A question about the classification of a waste as a non-hazardous industrial solid waste in Texas on Mar 8, 2022, 12:09 PM:
Daniel,
Thank you for the assistance on the UW issues I asked about in February of this year. Can you provide me with your comments on the following for waste classification in Texas for Class II classification?
We have a pretreatment system that we use to pre-clean metal parts prior to powder coating process and the tanks (1-6) go through a Quarterly PM (pressure washing process of all tanks internal walls and floor after first being emptied into a holding tank with pH adjusted per local city discharge and discharged directly into city drain).
The rinse water from this cleaning process from inside the tanks is vacuumed and removed with any sludge found on the bottom which might be in the rinse water if any. We are using Class 1 classification and I think it should be Class 2 and all lab tests on this rinse water have no elevated parameters to ever be classified as hazardous. On top of that all the tanks are emptied prior to any rinsing because the tanks are now emptied into the holding tank for final discharge into city wastewater drain.
I also wonder if this “waste water” could be excluded from any RCRA regulations and regulated instead by the Clean Water Act.
Class 1 non-hazardous industrial solid waste in Texas includes the following classifications:
Empty containers with a capacity of more than 5 gallons.
Friable asbestos.
Polychlorinated biphenyls (PCBs).
Petroleum substance waste
New chemical substance
Out-of-state origin
Ignitable liquid and solid
Corrosive solid or semi-solid
Reactive cyanides
Toxic
Absence of data/knowledge to classify as Class 2 or 3.
Of the above classification options, it appears to me the waste would only be a Class 1 non-hazardous industrial solid waste if it meets the criteria for a toxic waste in the Texas Administrative Code (TAC) at 335.505(1). If it does, it is a Class 1 waste. If not, then it isn’t Class 1.
Of course, you have the option to self-classify it as a Class 1 waste as long as you are able to prove it is not a hazardous waste.
Class 2 non-hazardous industrial solid waste in Texas includes the following:
Plant trash
Supplemental plant production refuse.
Empty containers with a capacity of 5 gallons or less.
Out-of-state origin and TCEQ approves as Class 2.
Of the above, this waste can only be Class 2 as a supplemental plant production refuse per 335.508(3)(B).
The waste water could be managed under the Clean Water Act (CWA) and be exempt from all hazardous waste regulations (USEPA & TCEQ) if its discharge is covered under a Federal permit with USEPA or with your publicly operated treatment works (POTW).
I hope this information is of some assistance. Please contact me with any other questions.
His reply:
Your assistance has been greatly appreciated and thank you for your e-mail. Have a great day.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
A question from the Lone Star State August 12, 2020:
Hi Daniel,
I have a question pertaining to the PPRW. We are SQH and I have been trying to figure out if it’s ok to Cure, process, and then dispose of our paint that is classified as UW in the garbage. Some people are saying yes that this is allowed but I can not seem to find where the information and code for this is.
I would greatly appreciate your help and advice.
Note: PPRW = Universal Waste Paint and Paint-Related Waste
Note: SQH = Small Quantity Handler of universal waste
Must have been snagged by my spam filter because I didn’t reply until August 18th:
I can assist you. Question: What state are you in?
As the generator of a waste you must determine if it is a hazardous waste.
If a hazardous waste, you have the option (in Texas) to manage PPRW as a universal waste.
Universal waste paint & paint-related waste is unique to Texas. It is not recognized by Federal regulations of USEPA. Some states have similar universal waste types, e.g., oil-based finishes in Pennsylvania, but not nearly as broad as that of Texas.
If you choose to manage as a universal waste instead of hazardous waste you must then manage it subject to Texas universal waste regulations.
Texas regulations at 30 TAC 335.261(b)(18) read: (a small quantity handler of universal waste is…) “Prohibited from diluting or treating universal waste, except when responding to releases…”
What you describe would be considered treatment and is not allowed.
Also, universal waste may only be sent to another handler or to a destination facility, not a solid waste landfill.
I hope this helps. Please contact me with any other questions.
Conclusion:
I did not hear back from them. It may not have been the answer they wanted, but it does inform them of what they must do to comply with the regulations of the TCEQ for Texas.
Contact me the next time hazardous waste generator USEPA training is due to expire.
Though I’m based in Illinois, I conduct training all over the country and have been to Texas for training several times. If travel costs are a limiting factor (my Onsite Training includes reimbursement for my travel costs) the same training can be provided by a live interactive webinar.
A question from a waste generator in the great state of Texas back in November of 2020:
Hi, Daniel
I work in a privately own Petro chemical lab. We serve the public and many big Oil companies. We test crude oil and gases for composition mostly.
My question is we are should be listed as Non-industrial right?
Thanks!
My reply that same day:
Thank you for contacting me. Please see below.
Based on the regulations of the Texas Administrative Code (TAC) and guidance provided by TCEQ I believe the waste you generate qualifies as Industrial. Please see below:
Industrial versus Nonindustrial Wastes: Industrial wastes result from (or are incidental to)operations of industry, manufacturing, mining, or agriculture—for example, wastes from power generation plants, manufacturing facilities, and laboratories serving an industry. Nonindustrial wastes, by contrast, come from sources such as schools, hospitals, churches, dry cleaners, most service stations, and laboratories serving the public.
Since you serve “big oil companies” as well as the general public, I believe your solid waste is subject to regulation as an industrial solid waste in Texas.
I was searching Google when a link to your site came up. We are having to transport sludge and scum from an old wastewater plant across town to a newer plant. We are doing this in a tank truck. What placards do we need to put on the truck?
My answer that same day:
I will do my best to answer your question below.
If the waste is from a domestic sewage wastewater treatment plant it likely will not be a RCRA hazardous waste per USEPA regulations. However, the generator of the waste must complete a hazardous waste determination.
It may be regulated as a Division 6.2 Infectious Substance according to USDOT/PHMSA Hazardous Materials Regulations if it is known or reasonably expected to contain a pathogen (49 CFR 173.134). However, pursuant to 49 CFR 173.134(b)(13)(ii), sanitary sewage or sludge is excepted from regulation as a Division 6.2 Infectious Substance (LOI 16-0019).
The transport in a tank truck will likely be subject to California regulations as a commercial vehicle. I am not sure if California has a government employee exemption.
It’s handling may be subject to Health Department regulations.
Human waste is not a USEPA hazardous waste though it may be subject to California’s more strict regulations as a non-RCRA hazardous waste.
Its transportation is not subject to the USDOT/PHMSA HMR when transported, and therefore no placards are required.
Due to the size and type of the vehicle it may be regulated in California as a commercial vehicle. This may require fees, registration, driver licensing, &etc.
I hope this helps.
Please contact me with any other questions.
Conclusion:
That did it! The regulations for the cradle-to-grave management of hazardous waste are more stringent in their application and more broad in their scope than are the regulations of USEPA or any other state. If you generate, transport, or manage hazardous waste in California – this includes both RCRA hazardous waste and non-RCRA hazardous waste – you must comply with the regulations of the Department of Toxic Substances Control (DTSC) and your Certified Unified Program Agency (CUPA).
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…)
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.
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.
In response to COVID-19, the Wisconsin DNR is aware that facilities may need additional time to complete and submit their annual reports.
The 2019 hazardous waste annual report was due March 1, 2020, per ss. NR 662.041(1) Wis. Adm. Code. While this regulatory requirement does not specifically allow for extensions to this deadline, it is understood that between the delayed launch of the report and current workforce limitations due to COVID-19, facilities may need additional time to complete the report. We do encourage generators to complete and submit the report as soon as possible, to allow for the department to submit the required reporting data to the U.S. EPA in a timely fashion.
A large quantity generator of hazardous waste (LQG) must provide intial training for all hazardous waste personnel with an annual review of the inital training. I can provide this training. If Onsite Training is not possible right now, how about a webinar? Advantages to web-based training:
Same content as my Onsite Training.
Webinar is live, interactive, and – with your assistance – can be made site-specific.
I provide all the necessary documents for training, testing, and recordkeeping. All documents emailed to you prior to the webinar.
Low cost and easy to schedule.
Up to 25 separate log-ins (no need to gather trainees in one place). Unlimited number of trainees.
In response to COVID-19, the Wisconsin Department of Natural Resources has developed an online method for requesting an extension to generator accumulation time limits.
Wisconsin’s hazardous waste regulations allow both large quantity generators (LQG) and small quantity generators (SQG) to request an accumulation (storage) time limit extension in the event of unforeseen, temporary or uncontrollable circumstances that prevent shipment of hazardous waste off-site within the 90-day time frame (LQGs) and or 180-day time frame (SQGs). An extension of up to 30 days may be granted at the discretion of the department on a case-by-case basis pursuant to s. NR 662.034(3) and NR 662.192(3), Wis. Adm. Code.
A request for an extension must be made prior to the expiration of the required time limit. Potential reasons for requesting an extension must be identified to submit a request (i.e., transporter unable to meet schedule shipping date, or scheduled facility unable to accept wastes due to facility backlog or closure). To request an extension, follow the link below to submit your information to the DNR electronically. You can also contact a regional hazardous waste specialist, or Hazardous Waste Program Coordinator Mike Ellenbecker, to submit a request directly to program staff.
If a 30-day extension request is granted but the hazardous waste shipment the extension was requested for cannot occur within the extended period, contact Hazardous Waste Program Coordinator Mike Ellenbecker to discuss the regulatory requirements.
Annual Hazardous Waste Personnel training for large quantity generators of hazardous waste must still be completed. Contact me to schedule a webinar during the shelter-in-place.
A Minnesota company providing recycling and waste disposal services pleaded guilty to fraudulently disposing of PCB-containing fluorescent light ballast. Both the company and two co-defendants were sentenced to imprisonment, fines, and probation.
Who:
Luminaire Environmental and Technologies, Inc.
John D. Miller Jr. is the owner of Luminaire.
Joseph V. Miller is an employee of Luminare and a co-defendant.
This case investigated by EPA’s Criminal Investigation Division and the Hennepin County Department of Environmental Protection.
Assistant U.S. Attorneys Benjamin F. Langner and Amber M. Brennan are prosecuting this case.
What:
A lighting ballast made before 1979 may contain PCBs
After picking up loads of PCB ballasts from customers, John Miller instructed Luminaire employees to remove warning labels from the containers holding the PCB-ballasts, and then sell the PCB-ballasts as scrap metal to scrap yards and metal recycling facilities.
Luminaire was sentenced to five years probation with special conditions, including an Environmental Compliance Plan and fined $10,000.
John Miller was sentenced to 36 months imprisonment, fined $15,000 and ordered to pay $1,049,848.79 in restitution.
Joseph Miller was sentenced to two years probation and fined $3,000.
“Luminaire defrauded its customers and, in doing so, exposed the community to the toxic chemicals they had been paid to safely destroy. The United States will vigorously pursue those who steal and pollute for their own profit,” said U.S. Attorney Erica MacDonald in a statement.
Where:
The Luminaire facility is located in Plymouth, Minnesota,
When:
According to court documents the fraudulent activity took place between 2010 and 2015.
Charges were filed on September 20, 2017.
Guilty pleas were entered on October 12, 2018.
Luminaire and John Miller were sentenced on March 22, 2019.
Joseph Miller was sentenced on March 5, 2019.
Why:
Because the PCBs contained in the ballasts are considered a toxic chemical, TSCA mandates special procedures and documentation for the transportation and disposal of PCB waste.
As a result of the scheme, Luminaire fraudulently collected more than $1,000,000 in fees and additional profits.
How:
This case is the result of an investigation conducted by the U.S. Environmental Protection Agency and the Hennepin County Department of Environmental Protection.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
A question from a former customer on February 14, 2018:
Hello Daniel,
I attended one of your training sessions several years ago and enjoy your newsletters.
My question is regarding VSQG changes. I’m pretty sure all of our sites probably fit into this category as we rarely deal with hazardous waste. Usually it’s either lab or process chemicals that are no longer needed.
So, I guess I have a couple questions:
I’ve heard that VSQGs will be required to register but Arizona still has not adopted the EPA’s Generator Improvements Rule so our state agency (Arizona Department of Environmental Quality or ADEQ) is being very closed mouthed at this time. At the time of this writing ADEQ had not yet adopted the Generator Improvements Rule. It did on February 5, 2019. Read about the status of the Generator Improvements Rule in your state.
If we contract a hazardous waste hauler, are we the generator or are they? I’m assuming it would be us because of the cradle to grave thing.
Keep up the good work!
Thank you,
Not sure of your hazardous waste generator status?
The generator of a hazardous waste is the person by site or act who generates the hazardous waste. That would be you. The hauler is the hazardous waste transporter. You are correct that you have a cradle-to-grave responsibility for the hazardous waste you generate.
