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 second 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 262.251 Maintenance and operation of facility. (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 first 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 262.250 Applicability (of the preparedness, prevention, and emergency procedures for large quantity generators). (more…)

The COVID-19 public health emergency within the U.S. has created an unprecedented challenge for EHS professionals. One challenge: what to do with the waste generated during the testing for the coronavirus and the treatment of those with COVID-19? An earlier article (FAQ: Are wastes associated with COVID-19 a hazardous waste?) explained the status of this waste under Federal regulations of the USEPA and state regulations – primarily for its on-site management.

This article will address the regulatory requirements of the U.S. Environmental Protection Agency (USEPA), state environmental regulatory agencies, and the Pipeline and Hazardous Materials Safety Administration within the U.S. Department of Transportation (USDOT/PHMSA) for the off-site transportation of waste contaminated – or potentially contaminated – with SARS-CoV-2 (the virus that causes COVID-19). (more…)

No.  Wastes such as used medical equipment or personal protective equipment contaminated with the coronavirus are not regulated as a hazardous waste under USEPA regulations.

Regulations codified under the Resource Conservation and Recovery Act (RCRA) identify solid waste as a any discarded material not excluded by regulation.  The used medical equipment, personal protective equipment (PPE), or COVID-19 test kits generated in connection with the diagnosis, treatment, or immunization of persons infected – or suspected of being infected – with SARS-CoV-2 (the virus that causes COVID-19) will be a solid waste.

To meet the criteria of a hazardous waste, a solid waste must be one – or both – of the following according to USEPA regulations:

• Identified on one of the lists of hazardous waste at 40 CFR 261, subpart D; i.e., a listed hazardous waste.
• Display one of the characteristics of a hazardous waste identified at 261, subpart C; i.e., a characteristic hazardous waste.

Lists of hazardous waste:

• F001-F039 – Hazardous waste from non-specific sources.
• K001-K181 – Hazardous waste from specific sources.
• U001-U411 – Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof (toxic).
• P001-P205 – Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof (acutely toxic).

Characteristics of hazardous waste:

• D001 – Characteristic of Ignitability.  Liquid, solid, or gas that can self-ignite and burn vigorously or is capable of ignition at a temperature below a regulatory threshold.  It also includes oxidizers.
• D002 – Characteristic of Corrosivity.  Liquid of low (acid) or high (alkaline) pH or liquid capable of corroding steel.
• D003 – Characteristic of Reactivity.  Includes: waste that is unstable and readily undergoes violent change without detonation; waste that reacts violently with water; waste that emits toxic levels of cyanide or sulfide gas, waste that is capable of detonation.
• D004-D043 – Characteristic of Toxicity. Waste that contains an identified toxin that is leachable from the waste and is above a regulatory threshold.

USEPA regulations do not define wastes as hazardous due to their infectious nature, including those contaminated by the novel coronavirus which causes COVID-19.  It is up to the generator of the waste to complete the hazardous waste determination.  However, I can, with some confidence, write that it is unlikely a solid waste contaminated with SARS-CoV-2 will either be a listed hazardous waste or display a characteristic of a hazardous waste.

Non-hazardous solid waste – including waste contaminated with SARS-CoV-2 – is subject to state regulatory programs.  This includes states that lack RCRA authorization, e.g., Iowa, Alaska, and Puerto Rico.  State regulations for the management of medical waste vary between the states.  For example, not all states refer to this waste as medical waste, but I will for this article.  This website is a great place to start to determine the regulations of your state for the management of medical waste.

The Centers for Disease Control and Prevention (CDC) has helpful guidance for medical waste generated by healthcare facilities:

Medical waste (trash) coming from healthcare facilities treating COVID-2019 patients is no different than waste coming from facilities without COVID-19 patients. CDC’s guidance states that management of laundry, food service utensils, and medical waste should be performed in accordance with routine procedures. There is no evidence to suggest that facility waste needs any additional disinfection.

More guidance about environmental infection control is available in section 7 of CDC’s Interim Infection Prevention and Control Recommendations for Patients with Confirmed COVID-19 or Persons Under Investigation for COVID-19 in Healthcare Settings.

If you are a healthcare provider, medical facility, hospital, community-based testing site, or some other commercial or government facility generating a waste potentially contaminated with the SARS-CoV-2 virus, you should do the following regarding that waste:

1. Conduct a documented hazardous waste determination.
2. If a hazardous waste (unlikely), manage it according to USEPA and state regulations as a hazardous waste.  Be sure to inform the transporter and designated facility it may be contaminated with the coronavirus.
3. If not a hazardous waste, research your state regulations to determine your cradle-to-grave responsibility for its on-site and off-site management as a medical waste.
4. Follow CDC and OSHA guidelines to ensure worker protection.
5. Comply with USDOT/PHMSA regulations for its off-site transportation as a Division 6.2 Infectious Substance.
6. Keep records of all activities.
7. Be safe.

USEPA and most states do not regulate the wastes generated by a homeowner.  Even California does not currently regulate home-generated medical waste, with the exception of sharps (i.e., needles).  Therefore, household waste that has come in contact with someone who has COVID-19 should be managed with prudence but is not subject to regulation.  This fact sheet from the Illinois EPA contains information helpful to any homeowner for management of this waste and related items.

Yes.  USEPA allows for an exceedance of the hazardous waste generator volume threshold / limit if due to the COVID-19 public health emergency.

Pursuant to Federal USEPA regulations some generators of hazardous waste are limited to the volume of hazardous waste they may accumulate on-site at one time.  Generators that exceed this limit / threshold either lose their allowance to accumulate hazardous waste without a permit (SQG) or must comply with the regulations of the higher generator category (VSQG to SQG).  Those thresholds / limits:

• Large quantity generator (LQG) has no volume threshold or limit.
• Small quantity generator (SQG) may not exceed 6,000 kg (13,200 lb) of hazardous waste on-site at one time.
• Very small quantity generator (VSQG) may not exceed 1,000 kg (2,200 lb) of hazardous waste on-site at one time.

Unlike the on-site accumulation time limit for hazardous waste accumulated by LQGs and SQGs, USEPA regulations do not provide for an exceedance to these volume thresholds / limits.

That has changed due to USEPA’s Temporary Enforcement Discretion Policy in Light of COVID-19.  Part I.D.4 reads (emphasis added):

If a facility is a generator of hazardous waste and, due to disruptions caused by the COVID-19 pandemic, is unable to transfer the waste off-site within the time periods required under RCRA to maintain its generator status, the facility should continue to properly label and store such waste and take the steps identified under Part I.A, above. If these steps are met, as an exercise of enforcement discretion, the EPA will treat such entities to be hazardous waste generators, and not treatment, storage and disposal facilities. In addition, as an exercise of enforcement discretion, the EPA will treat Very Small Quantity Generators and Small Quantity Generators as retaining that status, even if the amount of hazardous waste stored on site exceeds a regulatory volume threshold due to the generator’s inability to arrange for shipping of hazardous waste off of the generator’s site due to the COVID-19 pandemic.

Note1:  The reference to Part I.A in the above quotation is to the General Conditions of the enforcement discretion which pretty much says:

• Generators should make every effort to comply with their environmental compliance obligations, and;
• If compliance is not reasonably practical, generators should act responsibly to minimize the effects and duration of the non-compliance, return to compliance ASAP, and document everything.

Please refer to this article if you are interested in the first part of the above quotation that refers to the enforcement discretion available for the on-site accumulation time limits of a LQG and SQG

USEPA’s temporary policy clearly allows for an enforcement discretion if a VSQG or SQG exceeds their on-site accumulation volume limit / threshold as long as other conditions of the policy are met.

So, what’s a hazardous waste generator to do?

1. Contact your regional USEPA (if you operate in a state lacking RCRA authorization) or your state environmental agency (if your state has RCRA authorization) to inform them you will – or have – exceeded your on-site accumulation volume threshold / limit.  This notification is not required by the regulations or the enforcement discretion, but I recommend you do it anyway.  Read: RCRA State Authorization
2. Comply with all other Federal and state regulations applicable to your hazardous waste generator category to the best of your ability during the COVID-19 public health emergency.
3. Non-compliance with other regulatory requirements (e.g., weekly inspections) due to the COVID-19 public health emergency must be addressed separately.
4. Document your activities and correspondence and maintain as a record.
5. Return to compliance as soon as you are able.

Yes.  USEPA allows for an extension to accumulation time limits due to the COVID-19 public health emergency.

Pursuant to Federal USEPA regulations at 40 CFR 262.16(d) for a small quantity generator of hazardous waste (SQG) and §262.17(b) for a large quantity generator (LQG), an extension to the standard on-site accumulation time limit (180 or 270 days for a SQG, 90 days for a LQG) of up to 30 days may be granted by USEPA (or your state if it has an authorized hazardous waste program).  This extension may be granted if…

…hazardous wastes must remain on site for longer than 90 days (or 180 or 270 days for an SQG) due to unforeseen, temporary, and uncontrollable circumstances.  An extension of up to 30 days may be granted at the discretion of the Regional Administrator on a case-by-case basis.

I believe the current COVID-19 public health emergency qualifies for this extension.

Also, from USEPA’s Temporary Enforcement Discretion Policy in light of COVID-19.  Part I.D.4 reads:

If a facility is a generator of hazardous waste and, due to disruptions caused by the COVID-19 pandemic, is unable to transfer the waste off-site within the time periods required under RCRA to maintain its generator status, the facility should continue to properly label and store such waste and take the steps identified under Part I.A, above. If these steps are met, as an exercise of enforcement discretion, the EPA will treat such entities to be hazardous waste generators, and not treatment, storage and disposal facilities. In addition, as an exercise of enforcement discretion, the EPA will treat Very Small Quantity Generators and Small Quantity Generators as retaining that status, even if the amount of hazardous waste stored on site exceeds a regulatory volume threshold due to the generator’s inability to arrange for shipping of hazardous waste off of the generator’s site due to the COVID-19 pandemic.

Note1:  The reference to Part I.A in the above quotation is to the General Conditions of the enforcement discretion which pretty much says:

• Generators should make every effort to comply with their environmental compliance obligations, and;
• If compliance is not reasonably practical, generators should act responsibly to minimize the effects and duration of the non-compliance, return to compliance ASAP, and document everything.

Note2:  The reference to amount of hazardous waste accumulated by a VSQG or SQG in the above quotation will be addressed in a separate article. 

USEPA’s temporary policy clearly allows for an enforcement discretion if an SQG or LQG exceeds their on-site accumulation time limits as long as other conditions of the policy are met.

The language on USEPA’s website of FAQ’s related to hazardous waste generators and COVID-19 are less clear than the above.  But there also it states that generators may request an extension to their on-site accumulation time limits from USEPA or their state as is allowed by §262.16(d) and §262.17(b).

So, what’s a hazardous waste generator to do?

1. Contact your regional USEPA (if you operate in a state lacking RCRA authorization) or your state environmental agency (if your state has RCRA authorization) to request an extension to the on-site accumulation time limit.  Read: RCRA State Authorization
2. Comply with all other Federal and state regulations applicable to your hazardous waste to the best of your ability during the COVID-19 public health emergency.
3. Non-compliance with other regulatory requirements (e.g., weekly inspections) due to the COVID-19 public health emergency must be addressed separately.
4. Document your activities and correspondence and maintain as a record.
5. Return to compliance as soon as you are able.

The Bullet:

California’s Paint Stewardship Law requires the paint manufacturing industry to develop a financially sustainable and environmentally responsible program to manage post consumer architectural paint.  The program includes setting up convenient recycling locations throughout California where people and business can bring unused paint.

Who:

• Paint manufacturers created PaintCare, a non-profit organization, to operate the paint stewardship program in California.
• People bringing paint from their homes can bring as much latex or oil-based paint as the site is willing to accept.
• Businesses (painting contractors and others) can use this program with the following restrictions:
  •  Any amount of latex paint the site is willing to accept.
  • Oil-based  paint is acceptable only from a business that generates no more than 100 kg (220 lb or about 20-30 gallons) of RCRA-hazardous waste per month.

What:

PaintCare Products (accepted for free at drop-off sites):

• Interior and exterior architectural paints: latex, acrylic, water-based, alkyd, oil-based, enamel (including textured coatings).
• Deck coatings, floor paints (including elastomeric).
• Primers, sealers, undercoaters.
• Stains
• Shellacs, lacquers, varnishes, urethanes (single component).
• Waterproofing concrete/masonry/wood sealers and repellents (not tar or bitumen-based)
• Metal coatings, rust preventatives.
• Field and lawn paints.

Non-PaintCare Products (not accepted):

• Leaking, unlabeled, and empty containers.
• Containers of more than 5 gallons.
• Paint thinners, mineral spirits, solvents.
• Aerosol paints (spray cans).
  • These may be managed as a universal waste in California.
• Auto and marine paints.
• Art and craft paints.
• Caulk, epoxies, glues, adhesives.
• Paint additives, colorants, tints, resins.
• Wood preservatives (containing pesticiedes)
• Roof patch and repair.
• Asphalt, tar, and bitumen-based products.
• 2-component coatings.
• Deck cleaners.
• Traffic and road marking paints.
• Industrial Maintenance (IM) coatings.
• Original Equipment Manufacturer (OEM)(shop application) paints and finishes.

Where:

To find your nearest drop-off site, use PaintCare’s search tool at www.paintcare.org or call its hotline at 855.724.6809.

When:

No time restrictions.

Why:

PaintCare will ensure the unused paint is remixed into recycled paint, used as a fuel, made into other products or properly disposed.

How:

Consumers pay fees for PaintCare Products at the time of purchase.  The fees are used to fund the collection and recycling of paint and the remainder of the Paint Stewardship Program in California.

Conclusion:

California is one of only eight states with a Paint Stewardship Program.  I encourage any person or business to take advantage of this free program.

Federal regulations of the U.S. Environmental Protection Agency (USEPA) mandate a small quantity generator of hazardous waste (SQG) take certain precautions to prepare for and prevent hazardous waste emergencies and to take certain measures if one were to occur. These regulations are found within the SQG conditions of exemption at 40 CFR 262.16:

• 40 CFR 262.16(b)(8) Preparedness and prevention
• 40 CFR 262.16(b)(9) Emergency procedures

This article is the first in a series that closely examines these regulations and attempts to make them understandable.

The purpose of this article: 40 CFR 262.16(b)(8)(i) Maintenance and operation of facility. (more…)

EXAMPLE

 (Insert Company Letterhead)

Date

Name of Local Police Department / Fire Department / Other Emergency Response Team / Emergency Response Contractors or Suppliers / Local Hospitals / (if applicable) Local Emergency Planning Committee

Attn: Local Authority Contact

Street Address

City, State, Zip code

Dear Local Authority Contact:

This letter is written as a requirement of the Hazardous Waste Rules adopted by the State of Your State.  The purpose of this letter is to document arrangements to familiarize (Name of Local Authority) with the layout of the facility; types, quantities, and properties of hazardous waste handled at the facility and associated hazards; places where facility personnel would normally be working; entrances to roads inside the facility; possible evacuation routes; and the types of injuries or illnesses which could result from fires, explosions, or releases at the facility.

Name of Facility is located at Address of Facility. Name of the Facility engages in activities that make it subject to the preparedness, prevention, and emergency procedures of USEPA and Your State; these include:

• Include a description of the activities/processes that occur at the site.

Hazardous waste is generated as a result of describe the process generating hazardous waste, and is accumulated at this facility. In accordance with select which applies: 40 CFR 262.16(b)(8)(vi) [for SQGs] or 40 CFR 262.256 [for LQGs], we are providing your facility with the following information:

• A layout of the facility showing areas where hazardous waste is generated and accumulated, places where facility personnel would normally be working, entrances to roads inside the facility and possible evacuation routes. (Attach information)
• A description of the types, quantities, and properties of hazardous waste handled at the facility and the associated hazards. (Attach information or describe here)
• A description of the types of injuries or illnesses which could result from fires, explosions, or releases at the facility. (Attach information or describe here).

We are requesting that your facility provide the following services in the event of an emergency regarding hazardous waste generation and accumulation at the facility:

• (Describe/Specify the requested Services) (Where more than one police or fire department might respond, facility must have agreements designating primary emergency authority to a specific police or fire department, and agreements with any others to provide support to the primary emergency authority)

If you do not agree with the arrangements, have questions, or need additional information please call me at Phone Number of Facility.

Sincerely,

Facility Contact Signature

Facility Contact Name