RCRA

Maryland Air National Guard Settles Hazardous Waste Violations at Baltimore Facility

PHILADELPHIA (Oct. 18, 2012) — In a consent agreement with the U.S. Environmental Protection Agency, the Maryland Air National Guard (MDANG), 175th Wing, has agreed to pay a $75,000 penalty to settle alleged violations of hazardous waste regulations at its facility at 2701 Eastern Blvd., Baltimore, Md.

EPA cited MDANG for violating the Resource Conservation and Recovery Act (RCRA), the federal law governing the treatment, storage, and disposal of hazardous waste. RCRA is designed to protect public health and the environment, and avoid costly cleanups, by requiring the safe, environmentally sound storage and disposal of hazardous waste.

The consent agreement resolves alleged violations discovered in an April 2011 inspection of the facility. According to EPA, MDANG stored hazardous waste for more than 90 days without a RCRA hazardous waste permit or interim status, failed to provide annual hazardous waste training to some of its employees for a three-year period, and violated RCRA rules on labeling and recordkeeping. The wastes involved in these alleged violations include lubricants, paints, sealants, cleaning solutions and adhesive wastes. These wastes are hazardous because they exhibited the characteristics of being ignitable, corrosive or toxic due to chromium, methyl ethyl ketone or other compounds.

The settlement penalty reflects the MDANG’s compliance efforts, and its cooperation with EPA in the resolution of this matter. As part of the settlement, MDANG has neither admitted nor denied liability for the alleged violations, but has certified its compliance with applicable RCRA requirements.

Compliance with the RCRA regulations begins with training.  Contact me to learn just what training you need to ensure this doesn’t happen to you.

Alaskan Municipality Fined for Hazardous Waste Violations

Contact Information: Hanady Kader, EPA Public Affairs, 206-553-0454, kader.hanady@epa.gov Jack Boller, EPA RCRA Unit, 206-553-2953, boller.jack@epa.gov

(Seattle—Sept. 14, 2012) The Kenai Peninsula Borough has agreed to construct a building to store hazardous waste following violations of federal waste management rules at its maintenance facility in Soldotna, Alaska, according to a settlement with the U.S. Environmental Protection Agency.

“Proper hazardous waste management prevents costly, dangerous spills and keeps communities safe,” said Scott Downey, Manager of the Hazardous Waste Compliance Unit in EPA’s Seattle office. “We’re glad that the shop will soon have a building where it can manage hazardous waste more effectively.”

An EPA inspection in 2009 identified hazardous waste violations. The facility failed to determine if waste it was managing was hazardous waste, and failed to label containers of hazardous waste and used oil waste. The substances included paint thinners, kerosene and a mix of solvent and anti-freeze. The improperly labeled containers ranged in size from two-gallon containers to a 300-gallon tank.

The borough offered to construct the building to store hazardous waste as a way to mitigate the penalty EPA sought to address the violations of the Resource Conservation and Recovery Act. Under the settlement, the borough will construct and operate the building and pay a penalty of nearly $12,800.

Good training, my training, serves several purposes.  It will fulfill the training requirements of the US EPA for large quantity generators of hazardous waste and it will inform you of the applicable regulations and what you must do to maintain compliance.  Good training, my training, will reduce or eliminate the potential for this type of violations and fines.  Contact me to determine the kind of training that is right for you.

Managing Aerosol Cans Under the RCRA Scrap Metal Exemption

If your operations generate empty – or nearly empty – aerosol cans as a waste you must be aware of your requirements as a generator of hazardous waste under the Resource Conservation and Recovery Act (RCRA).  First of all, you must be aware that unless the aerosol cans meet the definition of RCRA Empty found at 40 CFR 261.7 it is subject to the requirement to perform a hazardous waste determination per 40 CFR 262.11.  This determination may very well reveal that your aerosol cans are a characteristic hazardous waste for Ignitability or Reactivity, or perhaps a listed hazardous waste.  Don’t panic however, RCRA includes an exemption from full regulation that can include your aerosol cans, if managed properly.

Open-top roll-off container holding scrap metal for recyclingThe key is the Scrap Metal Exemption found at 40 CFR 261.6(a)(3)(ii).   The exemption exists because EPA believes that some wastes – even hazardous wastes – pose a lower risk to the environment when recycled.  The exemption allows for certain recycled hazardous materials (known as “recyclable materials”) to be released from full regulation as a hazardous waste under Subtitle C of RCRA.

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Scrap metal is a solid waste when disposed of or recycled.  However, if recycled (i.e., reclaimed to recover a usable product), the Scrap Metal Exemption can be used to exempt it from regulation as a hazardous waste.  What, therefore, is a scrap metal?  Defined at 40 CFR 261.1(c)(6) as, “bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.”  Some key points of the definition:

  • “Bits and pieces of metal parts” or metal pieces combined to make manufactured articles.  It does not include dusts, fines, or sludges.
  • Must be “worn or superfluous”, i.e., no longer fit for use.
  • “Can be recycled”.  It must be acceptable to a recycler.

aerosol cansMany items may fit into this definition, one of them is a steel aerosol can; with or without the residue of a liquid or a compressed gas.  If applicable, the scrap metal exemption allows you to accumulate, store, empty, puncture, and drain your steel aerosol cans as part of the recycling process exempt from RCRA regulation.  EPA does not regulate this exempt recycling process, but it does recommend you…

  • Empty the aerosols in a safe manner and in a way that protects the environment.  This means don’t brace the can and whack it with a hammer and nail (I’ve seen it done) or throw it into a bonfire for kicks (don’t get any ideas).
  • Capture the compressed gases and any liquid residue.  The liquid residue will likely be a hazardous waste for Ignitability and possibly for a listed hazardous waste.  If a filter is used to capture the released compressed gases, that will be subject to a hazardous waste determination as well.

A good way to meet the EPA recommendations is to purchase an aerosol can puncture device and install it on a DOT-Approved container.  Follow the manufacturer’s instructions for use of the device, and manage the container as a satellite accumulation area for hazardous waste.

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/

The above is based on the US EPA Federal regulations.  Your state, county, or municipality may have regulations addressing the handling and disposal of aerosol cans.  Also, your scrap metal recycler should be informed of your actions.

UPDATE: EPA proposed in 2018 to allow non-empty aerosol cans to be managed as a universal waste.  Unless the current interruption in federal government operations continues (written 01.21.19), this should become law in 2019.  This will clarify and ease the management of non-empty aerosol cans.

Not only does my RCRA Training meet the regulatory requirements for large quantity generators of hazardous waste, it also contains information that you can apply in your day-to-day operations to maintain compliance.  But RCRA Training is only part of what I do.  I also provide HazMat Employee Training required by the US DOT.  Contact me for a free consultation on your training needs.

RCRA Training is the Solution for South Carolina Company Facing EPA Fines for Hazardous Waste Violations

Sumter Coatings, Inc. (SCI) in Sumter, SC must pay a $55,000 civil penalty as part of a settlement with the US Environmental Protection Agency for violations of the Resource Conservation and Recovery Act (RCRA) regulations discovered at its facility during a joint US EPA & SC Department of Health and Environment inspection (press release).  Alleged violations of the hazardous waste regulations include:

  • Improper management of hazardous waste containers on site;
  • Failure to provide a sufficient base beneath containers which held hazardous waste;
  • Failure to make a hazardous waste determination;
  • Failure to inspect all areas where hazardous waste containers are stored weekly;
  • Failure to develop personnel training program to ensure compliance with hazardous waste regulations;
  • Failure to update information contained in the contingency plan, along with failing to make arrangements with local police and hospital authorities regarding the contingency plan and submitting copies of the contingency plan to first responders.
Along with the civil penalty noted above, the EPA also required the company to develop a personnel training program, develop a schedule for implementation of the training program, and identify facility employees that require training.

It is sadly ironic that yet another company is developing a training program under the shadow of an enforcement action when proactive implementation of RCRA training could have precluded the violations from occurring in the first place.  Hazardous waste training is required for all personnel of a large quantity generator who handle, manage, generate, work around, treat, recycle, etc. hazardous waste and is highly recommended for similar employees of small quantity generators.  In addition to being a regulatory requirement, it is also a good way for you and your personnel to maintain compliance with the full array of hazardous waste regulations applicable to your operations.

I can provide RCRA Training and DOT HazMat Employee training in a variety of formats and locations; either at my open enrollment events held nationwide and year round, or right at your facility with on-site training tailored to your site-specific needs.  Please review my training schedule to find a date and location convenient to you, or contact me for a free training consultation.

EPA Mapping Tool Improves Public Access to Enforcement Actions Under RCRA, CWA, CAA, & Others

Last year EPA announced the launch of a new mapping feature within its Enforcement and Compliance History Online (ECHO) database.  Updated monthly, it includes information on enforcement actions – undertaken by EPA at the Federal level or by authorized State environmental agencies – against businesses like yours.  This new feature is part of the EPA’s ongoing effort to improve transparency and include more parties in maintaining regulatory compliance and protecting the environment.

The result of this “transparency” is that businesses such as yours must prepare to address – and be addressed by – a general public and other interested parties who now have ready access to critical information about your facility’s compliance status.  All enforcement actions undertaken by State and Federal agencies are included.  The data may be searched by year, media (air, water, waste, or multiple), by State, or other criteria.  The mapping tool also allows users to focus on specific facilities and view:

  • Facility name.
  • Applicable environmental statute with potential violation.
  • Link to detailed information about the facility’s compliance status on the ECHO database.

What does this mean for you?  Now more than ever, enforcement actions against your company are “Public Knowledge”.  Once an applicable action is taken by a State or Federal agency, there is no way to prevent it quickly becoming available to neighbors, concerned citizens, media, environmental groups, and your competitors.  The best way to prevent this kind of stain on your company image is to preclude the necessity for an enforcement action in the first place.

Maintain compliance with all State and Federal regulations.  Begin by ensuring any employees who generate, manage, or handle hazardous waste receive annual RCRA (aka: Hazardous Waste Personnel) Training.  It is also likely that you have employees that require the DOT’s HazMat Employee training.  I can provide both of those trainings at a reasonable price and at a location convenient for you.  Review my open enrollment training schedule, and my prices, or contact me about on-site training.

RCRA State Authorization

The Resource Conservation and Recovery Act (RCRA), signed into law in 1976, tasked the US Environmental Protection Agency (EPA) to draft and enforce the regulations that form the Federal program based on the Act.  RCRA authorized EPA to delegate the primary responsibility of implementing the hazardous waste program to States and Territories with approved programs.  To achieve approved program status (aka:  RCRA Authorization), a States’ program must be substantially equivalent to, consistent with, and no less stringent than the Federal program.

State Authorization for Hazardous Waste Regulations

A state may have its own RCRA Regulations

What this means is that a State with a business-friendly agenda can’t take the EPA regulations and water them down as a gift to hazardous waste generators within their borders.  A more common occurrence is a State will go beyond the Federal program to be more strict and more broad in its regulation of hazardous waste.  Examples of this include:

  • Annual hazardous waste reports instead of biennial.
  • State-specific forms required for the Notification of Regulated Waste Activity.
  • State-specific listed and characteristic hazardous waste.
  • Containment requirements for hazardous waste Central Accumulation Areas at un-permitted hazardous waste generators – EPA requires containment for permitted facilities only.
  • Time limits for accumulation of hazardous waste in Satellite Accumulation Areas.
  • More…

So, does your State have RCRA Authorization?  Unless your located in Iowa or Alaska, the answer is yes.  These two States lack authorization for a State RCRA program and defer to their EPA Regional authority (Region 7 & 10, respectively) for enforcement of the Federal regulations within their state.  In the remaining 48 states the primary RCRA enforcement authority is that State’s environmental compliance agency (they go by many names).

So that’s the 50 states, but what about the District of Columbia, tribal lands, and the Territories?  The status of those entities are as follows:

Authorized RCRA Program Lacks RCRA Authorization
District of Columbia Puerto Rico
Guam The Virgin Islands
American Samoa
Commonwealth of the Northern Mariana Islands
Tribal Lands (unless the State specifically receives authorization for them within its borders)

Note:  sometimes American Samoa and the Commonwealth of the Northern Mariana Islands are referred to as one entity, the Trust Territories.

FAQs:

Q:  My business is in a state with RCRA authorization, does that mean I don’t have to obey EPA regulations?

A:  No.  What it does mean is that the regulations of your state are your first source for determining compliance with RCRA.  Often a state will incorporate EPA regulations into its own unchanged or simply refer you to the Federal regulations to determine compliance.

Q:  My business is in a state with RCRA Authorization, does this mean I will never be inspected by the Feds?

A:  No.  Despite allowing a state with an authorized RCRA program to take the lead in enforcing its own regulations, the EPA maintains its right to conduct inspections in any state.  If inspected by the EPA, compliance with your state regulations will still be required.

Q:  The Federal hazardous waste regulations recently changed and I’m unsure of the status of the regulations of my state, what do I do?

A:  You must first determine if your state has an authorized hazardous waste program.  If it does, than it is likely, though not certain, that the regulations will not be immediately effective in your state.  Instead your state must decide if it will adopt the new Federal regulations, reject them, or come up with its own version that is at least as strict and as broad as the Federal rule.  If your state lacks RCRA authorization, then the rule will be effective in your state as soon as it is effective in the Federal regulations.

Q:  My state has RCRA authorization and so do the neighboring states, must I comply with the other state’s regulations in addition to my own?

A:  You do if you have business in that state.  For example, you might generate a waste that is determined to be non-hazardous by the regulations of your state, but it is possible that another state – based on its own regulations – may determine the waste to be hazardous.  If you intend to ship your non-hazardous waste out-of-state for disposal you will have to consider the regulations of that state as well as your own.

If you haven’t already, take the time to learn more about your State environmental agency and your state-specific regulations; three good sources are:

  1. EPA RCRA Authorization homepage
  2. EPA Summary of State Programs
  3. RCRA/Hazardous Waste Resource Locator provided by ENVCAP
All states require annual training of Facility Personnel of an LQG

Be sure your RCRA Training addresses the regulations of your state.

My Onsite Training is the way to go it you want training focused on the regulations of your state and how they apply to your operations.  Site specific training is also available through a Webinar.

Daniels Training Services

815.821.1550/Info@DanielsTraining.com/https://www.danielstraining.com/

Please contact me for a free consultation to determine which regulations apply to your operations and what training is right for you.

Significant Hazardous Waste Penalties and Fines for Another Company

“PHILADELPHIA (March 8, 2012) — Ellwood Quality Steels Company has agreed to pay a $150,000 penalty to settle alleged violations of hazardous waste regulations at its manufacturing facility in New Castle, Pa., the U.S. Environmental Protection Agency announced today.”  Based on the information contained in the full US EPA news release, let’s determine the cost for Ellwood Quality Steels Company to comply with the regulations and avoid this fine.

 

  1. 1.       “…a variety of hazardous waste including electric and ladle arc furnace dust, which was contained in two tractor trailers without being marked as hazardous waste;” – Since no mention is made to the contrary, I’ll assume the two tractor trailers meet the US EPA definition of a container found at 40 CFR 260.10:  Container means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.  A roll of 500 labels bearing the words “Hazardous Waste” = $65.  Add the date of accumulation, ie. the date hazardous waste first was placed in the container, and your back in compliance.
  2. 2.       “…improperly disposing of mercury-containing universal waste lamps in its arc furnace without a hazardous waste permit.” – Cost for disposing of 500 x 4’ fluorescent lamps with Lamptracker = $450.
  3. 3.       “… stored hazardous waste for more than 90 days without a storage permit;” – This one’s a wash since it doesn’t cost anything extra to ship hazardous waste off-site prior to 90 days.  There are some instances when a Large Quantity Generator of hazardous waste may legally exceed the 90 day on-site accumulation limit without a permit, read more about it here.  Compliance with the regulations, in this case however, is free.
  4. 4.       “failed to keep hazardous waste containers closed;”  – Hazardous waste containers must be kept closed except when adding or removing waste, read more here.  New Pig Latching Drum Lid = $275.
  5. 5.       “failed to minimize the possibility of releases of hazardous wastes;” – I’m unsure what is meant by this, but since Pennsylvania is one of the few States that requires a containment system for the storage area of a hazardous waste generator [the others are: AL, CA, CT, MA, MN, SC (if LQG), WA, & MO (if >1,000 kg)], I’ll assume they didn’t provide proper containment.  I’m no contractor, so let’s assume the total cost to construct a storage area with containment = $25,000.
  6. 6.       “failed to conduct weekly inspections;” – Large and Small Quantity Generators of hazardous waste must weekly inspect their hazardous waste accumulation and storage areas, read more here.  The inspections can be completed by any employee trained sufficiently to perform their duties in compliance with the regulations.  Cost in lost time spent performing the inspection = $50/week = $2,600/year.
  7. 7.       “failed to provide hazardous waste training;” – I provide on-site training that meets the requirements of the US EPA for Hazardous Waste Personnel and the US DOT for HazMat Employees for $1,749.
  8. 8.       “failed to prepare and maintain hazardous training records;” – I provide these records as part of my on-site training; cost = $0.
  9. 9.       “failed to properly fill out hazardous waste manifests;” – I address the proper completion of the Uniform Hazardous Waste Manifest at my on-site training and at my open-enrollment training at no additional cost.
  10. 10.   “and failed to comply with universal waste labeling/marking requirements.” – Though provided relief from full regulation under RCRA, universal waste still has specific labeling and marking requirements.  Learn how to comply with the regulations at one of my training events.  Purchase 100 universal waste labels from Labelmaster for $44.

Total cost to comply with regulations = $27,583 + $2,600/year for inspections.  Consider that the cost of the fines doesn’t begin to cover the total costs to the company in lost time, headaches, lawyer and consultant fees, etc.  No matter what math you use, it’s always less expensive to comply with the regulations than it is to pay the fines.

Please contact me for a free consultation; I can help you decide if you’d be better attending one of my open enrollment training events or having me conduct on-site training at your facility.

Notification of Regulated Waste Activity Form for Hazardous Waste Generators

The US EPA requires you to submit a Notification of Regulated Waste Activity (8700-12) Form for certain activities involving wastes subject to the regulations of the Resource Conservation and Recovery Act (RCRA).  A Notification is required if you handle a regulated waste or hazardous secondary material and may be required under the following circumstances:

  • You are a Large Quantity Generator (LQG) or Small Quantity Generator (SQG) of hazardous waste.  A Conditionally Exempt Small Quantity Generator of hazardous waste (CESQG) is not required to notify.
  • You are a Large Quantity Handler of universal waste (accumulate >5,000 Kg of universal waste).
  • You recycle hazardous waste.
  • You transport, process, or re-refine used oil; burn off-spec used oil for energy recovery; or market used oil.  The generation, storage, and off-site transportation of used oil is not subject to notification.
  • You are an eligible academic entity opting into 40 CFR 262, Subpart K.
  • You are managing a hazardous secondary material.

Upon receipt of an initial notification form, your site will be issued a unique EPA ID number by the US EPA.  This number is specific to the geographic location of your site and does not change if you sell the property or expire if you go out of business.

If you already have an EPA ID number, you must submit a subsequent notification for changes in any of the following:

The Notification of Regulated Waste Activity Form is the method the US EPA or your state environmental agency (see below) relies on to track your regulated waste activities.  It is your responsibility to ensure the information they have is up-to-date, accurate, and complete. The US EPA recently updated its Notification of Regulated Waste Activity Instructions and Form Booklet in December 2011 and it contains very helpful information.

Many states with authorized hazardous waste programs have their own procedures and requirements for submittal of the initial and subsequent notification forms.  State-specific regulations may include:

  • A state-specific notification form in lieu of the federal form.
  • Time lines for submittal of the initial and subsequent notifications.
  • If using the US EPA form, a state mailing address for submittal.
  • Fees to accompany the notification.

It is very important that you check with your state to ensure your submittal meets their requirements.  

My training services cover the hazardous waste regulations of the US EPA and the HazMat Employee regulations of the US DOT.  I provide open enrollment training events nationwide and year round (my schedule) and on-site training to meet your exact needs.  Please contact me to arrange for the exact training services you require.

When Does the Date of Accumulation Begin for Waste Submitted for Analysis?

It’s not too hard to imagine a situation where a container of an unknown material for disposal is brought to your attention during a facility clean-out.  In this situation, disposal as a waste is certain, what isn’t certain are the presence, and type, of hazards in the unknown waste.  If a sample is collected and submitted for analysis, how must you manage the unknown waste while you await results?

The answer is simple and answered directly in this US EPA interpretation (RO11424):  any unknown waste must be managed as a hazardous waste until such time as generator knowledge or analysis proves it is not a hazardous waste.

The moment a decision is made to discard a material, it becomes a waste.  This is its “Point of Generation (POG).  At the POG you are required per 40 CFR 262.11 to determine if the waste is exempt from regulation (40 CFR 261.4 or other), is a de-regulated hazardous waste (Used Oil, Universal Waste), or is a listed or characteristic hazardous waste.  Any delay in conducting the hazardous waste determination – say, waiting for lab results – does not exempt the waste from regulation.  The requirements for hazardous waste generators (labeling, on-site accumulation time limit, inspections, training, etc.) apply at the POG or when the waste is removed from a Satellite Accumulation Area (SAA)

Suggested handling for unknown waste during a hazardous waste determination:

  1. Store in your Central Accumulation Area (CAA) or SAA.
  2. Label:  “Hazardous Waste – Pending Analysis”  <<DATE OF ACCUMULATION>>.
  3. Manage the same as all other non-exempt (ie. CESQG) hazardous waste.
  4. Request the lab to “Rush” results.  Note, your lab may charge an additional fee for rush service.
  5. Immediately upon receipt of results, compare them to hazardous waste characteristics (40 CFR 261, Subpart C).  Determination of listed hazardous waste (40 CFR 261, Subpart D) does not require analysis as it relies upon your knowledge of the source of the waste.
  6. If waste is hazardous, remove “Pending Analysis” from the label and continue on-site management as hazardous waste.  Arrange for off-site disposal.
  7. If waste is non-hazardous, remove hazardous identification and manage as non-hazardous waste.

Read this blog post for more information about exceptions to the US EPA and US DOT regulations for the storage and transportation of waste determination samples.

Being a generator of hazardous waste is not easy.  Frequently what seems like common-sense (waiting for a lab report before handling a waste as hazardous) is actually a serious violation of the RCRA regulations.  Attendance at one of my open enrollment training events is a good way to ensure you are prepared for situations like these when the arise.

Cradle to Grave Under RCRA and CERCLA

RCRA – the Resource Conservation and Recovery Act – was passed in 1976 to amend the Solid Waste Disposal Act of 1965 and to address a growing national concern over the improper management and disposal of both hazardous and non-hazardous waste.  Subtitle C of RCRA established a system to manage by regulation a hazardous waste from its moment of generation through transportation to its treatment, storage, and finally, disposal.  The name for this comprehensive management system is:  Cradle to Grave.

  • Point of Generation = “Cradle”
  • Transportation to Treatment, Storage, or Disposal = “to”
  • Treatment, Storage, and Final Disposal = “Grave”

While RCRA regulates the generation, transportation, and disposal of hazardous waste, it also has the authority to clean up hazardous waste from active facilities.  RCRA does not, however, have the authority to address the problem of hazardous waste at inactive or abandoned sites or those resulting from emergency response to spills.  Enter CERCLA.

CERCLA – the Comprehensive Environmental Response, Compensation and Liability Act of 1980 – aka:  Superfund, was created to address the problem of hazardous waste and hazardous substances at inactive or abandoned sites or those resulting from emergency response to spills.  It was amended by the Superfund Amendments and Reauthorization Act (SARA) of 1986.  Upon a site becoming subject to its regulations (ie. a Superfund Site), CERCLA imposes liability on parties responsible for, in whole or in part, the presence of hazardous substances at a site.  In other words, if you had anything to do with a hazardous substance ending up at a Superfund Site, either by transporting it their yourself or by contracting with others to do it for you, you have the potential to be identified as a Potentially Responsible Party (PRP) and be held responsible for the entire cost of cleaning up the site.  CERCLA’s authority in these matters is broad and has been upheld by the courts.

A generator of hazardous waste must know about CERCLA/SARA as well as RCRA because CERCLA has the authority to force a generator to clean-up a polluted site or scene of an emergency response spill if that generator ever sent any of its hazardous waste to that site.  But it goes further.  CERCLA regulates hazardous substances, not just hazardous waste.  The definition of a hazardous substance includes a hazardous waste, but it also includes 800 other hazardous substances listed in 40 CFR 302.4.  Many non-hazardous wastes, recycled materials, and de-regulated hazardous wastes (Universal Waste, Used Oil, etc.) contain hazardous substances, which includes:

  • Copper and Copper Compounds
  • Lead and Lead Compounds
  • Mercury and Mercury Compounds
  • Zinc and Zinc Compounds
  • And many more

So, every time you arrange for disposal of a hazardous waste by recycling, treatment, or disposal, you are opening up the potential for clean-up of a site under CERCLA or RCRA.  Every time you dispose of a non-hazardous or de-regulated hazardous waste – even scrap metal for recycling – you are opening up the potential for clean-up of a site under CERCLA if it contains a hazardous substance.  This responsibility exists even if your waste has been re-manifested by a third party prior to its disposal.  You can read more about the Superfund Program here.

What can you do?

  1. Accept that some risk is the cost of doing business.
  2. Do everything you can to eliminate the generation of waste.
  3. Ensure you are familiar with the regulations that apply to your operations and adhere to them.
  4. Perform “due diligence” of any facility to which you ship your waste for disposal, treatment, or recycling to ensure they are in compliance with the regulations and that they have measures in place to protect you from future liability such as a large cash reserve or sufficient insurance coverage.

At my training events I address all of the above while meeting the RCRA training requirements for Large and Small Quantity Generators of hazardous waste.  Contact me to discuss your training needs or review my training schedule to find a date and location near you.