hazardous waste generator status

FAQ: Onsite Treatment of Hazardous Waste and Generator Status

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?

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

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/
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

Pinnacle Oilfield Services Violates Environmental Laws in Louisiana

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).

Logo for US Environmental Protection AgencyWho:

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, LAHazardous Waste Regulations in Louisiana

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.

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Please contact me to provide this training for you.

Parent Corporation of St. Vincent Hospital in Worcester, MA Fined by MassDEP for Hazardous Waste Management and Air Pollution Control Requirements

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).

During a routine inspection of the hospital conducted by MassDEP personnel in December 2012, it was determined that the facility generated hazardous waste in excess of its registered status, failed to ensure all required information on hazardous waste manifests was correct and failed to submit an annual Source Registration form. In a negotiated consent order, the parent company, VHS Acquisition Subsidiary Number 7, Inc. of Tennessee, agreed to maintain facility compliance with applicable regulations and pay the $2,860 penalty.

“During the inspection when the violations were identified, the facility immediately took steps to ensure compliance with applicable regulations, including its handling of hazardous wastes,” said Lee Dillard Adams, director of MassDEP’s Central Regional Office in Worcester. “MassDEP appreciates these measures and anticipates this level of attention will lead to on-going compliance.”

An assessed penalty of this amount is not a significant burden to a company of this size.  However, I am certain the that the hospital managers, not to mention the officers of the parent corporation, were not happy with the black eye it gives their facility.  And yet, it all could have been avoided by some relatively simple actions.  For example, a point I emphasize in my Training Seminars is to keep a close eye on your hazardous waste generation, I even provide a sample form to use when tracking your hazardous waste from cradle to grave.

Ensuring all the information is correct on the RCRA Manifest is important since a mistake here could lead to violations of USEPA regulations – in this case the regulations of the Massachusetts Department of Environment since MA has an authorized hazardous waste program – and those of the US Department of Transportation.

Both the USEPA – or an authorized state – and the USDOT require training of applicable personnel.  It is your responsibility to identify those employees and ensure they are trained properly.  Please contact me for a free consultation of your RCRA/Hazardous Waste and HazMat Employee training requirements.

Container Weight in the Calculation of Hazardous Waste Generator Status for RCRA

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.

 

Calculating Your Hazardous Waste Generator Status – All

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…)

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 Determination of Hazardous Waste Generator Status Based on the Accumulation of Hazardous Waste

This will be the last in a trio of articles looking closely at the process of determining your hazardous waste generator status. The preceding two were:

And now this one:  The Determination of Hazardous Waste Generator Status Based on the Amount of Hazardous Waste Accumulated Onsite.

Keep in mind that this article is meant to assist in determining compliance with the Federal regulations of the US EPA.  Your State, if it has an authorized hazardous waste program, may have its own method for determining hazardous waste generator status that differs greatly from the US EPA.  As always, be sure to check with your State Environmental Agency in order to ensure compliance.

The most common method of determining your hazardous waste generator status is to consider the amount of hazardous waste generated.  However, there are two situations where the amount of hazardous waste accumulated onsite can make a change – in one situation, a drastic change – to your hazardous waste generator status.

We’ll start at the top.  The Large Quantity Generator (LQG) status of hazardous waste generator is based solely on the amount of hazardous waste (≥1,000 kg/mo) or acute hazardous waste (>1 kg/mo or >100 kg/mo spill residue) generated.  An LQG has no upper limit on the amount of hazardous waste or acute hazardous waste it may generate or accumulate.  There is however a limit to how long an LQG may accumulate hazardous waste onsite (≤90 days).

Next is the Small Quantity Generator (SQG) status, which may be determined by the amount of hazardous waste generated (>100 kg/mo but <1,000 kg/mo) or by the amount accumulated onsite.  The accumulation of hazardous waste is a factor if a Conditionally Exempt Small Quantity Generator (CESQG) accumulates ≥1,000 kg of hazardous waste at any one time.  If the threshold of 1,000 kg of hazardous waste is met or exceeded by a CESQG, the hazardous waste immediately becomes subject to all the regulations of an SQG [40 CFR 261.5(g)(2)].

An SQG must also watch the amount of hazardous waste it accumulates.  If at any time a Small Quantity Generator exceeds 6,000 kg of hazardous accumulated onsite the SQG catapults over the LQG status where you might expect it to land and finds itself in the realm of a storage facility “…subject to the requirements of 40 CFR parts 264, 265 and 267, and the permit requirements of 40 CFR part 270…”[§262.34(f)].  The hazard presented by this threshold of 6,000 kg cannot be over-stated.  There can be very stiff fines associated with operating a hazardous waste storage facility without a permit.  For this reason, an SQG must keep a close watch on the amount of hazardous waste accumulated onsite.  An SQG also has an onsite accumulation time limit of no more than 180 days for its hazardous waste.

Conditionally Exempt Small Quantity Generator (CESQG) status, similar to LQG status, is based solely on the amount of hazardous waste (≤100 kg/mo) and acute hazardous waste generated (≤1 kg/mo or ≤100 kg/mo spill residue).  However, as noted above, if a CESQG accumulates onsite at any one time an amount of hazardous waste ≥1,000 kg, then that hazardous waste immediately becomes subject to the regulations applicable to a Small Quantity Generator of hazardous waste.

The big take away from this article is that both SQG’s and CESQG’s must keep a close eye on the amount of hazardous waste they accumulate onsite while monitoring the amount of hazardous waste they generate, and – in the case of the SQG – the length of time the hazardous waste is accumulated onsite.

The determination of your hazardous waste generator status is an important step in maintaining your compliance with the regulations, but it’s not the only one.  Once your status is determine with confidence you must then focus on complying with the regulations applicable to your hazardous waste generator status.  That takes knowledge of the regulations and – depending on your status – may require training.

I provide training required by the US EPA, and your State, for Hazardous Waste Personnel and that required by the US DOT for Hazmat Employees.  Contact me to discuss your training needs.

Counting Hazardous Waste Accumulation for Generator Status – Satellite Accumulation Areas

The US EPA regulations that allow for the management of hazardous waste in Satellite Accumulation Areas (SAA’s) provides great flexibility to hazardous waste generators who are able to take advantage of the regulations at 40 CFR 262.34(c).  Benefits include:

  • No on-site accumulation time limit (check with your State to confirm this).
  • No requirement for weekly inspections of SAA’s.
  • Training not required for facility personnel who work only at SAA’s.
  • RCRA air emission standards at 40 CFR 265, Subpart AA, BB, & CC don’t apply.

That should be enough, but some mistakenly think that there is one more benefit:  The hazardous waste accumulated in SAA’s does not count toward your monthly hazardous waste generator status determination.  This is mistaken.  Hazardous waste in SAA’s does count towards your monthly hazardous waste generator status; here’s why:

A generator of hazardous waste is required to count all the hazardous waste generated in their facility in a calendar month to determine their generator status unless specifically exempted.  Wastes that are not required to be counted towards generator status are identified in 40 CFR 261.5(c) and in a past article of mine:  Counting Hazardous Waste to Determine Generator Status.  Hazardous wastes accumulated in SAA’s are not included in this list of excluded wastes and must therefore be included in your monthly determination of your hazardous waste generator status (RO 14703 – #12 of the FAQ’s).

Determination of your hazardous waste generator status is an early important step.  If you are a Large Quantity Generator of hazardous waste (LQG) you must also train facility personnel annually to ensure compliance with the RCRA regulations.  Contact me for a free consultation of your RCRA & DOT HazMat Employee training needs.

Counting Hazardous Waste to Determine Generator Status

In order to determine your status as a generator of hazardous waste:  Large Quantity Generator (LQG), Small Quantity Generator (SQG), or Conditionally Exempt Small Quantity Generator (CESQG), you must know how much hazardous waste and/or acute hazardous waste you generate in a calendar month (EPA guidance:  Generator Summary Chart).  Just as important as knowing what waste to count is knowing what waste not to count towards your generator status.

The applicable regulations can be found in 40 CFR 261.5 which is entitled:  Special Requirements for Hazardous Waste Generated by Conditionally Exempt Small Quantity Generators.  Don’t let the title fool you, while a reasonable person may infer these regulations apply only to CESQG’s in fact they apply to all generators of hazardous waste.

According to 40 CFR 261.5(c), when determining your hazardous waste generator status, you must count all hazardous waste you generate, except hazardous waste that:

– §261.4(c) allows for exemption from regulation as a hazardous waste for up to 90 days for a hazardous waste generated in an out of service product or raw materials storage tank, vehicle, manufacturing process or unit, or pipeline.

– §261.4(d-f) allows for exemption from regulation as a hazardous waste for waste characterization samples and treatability samples.

– §261.6(a)(3) exemptions from RCRA regulation for specified recyclable materials.

– §261.7(a)(1) is the exemption from RCRA regulation for the residue of empty containers (aka:  The RCRA Empty Exemption).

– §261.8 is the exemption from regulation under RCRA for PCB’s regulated under the Toxic Substances Control Act (TSCA).

Research these regulations carefully to ensure the determination of your hazardous waste generator status is correct.  Then contact me for a free consultation of your requirements to provide RCRA Training for Hazardous Waste Personnel and DOT HazMat Employee Training.  I provide both of these in one day training sessions either at public events or at your facility.

You may also be interested in this article where I review the regulations regarding double-counting of your hazardous waste generation.