california

Q&A: Is my WWT sludge (human waste) a hazardous waste? A hazardous material?

A question (01.03.18):

Daniel;

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 a non-RCRA hazardous waste in California. i.e., an appendix X listed non-RCRA Haz Waste.
  • 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).
  • As a government entity you are subject to the Government Employee Exemption from USDOT regulations.
  • 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.

Daniels Training Services, Inc.

815.821.1550

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In sum:

  • 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).

FAQ: What is a “Remote Site” for the consolidation of hazardous waste in California?

A remote site is one of the three elements necessary for the consolidation of hazardous waste in California. The other two are the consolidation site and the transporter. Before you can take advantage of this relief from full regulation (and it’s a good one!) you must understand how the California DTSC defines a remote site.
The California Health and Safety Code along with the California Code of Regulations is used by the Department of Toxic Substances Control (DTSC) in California to regulate the generation, accumulation, transportation, and disposal of hazardous waste.  In California, the term hazardous waste includes both RCRA hazardous waste (defined by USEPA) and non-RCRA hazardous waste (defined by DTSC and subject to regulation solely within California).  California not only has a broader definition of hazardous waste but also has more stringent regulations for its accumulation, transportation, and disposal.  However, sometimes even California cuts you a break, an example of which is the allowance for consolidation of non-RCRA hazardous waste from remote sites at a single consolidation site.  A full explanation of this regulation will have to wait for a later article.  This article will address solely the DTSC definition within the Health and Safety Code (HSC25121.3(a)) for a “Remote site”.

“Remote site” means a site operated by the generator where hazardous waste is initially collected, at which generator staff, other than security staff, is not routinely located, and that is not contiguous to a staffed site operated by the generator of the hazardous waste or that does not have access to a staffed site without the use of public roads.  Generator staff who visit a remote location to perform inspection, monitoring, or maintenance activities on a periodic scheduled or random basis, less frequently than daily, are not considered to be routinely located at the remote location.

Remote site for hazardous waste

Is this remote enough?

To summarize, a remote site is…

  • operated – but not necessarily owned by – the generator of the waste.
  • the site where hazardous waste is initially collected.  The term “accumulated” is absent because under this exemption “accumulation” doesn’t begin until the waste reaches the “consolidation site”.
  • a place where employees of the generator aren’t routinely located.  Occasional visits don’t count as “routinely located”.  Also, security staff don’t count.
  • not connected at any point (i.e., contiguous) to property where employees of the generator are located.
  • not accessible to employees of the generator without use of public roads.

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

Info@DanielsTraining.com

https://www.danielstraining.com/

If you are a business in California with remote sites where hazardous waste is generated you may wish to take advantage of the relief from regulation offered by DTSC that allows you to self-transport non-RCRA hazardous waste for consolidation prior to final off-site transportation for disposal or recycling.

11 Common Manifest Errors Noted by California’s Department of Toxic Substances Control

Like most states, California is authorized to manage the regulations promulgated under the Resource Conservation and Recovery Act (RCRA) by the U.S. Environmental Protection Agency (EPA) within California.  The California Environmental Protection Agency (CalEPA) is the responsible for implementing the state RCRA program.  One of the six boards and departments within CalEPA is the Department of Toxic Substances Control (DTSC).  It is the DTSC that creates and enforces state regulations for the management of waste within California.

As a RCRA-authorized state program, DTSC can make its regulations more stringent and more broad than those of the federal EPA, and it has done this.  One of the many ways DTSC regulations are more broad than EPA is in its identification of a hazardous waste.  In addition to EPA’s regulated hazardous waste (known as RCRA hazardous waste in California) California has its own state-specific hazardous waste (known in California as non-RCRA hazardous waste).

Hazardous Waste Containers in California

Any waste generated in California will be a hazardous waste (RCRA or non-RCRA)

A waste generator in California must assume any waste not subject to regulation as a RCRA hazardous waste is managed as a non-RCRA hazardous waste unless it has evidence to prove otherwise.  One of very few exceptions to this rule is universal waste.  In DTSC regulations – found in both the Health and Safety Code and the California Code of Regulations – the term hazardous waste is used to encompass both RCRA hazardous waste (federal regulations) and non-RCRA hazardous waste (California only).

DTSC regulations require all hazardous waste generators (DTSC does not recognize VSQG status as EPA does) to use the uniform hazardous waste manifest for off-site shipments of all hazardous waste.

According to the DTSC website, below are common errors to avoid when completing manifest forms:

  1. Incorrect, invalid or inactive generator ID number.
    • All California hazardous waste generators must have an identification number.
    • Those that generate more than 100 kg/mo of RCRA hazardous waste must have a federal EPA identification number.
    • Those that generate less than 100 kg/mo RCRA hazardous waste or only non-RCRA hazardous waste of any quantity must have a California identification number.
    • Both identification numbers must be obtained through application to DTSC.
  2. Incorrect, invalid or inactive transporter ID number.
    • A California transporter of hazardous waste (RCRA or non-RCRA) must have an identification number.
    • Those that will transport RCRA hazardous waste must have a federal EPA identification number.
    • Those that will transport only non-RCRA hazardous waste must have a California identification number.
    • Both identification numbers must be obtained through application to DTSC.

      Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste in California

      Daniels Training Services, Inc.

      815.821.1550

      Info@DanielsTraining.com

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  3. Failure to verify ALL information on a pre-printed manifest at shipment.
    • Both EPA and DTSC regulations require the generator / offeror of the hazardous waste to certify compliance with all regulatory requirements when signing the uniform hazardous waste manifest (this applies to the e-Manifest as well).
    • The regulations of the U.S. Department of Transportation (DOT) apply to all shipments of RCRA hazardous waste and to some non-RCRA hazardous waste.  DOT regulations also require a certification of compliance by the shipper of the hazardous waste.  In most cases this will be the generator / offeror.
    • Presented with a pre-printed manifest a representative of the generator / offeror / shipper may rely too much on the person who created the manifest – the hazardous waste transporter? a broker? some other representative of the generator? – instead of conducting a careful review prior to signing.  I have found many errors on pre-printed shipping papers.
  4. Failure to delete entire pre-printed information for waste not shipped.Weathered container of hazardous waste outdoors
    • If a particular wastestream displayed on the pre-printed manifest is not to be offered for transportation it should be deleted in such a way as to make it clear it is not part of the consignment.
    • It is not enough to leave items 10-13 of the manifest blank.
  5. Incorrect or incomplete container, total quantity and/or unit weight information.
    • The requirements for completing items 10 Number & Type of Containers, 11 Total Quantity, and 12 Unit of Measure are precise and specific.  There is no room for interpretation.
    • Instructions for completing the uniform hazardous waste manifest are printed on its back.  These instructions include specified container type abbreviation codes and unit of measure types and codes required for use.
  6. Incorrect or incomplete waste codes.
    • Item 13 contains space for up to six (6) federal and state waste codes.
    • A three digit California waste code must be entered in one of the six spaces.
    • A California waste codes is required for all hazardous waste (RCRA or non-RCRA).
    • The other five spaces may be used for any remaining EPA waste code(s).
    • A generator is not required to enter more than six waste codes on the uniform hazardous waste manifest.
  7. Failure to sign and/or date the manifest.
    • A representative of the generator / offeror / shipper must sign by hand and indicate the date of signing in Item 15 of the uniform hazardous waste manifest.
    • The signor must have first-hand knowledge of the waste to be shipped and its preparation for transportation.
    • The signor does not have to be an officer of high-ranking manager of the generator / offeror / shipper.
  8. Incorrect or incomplete dates; past dates or future dates.
    • Not quite certain what is meant by this.  Just be sure to check all those dates and have a calendar with you at signing.
  9. Transporter 1 signs in transporter 2 signature line.
    • Representative of generator / offeror / shipper should observe this if present during signing process.

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  10. Failure to submit a legible copy.
    • Per state statutes at Health & Safety Code 25160(b)(2)(C), the generator / offeror must submit a legible copy of the manifest (best if it is a photocopy of the first page) to DTSC within 30 days of the date of transport.
    • In lieu of submitting manifest copies, generator / offeror may submit an electronic report per HSC 25160.3.
    • This requirement remains unless the entire waste shipment utilizes the e-Manifest System.
  11. The generator fails to submit an Exception Report to DTSC, when a signed facility copy is not received by the generator within 45 days of the date the waste was accepted by the designated facility.
    • Generator / offeror is responsible for ensuring it receives a signed copy of the uniform hazardous waste manifest from the designated facility with 45 days of the date of transport.
    • Date of transport is the date the manifest was signed by the initial transporter (Transporter 1)
    • If using the old (pre June 30, 2018) 6-copy paper uniform hazardous waste manifest, this will be copy #3.
    • If using the new 5-copy paper uniform hazardous waste manifest, this will be copy #2.
    • However, the regulations of the EPA for the e-Manifest System do not require the designated facility to submit paper copies back to the generator / offeror.  Their upload to the e-Manifest System by the designated facility fulfills this regulatory responsibility.
    • A generator/ offeror that is a registered user of the e-Manifest System is able to view manifests once uploaded to the e-Manifest System and thereby confirm their acceptance by the designated facility.
    • A generator / offeror that wishes to ensure it receives signed copies of the paper uniform hazardous waste manifest must make arrangements with the designated facility.

Hazardous Waste Manifest Information in California

Learn about the Hazardous Waste Electronic Manifest System (e-Manifest)

Make certain only those employees who have received both DOT HazMat Employee training and EPA/DTSC Hazardous Waste Personnel training are allowed to prepare, review, and/or sign the uniform hazardous waste manifest.

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

The Characteristic of Toxicity for Hazardous Waste in California

Before we begin you must understand that the California regulations for the management of hazardous waste are more stringent and more broad than those of the USEPA – and indeed, more stringent and more broad than any other state with an authorized hazardous waste program.  I could make a list of all of the instances where the California regulations managed by the Department of Toxic Substances Control (DTSC) include requirements for generators of waste not found anywhere else (e.g. used oil is a hazardous waste in California).  But we don’t have the time to list all of the California hazardous waste generator regulations here.  Instead, the focus of this article is to identify and briefly describe the eight (8) – yeah, that’s right, eight! – subcategories of a characteristic toxic hazardous waste identified by DTSC.

The characteristic of toxicity is defined in 40 CFR 261.24 of the USEPA regulations and at 22 CCR 66261.24 of the California Code of Regulations.  A waste is a toxic hazardous waste in California if it is identified as being toxic by any one – or possibly more – of the following eight subcategories.

TCLP:

The Toxicity Characteristic Leachate Procedure (TCLP) is a test procedure used by USEPA to determine if a waste contains an identified toxin in its leachate that is at or above its Regulatory Level (RL).  This method of determination has been adopted by DTSC.  In other words, if a waste is determined to be a toxic hazardous waste under the Federal regulations of the USEPA it will also be regulated as a hazardous waste in California by the DTSC.  This is what is known in California as a “RCRA Hazardous Waste”.  The toxins and their RL are identified at 66261.24(a)(1).

The remaining seven (7) subcategories are managed in California as a “Non-RCRA Hazardous Waste”, meaning that they are not subject to Federal regulation and are a hazardous waste only when subject to the DTSC regulations in California.  These are sometimes also known as “California-Only Hazardous Waste”.

Totals and WET:

66261.24(a)(2) of the CCR contains two tables of toxins that include many of those of the USEPA but also many more that neither USEPA nor any of the other authorized state programs regulate as a toxin (e.g. zinc and/or zinc compounds).

  • Table II:  List of Inorganic Persistent and Bioaccumulative Toxic Substances – contains twenty (20) entries.
  • Table III:  List of Organic Persistent and Bioaccumulative Toxic Substances

In addition to identifying many more toxins, DTSC regulations include two test methods not found in USEPA regulations:

  • Waste Extraction Test (WET)
  • Total Digestion

Each of the above test methods is matched to one of two limits assigned to each toxin.

  • Soluble Threshold Limit Concentration (STLC) measured in mg/l if using the WET.
  • Total Threshold Limit Concentration (TTLC) measured in mg/kg if using Total Digestion.

So…

A substance is a toxic hazardous waste according to this subcategory if either of the following is true:

  • It contains an identified toxin at a concentration in mg/l of waste extract at or above the STLC value when using WET.

Or…

  • It contains an identified toxin at a concentration in mg/kg in the waste at or above the TTLC value when using Total Digestion.

Acute oral toxicity:

A toxic hazardous waste if it has an acute oral LD50 of less than 2,500 mg/kg.  If analytical data is not available a calculated oral LD50 may be used.  In other words, if by test or calculation it is determined that a concentration of less than 2,500 mg/kg of the waste would be fatal to at least 50% of organisms when ingested it is a toxic hazardous waste.

Acute dermal toxicity:

A toxic hazardous waste if it has an acute dermal LD50 of less than 4,300 mg/kg.  If analytical data is not available a calculated dermal LD50 may be used.  In other words, if by test or calculation it is determined that a concentration of less than 4,300 mg/kg of the waste would be fatal to at least 50% of organisms when absorbed through its skin it is a toxic hazardous waste.

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Acute inhalation toxicity:

A toxic hazardous waste if it has an acute inhalation LC50 of less than 10,000 mg/kg.  In other words, if by test or calculation it is determined that a airborne concentration of less than 10,000 mg/kg of the waste would be fatal to at least 50% of organisms when inhaled it is a toxic hazardous waste.  USEPA Test Method SW-846 Methods: 3810, Headspace (formerly Method 5020) may be used to “test out” for volatile organic substances.

Acute aquatic toxicity:

A toxic hazardous waste because it is toxic to fish.  A waste is aquatically toxic if it produces an acute aquatic 96-hour LC50 of less than 500 mg/l when tested using “Static Acute Bioassay Procedures for Hazardous Waste Samples”.  Read: What is an acute aquatic toxic hazardous waste in California?

Interested in site specific training at your site that covers this topic, and more!

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Carcinogenicity:

A toxic hazardous waste if it contains one or more carcinogenic substances (identified at 66261.24 (a)(7)) at a concentration of greater than or equal to 0.001% by weight.

Experience or testing:

A toxic hazardous waste if it has been shown through experience or testing to pose a hazard to human health or environment.  A waste may be considered toxic according to this subcategory even if doesn’t meet the criteria of any other toxic waste.  Currently the only waste considered to be hazardous according to this subcategory are those containing ethylene glycol (e.g., spent antifreeze solutions).

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There’s a lot more to California’s hazardous waste regulations than this – I haven’t begun to describe the Presumptive Wastes – but it should give you some idea of how much more broad DTSC is in its categorization of hazardous waste than is the USEPA.  Contact me if you have any questions about the management of waste in California or require the Hazardous Waste Personnel training required for the employees of a hazardous waste generator.

Q&A: What are the California regulations for a Commercial Motor Vehicle?

The question came by way of a telephone conversation on August 28, 2017 (no transcript available).  A gentleman was interested in the transport of asbestos waste – a hazardous material per USDOT/PHMSA regulations if friable – in California.  He needed to know if the transport in commerce of asbestos waste was subject to California regulations as a commercial motor vehicle (CMV).  I had the time to research the California regulations (this isn’t my usual area of expertise) and fire off to him some information in an email that same day:

Shipping description for asbestos

Please see below for some guidance regarding the status of CMVs in California.

  • Title 13 of the California Vehicle Code (CVC) part 260 defines a commercial vehicle:

A commercial vehicle is a type of vehicle:

  • Used or maintained for the transportation of persons for hire, compensation, or profit (for example, a taxi or limousine).
  • Designed, used, or maintained primarily for the transportation of property.

Commercial motor vehicleTypes of motor vehicles include but are not limited to:

  • Motor Truck (CVC 410)
  • Pickup (CVC 471)

Per 13.005, commercial vehicles must be registered – and pay fees – based on their gross vehicle weight (GVW).

Based on the above it appears that the California definition of a CMV (aka: Regulated Vehicle) is more strict than the Federal regulations or other states.

Also:

  • The transporter of a hazardous waste (RCRA or non-RCRA) must be registered with DTSC.
  • CVC §15278(a)(4) requires a HazMat endorsement for those who drive a vehicle requiring placards.
  • As noted earlier, asbestos as a Class 9 Miscellaneous is not required to display placards.
  • Other hazardous waste (both RCRA & non-RCRA) may require the display of placards depending on the quantity.
  • On the CHP website is a good tool for determining compliance:  The Terminal Manager’s Compliance Checklist (CHP 800D)
    • A bullet point under #31 of the checklist indicates the need for HazMat Employee training (I provide this training).
  • For more information contact the CHP at 916.843.3400.

I hope this helps.  Please contact me if you require any additional information.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

That seemed to satisfy him.

The transportation in commerce of hazardous materials – which includes asbestos waste – is subject to the regulations of several agencies:  OSHA, for the potential exposure to employees; USEPA, to reduce the impact of its disposal on the environment; USDOT/PHMSA, for its safe transportation on public roadways; and those of your state if the transportation is for a business.  Some states, like California, have even more strict regulations for the operation of commercial motor vehicles (CMVs).

Distribution of the Uniform Hazardous Waste Manifest in California

In an earlier article I summarized the responsibilities of a hazardous waste generator for the completion and distribution of the Uniform Hazardous Waste Manifest (Manifest).  Read: Use and Distribution of the Uniform Hazardous Waste Manifest.  That article dealt only with the Federal regulations of the U.S. Environmental Protection Agency (EPA).  In this article – and those that follow – I will detail the requirements of individual states regarding the distribution of the Manifest.  Since the regulations of a state with an authorized hazardous waste program must be at least as strict as those of the EPA and can be more strict (state regulations can’t be less strict than Federal regulations), state regulations may require more than those of the EPA.

In this article:  California!

State regulatory agency:

California Department of Toxic Substance Control (DTSC) within the California Environmental Protection Agency (Cal EPA).

Manifest copy distribution in California:

Note:

Two types of hazardous waste are regulated by DTSC in California:

  • RCRA hazardous waste is the same as that regulated by USEPA.
  • Non-RCRA hazardous waste is regulated solely by DTSC and only within California.
  • Page 1 (top copy): “Designated facility to destination State (if required)”.
    • A designated facility within California must submit this copy to DTSC within 30 days of receipt if it is a RCRA hazardous waste or a non-RCRA hazardous waste.
    • A designated facility outside of California must submit this copy to its state environmental agency only if it is a RCRA hazardous waste and if required by its (the designated facility’s) state.
  • Page 2: “Designated facility to generator State (if required)”.
    • A designated facility within California is not required to submit this copy to DTSC since it will have submitted page 1.
    • A designated facility outside of California must submit this copy to DTSC within 30 days of receipt if it is a RCRA hazardous waste or a non-RCRA hazardous waste.
  • Page 3: “Designated facility to generator”.
  • Page 4: “Designated Facility’s copy”.
  • Page 5: “Transporter’s copy”.
  • Page 6 (bottom copy): “Generator’s initial copy”

State requirements to modify the EPA-required manifest copy distribution outlined above:

  • None

Additional state requirements for the management of the uniform hazardous waste manifest:

  • Use of the Manifest is required for shipments of both RCRA hazardous waste and non-RCRA hazardous waste.
  • Use of the Manifest is required for all generators of hazardous waste in California:  those that generate more than 1,000 kg (2,200 lb) per month and those that generate up to, but no more than, 1,000 kg (2,200 lb) per month.  However, use of the Manifest is not required for a generator of up to, but no more than, 100 kg (220 lb) per month of hazardous waste whose waste is hazardous due solely to the presence of the toxicity characteristic for silver (D001).
  • The generator must always send a readable and legible copy of the Manifest to DTSC within 30 days of signing if the waste is:
    • Generated in California;
    • Handled by a permitted facility in California; or is,
    • Imported or exported from California.
  • Generators must mail a readable and legible copy of the Manifest, as required above, to:
    • DTSC Generator Manifests / Department of Toxic Substances Control / P.O. Box 400 / Sacramento, CA 95812-0400
  • Since the Manifest does not include a page for the generator to submit to DTSC the generator must make a copy of the Manifest for this purpose.  While it is easiest to make a copy of page 6 (signed by both the generator and the transporter and left with the generator), it may not make a legible copy.  It is recommended that the generator make a copy of page 1 of the Manifest before it leaves with the transporter and submit this to DTSC.
  • TSDF sends copy to DTSC with 30 days of the receipt date to:
    • DTSC Facility Manifests / P.O. Box 3000 / Sacramento, CA 95812
  • A Manifest Correction Letter must be sent to DTSC whenever hazardous waste manifests are submitted containing incorrect or incomplete information. Per California Health and Safety Code, Section 25160.5, DTSC is authorized to charge a $20 manifest correction fee when DTSC discovers the errors and requests a manifest correction letter. DTSC does not charge the fee if the company submits the manifest correction letter before being notified by DTSC of the error.  To submit a letter, please provided the manifest corrections on company letterhead, and include the following information:
    • The Manifest Tracking Number which includes a unique three-letter suffix preceded by nine numerals which is pre-printed in Item 4 of the manifest.
    • The date the generator signed the manifest.
    • Generator EPA ID number used on the original manifest, even if it was incorrect.
    • The incorrect or incomplete item number from the manifest.
    • The corrected information.
    • Signature, title, mailing address, and phone number of person submitting the correction.
  • Send Manifest Correction Letters to:
    • DTSC / Generator Information Services Section / Attention: Manifest Corrections / P.O. Box 806 / Sacramento, CA 95812-0806
  • DTSC follows the Federal rule for the Exception Report.  Send Exception Reports to:
    • DTSC Report Repository / Generator Information Services Section / P.O. Box 806 / Sacramento, CA 95812-0806
  • DTSC follows the Federal rule for the Waste Minimization Certification.

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

Info@DanielsTraining.com

https://www.danielstraining.com/

More information:

FAQ: Are soaps and detergents a non-RCRA Hazardous Waste in California?

FAQ: Are soaps and detergents a non-RCRA Hazardous Waste in California?

The answer is yes. If they fail the aquatic toxicity test.

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

Info@DanielsTraining.com

https://www.danielstraining.com/

Below is the text from the FAQ page of the California Department of Toxic Substances Control (DTSC):

I’ve heard that California’s fish bioassay test doesn’t apply to soaps, detergents or other wastes that contain ‘surfactants’.

There is no waiver or exclusion from the aquatic toxicity testing requirement, nor is there any rule or regulation that allows a generator to ignore a result obtained from performing the aquatic fish bioassay test. If you have aquatic toxicity test results from your waste detergent or soap that shows an acute aquatic 96-hour LC 50 less than 500 milligrams per liter then the waste is determined to be hazardous and should be managed according to all applicable hazardous waste requirements.

DTSC is aware that confusing and conflicting information has been reported about California’s aquatic toxicity test. Some claims have been made that running the aquatic toxicity test on soaps and detergents doesn’t truly measure “toxicity”, but simply results in suffocating or killing the test fish due to physiological effects not related to toxicity. DTSC does not agree with these claims, and continues to apply and abide by this mandated test procedure. The mechanisms of toxicity of many surfactants are not significantly different from those found with other surface-acting toxicants such as copper and acrylamide. The acute aquatic bioassay test does not distinguish fish mortality resulting from a toxic effect of one or more surfactants from those resulting from another ingredient in a product. Therefore, DTSC continues to apply and requires compliance with the aquatic toxicity test procedure as set forth in regulation.

And here’s a screen shot of the question on the DTSC website:

It should come as no surprise that the state regulations of California for the cradle-to-grave management of hazardous waste are more broad and more stringent than the Federal rule.  The California regulations are so broad in their definition of hazardous waste that most materials discarded (including soaps and detergents) will be a non-RCRA hazardous waste unless the generator of the waste is able to prove otherwise.  A non-RCRA hazardous waste is regulated as a hazardous waste only within California.  (The other category of hazardous waste in California – RCRA hazardous waste – is either listed as a hazardous waste or displays a hazardous waste characteristic per the Federal regulations and so is a hazardous waste both within and without California.)

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If your state has an authorized hazardous waste program – and most of them do – then the standard format RCRA training won’t do.  You must have training that covers the Federal regulations and those of your state.  For that you require my Onsite Training or my Webinar Training, both of which can be tailored to the Federal and state regulations that apply to the waste you generate at your facility.

While you’re at it throw in my HazMat Employee training required by the USDOT/PHMSA to ensure everyone has the training they need to safely manage hazardous waste from cradle-to-grave.

Two Exemptions From Universal Waste Regulations in California

California EPA Department of Toxic Substances Control Regulations

The hazardous waste regulations in California are more strict & more broad than those of the USEPA.

The Federal regulations of the USEPA at 40 CFR 273 identify four types of universal waste:

  • Lamps
  • Batteries
  • Mercury-containing equipment
  • Recalled or cancelled pesticides

States that choose to operate their own authorized hazardous waste program may retain these four, slightly revise their names and definitions, and even add to this list creating state-specific universal waste.

The California Department of Toxic Substances and Control (DTSC) regulates the management of seven (7) types of universal waste, six of them in Title 22, Division 4.5, Chapter 23 of the California Code of Regulations (CCR):

  • Batteries
  • Electronic devices
  • Mercury-containing equipment
  • Lamps
  • Cathode ray tubes
  • Cathode ray tube glass

And one more in the California Health and Safety Code (HSC) at 25201.16:

  • Aerosol cans

USEPA regulations identify four types of facilities involved in the management of universal waste:

  • Large Quantity Handler – a generator of universal waste or one who receives universal waste from other universal waste handler, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination and accumulates 5,000 kilograms or more of universal waste at any time.
  • Small Quantity Handler – a generator of universal waste or one who receives universal waste from other universal waste handler, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination and does not accumulate 5,000 kilograms or more of universal waste at any time.
  • Transporter – a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.
  • Destination Facility – a facility that treats, disposes of, or recycles universal waste.

The DTSC identifies only the following regulated entities under its Universal Waste Rule:

  • Transporter – a person engaged in the off-site transportation of universal waste by air, rail, highway, or water.
  • Destination Facility – a facility that treats, disposes of, or recycles universal waste.
  • Universal Waste Handler – a generator of universal waste or one who receives universal waste from other universal waste handler, accumulates universal waste, and sends universal waste to another universal waste handler, to a destination facility, or to a foreign destination.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

Daniels Training Services

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Note that the DTSC does not identify a Small Quantity Handler nor a Large Quantity Handler of universal waste.  It does, however, identify two different types of “generators” which are included in the definition of a universal waste handler:

  • Conditionally Exempt Small Quantity Universal Waste Generator (CESQUWG)

and…

  • Household (aka Household Universal Waste Generator)
CESQUWG:
A RCRA hazardous waste is a waste that matches the Federal USEPA criteria for a listed or characteristic hazardous waste.
Household:
  • Single detached residence or a single unit of a multiple residence unit and all structures belonging to the household.
  • California Best Western hotel

    This California hotel is not a “household” for the purposes of the Universal Waste Rule.

    It does not include a hotel, motel, bunkhouse, ranger station, crew quarters, campground, picnic ground, or day-use recreation facility.

DTSC specifically excludes hotel, motel, bunkhouse, ranger station, crew quarters, campground, picnic ground, or day-use recreation facility from the definition of a household because those sites are included in the Federal USEPA Household Hazardous Waste Exclusion at 40 CFR 261.4(b)(1).

These two types of a universal waste handler are important because they are both subject to an exemption (at 66273.8, Title 22 of the CCR) from full regulation as a universal waste handler; in other words, they don’t have to comply with all of the regulations that a non-exempt universal waste handler must.  Though these exemptions are addressed separately in the CCR, the conditions to which each generator is subject are the same.  Therefore, the conditions required to comply with either the household universal waste generator exemption or the conditionally exempt small quantity universal waste generator exemption are described below.

  • The generator must not dispose of the universal waste.
  • The universal waste is relinquished to one of the following:
    • Another universal waste handler.
    • A universal waste transporter (e.g. for curbside collection).
    • A destination facility.
    • An authorized curbside household hazardous waste collection program.
  • Generator does not treat the universal waste, except as summarized below.  Allowed treatment of universal waste by an exempt generator includes:
    • Sorting batteries by type.
    • Mixing battery types in one container.
    • Discharging batteries to remove charge.
    • Regenerating used batteries.
    • Disassembling batteries or battery packs into individual batteries or cells.
    • Removing batteries from consumer products.
    • Removing electrolyte from batteries.
    • Remove a lamp from a product or structure.
    • A CESQUWG may remove mercury batteries from mercury-added novelties.
    • Any other treatment of a mercury-containing device, such as remove ampules and mercury switches, drain pressure or vacuum gauges containing mercury, must comply with universal waste handler treatment requirements of §66273.70 -§66273.77 and the applicable management requirements for that mercury-containing equipment.
    • Remove discrete assemblies (e.g. batteries, ink cartridges) from electronic devices which are typically removed for replacement during normal operation.
    • Remove CRTs from electronic devices in a manner that prevents breakage of CRT.
    • Dismantle or otherwise manually segregate components (e.g. circuit boards, integrated circuits, metals, plastic, wiring, batteries, lamps, &etc.) from an electronic device.
    • Remove the yoke from a CRT without breaking the CRT glass.
Each of the above allowed treatment comes with their own conditions that must be complied with in order to conduct the activity.
  • Any material produced from treatment of universal waste are properly classified and managed according to DTSC regulations.

And that’s it!  A household universal waste generator or CESQUWG need only ensure proper off-site disposal of their universal waste, take some basic precautions for it’s on-site management, and comply with the requirements for its treatment if they choose that option.

Daniels Training Services

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What, then, is a household universal waste generator or a CESQUWG exempt from?  Well, a brief list of the requirements of a universal waste handler includes:

  • Immediately contain all releases of universal waste and determine if the release is a hazardous waste and manage appropriately.
  • Label and mark universal waste containers.
  • Obtain an EPA Identification number (unless already have one) if accumulate 5,000 kg or more on-site at any time.
  • Accumulate universal waste on-site for no more than one year.
  • Demonstrate amount of time universal waste has been on-site.
  • Universal waste must be shipped only to another universal waste handler, a destination facility, or a foreign destination.
  • Off-site shipments of universal waste need not be described on a Uniform Hazardous Waste Manifest but some form of record must be kept of all shipments received or shipped off-site.
  • Train all personnel who manage universal waste.
  • Notify DTSC 30 days prior if intend to accept and accumulate universal waste CRTs, CRT glass or electronic devices from off-site sources.
  • Submit annual report by February 1 for previous calendar year if accept >100 kg of CRTs, CRT glass, or electronic devices from off-site locations or generate 5,000 kg or more of CRTs, CRT glass, or electronic devices in a calendar year.
  • Other on-site management requirements specific to each type of universal waste.

The pictures below are not a violation for a CESQUWG in California:

Question:

Are universal waste aerosol cans subject to the exemptions of 22 CCR 66273.8?

Answer:
Aerosol cans

Aerosol cans, even those generated by a household, are subject to full regulation under the California Universal Waste Rule.

No.  HSC 25201.16(d)(2) makes it clear, “The exemptions described in Chapter 23 (commencing with Section 66273.1) of Division 4.5 of Title 22 of the California Code of Regulations for universal waste generated by households and conditionally exempt small quantity universal waste generators of universal waste do not apply to universal waste aerosol cans.”

Generators of hazardous waste in California have many incentives to manage their hazardous waste under the universal waste option.  One is this:

Effective January 1, 2016 universal waste is no longer required to be included when determining the status of a hazardous waste generator.  View the DTSC’s rescinded letter of interpretation which had required universal waste to be included when determining hazardous waste generator status.

Please contact me if you have any questions about the Universal Waste Rule in California or the training you must provide for personnel who manage universal waste at your facility.

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

 

USEPA Requires Southern California Metal Finishers to Stop Illegal Hazardous Waste Releases, Wastewater Discharges

The Bullet:

The U.S. Environmental Protection Agency resolved a series of enforcement actions directed at five Southern California metal finishing companies which will collectively pay more than $223,700 in civil penalties for hazardous waste and Clean Water Act violations.

Who:
  • Anaplex Corporation in Paramount, CA
  • Barkens Hard Chrome in Compton, CA
  • Bowman Plating Company, Inc. in Compton, CA
  • Alumin-Art Plating Company in Ontario, CA
  • R.L. Anodizing and Plating, Inc. in Sun Valley, CA

Three of the facilities are located along the I-710 freeway corridor, an area of special concern to USEPA due to the disproportional impact of pollution on residents of this area.

What:

Anaplex has agreed to pay a $142,200 penalty for violations of RCRA and the Clean Water Act (CWA).  Hazardous waste violations include

  • Failure to properly label and close hazardous waste containers.
  • Failure to properly meet training requirements for its employees
  • Did not operate the facility in a way that minimizes the possibility of hazardous waste being released into the environment.

Barkens has agreed to pay $28,100 in penalties to resolve its hazardous waste violations, including:

  • Failure to minimize the release of hazardous waste.
  • Failure to meet certification requirements for tanks used to transfer, store or treat hazardous waste.
  • Failure to have proper decontamination equipment.
  • Facility did not have the proper contingency plan for emergencies.
  • Lacked adequate training records for its employees.

Bowman has agreed to pay a $9,900 penalty to resolve its hazardous waste violations, including:

Alumin-Art has agreed to pay a $28,000 penalty to resolve hazardous waste violations found at its Ontario, CA. facility, including:

R.L. Anodizing has agreed to pay a $15,500 penalty to resolve its hazardous waste violations including:

  • Storing hazardous waste without the proper permit.
  • Improper labeling, storing and maintenance of containers holding hazardous waste.
Where:
  • Anaplex Corporation in Paramount, CA
  • Barkens Hard Chrome in Compton, CA
  • Bowman Plating Company, Inc. in Compton, CA
  • Alumin-Art Plating Company in Ontario, CA
  • R.L. Anodizing and Plating, Inc. in Sun Valley, CA

Three of the facilities are located along the I-710 freeway corridor, an area of special concern to USEPA due to the disproportional impact of pollution on residents of this area.

When:

Released May 14, 2015.

Investigations and actions by USEPA go back to 2010.

Why:

Metal finishers use a plating or anodizing process to coat industrial metal, and typically generate hazardous wastes including: sludges containing heavy metals such as chromium, cadmium, and lead; spent plating solutions containing metals or cyanides; flammable liquids; and both alkaline and acidic corrosive liquids.

How:

The Federal Resource Conservation and Recovery Act (RCRA) requires metal finishing companies – and everyone else – to properly manage hazardous waste to prevent harm to human health and the environment.  Under RCRA the California EPA, and with Cal EPA the Department of Toxic Substances Control, California has the authority to create and enforce its own regulations for hazardous waste.  Here, however, the USEPA stepped in to enforce Federal regulations.

Conclusion:

A perfect example of the USEPA exercising its Federal authority to enforce its regulations within a state that has an authorized hazardous waste program.  Federal or State, all hazardous waste regulations require training, and that’s what I do.  Contact me to schedule Onsite Hazardous Waste Personnel Training for you and all of your employees right there at your facility in California.  In one day and for only a little money you can avoid violations such as these.

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

For more information:
Media Contact: Nahal Mogharabi, Mogharabi.nahal@epa.gov, 213-244-1814

For more information on The Clean Water Act, please visit: http://www.epa.gov/lawsregs/laws/cwa.html

For more information on the Resource Conservation and Recovery Act, please visit: http://www.epa.gov/compliance/civil/rcra/index.html

For more information on EPA’s work at the I-710 corridor, please visit: http://www.epa.gov/region9/strategicplan/i710.html

 

 

California Hazardous Waste Generators Must Confirm Driver has CDL

California EPA Department of Toxic Substances Control Regulations

The hazardous waste regulations in California are more strict & more broad than those of the USEPA.

I have learned that when it comes to the hazardous waste regulations codified under RCRA, California is different. And here is just one example of it: buried in the California Health and Safety Code at 25160.7 is a requirement for a hazardous waste generator or a TSDF to ensure, prior to loading hazardous waste on a vehicle, that the driver of the vehicle has a valid Commercial Driver’s License (CDL) with the proper endorsement. Don’t believe me? Read it for yourself:

25160.7. An authorized representative of the generator or facility operator that is responsible for loading hazardous waste into a transport vehicle shall, prior to that loading, ensure that the driver of the transport vehicle is in possession of the appropriate class of driver’s license and any endorsement required to lawfully operate the transport vehicle with its intended load.

How can a California generator of hazardous waste comply with this requirement?  Well, one way is to ask to see the driver’s CDL prior to loading his/her truck.  (I suggest documenting this procedure).  Another would be to obtain written confirmation from the motor carrier that all of their drivers have the proper CDL and endorsement.Driver of a commercial motor vehicle

Read this article to learn what you should look for on the CDL and what endorsements may be found there:  What Information Must be on the Commercial Driver’s License?

Remember that the definition of a hazardous waste in California is much more broad than the Federal.  A hazardous waste in California includes:  used oil, ethylene glycol antifreeze, corrosive solid, an expansive list of metals (e.g. copper, zinc, cobalt), asbestos, and much more.

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Contact me if you have questions about the generation, management, or transportation of hazardous waste in California.