State RCRA Regulations

Requirements for the Management of Hazardous Waste (and Used Oil & Universal Waste) in Wisconsin

Discarded Sharps as Biomedical Waste in Florida

Except for a limited time in the past (June 24, 1989 to June 21, 1991) and within a limited range (New York, New Jersey, Connecticut, Rhode Island, and Puerto Rico) the generation, handling, transportation, and disposal of medical waste is not regulated by the US EPA under the Resource Conservation and Recovery Act (RCRA).  For more information about medical waste and RCRA read:  US EPA Regulations for the Management of Medical Waste.  With the expiration of the provisions of the Medical Waste Tracking Act of 1988, US EPA shifted responsibility for regulation of Medical Waste disposal to the individual states.

If your state is like most I am familiar with, the regulation of medical waste (sometimes also known as:  Regulated Medical Waste, Biomedical Waste, Infectious Waste, or Potentially Infectious Medical Waste) is limited to a solid or liquid waste which presents a threat of infection to humans or has come in contact with human or animal blood, tissue, fluids, excretion, etc. or devices that have come in contact with any of them.  Also – again, based on my experience – most states limited the sources of Regulated Medical Waste mostly to hospitals, dialysis clinics, dental offices, health maintenance organizations, surgical clinics, medical buildings, physicians’ offices, laboratories, veterinary clinics, funeral homes, tattoo parlors, and the like.

Not so in Florida.  This article will focus on the State of Florida’s inclusion of discarded sharps from industry, manufacturing, or other non-medical commercial entities as Biomedical Waste and what you must do as a Biomedical Waste Generator in Florida to comply with the regulations. (more…)

Determining Your Hazardous Waste Generator Status in Maryland

In a trio of earlier articles I explained the requirements of the US EPA for determining your hazardous waste generator status.

In these articles Iwas careful to point out that the information is based solely on the Federal regulations of the US EPA.  Any State with an authorized hazardous waste program, such as Maryland, may create and enforce regulations very different from those of the US EPA, and this Maryland does.  A hazardous waste generator in Maryland therefore must ensure they are in compliance with the State of Maryland regulations otherwise known as the Code of Maryland (COMAR) in lieu of those of the US EPA found in the Code of Federal Regulations (CFR).

This article will identify and explain the regulations for determining hazardous waste generator status in Maryland.

A key distinction between the regulations of the US EPA in Title 40 of the Code of Federal Regulations (CFR) and COMAR is the difference in the recognized classifications of hazardous waste generator status.  While US EPA recognizes three hazardous waste generator status:

  1. Large Quantity Generator (LQG)
  2. Small Quantity Generator (SQG)
  3. Conditionally Exempt Small Quantity Generator (CESQG)

Maryland only recognizes two:

  1. Fully Regulated Generator – which encompasses the SQG & LQG status of the US EPA.
  2. Maryland Small Quantity Generator (SQG) – which is similar to the CESQG status of the US EPA.

Maryland does not recognize the CESQG status for generators of hazardous.

Table 1 summarizes the differences in hazardous waste generator status between the US EPA and the Maryland Department of the Environment (MDE).

Table 1:

Hazardous Waste Generator Status

Federal

State of Maryland

Large Quantity Generator

Fully Regulated Generator

Small Quantity Generator

Conditionally Exempt Small Quantity Generator

Maryland Small Quantity Generator

The requirements of COMAR Title 26, Subtitle 13, Section 02.05 for determining Small Quantity Generator status are summarized in Table 2.  In order to maintain the status of an SQG in Maryland a generator must maintain its hazardous waste at or below the levels indicated in Table 2.

Table 2:

Type of Waste

Generate

Accumulate Onsite

COMAR
Hazardous Waste

<100 kg/mo

N/A

26.13.02.05(A)(1)
Hazardous Waste

N/A

≤100 kg

26.13.02.05(D)(3)(b)
Acute Hazardous WasteCommercial Chemical Product or Manufacturing Chemical Intermediate

≤1 kg/mo

≤1 kg

26.13.02.05(C)(1,2)
Maryland Listed Hazardous WasteM001 – PCB’s >500ppm

≤1 kg/mo

≤1 kg

26.13.02.05(C)(1,2)
Acute Hazardous WasteF020, F021, F022, F023, F026, & F027

≤1 kg/mo

≤1 kg

26.13.02.05(C)(6)(a)
Maryland Listed Hazardous WasteK991, K992, K993, K994, K995, K996, K997, K998, & K999

≤1 kg/mo

≤1 kg

26.13.02.05(C)(6)(b)
Any Combination of Acute Hazardous Waste or Maryland Listed Hazardous Waste

≤1 kg/mo

≤1 kg

26.13.02.05(C)(7)
Acute Hazardous WasteSpill residue or contaminated soil

≤100 kg/mo

≤100 kg

26.13.02.05(C)(5)

 
Container with residue of EPA Listed Acute or Toxic Hazardous Waste or Maryland Listed Hazardous Waste

Any container >20 liters capacity unless RCRA Empty

Any container >20 liters capacity unless RCRA Empty

26.13.02.05(C)(3)
Inner liners with residue of EPA Listed Acute or Toxic Hazardous Waste or Maryland Listed Hazardous Waste

10 kg unless RCRA Empty

10 kg unless RCRA Empty

26.13.02.05(C)(4)

Note that for most of the criteria you may equal but not exceed the threshold amount.  However, for the amount of hazardous waste generated per calendar month your hazardous waste generation must be below 100 kg/mo.

If you are able to maintain your waste generation and accumulation at or below these thresholds as applicable, you have a reduced regulatory burden as a (Maryland) SQG, which is similar to that of the Conditionally Exempt Small Quantity Generator (CESQG) of the US EPA, requirements include:

  • Correctly identify all hazardous waste you generate.
  • Keep on-site accumulation of hazardous waste at or below 100 kg at any one time.
  • Ensure disposal of hazardous waste to a state-approved hazardous waste disposal facility.

If you exceed any of the above thresholds your status is a Fully Regulated Generator in Maryland, which is similar to the Large Quantity Generator (LQG) status of the US EPA, requirements include:

  • Correctly identify all hazardous waste you generate.
  • Submit a Notification of Hazardous Waste Activity form and obtain a US EPA ID Number.
  • Accumulate hazardous waste in a DOT-Approved container, properly labeled and marked.
  • Accumulate hazardous waste onsite for no more than the time allowed:
    • 90 days, or;
    • 180 days if the generator has ≤500 kg of hazardous waste and ≤1 kg of acute hazardous waste.
  • Document offsite shipments of hazardous waste on the Uniform Hazardous Waste Manifest to a state-approved hazardous waste disposal facility.
  • Fulfill the requirements for Emergency Preparedness and Prevention.
  • Prepare a Contingency Plan for hazardous waste emergencies.  Submit copies to state and local agencies per MDE requirements.
  • Train personnel who handle hazardous waste or who may respond to a hazardous waste emergency.
  • Submit an annual report of hazardous waste activity to the MDE.

Maryland is one of those states that takes its state-authorized hazardous waste program seriously.  Not content to mimic the Federal regulations, it has created state-specific requirements throughout the hazardous waste regulations.  While my Training Seminars are a good way to gain an overview of the regulations and see how your State fits into the picture, it’s Onsite Training where you learn exactly what is required of you by your State Environmental Agency to maintain compliance.  I do both.  Contact me for a free training consultation.

The Satellite Accumulation of Hazardous Waste in Missouri

In an earlier article I explained the basic requirements of the USEPAs Federal regulations for the accumulation of hazardous waste in a Satellite Accumulation Area [40 CFR 262.34(c)].  Most states with an authorized hazardous waste program incorporate the Federal regulations for SAAs and the State of Missouri is no exception.  It has an authorized hazardous waste program and has largely incorporated by reference the Federal regulations, however, as the Missouri Code of State Regulations reads at 10 CSR 25-5.262:

40 CFR 265.16 training and 49 CFR 172, Subpart H training

Training for Hazardous Waste Personnel and HazMat Employees in Missouri

This rule sets forth standards for generators of hazardous waste, incorporates 40 CFR part 262 by reference, and sets forth additional state standards.

Emphasis mine.

In this article I will explain what is necessary for a generator of hazardous waste in Missouri to manage hazardous waste in a satellite accumulation area in order to comply with the regulations of the MO Department of Natural Resources [10 CSR 25-5.262(2)(C)(3)].

First, let’s review the regulatory requirements where MO DNR and USEPA agree, they include:
  • Container(s) must be of good condition and suitable for the safe storage of hazardous waste.
  • Container(s) must be properly marked with either the words “Hazardous Waste” or other words that identify the contents of the container.
  • Container(s) must be kept securely closed except when waste is added or removed.  Generator must manage the waste in a way that prevents or minimizes the possibility of exposure, spills, fire, loss of vapors, etc.
  • Container(s) must be at or near the point of generation of the waste.
  • Container(s) must be under the control of the operator.  MO DNR guidance specifies:

 SAA must be located where the process or equipment operator has a clear view of the satellite area at most times when the generating process or equipment is operating.

Now let’s take a look where Missouri differs from the Federal regulations:
  • Hazardous waste may not accumulate in an SAA for more than one year.  The one year time limit for accumulation in an SAA begins at the moment the first drop of hazardous waste enters the container in the SAA.  This differs greatly from the USEPA which has no limit on the amount of time a hazardous waste may accumulate in an SAA.
  • Due to the above Missouri facilities have an additional marking requirement:  The date of accumulation must be marked clearly on the container.  In other words, the date the first drop of hazardous waste is added must be written on the container.
  • You may accumulate more than 55 gallons of hazardous waste in an SAA provided you have no more than one 55-gallon container per wastestream in each SAA.  This differs greatly from the USEPA which allows no more than 55-gallons total volume of hazardous waste in each SAA.  Compliance with this requirement is made more difficult by the fact that you will not find any mention of it in the Missouri regulations.  In a recent conversation with the MO DNR I was told that this expansion on the Federal regulations is based on an interpretation by the MO DNR and how it chooses to enforce its regulations.  You will find a reference to this allowance in an MO DNR guidance document I have a link to at the end of this article.
  • Once any single container is full (whether it is a 55-gallon container or smaller) it must be marked with the date the container became full, and marked, labeled and otherwise  managed according to the Missouri regulations for generator storage of hazardous waste.  Further, the container must be shipped off-site for final treatment, storage, or disposal or moved to the facility’s Central Accumulation Area for storage of hazardous waste within 3 calendar days of being full.  If moved to the facility’s CAA, it may be dated again and stored onsite for another 90, 180, or 270 days as applicable.
  • Under no conditions may a hazardous waste (acute or non-acute) remain in an SAA for longer than one year from the first moment hazardous waste is added to the container.
  • MO DNR requires that personnel who are exposed to hazardous waste in an SAA receive training to ensure they are familiar with proper management procedures, health and safety risks, and procedures in the event of an emergency.  This is another departure from the Federal regulations which have no training requirement for personnel exposed to hazardous waste in an SAA.  Also, you won’t find this requirement in the regulations or the MO DNR guidance document.  However, I was told in recent conversation with the MO DNR that they do expect you to provide this training.
Example:

A Missouri facility manages three 55-gallon and one 5-gallon container of hazardous waste in a single SAA; each container has a different kind of non-acute hazardous waste.

  • The facility may continue to manage all of the hazardous waste in the SAA provided all of the applicable regulatory requirements are met.
  • If any one of the containers becomes full within one year of the start of hazardous waste accumulation the container should be closed, dated, and managed according to the MO DNR regulations for hazardous waste storage.  The facility has three calendar days to ship offsite or move to its CAA.
  • If any container has remained in the SAA for one year from its date of initial accumulation (1st drop!) the container must be immediately removed from the SAA to the CAA or shipped offsite to a TSD Facility.

Daniels Training Services

815.821.1550/Info@DanielsTraining.com/https://www.danielstraining.com/
Conclusion:

Staying on top of the Federal hazardous waste regulations of the USEPA can be a challenge.  You must also be aware of those of your state, especially where it differs from the Feds; and especially if, like Missouri, your state has gone well beyond the USEPA in its regulations, interpretations, and enforcement.

If you have any doubts about your facility’s compliance with these regulations I encourage you to contact the MO DNR for a site-specific assessment of your operations.  Also, here’s that MO DNR guidance document I mentioned earlier:  MO DNR Hazardous Waste Satellite Accumulation.

Contact me for HazMat Employee and RCRA Training

Daniels Training Services
815.821.1550
Info@DanielsTraining.com
www.DanielsTraining.com

I encourage you to attend my training to brush up on the Federal regulations and gain a perspective on those of your state.

And hey!  I’ll be in Kansas City, MO on June 5th, 2014 for one solid day of training:  4 hours of Hazardous Waste Personnel (USEPA) and 4 hours of HazMat Employee (USDOT).

Ohio Annual Hazardous Waste Report Changed to Biennial

In an article last year I wrote of the proposed change to the frequency of the Hazardous Waste Report in Ohio.  The (at that time) proposal would change the frequency of the report from annual to biennial (every two years).

On January 24, 2013 the Ohio EPA announced the finalization of the rules package (known as the “Biennial Set”) making this proposal effective as of February 5, 2013.  As of that date the Hazardous Waste Report in Ohio will be due March 1st of every even-numbered year for the previous calendar year.

This eliminates the Annual Hazardous Waste Report due March 1, 2013 for calendar year 2012 in Ohio.  The next due date for the report will be March 1st of 2014 for calendar year 2013.

This change will impact the reporting responsibilities for the following Ohio facilities:

  • Treatment Storage & Disposal Facilities (TSDF)
  • Large Quantity Generators of hazardous waste
  • Small Quantity Generators of hazardous waste – if required to submit the report by Ohio EPA

This change should not have any impact on facilities outside of Ohio except for TSDF’s who accept hazardous waste from generators in Ohio, they may need to only provide information to their customers every other year instead of annually.

This change brings Ohio in line with the regulations of the US EPA which mandate a biennial frequency for the hazardous waste report.  Ohio prior to this rule was like many states with an authorized hazardous waste program that choose to go above and beyond the Federal standards.

More information on the rule is available at the Register of Ohio.

Please don’t hesitate to contact me with any questions about the regulations of the US EPA or the Ohio EPA.

Management of Empty Containers in Texas

State of TexasAs a state with an authorized hazardous waste program, Texas has its own regulations for the management of hazardous waste enforced by the Texas Commission on Environmental Quality (TCEQ).  In addition, Subtitle D of the Resource Conservation and Recovery Act (RCRA) empowered the states to manage non-hazardous waste as they see fit with minimal oversight from the US EPA.  For better or worse, Texas has exercised this authority to create extensive regulations pertaining to non-hazardous waste generated at industrial facilities (Industrial Solid Waste).  TCEQ identifies an Industrial Solid Waste as:

Industrial Solid Wastes are not hazardous waste and 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.

Industrial Solid Waste are further broken down into three classes:

  • Class 1 – toxic, corrosive, flammable, a strong sensitizer or irritant, may generate sudden pressure, or may pose a substantial potential danger.
  • Class 2 – cannot be described as a Class 1 or Class 3.
  • Class 3 – inert, essentially insoluble, and not readily decomposable.

With that very brief introduction (refer to the TCEQ guidance document for more information:  Guidelines for the Classification and Coding of Industrial and Hazardous Wastes), I’ll proceed to the point of this article:  The Management of Empty Containers in Texas.

We start with a container that meets the definition (both US EPA & TCEQ regulations agree) of RCRA Empty.  If RCRA Empty, a container and its residue are no longer regulated as a hazardous waste.  It is, however, regulated by the TCEQ as an Industrial Solid Waste.  As the generator, you must determine if it is a Class 1 or Class 2 Industrial Solid Waste and manage accordingly.

A RCRA Empty container is a Class 1 Industrial Solid Waste if its capacity is >5 gallons and it previously stored a:

  • Hazardous Substance as defined at 40 CFR Part 302,
  • Hazardous Waste,
  • Class 1 Industrial Solid Waste, and/or
  • a material that would be classified as a hazardous waste or Class 1 Industrial Solid Waste if disposed.

A RCRA Empty container is a Class 2 Industrial Solid Waste if:

  • Its capacity is ≤5 gallons, or
  • it previously stored a Class 2 Industrial Solid Waste.

You may classify a Class 1 empty container as a Class 2 under the two following options:

Option 1:  Both of the following conditions are true:

  1. The residue is completely removed by one of the following:
    • Triple rinsing with a solvent capable of removing the waste,
    • Hydro-blasting, or
    • by other methods.
  2. The container is crushed, punctured, or subjected to other mechanical treatment that renders it unusable.

Option 2:  The container will be recycled and all of the following are true:

  1. The residue is completely removed by one of the following:
    • Triple rinsing with a solvent capable of removing the waste,
    • Hydro-blasting, or
    • by other methods.
  2. The container is not regulated under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).
  3. The generator maintains documentation per 30 TAC 335.513 – Documentation Required, that demonstrates the container is being recycled.
  4. The recycling activity involves one of the following:
    • shredding,
    • dismantling,
    • scrapping,
    • melting,
    • or other method that renders the container unusable.

Your onsite management, offsite disposal, recordkeeping, reporting, etc. will all depend on how much and what Class of Industrial Solid Waste you generate.  Classifying your empty containers is just one small step of a long process to ensure you are in compliance with the regulations of the US EPA and the TCEQ.  I recommend you to the TCEQ guidance document I linked to earlier in this article for additional guidance.  Or, contact me for a free consultation on the applicable Texas regulations.  You may also consider Onsite Training as a way for you and all your employees to learn the applicable regulations of the TCEQ.

Management of Hazardous Waste in Michigan

A short presentation I made at the 2012 Michigan Safety Conference.  If you operate a business in Michigan, you should view this short Power Point to ensure you are not guilty of one of the Michigan DEQ’s “Top Nine Waste Violations”.

Ohio EPA to Change the Annual Hazardous Waste Report to Biennial

The Biennial Hazardous Waste Report (due March 1st of every even numbered year for the previous calendar year) is a requirement of the US Environmental Protection Agency for the following:

  • Treatment, Storage, and Disposal Facilities (TSDF’s) of hazardous waste.
  • Large Quantity Generators (LQG’s) of hazardous waste.
  • Small Quantity Generators (SQG’s) of hazardous waste who receive a notice to submit the Report.

However, States with an Approved Hazardous Waste Program may require the Report to be submitted annually (March 1st of every year for the previous calendar year).

Read about the 2011 Hazardous Waste Report due March 1st of 2012.

Until recently Ohio was a state with an approved hazardous waste program that required the Hazardous Waste Report to be submitted annually.  That changed with Ohio Senate Bill 294 which was signed into law by Governor John Kasich in early June and became effective September 5, 2012.  The Ohio EPA does a good job of summarizing how this will impact regulated industry within the state, so I’ll quote the website.

Generator and Facility Report Frequency will change from Annual to Biennial

Senate Bill 294 was signed by the Governor in early June, and becomes effective September 5, 2012.  One component of that bill allows the Director of Ohio EPA to report certain hazardous waste management data to the Governor biennially now instead of annually.  Ohio EPA intends to change certain annual reporting requirements to biennial reporting requirements to correspond with the federal program. 

Under these intended rule changes, your “Hazardous Waste Annual Report” currently due March 1, 2013, for 2012 data would not be required to be submitted to Ohio EPA.  Your first biennial report would be due March 1, 2014, for 2013 data. 

However, if you normally submit other reports/data with your annual report that are not part of that report (e.g., the ground water monitoring annual report required by OAC 3745-65-94), those other reports/data will maintain their annual reporting requirement.

It is our goal to have annual to biennial rule amendments effective prior to March 1, 2013. If the process is delayed for some reason, Ohio EPA will use enforcement discretion and you will not be held to the annual report requirement that is changing to biennial.

So there you have it, right from the Ohio EPA website.  While this will reduce the reporting requirement for hazardous waste generators in Ohio, it doesn’t affect any other rules applicable to generators of hazardous waste, such as the requirement for Large Quantity Generators of hazardous waste to provide annual training for Facility Personnel who may come into contact with hazardous waste or respond to a hazardous waste emergency.  The requirement for training can be found at 3745-65-16 of the Ohio Administrative Code referenced from 3745-52-34(A)(4).

Whether you are located in Ohio or anywhere else in the Union, the hazardous waste regulations of both State and Federal agencies are constantly changing and require you to keep abreast of those changes.  Contact me with questions about the hazardous waste regulations in your state or arrange to attend one of my training sessions.

Oil-Based Finishes as Universal Waste in Pennsylvania

The Universal Waste regulations of the US EPA at 40 CFR 273 provide an option for generators to manage what would be a hazardous waste according to a reduced regulatory burden.  Relaxed regulatory requirements for Universal Waste include, but are not limited to:

  1. One year on-site accumulation time limit.
  2. Universal Waste doesn’t count towards your Hazardous Waste generator status.
  3. Uniform Hazardous Waste manifest not required for off-site shipments.
  4. Reduced training requirements for facility personnel.
  5. No inspection requirements.

The US Environmental Protection Agency currently identifies four (4) types of Universal Waste:

  1. Lamps.
  2. Batteries.
  3. Mercury-Containing Devices.
  4. Pesticides.

Read more about the Federal Universal Waste regulations.

States with authorized hazardous waste programs under RCRA are allowed to expand on this Federal list of Universal Waste, and many have.

The State of Pennsylvania, at Chapter 266b of its code, has added the following two wastes in addition to its adoption of the four Federal Universal Wastes:

  1. Oil-Based Finishes.
  2. Photographic Solutions.

The State code defines an Oil-Based Finish as:

Any paint or other finish that may exhibit, or is known to exhibit, a hazardous waste characteristic as specified in 40 CFR Part 261, Subpart C (relating to a characteristics of hazardous waste), or which contains a listed hazardous waste as specified in 40 CFR Part 261, Subpart D (relating to lists of hazardous wastes), and is in original packaging, or otherwise appropriately contained and clearly labeled.  Examples of oil-based finishes include, but are not limited to, oil-based paints, lacquers, stains and aerosol paint cans.

In other words, any paint, in any form (aerosols!), if it first meets the definition of a hazardous waste (characteristic or listed) can be managed as a Universal Waste in Pennsylvania.  It is, however, limited to paints and finishes, it does not include clean-up solvents or other paint-related waste.

Photographic Solutions are defined as “silver-bearing waste streams resulting from photographic processing solutions or rinse water.”

The identification of Oil-Based Finishes and Photographic Solutions as a Universal Waste is specific to Pennsylvania.  If these two Universal Wastes are shipped out of state for recycling, the Universal Waste regulations of the destination state must be considered and it is likely that your Oil-Based Finish or Photographic Solution will then have to be managed as a Hazardous Waste.

State-specific regulations such as these are best addressed during On-Site Training.  For On-Site Training I will work with you to create a presentation specific to your operations and only the regulations that your employees need to know.  Train all of your HazMat Employees and Facility Personnel in one day (or more if necessary).  Contact me for a free consultation.