Does your company purchase virgin solvent and dispose of spent solvent off-site?  If you answered yes, you’re not alone.  The costs associated with the purchase of virgin solvent and its off-site disposal is a significant financial burden for many manufacturers.  If you haven’t before perhaps you should consider the use of on-site solvent recycling equipment such as a solvent distillation unit.  Before making such a purchase you must take into account a variety of factors such as:  safety concerns, labor needs, regulatory compliance, costs, and the effect on production.  This article will focus on US EPA regulatory requirements.

States may differ in their interpretation of these Federal regulations, so I suggest you work closely with your state environmental agency before you begin on-site solvent distillation of your spent solvent.  Read here for more information about generator on-site treatment of hazardous waste in general.

The benefits of recycling of your spent solvent through distillation include:

• Reduced purchase costs for virgin solvent.
• Reduced disposal costs for spent solvent.
• Possible change in hazardous waste generator status due to reduction in amount of hazardous waste generated.

A solvent distillation unit heats a spent solvent – we’ll assume it to be a hazardous waste – to its boiling point, evaporating the solvent.  The solvent vapor passes into a condensing chamber where it is recovered in its liquid form for reuse.  Any contaminants – with a different boiling point than the solvent – collect as still bottoms.  That is a vastly over-simplified description of the solvent distillation process; what then about the regulatory compliance issues?

The solvent distillation unit itself, which is a form of treatment as defined at 40 CFR 260.10, is exempt from regulation pursuant to 40 CFR 261.6(c)(1) (RO11200).  Therefore, the operation of a solvent distillation unit itself would not subject a hazardous waste generator to the permitting requirements of the Resource Conservation and Recovery Act (RCRA).  Nor is the solvent distillation unit subject to the hazardous waste generator standards of 40 CFR 262.  However, as we’ll see, the spent solvent prior to distillation and any still bottoms removed from the unit may be subject to these requirements.

Once it has been reclaimed by the distillation process to where it may be returned to its former use (the same as if it was virgin solvent) the former spent solvent is no longer a solid waste per 40 CFR 261.3(c)(2)(i) (RO12911) and therefore, cannot be a hazardous waste.  As far as the US EPA regulations are concerned it is no different than virgin solvent unless you intend to burn it or use it in a manner that constitutes disposal.  If and when you are no longer able to reclaim the spent solvent for reuse it then becomes subject to the hazardous waste determinationrequirements of 40 CFR 262.11 and the hazardous waste generator standards of 40 CFR 262.  Care must be taken to ensure you count your hazardous waste generation properly to determine your hazardous waste generator status; keep reading to ensure you don’t double-count.

Any solvent distillation unit will generate what is called a still bottom which is the contaminants removed from the spent solvent and accumulated within the unit.  Your operations may differ, but it is safe to assume that the still bottoms from a solvent distillation unit will be a listed hazardous waste per 40 CFR 261.31 (RO12911).  Though the still bottoms may accumulate in the solvent distillation unit for a period of time, since the unit is exempt from regulation the still bottoms are considered a newly generated waste – and subject to the hazardous waste generator standards of 40 CFR 262 – when they are removed from the unit (RO11420).  As with the spent solvent, read on to make sure you count the amount of hazardous waste you have generate in a calendar month with care to determine your hazardous waste generator status.

The regulatory status of the spent solvent prior to its introduction into the solvent distillation unit depends on whether or not it is stored or accumulated prior to its reclamation.  Pursuant to 40 CFR 261.6(c)(2) if the spent solvent is recycled without prior storage it is not subject to RCRA regulations (its still bottoms are however), you need only…

• Obtain a US EPA ID number for your site if you don’t already have one.
• Comply with the requirements of 40 CFR 265.71 and 265.72 regarding the use of the Uniform Hazardous Waste Manifest for off-site disposal of hazardous waste.
• Comply with the RCRA air emission standards of 40 CFR 265 Subparts AA & BB.

If the spent solvent is recycled after prior storage it is subject to the full hazardous waste generator standards of 40 CFR 262 up until the point it enters the solvent distillation unit (Faxback 12895).  This includes the on-site accumulation time limits of 90 days for an LQG and 180 or 270 days for an SQG.

One final point concerns when the spent solvent or the still bottoms are counted towards your hazardous waste generator status.  As noted in the previous paragraph, if the spent solvent is recycled without prior storage it is exempt from the requirement to count it towards your generator status, but the still bottoms generated by the process are not.  If stored prior to recycling, it gets a bit trickier.  40 CFR 261.5 – though directed in its title towards conditionally exempt small quantity generators – applies to all hazardous waste generators.  At 40 CFR 261.5(d) we find:

(d) In determining the quantity of hazardous waste generated, a generator need not include:

1. Hazardous waste when it is removed from on-site storage; or
2. Hazardous waste produced by on-site treatment (including reclamation) of his hazardous waste, so long as the hazardous waste that is treated was counted once; or
3. Spent materials that are generated, reclaimed, and subsequently reused on-site, so long as such spent materials have been counted once.

The above regulations are clear that whether it’s the still bottoms generated in the reclamation process (#2 above); or the spent solvent that is reclaimed and reused (#3 above) you need only count the amount of solvent begun withand not each batch of spent solvent or still bottoms.  What the regulations do not make clear – but RO 12699 does – is that since your generator status is determined by the amount of hazardous waste you generate in a calendar month this count must be made once each month.

Research the applicable regulations, determine the cost/benefits, and be sure to speak to your state environmental agency.  Once satisfied with the above, go ahead and begin recycling your spent solvent for reuse on-site.  Contact me with any questions or to let me know how things went for you.  Better yet, come to one of my nationwide trainingevents, or let me come to your site to train all of your Hazardous Waste Personnel and DOT HazMat Employees for one flat fee of $1,749.  I look forward to hearing from you.

US EPA regulations allow hazardous waste generators to accumulate and treat hazardous waste on-site without obtaining a permit as long as they meet the applicable on-site management requirements for their status (Large Quantity Generator, Small Quantity Generator or Very Small Quantity Generator) and some additional limitations on the forms of treatment.  Generators should proceed with caution if they intend to treat their hazardous waste, however.  Some forms of treatment allow you to exclude what otherwise would be hazardous waste from regulation by RCRA entirely, other treatment processes are exempt from RCRA, but the waste prior to – and perhaps after – treatment may not be excluded from regulation as a hazardous waste.  Also if a permit is required but not obtained for a treatment method, you may find yourself facing fines as an unpermitted treatment facility.  I’ll do my best to explain the allowances and restrictions of the regulations while pointing you to the applicable regulations and/or US EPA guidance documents.  Keep in mind that these are Federal regulations; your State can have its own version of these regulations and its own interpretations and guidance documents.  Be sure to check with your State regulatory agency to ensure compliance.

First, you should know that treatment is defined at 40 CFR 260.10 as:

Any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste, or so as to recover energy or material resources from the waste, or so as to render such waste non-hazardous, or less hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage, or reduced in volume.

Secondly, regardless of the treatment method you choose there are restrictions that limit the options available to you without a permit, they are:

• You may only treat the hazardous waste you generate on-site (Faxback 11066).
• Thermal treatment is not allowed.  This restriction includes evaporation by applied or ambient heat as well(RCRA Online 12923).
• Dilution of the hazardous waste is not allowed per the Land Disposal Restrictions of 40 CFR 268.3.

Third, there are three treatment processes that are specifically exempted from RCRA permit requirements per 40 CFR 270.1(c)(2).  The three methods defined at 40 CFR 260.10 are:

1. Elementary neutralization units – “A device used for neutralizing wastes that are hazardous only because they exhibit the corrosivity characteristic defined in §261.22 of this chapter, or they are listed in subpart D of part 261 of the chapter only for this reason; and meets the definition of tank, tank system, container, transport vehicle, or vessel in §260.10 of this chapter.”
2. Wastewater treatment units – “A device which is part of a wastewater treatment facility that is subject to regulation under either section 402 or 307(b) of the Clean Water Act; and receives and treats or stores an influent wastewater that is a hazardous waste as defined in §261.3 of this chapter, or that generates and accumulates a wastewater treatment sludge that is a hazardous waste as defined in §261.3 of this chapter, or treats or stores a wastewater treatment sludge which is a hazardous waste as defined in §261.3 of this Chapter; and meets the definition of tank or tank system in §260.10 of this chapter.”
3. Totally enclosed treatment units – “A facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.”

If after treatment the waste no longer meets the definition of a hazardous waste, then it is no longer subject to RCRA.  If treated immediately upon generation, it will not be subject to any of the requirements of RCRA including the requirement to count it towards your generator status threshold.  However the storage of any hazardous waste prior to treatment must be counted toward your generator status and managed on-site as a hazardous waste until such time as treatment makes it non-hazardous.  So, in order for the hazardous waste you generate on-site to be exempt from RCRA regulation, you must accomplish each of the following:

1. Treat immediately upon generation.
2. Use one of the treatment methods listed above.
3. Treat the waste until no hazardous characteristics remain and the applicable Land Disposal Restriction treatment standards of 40 CFR 268 are met.

If your treatment method is not one of those three, and you wish to avoid the hassle of obtaining a RCRA permit as a treatment facility, then you must ensure that your treatment method takes place in compliance with the applicable regulations for one of the following three generator accumulation units (defined at 40 CFR 260.10) recognized by US EPA:

• Containers – “Any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.” Managed per 40 CFR 265, Subpart I.
• Tanks – “A stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support”.Managed per 40 CFR 265, Subpart J.
• Containment buildings – “A hazardous waste management unit that is used to store or treat hazardous waste under the provisions of subpart DD of parts 264 or 265 of this chapter.” Managed per 40 CFR 265, Subpart DD.

The US EPA has indicated in preambles to the Federal hazardous waste rules (46 FR 2806, January 12, 1981 & 51 FR 10168, March 24, 1986) and in written responses to queries (RO 11261) that generators may treat hazardous waste on-site in the above accumulation units.  Be sure to comply with the regulations applicable to your generator status – LQG, SQG, or VSQG – as well.  An acceptable form of treatment is the addition of absorbent material to waste in a container or the addition of waste to absorbent material in a container at the first moment waste is placed in the container.

Note that a fourth hazardous waste management unit:  Drip pads – “An engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.” – and managed per 40 CFR 265, Subpart W, is not included in the above.  US EPA does not allow the use of drip pads – which are specific to the wood-preserving industry – to be used for the treatment of hazardous waste.

Also note that the use of containment buildings for the accumulation or treatment of hazardous waste is restricted solely to Large Quantity Generators.  If a Small Quantity Generator wishes to use a containment building, it will have to comply with the applicable LQG regulations.

Whatever treatment method you choose, it is likely that at some point you will generate a waste – perhaps a hazardous waste – as a result of the treatment process that requires disposal.  Care must be taken in determining if, and when, this hazardous waste may be counted toward your generator status.  Waste may be generated by one of the following methods:

• Residue from the on-going treatment process.
• The treated material no longer meets specifications and cannot be returned to use.
• A spent material accumulated on-site prior to treatment and reuse.

This US EPA written opinion answers that question and refers the reader to the preamble to a Federal Register and the applicable regulations in 40 CFR 261.5(d) for its justification (RCRA Online 11341).  Part 261.5 refers specifically to Conditionally Exempt Small Quantity Generators of hazardous waste, but the waste counting method it contains applies to all hazardous waste generators.  I suggest you read these documents for a more full explanation, but in sum any hazardous waste generated as a result of a treatment process need only be counted toward your generator status once in a calendar month.

If you are concerned about the cost of hazardous waste disposal and feel you have the type of waste that would respond well to one of the three treatment methods that don’t require a permit – elementary neutralization of a spent acid or base for example – you may wish to consider on-site treatment of your hazardous waste.  I suggest a call to your state environmental agency after a thorough review of the applicable regulations to confirm your requirements.

The on-site treatment of hazardous waste is just one aspect of a generator’s hazardous waste management responsibilities that I address in my Onsite and Webinar Training.

(Boston, Mass. – Dec. 14, 2011) – Three WasteWise partners in New England were recognized by the U.S. Environmental Protection Agency (EPA) for outstanding achievements as 2011 WasteWise award winners. Nationally, there were 29 winners, with awards in categories including business, government, and educational sectors.  You can read the full news release here, but I think I’d be remiss if I didn’t send a shout-out to those three New England companies:

• Raytheon Company, Mass.
• Cannon Grange #152 Inc., Conn.
• Genzyme Corporation (Mass.)

So just what exactly is WasteWise?  You can learn much more about it from its website, or check out this factsheet, but WasteWise – founded in 1994 and with more than 2,700 members – is a US EPA program that encourages a variety of different organizations and businesses to voluntarily commit to waste reduction and recycling goals.  By becoming a member of WasteWise, you obtain access to a variety of tools to help you reach those waste goals and to promote your efforts to your customers, your community, and the world.

Organizations may join WasteWise as either a Partner or an Endorser.  A Partner commits to reduce their own waste production whereas an Endorser is a branch of government or other organization that uses the tools available through WasteWise to convince its members of the benefits of waste reduction and recycling.  Eligible members include but are not limited to all sizes of:  US businesses, State & local governments, non-profit organizations, and trade associations.

As a member, you have access to all of the following:

• Free technical assistance;
• Access to web-based data management tracking tool;
• Opportunity to receive WasteWise Awards that recognize outstanding achievements;
• Public recognition in WasteWise publications, case studies, and meetings;
• Annual Climate Profile describing greenhouse gas reduction;
• Reduced purchasing and waste disposal costs; and
• Outreach and educational materials.

It’s the third bullet point of the above that you see on display at the top of this article, and on the US EPA website of the 2011 WasteWise Award Winners.  As a member, you have the opportunity to promote your company – and be promoted – as a company that cares about the environment and is doing something about it; this alone might be reason enough to join up.  An additional incentive is having access to the WasteWise Re-TRAC System.  This new data management and reporting system allows you to collect, organize, analyze, and report your waste reduction activities and to generate reports such as the WasteWise Climate Profile report.

If you are considering becoming a member, but don’t know if WasteWise has the resources to assist your specific interests, check out their Targeted Initiatives and see if there is a Challenge or Campaign that directly addresses your waste generation.  And why not involve the office personnel as well?  WasteWise has a tool for determining the carbon footprint of office operations including:  company-owned vehicle transportation; purchased electricity; waste disposal; and leased assets, franchises, and outsourced activities.

Take a look at the information available, determine if WasteWise is a good fit for your operations, and then take it to management and see what they think.  Let me know how it works for you, I’ve never been able to convince a company to voluntarily commit to any US EPA program.  Perhaps you’ll have better luck.

(Kansas City, Kan., Nov. 23, 2011) – Eldo W.R.M.S., Inc., a commercial goods salvage wholesale and retail business, has agreed to pay a $23,900 civil penalty to the United States to settle a series of hazardous waste violations at its facility in Grandview, MO (more).  Read the whole news release and you’ll learn that the most significant violation had to do with the incorrect on-site management and off-site disposal of pharmaceuticals.  You may be surprised to learn that pharmaceuticals are not identified specifically in the RCRA regulations (40 CFR 239 to 299), nor is there any exclusion from the regulations allowed.  Rather, they are subject to the hazardous waste determination requirements of 40 CFR 262.11 the same as any other discarded material and may have to be managed as a hazardous waste.  It may also surprise you to learn that there are no US EPA regulations specifically regarding the management or off-site shipment of medical waste.  In the absence of Federal regulation of medical waste, many states have created their own, but they don’t include pharmaceuticals (see here for more information).  If you generate pharmaceuticals as a waste, you should be aware of the applicable regulations, your disposal options, and some potential regulatory relief coming down the pike.

This US EPA website has a lot of helpful information about pharmaceuticals:  what they are, their dangers, and proper disposal methods; as part of a larger group of potential pollutants known as Pharmaceuticals and Personal Care Products (PPCP’s).  PPCP’s include:

• Prescription and over-the counter therapeutic drugs
• Veterinary drugs
• Fragrances
• Cosmetics
• Sun-screen products
• Diagnostic agents
• Nutraceuticals (e.g., vitamins)

Sources of PPCP’s include:

• Human activity
• Residues from pharmaceutical manufacturing (well defined and controlled)
• Residues from hospitals
• Illicit drugs
• Veterinary drug use, especially antibiotics and steroids
• Agribusiness

The dangers to the environment from PPCP’s lies in their ability to infiltrate water systems relied upon for drinking water or wildlife, thus the importance of compliance with the regulations.  Without any current regulations addressing PPCP’s specifically, you must manage it as any other discarded material:

• Determine if it is subject to any of the regulatory exemptions for solid waste or hazardous waste.
• Determine if it is subject to the recycling exemption.
• Determine if it is either a listed or characteristic hazardous waste.
• If it is a hazardous waste, count it towards your generator status threshold.
• Comply with the applicable regulatory requirements of your generator status.
• Ensure your off-site transportation and disposal is with a licensed hazardous waste hauler and medical waste disposal facility.

I mentioned the possibility of regulatory relief, didn’t I?  There is a proposal to include pharmaceuticals with the current universal wastes.  This could be a great relief to generators of this waste as the universal waste regulations allow for longer on-site accumulation, less stringent container requirements, and little to no inspection and training; learn more about universal waste here.

Pharmaceuticals and PPCP’s are just one of many types of waste that require your attention.  If you generate any hazardous waste or ship or receive any hazardous material, you will benefit from my training events where I meet and exceed both the US EPA hazardous waste and the US DOT HazMat Employee training requirements in one day.  Review my schedule to find a date and location convenient to you or contact me to schedule on-site training.

The first step in the waste identification process – assuming you’ve already identified the material as a waste – is to determine if it is a solid waste as defined at 40 CFR 261.2.  Once identified it is the responsibility of the generator of the solid waste to determine if it is a hazardous waste.  If it is not excluded from regulation pursuant to 40 CFR 261.4then it likely is a hazardous waste.  A hazardous waste may be a listed hazardous waste per 40 CFR 261, Subpart Dand it may also be a characteristic hazardous waste.  A characteristic hazardous waste determination must be made by the generator by one of two methods:

• Test the waste by a method specified in 40 CFR 261, Subpart C, such as flash point, pH, or toxicity.
• Apply “Generator Knowledge” of the material based on its chemical composition (refer to the MSDS) or the process of generation.

The above description is far too brief for a process as complicated and important as a generator’s waste determination.  However, the process itself is not the point of this article and that quick synopsis allowed me to jump to what is the point:  One of the four hazardous waste characteristics – REACTIVITY.  Reactivity (waste code D003) joins three other characteristic hazardous wastes:

• D001 – Ignitability
• D002 – Corrosive
• D004 to D043 – Toxicity

Reactive hazardous waste is unique among the characteristic hazardous wastes in that it lacks an approved test method to aid you in determination.  You must rely on your knowledge of the waste and the processes of generation.  Some definitions from other regulatory agencies may assist you in this determination, more on this later.

A reactive hazardous waste is identified in 40 CFR 261.23.  It is a solid waste that is not excluded at 40 CFR 261.4and it displays any of the following:

1. It is normally unstable and readily undergoes violent change without detonating.
2. It reacts violently with water.
3. It forms potentially explosive mixtures with water.
4. When mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.
5. It is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.
6. It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement.
7. It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure.
8. It is a forbidden explosive as defined in 49 CFR 173.54, or is a Division 1.1, 1.2 or 1.3 explosive as defined in 49 CFR 173.50 and 173.53.

A reactive hazardous waste can include:

• Cyanide-bearing electroplating solutions.
• Lithium batteries – It may be best to manage fully-charged lithium batteries as a universal waste.
• Sodium metal.
• White and yellow phosphorus.
• Aerosol cans if not destined for recycling or “RCRA Empty” per 40 CFR 261.7(b)(2).

I intend to devote an article to the last bullet point of the above at a later date.  For now, I suggest you do everything possible to completely empty aerosol cans for their intended use.  You may also wish to consider the purchase of an aerosol can puncture device.  Or, manage your aerosol cans as a D003 hazardous waste.

Lastly, as I wrote earlier, though US EPA doesn’t provide much guidance as to what a reactive hazardous waste may be, other agencies, notably OSHA and the US DOT have some regulatory definitions that you may find helpful.  They are:

OSHA @ 29 CFR 1910.1200

• Pyrophoric chemical
• Unstable reactive chemical
• Water-reactive chemical

US DOT @ 49 CFR 173.124

• Spontaneously combustible material
• Self-heating material
• Dangerous when wet

A reactive hazardous waste may be a material like Trinitrotoluene that you are certain will never be found at your facility.  Or, it may be a more common material like a lithium battery or an aerosol can.  Whichever, you are responsible for determining the hazardous waste characteristics – or lack of- for all of your waste.  This completed, you must then determine the quantity of hazardous waste you generate and from that, your hazardous waste generator status.  Your regulatory requirements as a generator of hazardous waste are determined by your status:  Large Quantity Generator, Small Quantity Generator, or Conditionally Exempt Small Quantity Generator.

I cover all this, and a lot more in the four hour morning session of my 1 day training events.  These four hours meet the US EPA training requirements for hazardous waste personnel found at 40 CFR 265.16.  The four hours of the afternoon are dedicated to fulfilling the training requirements for DOT HazMat Employees found at 49 CFR 172, Subpart H.  Click here to see if there is a date and location convenient to you.

The prospect of burning used oil on-site for energy recovery may seem daunting.  You may think that the regulatory burden and related costs would far outstrip any savings on fuel consumption.  I think you may be pleasantly surprised to learn how accommodating the US EPA regulations can be.  In certain conditions, you can even burn used oil you collect from outside parties.  Keep in mind that this information is based on the Federal regulations of the US EPA your state may have more strict requirements and additional limitations. Also keep in mind that if you intend to accumulate used oil on-site you may become subject to the Spill Prevention Control and Countermeasure requirements found at 40 CFR 112.

First of all, used oil is defined at 40 CFR 279.1 as,  “any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities.”  It can include:

• Motor oil
• Hydraulic fluid
• Electrical insulating oils
• Transmission fluid
• Compressor oils

The advantages to burning used oil on-site for energy recovery as opposed to shipping it off-site for disposal include the following:

Better for the environment given the reduced resource consumption in collecting, transporting, and processing the oil at an off-site location.

Reduced disposal costs since you will be burning the waste on-site and no longer require a transporter and disposal facility to perform this role.

Reduced heating costs as you replace the fuels you typically purchase for consumption with Used Oil.

First you must determine if the used oil you generate and/or collect for energy recovery is Specification Used Oil orOff-Specification Used Oil.  If the concentration of constituents in your used oil is below the allowable levels identified in Table 1 of 40 CFR 279.11 and you comply with the requirements of 49 CFR 279.72, 279.73, and 279.74(b), see here for these requirements, then you have a Specification Used Oil that is not subject to the requirements of 40 CFR 279.  That means the oil can be burned for energy recovery in any device without US EPA restrictions.  See here for more information from US EPA about the determination and regulation of Specification Used Oil for energy recovery.   Note that mixtures of used oil and hazardous waste per 40 CFR 279.10(b) cannot be considered a Specification Used Oil.

If you generate an Off-Specification Used Oil, there are still options available to you for on-site energy recovery.  Pursuant to 40 CFR 279.12(c) Off-Specification Used Oil may be burned for energy recovery in only one of the following devices:

• Industrial furnaces defined at 40 CFR 260.10.
• Boilers defined at 40 CFR 260.10.
• Hazardous waste incinerators subject to the regulations found at 40 CFR 264, subpart O.
• And, space heaters provided they meet the requirements of 40 CFR 279.23.

So, just what are the requirements of 40 CFR 279.23 that will allow you to burn Off-Specification Used Oil for energy recovery in a space heater at your facility?  First, the used oil must either be generated by the owner of the space heater – this includes off-site locations aggregated to one location – or be received directly from a Household “do-it-yourselfer” as defined at 40 CFR 279.1.  Secondly, the heater must have a design capacity not to exceed 0.5mmBtu/hr and the combustion emissions must be vented to the ambient air.  Burning of any used oil with PCB’s is subject to the requirements of 40 CFR 761.20(e).

Now let’s return to management of Specification Used Oil.  Remember that determining the constituent levels to be below the allowable levels of Table 1 of 40 CFR 279.11 is just the first part.  You must also comply with 40 CFR 279.72, 279.73, & 279.74(b).

• 40 CFR 279.72 – You must maintain – for 3 years – records of analysis or other determination that the oil meets the requirements of 40 CFR 279.11.
• 40 CFR 279.73 – If you don’t already have one, a US EPA identification number may be required for your site.
• 40 CFR 279.74(b) – If the used oil is to be shipped off-site, you must maintain records of its shipment.  Note this does not require the use of a Uniform Hazardous Waste Manifest or Shipping Paper.  Carefully check your state regulators as I know there are some who disagree with the US EPA on this point.

Speaking of off-site transportation, you must ensure compliance with both US EPA and US DOT regulations for this activity.  Per 40 CFR 279.24 if using a common-carrier for off-site shipment, you must ensure the transporter has a US EPA identification number.  A generator may self-transport – without a US EPA identification number – used oil it’s generated to either an approved oil collection center or to an aggregation point it owns if it transports no more than 55 gallons at a time and uses a company or employee owned vehicle.

40 CFR 279.24 also includes relaxed requirements for “Tolling Arrangements” where used oil is shipped off-site for reclamation and returned to the generator.  Again, check closely with your states on this one.

It is unlikely, though possible, that an Off-Specification Used Oil – let alone a Specification Used Oil – will meet the US DOT definition of a hazardous material found at 49 CFR 171.8.  However, circumstances may vary and it is important for you to carefully review your used oil and the Hazardous Material Regulations (HMR) to determine the applicable US DOT requirements for transportation.

Used oil may represent a potential fuel combustion source you can use to heat your facility throughout the winter months.  Or, you may continue to ship used oil off-site for final disposal.  Please use the above information as a one component in determining what option works best for your facility.  Please feel free to contact me if you wish to share your experience with the combustion of used oil for energy recovery at your company.

Most of the attendees at my training events – check my Schedule of Events to see when I’ll be in your area – come from the manufacturing industry.  There are many other commercial activities that are subject to the US DOT regulations governing the transportation of hazardous materials and the US EPA regulations governing the generation, handling, and disposal of hazardous waste; one of these is hospitals (SIC’s 8062 & 8069).  As a matter of fact, a hospital administrator recently pled guilty to criminal charges of willfully or knowingly disposing of hazardous waste (STERIS 20 in this case) in an improper manner (click here for the Agency press release).

In the eyes of the US EPA, a hospital is no different than any other industrial facility subject to its hazardous waste regulations found in 40 CFR 260-265.  Before you can comply with the regulations however, and avoid the violations listed below, you must be aware of the potential violations.

Below is a list of the 15 Most common Hazardous Waste Violations and Problems Found at Hospitals according to US EPA Region 2.  I included my own comments where I think they may be helpful.  You can see the original listhere.

All of the above violations, except for numbers 13 & 14 are covered extensively at my training events.  For as low as $475 you can attend an entire day of training that meets not only the US EPA hazardous waste regulations, but the US Department of Transportation regulations for the transportation of hazardous materials (HazMat).  Don’t forget that the off-site transportation of hazardous waste is regulated by the US DOT as is the receipt of the hazardous materials as product.

Please don’t hesitate to contact me with questions about my training services and how they might apply to your operations.  I can tailor the training to your needs, including conducting on-site training for all of you applicable employees in one day.

Q:  I need to ship a small amount of our product (let’s say <1 gallon of a flammable solvent blend) from our distribution facility in Des Moines, IA to our QC lab in Akron, OH.  Our salespeople travel this route regularly by company car, can I have one of them transport this hazardous material?  What US DOT regulations must I comply with?

A:  Transportation of product of this quantity by motor vehicle over public roadways is acceptable under the Materials of Trade Exception to the Hazardous Materials Regulations (HMR).  You need only comply with the relatively simple requirements of 49 CFR 173.6.

Q:  OK, what about the same material shipped by a common carrier or UPS or the US Postal Service?

A:  You must follow all the requirements of the HMR for shipping papers, placards, labels, and markings.  The Materials of Trade Exception only applies if you are transporting your HazMat in your motor vehicle.  The Carrier or their industry group (the International Air Transport Association or IATA is a creation of the airline industry) may have additional requirements.

Q:  What if I need to ship the sample in order to determine its hazards, how do I select a proper shipping name, identification number, hazard class, packing group, etc?

A:  49 CFR 172.101(c)(11) states that except for certain materials, you as a Shipper may assign a tentative shipping name, hazard class, and ID # to a hazardous material (including a hazardous waste) based on your knowledge of its characteristics, the hazard precedence found in 49 CFR 173.2(a), and the hazard classes as defined in the HMR.  Some additional – relatively simple – compliance requirements are found at 172.101(c)(11)(iv), research these if you wish to use this exemption.

Q:  What if the material I want to ship for analysis is a waste and has the potential to be a hazardous waste?  What then?

A:  As noted above, 49 CFR 172.101(c)(11) includes hazardous waste.

Q:  Yeah, but what about the US EPA regulations for hazardous waste?  Have you forgotten about them?

A:  There are two US EPA exclusions from the full regulation of the Resource Conservation and Recovery Act (RCRA) for this type of material.  The first, found at 40 CFR 261.4(d) is for small (US EPA says <1 gallon) waste characterization samples collected and shipped solely to determine the hazardous waste characteristics or composition.  The exclusion applies to any stage of the process of sample collection, temporary storage, shipment, and analysis.  As long as you meet the requirements of the exclusion, the sample is not subject to the RCRA regulations for labeling, inspections, personnel training, on-site accumulation time limits, generator status determination, etc.  When shipping the sample you must either comply with the requirements of the US DOT or US Post Office (see above) or if there are none, the requirements of 40 CFR 261.4(d)(2)(ii).

The second exclusion, found at 40 CFR 261.4(e) is for treatability study samples as defined at 40 CFR 260.10.  Somewhat similar to the waste characterization sample exclusion already discussed, this exclusion is more narrow in its allowances and more strict in it requirements.  I suggest a close reading of this regulation if you wish to use this exclusion.  Like the waste characterization sample exclusion, the US EPA requires compliance with applicable US DOT and/or US Postal Service regulations, or compliance with the requirements of 40 CFR 261.4(e)(2)(iii)(B)(1-5) when it comes time for off-site shipment of the sample.  Anything else?

Recently, Waste Management LampTracker, Inc. was fined $118,800 for violations at its Kaiser, MO facility where it collects and recycles universal waste lamps, mercury-containing equipment, and batteries (US EPA news release).  Its violations include:

• Failure to maintain adequate aisle space in storage areas.
• Failure to close and label hazardous waste containers.
• Failure to conduct RCRA Training for its hazardous waste personnel.
• Failure to close universal waste containers (emphasis mine).

It is the last of these that jumped out at me.  How is it that a company that specializes in the handling of universal waste could make such a fundamental oversight in its handling?  Perhaps you should take a close look at the way you handle universal waste at your facility to ensure fines such as these don’t happen to you.

The universal waste regulations, found at 40 CFR 273 and summarized well on this US EPA website, were created in 1995 to reduce the regulatory burden for commercial facilities that might otherwise be generators  of hazardous waste and to reduce landfill disposal and increase recycling of certain kinds of hazardous waste.  Since the wastes originally considered for this regulation are generated in a multitude of commercial activities, they were designated as universal waste.  Any industrial, municipal, or commercial facility may take advantage of the universal waste regulations if it generates the type of hazardous waste specified.  The four types of hazardous waste identified by the US EPA that may be handled as universal waste are:

• Lamps or bulbs.
• Batteries.
• Mercury-containing equipment (formerly:  mercury thermostats only).
• Pesticides.

I will only address the first three of the above in this article.  More information about recalled or cancelled pesticides can be found here:  What is a Universal Waste Pesticide?

In order to avoid the kinds of fines faced by WM LampTracker you must ensure your universal waste is handled properly.  First of all, the universal waste must be labeled; any of the following is acceptable:

• “Universal Waste – Battery/Lamp/Mercury-Containing Equipment”
• “Waste – Battery/Lamp/Mercury-Containing Equipment”
• “Used – Battery/Lamp/Mercury-Containing Equipment”

If you don’t have a container to label, you can place a sign over a designated storage area or use your imagination to ensure a label is visible and legible.

Speaking of containers, the requirements for universal waste vary based on the type.  Only lamps are required to be in closed containers from the moment of generation.  Batteries and mercury-containing equipment need only be placed in containers if they show signs of leaking or damage.  In any case where a container is required, it must remain closed at all times unless adding or removing waste.

The biggest regulatory relief afforded by the universal waste regulations is the allowance of up to one year for on-site accumulation.  You may accumulate universal waste even longer if the sole purpose is to have enough to justify an off-site shipment.  In other words, hold on to that half-full 5-gallon bucket of batteries until it is full; no matter how long it takes.  Keep in mind that you must be able to justify your decision to retain the waste beyond one year.  In any case, you must be able to identify the date of accumulation through labels, signage, or an inventory system.

Refer to 40 CFR 273 for a full list of on-site waste management practices you are allowed and the regulatory requirements.  Keep in mind that any of the below may result in the generation of a solid waste and possibly a hazardous waste.

• Sorting of batteries by type or combining in one container.
• Discharging residual charge in batteries or regenerating them.
• Disassembling batteries or battery packs.
• Removing batteries from consumer products.
• Removing electrolytes from batteries.
• Remove mercury ampules from equipment.

Notice that there are no waste management methods mentioned for lamps in 40 CFR 273, so where does this leave bulb crushers?  It does say that a handler “must immediately clean up and place in a container any lamp that is broken…” without indicating if the breakage is accidental or a deliberate form of on-site management.  I advise that bulb crushers be considered carefully before use.  Many states require a permit, quarterly reports, and/or air monitoring to ensure limits on airborne mercury concentrations are not exceeded when bulb crushers are used.  The burden of compliance with these state regulations may outweigh any benefits to crushing your bulbs.  Also, the crushed bulbs may no longer be accepted as universal waste and may need to be handled as hazardous waste.  Some states, such as Indiana, forbid the crushing of lamps if you intend to manage them as universal waste (more).

Spills of universal waste should be immediately cleaned-up and placed in a container to minimize any further release.  Incidental breakage of a universal waste such as broken bulbs, leaking batteries, cracked thermometers, etc. does not preclude their handling as universal waste as long as they have been placed in a container to minimize any further release.

And finally, off-site shipments of universal waste must be transported by a Universal Waste Transporter and are prohibited from being transported to anything other than another Universal Waste Handler, a destination facility (defined at 40 CFR 273.9), or a foreign destination.

After this point, your regulatory requirements depends on how much universal waste you accumulate (not generate) on-site.  If you accumulate <5,000 kg of universal waste you are a Small Quantity Handler.  In addition to the above handling requirements, you must inform applicable personnel of proper handling and emergency procedures for your universal waste.  This may be in the form of classroom training, on-the job instruction, signs, labels, etc.  If you accumulate >5,000 kg of universal waste, you are a Large Quantity Handler and are required to obtain an EPA ID# unless you already have one, and to ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures.  This language is deliberately similar to that in 40 CFR 262.34(d)(5)(iii) for Small Quantity Generators of hazardous waste.  Other than the need for an EPA ID# and the level of employee awareness, there is little difference between a LQH and SQH of universal waste.

All of the above are Federal requirements.  You must carefully research your state requirements as well to ensure full compliance.  Many states have added to the list of materials managed as universal waste or have not fully adopted all of the original 1995 regulation or subsequent amendments.  A US EPA directory of state-specific requirements can be found here.

As always, proper training is important to achieve a full understanding of not only the universal waste regulations, but of all hazardous waste regulations under RCRA.  My one-day training events meet the US EPA requirements for RCRA Training and the US DOT requirements for HazMat Certification.  I can also conduct on-site training for all of your applicable employees in one day.

Generators of hazardous waste should be aware of the packaging requirements of the U.S. Department of Transportation (USDOT) when shipping their hazardous waste off-site for final treatment and disposal:  the packaging must be in good condition, approved by the USDOT for the use of hazardous materials, it must be labeled per DOT requirements, and it must be closed and sealed to prevent a release during transportation.

What aren’t as clear are the U.S. Environmental Protection Agency (USEPA) requirements for a “closed container” while the waste is accumulated on-site.  In order to answer this question – which has come up many times during my training events – I relied heavily on a USEPA memorandum: Guidance on 40 CFR 264.173(a) and 265.173(a):  Closed Containers. (more…)