hazardous waste

The Biennial Hazardous Waste Report for 2011

March 1st is the due date for submittal of the 2011 Biennial Hazardous Waste Report (EPA Form 8700-12 A/B).  Its purpose:  reporting to the EPA about the generation, management and final disposition of hazardous waste regulated by the Resource Conservation and Recovery Act (RCRA).  Though the US EPA requires the report be submitted every even-numbered year for the previous calendar year, some states have chosen to make it an annual requirement.

Each of the following regulated entities has a responsibility to submit the annual report:

  • Treatment Storage and Disposal Facility’s (TSDF’s) that treat, store, or dispose of hazardous waste on-site during the reporting year must submit the entire report.
  • Large Quantity Generators (LQG) of hazardous waste.  You are required to submit the entire report if you were an LQG for any calendar month in the reporting year.  If you wish, you need only report the waste you generated for the month you exceeded the LQG status threshold.
  • Small Quantity Generator (SQG) of hazardous waste.  An SQG may receive a notice to complete the report.  In this case you need only indicate on the form that you were an SQG for the reporting year, sign, and submit the report.

If you are unaware of your hazardous waste generator status, this survey will assist you.

The US EPA allows states to manage the RCRA Hazardous Waste Program themselves as long as their program is authorized by the Federal Agency.  To be authorized, state regulations must be at least as strict and as broad as the Federal regulations, they are allowed to be more strict and more broad.  A perfect example of this is that while the US EPA requires a Biennial Hazardous Waste Report, many states have made it an annual requirement, due each and every March 1st for the previous calendar year.  Another difference between the state and Federal level for this report is the requirement of some states, but not the US EPA, to submit the Off-Site Identification Form (Form OI).  In addition some states require separate annual reports – sometimes with fees – from companies within their borders, some examples:

  • Illinois has an annual Non-Hazardous Waste Report due February 1st.
  • Iowa (a state without an authorized RCRA Hazardous Waste Program) has an annual Hazardous Waste Activities Form due April 15th for LQG’s and SQG’s.
  • North Carolina has a Small Quantity Generator Waste Minimization Questionnaire due July 31st.

Check with your state environmental agency to determine what, if any, reporting requirements or fees they might have in addition to the US EPA.

There have been some changes to the report for 2011 in regards to definitions, source codes, form codes, and the instructions.  Minor changes were also made to the Site ID Form and the Form GM.  Read carefully the 2011 Hazardous Waste Report Instructions and Form for changes that may apply to you.

If you find yourself sitting at a desk with the report form and instructions and a stack of the previous year’s Uniform Hazardous Waste Manifests on February 29th, I urge you to consider a system to track your waste generation and off-site disposal.  Maintaining records throughout the year pays off big dividends when the Biennial (Annual in some states) Hazardous Waste Report is due.

To learn more about other regulatory requirements for hazardous waste generators including the training requirements of 40 CFR 265.16, attend one of my open enrollment training events.  This one day of training also meets the requirements of the PHMSA/US DOT for HazMat Employees involved in the transportation of hazardous materials.

Contact me to schedule on-site training!

Review my open enrollment training schedule and register now!

Subscribe to my monthly newsletter to receive articles like this every month.  No marketing emails at all, I promise.

The Exception From use of the Technical Name for Lab Pack Shipments of Hazardous Waste

Sometimes when shipping hazardous materials the proper shipping name does not adequately describe the contents of the shipment.  An example of this, found in the Hazardous Materials Table (HMT) at 49 CFR 172.101 is the proper shipping name of:  Flammable Liquids, n.o.s. This entry and others like it contain the letter ‘G’ in column 1 of the HMT.  The ‘G’ stands for generic and indicates that one or more technical names must be included with the proper shipping name on the shipping paper and on the package.

An earlier article I wrote addressed the requirement to use the technical name when shipping HazMat, you may read it here.  In this article I will address one of the exceptions for the shipment of hazardous waste in lab packs found in49 CFR 173.12.  The exception provides relief from the requirement to use technical names when shipping lab packs of hazardous waste.

The PHMSA doesn’t define a lab pack, instead it refers you to the Appendix C Glossary of the RCRA Compliance Manual 2011 which defines a lab pack as “Drums filled with many small containers packed in non-biodegradable absorbent materials.”   This type of packaging is most commonly used when a hazardous waste generator – not necessarily a “lab” – has many small containers of hazardous waste for disposal.

49 CFR 173.12(b) first specifically identifies the hazardous wastes that may not take advantage of this exception or any other found in this section, they are:

  1. A material poisonous-by-inhalation
  2. A Division 6.1, Packing Group I material
  3. Chloric Acid
  4. Oleum (fuming sulfuric acid)

It goes on to identify the Class and Division of lab packed hazardous waste that are excepted as long as they are packaged in combination packagings as required by this section (see below) and are shipped for disposal by highway, rail, or cargo vessel, they are:

  • Class 3 Flammable or Combustible Liquid
  • Division 4.1 Flammable Solid
  • Division 4.2 Spontaneously Combustible
  • Division 4.3 Dangerous When Wet
  • Division 5.1 Oxidizer
  • Division 5.2 Organic Peroxide
  • Division 6.1 Poison
  • Class 8 Corrosive
  • Class 9 Miscellaneous

What are the combination packaging requirements of this section that must be used if the hazardous waste lab packs are to utilize the exception?  Well, briefly…

The inner packaging must either be glass of ≤4 L (1 gal) rated capacity or metal or plastic of ≤20 L (5.3 gal) rated capacity.  Inner packagings of liquids must be surrounded by a chemically compatible absorbent material sufficient to absorb the liquid contents.

The outer packaging may contain only one Class of waste material, may not contain incompatibles (ie. acid and base, some organic and inorganic, etc.), and it must be a type of packaging listed in 49 CFR 173.12(b)(2)(ii).  Note that the US EPA land disposal restrictions at 40 CFR 268.42(c) limit the packaging/container you may use if the entire lab pack is going straight to landfill or incineration.  Also The gross weight of the combined packaging (inner & outer packaging, absorbents and contents) may not exceed 205 KG (452 lb).

So, before you prepare a lab pack of hazardous waste for off-site shipment, ask yourself, “Is it…

  • not a prohibited material?
  • an authorized Class or Division?
  • to be shipped by highway, rail, or cargo vessel?
  • packaged in compliance with combination packaging requirements of 49 CFR 173.12(b)(2)(ii)?

If you answered yes to all of the above, then you may take advantage of the following exceptions:

  1. A generic description from the Hazardous Materials Table may be used in place of specific chemical names, when two or more chemically compatible waste materials in the same hazard class are packaged in the same outside packaging.  This means that a combination packaging containing several containers of sulfuric, nitric, and hydrochloric acid can utilize the proper shipping name of:  Waste Corrosive Liquids, n.o.s.  Read here for an explanation of when to use the word “waste” with a proper shipping name.
  2. You need not include the technical name(s) on the shipping paper or on the package even if there is a ‘G’ in column 1 of the HMT for that proper shipping name.

But, as Columbo used to say, “Just one more thing…”  If the hazardous waste is also a hazardous substance(defined at 49 CFR 171.8), then it must be described as required in 49 CFR 172.203(c).  Which means you need to make sure the name of the hazardous substance and the letters ‘RQ’ are included with the proper shipping name on the shipping paper and the package.

To learn more about shipping hazardous waste, hazardous substances, hazardous materials, and all the requirements of a HazMat Employee, attend one of my training events.  My training also covers the US EPA training requirements for generators of hazardous waste.  You can complete both of these training requirements in one day.

Contact me to schedule on-site training!

Review my open enrollment training schedule and register now!

Subscribe to my monthly newsletter to receive articles like this every month.  No marketing emails at all, I promise.

Pharmaceuticals as Hazardous Waste

(Kansas City, Kan., Nov. 23, 2011) – Eldo W.R.M.S., Inc., a commercial goods salvage wholesale and retail business, has agreed to pay a $23,900 civil penalty to the United States to settle a series of hazardous waste violations at its facility in Grandview, MO (more).  Read the whole news release and you’ll learn that the most significant violation had to do with the incorrect on-site management and off-site disposal of pharmaceuticals.  You may be surprised to learn that pharmaceuticals are not identified specifically in the RCRA regulations (40 CFR 239 to 299), nor is there any exclusion from the regulations allowed.  Rather, they are subject to the hazardous waste determination requirements of 40 CFR 262.11 the same as any other discarded material and may have to be managed as a hazardous waste.  It may also surprise you to learn that there are no US EPA regulations specifically regarding the management or off-site shipment of medical waste.  In the absence of Federal regulation of medical waste, many states have created their own, but they don’t include pharmaceuticals (see here for more information).  If you generate pharmaceuticals as a waste, you should be aware of the applicable regulations, your disposal options, and some potential regulatory relief coming down the pike.

This US EPA website has a lot of helpful information about pharmaceuticals:  what they are, their dangers, and proper disposal methods; as part of a larger group of potential pollutants known as Pharmaceuticals and Personal Care Products (PPCP’s).  PPCP’s include:

  • Prescription and over-the counter therapeutic drugs
  • Veterinary drugs
  • Fragrances
  • Cosmetics
  • Sun-screen products
  • Diagnostic agents
  • Nutraceuticals (e.g., vitamins)

Sources of PPCP’s include:

  • Human activity
  • Residues from pharmaceutical manufacturing (well defined and controlled)
  • Residues from hospitals
  • Illicit drugs
  • Veterinary drug use, especially antibiotics and steroids
  • Agribusiness

The dangers to the environment from PPCP’s lies in their ability to infiltrate water systems relied upon for drinking water or wildlife, thus the importance of compliance with the regulations.  Without any current regulations addressing PPCP’s specifically, you must manage it as any other discarded material:

  • Determine if it is subject to any of the regulatory exemptions for solid waste or hazardous waste.
  • Determine if it is subject to the recycling exemption.
  • Determine if it is either a listed or characteristic hazardous waste.
  • If it is a hazardous waste, count it towards your generator status threshold.
  • Comply with the applicable regulatory requirements of your generator status.
  • Ensure your off-site transportation and disposal is with a licensed hazardous waste hauler and medical waste disposal facility.

I mentioned the possibility of regulatory relief, didn’t I?  There is a proposal to include pharmaceuticals with the current universal wastes.  This could be a great relief to generators of this waste as the universal waste regulations allow for longer on-site accumulation, less stringent container requirements, and little to no inspection and training; learn more about universal waste here.

Pharmaceuticals and PPCP’s are just one of many types of waste that require your attention.  If you generate any hazardous waste or ship or receive any hazardous material, you will benefit from my training events where I meet and exceed both the US EPA hazardous waste and the US DOT HazMat Employee training requirements in one day.  Review my schedule to find a date and location convenient to you or contact me to schedule on-site training.

D003 – The Characteristic Hazardous Waste Code for Reactive Waste

The first step in the waste identification process – assuming you’ve already identified the material as a waste – is to determine if it is a solid waste as defined at 40 CFR 261.2.  Once identified it is the responsibility of the generator of the solid waste to determine if it is a hazardous waste.  If it is not excluded from regulation pursuant to 40 CFR 261.4then it likely is a hazardous waste.  A hazardous waste may be a listed hazardous waste per 40 CFR 261, Subpart Dand it may also be a characteristic hazardous waste.  A characteristic hazardous waste determination must be made by the generator by one of two methods:

  • Test the waste by a method specified in 40 CFR 261, Subpart C, such as flash point, pH, or toxicity.
  • Apply “Generator Knowledge” of the material based on its chemical composition (refer to the MSDS) or the process of generation.

The above description is far too brief for a process as complicated and important as a generator’s waste determination.  However, the process itself is not the point of this article and that quick synopsis allowed me to jump to what is the point:  One of the four hazardous waste characteristics – REACTIVITY.  Reactivity (waste code D003) joins three other characteristic hazardous wastes:

  • D001 – Ignitability
  • D002 – Corrosive
  • D004 to D043 – Toxicity

Reactive hazardous waste is unique among the characteristic hazardous wastes in that it lacks an approved test method to aid you in determination.  You must rely on your knowledge of the waste and the processes of generation.  Some definitions from other regulatory agencies may assist you in this determination, more on this later.

A reactive hazardous waste is identified in 40 CFR 261.23.  It is a solid waste that is not excluded at 40 CFR 261.4and it displays any of the following:

  1. It is normally unstable and readily undergoes violent change without detonating.
  2. It reacts violently with water.
  3. It forms potentially explosive mixtures with water.
  4. When mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.
  5. It is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.
  6. It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement.
  7. It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure.
  8. It is a forbidden explosive as defined in 49 CFR 173.54, or is a Division 1.1, 1.2 or 1.3 explosive as defined in 49 CFR 173.50 and 173.53.

A reactive hazardous waste can include:

  • Cyanide-bearing electroplating solutions.
  • Lithium batteries – It may be best to manage fully-charged lithium batteries as a universal waste.
  • Sodium metal.
  • White and yellow phosphorus.
  • Aerosol cans if not destined for recycling or “RCRA Empty” per 40 CFR 261.7(b)(2).

I intend to devote an article to the last bullet point of the above at a later date.  For now, I suggest you do everything possible to completely empty aerosol cans for their intended use.  You may also wish to consider the purchase of an aerosol can puncture device.  Or, manage your aerosol cans as a D003 hazardous waste.

Lastly, as I wrote earlier, though US EPA doesn’t provide much guidance as to what a reactive hazardous waste may be, other agencies, notably OSHA and the US DOT have some regulatory definitions that you may find helpful.  They are:

OSHA @ 29 CFR 1910.1200

  • Pyrophoric chemical
  • Unstable reactive chemical
  • Water-reactive chemical

US DOT @ 49 CFR 173.124

  • Spontaneously combustible material
  • Self-heating material
  • Dangerous when wet

A reactive hazardous waste may be a material like Trinitrotoluene that you are certain will never be found at your facility.  Or, it may be a more common material like a lithium battery or an aerosol can.  Whichever, you are responsible for determining the hazardous waste characteristics – or lack of- for all of your waste.  This completed, you must then determine the quantity of hazardous waste you generate and from that, your hazardous waste generator status.  Your regulatory requirements as a generator of hazardous waste are determined by your status:  Large Quantity Generator, Small Quantity Generator, or Conditionally Exempt Small Quantity Generator.

I cover all this, and a lot more in the four hour morning session of my 1 day training events.  These four hours meet the US EPA training requirements for hazardous waste personnel found at 40 CFR 265.16.  The four hours of the afternoon are dedicated to fulfilling the training requirements for DOT HazMat Employees found at 49 CFR 172, Subpart H.  Click here to see if there is a date and location convenient to you.

US EPA Regulations for the Management of Used Oil

The prospect of burning used oil on-site for energy recovery may seem daunting.  You may think that the regulatory burden and related costs would far outstrip any savings on fuel consumption.  I think you may be pleasantly surprised to learn how accommodating the US EPA regulations can be.  In certain conditions, you can even burn used oil you collect from outside parties.  Keep in mind that this information is based on the Federal regulations of the US EPA your state may have more strict requirements and additional limitations. Also keep in mind that if you intend to accumulate used oil on-site you may become subject to the Spill Prevention Control and Countermeasure requirements found at 40 CFR 112.

First of all, used oil is defined at 40 CFR 279.1 as,  “any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities.”  It can include:

  • Motor oil
  • Hydraulic fluid
  • Electrical insulating oils
  • Transmission fluid
  • Compressor oils

The advantages to burning used oil on-site for energy recovery as opposed to shipping it off-site for disposal include the following:

Better for the environment given the reduced resource consumption in collecting, transporting, and processing the oil at an off-site location.

Reduced disposal costs since you will be burning the waste on-site and no longer require a transporter and disposal facility to perform this role.

Reduced heating costs as you replace the fuels you typically purchase for consumption with Used Oil.

 

First you must determine if the used oil you generate and/or collect for energy recovery is Specification Used Oil orOff-Specification Used Oil.  If the concentration of constituents in your used oil is below the allowable levels identified in Table 1 of 40 CFR 279.11 and you comply with the requirements of 49 CFR 279.72, 279.73, and 279.74(b), see here for these requirements, then you have a Specification Used Oil that is not subject to the requirements of 40 CFR 279.  That means the oil can be burned for energy recovery in any device without US EPA restrictions.  See here for more information from US EPA about the determination and regulation of Specification Used Oil for energy recovery.   Note that mixtures of used oil and hazardous waste per 40 CFR 279.10(b) cannot be considered a Specification Used Oil.

If you generate an Off-Specification Used Oil, there are still options available to you for on-site energy recovery.  Pursuant to 40 CFR 279.12(c) Off-Specification Used Oil may be burned for energy recovery in only one of the following devices:

So, just what are the requirements of 40 CFR 279.23 that will allow you to burn Off-Specification Used Oil for energy recovery in a space heater at your facility?  First, the used oil must either be generated by the owner of the space heater – this includes off-site locations aggregated to one location – or be received directly from a Household “do-it-yourselfer” as defined at 40 CFR 279.1.  Secondly, the heater must have a design capacity not to exceed 0.5mmBtu/hr and the combustion emissions must be vented to the ambient air.  Burning of any used oil with PCB’s is subject to the requirements of 40 CFR 761.20(e).

Now let’s return to management of Specification Used Oil.  Remember that determining the constituent levels to be below the allowable levels of Table 1 of 40 CFR 279.11 is just the first part.  You must also comply with 40 CFR 279.72, 279.73, & 279.74(b).

  • 40 CFR 279.72 – You must maintain – for 3 years – records of analysis or other determination that the oil meets the requirements of 40 CFR 279.11.
  • 40 CFR 279.73 – If you don’t already have one, a US EPA identification number may be required for your site.
  • 40 CFR 279.74(b) – If the used oil is to be shipped off-site, you must maintain records of its shipment.  Note this does not require the use of a Uniform Hazardous Waste Manifest or Shipping Paper.  Carefully check your state regulators as I know there are some who disagree with the US EPA on this point.

Speaking of off-site transportation, you must ensure compliance with both US EPA and US DOT regulations for this activity.  Per 40 CFR 279.24 if using a common-carrier for off-site shipment, you must ensure the transporter has a US EPA identification number.  A generator may self-transport – without a US EPA identification number – used oil it’s generated to either an approved oil collection center or to an aggregation point it owns if it transports no more than 55 gallons at a time and uses a company or employee owned vehicle.

40 CFR 279.24 also includes relaxed requirements for “Tolling Arrangements” where used oil is shipped off-site for reclamation and returned to the generator.  Again, check closely with your states on this one.

It is unlikely, though possible, that an Off-Specification Used Oil – let alone a Specification Used Oil – will meet the US DOT definition of a hazardous material found at 49 CFR 171.8.  However, circumstances may vary and it is important for you to carefully review your used oil and the Hazardous Material Regulations (HMR) to determine the applicable US DOT requirements for transportation.

Used oil may represent a potential fuel combustion source you can use to heat your facility throughout the winter months.  Or, you may continue to ship used oil off-site for final disposal.  Please use the above information as a one component in determining what option works best for your facility.  Please feel free to contact me if you wish to share your experience with the combustion of used oil for energy recovery at your company.

The Universal Waste Option for the Management of Hazardous Waste

Recently, Waste Management LampTracker, Inc. was fined $118,800 for violations at its Kaiser, MO facility where it collects and recycles universal waste lamps, mercury-containing equipment, and batteries (US EPA news release).  Its violations include:

  • Failure to maintain adequate aisle space in storage areas.
  • Failure to close and label hazardous waste containers.
  • Failure to conduct RCRA Training for its hazardous waste personnel.
  • Failure to close universal waste containers (emphasis mine).

It is the last of these that jumped out at me.  How is it that a company that specializes in the handling of universal waste could make such a fundamental oversight in its handling?  Perhaps you should take a close look at the way you handle universal waste at your facility to ensure fines such as these don’t happen to you.

The universal waste regulations, found at 40 CFR 273 and summarized well on this US EPA website, were created in 1995 to reduce the regulatory burden for commercial facilities that might otherwise be generators  of hazardous waste and to reduce landfill disposal and increase recycling of certain kinds of hazardous waste.  Since the wastes originally considered for this regulation are generated in a multitude of commercial activities, they were designated as universal waste.  Any industrial, municipal, or commercial facility may take advantage of the universal waste regulations if it generates the type of hazardous waste specified.  The four types of hazardous waste identified by the US EPA that may be handled as universal waste are:

  • Lamps or bulbs.
  • Batteries.
  • Mercury-containing equipment (formerly:  mercury thermostats only).
  • Pesticides.

I will only address the first three of the above in this article.  More information about recalled or cancelled pesticides can be found here:  What is a Universal Waste Pesticide?

In order to avoid the kinds of fines faced by WM LampTracker you must ensure your universal waste is handled properly.  First of all, the universal waste must be labeled; any of the following is acceptable:

  • “Universal Waste – Battery/Lamp/Mercury-Containing Equipment”
  • “Waste – Battery/Lamp/Mercury-Containing Equipment”
  • “Used – Battery/Lamp/Mercury-Containing Equipment”

If you don’t have a container to label, you can place a sign over a designated storage area or use your imagination to ensure a label is visible and legible.

Speaking of containers, the requirements for universal waste vary based on the type.  Only lamps are required to be in closed containers from the moment of generation.  Batteries and mercury-containing equipment need only be placed in containers if they show signs of leaking or damage.  In any case where a container is required, it must remain closed at all times unless adding or removing waste.

The biggest regulatory relief afforded by the universal waste regulations is the allowance of up to one year for on-site accumulation.  You may accumulate universal waste even longer if the sole purpose is to have enough to justify an off-site shipment.  In other words, hold on to that half-full 5-gallon bucket of batteries until it is full; no matter how long it takes.  Keep in mind that you must be able to justify your decision to retain the waste beyond one year.  In any case, you must be able to identify the date of accumulation through labels, signage, or an inventory system.

Refer to 40 CFR 273 for a full list of on-site waste management practices you are allowed and the regulatory requirements.  Keep in mind that any of the below may result in the generation of a solid waste and possibly a hazardous waste.

  • Sorting of batteries by type or combining in one container.
  • Discharging residual charge in batteries or regenerating them.
  • Disassembling batteries or battery packs.
  • Removing batteries from consumer products.
  • Removing electrolytes from batteries.
  • Remove mercury ampules from equipment.

Notice that there are no waste management methods mentioned for lamps in 40 CFR 273, so where does this leave bulb crushers?  It does say that a handler “must immediately clean up and place in a container any lamp that is broken…” without indicating if the breakage is accidental or a deliberate form of on-site management.  I advise that bulb crushers be considered carefully before use.  Many states require a permit, quarterly reports, and/or air monitoring to ensure limits on airborne mercury concentrations are not exceeded when bulb crushers are used.  The burden of compliance with these state regulations may outweigh any benefits to crushing your bulbs.  Also, the crushed bulbs may no longer be accepted as universal waste and may need to be handled as hazardous waste.  Some states, such as Indiana, forbid the crushing of lamps if you intend to manage them as universal waste (more).

Spills of universal waste should be immediately cleaned-up and placed in a container to minimize any further release.  Incidental breakage of a universal waste such as broken bulbs, leaking batteries, cracked thermometers, etc. does not preclude their handling as universal waste as long as they have been placed in a container to minimize any further release.

And finally, off-site shipments of universal waste must be transported by a Universal Waste Transporter and are prohibited from being transported to anything other than another Universal Waste Handler, a destination facility (defined at 40 CFR 273.9), or a foreign destination.

After this point, your regulatory requirements depends on how much universal waste you accumulate (not generate) on-site.  If you accumulate <5,000 kg of universal waste you are a Small Quantity Handler.  In addition to the above handling requirements, you must inform applicable personnel of proper handling and emergency procedures for your universal waste.  This may be in the form of classroom training, on-the job instruction, signs, labels, etc.  If you accumulate >5,000 kg of universal waste, you are a Large Quantity Handler and are required to obtain an EPA ID# unless you already have one, and to ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures.  This language is deliberately similar to that in 40 CFR 262.34(d)(5)(iii) for Small Quantity Generators of hazardous waste.  Other than the need for an EPA ID# and the level of employee awareness, there is little difference between a LQH and SQH of universal waste.

All of the above are Federal requirements.  You must carefully research your state requirements as well to ensure full compliance.  Many states have added to the list of materials managed as universal waste or have not fully adopted all of the original 1995 regulation or subsequent amendments.  A US EPA directory of state-specific requirements can be found here.

As always, proper training is important to achieve a full understanding of not only the universal waste regulations, but of all hazardous waste regulations under RCRA.  My one-day training events meet the US EPA requirements for RCRA Training and the US DOT requirements for HazMat Certification.  I can also conduct on-site training for all of your applicable employees in one day.

The USEPA Regulations for “Closed Containers” of Hazardous Waste

The USEPA Regulations for “Closed Containers” of Hazardous Waste

Generators of hazardous waste should be aware of the packaging requirements of the U.S. Department of Transportation (USDOT) when shipping their hazardous waste off-site for final treatment and disposal:  the packaging must be in good condition, approved by the USDOT for the use of hazardous materials, it must be labeled per DOT requirements, and it must be closed and sealed to prevent a release during transportation.

What aren’t as clear are the U.S. Environmental Protection Agency (USEPA) requirements for a “closed container” while the waste is accumulated on-site.  In order to answer this question – which has come up many times during my training events – I relied heavily on a USEPA memorandum: Guidance on 40 CFR 264.173(a) and 265.173(a):  Closed Containers. (more…)

An Extension to the Hazardous Waste On-Site Accumulation Limits for Large Quantity Generators of Hazardous Waste that Generate F006 Wastewater Treatement Sludge from Electroplating Operations

As a Large Quantity Generator (LQG) of hazardous waste, you are aware that hazardous waste may not accumulate at your site for longer than 90 days unless it is managed in a satellite accumulation area pursuant to 40 CFR 262.34(c)(1).  However, did you know that an extension of the on-site accumulation time limit from ≤90 days to≤180 days exists for a specific type of hazardous waste?   F006 electroplating wastewater treatment sludge destined for recycling may be accumulated on-site for up to 180 days without a permit or interim status pursuant to 40 CFR 262.34(g-I).  This extension is not granted to any other hazardous waste the facility may generate.  Nor is the extension allowed if the F006 waste is destined for any disposal option other than “legitimately recycled through metals recovery” per 40 CFR 262.34(g)(2).

The one great restriction on the use of this extension is the requirement that the F006 hazardous waste be “legitimately recycled through metals recovery”.  If the wastewater treatment sludge from your electroplating operations is destined for landfill or other treatment instead of metals recovery recycling, you will not be able to take advantage of this extension.  The limiting factors in recycling this type of waste are the value of the metals to be recovered and their concentration in the sludge.  Sludge with low-value metals such as zinc or tin will have a harder time finding recycling options than a sludge containing higher concentrations of copper, nickel, or chrome.  This is something every generator must determine for itself.

If you are able to take advantage of the extension, the requirements of the US EPA are relatively simple; they include:

  1. Implement pollution prevention practices to reduce the hazards of the F006 waste [40 CFR 262.34(g)(1)].
  2. Ensure the F006 waste is legitimately recycled through metals recovery [40 CFR 262.34(g)(2)].
  3. Accumulate no more than 20,000 kg of F006 waste on-site at any one time [40 CFR 262.34(g)(3)].
  4. Comply with the regulations applicable to LQG’s who manage hazardous waste in containers, tanks, or containment buildings [40 CFR 262.34(g)(4)(i-v)].

If the recycling facility to which you ship the F006 waste is at a distance of ≥200 miles, then you may accumulate the waste on-site for up to 270 days without a permit and without special permission from US EPA [40 CFR 262.34(h)].

Unless an extension to the 180/270 day time limit or an exception to the 20,000 kg on-site accumulation limit has been granted by the Regional Administrator of the US EPA, an exceedence of either of these limits subjects the facility to the US EPA regulations of a storage facility and the requirements of 40 CFR 264,265, and 267 and the permit requirements of 40 CFR 270.

Unless you generate an F006 listed hazardous waste from the on-site treatment of electroplating wastewaters, this extension in on-site accumulation times will not be of any benefit to you.  Further, if you generate this type of waste but do not have a recycling disposal option available, you will not be able to avail yourself of the increased on-site accumulation time limits.  However, if you meet the required criteria, it may be of great benefit to you to take advantage of this limited extension of the on-site accumulation limits.

A Hazardous Waste Treatment Storage and Disposal Facility (TSDF) Faces Stiff Fines From the US EPA

When facing an inspection and possible enforcement actions from the US EPA or their state regulatory agency a hazardous waste generator may wonder, “Why me?  Why don’t they go after one of those big companies like BP, DuPont, or Goodyear Tire?   Better yet, why not go after the companies that I pay so dearly to dispose of my hazardous waste?”  You needn’t think the EPA has it out for the little guy.  They frequently inspect the larger hazardous waste generators and those disposal companies (known as Transfer Storage and Disposal Facilities, or TSDF’s).

One example is the recent settlement reached between Clean Harbors of Braintree, Inc. in Braintree, MA and the US Environmental Protection Agency and the Massachusetts Department of Environmental Protection (MassDEP).  Announced on August 15th 2011, the settlement has its genesis in a site inspection conducted by both agencies in June of 2007.  In the settlement, Clean Harbors agreed to pay a $650,000 penalty, spend an additional $1,062,500 on a Supplemental Environmental Project (SEP), comply with an enhanced waste analysis plan, and install and maintain a vapor collection system for its hazardous waste storage tanks to control the emissions of Volatile Organic Compounds (VOC’s).

The SEP requires Clean Harbors to plant 1,400 trees in low-income areas of the City of Boston over a two-year period.  I don’t think I’m being overly cynical to believe that Clean Harbors will make no mention of the settlement and the SEP when it begins planting the trees.  They will likely promote it as a “Green Initiative” on their part because they so love the environment and the people of Boston.  But hey, I digress.  Back to the settlement.

The enhanced waste analysis plan agreed to by Clean Harbors goes above and beyond what is required by the regulations and its existing permit.  This along with the vapor collection system for VOC’s referenced above will reduce the facility’s environmental impact relative to its competitors.  Here as well, watch for Clean Harbors to spin these actions as a reflection of its commitment as a “Green Company”.  No mention of the fact that these actions were mandated by a settlement that only exists because of its violation of the regulations.

US EPA identified close to thirty violations during its June 2007 inspection of both the Resource Conservation and Recovery Act (RCRA, the source of hazardous waste management regulations) and the Emergency Planning and Community Right to Know Act (EPCRA).  Violations included:

  • Inadequate waste characterization.
  • Failure to properly maintain hazardous waste tanks.
  • Inadequate secondary containment.
  • Improper storage of incompatible wastes.

As noted earlier MassDEP took part in the initial inspection.  It also provided support to the US EPA during the settlement process.  Please note that the MassDEP issued a separate consent order which required Clean Harbors to replace all of its old storage tanks and implement other infrastructure upgrades at the facility.  I can only assume that the costs for these structural improvements are in addition to the $1.7 million spent on the fines and SEP imposed by the US EPA.

What lessons should a hazardous waste generator draw from an enforcement action of this type?

  1. All companies – big and small – involved in the generation or management of hazardous waste are subject to agency inspection and fines.
  2. The costs of non-compliance may advance well beyond monetary fines, and extend into SEP’s or other requirements (such as infrastructure improvements).
  3. State regulatory agencies (MassDEP in this case), may take the initiative on inspection and enforcement or work with the US EPA.

The first step in maintaining compliance is to know the state and federal regulations applicable to your facility.

Stiff Fines From the US EPA for Hazardous Waste Generators are Easily Avoidable

No matter how many times I read about it, I never fail to be surprised by two things:

  1. The severity of penalties faced by regulated facilities that violate US EPA hazardous waste (RCRA) regulations; and,
  2. How easily avoidable those violations are.

Examples:

For hazardous waste violations noted by the Arizona Department of Environmental Quality, Metco Metal Finishing, Inc. in South Phoenix, AZ must pay a $75,000 penalty, spend $50,000 for a yet to be determined supplemental environmental project, institute an environmental management system, and contract with a third party to conduct regular audits at its facility for the next three years.  Its 26 violations include disposal of hazardous waste without a permit, failing to properly mark containers, and failing to determine if some stored materials were hazardous waste.

US EPA fined TMW Corporation in Van Nuys, CA $100,000 for its RCRA violations which included:

  • Storage of hazardous waste for over 90 days without a permit.
  • Failure to conduct required inspections.
  • Failure to train personnel or maintain training records.
  • Failure to maintain required emergency communications equipment.
  • Failure to make a hazardous waste determination.

The Robert J. Dole Veterans Administration Medical Center in Wichita, KS was fined $17,979 by US EPA for hazardous waste violations on its campus.  The Veterans Administration must also spend an estimated $61,900 on a supplemental environmental project to erect a hazardous waste accumulation building on-site.  The violations of the federal Resource Conservation and Recovery Act (RCRA) and Kansas Administrative Regulations noted during the inspection included failures to make hazardous waste determinations, failures to inspect, label, date and close hazardous waste containers; failures to make arrangements with emergency responders, failures to label used oil containers, and disposal of hazardous waste through the biological waste system.  As part of the settlement, all facets of the facility’s hazardous waste management will be closely scrutinized by the US EPA.

All of the above violations are simple to avoid.  However, a facility cannot comply with a regulation that it is not aware of.  Awareness can begin with a training session that meets your regulatory requirements for training hazardous waste personnel and HazMat Employees and  explains in detail what you need to do to maintain compliance at your facility.  Your facility’s EHS Manager and your Shipping and Receiving Manager would benefit greatly from attending one of my nationwide public training events.  Or, even better, have me come to your site to provide on-site training to all of your applicable employees (Hazardous Waste Personnel and HazMat Employees) for one flat fee of $1,749.