A question I received back on November 28, 2018:
Hi Dan,
I have a hazardous waste question for you. I am looking for affirmation of a conclusion that I have already come to or new awareness of some sort of an exemption status for what is described below.
We utilize DYKEM Brite-Mark paint pens (example pictured below) to mark parts, etc. in our manufacturing operations to the tune of approximately 500 over the last three years.
Ink pen was included for scale.
Both the outside of the paint pen & Safety Data Sheet (copy was attached to email) indicate the content is flammable (characteristically hazardous) and I am sure from the long list of constituent chemicals (CAS #’s listed below) one could show up as a listed waste.
- 123-86-4 Butyl acetate, 50-60%
- 13463-67-7 Titanium Dioxide, 30-40%
- 108-65-6 Propylene glycol monomethyl ether acetate, 1-30%
- 7429-90-5 Aluminum flake, 10-20%
- 7440-50-8 Copper, Copper compounds, 10-20%
- 1326-03-0 C.I. Pigment Violet 1, 5-10%
- 1333-86-4 Carbon black, 5-10%
- 67-63-0 Isopropanol, 5-10%
- 21645-51-2 Aluminum hydroxide, 1-5%
- 7440-66-6 Metallic Zinc, 1-5%
- 7631-86-9 Silica, amorphous, 1-5%
- 95-63-6 1,2,4-Trimethylbenzene, 0.1-1%
- 64742-95-6 Aromatic solvent 0.1-1%
As such, do you agree with me that when we discard these they must be managed as a Hazardous Waste; even though when they are being discarded they have only a rather small residual amount of the original content in them? They would be discarded because they will not “write” anymore.
I would ship under the following US DOT description:
UN1263, Waste, PAINT, MARINE POLLUTANT (Copper, Copper Compounds), 3, III
Or
UN1993, Waste, Flammable liquids, n.o.s., 3, III
I believe either would be acceptable, but the 2nd would be more indicative of why it is a hazardous waste, do you agree?
Thank you very much for your consideration of this question!
By the way, we are a VSQG.
Best Regards,
|
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste Daniels Training Services, Inc. 815.821.1550 |
My reply on December 01, 2018:
I have an answer for you. Please see below.
- Based on the flash point from the SDS the paint in the pens is an Ignitable hazardous waste (D001) when discarded.
- The paint pens meet the USEPA definition of a container at 40 CFR 260.10.
Container means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.
- USEPA exempts from regulation as a hazardous waste a container that is RCRA Empty: all contents that can be removed using common practices are removed and no more than one inch of residue remains in the container.
- A container that is RCRA Empty is not a hazardous waste though it will remain a waste.
- Based on your description I believe your paint pens are RCRA Empty. i.e., “…when they are being discarded they have only a rather small residual amount of the original content…”
- If the pens are metal another exemption from regulation may be used: the scrap metal exemption at 40 CFR 261.6(a)(3)(ii). If reclaimed for its metal value through recycling the pen is exempt from all regulation as a waste – even if though it contains a hazardous waste and is not RCRA Empty.
Also…
- A review of the USEPA List of Lists confirms that none of the constituents are a P- or U-listed material and so can’t be a P- or U-listed hazardous waste. Also, none of the constituents are an F-listed solvent and so can’t be an F-listed hazardous waste. The K-list of industry-specific sources is not applicable here. Therefore, the paint pens are not a listed hazardous waste at disposal.
- Copper metal powder and some identified copper compounds are a marine pollutant. The Copper, Copper Compounds 10-20% in the paint pen is unlikely to be a copper metal powder or one of the identified marine pollutants (refer to: List of Marine Pollutants, Appendix B to the Hazardous Materials Table at 49 CFR 172.102). Even if it contained a listed marine pollutant, the pens would not be classified as one per USDOT/PHMSA regulations since the size of the container is not a bulk packaging (read: What is a Marine Pollutant?)
|
Daniels Training Services, Inc. 815.821.1550 |
Conclusion:
- Make every effort to use the contents of the pens fully so they are RCRA Empty.
- Recycle them as scrap metal (you may wish to check with scrap metal recycler to be sure it’s OK) to take advantage of scrap metal exemption.
- If both of the above are done, your paint pens are not subject to regulation as a waste.
I hope this helps. Please contact me with any other questions.
Dan,
He was appreciative but some clarification was still necessary:
Excellent, thank you, I appreciate it!
So both the RCRA empty & metal recycle have to be met in order for the pens to be exempt?
In other words, if RCRA empty is met it can’t be disposed of into the trash, it must also be recycled in order to satisfy the requirements for exemption?
Or, is it simply best practice to RCRA empty them and also recycle? If the recycler won’t accept for some reason they can still be exempt if RCRA empty, correct?
Regards,
My clarification:
Please see below.
- If RCRA Empty the pens are exempt from regulation as a hazardous waste but remain a non-hazardous waste. However, landfills do not allow for any free liquids (Not entirely true. Please this for clarification: Generator Ban on Liquids in Landfills Under the Generator Improvements Rule) so their presence in the pens may cause a problem for landfill disposal.
- If recycled as scrap metal the pens are exempt from regulation as a waste entirely no matter the amount of liquid they retain. Some recyclers aren’t crazy about liquids but the quantities we’re talking about shouldn’t be a problem.
- The two exemptions are independent of each other. However, I think it a good practice to first get the pens RCRA Empty and then to recycle them as scrap metal. The two exemptions together should ensure compliance and environmental protection.
I hope this helps. Please contact me with any other questions.
He appreciated the additional clarity:
Thank you, I appreciate the additional clarity!
|
Not sure of your hazardous waste generator status? Take this short survey |
Conclusion:
This hazardous waste generator had the right idea: conduct a thorough hazardous waste determination for every waste generated at your facility. Though the process may be time-consuming, it is required by USEPA – and state – regulations. Compliance requires initial and annual training for hazardous waste personnel of a large quantity generator.