RCRA

D002 Corrosive Hazardous Waste Determination

The characteristic of corrosivity is one step of the hazardous waste determination process that you must complete for every waste stream that you generate.

Your waste is a corrosive hazardous waste, with waste code D002, if a representative sample has either of two properties:

  1. It is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5, or
  2. It is a liquid and corrodes steel of a specified grade at a specified rate.

For the first property determination aqueous means, “Of or containing water, typically as a solvent or medium”.  The regulation doesn’t specify how much water must be present in the sample, however the only approved test method (Method 9040C) requires the sample to contain at least 20% water.   If your waste does not meet this requirement, then you cannot use this method for determination of corrosivity and must proceed to the second property determination.

The second property determination is one much less known by the regulated industry.  It must be used to determine corrosivity in two circumstances:

  1. The waste contains <20% water and therefore is not suitable for the first determination.
  2. The waste passes the first determination with a pH of >2 or < 12.5.

40 CFR 261.22(a)(2) specifies Method 1110A for determining if a liquid sample is able to corrode  steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55 °C (130 °F).  The key word here is:  liquid.  If you don’t have a liquid waste, then you may not use this test method to determine corrosivity.

If it is not clear from the above, the US EPA does not recognize a solid material as having the characteristic of corrosivity; a D002 waste code may not be applied to a solid.  This may differ for your state however as some have included solids in the characteristic of corrosivity or have revised the test methods to encompass solids.

The US EPA description of the characteristic of corrosivity  is explained at 40 CFR 261.22.  A careful reading of this regulation is necessary to ensure your hazardous waste determination is accurate and complete.  Good training will help illuminate other areas of the regulations and how they impact your operations.

Inherently Waste-Like

40 CFR 261.2 defines a solid waste as any discarded material not excluded by regulation, variance, or non-waste determination.  A discarded material is any material which is:

  1. Abandoned,
  2. Recycled,
  3. Considered inherently waste-like as described in paragraph (d), or
  4. A military munition

What the US EPA defines as inherently waste-like is explained in detail at 40 CFR 261.2(d), the list is short and industry specific; it includes:

  1. Listed hazardous wastes which are Dioxins:  F020, F021 (unless used as an ingredient to make a product at the site of generation), F022, F023, F026, & F028.  The table of F-listed hazardous waste can be found at 40 CFR 261.31
  2.  Secondary materials fed to a halogen acid furnace that are a listed or characteristic hazardous waste, except for brominated material that meet criteria listed in 40 CFR 261.2(d)(2)(i-iii).  I won’t list those here, you can read the full regulations if you think this applies to you.

Paragraph (d) reads in part, “ The following materials are solid wastes when they are recycled in any manner”.  What if you have no intention of recycling the waste?  Is it still considered to be inherently waste-like?  The answer is yes.  If your waste meets the definition of inherently waste-like, it is considered by regulation to be a discarded material and therefore a solid waste unless it is excluded at 40 CFR 261.4(a).

A quick review of paragraph (d) should be enough to tell you if your waste is inherently waste-like.  The list is subject to change since the US EPA maintains its right to add wastes to the list if it deems it necessary.

The determination of inherently waste-like is just one step of a complete hazardous waste determination that you must make for all waste.  Proper training can help you to identify the steps you must take to maintain compliance.

 

Extensions to the 90/180 Day On-Site Accumulation Time Limits for Hazardous Waste Generators

If you are a generator of hazardous waste, one regulatory requirement you are no doubt familiar with are the limits on the number of days you may accumulate hazardous waste on-site without a permit.  These limits are:

  1. Large Quantity Generator (LQG) – no more than 90 days.
  2. Small Quantity Generator (SQG) – no more than 180 days.
  3. Conditionally Exempt Small Quantity Generator (CESQG); aka: Very Small Quantity Generator (VSQG) in some states, no time limit.

Take this brief survey to determine your hazardous waste generator status if you are unsure.  There are exceptions to every rule, however, as there are exceptions to the 0n-site accumulation time limits for LQGs and SQGs.

Extensions available to LQGs found throughout 40 CFR 262.34:

  1. 262.34(b) allows an LQG to accumulate hazardous waste on-site beyond 90 days if they have been granted an extension by the USEPA for “unforeseen, temporary, and uncontrollable circumstances”.  The extension may be for up to 30 days and is granted at the discretion of the Agency on a case-by-case basis.
  2. 262.34(g) allows an LQG who also generates an F006 listed hazardous waste (wastewater treatment sludges from electroplating operations) to accumulate the F006 listed hazardous waste only on-site for up to 180 days.  No notification to the US EPA is necessary, however, the generator must comply with the requirements of 262.34(g)(1-4) to take advantage of this exception (read about the F006 waste extension).
  3. 262.34(h) allows LQGs who take advantage of 262.34(g) to extend their on-site accumulation beyond 180 days to 270 days if its Treatment Storage and Disposal Facility (TSDF) is at least 200 miles away or greater from its facility.  The generator doesn’t need to gain the permission of the USEPA in order to take advantage of this extension, though be prepared to explain why you chose a TSDF 200 miles away instead of one closer.
  4. 262.34(i), similar to 262.34(b), allows for a 30 day extension of the 180 or the 270 day limit for F006 waste if the generator is granted an extension from the USEPA due to, “unforeseen, temporary, and uncontrollable circumstances”.  As before, this extension is granted at the discretion of the Agency on a case-by-case basis.

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Extensions available to SQG’s also found in 40 CFR 262.34:

  1. 262.34(e) allows an SQG to accumulate hazardous waste on-site for up to 270 days if its TSDF is at least 200 miles away or greater from its facility.  The generator doesn’t need to gain the permission of the US EPA in order to take advantage of this extension.  Be prepared to justify your selection of a TSDF that is 200 miles away or more.
  2. 262.34(f) allows an SQG to accumulate hazardous waste on-site beyond 180 or 270 days if they have been granted an extension by the USEPA for “unforeseen, temporary, and uncontrollable circumstances”.  The extension may be for up to 30 days and is granted at the discretion of the Agency on a case-by-case basis.

262.34(j-l) lists extensions available to Performance Track Members, but don’t waste time on these, the National Environmental Performance Track is kaput.

If your shipment of hazardous waste is rejected by the designated facility for some reason, 262.34(m) allows both LQGs and SQGs in this situation to manage their waste subject to the routine 90/180 day time limits, request an extension from the Agency for an additional 30 days, or – for SQGs only – keep the waste for up to 270 days if the TSDF is 200 miles away or greater.

There is one more extension to the 90/180 time limit allowed by regulation and that is for hazardous waste in Satellite Accumulation Areas pursuant to 40 CFR 262.34(c).  This exception allows unlimited time for on-site accumulation of hazardous waste (some states differ) without permit  or permission from the USEPA, it does however, come with some rather vague requirements that I will address in a later article.

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

Daniels Training Services

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https://www.danielstraining.com/

The regulations can seem strict and unyielding, but built into them are exceptions that may make your life as a hazardous waste generator easier if you know where they are and how to use them.  Proper training can point you in the right direction.

US EPA Compliance and Enforcement Annual Report for 2011

You are no doubt aware that the US Environmental Protection Agency is serious about enforcing its regulations in order to live up to its mandate to protect the environment.  The Office of Enforcement and Compliance Assurance (OECA) within the US EPA is tasked with carrying out this enforcement through a variety of measures.  From its website, the OECA…  “aggressively goes after pollution problems that make a difference in communities through vigorous civil and criminal enforcement that targets the most serious water, air and chemical hazards. OECA also advances environmental justice by protecting vulnerable communities.”

How do they do this?  Again, from its website:  “Through improved transparency and community participation, we are enlisting the public’s assistance to ensure compliance nationwide, and that no entity enjoys an unfair economic advantage from noncompliance with the nation’s environmental laws.” It’s the reference to “…improved transparency and community participation…” that should be of concern to the regulated community.  I am in favor of transparency.  I think our businesses, government, and communities function better when we have equal access to public information.  As a business, however, you should be aware that to a greater degree than ever before, information about your company – especially the results of inspections, investigations, and enforcement actions – are made available to the public.

One example of this is the US EPA Compliance and Enforcement Annual Results for 2011 Fiscal Year.  This website contains a wealth of information about US EPA’s enforcement and compliance activities for the year just past.  It includes a lot of bare statistics of interest that you may wish to peruse, but of more interest to the regulated community is the Enforcement Cases Map.  Once opened, you may select or unselect the type of enforcement activities you are interested in, in my case “Waste”.  The map will then reveal the location of all US EPA investigations that resulted in enforcement for violations of the Resource Conservation and Recovery Act (RCRA).  Click on a location and you may read information about the site.  Select “More Information” and you are taken to the US EPA’s website:  Enforcement and Compliance History Online (ECHO).  Here you find a “Detailed Facility Report” which contains a snapshot of the facility’s compliance history with the US EPA, not just waste, but air, water, emergency reporting, and more.

It has been – and will continue to be – a priority of the Obama administration to make public information easily available to the public.  As a business, you need to be aware of this reality and be prepared to take the following steps:

  1. Review any information about your company that is made public to ensure it is accurate.  Make corrections if it is not.
  2. Communicate proactively with your neighbors, community, state, region, etc. to inform them of what you are doing to maintain your business within the limits of the regulations.  Also inform them of any efforts beyond the regulations to reduce, reuse, and recycle.
  3. Avoid violations in the first place by ensuring compliance with the regulations.

For this last point, I suggest you attend one of my EPA & PHMSA/DOT open enrollment training events.  There, in one day, you will get a good understanding of the US EPA regulations for the management of hazardous waste and the PHMSA/DOT regulations for the transportation of hazardous materials.

If you have many employees to train, contact me for on-site training where for one flat fee of $1,749 for one day I can train as many as you need.

Hazardous Waste Determination: D001 Ignitable

A person that generates any waste is required to determine if that waste is a hazardous waste pursuant to the method identified in 40 CFR 262.11.  The US EPA has identified two different categories of hazardous waste:  listed and characteristic.  To be listed a hazardous waste must meet the defined use or status documented at 40 CFR 261, Subpart D.  As there are no approved test methods for the determination of a listed waste; generators must rely on their knowledge of the wastes origins.  Listed wastes include the following:

  • F-listed waste from non-specific manufacturing process sources –waste codes F001 to F039.
  • K-listed waste from specific manufacturing process sources – waste codes K001 to K181.
  • P & U-listed waste from discarded commercial chemical products, off-specification species, container residues, and spill clean-up materials – waste codes P001 to P205 and U001 to U411.

The other category of hazardous waste:  characteristic, must exhibit specific characteristic as defined at 40 CFR 261, Subpart C.  To determine the presence of hazardous waste characteristics, a hazardous waste generator may rely solely on their knowledge of the waste and the process of generation, but the better method is lab analysis by a US EPA-approved test method of a representative sample.  Characteristic hazardous waste includes the following:

hazardous waste containersIgnitable hazardous waste as defined at 40 CFR 261.21 may have one of four properties:

  • A liquid with a flash point of <140˚F.
  • A solid that can cause a fire and sustain combustion.
  • An ignitable compressed gas.
  • An oxidizer.

The above four bullet points only skim the surface of the properties that would cause a waste to be identified as an ignitable hazardous waste.  The purpose of this article is to dig deeper into these properties to gain a better understanding of ignitable hazardous waste and perhaps cause you to rethink how you are currently applying the D001 waste code to your hazardous waste.  We’ll look at each of the properties one at a time; I suggest you print a copy of the regulations – it’s only two pages – and follow along.

A liquid with a flash point of <140˚F:

How 40 CFR 261.21(a)(1) reads:  “It is a liquid, other than an aqueous solution containing less than 24 percent alcohol by volume and has a flash point less than 60˚C (140˚F)…”  It goes on to reference the two approved test methods for determining flash point of the liquid which must be used.

A bottle of wine

Don’t worry, it’s not a D001 Ignitable hazardous waste!

The first point of interest is the exception for aqueous solutions containing <24% alcohol.  This is interesting because though it was placed in the regulation solely to remove alcoholic beverages and certain latex paints from being categorized as an ignitable liquid, it has the affect of exempting from regulation as a D001 Ignitable all aqueous wastes which are ignitable solely because they contain alcohols (i.e. any chemical containing the hydroxyl [-OH] functional group) (RO 11060).

The second, and potentially much more important, point of interest is the requirement that the waste be a liquid in order to test for flash point.  So…no liquid, no test for flash point, no liquid flash <140˚F, no ignitable hazardous waste (RO 14669, RO 14405).  This is true even if the solid, with no liquid present, flashes at <140˚F.  To meet this requirement, the waste must contain a free liquid that fails the paint filter test.  The determining factor – the flash point – is run on that liquid only.  This property should be determined entirely by careful analysis of representative samples.  Be sure the lab conducting the analysis is aware of your needs.

A solid that can cause a fire and sustain combustion:

A solid without free liquids may still be an ignitable hazardous waste if it exhibits the properties of a solid that can cause a fire and sustain combustion.  40 CFR 261.21(a)(2) reads, “It is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard.”  Refer again to RO 14669 and you will read, “The Agency has not developed specific regulatory or guidance tests to implement this portion of the regulation.”  It is referring to its lack of a single approved test method to identify a solid ignitable hazardous waste in full.  RO 14405 references  SW-846 Method 1030, Ignitability of Solids as a means to assess a solids ability to burn vigorously, but not its mode of ignition; and so may not be used to make a complete determination.  Note that the requirement for this property is that it both cause a fire by itself and sustain combustion to the point that it causes a hazard.  You will have to use a combination of tests and generator knowledge to make a determination if this property is present in your waste.

An ignitable compressed gas:

I won’t reprint all of the regulation here, as it is long, technical, and my transcription won’t aid understanding.  Instead, I suggest you read it directly from 40 CFR 261.21(a)(3)(i) if you generate any waste that might be an ignitable compressed gas.  As you read, consider the two distinct descriptions in this subparagraph of…

  1. A compressed gas in sub-subparagraph (i); and,
  2. An ignitable compressed gas in sub-subparagraph (ii).

Note that the determination of a compressed gas’ ignitability relies on test methods approved by the Bureau of Explosives (how do I get a job with them?) and the Pipeline and Hazardous Technology of the Department of Transportation.

An oxidizer:

Class 5 Oxidizer placard

USDOT regulations include a definition of an Oxidizer

The hazard of an oxidizer is that it is capable of releasing oxygen during a chemical reaction and multiplying the danger of a fire.  40 CFR 261.21(a)(4) reads, “An oxidizer for the purpose of this subchapter is a substance such as a chlorate, permanganate, inorganic peroxide, or a nitrate, that yields oxygen readily to stimulate the combustion of organic matter.”  Sub-subparagraph (i) includes organic peroxides as an oxidizer unless other conditions in the subparagraph exclude it.  Like the ignitable compressed gas, the regulatory description is long and technical, so I won’t include it here.  And like the flammable solid, this property does not have a test method; instead the chemical structure of the material determines whether or not the waste is hazardous for ignitability as an oxidizer.  Be sure you have Material Safety Data Sheets or other sources of information with the chemical composition of your waste available as you read the regulations and determine if this property of ignitability applies to your waste.

Summary:

The ignitability hazardous waste characteristic identifies wastes that pose a significant fire risk due either to their low flash point, ability to self-combust and burn, or are able to combust or support combustion due to their physical properties.  If any one of the above properties is present, you must manage the waste as a D001 ignitable hazardous waste.  Keep in mind that other characteristic or listed waste codes may apply to the waste as well.  Conversely, take a second look at some of the wastes you’ve identified as ignitable, a close review of the above information and some careful analysis may reveal them to not meet the definition of ignitability.

Be sure to check with your state environmental regulatory agency or regional US EPA to determine their interpretation of the above, especially the determination of ignitability for solids that are contaminated with flammable liquids, such as wipers. The US EPA has been proposing regulation for solvent-contaminated wipers for years (perhaps 2012 is the year for a final rule, stay tuned) but in the meantime many states have gone ahead with US EPA’s blessing to create state-specific interpretations.

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The above is only one small part of the hazardous waste determination process, which is something you must document for every waste that you generate.  The determination itself is only the first step in identifying your hazardous waste generator status and then the regulations you must follow based on your status.  It may seem overwhelming, but there is a way to make sense of US EPA’s hazardous waste regulations: attend one of my open enrollment training events.  Held nationwide and year round there is sure to be one in your area soon.  Or contact me to schedule on-site training for all of your employees for one flat fee.  If you liked this article, be sure to sign up for my monthly newsletter to receive more like it via email.  I look forward to hearing from you.

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.

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The Hazardous Waste Determination for Spent Organic Solvents as an F-Listed Hazardous Waste

The US EPA has identified two different categories of hazardous waste:  characteristic and listed.  Characteristic hazardous waste must exhibit specific characteristic as defined at 40 CFR 261, Subpart C.  Usually lab analysis by a US EPA-approved test method plays an important part in characteristic hazardous waste determination, though not necessarily the only part.  Characteristic hazardous waste includes the following:

A listed hazardous waste must meet the defined use or status as listed at 40 CFR 261, Subpart D.  Analysis usually plays a minor role in determining if a waste is listed; safety data sheets (SDS) and generator knowledge are much more important in making this determination.  Listed wastes include the following:

  • F-listed waste from non-specific sources of a manufacturing process –waste codes F001 to F039.
  • K-listed waste from specific sources of a manufacturing process – waste codes K001 to K181.
  • P & U-listed waste from discarded commercial chemical products, off-specification species, container residues, and spill clean-up materials – waste codes P001 to P205 and U001 to U411.

The F-listed hazardous wastes can be further broken down into the following groups:

  • Spent solvent wastes (F001 – F005).
  • Wastes from electroplating and other metal finishing operations (F006 – F012, F019).
  • Dioxin-bearing wastes (F020 – F023 and F026 – F028).
  • Wastes from the production of certain chlorinated aliphatic hydrocarbons (F024, F025).
  • Wastes from wood preserving (F032, F034, and F035).
  • Petroleum refinery wastewater treatment sludges (F037 and F038).
  • Multi-source leachate (F039).

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Spent solvent wastes are the most commonly generated listed hazardous wastes because of their frequent use in manufacturing processes such as painting, degreasing, and cleaning.  Just because you utilize a process similar to these or use a solvent in some other way, does not necessarily mean you must apply an F-code, instead the correct application of an F-code depends on how the solvent is used, the percentage of its constituents before use, and – for F003 only – whether or not the characteristic of Ignitability is present.

Keep in mind that more than one waste code (listed and characteristic) may apply to any waste.  A D001 for Ignitability is common in many solvents.  Depending on how it was used, a solvent may contain metals above the regulatory threshold and require a D-code for Toxicity.

Also, as I’ll note later, some of these determinations can be very tricky and the states have taken slightly different interpretations than the US EPA; be sure to check with your state environmental agency to assist you in your waste determination.

The first criteria in your waste determination is if the solvent in question is listed.  The list of thirty solvents (40 CFR 261.31) includes many common ones such as:  xylene, toluene, acetone, methylene chloride (aka: dichloromethane), and many others.  It doesn’t include common solvents such as:  mineral spirits or Stoddard solvent.  If its technical name does not appear on the list, than that F-code would not apply, though other waste codes may.

The F-listed solvents are:

Hazardous Waste CodeHazardous Waste
(Solvent Name)		Hazard Code
F001Tetrachloroethylene(T)
Trichloroethylene(T)
Methylene chloride(T)
1,1,1-Trichloroethane(T)
Carbon tetrachloride(T)
Chlorinated fluorocarbons(T)
F002Tetrachloroethylene(T)
Methylene chloride(T)
Trichloroethylene(T)
1,1,1-Trichloroethane(T)
Chlorobenzene(T)
1,1,2-Trichloro-1,2,2-trifluoroethane(T)
Ortho-dichlorobenzene(T)
Trichlorofluoromethane(T)
1,1,2-Trichloroethane(T)
F003Xylene(T)
Acetone(T)
Ethyl acetate(T)
Ethyl benzene(T)
Ethyl ether(T)
Methyl isobutyl ketone(T)
n-butyl alcohol(T)
Cyclohexanone(T)
Methanol(T)
F004Cresols & cresylic acid(T)
Nitrobenzene(T)
F005Toluene(T)
Methyl ethyl ketone(T)
Carbon disulfide(T)
Isobutanol(T)
Pyridine(T)
Benzene(T)
2-Ethoxyethanol(T)
2-Nitropropane(T)

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Second, the waste must have been used as a solvent for its solvent properties, that is, to solubilize (dissolve) or mobilize other constituents.  This includes:  degreasing, cleaning, fabric scouring, extractions, reactions, and synthesis media.  “Used as a solvent” does not include solvents used as ingredients in the formulation of a product.  The best example of this is a solvent used to thin paint; solvent used in this manner, even if listed and spent, would not be an F-listed hazardous waste.

Next, the solvent must be spent.  If it is virgin material, than an F-code would not apply, however it may have the characteristic of Ignitability (D001) and/or may be a U-listed waste (eg. acetone – U002, Benzene – U019, Toluene – U220).  A solvent is considered “spent” when it has been used and is no longer fit for use without being regenerated, reclaimed, or otherwise reprocessed (see 50 FR 53316, 12/31/85).

If being reclaimed by distillation or some other method, the solvent would not be spent and the F-code would not apply.  A material may be treated and reused in this manner until such time it is no longer useful to you and is therefore spent.  Note however, that the byproducts of the distillation process (still bottoms, pancakes, pugs, solids) are a listed hazardous waste if the above criteria are met.

A spent solvent that appears on the F-list still must meet some specific criteria before you can determine which waste code(s) – if any – will apply.

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

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F001, F002, F004, & F005:

First, note the absence of F003, more on it later.  If a spent solvent mixture contains 10% or more of any one solvent listed in F001, F002, F004, & F005 or a combination of any of them at an aggregate of 10% or more, than all appropriate F-codes would apply.  The determination of the concentration must be made before use of the solvent, not once it has become spent and therefore requires the use of a MSDS.

F001:

The F001 waste code is only applied to a spent solvent “used in degreasing” which means a “large-scale industrial degreasing operation”.  The F001 waste code would not apply to a solvent used for some purpose other than degreasing.  Some – but not all – solvents are listed in both F001 & F002 (e.g. methylene chloride).  If listed in both you must determine which of the two waste codes to apply, you will not use both (RO 13469).

F003:

This one is really tricky.  There are two ways that a spent solvent may be F003 listed:

  1. The solvent mixture contains only an F003 listed solvent.  A technical grade concentration with small impurities is acceptable as well (RO 13675).  Or…
  2. The solvent mixture contains any F003 listed solvent at any concentration and any combination of other F-listed solvents (F001, F002, F004, F005) at a concentration of 10% or greater.

A final requirement for the application of the F003 waste code hinges on the spent solvent’s characteristic of Ignitability at the point of generation.  The F003 waste code is listed solely because of its characteristic of Ignitability, thus the ‘I’ in the “Hazard Code” column of the F-list table in 40 CFR 261.31.  What this means is that even if one of the two above criteria are met but the spent solvent does not have a flash point of <60 °C (140 ˚F) – and is therefore not a D001 ignitable hazardous waste – then the F003 waste code would not apply.  In other words, no D001…no F003.  Read: What are ICR-Only Listed Hazardous Waste?

Where the application of the F003 code gets even trickier is if you throw F003 solvent contaminated shop towels into the argument.  This will have to be a topic for a later article.  Also problematic is the determination of the flash point of the solvent at the point of generation.  In some cases, a waste may be an ignitable D001 hazardous waste at the point of generation but later lose this characteristic.  In that case, the D001 waste code may no longer apply but the land disposal restrictions of 40 CFR 268 might.  Also, some states don’t accept the whole, “the D001 used to apply, but now it doesn’t”.  Be sure to check with your state environmental agency to see how their interpretation of these regulations applies to your operations.

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The above is only one small part of the hazardous waste determination process, which is something you must do and document for every waste you generate.  The determination is only the first step in determining your hazardous waste generator status and then the applicable requirements.  Contact me if you have any questions about F-Listed solvents, hazardous waste, the hazardous waste determination or any of the USEPA (and state) regulations for the cradle-to-grave management of hazardous waste.

Hazardous Waste Personnel Training

No matter the job, most professionals agree that good training is an effective way to communicate the proper procedure to perform a task.  If you generate any hazardous waste at all, you should have a method to communicate the appropriate information to affected employees; training may be the method you use.  Depending on the amount of hazardous waste you generate – take this survey to determine your generator status – you may be required to provide training of a specific format at a set frequency in order to maintain compliance.

  • A Conditionally Exempt Small Quantity Generator (CESQG) of hazardous waste is not required by regulation to conduct any training for its facility personnel, though awareness of the applicable regulations and safe work practices is a good idea.
  • A Small Quantity Generator (SQG) of hazardous waste is required to “ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies” [40 CFR 262.34(d)(5)(iii)].  While it does not explicitly require formal training, completion of some form of documented training of your employees is recommended to ensure compliance.
  • A Large Quantity Generator (LQG) of hazardous waste must provide and document annual training for facility personnel as required by 40 CFR 265.16.

“But wait a minute”, you say; 40 CFR 265.16 –indeed all of 40 CFR 265 – is written for owners of hazardous waste Treatment Storage and Disposal Facilities (TSDF’s) and doesn’t apply to a generator of hazardous waste like me.  True, but the regulations for LQG’s found at 40 CFR 262.34(a)(4) mandate compliance with 40 CFR 265.16.  As an LQG you therefore have the same training requirement for your facility personnel as a TSDF.

Those who must receive training i.e., facility personnel are defined as “all persons who work at, or oversee the operations of, a hazardous waste facility, and whose actions or failure to act may result in noncompliance with the requirements of part 264 or 265 of this chapter” (40 CFR 260.10).  In other words, any employee – including temps, contractors, part or full-time, consultants, off-site managers, and others – whose lack of knowledge about the hazardous waste regulations could result in a violation of same must receive training.

One exception is employees who work only with hazardous waste in a satellite accumulation area (SAA).  This is because the regulations for SAA’s at 40 CFR 262.34(c)(1)(i) do not include a reference to the training requirements of 40 CFR 265.16 or any other.

It is up to you as the generator to determine the content of your training, US EPA only provides two performance standards:  the training must teach facility personnel…

  • “…to perform their duties in a way that ensures the facility’s compliance with the requirements of this part.”  And;
  • “…hazardous waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed.”

So, you must identify what RCRA regulations are applicable to your facility and then instruct employees on what they must do to maintain compliance.  Training must also include procedures your facility has developed to manage its hazardous waste.

US EPA is clearer about what it expects the training to include regarding emergency response:  “At a minimum, the training program must be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including where applicable:

  • Procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment;
  • Key parameters for automatic waste feed cut-off systems;
  • Communications or alarm systems;
  • Response to fires or explosions;
  • Response to ground-water contamination incidents; and
  • Shutdown of operations.

Speaking of emergency response training, you may use this opportunity to meet other regulatory requirements, such as:

  • The Occupational Health and Safety Administration (OSHA) Hazard Communication Standard (29 CFR 1910.1200).
  • The OSHA Hazardous Waste Operations Standard or HAZWOPER (29 CFR 1910.120).
  • The Pipeline and Hazardous Materials Safety Administration (PHMSA) of the US DOT requires safety and emergency response training for HazMat Employees [49 CFR 172.704(a)(3)].

However, please note that these are the distinct training requirements of different agencies.  While it may be possible to combine them into one session, the responsibility to ensure all of the individual regulations are met is yours alone.

Some other useful information about RCRA facility personnel training:

  • An annual review of the initial training is required.  Read a US EPA interpretation letter for a more nuanced understanding of this requirement (RO 14286).
  • It may be classroom instruction or on-the-job training.
  • No duration for the training is set; it must take as long as necessary to convey the applicable information.
  • The training program must be directed by a person who has received training per the requirements of 40 CFR 265.16.
  • The requirement to properly document the training should be read carefully as it is very specific [40 CFR 265.16(d)].
  • Employees must be trained within 6 months of employment or new job assignment.

If you are an LQG, annual RCRA training is required for your facility personnel.  As noted just above, the person responsible for directing the training program must receive annual training as well.  Anyone who prepares a hazardous waste for off-site shipment or signs a manifest must also have the triennial HazMat Employee training required by PHMSA at 49 CFR 172, Subpart H.  My training – either open enrollment, or on-site – fulfills both of these training requirements in one day. I travel all over the country all year round, so check out my schedule to find a date and location convenient to you.  Or, contact me to schedule on-site training where I can train all of your HazMat Employees and facility personnel for one flat fee.

What is the US EPA Program WasteWise?

(Boston, Mass. – Dec. 14, 2011) – Three WasteWise partners in New England were recognized by the U.S. Environmental Protection Agency (EPA) for outstanding achievements as 2011 WasteWise award winners. Nationally, there were 29 winners, with awards in categories including business, government, and educational sectors.  You can read the full news release here, but I think I’d be remiss if I didn’t send a shout-out to those three New England companies:

  • Raytheon Company, Mass.
  • Cannon Grange #152 Inc., Conn.
  • Genzyme Corporation (Mass.)

So just what exactly is WasteWise?  You can learn much more about it from its website, or check out this factsheet, but WasteWise – founded in 1994 and with more than 2,700 members – is a US EPA program that encourages a variety of different organizations and businesses to voluntarily commit to waste reduction and recycling goals.  By becoming a member of WasteWise, you obtain access to a variety of tools to help you reach those waste goals and to promote your efforts to your customers, your community, and the world.

Organizations may join WasteWise as either a Partner or an Endorser.  A Partner commits to reduce their own waste production whereas an Endorser is a branch of government or other organization that uses the tools available through WasteWise to convince its members of the benefits of waste reduction and recycling.  Eligible members include but are not limited to all sizes of:  US businesses, State & local governments, non-profit organizations, and trade associations.

As a member, you have access to all of the following:

It’s the third bullet point of the above that you see on display at the top of this article, and on the US EPA website of the 2011 WasteWise Award Winners.  As a member, you have the opportunity to promote your company – and be promoted – as a company that cares about the environment and is doing something about it; this alone might be reason enough to join up.  An additional incentive is having access to the WasteWise Re-TRAC System.  This new data management and reporting system allows you to collect, organize, analyze, and report your waste reduction activities and to generate reports such as the WasteWise Climate Profile report.

If you are considering becoming a member, but don’t know if WasteWise has the resources to assist your specific interests, check out their Targeted Initiatives and see if there is a Challenge or Campaign that directly addresses your waste generation.  And why not involve the office personnel as well?  WasteWise has a tool for determining the carbon footprint of office operations including:  company-owned vehicle transportation; purchased electricity; waste disposal; and leased assets, franchises, and outsourced activities.

Take a look at the information available, determine if WasteWise is a good fit for your operations, and then take it to management and see what they think.  Let me know how it works for you, I’ve never been able to convince a company to voluntarily commit to any US EPA program.  Perhaps you’ll have better luck.

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.