Hazardous Waste Treatment

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

Generator Treatment of Hazardous Waste in Ohio

In an earlier article I summarized the US EPA regulations regarding onsite treatment of hazardous waste by a generator.  The Ohio EPA have their own regulations pertaining to this subject; they largely follow the US EPA but with some important differences.

Treatment is defined in the Ohio Administrative Code at 3745-50-10(A) as any method, technique or process – including neutralization – designed to change the physical, chemical or biological character or composition of any hazardous waste to:

  • Neutralize the waste.
  • Recover energy or material resources from the waste.
  • Render the waste nonhazardous or less hazardous.
  • Make the waste safer to transport, store or dispose.
  • Make the waste easier to recover or store.
  • Reduce the volume of waste.

Pursuant to 3745-52-10(C) of the OAC a generator is allowed to treat their own hazardous waste without a permit provided they comply with 3745-52-34.  These are the standard management requirements for the accumulation of hazardous waste; they include:  labeling, closed container, onsite accumulation time limit, training, inspections, etc.  3745-52-10(C) does not specify a generator status, therefore it applies to all generators of hazardous waste:  Large Quantity Generator, Small Quantity Generator, & Conditionally Exempt Small Quantity Generator.  If treating hazardous waste, an LQG or SQG must comply with the regulations applicable to their generator status.  Where Ohio differs from the US EPA is that a CESQG that treats its waste must comply with the regulations of an LQG.

Acceptable forms of onsite treatment for a hazardous waste generator in Ohio include, but are not limited to:

  • Stabilization:  Mixing a characteristic hazardous waste (D008 Toxicity for Lead) with cement to stabilize the lead.
  • Wastewater Treatment:  A variety of methods may be used to remove a hazardous constituent from a wastestream if the wastewater treatment unit and its discharge is permitted under the Clean Water Act.
  • Neutralization:  Mixing an acidic waste (D002 Corrosivity) with an alkaline material to neutralize it, or vice versa.
  • Polymerization:  A resin (D001 Ignitable) may be mixed with its reactant to cause a polymerization reaction creating a solid nonhazardous waste.
  • Evaporation:  Evaporation of an aqueous (water-based) waste that does not contain volatile organic compounds.  Any release of a hazardous waste, such as VOC’s, to the air is disposal and not allowed without a permit.

The following must also be considered before conducting hazardous waste treatment without a permit in Ohio:

  • The waste must be generated onsite.
  • Acceptable units for onsite treatment of hazardous waste are limited to:  Containers, Tanks, and Containment Buildings.
  • The Federal RCRA air emission standards may apply, refer to:  40 CFR 265, Subpart AA, BB, or CC.
  • Thermal treatment (incineration) is not allowed.  This includes treatment at ambient temperatures, eg. leaving solvent-soaked rags to dry.  Refer to the description of Evaporation above.
  • The closed container requirements do not apply to a hazardous waste undergoing treatment in a container.

The Ohio land disposal restrictions of 3745-270 present an additional treatment standard – beyond the determination of hazardous or non-hazardous – that must be met before the waste may be land disposed.  This means that if you intend to treat your hazardous waste to make it non-hazardous you must also decide if your treatment will meet the LDR.

  • If not treated to meet the LDR:  Then the waste will have to be treated to meet the LDR’s before land disposal.
  • If treated to meet the LDR:  Then you must comply with the requirements of 3745-270, which include:
    • Develop a written Waste Analysis Plan [3745-270-07(A)(5)].
    • Comply with the notification and certification requirements [3745-270-07(A)].

This information is based on the regulations of the Ohio EPA, the Federal regulations and those of your State will differ.  Check with your State for its interpretation of these regulations.

Additional information is available from the Ohio EPA:  DHWM Guidance Document – Generator Treatment.

As always, please don’t hesitate to contact me if you have any questions about the RCRA regulations (Federal or State) or those of the US DOT for the transportation of hazardous materials.

Solvent Distillation as a Means to Reclaim Spent Solvents

Does your company purchase virgin solvent and dispose of spent solvent off-site?  If you answered yes, you’re not alone.  The costs associated with the purchase of virgin solvent and its off-site disposal is a significant financial burden for many manufacturers.  If you haven’t before perhaps you should consider the use of on-site solvent recycling equipment such as a solvent distillation unit.  Before making such a purchase you must take into account a variety of factors such as:  safety concerns, labor needs, regulatory compliance, costs, and the effect on production.  This article will focus on US EPA regulatory requirements.

States may differ in their interpretation of these Federal regulations, so I suggest you work closely with your state environmental agency before you begin on-site solvent distillation of your spent solvent.  Read here for more information about generator on-site treatment of hazardous waste in general.

The benefits of recycling of your spent solvent through distillation include:

  • Reduced purchase costs for virgin solvent.
  • Reduced disposal costs for spent solvent.
  • Possible change in hazardous waste generator status due to reduction in amount of hazardous waste generated.

A solvent distillation unit heats a spent solvent – we’ll assume it to be a hazardous waste – to its boiling point, evaporating the solvent.  The solvent vapor passes into a condensing chamber where it is recovered in its liquid form for reuse.  Any contaminants – with a different boiling point than the solvent – collect as still bottoms.  That is a vastly over-simplified description of the solvent distillation process; what then about the regulatory compliance issues?

The solvent distillation unit itself, which is a form of treatment as defined at 40 CFR 260.10, is exempt from regulation pursuant to 40 CFR 261.6(c)(1) (RO11200).  Therefore, the operation of a solvent distillation unit itself would not subject a hazardous waste generator to the permitting requirements of the Resource Conservation and Recovery Act (RCRA).  Nor is the solvent distillation unit subject to the hazardous waste generator standards of 40 CFR 262.  However, as we’ll see, the spent solvent prior to distillation and any still bottoms removed from the unit may be subject to these requirements.

Once it has been reclaimed by the distillation process to where it may be returned to its former use (the same as if it was virgin solvent) the former spent solvent is no longer a solid waste per 40 CFR 261.3(c)(2)(i) (RO12911) and therefore, cannot be a hazardous waste.  As far as the US EPA regulations are concerned it is no different than virgin solvent unless you intend to burn it or use it in a manner that constitutes disposal.  If and when you are no longer able to reclaim the spent solvent for reuse it then becomes subject to the hazardous waste determinationrequirements of 40 CFR 262.11 and the hazardous waste generator standards of 40 CFR 262.  Care must be taken to ensure you count your hazardous waste generation properly to determine your hazardous waste generator status; keep reading to ensure you don’t double-count.

Any solvent distillation unit will generate what is called a still bottom which is the contaminants removed from the spent solvent and accumulated within the unit.  Your operations may differ, but it is safe to assume that the still bottoms from a solvent distillation unit will be a listed hazardous waste per 40 CFR 261.31 (RO12911).  Though the still bottoms may accumulate in the solvent distillation unit for a period of time, since the unit is exempt from regulation the still bottoms are considered a newly generated waste – and subject to the hazardous waste generator standards of 40 CFR 262 – when they are removed from the unit (RO11420).  As with the spent solvent, read on to make sure you count the amount of hazardous waste you have generate in a calendar month with care to determine your hazardous waste generator status.

The regulatory status of the spent solvent prior to its introduction into the solvent distillation unit depends on whether or not it is stored or accumulated prior to its reclamation.  Pursuant to 40 CFR 261.6(c)(2) if the spent solvent is recycled without prior storage it is not subject to RCRA regulations (its still bottoms are however), you need only…

  • Obtain a US EPA ID number for your site if you don’t already have one.
  • Comply with the requirements of 40 CFR 265.71 and 265.72 regarding the use of the Uniform Hazardous Waste Manifest for off-site disposal of hazardous waste.
  • Comply with the RCRA air emission standards of 40 CFR 265 Subparts AA & BB.

If the spent solvent is recycled after prior storage it is subject to the full hazardous waste generator standards of 40 CFR 262 up until the point it enters the solvent distillation unit (Faxback 12895).  This includes the on-site accumulation time limits of 90 days for an LQG and 180 or 270 days for an SQG.

One final point concerns when the spent solvent or the still bottoms are counted towards your hazardous waste generator status.  As noted in the previous paragraph, if the spent solvent is recycled without prior storage it is exempt from the requirement to count it towards your generator status, but the still bottoms generated by the process are not.  If stored prior to recycling, it gets a bit trickier.  40 CFR 261.5 – though directed in its title towards conditionally exempt small quantity generators – applies to all hazardous waste generators.  At 40 CFR 261.5(d) we find:

(d) In determining the quantity of hazardous waste generated, a generator need not include:

  1. Hazardous waste when it is removed from on-site storage; or
  2. Hazardous waste produced by on-site treatment (including reclamation) of his hazardous waste, so long as the hazardous waste that is treated was counted once; or
  3. Spent materials that are generated, reclaimed, and subsequently reused on-site, so long as such spent materials have been counted once.

The above regulations are clear that whether it’s the still bottoms generated in the reclamation process (#2 above); or the spent solvent that is reclaimed and reused (#3 above) you need only count the amount of solvent begun withand not each batch of spent solvent or still bottoms.  What the regulations do not make clear – but RO 12699 does – is that since your generator status is determined by the amount of hazardous waste you generate in a calendar month this count must be made once each month.

Research the applicable regulations, determine the cost/benefits, and be sure to speak to your state environmental agency.  Once satisfied with the above, go ahead and begin recycling your spent solvent for reuse on-site.  Contact me with any questions or to let me know how things went for you.  Better yet, come to one of my nationwide trainingevents, or let me come to your site to train all of your Hazardous Waste Personnel and DOT HazMat Employees for one flat fee of $1,749.  I look forward to hearing from you.

Hazardous Waste Generator On-Site Treatment of Hazardous Waste

US EPA regulations allow hazardous waste generators to accumulate and treat hazardous waste on-site without obtaining a permit as long as they meet the applicable on-site management requirements for their status (Large Quantity Generator, Small Quantity Generator or Very Small Quantity Generator) and some additional limitations on the forms of treatment.  Generators should proceed with caution if they intend to treat their hazardous waste, however.  Some forms of treatment allow you to exclude what otherwise would be hazardous waste from regulation by RCRA entirely, other treatment processes are exempt from RCRA, but the waste prior to – and perhaps after – treatment may not be excluded from regulation as a hazardous waste.  Also if a permit is required but not obtained for a treatment method, you may find yourself facing fines as an unpermitted treatment facility.  I’ll do my best to explain the allowances and restrictions of the regulations while pointing you to the applicable regulations and/or US EPA guidance documents.  Keep in mind that these are Federal regulations; your State can have its own version of these regulations and its own interpretations and guidance documents.  Be sure to check with your State regulatory agency to ensure compliance.

First, you should know that treatment is defined at 40 CFR 260.10 as:

Any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste, or so as to recover energy or material resources from the waste, or so as to render such waste non-hazardous, or less hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage, or reduced in volume.

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

Ask me about my Onsite Training

Secondly, regardless of the treatment method you choose there are restrictions that limit the options available to you without a permit, they are:

  • You may only treat the hazardous waste you generate on-site (Faxback 11066).
  • Thermal treatment is not allowed.  This restriction includes evaporation by applied or ambient heat as well(RCRA Online 12923).
  • Dilution of the hazardous waste is not allowed per the Land Disposal Restrictions of 40 CFR 268.3.

Third, there are three treatment processes that are specifically exempted from RCRA permit requirements per 40 CFR 270.1(c)(2).  The three methods defined at 40 CFR 260.10 are:

  1. Elementary neutralization units – “A device used for neutralizing wastes that are hazardous only because they exhibit the corrosivity characteristic defined in §261.22 of this chapter, or they are listed in subpart D of part 261 of the chapter only for this reason; and meets the definition of tank, tank system, container, transport vehicle, or vessel in §260.10 of this chapter.”
  2. Wastewater treatment units – “A device which is part of a wastewater treatment facility that is subject to regulation under either section 402 or 307(b) of the Clean Water Act; and receives and treats or stores an influent wastewater that is a hazardous waste as defined in §261.3 of this chapter, or that generates and accumulates a wastewater treatment sludge that is a hazardous waste as defined in §261.3 of this chapter, or treats or stores a wastewater treatment sludge which is a hazardous waste as defined in §261.3 of this Chapter; and meets the definition of tank or tank system in §260.10 of this chapter.”
  3. Totally enclosed treatment units – “A facility for the treatment of hazardous waste which is directly connected to an industrial production process and which is constructed and operated in a manner which prevents the release of any hazardous waste or any constituent thereof into the environment during treatment. An example is a pipe in which waste acid is neutralized.”

Contact me the next time hazardous waste generator USEPA training is due to expire.

If after treatment the waste no longer meets the definition of a hazardous waste, then it is no longer subject to RCRA.  If treated immediately upon generation, it will not be subject to any of the requirements of RCRA including the requirement to count it towards your generator status threshold.  However the storage of any hazardous waste prior to treatment must be counted toward your generator status and managed on-site as a hazardous waste until such time as treatment makes it non-hazardous.  So, in order for the hazardous waste you generate on-site to be exempt from RCRA regulation, you must accomplish each of the following:

  1. Treat immediately upon generation.
  2. Use one of the treatment methods listed above.
  3. Treat the waste until no hazardous characteristics remain and the applicable Land Disposal Restriction treatment standards of 40 CFR 268 are met.

If your treatment method is not one of those three, and you wish to avoid the hassle of obtaining a RCRA permit as a treatment facility, then you must ensure that your treatment method takes place in compliance with the applicable regulations for one of the following three generator accumulation units (defined at 40 CFR 260.10) recognized by US EPA:

  • Containers – “Any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.” Managed per 40 CFR 265, Subpart I.
  • Tanks – “A stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support”.Managed per 40 CFR 265, Subpart J.
  • Containment buildings – “A hazardous waste management unit that is used to store or treat hazardous waste under the provisions of subpart DD of parts 264 or 265 of this chapter.” Managed per 40 CFR 265, Subpart DD.

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The US EPA has indicated in preambles to the Federal hazardous waste rules (46 FR 2806, January 12, 1981 & 51 FR 10168, March 24, 1986) and in written responses to queries (RO 11261) that generators may treat hazardous waste on-site in the above accumulation units.  Be sure to comply with the regulations applicable to your generator status – LQG, SQG, or VSQG – as well.  An acceptable form of treatment is the addition of absorbent material to waste in a container or the addition of waste to absorbent material in a container at the first moment waste is placed in the container.

Note that a fourth hazardous waste management unit:  Drip pads – “An engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.” – and managed per 40 CFR 265, Subpart W, is not included in the above.  US EPA does not allow the use of drip pads – which are specific to the wood-preserving industry – to be used for the treatment of hazardous waste.

Also note that the use of containment buildings for the accumulation or treatment of hazardous waste is restricted solely to Large Quantity Generators.  If a Small Quantity Generator wishes to use a containment building, it will have to comply with the applicable LQG regulations.

Whatever treatment method you choose, it is likely that at some point you will generate a waste – perhaps a hazardous waste – as a result of the treatment process that requires disposal.  Care must be taken in determining if, and when, this hazardous waste may be counted toward your generator status.  Waste may be generated by one of the following methods:

  • Residue from the on-going treatment process.
  • The treated material no longer meets specifications and cannot be returned to use.
  • A spent material accumulated on-site prior to treatment and reuse.

This US EPA written opinion answers that question and refers the reader to the preamble to a Federal Register and the applicable regulations in 40 CFR 261.5(d) for its justification (RCRA Online 11341).  Part 261.5 refers specifically to Conditionally Exempt Small Quantity Generators of hazardous waste, but the waste counting method it contains applies to all hazardous waste generators.  I suggest you read these documents for a more full explanation, but in sum any hazardous waste generated as a result of a treatment process need only be counted toward your generator status once in a calendar month.

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 concerned about the cost of hazardous waste disposal and feel you have the type of waste that would respond well to one of the three treatment methods that don’t require a permit – elementary neutralization of a spent acid or base for example – you may wish to consider on-site treatment of your hazardous waste.  I suggest a call to your state environmental agency after a thorough review of the applicable regulations to confirm your requirements.

The on-site treatment of hazardous waste is just one aspect of a generator’s hazardous waste management responsibilities that I address in my Onsite and Webinar Training.