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.

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:

• Generates ≤100 kg (220 lbs) of RCRA hazardous waste and ≤1 kg (2.2 lbs) of acutely hazardous waste per calendar month.  This includes universal wastes that are a RCRA hazardous waste.
• Complies with the Federal regulations of the USEPA at 40 CFR 261.5 for a Conditionally Exempt Small Quantity Generator of hazardous waste.

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.

• 

  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.

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:

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.

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.

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.

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

Like most states, California is authorized to manage its own hazardous waste program.  And like a lot of other states, California’s hazardous waste program – administered by the Department of Toxic Substances Control (DTSC) within the California EPA (Cal EPA) – is more strict in its regulation of, and more broad in its definition of, a hazardous waste.  But this is California, so being just a little more broad and a little more strict is not enough; they have to set the bar high.  In brief summation, the DTSC hazardous waste regulations differ from those of the USEPA and most other states by being…

…more broad in their definition of a hazardous waste.  To the point of regulating the following as a hazardous waste:

• Friable asbestos containing material of ≥1% asbestos.
• Used oil
• Some anti-freeze
• Corrosive solids
• Nickel, copper, & cobalt containing wastes (among others)

And…

…more strict regulations for the cradle-to-grave management of this expanded class of hazardous waste, including:

• No recognition of the Conditionally Exempt Small Quantity Generator status.
• “California Empty” (aka: Drip Dry) as an alternative to USEPA’s “RCRA Empty”.
• One year of on-site accumulation for hazardous waste in a satellite accumulation area v. unlimited time for on-site accumulation in an SAA per the USEPA regulations.
• Increased marking requirements for hazardous waste containers during on-site accumulation.

It is this last point that is the subject of this article:  The requirements of the DTSC for the marking of a hazardous waste container used for on-site accumulation of a hazardous waste. (more…)

The Bullet:

US EPA announced the conclusions of enforcement actions against two hazardous waste generators in California’s San Joaquin Valley.  Fines paid by the two facilities total $75,200.  Read the US EPA press release:  U.S. EPA settles with two San Joaquin Valley companies to ensure safe handling of hazardous waste

Who:

WCR, Inc., a heat exchanger refurbishing facility.

B.C. Laboratories, Inc., a company that provides environmental testing services for commercial and government clients.

US Environmental Protection Agency – Region 9.  Media Contact: Nahal Mogharabi, 213-244-1815, mogharabi.nahal@epa.gov

What:

Alleged violations of WCR, Inc.:

• Failure to properly label and close hazardous waste containers.
• Failure to maintain a hazardous waste container in good condition, leading to minor leaks.
• Failure to minimize the possibility of unplanned releases by storing the leaking container in an outdoor, uncovered area.
• Failure to conduct required weekly inspections.

WCR has agreed to pay $34,600 to resolve these violations.

Alleged violations of B.C. Laboratories:

• Failure to properly label and close hazardous waste containers.
• Failure to provide adequate aisle space to allow unobstructed access by personnel and inspectors.
• Failure to submit a biennial hazardous waste report.
• Not following proper practices, posing a greater risk of hazardous waste releases into the environment.

B.C. Laboratories has agreed to pay $40,600 to resolve these violations.

Where:

WCR, Inc. is located in Fresno, CA

B.C. Laboratories, Inc. is located in Bakersfield, CA.

When:

WCR, Inc. was inspected by US EPA in March 2013.

B.C. Laboratories, Inc. was inspected by EPA in November 2012.

News release dated June 26, 2014

Why:

“Facilities that deal with hazardous waste are responsible for its safe storage and handling,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “It’s vital to protect employees and nearby communities from the risks of accidental leaks and releases of harmful waste products.”

How:

The Resource Conservation and Recovery Act (RCRA) authorizes EPA to oversee the generation, transportation, treatment, storage, and disposal of hazardous waste. Under RCRA, hazardous waste must be stored, handled and disposed of using measures that safeguard public health and the environment.

Conclusion:

In this situation the US EPA brought this enforcement action against the two California businesses and not the Department of Toxic Substances Control (DTSC) of the California Environmental Protection Agency (Cal EPA).  Whatever the enforcement agency (State or Federal), the RCRA regulations will be enforced.  I can provide the training you need to comply with both State (California’s hazardous waste regulations are more strict and more broad than those of the US EPA) and Federal regulations.

Contact me for a free training consultation.

For more information on the Region’s 2011-2014 Strategic Plan for the San Joaquin Valley, please visit: www.epa.gov/region9/strategicplan/sanjoaquin.html

The Bullet:

DTSC alleges that FedEx Ground committed more than 1,500 acts resulting in multiple violations of California hazardous waste regulations.  These acts took place at each of FedEx’s thirty-one terminals throughout California.  Alleged violations stem from improper management of broken or leaking packages that contained hazardous materials.  If proven, the violations subject FedEx to civil penalties of up to $25,000/violation.

View the DTSC news release:  DTSC files complaint against FedEx Ground:  Company allegedly mishandled hazardous materials shipped in California

Who:

The Department of Toxic Substances Control (DTSC) is one Department within the California Environmental Protection Agency (Cal EPA).  The DTSC manages the hazardous waste program within the state of California.

FedEx Ground Package System, Inc. (FedEx Ground) is a nationwide Carrier of materials & articles (hazardous & non-hazardous).  In this instance, it is also the Generator of a solid waste.

 What:

Alleged violations include:

• Improper – or absent – hazardous waste determination.
• Unlawful transportation of hazardous waste.
• Transportation of hazardous waste without the Uniform Hazardous Waste Manifest.
• Failure to obtain hazardous waste generator identification numbers.
• Did not send hazardous waste to authorized hazardous waste treatment, storage, and disposal facilities.
• Did not use proper hazardous waste labels and markings on the container.

Where:

Civil complaint filed in Sacramento County.  Violations are alleged to have taken place at FedEx’s thirty-one (31) terminals within California.

When:

News release:  June 26, 2014.

According to the news release, the alleged violations have occurred, “since at least November 2008”.

Why:

The improper management of hazardous waste can lead to the pollution of the environment and jeopardize human health and safety.  DTSC regulates hazardous waste within California to ensure it is managed in a way to minimize its impact on the environment.

How:

As a state with an authorized hazardous waste program, Cal EPA – and DTSC – can create and enforce its own regulations as long as they are at least as strict and broad as those of the USEPA.

Conclusion:

What conclusions can be drawn from this?  Number one, that significant fines and violations can accumulate from a relatively simple lack of awareness of being subject to the regulations.  Pursuant to 40 CFR 262.11 (Federal regulations but adopted by all the states) a generator of any solid waste must determine if it is a hazardous waste.  This is known as the Hazardous Waste Determination.  Simply being aware of this requirement as a starting point could have avoided a significant problem for FedEx Ground in California.

Secondly, despite popular misconceptions, big well-known companies make simple – and costly – mistakes like this all the time.  You as the Generator of a hazardous waste and/or the Shipper of a hazardous material cannot rely on other big-name companies to ensure your compliance.  Their mistakes could cost you!

So what’s the answer?  Training.

If you generate – or even have the potential to generate – any hazardous waste, then someone at your facility must be aware of the applicable regulations of the Resource Conservation and Recovery Act (RCRA).  But more than that, someone must be familiar with the regulations of your state, since, as in this case, the regulations of a state (California) can be much more strict and more broad than those of the USEPA.

I provide that training.  Whether you choose to attend one of my nationwide & year-round Training Seminars, schedule a site-specific Onsite Training, participate in a convenient and inexpensive Webinar Training, or a combination of all three; I’ve can provide you with the training you need to avoid costly fines and penalties.

Please contact me for a free training consultation.