I have inquired with you in the past and I am hoping you would be willing to help me again.
I have 55 gallon oil drums (used oil) in a few locations around my facility. I am having a hard time finding if these containers need to be on secondary containment or not. What is your input?
Thanks,
My reply that same day:
Please see below.
The regulations of the U.S. Environmental Protection Agency (USEPA) for the management of used oil are found in 40 CFR 279.
In sum, the USEPA regulations allow for the management of used oil subject to less regulation than hazardous waste even if it exhibits a hazardous waste characteristic. To obtain this “de-regulation” the used oil must meet specific criteria and be destined for fuel-blending or recycling.
The USEPA used oil regulations do not contain a requirement for the generator to accumulate containers or tanks in secondary containment. However, the regulations of a state (you are in Washington) can be more stringent and more broad than those of the USEPA.
On its website the State of Washington Department of Ecology recommends but does not require secondary containment for used oil generators.
On-site quantities of oil (waste and product) above threshold amounts are subject to regulation under the Clean Water Act at 40 CFR 110 & 112. These regulations – known as Spill Prevention Control and Countermeasure (SPCC) – may require secondary containment or some other form of spill containment and control measures.
If required, secondary containment can be the building envelope itself.
A question from a concerned truck driver (01.10.18):
I drive lube truck and carry 600 gal go new oil and 400 gal used oil in <<state>> and surrounding states my company told me to remove placards saying not needed. I am questioning them and can’t find answer if I am legal.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
Thank you for contacting me. I will try to answer your question below.
I cannot be certain without viewing the safety data sheet (SDS) or some other technical data, but it is unlikely that oil – new or used – will meet the definition of a hazardous material per USDOT regulations.
If not a HazMat the display of USDOT placards is not required.
I hope that answers your question. Please don’t hesitate to contact me with any other questions.
Conclusion:
Easy but illustrating a very common issue in the regulated – or not regulated – community. Before you can begin to consider the regulations applicable to the transportation of a hazardous material: hazard communication, packaging, training, load securement & segregation, & more; you must classify the article or substance according to the USDOT/PHMSA’s definition of a hazardous material. No hazardous material, no Hazardous Materials Regulations.
It’s possible you transport or offer for transport both HazMat and non-HazMat. My training and consulting services can help you to identify the difference.
A summary of the regulations of New Jersey pertaining to the management of hazardous waste, universal waste, used oil, and non-hazardous waste.
Disclaimer:
This information is provided as guidance only. I recommend its use as a first step in the determination of the regulations of a state regulatory agency and/or as a review. Always follow-up with research of the applicable state and federal regulations. Don’t rely solely on this document to determine compliance with either State or Federal Regulations. Contact the New Jersey Department of Environmental Protection (NJ DEP) for clarification of any information contained here.
Summary:
The state of New Jersey is authorized by the United States Environmental Protection Agency (USEPA) to manage and enforce the regulations of the Resource Conservation and Recovery Act (RCRA) within its borders. New Jersey is one of two states with an authorized hazardous waste program that immediately adopts new RCRA regulations of the USEPA (the other is Pennsylvania). Therefore the regulations for the management of hazardous waste in New Jersey will be very similar – but not the same – as those of the USEPA. Differences between the regulations of the USEPA and NJ DEP include the identification of universal waste.
Be sure to check with your state environmental agency to confirm compliance.
The New Jersey Department of Environmental Protection (NJ DEP) is authorized by the USEPA to manage and enforce the regulations of the Resource Conservation and Recovery Act (RCRA) in New Jersey.
A hazardous waste generator must comply with the regulations of their state if it has an authorized hazardous waste program. State regulations are usually based largely on the Federal regulations of the USEPA, often incorporating them by reference or adopting them entirely.
In New Jersey, statutes are implemented through rules that are codified in the New Jersey Administrative Code (the Code) (other states and the Federal government generally refer to their rules as “regulations”). The rules that are utilized by the Department of Environmental Protection and other environmental agencies are codified at Title 7 of the Code. State regulations for the management of hazardous waste are found in the Title 7, Chapter 26G of the New Jersey Administrative Code.
Upcoming rule proposals, hearings, adoptions, and other information concerning amendments to the rules can be found by following the appropriate links on the NJDEP Rules & Regulations home page.
Since November 5, 2007 the NJ DEP immediately adopts all new RCRA regulations upon their effective date in the federal regulations of the USEPA (7:26G-1.4 Incorporation by reference of the Code of Federal Regulations).
Federal regulations for the management of hazardous waste are located in Title 40 of the Code of Federal Regulations (CFR), parts 239 to 299.
The Generator Improvements Rule in New Jersey:
The Generator Improvements Rule became effective at the Federal level on May 30, 2017. It includes many changes to the regulations pertaining to hazardous waste generators.
Some changes are more stringent than the existing regulations while some are less stringent (i.e. “reliefs”).
Most states with an authorized hazardous waste program must proceed as follows:
State must adopt the more stringent requirements of the new rule by July 1, 2018; or July 1, 2019 if a change to state law is necessary.
State may – or may not – adopt the less stringent reliefs and those revisions that are considered to be equally stringent as existing regulations.
As noted above the NJ DEP immediately adopts all RCRA regulations upon their adoption by the USEPA. Therefore, the new regulations of the Generator Improvements Rule have been in effect in New Jersey since May 30, 2017.
NJ DEP has adopted the Federal rule regarding the hazardous waste determination. The requirements for the hazardous waste determination have been revised by the Generator Improvements Rule. In general all hazardous waste generators must complete and document a hazardous waste determination for all waste they generate.
Every generator of a solid waste must conduct a hazardous waste determination. This includes the very small quantity generator.
A person who generates a solid waste must determine if that waste is a hazardous waste using the following method:
Is it a solid waste? This determination may be affected by the 2015 Definition of Solid Waste Rule.
Is it excluded from regulation?
Is it a listed hazardous waste?
Is it a characteristic hazardous waste?
The hazardous waste determination may be completed using solely the knowledge of the generator (aka: knowledge-based) or the analysis of a representative sample (aka: analytical-based).
Very few options for analysis exist for the determination of a listed hazardous waste.
An analytical-based method for determinations is recommended – but not required – for a characteristic hazardous waste.
The hazardous waste determination must be documented and a record kept for at least three years from the date the waste was last shipped 0ff-site for disposal or treatment.
NJ DEP has the following additional requirements for the hazardous waste determination:
NJ DEP requires a generator to use the services of a state-approved lab for the analysis of representative samples for the purpose of the hazardous waste determination.
Any lab – in or out of the state of New Jersey – used for the purpose of a hazardous waste determination for a New Jersey facility must be certified by the New Jersey Office of Quality Assurance (OQA). More information about the OQA, the certified lab program, and a list of state-certified labs can be found on the OQA website: NJDEP Office of Quality Assurance Laboratory Certification Program.
Solid Waste:
A material becomes a solid waste when it is discarded. A material is discarded when it is any one of the following as defined by Federal or state regulations:
Discarded materials are meant to include, but are not limited to, the following:
Garbage, refuse, & sludge.
Sludge means any solid, semi-solid, or liquid waste generated from a wastewater treatment plant, water supply treatment plant, or air pollution control facility.
Garbage and refuse includes municipal solid waste.
Materials thrown away, abandoned, or destroyed.
Includes those intended to be thrown away, abandoned, or destroyed.
Spent materials that have served their intended purpose.
Status of the 2015 Definition of Solid Waste Rule in New Jersey:
The 2015 Definition of Solid Waste Rule (2015 DSW) was published in the Federal Register on January 13, 2015 and became effective at the Federal level on July 13, 2015. The regulations created by this new rule have a significant impact on the exclusions available to a generator that recycles a hazardous secondary material. The rule contains some provisions that are more stringent than existing regulations and must eventually be adopted by the states (e.g. the new definition of legitimate recycling at 40 CFR 260.43). While other provisions, e.g. the remanufacturing exclusion for spent solvents at 40 CFR 261.4(a)(27), are less strict than existing regulation and are not mandatory for states to adopt. Though states are encouraged to fully adopt this Federal rule they may not choose to do so.
As noted above, the NJ DEP immediately adopts all RCRA regulations upon their adoption by the USEPA. Therefore, the new regulations of the 2015 Definition of Solid Waste Rule have been in effect in New Jersey since July 13, 2015.
NJ DEP has adopted the Federal Rule for the identification of characteristic hazardous waste. The USEPA identifies four (4) types of characteristic hazardous waste.
NJ DEP has identified the following wastes for management as hazardous waste under its state-specific regulations.
None
Non-Hazardous Waste:
Federal regulations do not contain requirements for a generator’s management of non-hazardous waste other than its disposal in an approved Treatment Storage or Disposal Facility (TSDF). States are encouraged under Subtitle D of RCRA to create their own regulations for the management of non-hazardous waste.
NJ DEP identifies the following non-hazardous waste for additional regulation within New Jersey:
Regulated medical waste: Regulated Medical Waste may be generated by what is commonly understood to be a “medical facility”, e.g.: hospitals, veterinarians, tattoo and body piercing, &etc. It also includes a non-medical facility, e.g. school, manufacturer, retail store, or other commercial business; that collects sharps (hypodermic needles) from its employees or customers. A non-medical facility that has a “company nurse” may also be subject to regulation.
Exclusions from Regulation as Solid Waste and Hazardous Waste:
Federal regulations identify the following conditional exclusions from regulation. States may choose not to adopt some or all of these conditional exclusions.
As noted above, the NJ DEP immediately adopts all RCRA regulations upon their adoption by the USEPA. Therefore, the regulations for the solvent wipe exclusion have been in effect in New Jersey since January 31, 2014.
Exempted Recyclable Materials:
NJ DEP has adopted the Federal rule for the identification of exempted recyclable materials. USEPA regulations allow for an exemption from regulation for certain hazardous wastes if they are recycled in a specified manner. States may choose not to adopt some or all of these exemptions.
Hazardous waste subject to alternative regulatory controls when recycled (i.e. partial exemption):
Recyclable materials used in a manner constituting disposal.
Materials utilized for precious metals recovery.
Spent lead-acid batteries being reclaimed.
Hazardous waste burned in boilers and industrial furnaces.
Hazardous waste that are not subject to hazardous waste regulation when recycled (i.e. full exemption):
Industrial ethyl alcohol that is reclaimed.
Scrap metal.
Waste-derived fuels from refining processes.
Unrefined waste-derived fuels and oils from petroleum refineries.
NJ DEP has made the following changes to the identification and management of exempted recyclable materials:
None
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
NJ DEP has adopted the Federal Rule for the identification of universal waste. Universal wastes are hazardous waste that may be managed under a reduced regulatory burden. USEPA regulations identify four (4) types of universal waste.
Lamps: a bulb or tube of an electric device designed to generate heat or light. A universal waste lamp includes, but is not limited to, the following:
Fluorescent
High-Intensity Discharge or HID
High pressure sodium
Neon
Mercury vapor
Metal halide
More…
Batteries: a device designed to receive, store, and deliver electric energy. A universal waste battery includes, but is not limited to, the following:
Nickel-Cadmium or NiCad
Nickel/metal hydride
Gel or solid lead acid
Lithium ion or lithium metal
Mercury
Sodium
More…
NJ DEP also allows alkaline batteries to be managed as universal waste.
Liquid lead-acid batteries (e.g. auto battery) should not be managed as a universal waste but instead should be managed as an exempted recycled material (see above).
Mercury-containing devices: a device or part of a device with elemental mercury integral to its function. A universal waste mercury-containing device includes, but is not limited to, the following:
Thermostats
Thermometers
Switches or relays
Gauges
Monometers
More…
Recalled or cancelled pesticides: this category of universal waste is limited solely to the following:
Stocks of cancelled or suspended pesticides that are collected as part of a government-mandated recall or one undertaken voluntarily by the manufacturer.
Stocks of unused pesticides that are collected and managed as part of a waste pesticide collection program.
Universal waste recalled or canceled pesticides does not include the pesticides a business has collected as part of its operations and wishes to discard, e.g. 5-gallon container of lawn herbicide, aerosol cans of wasp killer.
In addition, NJ DEP identifies the following as universal waste:
Consumer electronics: any appliance used in the home or business that includes circuitry. It includes the components and sub-assemblies that collectively make up the electronic products and may, when individually broken down, include the following:
Oil-based finishes: means any paint or other finish which exhibits a hazardous waste characteristic or contains a listed hazardous waste. Examples of oil-based finishes include, but are not limited to, the following:
Oil-based paints, lacquers, and stains.
Aerosol paint cans
Used Oil:
NJ DEP has adopted the Federal rule for the identification of used oil. A used oil is a hazardous waste that may be managed under a reduced regulatory burden if it meets the definition of a used oil and is managed and disposed of in the manner prescribed by regulation. A used oil must be:
Petroleum-based or synthetic.
Used and contaminated by that use. NJDEP does not require used oil to be used. Unused oil can be managed as used oil in New Jersey.
Destined for fuel-blending or recycling.
Cannot be contaminated with a listed hazardous waste. Be especially cautious with any potential exposure to chlorinated solvents.
NJ DEP has adopted the Federal Rule for the determination of hazardous waste generator status. The counting of hazardous waste and the determination of hazardous waste generator status was revised by the regulations of the Generator Improvements Rule. The amount of hazardous waste generated in a calendar month determines a facility’s hazardous waste generator status. USEPA regulations identify three (3) hazardous waste generator status:
Large Quantity Generator:
Generate ≥1,000 kg/mo hazardous waste, or;
Generate >1 kg/mo acute hazardous waste, or;
Generate >100 kg/mo acute hazardous waste spill residue or soil.
Small Quantity Generator:
Generate >100 and <1,000 kg/mo hazardous waste.
Generate ≤1 kg/mo acute hazardous waste, and;
Generate ≤100 kg/mo acute hazardous waste spill residue or soil.
Very Small Quantity Generator:
Generate ≤100 kg/mo hazardous waste, and;
Generate ≤1 kg/mo acute hazardous waste, and;
Generate ≤100 kg/mo acute hazardous waste spill residue or soil.
NJ DEP identifies the following additional hazardous waste generator status:
None
Episodic Generator Status:
A generator may find that the amount of hazardous waste generated varies from month-to-month and with it, their hazardous waste generator status. Under the new regulations created by the Generator Improvements Rule an SQG or VSQG may maintain their generator status during an episodic event under the following conditions.
Episodic event may be planned or unplanned.
Generator is limited to one episodic event per year. The generator may petition for a second event. Second event must differ from first event, i.e. if first annual event is unplanned second event in same calendar year must be planned.
Generator must notify NJ DEP thirty (30) days prior to a planned event.
Generator must notify NJ DEP within 72 hours of an unplanned event.
Event must be completed – including waste shipped off-site – within sixty (60) days.
In addition to the above a very small quantity generator (VSQG) managing an episodic event of hazardous waste generation must comply with the following:
Obtain a US EPA identification number.
Use the uniform hazardous waste manifest for the off-site transportation of the waste.
Send the waste to a RCRA-permitted facility for treatment, storage, or disposal.
Identify at least one emergency coordinator.
Container or tank of hazardous waste must be in good condition and compatible with the waste.
Container or tank must be kept closed except when adding or removing waste.
In addition to other requirements label containers or tanks: “Episodic Hazardous Waste”
Maintain records of episodic event as required by regulation.
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Facility Identification Number:
NJ DEP has adopted the Federal rule for the requirement for certain hazardous waste generators to obtain a USEPA identification number. The identification number is fixed to a generator’s geographic location and not to its ownership or management. An identification number is required for the following hazardous waste generator status:
Large Quantity Generator of hazardous waste.
Small Quantity Generator of hazardous waste.
NJ DEP has the following additional requirements for a facility identification number:
NJ DEP does not have a state identification numbers for hazardous waste generators.
The NJDEP used to have – but has no longer – what it identified as the “NJX” Program which was an optional notification program for VSQGs. A VSQG that took part in the program was assigned a state identification number prefixed with “NJX”. This “NJX number” could then be used in place of the USEPA Identification Number on the uniform hazardous waste manifest if the VSQG used one.
Training of Facility Personnel:
NJ DEP has adopted the Federal rule for an employer’s responsibility to provide training for all Hazardous Waste Personnel (aka: Facility Personnel). The training requirements have been revised by the Generator Improvements Rule.
LQG RCRA Training– Initial training (w/i 6 months) and annual review. See below for a more thorough description of the RCRA Training requirements for Facility Personnel of an LQG.
SQG RCRA Training– Ensure all employees are “thoroughly familiar” with how to handle hazardous waste and how to respond to a hazardous waste emergency.
Training Requirements for the Facility Personnel of a Large Quantity Generator of Hazardous Waste:
All Facility Personnel must be trained on the management of hazardous waste in a way that teaches them how to do their job in compliance with state and Federal regulations.
Training program may be classroom instruction or on-the-job training or a combination of the two. Per the Generator Improvements Rule online training (e.g. computer-based or electronic) is acceptable.
Employer must ensure that the training program includes all the elements the training records indicate were addressed during training. In other words: “Say what you do. Do what you say!”
Training program must be directed by a person trained in hazardous waste management procedures.
Training program must include instruction which teaches Facility Personnel what they need to know in order to perform their job duties in compliance with state and Federal hazardous waste regulations. This includes responding to a hazardous waste emergency as described in the facility’s RCRA Contingency Plan.
At a minimum, the training program must ensure that Facility Personnel are able to respond effectively to emergencies.
Training must familiarize Facility Personnel with emergency procedures, emergency equipment, and emergency systems including where applicable:
Procedures for using, inspecting, repairing, and replacing emergency and monitoring equipment.
Key parameters for automatic waste feed cut-off systems.
Communications or alarm systems.
Response to fires or explosions.
Shutdown of operations.
Facility Personnel must successfully complete the program required within six months after the date of their employment or assignment to a new position.
Untrained Facility Personnel must be directly supervised by trained and knowledgeable Facility Personnel until they receive training.
Facility Personnel must take part in an annual review of the initial training.
Handlers of universal waste have responsibility for some form of training as well. Refer to the Universal Waste portion of this document.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
NJ DEP has adopted the Federal Rule at 40 CFR 268 regarding the land disposal restrictions. The land disposal restrictions are treatment standards required prior to the disposal of certain hazardous waste of a large quantity generator and small quantity generator. Its purpose is to ensure that – if necessary – hazardous waste are made less hazardous through some form of treatment before land disposal (hence, “land disposal restrictions”).
Generator responsibilities under the land disposal restrictions include:
Classify the hazardous waste by its hazardous waste codes. The land disposal restrictions identify two categories for each hazardous waste code:
Wastewater. That is, <1% Total Organic Carbon (TOC) and <1% Total Suspended Solids (TSS).
Non-wastewater. Any applicable hazardous waste that is not a wastewater.
Identify the treatment standard to be met based on its classification.
Treatment standards may be expressed as a concentration level to be met or a specific treatment technology that must be used.
If it is a characteristic hazardous waste, generator will also have to determine the presence of Underlying Hazardous Constituents or those reasonably expected to be present at the point of generation above its Universal Treatment Standards. Underlying Hazardous Constituents and Universal Treatment Standards can be found at 40 CFR 268.48.
Some hazardous waste because of their nature do not respond well to standard treatment efforts and are subject to alternative treatment standards:
Contaminated soil
Debris
Labpack waste
Hazardous waste generator may choose not to determine the land disposal restrictions if determination is instead made by a RCRA-permitted Treatment, Storage, and Disposal Facility (TSDF).
Hazardous waste generator must provide to the TSDF or initial transporter for the hazardous waste and retain a copy on-site for three years of either one of the following:
Certification that the hazardous waste meets the applicable treatment standards and does not require further treatment prior to land disposal.
Notification that the hazardous waste does not meet the applicable treatment standards and further treatment is necessary before land disposal.
NJ DEP has the following additional requirements regarding the Land Disposal Restrictions:
None
Hazardous Waste Emergency Preparedness and Prevention:
NJ DEP has adopted the Federal rule for preparedness and prevention of a hazardous waste emergency at both a large quantity generator and small quantity generator of hazardous waste. These regulations have been revised by the Generator Improvements Rule.
40 CFR 262, subpart M for large quantity generator.
40 CFR 262.16(b)(8) for small quantity generator.
Requirements for both large quantity generator and small quantity generator include:
Generator’s facility must be maintained and operated in a manner to minimize the possibility of a fire, explosion, or unplanned release of hazardous waste or hazardous waste constituent.
Generator must provide the following equipment:
Internal emergency communication system or alarm.
A device capable of summoning emergency assistance from external agencies.
Fire suppression equipment.
Spill control equipment.
Decontamination equipment.
Water at adequate volume to supply fire suppression system.
All equipment must be tested and maintained as necessary.
Generator must ensure immediate access to emergency communication or alarm systems.
Generator must ensure adequate aisle space to allow for unobstructed movement of personnel and equipment to any area of the facility in an emergency.
Generator must attempt to designate its primary external emergency response agencies and attempt to make arrangements with them to respond in the event of an emergency. Per the Generator Improvements rule all such attempts must be documented.
Per the Generator Improvements Rule, if appropriate the generator may attempt to make arrangements solely with the Local Emergency Planning Committee (LEPC) for their area.
Facility must attempt to familiarize external emergency response agencies with the layout of its facility, the potential hazards, and other emergency response information. Per the Generator Improvements Rule all attempts must be documented.
Under the Generator Improvements Rule the above requirements apply to hazardous waste accumulated in a Satellite Accumulation Area as well as the Central Accumulation Area.
NJ DEP has the following additional requirements for preparedness and prevention:
NJ DEP has adopted the Federal rule for contingency plan and emergency procedures at a large quantity generator of hazardous waste. These requirements apply solely to an LQG. These regulations were revised by the Generator Improvements Rule.
Facility must have a documented contingency plan designed to minimize hazards to human health and the environment from a fire, explosion, or unplanned release of a hazardous waste.
Contingency Plan to include:
Description of actions facility personnel will take in the event of an emergency.
Arrangements to respond in an emergency agreed to by state and local emergency response agencies.
Name and contact information for emergency coordinators. Note: Generator Improvements Rule no longer requires home address and phone number of emergency coordinators.
Per the Generator Improvements Rule the position title and phone number may be substituted for name of emergency coordinator if facility operates 24 hours/day.
List of all emergency equipment at the facility including its location, a physical description, and its capabilities.
Facility evacuation plan.
Contingency plan may be combined with other emergency response plans at the facility such as the Spill Prevention Control and Countermeasure (SPCC) Plan required for certain facilities by the Clean Water Act, and many others. This combined plan is known as the Integrated Contingency Plan or “One Plan”.
A copy of the contingency plan must be maintained at the facility and copies provided to local emergency response agencies.
After May 30, 2017 the Generator Improvements Rule requires updates to existing contingency plans or new contingency plans submitted by an LQG to include the quick reference guide.
Contingency plan must be reviewed and immediately amended if the facility changes, the regulations changes, or the plan fails in an emergency.
At least one facility employee must function as the emergency coordinator.
Responsibilities of the emergency coordinator:
Activate internal alarms or communication system.
Notify state or local agencies as necessary.
Identify the nature of any emergency.
Assess possible hazards to human health or the environment.
Make external notifications to local, state, and Federal agencies depending on the nature of the emergency.
Ensure the emergency does not spread or recur.
Monitor operations that may shut-down during the emergency to ensure there are no leaks, pressure build-ups, etc.
After the emergency, provide for disposal of any waste.
Ensure no incompatible material enters the contaminated area.
Ensure all emergency response equipment is restored to a useable condition.
Note in the operating record relevant information about the incident.
Submit a written report about the incident to the NJ DEP within 15 days.
NJ DEP has the following additional requirements for the contingency plan:
None
Reporting of Spills, Releases and Emergencies:
Facility Type
Call the DEP Hotline
1-877-WARN DEP (1-877-927-6337)
ANY FACILITY (Except Drinking and Waste Water)
Immediately (within 15 minutes) upon the discharge of any contaminant to the environment.
Drinking Water Facilities
Within 6 hours of an emergency that affects water quality or pressure.
Waste Water Facilities
Within 2 hours of exceeding an effluent limit, discharging toxics or hazards not in a permit, experiencing an upset or bypass.
On-Site Management of Hazardous Waste for LQG and SQG:
NJ DEP has adopted the Federal Rule for the on-site management of hazardous waste with some state-specific modifications.These regulations have been revised by the Generator Improvements Rule. The regulations for 0n-site management of hazardous apply to both a large quantity generator and a small quantity generator of hazardous waste except as indicated below.
Hazardous waste may be accumulated in any of four accumulation units:
Containers: any portable receptacle.
Tanks: stationary, man-made materials, and designed to contain hazardous waste.
Drip pads: unique to the wood-preserving industry.
Containment buildings: an actual building with doors and windows provides containment for large bulky waste.
Note: This document will address the on-site management of hazardous waste in containers. Please contact me directly if you have questions about the on-site management of hazardous waste in any of the other three accumulation units.
Hazardous waste container:
Containers managed to prevent rupture or leakage.
Containers in good condition
Containers compatible with contents.
Containers kept closed except when adding or removing hazardous waste.
Hazardous waste or hazardous waste residue must not be present on the outside of the container.
Weekly inspections must not be more than seven days apart.
During inspection, must look for:
Leaking containers.
Deterioration of containers caused by corrosion or other factors.
NJDEP highly recommends that a written inspection log be maintained, though it is not required.
NJ DEP has the following additional requirements for accumulation of hazardous waste containers at an LQG or SQG:
NJDEP recommends secondary containment for certain hazardous waste containers (identified below) in order to minimize the potential for breakage the consequences of breakage if it were to occur:
Liquid hazardous waste in glass containers stored on the floor.
All liquid hazardous waste in containers with a capacity of <4 liters, regardless of storage location.
NOTE: In general, secondary containment is to be used as a means of preventing incompatibles from interacting in the event of breakage and/or spillage. Hazardous waste are to be segregated by hazard class and stored in separate cabinets, trays, or pans.
On-site management of hazardous waste for large quantity generator only:
Accumulate hazardous waste on-site for no more than 90 days. Accumulation of hazardous waste beyond this time requires a permit. An extension of up to 30 days may be granted by NJ DEP if requested for extreme emergencies.
Containers of Ignitable (D001) and Reactive (D003) hazardous waste must be more than fifty (50) feet from the facility property line. The Generator Improvements Rule now allows for an exception to this rule may be granted by the authority having jurisdiction (AHJ) over the fire code.
RCRA air emission standards apply as follows:
Applicable to hazardous waste in containers with average VO (volatile organic) concentration at the point of waste origination of equal to or greater than 500 parts per million by weight (ppmw).
Not applicable to containers of ≤0.1 m3 (~26.4 gallons) or to hazardous waste in a satellite accumulation area.
Accumulate in container that meets UN standards for packaging used for transportation of hazardous material per USDOT regulations at 49 CFR 178.
Accumulate in container equipped with a cover and closure devices that form a continuous barrier over the container openings such that when the cover and closure devices are secured in the closed position there are no visible holes, gaps, or other open spaces into the interior of the container.
Per the Generator Improvements Rule an LQG may receive hazardous waste consolidated from one or more very small quantity generators under the following conditions:
LQG and VSQG(s) must be under the control of the same person as that term is defined.
LQG must notify NJ DEP at least thirty (30) days prior to receiving first shipment from VSQG. Notification must be made using EPA Form 8700-12.
LQG must maintain records of shipments of hazardous waste from VSQG.
LQG must manage consolidated waste in compliance with regulations applicable to LQG.
Date of initial accumulation marked on hazardous waste container is the date it was received on-site.
Consolidated hazardous waste from VSQG(s) is not subject to Land Disposal Restrictions.
LQG must report receipt and off-site transportation of hazardous waste on biennial report.
Requirements for a VSQG to consolidate its hazardous waste at an LQG are in the section of this document for VSQG management of hazardous waste.
NJ DEP has the following additional requirements for the management of hazardous waste at an LQG:
None
On-site management of hazardous waste for small quantity generator only:
Accumulate hazardous waste on-site for no more than 180 days. Accumulation of hazardous waste beyond this time requires a permit. An extension of up to 30 days may be granted by NJ DEP if requested for extreme emergencies.
An SQG may accumulate hazardous waste on-site for up to 270 days if the Treatment, Storage, and Disposal Facility (TSDF) it must use is located more than 200 miles away. Approval is not required from NJ DEP in order to use this extension.
At no time may an SQG accumulate more than 6,000 kg (13,228 lbs) of hazardous waste on-site.
NJ DEP has the following additional requirements for the management of hazardous waste at an SQG:
None
Satellite Accumulation of Hazardous Waste:
NJ DEP has adopted the Federal Rule for the management of hazardous waste in satellite accumulation area. The option to accumulate hazardous waste in a satellite accumulation area is available to both an LQG and SQG. These regulations have been revised by the Generator Improvements Rule.
Limited to containers only, no tanks.
Container must be at or near point of generation of hazardous waste.
Container must be under the control of the operator of the process generating the hazardous waste.
No more than 55 gallons of hazardous waste or 1 quart or 1 kilogram of acute hazardous waste in a single satellite accumulation area. The Generator Improvements Rule establishes a limit of 1 quart for liquid acute hazardous waste or 1 kilogram for a solid acute hazardous waste.
NJ DEP allows for more than 55 gallons of hazardous waste in a single satellite accumulation area if each type of waste is maintained in a separate container. In that case each container must accumulate no more than 55 gallons of hazardous waste.
No limit on number of satellite accumulation areas in a facility or the aggregate volume of hazardous waste maintained in satellite accumulation areas.
Containers must be marked with the following:
“Hazardous Waste”
Per the Generator Improvements Rule, some indication of the hazards of the waste, e.g. “Ignitable”.
May have more than one container in a single satellite accumulation area.
May have more than one type of hazardous waste in a single satellite accumulation area.
When 55 gallon or 1 quart / 1 kilogram threshold is reached, hazardous waste container must be immediately dated. Generator is allowed three calendar days to move the hazardous waste container from the satellite accumulation area to the central accumulation area (aka: 90/180 day accumulation area). Once moved to the central accumulation area, the generator may re-date the container and accumulate it on-site for the number of days appropriate for their hazardous waste generator status.
Container in satellite accumulation area must be kept closed except when adding or removing hazardous waste. Container must be maintained in good condition.
Containers in satellite accumulation areas are not subject to the following:
Training requirements for facility personnel, though training is still highly recommended.
Weekly container inspections, though recommended.
RCRA air emission standards of 40 CFR 265, Subpart CC.
Hazardous waste managed correctly in a satellite accumulation area is not subject to on-site accumulation time limits.
Hazardous waste managed in a satellite accumulation area continues to be counted towards a generators hazardous waste generator status.
NJ DEP has the following additional requirements for the management of hazardous waste in a satellite accumulation area:
It is the interpretation of NJ DEP that hazardous waste containers that are connected to a laboratory apparatus or a piece of equipment, are not considered part of the process and are therefore subject to SAA requirements.
Management of Hazardous Waste by a very small quantity generator (VSQG)
NJ DEP has adopted the Federal rule for the management of hazardous waste by a very small quantity generator. These regulations have been revised by the Generator Improvements Rule.
In order to maintain its status as a very small quantity generator of hazardous waste a VSQG must comply with the following:
Complete the hazardous waste determination for all waste generated. While maintaining a record of the hazardous waste determination is not required, it is recommended.
Do not accumulate ≥1,000 kg of hazardous waste on-site at one time. If so, the VSQG becomes subject to all of the requirements of a small quantity generator (SQG).
Treat or dispose of hazardous waste on-site or ensure delivery to an off-site treatment, storage or disposal facility. Whether on-site or off, the TSDF must be one of the following:
Permitted by the USEPA to manage hazardous waste.
Authorized by a state to manage hazardous waste if that state has an authorized hazardous waste program under RCRA. This state authorization does not require a permit. It could include a household hazardous waste collection site that is authorized by NJ DEP.
Permitted by a state to manage municipal solid waste.
Permitted by a state to manage non-municipal non-hazardous waste.
Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation.
For universal waste, a universal waste handler or destination facility subject to the requirements of part 273 of this chapter.
The Generator Improvements Rule allows a VSQG to consolidate its hazardous waste at an LQG under the following conditions:
LQG and VSQG(s) must be under the control of the same person as that term is defined.
VSQG marks hazardous waste containers with the words “Hazardous Waste” and an indication of the hazards.
Requirements for an LQG to consolidate hazardous waste from a VSQG(s) are identified in the section of this document for LQG management of hazardous waste.
NJ DEP has the following additional requirements for the management of hazardous waste at a VSQG:
None
On-Site Management of Universal Waste:
NJ DEP has adopted the Federal rule for the on-site management of universal waste.
Four (4) types of universal waste facilities:
Small Quantity Universal Waste Handler
Large Quantity Universal Waste Handler
Universal Waste Destination Facility
Universal Waste Transporter
Universal waste handler may not treat, dispose, recycle, or dilute universal waste.
Spills and leaks must be cleaned up immediately to prevent them from becoming a release.
Universal waste must be labeled as one of the following:
“Universal Waste”
“Waste”
“Used”
Except for universal waste lamps, containers for universal waste are required only if the universal waste shows evidence of leakage, spillage, or damage that could cause leakage under reasonably foreseeable condition.
If a container is required for a universal waste (see above) it must be closed, structurally sound, and compatible with its contents.
Universal waste lamps must be kept in closed containers.
Universal waste may be accumulated on-site for no more than one year. However, NJ DEP allows the on-site accumulation of universal waste to exceed one year under the following conditions:
Handler is able to demonstrate (burden of proof is on the handler) that additional time is necessary in order to facilitate off-site disposal or recycling. g. After one year of on-site accumulation a 5-gallon container of universal waste batteries is only ½ full. Therefore, more time is required to accumulate a full container which will then be shipped off-site for recycling.
Universal waste handler must provide training for employees applicable to handler status.
Small quantity handler must “inform” employees who work with or around universal waste how to manage it in compliance with the regulations and how to respond to a universal waste spill, leak, or emergency.
Large quantity handler must “ensure” all employees who work with or around universal waste are “thoroughly familiar” with how to manage it in compliance with the regulations and how to respond to a universal waste spill, leak, or emergency.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
NJ DEP has the following additional requirements for the management of universal waste:
Deliberate crushing of universal waste lamps precludes their management as universal waste and requires their management as a hazardous waste. In addition, handlers of universal waste that operate a bulk/lamp crushing machine must obtain an air permit from NJ DEP for its operation.
Oil-based finishes must be managed in either its original or otherwise appropriate and labeled packaging.
A handler of universal waste oil-based finishes shall not in any way process any oil-based finishes, to include but not limited to opening, prepackaging, blending, or filtering. A universal waste handler that wishes to process oil-based finishes shall apply for a Class D recycling center approval from NJ DEP.
Containers or packages containing oil-based finishes shall be managed in an area equipped with a secondary containment system.
On-Site Management of Used Oil:
NJ DEP has adopted the Federal rule for the on-site management of used oil. Requirements for used oil generators include:
No on-site accumulation time limit.
May be accumulated in tanks or containers.
Tanks or containers must be labeled “Used Oil”.
Spills and leaks must be cleaned up immediately.
Used oil may not be used for dust suppression.
May self-transport ≤55 gallons at a time in company owned vehicles to a registered collection site or another location owned by the generator.
Third party transporters of used oil (this does not include self-transport described above) must have a USEPA Identification Number.
Though not recommended by NJDEP, a Very Small Quantity Generator of hazardous waste may mix their hazardous waste with used oil and continue to manage it as used oil.
NJ DEP has the following additional requirements for the management of used oil:
None
On-Site Management of Non-Hazardous Waste:
Federal regulations do not contain requirements for a generator’s management of non-hazardous waste other than its disposal in an approved Treatment Storage or Disposal Facility (TSDF). States are encouraged under Subtitle D of RCRA to create their own regulations for the management of non-hazardous waste.
NJ DEP has the following additional requirements for the management of non-hazardous waste:
In New Jersey, a non-hazardous industrial waste must be managed on-site in a manner that does not cause harm to the environment or create a nuisance. In addition, non-hazardous industrial waste must be disposed of in a state-approved or RCRA permitted facility.
Generators of Regulated Medical Waste in New Jersey must comply with the following:
Register as generator of Regulated Medical Waste.
Store regulated medical waste safely & securely.
Label containers of regulated medical waste w/ one of the following:
As of September 5, 2006, the uniform hazardous waste manifest (EPA Form 8700-22) and its continuation sheet (EPA Form 8700-22A) must be used in every state to track hazardous waste shipments from cradle-to-grave. Since that date generators of hazardous waste in all states must complete and use the uniform hazardous waste manifest as required by Federal regulation. Some variations between state and Federal regulations remain however, with some states mandating some or all of the following:
Use of the uniform hazardous waste manifest for state-specific wastes that are not identified as hazardous per the Federal Rule.
Entry of state-specific waste codes along with Federal hazardous waste codes in section 13 of the uniform hazardous waste manifest.
More restrictive exception reporting.
More extensive responsibilities under the waste minimization certification.
Submittal of copies of the uniform hazardous waste manifest to the state environmental agency.
USEPA requires the use of the Uniform Hazardous Waste Manifest for both large quantity generators and small quantity generators of hazardous waste – but not VSQGs – without regard for state regulations. It is the responsibility of the generator of the waste to ensure the manifest is obtained from a registered printer.
NJ DEP requires the following distribution of the Uniform Hazardous Waste Manifest after Transporter 1 signature:
Copy 1: Facility designated on manifest to receive hazardous waste must submit this copy to their state environmental agency, if required. NJ DEP does not require this submittal.
Copy 2: Facility designated on manifest to receive hazardous waste must submit this copy to the generator’s state environmental agency, if required. NJ DEP does not require this submittal.
Copy 3: Facility designated on manifest to receive hazardous waste must submit this copy to the generator of the hazardous waste within a specified time-frame (refer to the requirements of the Exception Report below).
Copy 4: This copy is kept by the facility designated on the manifest to receive the hazardous waste.
Copy 5: This copy is kept by Transporter 1. If additional transporters are involved in the transport of the hazardous waste to the designated facility they must make copies of the manifest for their use.
Copy 6: This copy is left with the generator of the hazardous waste after it is signed by Transporter 1. It may be discarded by the generator only after it receives copy 3.
NJ DEP has the following additional requirements for the use of the uniform hazardous waste manifest by hazardous waste generators.
None
The Exception Report:
NJ DEP follows the Federal rule for the Exception Report.
A Large Quantity Generator of hazardous waste must contact the initial transporter or the Designated Facility identified on the Uniform Hazardous Waste Manifest if it has not received a copy of the manifest signed by the Designated Facility within 35 days of the date the manifest was accepted – and signed – by the initial transporter.
An LQG must submit an Exception Report to the NJ DEP if it has not received a copy of the manifest signed by the Designated Facility within 45 days of the date the manifest was accepted – and signed – by the initial transporter.
A Small Quantity Generator of hazardous waste must submit a legible copy of the manifest with some indication it has not received confirmation of delivery to the NJ DEP if it has not received a copy of the manifest signed by the Designated Facility within 45 days of the date the manifest was accepted – and signed – by the initial transporter.
NJ DEP has the following additional requirements for the Exception Report:
None
The Waste Minimization Statement:
NJ DEP follows the Federal Rule for the Waste Minimization Statement.
Reference is made to the Waste Minimization Statement (40 CFR 262.27) in the Generator’s/Offeror’s Certification in Section 15 of the Uniform Hazardous Waste Manifest. It reads: “I certify that the waste minimization statement identified in 40 CFR 262.27(a) (If I am a large quantity generator) or (b) (if I am a small quantity generator) is true.”
The Waste Minimization Statement for a Large Quantity Generator of hazardous waste reads: “I am a large quantity generator. I have a program in place to reduce the volume and toxicity of waste generated to the degree I have determined to be economically practicable and I have selected the practicable method of treatment, storage, or disposal currently available to me which minimizes the present and future threat to human health and the environment;”
The Waste Minimization Statement for a Small Quantity Generator of hazardous waste reads: “I am a small quantity generator. I have made a good faith effort to minimize my waste generation and select the best waste management method that is available to me and that I can afford.”
NJ DEP has the following additional requirements for the waste minimization certification:
None
Off-Site Transportation of Hazardous Waste:
NJ DEP has adopted the Federal Rule for the requirements of a generator of hazardous waste when offered for transportation off-site. These regulations have been revised by the Generator Improvements Rule. None of the following applies to a very small quantity generator of hazardous waste; for the responsibilities of a VSQG refer to that section of this document.
The hazardous waste transporter must have a USEPA Identification Number.
The Treatment Storage and Disposal Facility (TSDF) must have a USEPA Identification Number.
Before transporting or offering for transportation off-site the generator must ensure the hazardous waste is packaged in accordance with applicable U.S. Department of Transportation (DOT) regulations.
Before transporting or offering for transportation off-site the generator must affix the HazMat Label(s) and marks required by DOT regulations.
Before transporting or offering for transportation off-site the generator must mark containers of 119 gallons or less with the following:
“HAZARDOUS WASTE – Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.”
Generator’s Name and Address .
Generator’s EPA Identification Number .
Manifest Tracking Number .
Hazardous Waste Codes . (Required by the Generator Improvements Rule)
Before transporting or offering for transportation off-site the generator must placard or offer the appropriate placards to the initial transporter as required by DOT regulations.
NJ DEP has the following additional requirements for the off-site transportation of hazardous waste:
None
Interested in a Webinar that covers this topic, and more!
NJ DEP has adopted the Federal Rule for reporting hazardous waste generation and management.
Notification of Regulated Waste Activity:
Facilities are required to submit an Initial Notification of Regulated Waste Activity Form (Federal Form 8700-12) prior to beginning any of the following activities:
Large Quantity Generator or Small Quantity Generator of hazardous waste.
Hazardous waste transporter or transfer facility.
Hazardous Waste Treatment, Storage, or Disposal Facility.
Large Quantity Handler or Destination Facility for universal waste.
Hazardous waste recycler.
Transport, process, or re-refine used oil; burn off-spec used oil for energy recovery; or market used oil.
Eligible academic entity opting into 40 CFR 262, Subpart K.
Managing a hazardous secondary material.
Facilities are required to submit a Subsequent Notification of Regulated Waste Activity Form (Federal Form 8700-12) for any of the following activities:
Change to site con or ownership.
Change to type of RCRA Subtitle C activity conducted.
An eligible academic entity opting into or out of regs for managing lab hazardous wastes at 40 CFR 262, Subpart K.
Change to management of hazardous secondary material.
NJ DEP has the following additional requirements for the initial and subsequent notification of regulated waste activity:
None
Biennial Hazardous Waste Report:
Large Quantity Generators of hazardous waste (not SQGs or VSQGs) must submit the Biennial Hazardous Waste Report by March 1st of every even-numbered year for the previous calendar year.
NJ DEP has the additional reporting responsibilities for hazardous waste generators of New Jersey:
None
Recordkeeping:
NJ DEP has adopted the Federal rule for recordkeeping of documents demonstrating compliance with the RCRA regulations. In general, an LQG or SQG must maintain copies of documents as a record for three years from its effective date.
I don’t mean to scare you, but this is important and I had to get your attention with the title. I’ve provided training and seen businesses all over this country in the past few years and I’ve observed these same violations time and again.
The bad news? An agency inspection – State or Federal – that results in the discovery of these violations could result in serious fines, even if no one was hurt or the environment damaged.
The good news? These violations – if you have them – are so easy to fix! Just an hour or two of time dedicated to them and you can be back in compliance before you go home today.
Disclaimer and Limitations:
I haven’t seen your facility (though I’d love to! Contact me for a free consultation and site visit that accompanies your Onsite Training) so I don’t know for sure what your status is with the environmental regulations. Also, I can only address the regulations of the U.S. Environmental Protection Agency (EPA) in this article. You may have more strict – or at least different – regulations of your state of which I am not aware. Once again, my Onsite Training is a great way to be trained on, and receive help coming into compliance with, state regulations if you do business in a state with an authorized hazardous waste program.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
So, in no particular order, those violations and the simple fixes:
Violation #1:
Identifying a used oil tank or container as anything other than “Used Oil”. Unless you do business in Pennsylvania where it is identified as “Waste Oil” or California where it is “Hazardous Waste Used Oil”, the Federal regulations, and every state I am aware of, require a used oil generator to label containers, tanks and fill pipes for used oil as “Used Oil”. 40 CFR 279.22(c) couldn’t be more clear:
(c) Labels. (1) Containers and aboveground tanks used to store used oil at generator facilities must be labeled or marked clearly with the words “Used Oil.”
(2) Fill pipes used to transfer used oil into underground storage tanks at generator facilities must be labeled or marked clearly with the words “Used Oil.”
The Fix for Violation #1:
Print out “Used Oil” labels and affix them to every container or tank that contains used oil. That will do for today. Tomorrow, have someone create a stencil for “Used Oil” or devise some more durable form of identification.
Not marking hazardous waste containers with the date of initial hazardous waste accumulation; i.e. the calendar date that the “first drop” of hazardous waste was placed in the container and the words “Hazardous Waste”. It’s simple really, the day that hazardous waste is first placed in a container it must be marked with the words “Hazardous Waste” and the date. This requirement applies to a large quantity generator of hazardous waste (LQG) per 40 CFR 262.34(a)(2 & 3):
(2) The date upon which each period of accumulation begins is clearly marked and visible for inspection on each container;
(3) While being accumulated on-site, each container and tank is labeled or marked clearly with the words, “Hazardous Waste”; and
It also applies to a small quantity generator of hazardous waste (SQG) per 40 CFR 262.34(d)(4), which refers back to the LQG responsibility at §262.34(a)(2 & 3):
(4) The generator complies with the requirements of paragraphs (a)(2) and (a)(3) of this section, the requirements of subpart C of part 265, with all applicable requirements under 40 CFR part 268; and
The following are not subject to these regulations:
A conditionally exempt small quantity generator of hazardous waste (CESQG).
An LQG or SQG that accumulates hazardous waste in a what’s commonly known as a “satellite accumulation area” pursuant to 40 CFR 262.34(c).
The Fix for Violation #2:
If you’re and LQG or SQG, take a walk around and make sure that every hazardous waste container – unless in a satellite accumulation area – is marked with the accumulation start date and “Hazardous Waste”. It doesn’t have to be fancy, it doesn’t have to be a pre-printed label, it doesn’t have to have any information other than what is indicated here (check with your state to be sure). Just make sure it is visible to your Hazardous Waste Personnel and to an inspector.
Violation #3:
Hazardous waste containers at an LQG or SQG that are not closed as required by 40 CFR 265.173(a), a section within 40 CFR 265, subpart I which is referred to as a requirement for both an LQG and an SQG.
(a) A container holding hazardous waste must always be closed during storage, except when it is necessary to add or remove waste.
“Closed” sounds like it should be easy to describe, but it’s not. It can be summarized as a performance standard that requires the container to be vapor-tight so there is no detectable release of vapors without the use of instruments and to be spill-proof so there will be no release of a hazardous waste even when the container is knocked over. That’s a pretty high standard and requires more than just a container’s lid held snugly in place.
The Fix to Violation #3:
If a container uses bungs or bolts for its closure, ensure they are in use at all times. Long-term training employees and providing them with the right tools will help ensure you stay in compliance. These latching lids from New Pig are one way to ensure compliance without hindering your employees access to the containers.
A small quantity generator of hazardous waste that has not posted emergency contact information near its external communication devices. While a good idea for all hazardous waste generators – and indeed, all businesses regardless of the hazardous waste generated – EPA regulations at 40 CFR 262.34(d)(5)(ii) mandate this simple measure only for the SQG:
(ii) The generator must post the following information next to the telephone:
(A) The name and telephone number of the emergency coordinator;
(B) Location of fire extinguishers and spill control material, and, if present, fire alarm; and
(C) The telephone number of the fire department, unless the facility has a direct alarm.
You may want to check with your state environmental agency, but below I’ve provided a document from the Michigan DEQ website that meets the EPA requirements and likely that of your state as well. Just be sure to remove the reference to the “Michigan Pollution Emergency” phone number at the bottom of the page.
You must post this information near any communication device that would be used in an emergency to contact emergency response personnel outside of the facility.
Violation #5:
Universal waste containers not identified with one of the following options:
“Universal Waste xxxxx”
“Waste xxxxx”
“Used xxxxx”
“xxxxx” in the above could be: “Battery(ies)”, “Lamp(s)”, “Mercury-Containing Device(s)”, or “Pesticides”. Or it could be a universal waste specific to your state. Both a small quantity handler and a large quantity handler of universal waste must comply with this simple requirement per 40 CFR 173.14(a) or §173.34(a):
(a) Universal waste batteries (i.e., each battery), or a container in which the batteries are contained, must be labeled or marked clearly with any one of the following phrases: “Universal Waste—Battery(ies),” or “Waste Battery(ies),” or “Used Battery(ies);”
The Fix for Violation #5:
“Simple” and yet so often done incorrectly. Don’t label your universal waste containers as “Bad lamps” or “Batteries to Recycle”, or “spent batteries”, or whatever else you can think of that is not one of the three available options.
No fancy labels are required. Just print them and slap them on the container, or nearby if you have a distinct storage area.
That’s enough for now!
Sure there are more, for starters:
Not managing your hazardous waste container at or near the point of generation when in a satellite accumulation area per 40 CFR 262.34(c).
Not including the home address and phone numbers of the emergency coordinators identified in your contingency plan.
Accumulating hazardous waste on-site in excess of the time and/or volume limits of your hazardous waste generator status.
Not completing a documented hazardous waste determination for all waste generated.
More…
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
Those violations are more complicated to explain and the solutions will take more of your time. The five I’ve identified here are common occurrences with simple fixes. If you have any other questions regarding your compliance with the hazardous waste regulations of the USEPA or of your state, please don’t hesitate to contact me. I’ll help you with the easy stuff and the hard stuff.
Anyone who generates used oil filters should use this tool to ensure the proper removal of used oil from their oil filters prior to disposal or recycling.
Contact Information: Suzanne Skadowski, EPA Region 10 Public Affairs, 206-295-4829, skadowski.suzanne@epa.gov
(Seattle – September 30, 2013) The City of Tacoma has settled with the U.S. Environmental Protection Agency for violating federal rules on used oil contaminated with toxic polychlorinated biphenyls or PCBs.
“Today’s settlement should serve as a reminder that handling used oil requires attention to the requirements designed to prevent the distribution of PCBs,” said Edward Kowalski, Director of EPA’s enforcement program in Seattle. “Simple testing for PCBs before shipping used oil off-site helps protect people and the environment and prevents contamination of oil that can otherwise be recycled and reused.” According to EPA, the City of Tacoma shipped 750 gallons of used oil contaminated with PCBs from the City’s landfill to Emerald Services, an oil recycling and reuse company. The City did not know that the used oil was contaminated with PCBs before they shipped the oil. Emerald Services found the problem during their routine oil testing and was able to trace the PCB-contaminated oil to the City’s shipment. EPA discovered the violations when Emerald Services provided a waste report to EPA, as required by federal regulations, describing the PCB waste. The City’s oil shipment resulted in the PCB contamination of approximately 8,250 gallons of used oil at Emerald Services. Under federal rules, Emerald Services could not recycle the PCB-contaminated oil, and instead was required to dispose of the used oil as hazardous waste. To settle the violations, the City of Tacoma has agreed to pay a $40,000 federal penalty. PCBs are chemicals used in paints, industrial equipment, and cooling oil for electrical transformers. More than 1.5 billion pounds of PCBs were manufactured in the U.S. before EPA banned their production in 1978, and many PCB-containing materials are still in use today. When released into the environment, PCBs remain for decades. Tests have shown that PCBs cause cancer in animals and are suspected carcinogens in humans. Concerns about human health and the persistence of PCBs in the environment led Congress to enact the Toxic Substances Control Act in 1976. More about safely recycling oil: http://www.epa.gov/osw/conserve/materials/usedoil/index.htm
Read more about the Management of Used Oil. It is important to note that oil containing PCB’s cannot meet the definition of a Used Oil and therefore cannot be managed per 40 CFR 279. PCB-containing oil must be handled per the TSCA (Toxic Substances Control Act) regulations of 40 CFR 761, and not the RCRA regulations of 40 CFR 239-299. It is not managed as a hazardous waste as the 3rd paragraph of the above news release reports.
Though not a hazardous waste, a used oil is still subject to regulations governing its composition, on-site management, and off-site disposal. Make certain you are in compliance with these regulations and everything else required by RCRA. The cost of training is slight compared to fines like these. Please don’t hesitate to contact me with questions about the management of used oil, hazardous waste, universal waste, and more.
Benjamin Franklin Pass, 60, and P&W Waste Oil Services Inc. of Wilmington, N.C., pleaded guilty today in federal court in the Eastern District of North Carolina for violations of the Toxic Substances Control Act, as well as for making false statements and failing to pay several years of taxes, announced the Department of Justice’s Environment and Natural Resources Division and the U.S. Attorney’s Office for the Eastern District of North Carolina. The defendants admitted to, among other things, the unlawful handling of a toxic substance that resulted in widespread contamination.
The P&W facility in Leland, N.C., included a tank farm consisting of multiple tanks ranging from 20,000 gallons to 500,000 gallons. The facility is located approximately 500 feet to the east of the Cape Fear River and a federally recognized wetland.As part of its business operations, P&W transported, processed and marketed used oil contaminated with polychlorinated biphenyls (PCBs). P&W received the used oil from small and large companies, such as automotive service stations, transformer repair companies and marinas. P&W also conducted tank cleaning and waste removal.According to the charges filed in federal court in Raleigh, N.C., and information stated in open court, the defendants knowingly failed to comply with regulations covering PCB-contaminated used oil by unlawfully transporting, storing and disposing of used oil contaminated with PCBs. Specifically, in July 2009, an employee transported waste oil containing fluid from five PCB transformers from a site in Wallace, S.C., to the P&W facility. The investigation revealed that the waste oil was contaminated with PCB concentrations in excess of 500 parts per million.
“Enforcing our environmental laws is essential to protecting the health of North Carolina’s residents and their natural resources,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “PCBs are well known to pose substantial risks to human health and the environment and must be handled responsibly and lawfully. We will continue to vigorously prosecute those who ignore the laws Congress enacted in order to protect the people and the environment from coming into contact with this toxic substance.”
“This disregard of environmental protections resulted in significant contamination,” said U.S. Attorney for the Eastern District of North Carolina Thomas G. Walker. “The defendant’s conduct placed an economic burden on the United States and an unreasonable risk to the health and safety of the citizens of North Carolina.”
Despite knowledge of the investigation into the defendants’ illegal handling of PCB-contaminated used oil, Pass and an employee of P&W (at Pass’ direction) continued to unlawfully dilute the contaminated used oil. The mishandling of the PCB-contaminated used oil resulted in the wide-spread contamination at the site and other sites, resulting in millions of dollars in cleanup costs.
PCBs pose such an unreasonable risk of injury to human health and the environment that effective Jan. 1, 1978, Congress banned the production of PCBs and mandated that no person may distribute in commerce, or use any PCBs other than in a totally enclosed manner, and directed the U.S. Environmental Protection Agency (EPA) to promulgate rules phasing out the manufacture of PCBs and regulating their disposal.
As part of the plea agreements, Pass agreed to pay $538,587, plus interest, in restitution to the Internal Revenue Service. P&W agreed to pay restitution in the amount of $19 million as compensation to Colonial Oil and International Paper for the costs associated with the storage and proper disposal of PCB-contaminated used oil as well as any monetary losses associated with the illegal handling, storage and transportation of toxic substances. P&W also agreed to a five-year term of probation and to take remedial action to address the environmental contamination at its facility in eastern North Carolina and other leased property in eastern North Carolina, including but not limited to, the proper treatment and/or disposal of PCB-contaminated waste oil.
Currently, efforts are underway to clean up the contamination at P&W’s facility in Leland, N.C., which has been designated a Superfund site by the EPA. Superfund is the name given to the federal environmental program established to clean up the nation’s uncontrolled hazardous waste sites.
“The license to run a business is not a license to avoid paying taxes,” said Richard Weber, Chief, Internal Revenue Service (IRS) Criminal Investigation. “IRS Criminal Investigation provides financial investigative expertise in our work with our law enforcement partners. As today’s announcement shows, our skills support a wide range of investigations. Pass’ plea demonstrates the strength of our collective efforts to enforce the law and ensure public trust.”
“The defendant’s failure to notify EPA of the presence and intentional dilution of PCB-contaminated fuel oil not only posed a risk to public health and the environment, but also demonstrated the level of disregard for the laws that were designed to protect us.” said Maureen O’Mara, Special Agent in Charge of Environmental Protection Agency’s (EPA) criminal enforcement office in Atlanta. “Today’s guilty plea sends a clear message that the government will prosecute those who recklessly endanger the health of our communities and environment by ignoring the law.”
The defendants entered their plea before U.S. District Judge James C. Dever III of the Eastern District of North Carolina.
U.S. Attorney Walker and Acting Assistant Attorney General Dreher praised the efforts of the EPA’s Criminal Investigation Division and the IRS’s Office of Criminal Investigations and the U.S. Coast Guard’s Criminal Investigative Services for their diligent work in the investigation of this matter. Assistant U.S. Attorney Banumathi Rangarajan of the Eastern District of North Carolina and Trial Attorney Shennie Patel of the Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division are the prosecutors in charge of the case.
The Used Oil regulations under the Resource Conservation and Recovery Act (RCRA) allow generators of certain wastes to manage them under a set of standards that are more relaxed than those for hazardous waste, the Used Oil Standard at 40 CFR 279. This is allowed even if the Used Oil exhibits the characteristics of a hazardous waste: Ignitability, Corrosivity, Reactivity, & Toxicity. However, per 40 CFR 279.10(i) the Used Oil Regulations are not applicable if the waste contains PCBs at concentrations of 50 ppm or greater. Wastes with PCB concentrations above the 50 ppm threshold may not dilute the waste in order to lower its concentration (as in this case) unless the dilution is specifically allowed at 40 CFR 761.
Though not regulated as a hazardous waste, the Used Oil Standard is a part of the RCRA regulations and does contain its own specific requirements to ensure compliance. It is just one of the topics I cover thoroughly at my Hazardous Waste Personnel Training Seminars, Onsite Training, and Web-Based Training.
The regulations of the US EPA at 40 CFR 279 allow for the regulation of a waste as a Used Oil provided it is:
Petroleum-based or synthetic,
Used, and;
As a result of its use is contaminated by chemical or physical impurities.
In addition, US EPA presumes Used Oil will be recycled.
A solid waste meeting the above criteria may be managed as a Used Oil even if it exhibits any of the characteristics of a hazardous waste: Ignitability, Corrosivity, Reactivity, or Toxicity but not if it is a listed hazardous waste. Read more about The Management of Used Oil.
What about mixtures of Used Oil and hazardous waste? How will the resulting mixture be regulated? The answers to those questions are the goal of this article.
There are two general situations where a Used Oil may become mixed with a hazardous waste:
Combination takes place during use before the point of generation. This typically is not considered to be mixing of separate wastestreams and is not subject to regulation as such. However, as the generator you must determine if the waste meets the definition of a Used Oil at the point of generation. For example, if anhydrous ammonia becomes mixed with your Used Oil as part of a refrigeration system before the point of generation the combined waste may still be managed as a Used Oil as long as it meets the definition of Used Oil at 40 CFR 279 and summarized above.
The combination (intentional or unintentional) takes place after the point of generation. The combination of two or more distinct wastestreams (in this situation Used Oil and a hazardous waste) puts the burden on you as the generator to first determine if the mixing is allowed by regulation and secondly determine the regulatory status of the resulting mixture. Your determination must consider the regulations of your state.
Is the mixing allowed?
To determine if the mixing is allowed at all you must answer the following two questions:
Is the mixing considered treatment by dilution and therefore prohibited under the Land Disposal Restrictions (LDR) of 40 CFR 268? As we will see later however, the mixing of Used Oil and some hazardous waste may not be subject to the LDR.
Does the mixing meet the definition of Hazardous Waste Treatment at 40 CFR 260.10? If so, the mixing may require a permit though there are many examples where a generator is allowed to treat hazardous waste onsite without a permit.
What is the regulatory status of the mixture?
The mixture of Used Oil and a waste that is hazardous solely for the characteristic of Ignitability may be managed as a Used Oil as long as the mixture does not exhibit the characteristic of Ignitability. The option to manage the mixture as a Used Oil remains even if the mixture exhibits other hazardous characteristics such as Toxicity for lead (D008) which may have been present in the Used Oil before mixing. If the characteristic for Ignitability is exhibited by the mixture, then it may not be managed as a Used Oil and must be managed as a hazardous waste [40 CFR 279.10(b)(2)(iii)].
The mixture of Used Oil and a characteristic hazardous waste (other than an Ignitable-only referred to above) may be managed as a Used Oil only if the mixture does not exhibit any hazardous waste characteristics. If any hazardous waste characteristic is exhibited by the mixture (example: the Toxicity characteristic for lead [D008] is present in the Used Oil) the waste must be managed as a hazardous waste [40 CFR 279.10(b)(2)(ii)].
The mixture of a Used Oil and a listed hazardous waste can be tricky. The simple answer is that the mixing of any listed hazardous waste and Used Oil will result in a mixture that must be managed as a listed hazardous waste [40 CFR 279.10(b)(1)].
However 40 CFR 279.10(b)(2)(ii) indicates that a mixture of an ICR-Only Listed Waste and a Used Oil may be managed as a Used Oil provided the mixture does not exhibit any hazardous waste characteristic. Notice that this citation is the same one that allows you to manage the mixture of Used Oil and a characteristic hazardous waste as Used Oil provided the mixture does not exhibit any characteristic of hazardous waste. This includes those characteristics of hazardous waste that may have been present in the Used Oil before mixing. I advise extreme caution before exercising this option, I will explain further below.
The Land Disposal Restrictions:
The LDR prohibits the dilution of a hazardous waste in order to render it non-hazardous. However, the Used Oil standard at 40 CFR 279.10(b)(2) indicates that mixtures of a Used Oil and some forms of hazardous waste are not subject to the LDR if the mixture does not exhibit any characteristics of hazardous waste; the two types of hazardous waste not subject to the LDR when mixed with Used Oil are:
Hazardous waste that solely exhibit one or more of the hazardous waste characteristics, and;
ICR-Only Listed Waste.
If the mixture is eligible to be managed as a Used Oil, then it is not subject to the Land Disposal Restrictions of 40 CFR 268 – or parts 260-266, 270, & 124 – which means no further treatment is required before disposal.
Why I Advise Extreme Caution Before Exercising the Option of Mixing Used Oil with ICR-Only Listed Waste:
First and foremost, this is my interpretation of the regulations and though it seems clear to me it may not be as clear to your boss, your Used Oil recycler, or the EPA inspector. Also I could be flat-out wrong, it happens.
Secondly you have to decide if interpreting the regulations in this way would benefit you at all. If the benefit is minimal it might not be worth all the hassle of having to constantly justify your position.
From the perspective of a Best Management Practice it is a good idea to keep wastestreams separate and manage them according to their applicable regulations.
And finally, this interpretation is based on the Federal regulations of the US EPA. You must determine the regulations of your state if it is authorized to implement the hazardous waste program (all but Iowa, Alaska, and Puerto Rico are). I have spoken to two states and one regional office on this issue:
Illinois EPA thought it might be allowed, but did not think it was a good idea.
US EPA Region V did not come out and say I was wrong but gave me a list of reasons why it is a bad idea and why they strongly discourage mixing of wastestreams.
Maryland Department of Environment referred me to their state regulations that expressly forbid the mixing of an ICR-Only Listed Waste and a Used Oil [COMAR 26.13.10.05(E)]
As always, the determination of a wastes status is up to you as the generator. The management of that waste in compliance with the regulations depends upon your initial determination; so make your decision with care. Please don’t hesitate to contact me with any questions.
In a previous article I discussed the Used Oil Management Standard of the US EPA found at 40 CFR 279. It allows you to manage a Used Oil according to a reduced regulatory burden even if it has the characteristics of a hazardous waste:
Characteristic Hazardous Waste:
D001 for Ignitability
D002 for Corrosivity
D003 for Reactivity
D004 – D043 for Toxicity
WITH ONE EXCEPTION you may not manage your waste according to the Used Oil Standard if any of the following are true:
The Used Oil is determined to be a listed hazardous waste per 40 CFR 261, Subpart D. See below for guidance on how you may rebut the presumption of your Used Oil being a listed hazardous waste.
The Used Oil has been mixed with a Listed Waste.
The Used Oil has been mixed with a characteristic hazardous waste and the resulting mixture exhibits any of the characteristics of a hazardous waste. However, if a D001 Ignitable hazardous waste is mixed with a Used Oil it may still be managed as a Used Oil even if the resulting mixture exhibits the characteristic of Ignitability.
Read more about Mixtures of Used Oil and Hazardous Waste.
The exception referred to above applies to a Conditionally Exempt Small Quantity Generator (CESQG) of hazardous waste. What this means is that a CESQG may mix any hazardous waste (listed or characteristic) with a Used Oil and manage the resulting mixture as a Used Oil (fb 14627). This exception is not available to Large Quantity Generators and Small Quantity Generators of hazardous waste.
If the mixture contains >1,000 ppm total halogens, then it is subject to the Rebuttable Presumption regulations of the Used Oil Standard. In this case the Presumption may be rebutted by the demonstration that the mixture is an excluded CESQG Used Oil mixture subject to §261.5(j) and §279.10(b)(3).
So, can a CESQG combine all of its hazardous waste (listed and characteristic) with its Used Oil and manage the resulting mixture according to the reduced regulatory requirements of the Used Oil Standard? Yes. Do I recommend this practice? No. Your State Agency and your Used Oil recycler may not be too crazy about it either. In the final, it is your decision and responsibility as the generator of the waste to determine the applicable regulations and to comply with them. My training, both US EPA Hazardous Waste Personnel and US DOT HazMat Employee, will help you to identify the applicable regulations and what you must do to maintain compliance.
If you generate a waste oil as a by-product of your operations (i.e., a generator of Used Oil) you may be able to take advantage of the relaxed regulatory requirements of the U.S. Environmental Protection Agency (USEPA) and those of your state for the management of this waste as a Used Oil. In addition to less restrictions for on-site handling the used oil regulations of the US EPA at 40 CFR 279 provide used oil generators with additional options for transportation and recycling.
A used oil is defined by regulation 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 is worth some repetition in order to emphasize the most important conditions of this definition, a used oil must be…
Refined from crude oil or any synthetic oil; it cannot be a vegetable or animal oil/grease,
Used or unused; and;
Contaminated as a result of its use by physical or chemical impurities (i.e., is too spent or too dirty for continued use).
Refer to Table 1 for further description of what can and cannot be regulated as a used oil.
Table 1:
A Used Oil may be…
A Used Oil Cannot be…
Motor oils
Fuel product storage tank bottoms
Greases
Fuel product spill cleanup material
Emulsions
Unused or virgin oil
Coolants
Animal and vegetable oils and grease
Heating media
Antifreeze
Brake fluids
Materials used as cleaning agents
Transmission fluids
Materials used only for their solvent properties
Other hydraulic fluids
An oil containing >1,000 ppm total halogens
Electrical insulating oils
Metalworking fluids
Refrigeration oils
If your used oil meets the above definition, then it may be managed per the used oil regulations even if it meets the definition of a characteristic hazardous waste. You may not, however, use the used oil option if it contains a listed hazardous waste. Table 2 contains a summary of characteristic and listed hazardous waste.
Table 2:
Characteristic Hazardous Waste
Listed Hazardous Waste
Description
Waste Codes
Description
Waste Codes
Ignitable
D001
Non-Specific Sources
F001 – F039
Corrosive
D002
Specific Sources
K001 – K181
Reactive
D003
Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof (Acute).
P001 – P205
Toxic
D004 – D043
Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof (Toxic).
U001 – U411
Applicability of Used Oil Regulations:
Proper identification on a used oil container.
Even if the above definition is met, there are some instances where you may not be able to take advantage of the used oil option. The used oil regulations are designed to encourage recycling but also protect the environment; this requires the exclusion of some waste from management as a used oil.
First, it is assumed that all used oil generated will be recycled instead of disposed as a waste. This allows you as the generator to comply with the used oil regulations regardless if a transporter, processor, or other handler down the line decides to dispose of it as a waste instead of recycle. In that case the burden of complying with the applicable hazardous waste regulations lies with the handler who chooses disposal over recycling and does not impact your handling of it as a used oil.
One way your oil may be ineligible for management as a used oil is because of something known as the “Rebuttable Presumption”. It works like this: at some point prior to recycling your used oil must be sampled and analyzed to determine its total halogen content (fluorine, chlorine, bromine, iodine, or astatine) by the transporter, processor, re-refiner,transfer facility, or other handler – a generator may perform the analysis but it is not required. If the results of this test indicate the total halogen content is >1,000 ppm, then the used oil is presumed to contain a spent chlorinated solvent and to be a listed hazardous waste from a non-specific source with the waste codes of either F001 or F002 (see Table 2). This presumption, known as the “Rebuttable Presumption”, precludes the waste’s management as a used oil unless you as the generator are able to do one of the following:
Find an exemption/exclusion from the “Rebuttable Presumption”.
Rebut the presumption by demonstrating the oil does not contain a listed hazardous waste.
A second way your oil may be ineligible for the used oil option is if it has been mixed with a characteristic hazardous waste and the resulting mixture exhibits any of the characteristics of a hazardous waste; an exception to this exists for a waste that is hazardous solely for the characteristic of ignitability. If an ignitable hazardous waste is mixed with a used oil the resulting mixture may be managed as a used oil as long as it doesn’t display the characteristic of ignitability.
And, of course, the mixture of an oil with any listed hazardous waste precludes its management as a used oil.
See Table 2 for a summary of characteristic and listed hazardous waste.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
The used oil regulations contain specific requirements for generators, they include:
Label containers, above-ground tanks, and underground tank fill pipes as “Used Oil”. This is very important, labeling as “Waste Oil”, “Bad Oil”, “Oil for Recycling”, etc. is frequently cited as a violation by the US EPA. Pennsylvania is the only State that identifies this waste as “Waste Oil”.
Maintain used oil containers and tanks in good condition with no leaking.
If a leak or spill occurs, promptly clean it up with dry methods and dispose of any waste properly.
Also, you should…
Comply with your State’s applicable requirements for the storage of flammable, combustible, and hazardous materials.
Comply with the US EPA Spill Prevention, Control and Countermeasure (SPCC) regulations of the Clean Water Act if your on-site storage of all oil is above threshold amounts.
Transportation of Used Oil:
The used oil transporter you select must comply with the following:
Have a US EPA identification number. It may also require a State solid waste transportation license, check with your State.
Meet all applicable regulations of the US DOT for the transportation of hazardous materials.
Comply with the used oil regulations (Federal and State) applicable to used oil transporters.
There is a special arrangement you may be able to make with your transporter known as the tolling arrangement that removes the requirement for the transporter to have a US EPA identification number. To be eligible for the tolling arrangement the used oil must be reclaimed under a contractual agreement where the reclaimed oil is returned by the processor or re-refiner to the generator for use as a lubricant, cutting oil or coolant.
Management Options for Used Oil:
A used oil generator also has some options available that make the management and disposal of used oil even easier and possibly a net benefit:
You may self-transport up to 55 gallons of your own used oil to a registered used oil collection center or between your facilities to a central aggregation point. You may also transport used oil collected from household do-it-yourselfers or small farmers (those who generate an average of <25 gal/month of used oil in a calendar year) to your facility or an aggregation point. In either case, the transportation must be in a company or employee-owned vehicle.
You may filter, clean, or otherwise recondition used oil for reuse on-site.
You may burn used oil on-site in a space heater if all of the following conditions are met:
Maximum design capacity of the heater is ≤500,000 BTU”s/hour.
Combustion gases are vented to the outside.
Sources of used oil are limited to: on-site generation or other locations owned by the company (you can use self-transportation to aggregate volumes) or receive directly (without a middle-man or used oil marketer) from household do-it-yourselfers or small farmers.
Managed in surface impoundments or waste piles unless permitted.
Used as a dust suppressant.
Burned in a non-exempt boiler or space heater (see above).
Conclusion:
Used oil is a type of waste the USEPA believes can be managed in a way that protects human health and the environment without resorting to full regulation as a hazardous waste under the Resource Conservation and Recovery Act (RCRA). For this reason the used oil regulations were created. Make certain that you comply with the relaxed regulatory requirements and take advantage of the options available to you as a generator of used oil.
