A question from a past Training Seminar attendee (sorry, my Seminars are Kaput for now) on September 16, 2015:

Daniel,

I have an urgent question I could use some clarification on. Our facility sends waste out as F006 except for a few solutions. If a few of our process solutions were pumped into drums to be held for treatment, do they qualify to be counted towards our generator status? If not how should they be properly labeled?

My reply that same day:

I’ll do my best to answer your question, though I could use some more information to be certain. In general, any storage of a waste before treatment to make it non-hazardous by the generator is subject to the hazardous waste generator regulations, e.g. label, date of accumulation, closed containers, inspections, &etc. It will also need to be counted toward your hazardous waste generator status.
An exclusion from regulation as a hazardous waste (and therefore not counted toward generator status) is allowed only for the following treatment if conducted immediately upon generation:

• Elementary neutralization. e.g. add NaOH to HCl bath as soon as it is determined to be spent.
• Totally Enclosed Treatment Facility
• On-site wastewater treatment facility with discharge permitted under Clean Water Act.

I hope this helps. Please don’t hesitate to contact me with any other questions.

Dan
815.821.1550

The Bullet:

Pinnacle Oilfield Services, Inc in Broussard, LA will pay a $146,585 civil penalty along with undertaking other measures due to its violations of the Resource Conservation and Recovery Act (RCRA).

Who:

Pinnacle Oilfield Services, Inc., in Broussard, LA

U.S. Environmental Protection Agency:  Contact: Joe Hubbard or Jennah Durant at 214-665-2200 or r6press@epa.gov

What:

The Resource Conservation and Recovery Act (RCRA) is the basis for all State and Federal regulations for the “cradle-to-grave” management of hazardous waste.  It is the responsibility of all waste generators to – along with many other responsibilities – perform a hazardous waste determination, determine their hazardous waste generator status, report that status to the appropriate regulatory authority (Louisiana DEQ in this case), and then comply with the “cradle-to-grave” regulations applicable to their hazardous waste generator status.

Where:

Pinnacle Oilfield Services, Inc. is located in Broussard, LA

When:

• USEPA news release dated 3/23/2015.
• No other dates regarding this case were made available in the news release, which is unusual.

Why:

Pinnacle has since 1994 reported as a Conditionally Exempt Small Quantity Generator (CESQG) of hazardous waste (i.e. generate ≤100 Kg of hazardous waste a month. However, USEPA found that during the past five years, the facility was actually a Large Quantity Generator (LQG) of hazardous waste generating ≥1,000 Kg of hazardous waste per month.

How:

It is interesting that USEPA is the lead enforcement agency in this case and there is not even a mention of the Louisiana DEQ, whose state this business operates in.  However, even in states with authorized hazardous waste programs like Louisiana, the USEPA may still come in to conduct its own inspections and assess violations and civil penalties as it sees fit.

Conclusion:

Correctly determining your hazardous waste generator status is a relatively simple exercise but, as in this instance, a very critical one.  Make certain you have accounted for all eligible hazardous waste you generate when determining your hazardous waste generator status.  Remember that your status could change from month-to-month.  And, if you are an LQG, you must provide annual training for all facility personnel who may come in contact with hazardous waste.

Please contact me to provide this training for you.

BOSTON – VHS Acquisition Subsidiary Number 7, Inc., the parent corporation that operates St. Vincent Hospital in Worcester has been assessed a $2,860 penalty by the Massachusetts Department of Environmental Protection (MassDEP) for violating Hazardous Waste Management and Air Pollution Control requirements.  (Link to the news release on the MADEP website).

After the hazardous waste determination, the single most important responsibility of any hazardous waste generator is to determine their hazardous waste generator status.  The USEPA identifies three (3) status of hazardous waste generators (note that your state may not recognize these three, may have created an additional state-specific status, or may use a different name for a status):

1. Large Quantity Generator
2. Small Quantity Generator
3. Conditionally Exempt Small Quantity Generator or Very Small Quantity Generator in some states.

Take this survey to determine your hazardous waste generator status

Your status must be calculated based on the amount of hazardous waste or acutely hazardous waste you generate; or in some specific circumstances, the amount of hazardous/acutely hazardous waste you accumulate.  It can be complicated, and so I refer you to a series of articles I have previously written on several topics related to hazardous waste generator status.

However, since the determination is calculated based upon weight (in kilograms, not pounds) and not the volume, the question may arise, “What about the weight of the container?  Must that be included in calculation of your hazardous waste generator status?”

The answer is no.  At 45 FR 78527 the USEPA indicated that the container is not considered a hazardous waste and it is only the material or residue in the container that the Agency intends to regulate (Faxback 12151).

Confusion may arise since most hazardous waste haulers will record the weight of the entire container on the Uniform Hazardous Waste Manifest, not just the weight of the hazardous waste.  While this is acceptable for documenting the shipment of a hazardous waste, you are not required to use this manifested weight when calculating your hazardous waste generator status.

Things to consider if you exercise this option:

• Be certain the weight of the empty drum used in your calculations is accurate as it will vary between different drums.
• Carefully document in section 14 of the manifest the weight of the hazardous waste without the container weight to avoid confusion.
• If your hazardous waste generator status is so close to the threshold that the weight of a few drums is enough to be a factor I suggest you comply with the requirements of the higher status, just to be safe.

Compliance with the regulations for management of your hazardous waste requires an accurate calculation of your hazardous waste generator status, of which this article may be of some help.  Once your status has been determined you can begin to manage the hazardous waste as required.  Contact me with any question about the management of hazardous waste at your facility.

A pre-requisite for compliance with the regulations of the Resource Conservation and Recovery Act (RCRA) is the determination of your hazardous waste generator status.  And though their identification of the status may differ from the USEPA, the same is true of the regulations of States with authorized hazardous waste programs.  Since your compliance with the applicable regulations will differ depending on your generator status, the incorrect calculation of your status could result in a ‘domino effect’ of non-compliance that can snowball into huge fines.  Unfortunately, the calculation can be difficult and will require an awareness of the regulatory requirements of the USEPA and your State, if necessary.  This article will contain links to all related articles on this topic and other support documents. (more…)