US EPA interpretation (RO11424):  any unknown waste must be managed as a hazardous waste until such time as generator knowledge or analysis proves it is not a hazardous waste.

The moment a decision is made to discard a material, it becomes a waste.  This is its “Point of Generation (POG).  At the POG you are required per 40 CFR 262.11 to determine if the waste is exempt from regulation (40 CFR 261.4 or other), is a de-regulated hazardous waste (Used Oil, Universal Waste), or is a listed or characteristic hazardous waste.  Any delay in conducting the hazardous waste determination – say, waiting for lab results – does not exempt the waste from regulation.  The requirements for hazardous waste generators (labeling, on-site accumulation time limit, inspections, training, etc.) apply at the POG or when the waste is removed from a Satellite Accumulation Area (SAA)

Suggested handling for unknown waste during a hazardous waste determination:

1. Store in your Central Accumulation Area (CAA) or SAA.
2. Label:  “Hazardous Waste – Pending Analysis”  <<DATE OF ACCUMULATION>>.
3. Manage the same as all other non-exempt (ie. CESQG) hazardous waste.
4. Request the lab to “Rush” results.  Note, your lab may charge an additional fee for rush service.
5. Immediately upon receipt of results, compare them to hazardous waste characteristics (40 CFR 261, Subpart C).  Determination of listed hazardous waste (40 CFR 261, Subpart D) does not require analysis as it relies upon your knowledge of the source of the waste.
6. If waste is hazardous, remove “Pending Analysis” from the label and continue on-site management as hazardous waste.  Arrange for off-site disposal.
7. If waste is non-hazardous, remove hazardous identification and manage as non-hazardous waste.

Read this blog post for more information about exceptions to the US EPA and US DOT regulations for the storage and transportation of waste determination samples.

Being a generator of hazardous waste is not easy.  Frequently what seems like common-sense (waiting for a lab report before handling a waste as hazardous) is actually a serious violation of the RCRA regulations.  Attendance at one of my open enrollment training events is a good way to ensure you are prepared for situations like these when the arise.

RCRA – the Resource Conservation and Recovery Act – was passed in 1976 to amend the Solid Waste Disposal Act of 1965 and to address a growing national concern over the improper management and disposal of both hazardous and non-hazardous waste.  Subtitle C of RCRA established a system to manage by regulation a hazardous waste from its moment of generation through transportation to its treatment, storage, and finally, disposal.  The name for this comprehensive management system is:  Cradle to Grave.

• Point of Generation = “Cradle”
• Transportation to Treatment, Storage, or Disposal = “to”
• Treatment, Storage, and Final Disposal = “Grave”

While RCRA regulates the generation, transportation, and disposal of hazardous waste, it also has the authority to clean up hazardous waste from active facilities.  RCRA does not, however, have the authority to address the problem of hazardous waste at inactive or abandoned sites or those resulting from emergency response to spills.  Enter CERCLA.

CERCLA – the Comprehensive Environmental Response, Compensation and Liability Act of 1980 – aka:  Superfund, was created to address the problem of hazardous waste and hazardous substances at inactive or abandoned sites or those resulting from emergency response to spills.  It was amended by the Superfund Amendments and Reauthorization Act (SARA) of 1986.  Upon a site becoming subject to its regulations (ie. a Superfund Site), CERCLA imposes liability on parties responsible for, in whole or in part, the presence of hazardous substances at a site.  In other words, if you had anything to do with a hazardous substance ending up at a Superfund Site, either by transporting it their yourself or by contracting with others to do it for you, you have the potential to be identified as a Potentially Responsible Party (PRP) and be held responsible for the entire cost of cleaning up the site.  CERCLA’s authority in these matters is broad and has been upheld by the courts.

A generator of hazardous waste must know about CERCLA/SARA as well as RCRA because CERCLA has the authority to force a generator to clean-up a polluted site or scene of an emergency response spill if that generator ever sent any of its hazardous waste to that site.  But it goes further.  CERCLA regulates hazardous substances, not just hazardous waste.  The definition of a hazardous substance includes a hazardous waste, but it also includes 800 other hazardous substances listed in 40 CFR 302.4.  Many non-hazardous wastes, recycled materials, and de-regulated hazardous wastes (Universal Waste, Used Oil, etc.) contain hazardous substances, which includes:

• Copper and Copper Compounds
• Lead and Lead Compounds
• Mercury and Mercury Compounds
• Zinc and Zinc Compounds
• And many more

So, every time you arrange for disposal of a hazardous waste by recycling, treatment, or disposal, you are opening up the potential for clean-up of a site under CERCLA or RCRA.  Every time you dispose of a non-hazardous or de-regulated hazardous waste – even scrap metal for recycling – you are opening up the potential for clean-up of a site under CERCLA if it contains a hazardous substance.  This responsibility exists even if your waste has been re-manifested by a third party prior to its disposal.  You can read more about the Superfund Program here.

What can you do?

1. Accept that some risk is the cost of doing business.
2. Do everything you can to eliminate the generation of waste.
3. Ensure you are familiar with the regulations that apply to your operations and adhere to them.
4. Perform “due diligence” of any facility to which you ship your waste for disposal, treatment, or recycling to ensure they are in compliance with the regulations and that they have measures in place to protect you from future liability such as a large cash reserve or sufficient insurance coverage.

At my training events I address all of the above while meeting the RCRA training requirements for Large and Small Quantity Generators of hazardous waste.  Contact me to discuss your training needs or review my training schedule to find a date and location near you.

The characteristic of corrosivity is one step of the hazardous waste determination process that you must complete for every waste stream that you generate.

Your waste is a corrosive hazardous waste, with waste code D002, if a representative sample has either of two properties:

1. It is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5, or
2. It is a liquid and corrodes steel of a specified grade at a specified rate.

For the first property determination aqueous means, “Of or containing water, typically as a solvent or medium”.  The regulation doesn’t specify how much water must be present in the sample, however the only approved test method (Method 9040C) requires the sample to contain at least 20% water.   If your waste does not meet this requirement, then you cannot use this method for determination of corrosivity and must proceed to the second property determination.

The second property determination is one much less known by the regulated industry.  It must be used to determine corrosivity in two circumstances:

1. The waste contains <20% water and therefore is not suitable for the first determination.
2. The waste passes the first determination with a pH of >2 or < 12.5.

40 CFR 261.22(a)(2) specifies Method 1110A for determining if a liquid sample is able to corrode  steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55 °C (130 °F).  The key word here is:  liquid.  If you don’t have a liquid waste, then you may not use this test method to determine corrosivity.

If it is not clear from the above, the US EPA does not recognize a solid material as having the characteristic of corrosivity; a D002 waste code may not be applied to a solid.  This may differ for your state however as some have included solids in the characteristic of corrosivity or have revised the test methods to encompass solids.

The US EPA description of the characteristic of corrosivity  is explained at 40 CFR 261.22.  A careful reading of this regulation is necessary to ensure your hazardous waste determination is accurate and complete.  Good training will help illuminate other areas of the regulations and how they impact your operations.