Identify waste

• Waste must be classified at the point of generation, before any mixing or other alteration of the waste occurs.
• Before making a waste determination for a particular waste, identify all the waste streams at the facility.

When most people talk about a waste, they mean anything that is thrown away. But in regulatory terms, the definition of a waste is very specific. Anything that is still being used, or that is intended to be used or sold, is not a waste. Once a company decides to dispose of it, then it becomes a waste.

Waste must be classified at the point of generation, before any mixing or other alteration of the waste occurs. The “point of generation” is the point at which the material is first identified as a solid waste.

Waste identification is an ongoing obligation. In the case of a waste that may, at some point during its management, exhibit a hazardous waste characteristic, the generator must monitor and reassess the waste.

Before making a waste determination for a particular waste, identify all the waste streams at the facility. This is called a waste survey, and it involves identifying all the wastes — both hazardous and non-hazardous — at the facility.

Once all of the waste streams have been located, the business must identify, or characterize, each waste. To do this:

• Characterize the waste using internal expertise,
• Hire a consultant,
• Use the services of the waste disposal company, or
• Use a combination of all three options above.

To identify a waste, ask the following questions:

• Is it a solid waste?
• Is it an excluded solid waste?
• Is it a hazardous waste?
• Is it exempted from the definition of a hazardous waste?
• Is it a listed waste?
• Is it a characteristic waste?

The flow chart below considers all these questions to help determine whether a waste is subject to Subtitle C of the Resource Conservation and Recovery Act (RCRA), which outlines hazardous solid waste management requirements.

Is it a solid waste?

• A solid waste is any material that is abandoned, recycled, considered inherently waste-like, or a military munition.

A solid waste, as defined at 261.2, is any material that is:

• Abandoned
• Recycled
• Considered inherently waste-like
• A military munition

Solid wastes may be disposed of at regular municipal solid waste landfills or combustors, which are considerably less expensive than hazardous waste treatment, storage, or disposal facilities. Note that some states have additional regulations for certain solid wastes that they call “special wastes,” or “industrial wastes,” so be sure to check with the state before sending any solid wastes to the landfill.

In order to be a hazardous waste, a waste must first be a solid waste. While they are called “solid,” solid wastes may be solids, liquids, or even gases.

Excluded solid wastes

If there is definitely a solid waste, check the regulation at 261.4 to see if it is excluded from the definition of a solid waste. The wastes listed below are not considered solid wastes because they are excluded from the definition. These wastes are still regulated, but they are regulated under different environmental programs such as the Clean Water Act (CWA):

• Domestic sewage
• Industrial wastewater discharges
• Radioactive wastes
• Spent wood preserving solutions that are reclaimed and reused in the wood preserving process
• Processed scrap metal
• Secondary materials that are reclaimed and returned to the original process (if the process is totally enclosed)
• Certain other recycled materials

Is it a hazardous waste?

• There is no comprehensive table or list that tell for certain if a solid waste is hazardous.
• Examples of exempted wastes include household hazardous waste, used CRTs, used oil, universal wastes, certain used refrigerants, and lab samples.

If there is a solid waste that wasn’t excluded in 261.4, then a company may have a hazardous waste. There is no comprehensive table or list to tell for certain if the waste is hazardous. For that, continue in the waste identification process.

To be a hazardous waste, the waste must meet the following criteria. The waste is:

• A solid waste (A waste that is not a solid waste cannot be a hazardous waste.); and
• Not specifically exempted from the definition of hazardous waste; and
• A listed hazardous waste; OR
• A characteristic waste.

Exemptions or exclusions from the definition of hazardous waste

If a company determines the waste is hazardous, then refer to parts 124, 264, 265, 266, 268, and 273 for possible exclusions or restrictions to the management of that waste.

Certain hazardous wastes are eligible to be managed under less strict regulatory programs. For example, extensive waste management regulations apply to batteries, but they can be managed as universal wastes at 40 CFR Part 273 rather than as hazardous wastes. The same goes for household hazardous wastes. Homeowners can simply dispose of many wastes in the trash that would be considered hazardous waste if found at a business location (This is not, of course, an environmentally friendly practice, and recycling or disposal at a permitted hazardous waste collection facility is preferable.)

Examples of exempted wastes include:

• Household hazardous waste
• Used cathode ray tubes (CRTs)
• Used oil
• Universal wastes
• Certain used refrigerants
• Lab samples

Description of facility processes and activities

• The WAP should provide a description of all onsite facility processes and activities that are used to generate or manage hazardous wastes.

As a hands-on tool for ensuring compliance with applicable regulatory requirements and/or permit conditions, the waste analysis plan (WAP) should provide a description of all onsite facility processes and activities that are used to generate or manage hazardous wastes (or reference applicable sections of the permit or permit application). This information should include:

• Facility diagrams,
• Narrative process descriptions, and
• Other data relevant to the waste management processes subject to waste analysis.

Since many treatment, storage, and disposal facilities (TSDFs), especially offsite facilities, utilize the WAP as an operating manual, it is advisable to incorporate process descriptions directly into the document.

In addition to describing onsite processes and activities, offsite TSDFs should reference in their WAPs that a brief description of each generator’s processes contributing wastes to the facility will be obtained, updated, and kept on file as part of the operating record (which is reviewed by Environmental Protection Agency (EPA)/state inspectors). If a business owns or operates a TSDF, this data will enhance knowledge of offsite generation processes and, therefore, improve the ability to determine the accuracy of generator waste classification.

Clearly identify the following in a WAP:

• Each hazardous waste generated or managed at the facility,
• Each process generating these wastes,
• Rationale for identifying each waste as hazardous, and
• Appropriate EPA waste classifications (e.g., EPA waste code, classification under Land Disposal Restriction (LDR) regulations as wastewater or non-wastewater).

In addition to identifying all listed wastes generated or managed, a facility may need to conduct testing and/or analysis to determine whether the facility also generates or manages any Resource Conservation and Recovery Act (RCRA) characteristic wastes. If wastes are identified as characteristic, the facility may choose to present relevant information such as the identity of hazardous waste, process generating the waste, rationale for hazardous waste designation, EPA waste code, and land disposal restriction.

Selecting waste analysis parameters

• Waste analysis parameters must be selected to represent those characteristics necessary for safe and effective waste management.
• Along with identifying waste analysis parameters, the RCRA regulations require that the WAP provide the rationale for the selection of each parameter.
• Sampling, analytical, and procedural methods that will be used to meet additional waste analysis requirements for specific waste management units must be included, where applicable, in the WAP.

An accurate representation of a waste’s physical and chemical properties is critical in determining viable waste management options. Accordingly, facility waste analysis plans (WAPs) must specify waste parameters that provide sufficient information to ensure:

• Compliance with applicable regulatory requirements (e.g., land disposal restriction regulations, newly identified or listed hazardous wastes),
• Conformance with permit conditions (i.e., ensure that wastes accepted for management fall within the scope of the facility permit, and process performance standards can be met), and
• Safe and effective waste management operations (i.e., ensure that no wastes are accepted that are incompatible or inappropriate given the type of management practices used by the facility).

Criteria for parameter selection

Waste analysis parameters must be selected to represent those characteristics necessary for safe and effective waste management. Due to the diversity of hazardous waste operations and the myriad of operating variables, the identification of the most suitable parameters to be sampled and analyzed can be complex. To this point, relevant waste analysis parameter selection criteria can be developed and reviewed systematically to efficiently identify parameters of interest. Generally, these selection criteria may be organized into the following categories:

• Waste identification,
• Identification of incompatible/inappropriate wastes, and
• Process and design considerations.

Parameter selection process

Waste identification — Identify and classify hazardous wastes generated or managed according to Environmental Protection Agency (EPA) waste codes. Determine any additional responsibilities for waste analysis under Land Disposal Restrictions (LDRs) (i.e., verify whether wastes are restricted).

Identify incompatible/inappropriate wastes — Identify appropriate waste analysis parameters to measure ignitability, reactivity, and incompatibility, as well as to identify inappropriate wastes based on facility operations and the profile of waste being managed.

Then, identify the universe of parameters that may be required to evaluate the range of process and design limitations — Determine the specific parameters necessary to identify waste acceptability with respect to process and design limitations, preferably for each management unit. For pre-process, in-process, and post-process operating variables, select parameters which indicate changes in waste composition that may affect waste management (e.g., pH, specific gravity).

Next, evaluate — Eliminate parameters which are duplicate parameters selected during previous parameter selection process elements or cannot be measured due to technological or other limitations.

Rationale for parameter selection

Along with identifying waste analysis parameters, the Resource Conservation and Recovery Act (RCRA) regulations require that the WAP provide the rationale for the selection of each parameter. The rationale must describe the basis for the selection of the waste analysis parameter and how it will measure necessary physical and chemical waste properties to afford effective waste management within regulatory, permit, process, and design conditions. This information will provide EPA permit reviewers and WAP users with critical information regarding the viability of parameter selection.

Special parameter selection requirements

WAPs must also include procedures and parameters for complying with the specialized waste management regulatory requirements established for particular hazardous waste management units. These regulatory requirements include special waste analyses for the following:

• Facilities managing ignitable, reactive, or incompatible wastes;
• Landfills;
• Incinerator;
• Treatment, storage, and disposal facility (TSDF) process vents and equipment; and
• Boilers and industrial furnaces.

Sampling, analytical, and procedural methods that will be used to meet additional waste analysis requirements for specific waste management units must be included, where applicable, in the WAP.

Selecting sampling procedures

• To be representative, a sample must be collected and handled by means that will preserve its original physical form and composition, as well as prevent contamination or changes in concentration of the parameters to be analyzed.

Sampling is the physical collection of a representative portion of a universe or whole of a waste or waste treatment residual. To be representative, a sample must be collected and handled by means that will preserve its original physical form and composition, as well as prevent contamination or changes in concentration of the parameters to be analyzed. For a sample to provide meaningful data, it is imperative that it reflect the average properties of the universe from which it was obtained, that its physical and chemical integrity be maintained, and that it be analyzed within a dedicated quality assurance program.

Due to the diversity of hazardous wastes and the number of possible waste management scenarios (e.g., drums, roll-off boxes, tankers, lugger boxes), the type(s) of sampling procedures a facility will need to employ will be variable.

A facility can choose to use sampling methods specified in the regulations in 40 CFR Part 261 Appendix I, or choose to petition the Environmental Protection Agency (EPA) for equivalent testing and analytical methods. To be successful with this petition, a facility must demonstrate to the satisfaction of EPA that the proposed method is equal, or superior, to the specified method.

Selecting testing and analytical methods

• Analytical methods consist of two distinct phases — a preparation phase and a determination phase.
• The analytical laboratory that a facility selects should exhibit demonstrated experience and capabilities in three major areas: comprehensive QA/QC programs, technical analytical expertise, and effective information management systems.

To be useful in sustaining regulatory and permit compliance, the waste analysis plan (WAP) must specify testing and analytical methods which are capable of providing reliable data to ensure safe and effective waste management. The selection of an appropriate methodology is dependent upon the following considerations:

• Physical state of the sample (e.g., solid or liquid),
• Analytes of interest (e.g., volatile organics),
• Required detection limits (e.g., 1/5 to ½ of the regulatory thresholds),and
• Information requirements (e.g., detection monitoring, verify compliance with Land Disposal Restriction (LDR) treatment standards).

Analytical methods consist of two distinct phases — a preparation phase and a determination phase. The use of an appropriate combination of preparation and determination procedures is necessary to ensure the accuracy of data generated from the facility waste management program.

In addition to Environmental Protection Agency (EPA) Publication SW-846, the following references provide information on approved methods for analyzing waste samples:

• American Society for Testing and Materials (ASTM)
• “Design and Development of a Hazardous Waste Reactivity Testing Protocol,” EPA Document No. 600/2-84-057 (February 1984)
• “The Toxicity Characteristic Rule” (55 FR 11862)
• “Methods for Chemical Analysis of Water and Wastes,” EPA Document No. 600/4- 79-020 (Revised March 1983).

Selecting a laboratory

The use of proper analytical procedures is essential to acquiring useful and accurate data. Obtaining accurate results requires an analytical laboratory that has demonstrated experience in performing waste sample analyses. When selecting a laboratory, preference should be given to those that are capable of providing documentation of their proven analytical capabilities, available instrumentation, and standard operating procedures. Furthermore, the laboratory should be able to substantiate their data by systematically documenting the steps taken to obtain and validate the data.

The analytical laboratory that a facility selects should exhibit demonstrated experience and capabilities in three major areas:

• Comprehensive quality assurance/quality control programs (both qualitative and quantitative);
• Technical analytical expertise; and
• Effective information management systems.

Selecting waste re-evaluation frequencies

• Although there are no required time intervals for re-evaluating wastes, a facility must develop a schedule for re-evaluating the waste on a regular basis.

The Resource Conservation and Recovery Act (RCRA) regulations state that “waste analysis must be repeated as often as necessary to ensure that it is accurate and up to date.” At a minimum, the analysis must be repeated as follows:

• When the treatment, storage, and disposal facility (TSDF) is notified, or has reason to believe that the process or operation generating the hazardous wastes has changed;
• When the generator has been notified by an offsite TSDF that the characterization of the wastes received at the TSDF does not match a pre-approved waste analysis certification and/or the accompanying waste manifest or shipping paper (the generator may be requested to re-evaluate the waste); and
• Offsite combustion facilities should characterize all wastes prior to burning to verify that permit conditions will be met (i.e., fingerprint analysis may not be acceptable).

Although there are no required time intervals for re-evaluating wastes, a facility must develop a schedule for re-evaluating the waste on a regular basis. A facility will need to make an individual assessment of how often the wastes analysis is necessary to ensure compliance with interim status or Part B permit operating conditions.

Fingerprint analysis is never a substitute for conducting a complete waste analysis and, therefore, may not be defensible if a waste is misidentified by the generator and passes the fingerprint test. Though the generator is responsible for properly identifying and classifying the waste, the TSDF will be held liable by enforcement authorities if it violates its permit conditions and any other applicable regulations. The decision to conduct abbreviated corroborative testing using fingerprint analysis on a few select parameters, or to conduct a complete analysis to verify the profile, is ultimately determined by the offsite facility with this in mind.

Determining generator category

• Monthly totals will determine a facility’s generator category.
• Don’t include exempted wastes, used oil, universal waste, residue from empty containers, or waste that has already been counted in waste calculations.
• The three waste generator categories have different accumulation time limits.

A facility must count all the hazardous waste generated each month toward the monthly generator totals. This includes any acutely hazardous waste and waste generated at satellite accumulation areas. The monthly totals will determine a facility’s generator category.

Measure monthly hazardous waste generation in the following steps:

1. Perform generator calculations on the first day of each month.
2. Calculate the weight of all full hazardous waste containers placed into storage during the prior month.
3. Calculate the weight in pounds or kilograms.
4. Add the weight of all the waste in satellite accumulation containers in satellite accumulation areas and then subtract from this amount the weight of the prior month’s satellite containers.

Don’t include the following in waste calculations:

• Exempted wastes
• Used oil (unless the facility manages it as a hazardous waste)
• Universal waste
• Residue from “empty containers”
• Waste that has already been counted

Accumulation quantity and time limits

Waste accumulation is not the same thing as waste generation. Accumulation refers to how much hazardous waste a facility has onsite at any one time. The higher the generation category, the more waste a facility can accumulate (but the less time a facility has to accumulate it).

Note that as a generator, a facility does not really store waste. Generators may accumulate the waste onsite without having to get a permit to store hazardous waste — as long as they comply with all of the management conditions. If a facility does not comply with the management conditions, then the generator could be considered a storage facility (which requires a permit).

The three waste generator categories have different accumulation time limits. Stay within the time limits for the category.

• Very small quantity generators (VSQGs) may accumulate up to 2,200 pounds (or up to 2.2 pounds of acutely hazardous waste) onsite, but they have no time limit for shipping the waste offsite. Most waste experts will say not to keep waste onsite for more than one year.
• Small quantity generator (SQGs) may accumulate up to 13,000 pounds at any one time and they must ship waste offsite within 180 days — roughly six months. If an SQG will ship the waste more than 200 miles, they have up to 270 days to do it. This is because in some areas of the country, properly permitted hazardous waste treatment, storage, and disposal facilities are hard to come by.
• Large quantity generators (LQGs) have no accumulation limit — but they only have 90 days to ship their waste offsite.

The Hazardous Waste Generator Improvements Rule

• HWGIR made over 60 changes to the hazardous waste management regulations.

In 2016, the Environmental Protection Agency’s (EPA’s) Hazardous Waste Generator Improvements Rule (HWGIR) made over 60 changes to the hazardous waste management regulations. One of the goals of the rule is to make the numerous and complex regulations easier to read and follow. EPA did this by reorganizing and rearranging the regulations that apply to hazardous waste generators into a more user-friendly format.

A few of EPA’s revisions to the regulations allow generators more flexibility and options for managing their hazardous waste. For instance, very small quantity generators (VSQGs) will be able to send their hazardous waste to a large quantity generator in control of the same person (i.e., common control) to consolidate it before sending it for disposal. This option could save the company time and money in shipping and disposing hazardous waste.

Also, smaller generators may be able to maintain their existing generator categories, even if they experience an “episodic” waste generation event. In the past, when VSQGs or small quantity generators (SQGs) exceeded their monthly hazardous waste quantity limits, they would automatically bump up to a more regulated generator category. Under the HWGIR, smaller generators can remain in their less regulated categories if they meet certain conditions.

But the HWGIR doesn’t just make things easier for facilities. EPA did impose some new, and stricter, compliance obligations on waste generators. Be sure to check state regulations to verify whether the state has adopted the more relaxed provisions of HWGIR — however, any stricter provisions at the federal level must be met by all generators.

Episodic generation

• Most episodic generators manage all of their wastes to comply with the larger generator category requirements in order to make things less complicated.
• EPA is allowing VSQGs and SQGs to have one planned and one unplanned episodic event per year.
• The generator must notify EPA at least 30 calendar days before beginning a planned episodic event or within 72 hours after an unplanned event.

Some generators regularly switch categories. This may be because they have more wastes during certain times of the year or they conduct a yearly lab cleanout or other yearly disposal effort. In other cases, the discovery of an unknown waste or a tank malfunction may cause an unexpected waste generation that pushes the generator into a higher generator category. Whatever the cause, this kind of generation is known as “episodic generation.”

The Environmental Protection Agency (EPA) says that a facility may be subject to different standards at different times, depending on the generator category in a given month. If a facility generates less than 220 pounds of hazardous waste in one calendar month, the facility would be a very small quantity generator (VSQG); however, if in the next month, the facility generates 300 pounds of hazardous waste, then the facility would be a small quantity generator (SQG) — at least for as long as the waste generated in that month is onsite.

Basically, a facility manages the waste generated in a given month according to the category for that month. Where this gets complicated is in actually meeting the stricter regulations that go along with the higher generator categories. For instance, VSQGs are minimally regulated. But if a VSQG suddenly becomes a large quantity generator (LQG), then all of the LQG requirements apply, including requirements to train employees, develop emergency preparedness plans and contingency plans, and ship wastes offsite within 90 days. Keeping a weekly log or other record of hazardous waste generation can help ensure compliance with quantity and accumulation time limits. Most episodic generators manage all of their wastes to comply with the larger generator category requirements in order to make things less complicated.

Subpart L — Exemptions for episodic generators

If the state adopts the less stringent provisions in the Hazardous Waste Generator Improvements Rule (HWGIR) Subpart L, then a facility may have up to two episodic events in one year without having to change generator categories.

EPA is allowing VSQGs and SQGs to have one planned and one unplanned episodic event per year. This exemption is to allow a generator to plan for a tank cleanout, short-term construction project, short-term site remediation, equipment maintenance during a plant shutdown, the removal of excess chemical inventories, etc.

To take advantage of this allowance, note the following conditions:

1. Episodic events are limited to one per calendar year; however, EPA says it will allow one unplanned event in addition to a planned event.
2. The generator must notify EPA at least 30 calendar days before beginning a planned episodic event or within 72 hours after an unplanned event. The generator must identify the start and end dates of the episodic event, with no more than 60 days total in the event, along with other information about the event. The generator must identify a facility contact and/or emergency coordinator with 24-hour telephone access to discuss notification submittal or respond to an emergency related to the event.
3. VSQGs must obtain an EPA Identification (ID) Number.
4. The generator must comply with specified hazardous waste management conditions as the waste is being accumulated onsite. For instance, a facility must mark containers with the words, “Episodic hazardous waste” in addition to the regular hazardous waste labeling requirements.
5. The generator must use a hazardous waste manifest to ship the waste generated during the event offsite to a Resource Conservation and Recovery Act (RCRA)-designated facility within 60 calendar days.
6. The generator must complete and maintain the following records:
   • Beginning and end dates of the episodic event;
   • A description of the episodic event;
   • A description of the types and quantities of hazardous wastes generated during the episodic event;
   • A description of how the hazardous waste was managed, as well as the name of the RCRA-designated facility that received the hazardous waste;
   • Name(s) of hazardous waste transporters, as appropriate; and
   • An approval letter from EPA, if the generator successfully petitioned to conduct an additional episodic event during the calendar year.

If there is more than one unplanned event in one year, a facility may petition EPA for approval of that event. EPA will not approve a second planned event.

Notify EPA and obtain an EPA Identification Number

• EPA ID Numbers are 12-character identification numbers used by both EPA and the states as part of a national database to track hazardous waste activities.
• EPA ID Numbers are site-specific.
• A provision in the Hazardous Waste Generator Improvements Rule requires SQGs to re-notify EPA or their state every four years.

Once a facility knows the hazardous waste generator category, the facility must notify the Environmental Protection Agency (EPA) and/or the state of waste activities and obtain the EPA Identification (ID) Number.

Note: This step is not required for very small quantity generators (VSQGs) on the federal level but be sure to check with the state. Some states require VSQGs to obtain EPA ID Numbers.

EPA ID Numbers are 12-character identification numbers used by both EPA and the states as part of a national database to track hazardous waste activities.

The application for the number notifies the state and federal government that the company is involved in hazardous waste activity. The ID number that the company receives is used on all documents relating to hazardous waste: manifests, biennial reports, labels, etc.

To get the EPA ID Number, a company should call or write the state hazardous waste management agency or the EPA regional office and ask for a copy of EPA Form 8700-12, “Notification of Hazardous Waste Activity.” The form and instructions can also be found on the EPA website. A few states use a different form for notification, which can be found on the state’s waste agency website.

A company must resubmit the form any time the facility changes generator categories, activities, business ownership, or contact person. The agency uses site information to identify hazardous waste generators, handlers, and managers and their specific regulated waste activities. Of course, EPA and the states also use the information for inspection and enforcement purposes. And the information is made public through various databases.

EPA ID Numbers are site-specific. The regulations do not define the term “site,” but say that “activities occurring under the control of an owner or operator on a single piece of property should be evaluated collectively for hazardous waste generation.” If a company has several plant sites or business locations where the company produces or handles hazardous wastes, they will need to complete one copy of the form for each site. Each site will receive its own EPA ID Number.

The EPA ID Number stays with the business site or location that the company registered. If the business moves to another location, notify EPA or the state and submit a new form. If the new location previously handled hazardous waste, and already had an ID number, the company will be assigned that number for the site after notifying EPA.

Applying for an ID Number electronically: EPA has electronic reporting options available for the 8700-12/Site ID form in states that have opted in to using the electronic system. Check with the state environmental agency to see if this option is available.

SQGs re-notify EPA

A provision in the Hazardous Waste Generator Improvements Rule requires small quantity generators (SQGs) to re-notify EPA or their state every four years, beginning in 2021, about their waste activities. This is so states have a better handle on the number of SQGs in operation and the types of wastes they are generating. Use the same form (EPA Form 8700-12) to re-notify.

Transporters

Hazardous waste transporters are also required to obtain EPA ID Numbers, but they may submit one form that covers all of the activities for their entire company — unless they also treating or recycling waste. Generators may only use transporters that have EPA ID Numbers to ship their waste offsite.

Central accumulation areas and satellite accumulation areas

• SAAs allow a facility to accumulate up to 55 gallons of hazardous waste, or up to one quart of liquid or 2.2 pounds of solid acute hazardous waste, in containers at or near any point of generation where waste initially accumulates before moving the waste to the CAA.
• Waste may only move from an SAA to a CAA.

A central accumulation area (CAA) means any onsite hazardous waste accumulation area with hazardous waste accumulating in units subject to either 262.16 (for small quantity generators (SQGs)) or 262.17 (for large quantity generators (LQGs)).

Satellite accumulation areas (SAAs) allow a facility to accumulate up to 55 gallons of hazardous waste, or up to one quart of liquid or 2.2 pounds of solid acute hazardous waste, in containers at or near any point of generation where waste initially accumulates before moving the waste to the CAA.

For decades, generators used SAAs onsite, but the regulations covering them were hidden among many other regulations. After listening to feedback from generators, the Environmental Protection Agency (EPA) added 262.15 to the regulations to address SAAs.

The following rules apply to SAAs:

• The waste must be in the control of the operator of the process generating the waste.
• A facility may have more than one waste accumulating in an SAA; however, the facility may not have more than 55 gallons of waste (or one quart of liquid acute hazardous waste or 2.2 pounds of solid acute hazardous waste) in an SAA.
• Containers must be kept closed except when adding or removing waste, or when temporary venting of a container is necessary, or the container must remain open for proper operation or to prevent a dangerous situation such as the buildup of extreme pressure.
• Mark the container “Hazardous Waste” or otherwise identify its contents and indicate the hazards of the waste. The start date does not need to be included.
• There is no time limit on an SAA, but once the 55-gallon limit is reached, mark the excess with the start date (the date the company began accumulating the excess waste) and either begin complying with the CAA regulations for the generator category, move the excess to a CAA, or ship the waste offsite within three days.
• Mark the date the waste reaches the CAA on the container as the accumulation start date. In reality, this gives LQGs up to 93 days, and SQGs up to 183 days, to ship the waste offsite.
• All SAAs operated by LQGs must meet emergency preparedness regulations.
• The same requirements that apply to incompatible wastes in CAAs apply to SAAs.

The regulations do not limit the number of SAAs a company may have onsite, but the company may not move waste from one SAA to another SAA. Waste may only move from an SAA to a CAA.

Finally, count waste generated in an SAA toward monthly generator totals.

Requirements for containers

• LQGs must document weekly inspections and store containers at least 50 feet from the property line if they contain ignitable or reactive waste.

Container management is basically the same for small quantity generators (SQGs) and large quantity generators (LQGs). Each container located in a central accumulation area must:

• Be labeled correctly with:
  • The words “Hazardous Waste.”
  • The accumulation start date. (Accumulation begins on the date the first drop of waste goes into the container.)
  • Words that indicate the hazards of the waste.

• Be in good condition (no leaks, rust, bulges, or other signs of wear and tear). If a container begins to leak, the waste must be transferred to an intact container.
• Be kept closed except when adding or removing waste. “Closed” means that if the container were to fall over, waste could not spill out.
• Be handled to prevent leaks. This means containers should not be stored more than two drums high, or stored where forklifts or other machinery could run into them.
• Be inspected weekly, checking for leaks or other deterioration.
• Be compatible with the waste (e.g., don’t store corrosive liquids in metal drums).
• Be separated from other containers holding incompatible wastes.
• Be free of residues that could react with any new waste being added.

LQGs are subject to these additional requirements:

• Document weekly inspections.
• Store containers at least 50 feet from the property line if they contain ignitable or reactive waste.

Clean air

LQGs may be subject to air emissions standards at 40 CFR Part 265 Subparts AA, BB, and/or CC. These standards are designed to keep volatile organic compounds from being released into the air from containers, tank systems, and impoundments. LQGs are subject to the air rules if:

• Waste is stored in containers of ≥26 gallons; and
• The waste stored in the waste management unit (container, tank, impoundment) exceeds an average volatile organic concentration of 500 parts per million by weight at the point of waste generation.

Containment buildings

• Liquid or semi-liquid wastes are typically more difficult to handle and pose an increased risk of a release into the surrounding environment, so they are generally prohibited from management in containment buildings.

Large quantity generators (LQGs) and treatment, storage, and disposal facilities (TSDFs) may choose to manage hazardous waste in containment buildings. The Environmental Protection Agency (EPA) chose to allow containment buildings as hazardous waste management units to address the difficulties associated with management of bulky, large volume hazardous wastes.

A containment building is a completely enclosed structure (i.e., possessing four walls, a roof, and a floor) that houses an accumulation of non-containerized waste.

While containment buildings were primarily developed to serve as management units for hazardous debris and other bulky and high-volume hazardous wastes, EPA does not restrict their usage to these waste types. In fact, containment buildings may be employed for storage or treatment of any nonliquid hazardous waste. Liquid or semi-liquid wastes are typically more difficult to handle and pose an increased risk of a release into the surrounding environment. For this reason, such wastes are generally prohibited from management in containment buildings. Liquid wastes include wastes that flow under their own weight to fill the container in which they are placed, are readily pumpable, or release such large quantities of liquid into the unit that the liquid collection and removal system cannot prevent accumulation.

Wastes that contain free liquids but do not meet the given definition of liquid (i.e., wastes that do not flow, are not pumpable, and do not release a sufficiently large quantity of liquids) may be placed in a containment building, provided the unit conforms to several relevant design limits. As an alternative, liquid wastes may be placed in tanks that are located inside the containment building. In such cases, the building serves as secondary containment for the hazardous waste tank and must comply with all applicable secondary containment provisions in Subpart J of Part 264/265.

Requirements for secondary containment

• All new hazardous waste tank systems must have secondary containment and leak detection before being put into service.
• Secondary containment systems must be designed, installed, and maintained so that no waste is released to the surrounding soil, groundwater, or surface water.

Secondary containment is an emergency short-term storage system designed to hold releases from hazardous waste tanks. Secondary containment and leak detection systems allow for detection of leaks from the primary or inner tank while providing a secondary barrier to contain releases and prevent them from entering the environment. Such systems also provide protection from spills caused by operational errors, such as overfilling.

Per 264.193(a) and 265.193(a), all new hazardous waste tank systems must have secondary containment and leak detection before being put into service.

Note that if the tank system is used to store or treat hazardous waste which contains no free liquids and is situated inside a building with an impermeable floor, then the facility is exempted from the requirements in 265.193. To demonstrate the absence or presence of free liquids in the stored/treated waste, the following test must be used: Method 9095B (Paint Filter Liquids Test) as described in “Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,” Environmental Protection Agency (EPA) Publication SW-846, as incorporated by reference in 260.11.

Secondary containment systems must be designed, installed, and maintained so that no waste is released to the surrounding soil, groundwater, or surface water. In addition:

• The construction material or liner must be compatible with the waste to be stored or treated in the tank and must be capable of containing accumulated material until it is removed (promptly);
• Accumulations in secondary containment must be removed within 24 hours (unless approval has been sought and granted by the state or EPA);
• The secondary containment system must be strong enough to prevent failure; and
• The foundation must be designed to resist failure due to normal movement of the surrounding soils (i.e., settlement, compression, or uplift).

As a part of the secondary containment system, hazardous waste tanks must be equipped with a leak detection system capable of detecting failure in the primary or secondary containment structures.

The presence of accumulated materials in the secondary containment system must be detected within 24 hours or at the “earliest practicable time.”

Common leak detection devices include:

• Thermal conductivity sensors
• Electrical resistivity sensors
• Vapor detectors

In addition, daily visual inspections are a best practice where tanks and tank components are physically accessible.

Considerations for treatment and disposal

• A facility may not dispose of hazardous waste onsite unless the facility has obtained a disposal permit.
• Facilities can face violations and steep civil penalties for sending hazardous waste to an unpermitted TSDF.

CAUTION: Be careful with treating waste. A company is allowed to treat waste onsite without a permit, but there are some treatments that are not allowed. For instance, it is illegal to allow waste to evaporate as treatment. Also, a company can’t dilute a waste in order to land dispose it. As always, check with the state to make sure any treatment methods used are allowed.

Disposing of waste onsite

Disposing of hazardous waste onsite is regulated differently than treating hazardous waste. A facility may not dispose of hazardous waste onsite unless the facility has obtained a disposal permit.

Under certain limited circumstances, it may be legal to dispose of certain types of hazardous waste onsite without a permit:

• Farmers may dispose of their own waste pesticide provided they triple rinse the empty pesticide container and dispose of the pesticide residue on their own farm in a manner consistent with the instructions on the pesticide label.
• Even if the person is not a farmer, the individual may be allowed to dispose of certain hazardous wastes by discharging them directly into the sewer drain. However, this is not considered good management practice and in many communities, it may be illegal.

For more information concerning wastes which may be disposed of in this manner, contact the local wastewater or sewage treatment office or the state hazardous waste management agency.

Know where waste ends up

It’s important to send waste only to Resource Conservation and Recovery Act (RCRA) permitted or interim status facilities that are authorized to treat, store, and dispose of waste in the state.

Facilities can face violations and steep civil penalties for sending hazardous waste to an unpermitted treatment, storage, and disposal facility (TSDF).

Required equipment

• Employees must have access to the alarm system and/or direct contact with another employee whenever hazardous waste is being poured, mixed, spread, or otherwise handled.

All facilities must be equipped with the following (unless the facility does not handle materials that would require the equipment to respond to emergencies):

• Internal communications or alarm system capable of providing immediate emergency instruction (voice or signal);
• A device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or state and/or local emergency response teams;
• Portable fire extinguishers, fire control equipment, spill control equipment, and decontamination equipment; and
• Water at adequate volume and pressure to supply water hose streams, or foam-producing equipment, or automatic sprinklers, or water spray systems.

All equipment must be maintained and tested to assure proper operation.

Employees must have access to the alarm system and/or direct contact with another employee whenever hazardous waste is being poured, mixed, spread, or otherwise handled. Employees working alone must have the capability of summoning external emergency assistance.

The regulations require there to be enough aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of the facility in an emergency.

Arrangements with local authorities

• Generators should work with local authorities to make sure procedures are in place for emergencies.
• Keep records documenting the arrangements made with the local fire department or other emergency response organizations.

Large quantity generators (LQGs) must “attempt to make arrangements with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers, and local hospitals,” with an eye toward the types and amounts of wastes generated at the facility. Alternately, the Local Emergency Planning Committee (LEPC) could be the right organization to contact.

Generators should work with local authorities to make sure procedures are in place for emergencies.

Provide the local authorities with:

• The layout of the facility;
• Properties of hazardous waste handled at the facility, and associate hazards;
• Places where facility personnel normally work;
• Entrances to roads inside the facility; and
• Possible evacuation routes.

In addition, hospitals should be notified of the properties of hazardous wastes handled at the facility, along with the types of injuries or illnesses which could result from fires, explosions, or releases at the facility.

Documents: Keep records documenting the arrangements made with the local fire department or other emergency response organizations. The documentation must include in the operating record a confirmation of these arrangements or proof that the facility has tried to make the arrangements (if local authorities decline to enter into an arrangement).

Waivers: If the facility has the ability and desire to respond to emergency situations without the help of local emergency responders, the facility can obtain a waiver from the local authorities and document the waiver in the facility’s operating record.

Requirements for contingency plans

• SQGs must prepare and implement basic contingency plans, while LQGs must prepare and implement full contingency plans.

Small quantity generators (SQGs) must prepare and implement basic contingency plans. Large quantity generators (LQGs) must prepare and implement full contingency plans.

A contingency plan describes the actions facility personnel must take to comply with the Resource Conservation and Recovery Act (RCRA) regulations in response to fires, explosions, or any unplanned release of hazardous waste at the facility.

In addition, the plan must contain the following:

• A description of the actions facility personnel must take in response to fires, explosions, or any unplanned sudden or non-sudden releases of hazardous waste constituents to air, soil, or surface water.
• A description of the arrangements made with local authorities to coordinate emergency services.
• Names, addresses, and phone numbers — both office and home — of all persons qualified to act as the emergency coordinator (This list must be kept up to date.). Where more than one person is listed, one person must be designated as the primary contact and the others must be listed in the order in which they will assume responsibilities as alternates.
• A list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications, and alarm systems). The location and physical description of each item on the list, and a brief outline of its capabilities.
• An evacuation plan for facility personnel (where there is a possibility an evacuation could be necessary). This plan must describe signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases of hazardous wastes or fires).

Copies of the plan must be maintained at the facility and submitted to local authorities.

Revise the plan if:

• The regulations that apply are revised;
• The plan failed in an emergency;
• There is a change in the facility design, construction, operation, maintenance, or other circumstances in a way that increases the potential for fires, explosions, or releases of hazardous waste — or changes the response measures necessary in an emergency;
• The list of emergency coordinators changes; or
• The list of emergency equipment changes.

If a facility already has a Spill Prevention, Control, and Countermeasures (SPCC) Plan to meet the requirements of the Clean Water Act (CWA) or has some other emergency or contingency plan prepared, the Environmental Protection Agency (EPA) says a facility only has to amend that plan to add hazardous waste management plans to meet the RCRA requirements.

One plan

Optionally, a facility may develop one contingency plan that meets all regulatory standards (CWA, Emergency Planning and Community Right-to-Know Act (EPCRA), RCRA, etc.). EPA recommends that the plan is based on the National Response Team’s Integrated Contingency Plan Guidance, also called “One Plan.”

Spill response

• It’s important for facilities to take proper steps to prepare for, prevent, and quickly respond to spills.

Spills come in many different sizes and in various states of emergency. A small leak from a barrel holding used oil in an enclosed loading bay, complete with secondary containment, is much less urgent than a large oil spill from a tanker truck on a bridge over a protected waterway.

While every precaution must be taken to prevent spills of hazardous substances, spills can and do happen. It’s important to be ready to respond appropriately to spills to minimize the impacts to workers, the community, and the environment.

Spills can be triggered by:

• Equipment malfunctions
• Leaking containers
• Container punctures
• Transport incidents
• Transfer line failures
• Overfilling
• Pipeline breaks
• Dike ruptures or failures
• Fires or explosions
• Floods
• Earthquakes
• Hurricanes, tornadoes, or other natural disasters

Large spills can result in losses to life, property, the environment, and more. How much those losses amount to all depends on the types of substances involved, the location of the spill, and the quantity of the substances spilled, along with the actions taken to mitigate it. In a nutshell, spills can:

• Temporarily or permanently halt operations;
• Result in a response from employees or outside responders;
• Endanger workers, responders, and public health and safety personnel, leading to injuries, illnesses, and death;
• Impact drinking water sources or other natural resources;
• Lead to hefty government fines;
• Raise insurance premiums; and/or
• Erode public confidence and negatively impact company public image.

With so much at stake, it’s important for facilities to take proper steps to prepare for, prevent, and quickly respond to spills.

Packaging and marking requirements

• Packaging can be any container authorized by DOT’s regulations to contain a hazardous material.
• It is the generator’s responsibility to properly mark each package of hazardous waste.

The Environmental Protection Agency’s (EPA’s) 262.30 says to package the waste in accordance with the applicable Department of Transportation (DOT) regulations on packaging under 49 CFR Parts 173, 178, and 179. Packaging must conform to the specifications, quantity, and weight limits specified for the DOT hazard class/division and packing group.

Packaging can be any container authorized by DOT’s regulations to contain a hazardous material. This includes boxes, drums, cylinders, portable tanks, intermediate bulk containers, and cargo tanks.

In addition to the requirements for hazardous materials packaging, all packaging must be in compliance with the general packaging requirements at 173.24. These requirements include acceptable condition for transport, compatibility, mixed contents, closures, venting, filling limits, etc.

Marking requirements

EPA requires materials that are to be shipped offsite to meet DOT’s marking regulations at 49 CFR 172.304. EPA says that before transporting a hazardous waste offsite, a generator must mark each container of 119 gallons or less used in transportation as follows:

• 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 __________.
• EPA Hazardous Waste Numbers(s) __________.

Note: A nationally recognized electronic system may be used, such as bar coding, to identify the EPA Hazardous Waste Numbers(s).

Markings provide important information about the contents of a package and help warn of the hazards posed by that material during transport. Markings provide additional information that is not provided by labels or placards about that hazardous material in the package or vehicle.

It is the generator’s responsibility to properly mark each package of hazardous waste.

This responsibility includes:

• Checking that any relevant markings already displayed are in the correct location and are in accordance with the regulations.
• Removing or obliterating any markings which are not applicable or which may reduce the effectiveness of the required markings.
• Applying any new markings in accordance with the regulations.

DOT’s marking specifications

To withstand the conditions normally encountered during transportation, all markings must be:

• Durable;
• In English;
• Printed on, or affixed to, the surface of a package, or on a label, tag, or sign;
• Displayed on a background of sharply-contrasting color;
• Unobscured by labels or attachments; and
• Located away from any other markings — such as advertising — which could substantially reduce their effectiveness.

Labeling requirements

• The regulations have specific requirements for design, use, placement, prohibitions, and exceptions for labels.

The Environmental Protection Agency’s (EPA’s) regulation on labeling says that materials that are to be transported offsite must be labeled according to the Department of Transportation’s (DOT’s) requirements at 49 CFR Part 172. Labels are printed on or affixed to packages containing hazardous materials. Labels are color- and symbol-coded to provide easy and immediate warning of the hazardous materials inside the package. The regulations have specific requirements for design, use, placement, prohibitions, and exceptions for labels. The correct labeling of packages of hazardous materials is the responsibility of the generator (shipper) and packages must be properly labeled at the time they are offered for transport.

The following is an example of a typical label that combines EPA’s and DOT’s marking requirements.

Placement

A label on a package of hazardous materials must be clearly visible and not obscured by markings or attachments. Each label must be printed on or affixed to a background of contrasting color, or must have a dotted or solid line outer border.

The label must be printed on or affixed to a surface (other than the bottom) of the package containing the hazardous material. If possible, the label should be located on the same surface of the package and near the proper shipping name marking.

Placarding requirements

• The carrier may not move the vehicle until the carrier has affixed the required placards.
• Each placard affixed to a motor vehicle must be readily visible from the direction it faces.

The Environmental Protection Agency (EPA) requires generators to supply transporters with appropriate placards. The regulations for placarding are found at 49 CFR Part 172.

Hazardous materials placards are very similar to the shape, color, and design of the hazardous materials labels. However, placards are much larger than labels. The purpose of placards is to alert emergency personnel to the potential dangers associated with the particular hazardous material contained in a motor vehicle or other mode of transport.

According to 177.823, the carrier may not move the vehicle until the carrier has affixed the required placards — unless it is an emergency situation and one of the following three conditions are met:

• The vehicle is escorted by a representative of state or local government.
• The carrier has received permission from the Department of Transportation (DOT) to move the vehicle.
• Movement of the vehicle is necessary to protect life and property.

The placarding requirements vary according to the category of the material (hazard class, division, packing group, or description) being transported and the type of packaging (bulk or non-bulk) containing the material. Each bulk packaging, freight container, unit load device, transport vehicle, or rail car containing hazardous material must be placarded on each side and each end (with some exceptions) with the type of placards specified in Table 1 or Table 2 of 172.504.

To determine what placards are required, a facility must know:

• The type of packaging (bulk or non-bulk) containing the hazardous material(s).
• The hazard category (class, division, packing group, or description) and subsidiary hazard(s) of the hazardous material(s) present.
• The weight of non-bulk packages in each hazard category.
• The most dangerous categories of hazardous materials are located in Table 1. Any quantity of material falling within the categories listed in Table 1 must be placarded.

Placard specifications

To be in compliance, all placards must meet the following specifications:

• Placards must be designed as specified in Part 172, Subpart F.
• Specifications for color must be as prescribed in Appendix A to Part 172.
• Placards must measure at least 9.84 inches (250 mm) on each side, and have a solid-line inner border approximately 0.5 inches (12.7 mm) from each edge.
• Other than for the RADIOACTIVE or DANGEROUS placard, text indicating the hazard (e.g., FLAMMABLE) is not required. Text is not required on the OXYGEN placard only when an identification number is displayed.
• Placards may contain form identification information — including the name of the maker — provided that such information is printed outside of the solid line inner border in no larger than 10-point type.
• Reflective and retro-reflective material may be used on a placard provided color, strength, and durability requirements are maintained.
• The material used for placards may be any plastic, metal, or other material capable of withstanding, without deterioration or a substantial reduction in effectiveness, a 30-day exposure to open-weather conditions.

Placard placement

Each placard affixed to a motor vehicle must be readily visible from the direction it faces. The placard placement for the front of a vehicle may be on the front of the truck-tractor instead of, or in addition to, the placard on the front of the cargo-carrying body (e.g., trailer or semitrailer). Placards displayed on freight containers or portable tanks loaded on (not enclosed in) a motor vehicle may be used to meet the placarding requirements for the motor vehicle.

In addition, each placard on a transport vehicle, bulk packaging, unit load device, or freight container must be:

• Located clear of any appurtenances and devices (e.g., ladders and pipes).
• Away from any markings — such as advertising — that might substantially reduce its effectiveness. (A minimum distance of three inches (76 mm) is required.)
• Affixed to a background of contrasting color, or must have a dotted or solid line outer border which contrasts with the background color.
• Maintained by the carrier so that its effectiveness will not be reduced in any way.
• Placed, as far as practicable, so that dirt or water is not directed to it from the wheels of the vehicle.
• Securely attached or affixed or placed in a placard holder.
• Displayed with the word(s) or identification number (when authorized) shown horizontally, reading left to right.

DOT’s Hazardous Materials Regulations

• The Hazardous Materials Regulations apply to all private, common, and contract carriers transporting hazardous materials in commerce.
• The regulations define nine hazard classes.

The Hazardous Materials Regulations (HMR) are designed to assure the safe transportation of any substance or material which “is capable of posing an unreasonable risk to health, safety, and property when transported in commerce. . . .” With this purpose in mind, it is easy to see that significant hazards call for detailed and restrictive requirements. A material is considered “hazardous” if it meets one or more of the Department of Transportation’s (DOT) hazard class definitions, and/or is a hazardous substance, hazardous waste, marine pollutant, or elevated-temperature material.

The Hazardous Materials Regulations apply to all private, common, and contract carriers transporting hazardous materials in commerce. The regulations are prescribed to minimize the dangers to life and property incident to the transportation of the hazardous materials. An up-to-date copy of the complete regulations is essential if the company is engaged in transporting or handling any hazardous materials.

Classification

The first step in shipping a material is determining what it is and if it is subject to the Hazardous Materials Regulations. Is it a hazardous material?

The regulations define a hazardous material as a material which is “capable of posing an unreasonable risk to health, safety, and property when transported in commerce.” To determine if the material is a hazardous material a company needs to know:

1. The hazard classifications in the Hazardous Materials Regulations;
2. Criteria for hazardous substances, hazardous wastes, marine pollutants, and elevated temperature materials; and
3. The hazard(s) of the material.

The regulations define nine hazard classes. Some of the classes are further subdivided into divisions. There is also a category of hazardous materials known as “Other Regulated Material” or “ORM-D.”

Some hazardous materials are further subdivided into packing groups. The packing group indicates the degree of danger presented by the hazardous material.

• Packing Group I — great danger
• Packing Group II — medium danger
• Packing Group III — minor danger

Packing groups are assigned to many hazardous materials, except Class 1, Class 2, Class 7, ORM-D materials, and some Division 4.1, 5.1, 5.2, 6.2, Class 8, and most Class 9 materials.

Hazardous waste manifest basics

• Hazardous waste generators must complete and sign the top copy of the hazardous waste manifest in order to ship waste offsite.
• Transporters of hazardous waste do not normally fill out the hazardous waste manifest, but they are required to carry it when transporting hazardous waste.
• Receiving facilities are the ultimate destination for hazardous waste and play a large role in the hazardous waste manifest system.

Hazardous waste generators must complete and sign the top copy of the hazardous waste manifest in order to ship waste offsite. This includes the following:

• Electronic manifests may be obtained on the Environmental Protection Agency’s (EPA’s) e-Manifest website. Note: Generators must register on the e-Manifest system if they wish to sign manifests electronically in the system.
• The manifest must contain a unique 12-digit tracking number (provided by the printer or EPA).
• Fill out the required fields on the manifest. The fields are the same on the paper and electronic versions.
• Train employees who sign the manifest. This training must cover the required elements of EPA’s hazardous waste regulations and the Department of Transportation’s (DOT’s) hazardous materials regulations.
• Sign the top copy of the manifest and offer the rest of the copies to the transporter. The transporter will sign a copy of the manifest and offer it to any subsequent transporters. Yet another copy will remain at the receiving facility. The final copy is returned to the generator.
• Large and small quantity generators need to register personnel to access the manifest records for their site.
• The hazardous waste manifest must list a contact person who is available 24-hours a day to answer questions in an emergency.
• The manifest must list the facility’s EPA identification number.
• If a generator runs out of room to complete the manifest, a manifest continuation sheet (EPA Form 8700-22A) must be used.
• The records must be kept for a minimum of three years.

Transporters of hazardous waste do not normally fill out the hazardous waste manifest, but they are required to carry it when transporting hazardous waste. Transporters must:

• Ensure that the hazardous waste being offered for shipment by small and large quantity generators (and state-only hazardous waste) is accompanied by a signed hazardous waste manifest.
• If the manifest is in electronic format, the generator should provide a printed copy of the transporters copy for transportation. DOT currently requires the presence of a hard copy paper manifest during transportation.
• Before transporting hazardous waste, the transporter must sign and date the manifest acknowledging acceptance of the waste from the generator. Note: To sign an electronic manifest, the transporter must be registered in the e-Manifest system.
• The transporter must return a signed copy to the generator before leaving the generator’s property.
• If the transporter delivers the waste to another transporter or to the designated receiving facility must:
  • Keep one copy of the manifest,
  • Give the remaining copies to the next transporter or receiving facility, and
  • Retain the records for at least three years.
• The transporter must deliver the entire shipment of hazardous waste to:
  • The receiving facility listed on the manifest,
  • The alternate designated facility,
  • The next designated transporter, or
  • The place outside the U.S. designated by the generator.
• If the load of hazardous waste is rejected by the receiving facility, the transporter must retain a copy of the original manifest and obtain a signed new manifest from the rejecting facility.

Receiving facilities, also known as treatment, storage, and disposal facilities, are the ultimate destination for hazardous waste. Receiving facilities play a large role in the hazardous waste manifest system. Their responsibilities include:

• To handle electronic manifests, the designated facility must have an EPA Identification Number (even state-only waste facilities) and register with the e-Manifest system.
• Complete the designated facility’s portion of the manifest, including management method codes.
• Return a signed copy of the manifest (page four) to the transporter.
• Retain a copy of each manifest for at least three years from the date of delivery.
• Pay the assessed fees from EPA at the end of each month.

EPA's final rule Integrating e-Manifest with Exports and Other Manifest-Related Reports, PCB Manifest Amendments, and Technical Corrections (July 2024) removed the existing final copy transmittal requirements for designated receiving facilities and commercial storage and disposal facilities, respectively, to send paper copies of manifests to the generator. Large and small quantity generators need to register personnel to access the manifest records for their site.

Who can sign the manifest?

• An employee who signs the manifest must be trained, at the minimum, every three years.
• Hazardous waste employees must be trained within six months after the date of hire or assignment to the facility, or when they are moved to a new position at the facility.

The person who fills out and signs the manifest needs training in both hazardous waste and hazardous materials (hazmat). That’s because the Department of Transportation (DOT) considers the person who signs the manifest to be a “hazmat employee.” To sign a hazardous waste manifest, the employee must know how the waste was produced and managed, along with the hazardous characteristics of the waste.

A hazmat employee, according to 49 CFR 171.8, is “an individual employed on a full time, part time, or temporary basis by a hazmat employer, or who is self-employed, who during the course of employment:

• Loads, unloads, or handles hazardous materials;
• Designs, manufactures, fabricates, inspects, marks, maintains, reconditions, repairs, or tests a package, container, or packaging component that is represented, marked, certified, or sold as qualified for use in transporting hazardous material in commerce;
• Prepares hazardous materials for transportation;
• Is responsible for safety of transporting hazardous materials;
• Operates a vehicle used to transport hazardous materials.”

An employee who signs the manifest must be trained, at the minimum, every three years, according to the requirements of 49 CFR 172.704. Function-specific training is required. Therefore, the more involved in managing, packaging, and shipping the employee is, the more training the employee will need.

As far as the Environmental Protection Agency (EPA) is concerned, when an employee signs the manifest, that means the employee is familiar with the process used to identify, store, and prepare the waste for transport. They must be trained in those areas at a minimum.

The minimal amount of training that small quantity generators (SQGs) must provide is found at 40 CFR 262.16(b)(9)(iii): “The small quantity generator must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies.”

The training requirements for large quantity generators (LQGs) at 262.17(a)(7) are more extensive than for SQGs, but they also require facility-specific training geared toward the particular job of the employee.

Facility personnel must successfully complete a program of classroom instruction, online training (e.g., computer-based or electronic), or on-the-job training that teaches them to perform their duties in a way that ensures compliance with this part. The large quantity generator must ensure that this program includes all the elements described in the document required under paragraph (a)(7)(iv) of this section [which describe emergency procedures and equipment].

Hazardous waste employees must be trained within six months after the date of hire or assignment to the facility, or when they are moved to a new position at the facility. Employees must not work unsupervised until they have completed the training. Facilities must offer refresher training every year.

Exception reporting

Exception Reports are intended to address the situation in which the generator does not receive timely confirmation that their hazardous or PCB wastes, tracked with a manifest, arrived at the facility designated by the generator to receive its waste. Exception Reports are required in the Federal regulations at § 262.42 (Hazardous Waste) and § 761.217 (PCBs).

In the final rule Integrating e-Manifest with Exports and Other Manifest-Related Reports, PCB Manifest Amendments, and Technical Corrections (July 2024) EPA finalized revisions to allow LQGs and SQGs to submit electronic exception reporting in e-Manifest for both paper and electronic manifests. Beginning on December 1, 2025, LQGs and SQGs must comply with the electronic reporting requirements discussed below, including the requirement that LQGs and SQGs must submit Exception Reports directly in EPA's e-Manifest system. Beginning December 1, 2025, LQGs and SQGs will no longer have the option to supply written, paper Exception Reports to the EPA Regional Administrators or authorized States via postal mail.

The final rule removes the existing requirement that LQGs must sign the cover letter of an Exception Report “by hand”. A separate cover letter is no longer necessary since an explanation of the efforts taken to locate the hazardous waste and the results of those efforts will be prepared directly in EPA's e-Manifest system as part of the electronic Exception Report.

The final rule also clarifies that VSQGs that meet the conditions under § 262.232(a) for managing hazardous waste from an episodic event may continue to submit the Exception Reports directly to EPA or the States in lieu of submitting them via the e-Manifest system.

Retention of electronic Exception Reports in the e-Manifest system satisfy any requirement for a generator to keep or retain a copy of an Exception Report; and generators may not be held liable for the inability to produce an Exception Report through the e-Manifest system for inspection if the report is inaccessible due to the system being down and thus a denial of services occurs.

For shipments accompanied by paper manifests, LQGs and SQGs must prepare the Exception Reports according to § 262.42(a)(2) and (b), respectively, by uploading an image file of their initial copy of the manifest (Page 4 of the new manifest form) for which the generator does not have confirmation of delivery and entering select information from the manifest. LQGs must also provide an explanation in the e-Manifest system describing the efforts the LQG has taken to locate the waste shipment and the results of those efforts. SQGs only need to upload an image file of their initial copy of the manifest along with a statement that the return copy was not received.

For fully electronic and hybrid manifests, the generator will be able to use the information already in the e-Manifest system to fill out the electronic Exception Report. EPA will provide access to Exception Reports to EPA and State personnel through the e-Manifest system.

Only generators with an EPA ID number and a registered user for access to e-Manifest will be able to submit an Exception Report electronically. Federally, EPA only requires LQGs and SQGs to submit Exception Reports, and these generators are already required to have an EPA ID number and, with this final rule, are now required to have a registered user. To submit electronic Exception Reports, generators will need a registered user with at least Certifier level permissions in the e-Manifest module (a permission level that currently requires identity proofing and an electronic signature agreement).

There is a uniform exception reporting timeframe for all generators, regardless of their status ( i.e., LQG, SQG). The finalized revisions under §§ 262.42(a)(1) and 761.217(a)(1) for LQG and PCB generators, respectively, state that the generator must contact the transporter and/or the owner or operator of the designated facility within 45 days to determine the status of the hazardous waste after not receiving a final copy of the manifest. This is an additional 10 days beyond the proposed 35-day requirement. SQGs are not subject to this requirement in the existing regulations. The final 45/60-day timeframes for LQGs and PCB generators provide additional time for the receiving facility to submit final copies of the manifest to the e-Manifest system and for the EPA paper processing center to enter the paper manifest, if necessary, in order for the generator to receive its final copy. The 45/60-day timeframes also serve to simplify the exception reporting regulations for generators: all generators must submit an Exception Report after 60 days.

The e-Manifest system

• Hazardous waste generators have the option of using paper hazardous waste manifests or opting into e-Manifest.

The Environmental Protection Agency (EPA) launched its Electronic Hazardous Waste Manifest System, or e-Manifest, on June 30, 2018. After that date, hazardous waste generators have the option of using paper hazardous waste manifests or opting into e-Manifest.

Note on paper manifests: Prior to June 30, 2018, paper manifests consisted of six copies:

• The generator signed and kept one copy,
• The transporter(s) signed and kept one copy,
• The receiving facility signed and kept one copy,
• The receiving facility returned a signed copy to the generator,
• The receiving facility or the generator sent a signed copy to the generator’s state (if required), and
• The receiving facility or the generator sent a signed copy to the receiving facility’s state (if required).

After June 30, 2018, the paper manifest has only five copies. This is because states no longer receive a copy. Instead, the receiving facility will send one copy to EPA for data entry into a publicly accessible database.

Filling out the manifest

• There are 15 items to filling out the manifest.
• The generator certification is a legal statement saying the generator has fully disclosed the hazards of and accurately described the waste on the manifest.

Item 1 — Generator’s EPA identification number

As a hazardous waste generator, the facility is assigned a 12-digit identification number. Be sure this number is listed in item 1 on the manifest.

Item 2 — Number of pages

Enter the total number of pages used to complete the manifest (Count page one along with the number of continuation sheets needed).

Item 3 — Emergency response phone number

Enter an emergency response phone number in Item 3 of the manifest. This number must be able to reach someone who is capable of and will accept responsibility for the waste shipment. The number must be monitored the entire time the waste shipment is being transported (24/7) by someone who knows the hazards of the waste and how to respond to a spill or release of that waste.

Item 4 — Manifest tracking number

Each manifest has a 12-digit tracking number. This number is unique to that manifest and is the way the federal government or the state tracks the waste from the generator to the destination facility.

Item 5 — Generator information

Enter the name of the facility, the mailing address where the destination facility will send the signed manifest, and the telephone number.

Items 6 and 7 — Transporter(s)

Enter the company name of the hazardous waste transporter. If the shipment requires a second transporter along the way, include that company’s name on the form. If needed, use the manifest continuation sheet for additional transporters.

Item 8 — Destination facility

Enter the destination facility’s name and site address, along with its phone number and Environmental Protection Agency (EPA) 12-digit identification number. Destination facilities are also known as treatment, storage, and disposal facilities (TSDFs).

Items 9a and 9b — DOT description

This area addresses the Department of Transportation (DOT) description of the waste and includes the proper shipping name, hazard class or division, identification number (UN/NA), and packaging group. Use the continuation sheet if more space to list waste is needed.

Item 10 — Containers

List the number of containers and container types in Item 10. Container types are as follows:

• BA = burlap, cloth, paper, or plastic bags
• CF = fiber or plastic boxes, cartons, cases
• CM = metal boxes, cartons, cases (including roll-offs)
• CW = wooden boxes, cartons, cases
• CY = cylinders
• DF = fiberboard or plastic drums, barrels, kegs
• DM = metal drums, barrels, kegs
• DT = dump truck
• DW = wooden drums, barrels, kegs
• HG = hopper or gondola cars
• TC = tank cars
• TP = portable tanks
• TT = cargo tanks (tank trucks)

Item 11 — Total quantity

When entering the total quantity of a waste, round to the nearest whole unit. Use the actual weight of the waste and do not use the container capacity as an estimate.

Item 12 – Units of measure

Enter the unit of measure used each listed waste. These units include:

• G = Gallons (liquids only)
• K = kilograms
• L = liters (liquids only)
• M = metric tons (1000 kilograms)
• N = Cubic meters
• P = Pounds
• T= tons (2000 pounds)
• Y = Cubic yards

Item 13 — Waste codes

Enter up to six federal and state waste codes to describe each waste stream listed in Item 9b. Enter in any state codes that do not repeat the federal codes. Use the waste codes that most represent the properties of the waste.

Item 14 — Special handling instructions and additional information

Enter in any special handling or shipment-specific information. This could include waste profile numbers, container codes, bar bodes, or response guide numbers. Optional information includes chemical names, constituent percentages, physical state, or the specific gravity of wastes identified with the volumes listed in Item 12.

Also use this space to record alternate facility designations, or information about rejected loads.

Item 15 — Generator certification

The generator certification is a legal statement saying the generator has fully disclosed the hazards of and accurately described the waste on the manifest. The statement reads: “I hereby declare that the contents of this consignment are fully and accurately described above by the proper shipping name, and are classified, packaged, marked, and labeled/placarded, and are in all respects in proper condition for transport according to applicable international and national governmental regulations. If export shipment and I am the Primary Exporter, I certify that the contents of this consignment conform to the terms of the attached EPA Acknowledgment of Consent.”

Waste minimization certification

• When a facility certifies the manifest, a company certifies that it has developed and is following a waste minimization plan.

When a facility certifies the manifest, a company certifies that it has developed and is following a waste minimization plan. The waste minimization plan described in 262.27(a) for large quantity generators (LQGs) says: “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 plan described in paragraph (b) for small quantity generators (SQGs) says: “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.”

Training for hazmat employees

• All employees involved in the handling and transportation of hazardous materials must complete training.
• A record of current training, including the preceding three years, must be created and retained for each hazmat employee for the duration of employment, and for 90 days thereafter.

Employees who load, unload, or handle hazardous materials for transportation (including signing the hazardous waste manifest), are considered to be “hazmat employees” and must also be trained according to the Department of Transportation’s training requirements as well as the Environmental Protection Agency’s (EPA’s) training requirements.

49 CFR Part 172, Subpart H requires training for all employees involved in the handling and transportation of hazardous materials. The Hazardous Materials Regulations (HMR) require training be given by hazmat employers to all their hazmat employees regarding the safe transportation of hazardous materials. This includes emergency response.

A hazmat employee is an individual, including a self-employed individual, who, during the course of employment performs any function subject to the HMR. Before any hazmat employee performs any function subject to the HMR the hazmat employee must be trained, tested, and certified by the hazmat employer. Recurrent training is required once every three years.

However, if a new regulation is adopted or an existing regulation is changed, that relates to a function performed by a hazmat employee, that employee must be instructed on the new or revised regulations. This training must be completed before the employee performs the function and before the employee’s three-year recurrent training. The employee only needs to be instructed on the new or revised requirements.

An employee may perform hazmat job functions before completing hazmat training, provided:

• The employee does so under the direct supervision of a properly trained and knowledgeable hazmat employee; and
• The hazmat training is completed within 90 days of employment or change in job function.

After completion of the training, each hazmat employer must certify, with appropriate documentation, that each hazmat employee received training and was tested on appropriate areas of responsibility. By requiring training, a hazmat employee’s awareness of safety considerations and regulatory requirements is increased, thereby reducing the occurrence of hazardous materials incidents caused by human error.

Training record

A record of current training, including the preceding three years, must be created and retained by the hazmat employer for each hazmat employee for the duration of employment, and for 90 days thereafter. The record shall include all of the following:

• The hazmat employee’s name;
• The most recent training completion date of the hazmat employee’s training;
• A description, copy, or the location of the training materials used;
• The name and address of the person providing the training;
• Certification that the hazmat employee has been trained and tested.

What are the required records?

• Treatment, storage, and disposal facilities are required to keep detailed operating records.
• Required records for SQGs and LQGs include waste characterization, manifests, LDR paperwork, and training records.
• Annual reports must be completed by hazardous waste generators that export hazardous waste to a facility outside of the United States.

Generator status determines how much paperwork must be completed and filed.

Operating record: Treatment, storage, and disposal facilities are required to keep detailed operating records (as described in Part 264). While the Environmental Protection Agency (EPA) references operating records for small quantity generators (SQGs) and large quantity generators (LQGs), the agency doesn’t define the term for generators. Instead, think of all the required records as an operating record.

These required records include:

• Waste characterization: All generators must keep all waste analyses, test results, or waste determinations from the last date that the waste was sent offsite, and any other waste reports for three years.
• Manifests: SQGs and LQGs must keep signed copies of manifests and any exception reports for three years.
• Land Disposal Restriction (LDR) paperwork: SQGs and LQGs must keep copies of all LDR paperwork, including initial notices, certifications, waste analysis data, and other documentation related to waste treatment and disposal for at least three years from the date the waste that is the subject of the documentation was last sent to the disposal facility.
• Training records: SQGs and LQGs must keep training records for current employees until closure of the facility. Keep records for former employees for at least three years from the date the employee last worked at the facility.

SQG “re-notifications”

EPA and the states are aware of LQG hazardous waste activities because of the biennial report. EPA is now requiring SQGs to submit “re-notifications” to the state beginning in 2021 and every four years thereafter.

Note that some states already have more stringent reporting requirements. They may require annual reporting and/or may require SQGs and very small quantity generators (VSQGs) to report.

Annual reports for exporters

Annual reports must be completed by hazardous waste generators that export hazardous waste to a facility outside of the United States. The report is required by EPA to keep track of all shipments of hazardous waste leaving the country.

An annual report must be filed no later than the first of March of each calendar year, and must summarize the types, quantities, frequency, and ultimate destination of all hazardous waste exported during the previous calendar year. The facility’s EPA identification number is also required on the report. There is no actual form for this, but the regulation at 262.56 explains the requirements.

Regulated entities

• There are four types of regulated participants in the universal waste system.
• Materials managed as universal waste can be stored for a year and are not required to be shipped with a manifest.

There are four types of regulated participants in the universal waste system:

• Small quantity handlers of universal waste;
• Large quantity handlers of universal waste;
• Universal waste transporters; and
• Universal waste destination facilities.

In general, materials managed as universal waste can be stored for a year and are not required to be shipped with a manifest. In addition, universal wastes do not need to be counted toward a generator’s category for the purpose of determining whether it is a very small quantity generator, small quantity generator, or large quantity generator. The universal waste regulations do require that the materials be managed in a way to prevent releases to the environment and tailors those requirements to each type of universal waste (for small quantity handlers and for large quantity handlers). Finally, the standards also include labeling, a requirement to respond to releases, and transport to a facility that is permitted or otherwise designated for receiving hazardous waste, such as a recycler.

Small quantity handlers of universal waste

Small quantity handlers of universal waste (SQHUWs) do not accumulate 5,000 kilograms (11,000 pounds) or more of universal waste at any time. They may not dispose of universal waste and may not dilute it or treat it except in responding to emergencies.

All handlers must manage universal waste in a way that prevents releases to the environment. This includes containing any universal waste that shows evidence of leakage, spillage, or damage that could cause leakage. The container itself must be closed, structurally sound, compatible with the universal waste contents, and lack evidence of leakage, spillage, or damage that could cause leakage.

SQHUWs are not required to notify the Environmental Protection Agency (EPA) of their universal waste activities, do not require an EPA Identification Number, and are not required to keep manifests or other records of shipments of universal waste. However, it’s always a best practice to keep records even if there is no obligation.

Under 273.16, SQHUWs must provide very basic training to employees. Specifically, they must inform all employees who handle or have responsibility for managing universal waste. The information must describe proper handling and emergency procedures appropriate to the type(s) of universal waste handled at the facility.

Batteries

• While universal wastes should be sorted by type, different kinds of batteries may be mixed if desired.
• Not all lithium batteries exhibit the characteristics of hazardous waste.

Section 40 CFR 273.9 defines a battery as a device consisting of one or more electrically connected electrochemical cells which is designed to receive, store, and deliver electric energy. An electrochemical cell is a system consisting of an anode, cathode, and an electrolyte, plus such connections (electrical and mechanical) as may be needed to allow the cell to deliver or receive electrical energy. The term battery also includes an intact, unbroken battery from which the electrolyte has been removed.

Some batteries meet the above definition but are not universal wastes. These include spent lead-acid batteries that are being managed under the requirements of 40 CFR Part 266 Subpart G; batteries that are not waste because they have not been discarded; and batteries that are not hazardous waste.

Specific types of batteries covered under the rule include the following:

• Batteries such as nickel-cadmium (Ni-Cd)
• Small, sealed lead-acid batteries, which are found in many common items in the business and home setting, including:
  • Electronic equipment
  • Mobile telephones
  • Portable computers
  • Emergency backup lighting

While universal wastes should be sorted by type (e.g., batteries, lamps), different kinds of batteries may be mixed if desired. Battery cell casings should not be breached, except that cells may be opened to remove electrolyte, but must be immediately closed after removal.

What about lithium-ion batteries?

Before disposing of lithium batteries, determine if it is a hazardous waste. Not all lithium batteries exhibit the characteristics of hazardous waste (ignitability, corrosivity, reactivity, and toxicity). If the battery exhibits a hazardous characteristic, it may be eligible to be managed as a universal waste. Many lithium batteries exhibit the characteristic of toxicity because of heavy metals. Others exhibit the characteristic of reactivity because of the presence of unreacted lithium.

Because it can be difficult to tell if a lithium battery is a hazardous waste, a facility may optionally manage all lithium batteries as universal wastes.

Pesticides

• Universal waste requirements apply only in the situation of a recall, suspension, or cancellation or when collected as part of a waste pesticide collection program.
• The universal waste requirements do not apply to pesticides that are not wastes or are not hazardous wastes.

Section 40 CFR 273.9 defines a pesticide as any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, or intended for use as a plant regulator, defoliant, or desiccant, with certain exceptions.

The universal waste regulations can be used to manage pesticides that have been recalled if they are either stocks of a suspended and canceled pesticide that are part of a voluntary or mandatory recall under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (including, but not limited to those owned by the registrant responsible for conducting the recall) or if they are stocks of a suspended or canceled pesticide, or a pesticide that is not in compliance with FIFRA, that are part of a voluntary recall by the registrant. Universal waste can also be used to manage stocks of other unused pesticide products that are collected and managed as part of a waste pesticide collection program.

A recalled pesticide becomes a waste on the first date upon which both of the following conditions apply:

• The generator of the recalled pesticide agrees to participate in the recall, and
• The person conducting the recall decides to discard the recalled materials (e.g., burn the pesticide for energy recovery).

Note that the universal waste requirements apply only in the situation of a recall, suspension, or cancellation described above or when collected as part of a waste pesticide collection program. Hazardous waste pesticides that do not fit into these categories must be managed under the requirements in Parts 260 through 272 or in compliance with 40 CFR 262.70, which addresses pesticides disposed on a farmer’s own farm in a manner consistent with the disposal instructions on the label when the container is triple rinsed.

The universal waste requirements do not apply to pesticides that are not wastes or are not hazardous wastes.

Mercury-containing equipment

• Commonly recognized devices of mercury-containing equipment include thermostats, barometers, manometers, temperature and pressure gauges, and mercury switches.

Section 40 CFR 273.9 defines mercury-containing equipment as a device or part of a device (including thermostats but excluding batteries and lamps) that contains elemental mercury integral to its function.

Some mercury-containing equipment meets the above definition but is not universal waste. These include:

• Equipment or devices from which the mercury-containing components have been removed,
• Mercury-containing equipment that is not waste because it has not been discarded, and
• Mercury-containing equipment that is not hazardous waste.

Some commonly recognized devices are:

• Thermostats
• Barometers
• Manometers
• Temperature and pressure gauges
• Mercury switches, such as light switches in automobiles

Care should be taken not to break ampules of mercury and a clean-up system should be readily available to immediately transfer any mercury resulting from spills or leaks from broken ampules to an intact container.

Lamps

• Lamps that are not waste because they have not been discarded or that are not hazardous waste are not universal wastes.
• Lamps must be recycled within one year.
• Recycling costs vary, depending on the type of lamp, quantities and whether transportation is included.

Section 40 CFR 273.9 defines a lamp as the bulb or tube portion of an electric lighting device. A lamp is specifically designed to produce radiant energy most often in the ultraviolet, visible, and infra-red regions of the electromagnetic spectrum. Lamps that are not waste because they have not been discarded or that are not hazardous waste are not universal wastes.

Examples of common universal waste electric lamps include, but are not limited to:

• Fluorescent
• High-intensity discharge
• Neon
• Mercury vapor
• High-pressure sodium
• Metal halide lamps

Safely handle and store used fluorescent lamps

Lamps should be stored in a way that avoids breakage. Containers must be closed, structurally sound, compatible with the contents of the lamps and must lack evidence of leakage, spillage, or damage that could cause leakage or releases of mercury or other hazardous constituents. Fluorescent lamps can be stored in the original boxes or in boxes from replacement bulbs. Specially manufactured containers can be purchased for storing used lamps until they are ready for recycling. The lamp recycler may also provide a container that makes storage, shipping, or pick-up easier.

Do not tape lamps together or use rubber bands. Close and securely seal boxes/containers with tape. Three-inch PVC (polyvinyl chloride – plastic insulating tape) tape is recommended. Store boxes/containers in a dry place. Make sure there is cooperation with the recycler to fully understand proper procedures for filling and securing boxes or containers of lamps. Label boxes/containers with one of the following: “Universal Waste-Lamp(s),” “Waste Lamp(s),” or “Used Lamp(s).” Lamps must be recycled within one year.

It’s important to protect lamps from breakage. Remove lamps carefully and store used lamps in a location and manner that will prevent breakage.

Certificate of Recycling

A “Certificate of Recycling” is the recycler’s certification of, typically, the total weight of material received on a particular date and confirmation that it was processed in accordance with state and federal regulations. Maintain this paperwork on file so that if any questions are raised about the disposal of the waste lamps, it can be verified that they were recycled according to the Universal Waste Rule.

Recycling costs

Recycling costs vary, depending on the type of lamp, quantities and whether transportation is included. It is best to call for at least three quotes. The following price ranges are typical:

• Tubes – 4 cents to 12 cents per linear foot
• High intensity discharges – $1.50 - $2.00
• Compact fluorescent lamps – 50 cents - $1.00

Non-empty aerosol cans

• Not all aerosol cans are hazardous wastes, but only those that exhibit a hazardous waste characteristic or contain a substance listed in the hazardous waste regulations.
• “RCRA empty” aerosol cans that are recycled may be considered exempt scrap metal.
• Small and large quantity handlers of universal wastes must manage universal waste aerosol cans in a way that prevents releases of any universal waste.

In late 2019, the Environmental Protection Agency (EPA) added hazardous waste aerosol cans to the universal waste program. 40 CFR 273.9 defines an aerosol can as a non-refillable receptacle containing a gas compressed, liquefied, or dissolved under pressure, the sole purpose of which is to expel a liquid, paste, or powder and fitted with a self-closing release device allowing the contents to be ejected by the gas.

An aerosol can is usually a small steel or aluminum container, designed to be handheld and is sealed with its contents under pressure. The can may include several components, including:

1. The can or container that stores both propellant and the product.
2. An actuator or button at the top of the can that is pressed to deliver the products.
3. A valve, which controls delivery or flow of the product.
4. The propellant (a compressed or liquefied gas), which provides the pressure in the container to expel or release the product when the actuator is pressed to open the valve.
5. The product.
6. A dip tube, which is connected to the valve to bring the product up through the can to be released when the actuator is pressed.

Not all aerosol cans are hazardous wastes, but only those that exhibit a hazardous waste characteristic or contain a substance listed in the hazardous waste regulations.

Potential hazards

When aerosol cans are mismanaged, accidentally punctured, or exposed to excessive heat, the internal pressure in the cans may exceed the design strength of the can, resulting in the can bursting and releasing its contents. If the propellant of product is ignitable, the contents may catch fire as they are released and exposed to oxygen. Or the bottom of the can may detach, potentially causing the upper part of the can to become a projectile.

Can puncturing

An issue that is unique to aerosol cans is can puncturing to drain the contents of the cans before disposal. Universal waste handlers that choose to puncture and drain cans must recycle the empty cans along with the following:

1. Use a device specifically designed to safely puncture aerosol cans and effectively contain the residual contents and any emissions.
2. Establish and follow a written procedure describing how to safely puncture and drain the can; maintain a copy of the manufacturer’s instructions onsite; and ensure employees operating the device are trained in the proper procedures.
3. Ensure puncturing is done in a manner to prevent fires and the releases of any component of the universal waste into the environment. (E.g., place the device on a solid, flat surface in a well-ventilated area.)
4. Immediately transfer the contents from the waste aerosol can or puncturing device to a container or tank that meets the hazardous waste generator requirements.
5. Conduct a hazardous waste determination on the contents of the emptied aerosol can. These contents may be subject to all of the applicable hazardous waste regulations.
6. If the contents are not hazardous waste, the handler may manage the waste as a solid waste.
7. A written procedure must be in place in the event of a spill or leak and a spill clean-up kit must be available. All spills or leaks of the contents of the aerosol cans must be cleaned up promptly.

Empty cans

“Resource Conservation and Recovery Act (RCRA) empty” aerosol cans (261.7) that are recycled (not disposed of) may be considered exempt scrap metal (meaning all such punctured cans are exempt from hazardous waste requirements when recycled). Empty cans may still be managed as universal waste if that makes things easier on the handler.

For the propellant, a container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric.

Management of universal waste aerosol cans

Both small and large quantity handlers of universal wastes must manage universal waste aerosol cans in a way that prevents releases of any universal waste. The cans must be accumulated in a container that is structurally sound, compatible with the contents of the cans, lacks evidence of leaking, spilling, or damage that could cause leaking under reasonably foreseeable conditions, and is protected from sources of heat.

If the cans show evidence of leaking, they must be packaged in a separate closed container or overpacked with absorbents, or immediately punctured and drained.

Handlers may conduct the following as long as each individual aerosol can is not breached and remains intact:

• Sorting aerosol cans by type;
• Mixing intact cans in one container; and
• Removing actuators to reduce the risk of accidental release.

What are the pre-shipping requirements for universal waste?

• Handlers of universal waste are prohibited from sending or taking universal waste to a place other than another universal waste handler, a destination facility, or a foreign destination.

Handlers of universal waste are prohibited from sending or taking universal waste to a place other than another universal waste handler, a destination facility, or a foreign destination.

If an organization self-transports universal waste offsite, it becomes a universal waste transporter for those self-transportation activities and must comply with the transporter requirements for transporting the universal waste.

Before sending a shipment of universal waste to another universal waste handler, a facility must ensure that the receiving handler agrees to receive the shipment.

Reminder: Small quantity handlers of universal waste (SQHUWs) are not required to keep records of shipments of universal waste, but it’s a best practice to do it anyway.

EPA’s final rule for pharmaceutical wastes

• The rule prohibits dumping all hazardous waste pharmaceuticals down the drain and requires them to be sent for incineration or other responsible disposal options.

The Environmental Protection Agency (EPA) published its final rule, Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine, on February 22, 2019, with an effective date of August 21, 2019. The rule is intended to streamline standards for managing hazardous waste pharmaceuticals in the healthcare and retail sectors.

Under the rule, hospitals, pharmacies, and medical offices have more flexibility to safely manage drug waste. In addition, Food and Drug Administration (FDA)-approved over-the-counter nicotine replacement therapies such as gums, patches, and lozenges will no longer be considered hazardous wastes when disposed of. Until this rule, these wastes were treated as acute hazardous wastes, meaning accumulating as little as one kilogram of a nicotine-containing waste could push a generator into the large quantity generator (LQG) category.

The final rule creates Part 266 Subpart P for the management of hazardous waste pharmaceuticals by healthcare facilities and reverse distributors. Healthcare facilities and reverse distributors will manage hazardous waste pharmaceuticals under this set of sector-specific standards instead of the generator regulations in Part 262.

The rule prohibits dumping all hazardous waste pharmaceuticals down the drain and requires them to be sent for incineration or other responsible disposal options. This is expected to reduce the amount of toxic chemicals entering U.S. surface waters by up to 2,300 tons per year. Further, the rule eliminates the dual regulation of hazardous waste pharmaceuticals that are also Drug Enforcement Administration (DEA) controlled substances by exempting them from Resource Conservation and Recovery Act (RCRA) regulation.

The final rule does not add pharmaceuticals to the hazardous waste listings at 40 CFR 261 Subpart D or expand the hazardous waste characteristics to include additional pharmaceuticals in 40 CFR 261 Subpart C.

A note on household hazardous waste: Drugs collected during pharmaceutical take-back programs and events are considered to be exempt household hazardous waste. EPA encourages these collections to ensure proper disposal.

Healthcare facilities vs. non-healthcare facilities

• There are different requirements for medical waste for healthcare facilities and non-healthcare facilities.

The following summarizes the different requirements for medical waste for healthcare facilities and non-healthcare facilities.

Healthcare facilities

• Understand the state medical waste regulations that apply to the waste.
• Properly identify and manage all the types of wastes generated.
• Separate, or segregate, infectious waste from other waste types.
• Manage infectious waste that is also a hazardous waste (certain chemotherapy drugs, disinfectants, sterilants, etc.) as hazardous waste.
• Treat or disinfect infectious waste (or send the waste to a facility that will treat or disinfect it) before disposing of it.
• Ensure sharps are placed in appropriate sharps containers (puncture resistant, closable).
• Ensure proper packing for transportation.
• Use a licensed infectious waste transporter (if required by the state).
• Provide personal protective clothing and equipment (gloves, masks, aprons, etc.) to workers who manage infectious waste.

Non-healthcare facilities

• Understand if OSHA’s Bloodborne Pathogens (BBP) Standard applies. The BBP applies to General Industry employers that have employees with occupational exposures to BBP.
• Take universal precautions. Treat all human blood and human body fluids as if known to be infectious.
• Follow all the requirements of the BBP Standard at 29 CFR 1910.1030.
• Best practices include double-bagging contaminated wastes (used gloves, face masks, wipes, and other disposable items) and placing this bag into a rigid trash container with a lid or a dumpster.
• Affix warning labels to containers of regulated waste; containers of contaminated reusable sharps; refrigerators and freezers containing blood or toper potentially infectious materials; other containers used to store, transport, or ship blood or other potentially infectious materials (OPIM); contaminated equipment that is being shipped or services; and bags or containers of contaminated laundry. Facilities may use red bags or red containers instead of labels.
• Ensure proper packaging for transportation.

Medical waste containers

• Medical waste containers are typically red or orange and marked and labeled with the universal bio-hazard symbol.
• Waste should be separated into appropriate containers where it is generated.

Medical waste containers are typically red or orange and marked and labeled with the universal bio-hazard symbol. The containers should be placed wherever medical/infectious waste is generated. Examples include:

• Dental clinics
• Patient treatment rooms
• Phlebotomy areas
• Medical laboratories
• Minor surgery areas
• Urgent care clinics

Sharps containers must be made of rigid, puncture-resistant material. They must be leakproof and sealable. All sharps should be disposed of in this container, even if unused.

Infectious fluids containers must be capable of containing potentially infectious liquids with no leaks or breaks. It must be kept capped or closed.

Waste segregation

Waste should be separated into appropriate containers where it is generated. Note: Facilities may optionally place non-medical waste in a red container. However, if medical waste is placed in the regular trash, the entire trash container may need to be managed as a medical waste.

Note that bandages and other absorbent materials that contain a small amount of blood or body fluids are not infectious waste.

Treatment, cleanup, and disposal

• Generally, treat all infectious waste before disposing of it locally.
• Federal EPA has the ultimate jurisdiction over medical waste treatment technologies that claim to reduce the infectiousness of the waste by using chemicals.

Check with state and local authorities for waste disposal requirements. Generally, treat all infectious waste before disposing of it locally. Treatment may include steam sterilization or incineration. There may be an option to ship it offsite for treatment and disposal.

Hospital/Medical/Infectious waste incineration (HMIWI)

More than 90 percent of potentially infectious medical waste was incinerated before 1997. In August 1997, the Environmental Protection Agency (EPA) set stringent emissions standards for medical waste incinerators because of significant concerns over detrimental air quality affecting human health. EPA regulates the incineration of infectious waste under the Clean Air Act through new source performance standards (NSPS), emission guidelines (EG), and a federal implementation plan (FIP) for hospital/medical/infectious waste incineration (HMIWI).

The HMIWI rules set limits for the following pollutants:

• Cadmium
• Carbon monoxide
• Hydrogen chloride
• Lead
• Mercury
• Nitrogen oxides
• Particulate matter
• Polychlorinated dibenzo-p-dioxins and polychlorinated dibenzofurans
• Sulfur dioxide

Other methods of treating medical and infectious wastes include:

• Thermal treatments, such as microwave technologies;
• Steam sterilization, such as autoclaving;
• Electropyrolysis; and
• Chemical mechanical systems.

Check with the state to understand the regulations in the area. States may require treatment technologies to be certified, licensed, or otherwise regulated.

Medical waste autoclaves

Medical waste autoclaves use heat, pressure, and/or steam to sterilize medical waste before it is sent for land disposal. Treated waste is generally compacted after being autoclaved to reduce the volume of the waste.

Federal EPA has the ultimate jurisdiction over medical waste treatment technologies that claim to reduce the infectiousness of the waste (i.e., that claim any antimicrobial activity) by using chemicals. This jurisdiction comes from the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Companies that make such claims must register their treatment product under FIFRA through EPA’s Office of Prevention, Pesticide, and Toxic Substances (OPPTS), Antimicrobial Division.

Spill cleanup

Only allow trained employees to clean spills of infectious waste. Employees should wear protective equipment, including gloves, masks, and gowns if necessary. Dispose of cleanup materials in appropriate containers.

Maintain an infectious waste log. Make an entry on the log for each container of infectious waste placed into and removed from the storage area. Maintain these records for three years (or for the period of time specified by the state).

Think about contracting with an infectious waste disposal contractor. A contractor can provide containers that meet state requirements, provide appropriate documentation, and help staff save time and effort. Be sure to vet the contractor carefully. Generators are ultimately responsible for the proper handling and disposal of the waste.

Transporting infectious substances

• Infectious substances fall into three classifications for transport: category A, category B, and regulated medical waste.

The Department of Transportation’s (DOT’s) Pipeline and Hazardous Materials Safety Administration (PHMSA) regulates the transportation of infectious substances, including regulated medical waste, as a hazardous material under the Hazardous Materials Regulations (HMR 49 CFR 171-180). The HMR applies to any material capable of posing an unreasonable risk to health, safety, and property when transported in commerce. An infectious substance must meet all applicable HMR requirements when offered for transportation by air, highway, rail, or water.

The HMR cover the classification, packaging, hazard communication, and security plans (in some cases) for infectious substances. Infectious substances fall into three classifications for transport:

1. Category A: An infectious substance in a form capable of causing permanent disability or life-threatening or fatal disease in otherwise healthy humans or animals when exposure to it occurs.
2. Category B: An infectious substance not in a form generally capable of causing permanent disability or life-threatening or fatal disease in otherwise healthy humans or animals when exposure to it occurs.
3. Regulated medical waste: A waste or reusable material derived from the medical treatment of an animal or human.

Additional key points to remember for transporters of medical waste include:

• States may require transports to obtain infectious waste, or special waste permits.
• Ensure medical waste is properly packaged and labeled to the specifications listed in the DOT’s Hazardous Materials Regulations.
• It is recommended to ship untreated medical waste in refrigerated box trucks.

CRTs and circuit boards

• CRTs marked for disposal are considered hazardous waste under the RCRA.
• Circuit boards are subject to a special exemption from federal hazardous waste rules.

Cathode ray tubes (CRTs)

The Environmental Protection Agency (EPA) encourages repair and reuse as responsible ways to manage CRTs. If reuse or repair are not practical options, CRTs can be recycled. Recycled CRTs are typically disassembled so that valuable materials can be recovered. Thus, CRTs sent for recycling are subject to streamlined handling requirements under the Cathode Ray Tubes Final Rule.

Due to the presence of lead located in the funnel glass, CRTs marked for disposal are considered hazardous waste under the Resource Conservation and Recovery Act (RCRA). However, CRT glass and used CRTs that are recycled or exported for recycling are not considered solid or hazardous waste under RCRA if certain conditions are met (261.4(a)(22)).

Exporters shipping broken or unbroken CRTs to another country for recycling must notify EPA and receive written consent from the receiving country through EPA before shipments can be made. Exporters who ship used, unbroken CRTs for reuse as computers to another country must submit an annual notification to EPA.

It is important to note that state regulatory requirements for generators may be more stringent than those in the federal program. Be sure to check state policies.

Circuit boards

Circuit boards are subject to a special exemption from federal hazardous waste rules:

• Whole unused circuit boards are considered unused commercial chemical products, which are unregulated.
• Whole used circuit boards meet the definition of spent materials but also meet the definition of scrap metal. Therefore, whole used circuit boards that are recycled are exempt from the hazardous waste regulations.
• Shredded circuit boards are excluded from the definition of solid waste if they are containerized (i.e., fiberpaks) prior to recovery. These shredded circuit boards cannot contain mercury switches, mercury relays, nickel-cadmium batteries, or lithium batteries. If these materials are not treated this way, then they are considered hazardous waste and must be treated as such.

The solvent-contaminated wipes rule

• Most solvent-contaminated wipes are not considered hazardous wastes.

Industrial wipes, or shop rags and towels, are used every day by thousands of commercial and industrial facilities across the United States. When wipes become contaminated with hazardous substances, whether through regular work processes or from cleaning a spill, they must be treated in the same way as the hazardous substance.

That means that if the substance on the wipe is a listed waste (40 CFR Part 261 Subpart D) or if it exhibits a hazardous characteristic (ignitability, corrosivity, reactivity, or toxicity), consider the wipe to be a hazardous waste.

The solvent-contaminated wipes rule

Under an Environmental Protection Agency (EPA) rule that went into effect in January 2014, most solvent-contaminated wipes are not considered hazardous wastes. In order to qualify for the exemption, the wipes may only be contaminated with certain solvents. The wipes cannot be contaminated with a hazardous waste other than a solvent, or with a substance that exhibits another characteristic such as toxicity, corrosivity, or reactivity due to contaminants other than solvents; these wipes must be managed as hazardous wastes.

The exclusions apply to wipes containing one or more F001-F005 solvents listed in 261.31 or the corresponding P- or U-listed solvents found in 261.33, including:

What is (and is not) used oil?

• Used oil must have been refined from crude oil or made from synthetic materials.
• Oils used as lubricants, hydraulic fluids, head transfer fluids, buoyants, and for other similar purposes are considered used oil.
• Used oil must be contaminated as a result of being used.

Used oil includes “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.” To meet the Environmental Protection Agency’s (EPA’s) definition of used oil, a substance must meet each of the following criteria:

1. Origin: Used oil must have been refined from crude oil or made from synthetic materials. Animal and vegetable oils are excluded from EPA’s definition of used oil under this regulation.
2. Use: Oils used as lubricants, hydraulic fluids, head transfer fluids, buoyants, and for other similar purposes are considered used oil. Unused oil such as bottom clean-out waste from virgin fuel oil storage tanks or virgin fuel oil recovered from a spill do not meet the definition of used oil. EPA’s definition also excludes products used as cleaning agents or solely for their solvent properties, as well as certain petroleum-derived products such as antifreeze and kerosene.
3. Contaminants: To meet EPA’s definition, used oil must be contaminated as a result of being used. This includes residues and contaminants generated from handling, storing, and processing used oil. Physical contaminants can include dirt, metal scrapings, or sawdust. Chemical contaminants could include solvents, halogens, or saltwater.

The used oil management standards at Part 279 apply differently depending upon how oil is handled.

Examples of used oils:

• Brake fluids
• Compressor oils
• Coolants
• Electrical insulating oil
• Emulsions
• Engine oil
• Fluids used in hydraulic equipment
• Greases
• Industrial hydraulic fluid/industrial process oils
• Laminating oils
• Lubricant sprayed onto gears
• Metal-working fluids and cutting oils
• Mineral oil
• Motor oil
• Oils used as buoyants
• Refrigeration oil
• Refrigeration coolant
• Synthetic oil
• Transmission fluid
• Used oil residues or sludges
• Wire drawing solutions

What does not qualify as a used oil?

• Animal and vegetable oil (even when used as a lubricant)
• Antifreeze
• Kerosene
• Oils used for their solvent
• Petroleum distillates used as solvents to solubize or mobilize and solvents manufactured from synthetic materials
• Used oil re-refining distillation bottoms that are used as feedback to manufacture asphalt products (exempt at 261.4(b)(14))
• Virgin oil (tank bottoms)
• Virgin oil spill clean-up materials
• Wash waters contaminated used oil
• Certain waste oils or oily wastes

Used oil and SPCC

• To ensure that facilities comply with spill prevention regulations the EPA periodically conducts onsite facility inspections.
• Used oil processors, re-refiners, and others covered by Subpart F must develop and implement contingency plans for used oil emergencies.

The Spill Prevention, Control, and Countermeasure (SPCC) rule is intended to help facilities prevent oil spills, prepare for emergencies, and respond quickly to prevent oil discharges to navigable waters and adjoining shorelines. Facilities covered by the rule must prepare, amend, and implement SPCC plans.

To ensure that facilities comply with the spill prevention regulations, the Environmental Protection Agency (EPA) periodically conducts onsite facility inspections.

The SPCC rule applies to owners or operators of nontransportation-related facilities that:

• Drill, produce, store, process, refine, transfer, distribute, use, or consume oil or oil products; and
• Could reasonably be expected to discharge oil to U.S. navigable waters or adjoining shorelines.

A facility is subject to the rule if the facility meets at least one of the following capacity thresholds:

• Aboveground oil storage capacity greater than 1,320 U.S. gallons; or
• Completely buried oil storage capacity greater than 42,000 U.S. gallons.

Additional state regulations could apply. The following are exempt from the SPCC rule:

• Containers with storage capacity of less than 55 gallons of oil,
• Permanently closed containers,
• Motive power containers,
• Wastewater treatment facilities,
• Hot-mix asphalt and hot-mix asphalt containers,
• Residential heating oil containers at single-family residence,
• Pesticide application equipment and related mix containers,
• Completely buried storage tanks subject to all of the technical requirements of 40 CFR Part 280,
• Intra-facility gathering lines subject to U.S. Department of Transportation (DOT) pipeline regulations, and
• Underground oil storage tanks at nuclear power facilities.

SPCC plans vs. contingency plans

Used oil processors, re-refiners, and others covered by Subpart F must develop and implement contingency plans for used oil emergencies. Contingency plans typically address spill cleanup measures after a spill has occurred. On the other hand, SPCC plans are designed to prevent oil spills that could reach navigable waters. Note that a sufficiently robust SPCC plan could also meet the emergency planning requirements of Subpart F.

SPCC plans

• A copy of the SPCC plan must be kept at the facility if the facility is normally attended at least four hours per day.
• Each SPCC plan must include certain standard elements to ensure compliance with the regulations.

Keep a copy of the Spill Prevention, Control, and Countermeasure (SPCC) plan at the facility if the facility is normally attended at least four hours per day. Copies may be kept at the nearest field office for facilities that are not open at least four hours per day. Also, the plan must be available to the Environmental Protection Agency (EPA) for onsite review and inspection during normal working hours.

An SPCC plan is a detailed, facility-specific, written description of how a facility’s operations comply with the prevention guidelines in the Oil Pollution Prevention regulation. These guidelines include such measures as secondary containment, facility drainage, dikes or barriers, sump and collection systems, retention ponds, curbing, tank corrosion protection systems, and liquid level devices.

The SPCC plan should clearly address the following three areas:

• Operating procedures that prevent oil spills;
• Control measures (such as secondary containment) installed to prevent a spill from reaching navigable waters or adjoining shorelines; and
• Countermeasures to contain, clean up, and mitigate the effects of an oil spill that has impacted navigable waters or adjoining shorelines.

The SPCC plan must be unique to the facility. Development of a unique SPCC Plan requires detailed knowledge of the facility and the potential effects of any oil spill. In addition, each SPCC plan must include certain standard elements to ensure compliance with the regulations. These elements include:

• Full approval of management at a level of authority to commit the necessary resources to fully implement the plan.
• A plan certification statement. In most cases, a plan must be certified by a licensed professional engineer, but qualified facilities may be able to self-certify their plans.
• A discussion of the facility’s conformance with the requirements listed in 40 CFR 112.
• A discussion of additional facilities or procedures, methods, or equipment not yet fully operational and an explanation of the details of installation and operational start-up.
• A description of the type of oil in each fixed container and its storage capacity.
• Countermeasures for discharge discovery, response, and cleanup (both the facility’s capability and those that might be required of a contractor).
• A contact list and phone numbers for the facility response coordinator, National Response Center, cleanup contractors, and all appropriate federal, state, and local agencies who must be contacted in case of a discharge.
• Information and procedures in the plan to enable a person reporting a discharge to relate proper information.
• A description of procedures that will be used when a discharge occurs in a way that will make them readily usable in an emergency, including appropriate supporting material.
• A description of containment and/or diversionary structures or equipment to prevent discharged oil from reaching navigable waters. (For on-shore facilities, one of the following must be used at a minimum: dikes, berms, or retaining walls; curbing; culverting, gutters, or other drainage systems; weirs, booms, or other barriers; spill diversion ponds; retention ponds; or sorbent materials.)
• Written procedures for conducting inspections and tests required by 40 CFR 112 and developed for the facility.
• Personnel, training, and discharge prevention procedures.
• A description of how to secure and control access to the oil handling, processing, and storage areas. Alternative requirements to general secondary containment, if any, for qualified oil-filled operational equipment.
• A complete discussion of the spill prevention and control measures applicable to the facility and/or its operations.

Used oil and secondary containment

• Containers used to store used oil at transfer facilities must be equipped with a secondary containment system.
• Existing and new aboveground tanks used to store used oil at transfer facilities must be equipped with a secondary containment system.

Secondary containment of used oil is required by both the Spill Prevention, Control, and Countermeasures (SPCC) regulations and the used oil management regulations for the following used oil handlers:

• Transfer facilities 279.45(d) – (g),
• Processors and re-refiners 279.54 (c) – (e),
• Burners 279.64 (c) – (e), and
• Any other used oil handlers subject to the above regulations.

Secondary containment for containers

Containers used to store used oil at transfer facilities must be equipped with a secondary containment system. The secondary containment system must consist of, at a minimum:

• Dikes, berms, or retaining walls, and
• A floor. The floor must cover the entire area within the dikes, berms, or retaining walls; or an equivalent secondary containment system.

The entire containment system, including walls and floors, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water.

Secondary containment for existing and new aboveground tanks

Existing and new aboveground tanks used to store used oil at transfer facilities must be equipped with a secondary containment system. The secondary containment system must consist of, at a minimum:

• Dikes, berms or retaining walls; and
• A floor. The floor must cover the entire area within the dike, berm, or retaining wall except areas where existing portions of the tank meet the ground; or an equivalent secondary containment system.

The entire containment system, including walls and floors, must be sufficiently impervious to used oil to prevent any used oil released into the containment system from migrating out of the system to the soil, groundwater, or surface water.

Management standards for used oil generators (Subpart C)

• Used oil generators may store used oil in tanks and storage containers such as drums.
• Mislabeling containers is the top-cited violation for used oil generators.

Used oil generators are the largest category of used oil handlers. They include businesses that handle used oil through commercial or industrial operations or from the maintenance of vehicles and equipment.

Some examples of common generators are:

• Car repair shops,
• Service stations,
• Quick lube shops,
• Government motor pools,
• Grocery stores,
• Metal working industries, and
• Boat marinas.

Household “do-it-yourselfers” are not required to comply with the regulation. Also, farmers who produce less than an average of 25 gallons of used oil per month are not considered generators.

If the business generates used oil, then the company must comply with Subpart C, regardless of the amount of oil handled. The standards address mixing used oil with hazardous waste, storage, onsite burning in space heaters, and transporting used oil offsite.

Avoid mixing

If the company wants to avoid having to manage used oil under the more rigorous management requirements of the Environmental Protection Agency’s (EPA’s) hazardous waste regulations, then do not mix used oil with hazardous wastes.

The only way to be sure used oil does not become contaminated with hazardous waste is to store it separately from all solvents and chemicals and to avoid mixing it with anything. Be sure to mark the storage containers as “Used Oil” and instruct employees not to place any other substances in the container.

Storage requirements and labeling

Used oil generators may store used oil in tanks and storage containers such as drums. Used oil may also be stored in units that are permitted to store regulated hazardous waste. Tanks and containers storing used oil do not need to be Resource Conservation and Recovery Act (RCRA) permitted, however, as long as they are labeled and in good condition. The tanks must be in good condition, with no rust, leaks, or deterioration. Used oil may not be stored in lagoons, pits, or surface impoundments that are not permitted under RCRA.

Be sure to label all containers, tanks, and fill pipes as “Used Oil.” Do not label containers with the words “Waste Oil,” “Hazardous Waste,” or any other identifying words. Mislabeling containers is the top-cited violation for used oil generators.

Management standards for used oil collection centers and aggregation points (Subpart D)

• Collection centers typically accept used oil from multiple sources that include both businesses and individuals who bring the used oil to the center in shipments of 55 gallons or less.

Collection centers and aggregation points are facilities that accept small amounts of used oil and store it until enough is collected to ship it elsewhere for recycling. Collection centers typically accept used oil from multiple sources that include both businesses and individuals who bring the used oil to the center in shipments of 55 gallons or less.

Used oil collection centers

Owners and operations of used oil collection centers, including do-it-yourselfer collection centers, must:

• Comply with all of the regulations that apply to used oil generators at Subpart C; and
• Register with their state, county, and/or municipal government to manage oil. They may also need to acquire licenses or permits.

Used oil management for transporters and transfer stations (Subpart E)

• Transporters must determine whether the total halogen content of used oil being transported or stored at a transfer facility is above or below 1,000 ppm.
• Used oil transporters may consolidate or aggregate loads of used oil for transport.
• Transfer facilities have up to 35 days to store used oil.

Transporters are companies that pick up used oil from all sources and deliver it to re-refiners, processors, or burners. Transfer facilities include any structure or area where used oil is held for longer than 24 hours, but not longer than 35 days. Examples of transfer facilities are loading docks and parking areas. The regulations also apply to transporters who import used oil from abroad or export used oil outside the U.S.

It’s important to note that used oil that is transported in trucks that previously held hazardous waste is presumed to have been mixed with the hazardous waste and must be managed as hazardous waste unless the truck was emptied according to the regulations at 261.7, or the transporter is able to prove the used oil is not a hazardous waste.

The rebuttable presumption and transporters

Transporters must determine whether the total halogen content of used oil being transported or stored at a transfer facility is above or below 1,000 ppm by:

• Testing the used oil; or
• Applying knowledge of the halogen content of the used oil in light of the materials or processes used.

Other Subparts of Part 279 may apply to transporters if they:

• Generate used oil (Subpart C).
• Process or re-refine used oil (Subpart F).
• Burn off-specification oil for energy recovery (Subpart G).
• Direct shipments of off-specification used oil from their facility to a used oil burner, or first claim the used oil is to be burned for energy recovery (Subpart H).
• Dispose of used oil (Subpart I).

Used oil management for transporters

In addition to Environmental Protection Agency’s (EPA’s) requirements for transporting used oil, transporters must comply with all Department of Transportation (DOT) regulations and requirements found at 49 CFR Parts 171 – 180.

Used oil transporters may consolidate or aggregate loads of used oil for transport. They may not, however, process the used oil unless they want to be considered used oil processors or re-refiners.

Notification

Used oil transporters must apply for and obtain an EPA Identification Number (EPA Form 8700-12).

Deliveries

All used oil must be delivered to:

• Another used oil transporter that has an EPA ID number;
• A used oil processing or re-refining facility that has an EPA ID number;
• An off-specification used oil burner facility that has an EPA ID number; or
• An on-specification used oil burner facility.

Leaks and spills during transport

If there is a release or discharge of used oil during transport, the transporter must take immediate action to protect human health and the environment. This may include notifying local authorities and taking steps to contain the spill.

Transporters must clean up any used oil discharge that occurs during transportation or take such action as may be required or approved by federal, state, or local officials.

Used oil storage requirements and labeling for transfer facilities

Used oil transfer facilities are transportation related facilities including loading docks, parking areas, storage areas, and other areas where shipments of used oil are held for more than 24 hours during the normal course of transportation and not longer than 35 days. Provisions of the Spill Prevention, Control, and Countermeasures (SPCC) rule also apply. Used oil stored in storage facilities must be kept in tanks, containers, or other approved units that are in good condition (no leaking, no severe rusting, or apparent structural defects). Containers and aboveground tanks used to store used oil at transfer facilities must be labeled or marked clearly with the words “Used Oil.”

Secondary containment

Containers used to store oil at transfer facilities must have secondary containment system. At a minimum, the system must have:

• Dikes, berms, or retaining walls,
• A floor that covers the entire area within the dike, berm, or retaining walls, or
• An equivalent system.

The entire system must be sufficiently impervious to used oil to prevent any oil released into the system from reaching soil, groundwater, or surface water.

35-day limit

Transfer facilities have up to 35 days to store used oil. If they go over that limit, they must comply with the used oil processor/re-refiner requirements.

Leaks and spills at a transfer facility

If a leak or spill occurs at a transfer facility, the owner or operator must take steps to:

• Stop the release;
• Contain the released used oil;
• Clean up and manage the released used oil and any cleanup materials; and
• Repair or replace any leaking used oil storage containers or tanks prior to reusing them.

Waste minimization methods and benefits

• Source reduction reduces or eliminates the generation of waste at the source and refers to any practice that reduces the use of hazardous materials in production processes.
• Reducing waste generation through waste minimization has helped some companies change their RCRA regulatory status.

Source reduction, commonly known as pollution prevention (P2), reduces or eliminates the generation of waste at the source and refers to any practice that reduces the use of hazardous materials in production processes. The Environmental Protection Agency (EPA) says source reduction is more desirable than recycling, treatment, and disposal.

There are significant opportunities for industry to reduce or prevent pollution at the source through cost-effective changes in production, operation, and raw materials use, but these opportunities for source reduction are often not realized because existing regulations focus upon treatment and disposal.

Common examples of source reduction include:

• Early retirement of equipment such as mercury-containing devices like switches and thermostats;
• Reformulating or redesigning products, such as creating new polyvinyl chloride (PVC) compounds without using lead;
• Using less toxic feedstocks, such as switching to the use of lead-free solder in manufacturing;
• Improving work practices, such as reorganizing paint batches in order to reduce cleaning operations.

Recycling, or reclaiming value from production by-products, can often be used when P2 is not economically practical. Recycling includes the reuse or recovery of in-process materials or materials generated as by-products that can be processed further onsite or sent offsite to reclaim value. Recycling is a broad term that encompasses the reuse of materials in original or changed forms rather than discarding them as wastes. Recycling can also be thought of as the collection and reprocessing of a resource so it can be used again, though not necessarily for its original purpose.

Common examples of recycling include:

• Direct use/reuse of a waste in a process to make a product, such as reusing a purge product used to clean paint lines rather than disposing of it by incineration.
• Processing the waste to recover or regenerate a usable product, such as collecting vapor from dry-cleaning operations, turning it back into liquid, and reusing the liquid to clean more clothes.
• Using/reusing waste as a substitute for a commercial product. When mercury is recycled from old equipment like switches, it can be used in new products that still require mercury, such as fluorescent bulbs. Recycling of mercury has been so successful that there is now enough recycled mercury in the U.S. that manufacturers do not need to use new mercury from mines.

A material is recovered if it is processed to recover a usable product, or if it is regenerated. This is known as materials recovery. In energy recovery, waste is converted into usable fuel.

Environmental and economic benefits

Waste minimization not only protects the environment, it also makes good economic and business sense. For example, reducing waste generation through waste minimization has helped some companies change their Resource Conservation and Recovery Act (RCRA) regulatory status from large quantity generator (LQG) to small quantity generator (SQG), or even to very small quantity generator (VSQG). Some have managed to eliminate the generation of hazardous waste and avoid RCRA regulatory requirements altogether.

Source reduction and/or environmentally sound recycling, reuse, and reclamation practices have helped many organizations reduce:

• The quantity and toxicity of hazardous and solid waste generation
• Raw material and product losses
• Raw material purchase costs
• Waste management recordkeeping and paperwork burden
• Waste management costs
• Workplace accidents and worker exposure
• Compliance violations
• Environmental liability

At the same time, waste minimization can improve:

• Production efficiency
• Profits
• Good neighbor image
• Product quality
• Environmental performance

Considerations for a waste survey

• EPA requires a company to make a waste determination for all waste streams.

Perform a waste survey by taking a tour of the entire facility (inside and out) to note each and every waste stream. The Environmental Protection Agency (EPA) requires a company to make a waste determination for all waste streams.

Common waste streams to consider as the waste survey is conducted include:

• Manufacturing processes
• Drains and discontinued lines
• Offices and maintenance areas, electronics, batteries, lamps, thermostats
• Aerosol cans and can puncturing units
• Construction and demolition waste
• Fleet maintenance areas (antifreeze, degreasers, corrosive baths, used oil)
• Laboratories
• Art rooms
• Rags or wipes
• Paints and solvents
• Cleaning activities (power washing areas, housekeeping, and carpet cleaning)
• Yard/Garden care (pesticides, herbicides, degreasers, used oil)
• Maintenance room

Listed hazardous waste

• There are over 500 listed hazardous wastes.
• Unused discarded products include those that are spilled by accident as well as products that are intentionally discarded.
• Acute hazardous wastes are so dangerous in small amounts that they are regulated in the same way as large amounts of other hazardous wastes.

Some wastes are hazardous because they are known to pose a threat even when properly managed, regardless of their concentrations. The Environmental Protection Agency (EPA) says it has studied and listed as hazardous hundreds of specific waste streams. In fact, there are over 500 listed hazardous wastes.

There are four hazardous waste lists. They can be found in Part 261 Subpart D. These lists are:

F list (261.31): These are common wastes from nonspecific sources.

The F list is made up of the following groups:

• Spent solvent wastes,
• Electroplating and other metal finishing wastes,
• Dioxin-containing wastes,
• Chlorinated aliphatic hydrocarbons production wastes,
• Wood preserving wastes,
• Petroleum refinery wastewater treatment sludges, and
• Multi-source leachate.

The F listings refer to “processes only” rather than to specific industries and include wastes from common industrial and manufacturing operations. Because these wastes aren’t industry specific, they are generated by a very large number of facilities.

K list (261.32): These are wastes from specific industries.

Examples include:

• Wood preservation
• Inorganic pigments
• Organic chemicals
• Inorganic chemicals
• Pesticides
• Explosives
• Ink formulation
• Secondary lead
• Coking
• Petroleum refining
• Iron and steel
• Primary aluminum
• Veterinary pharmaceuticals

K wastes are partially defined by the industry in which they are generated and may be unit specific. The industry name for each waste group is listed in the EPA waste number column.

To determine if a waste is a K waste, first determine whether the waste fits within one of the 13 different K list industries.

P list and U list (261.33): These are discarded off-specification, or expired virgin commercial chemical products.

Unused discarded products include those that are spilled by accident as well as products that are intentionally discarded.

Examples include:

• Off-specification commercial chemical products, residue, soil, or debris contaminated by P or U chemicals.
• Container or inner liners removed from a container that held P- or U-listed chemicals. P listings are acutely hazardous wastes. U listings contain toxic constituents. Both the P and the U lists have a narrow applicability to unused commercial chemical products and manufacturing chemical intermediates. Any chemical which has been used for its intended purpose does not meet the P or U listing.

To be a P or a U chemical, the following criteria must be met:

1. The waste must be of a commercially pure grade or technical grade of the chemical that is produced and marketed; and
2. The chemical must be the sole active ingredient, or the only chemically active component for the function of the product. If a product has more than one active ingredient, it would not qualify as a P or U waste. Inert ingredients, such as fillers, do not prevent a P or U listing. For example, a commercial chemical product containing three percent Kepone as the only active ingredient would be a U listed waste, even though the chemical made up only a small percentage of the product.

Acute hazardous waste

Acute hazardous wastes are a special category of listed hazardous waste. These wastes are so dangerous in small amounts that they are regulated in the same way as large amounts of other hazardous wastes. Many pesticides or dioxin-containing wastes are acutely hazardous wastes.

The important thing to note about these wastes is that if the facility generates as little as 2.2 pounds — approximately one liter — of acutely hazardous wastes in a month, or accumulates that amount over time, the facility must comply with all the regulations that apply to large quantity generators (LQGs) of hazardous waste.

All P codes and all listed hazardous waste codes with an “H” hazard code are acutely hazardous, triggering LQG status at 2.2 pounds.

Hazardous waste numbers and hazard codes

• The hazardous waste number must be marked on the hazardous waste container prior to shipping offsite and must be included on the hazardous waste manifest.
• The hazard codes indicate the basis for the waste being included in the hazardous waste lists.

Industry and EPA Hazardous waste numbers

The F, K, P, and U lists also include the Environmental Protection Agency (EPA) hazardous waste number for each waste. This number is important because it must be marked on the hazardous waste container prior to shipping offsite and must be included on the hazardous waste manifest. Sometimes the hazardous waste number is also referred to as the hazardous waste code, but this should not be confused with the hazard code.

There are 149 Industry and EPA hazardous waste numbers on the F and K lists, and 724 on the P and U lists. These are presented in searchable tables available on EPA’s website.

Hazard codes

The hazard codes indicate the basis for the waste being included in the hazardous waste lists. These are:

• Ignitable wastes (I)
• Corrosive wastes (C)
• Reactive wastes (R)
• Toxicity characteristic wastes (E)
• Acute hazardous wastes (H)
• Toxic wastes (T)

Toxic waste (T) is different than toxicity characteristic wastes (E) because the (E) is based on a test called the Toxicity Characteristic Leaching Procedure (TCLP), while (T) is based on the presence of a toxic or hazardous constituent and poses a substantial risk. The description of this test can be found in Appendix II of 40 CFR Part 261.

For further reference, Appendix VII to Part 261 indicates hazardous constituents for which a waste was listed.

Characteristic hazardous waste

• Even if the waste does not appear on one of the four lists of hazardous wastes, it may still exhibit a hazardous characteristic.
• There are four basic hazardous waste characteristics: ignitability, corrosivity, reactivity, and toxicity.

Even if the waste does not appear on one of the four lists of hazardous wastes, it may still exhibit a hazardous characteristic.

The Resource Conservation and Recovery Act (RCRA) Part 261, Subpart C describes four basic hazardous waste characteristics.

• Ignitability (I): Ignitable wastes can create fires under certain conditions and have a flash point of <140°F. Any waste material that, after testing, exhibits the characteristic of ignitability, but is not a listed waste, is assigned the Environmental Protection Agency (EPA) hazardous waste number D001.
• Corrosivity (C): Corrosive wastes are acids or bases that are capable of corroding metal containers, such as storage tanks, drums, and barrels and have a pH of ≤2 or ≥12.5. Any waste material that, after testing, exhibits the characteristic of corrosivity, but is not a listed waste, is assigned the EPA hazardous waste number D002.
• Reactivity (R): Reactive wastes are unstable under “normal” conditions, and can cause explosions, toxic fumes, gases, or vapors when heated, compressed, or mixed with water. Any waste material that, after testing, exhibits the characteristic of reactivity, but is not a listed waste, is assigned the EPA hazardous waste number D003.
• Toxicity (E): Toxic wastes are harmful or fatal when ingested or absorbed, such as poisons. When toxic wastes are land disposed, contaminated liquid may leach from the waste and pollute ground water. Any waste material that, after testing, exhibits the characteristic of toxicity, but is not a listed waste, is assigned an EPA hazardous waste number from D004 to D043. The number will correspond to the identified toxic contaminant. The numbers and contaminants are found in 40 CFR 261.24.

All waste must be considered hazardous until proven otherwise, and generators are responsible for determining if a waste is hazardous because of a hazardous characteristic.

Determination through acceptable knowledge or waste testing

• Generators are responsible for determining if a waste is hazardous because of a hazardous characteristic.
• If a facility cannot use acceptable knowledge to make a waste determination, the regulations require that the facility obtain a representative sample and test the waste.

Generators are responsible for determining if a waste is hazardous because of a hazardous characteristic, and this is done by testing or by applying acceptable knowledge in light of the materials or the processes used to generate the waste.

“Acceptable knowledge” may include:

• Process knowledge (e.g., information about chemical feedstocks and other inputs to the production process);
• Knowledge of products, by-products, and intermediates produced by the manufacturing process;
• Chemical or physical characterization of the wastes;
• Information on the chemical and physical properties of the chemicals used or produced by the process or otherwise contained in the waste;
• Testing that illustrates the properties of the waste; or
• Other reliable and relevant information about the properties of the waste or its constituents.

When a facility uses acceptable knowledge, the facility will manage the waste as hazardous without having to analyze or test it. A facility must document how the determination was made.

Other forms of process knowledge can include:

• Existing published or documented waste analysis data or studies conducted on wastes generated by processes similar to that which generated the waste. Waste analysis data obtained from other facilities in the same industry.
• Facility’s records of previously performed analyses.
• Safety Data Sheets.

Waste testing, sampling, and analysis

If a facility cannot use acceptable knowledge to make a waste determination, the regulations require that the facility obtain a representative sample and test the waste.

Some of the more common tests include:

• Flash point: This tests for ignitability. Examples of materials where this test would apply include paints and solvents.
• pH: This tests for corrosivity and may be used on acids and bases.
• Reactivity: Test as required for Department of Transportation (DOT) classification of hazardous materials. Examples include lithium hydride and trichlorosilane.
• TCLP (Toxicity Characteristic Leaching Procedure): This test is used to determine if a waste will discharge or “leach” contaminants into a sanitary landfill. The specific testing method is outlined in test Method 1311, described in Environmental Protection Agency (EPA) Publication SW-846, incorporated by reference in 260.11. A solid waste exhibits the characteristic of toxicity if the contaminant reaches the regulatory level listed in Table 1 at 261.24. For example, if there is a solution with 5 mg/L of lead (D008), that solution exhibits the characteristic of toxicity.
• Total halogens: This test is used for testing used oils for contamination of chlorine, fluorine, bromine, etc., to determine if the used oil may be managed under the less stringent regulations at Part 279 or must be managed as a hazardous waste.

Recordkeeping and generator-controlled exclusion

• Generators must keep records of all waste determinations.
• The generator-controlled exclusion excludes certain hazardous wastes from the definition of solid waste if they are generated and legitimately recycled while under the control of the generator.

Generators must keep records of all waste determinations, including records that identify whether a solid waste is a hazardous waste.

Records must include knowledge of the waste and support the determination. The records must include the following types of information:

• The results of any tests, sampling, waste analyses, or other determinations;
• Records documenting the tests, sampling, and analytical methods used to demonstrate the validity and relevance of such tests;
• Records consulted to determine the process by which the waste was generated, the composition of the waste, and the properties of the waste; and
• Records which explain the knowledge basis for the determination.

Best practices for creating and maintaining a waste characterization record

For each waste, note or include:

• Waste type along with a description
• Source of the waste
• Test results and dates
• Waste analyses records
• Safety Data Sheets
• Sampling procedure
• Representative sample information
• Optional waste characterization form (available from most state waste regulating agencies)
• Disposal facility waste profile

Generator-controlled exclusion

The generator-controlled exclusion at 261.4(a)(23) excludes certain hazardous wastes from the definition of solid waste if they are generated and legitimately recycled while under the control of the generator. To qualify for the exclusions, generators must:

1. Notify the authorized state or Environmental Protection Agency (EPA) of their recycling activities.
2. Ensure adequate containment for their hazardous secondary materials. The rule includes a new definition of contained, which specifies storage units must be in good condition, properly labeled, do not hold incompatible materials, and address potential risks of fires or explosions.
3. Comply with emergency preparedness requirements, which will be tailored according to the amount of hazardous secondary materials that are accumulated onsite.
4. Keep good records. Generators must maintain records of shipments and confirmations of receipt for transfers of recyclable materials offsite.

Nonhazardous secondary materials (NHSM)

• The NHSM program provides the standards and procedures for identifying whether NHSMs are solid waste under the RCRA when used as fuels or ingredients in combustion units.

The Environmental Protection Agency’s (EPA’s) nonhazardous secondary materials (NHSM) program under 40 CFR Part 241 provides the standards and procedures for identifying whether NHSMs are solid waste under the Resource Conservation and Recovery Act (RCRA) when used as fuels or ingredients in combustion units.

Combustion units that burn non-hazardous secondary materials that are not solid waste under RCRA would be subject to 112 Clean Air Act (CAA) requirements for commercial, industrial, or institutional boilers or cement kilns.

Combustion units that burn non-hazardous secondary materials that are solid waste under RCRA would be subject to 129 CAA requirements for solid waste incinerators.

The following NHSM are not solid wastes when used as a fuel in a combustion unit:

1. Scrap tires that are not discarded are managed under the oversight of established tire collection programs.
2. Resinated wood.
3. Coal refuse that has been recovered from legacy piles and processed in the same manner as currently-generated coal refuse.

On March 9, 2016, EPA added three materials to the NHSM list of categorical non-waste fuels. These are:

• Construction and demolition wood processed from construction and demolition debris according to best management practices;
• Paper recycling residuals generated from the recycling of recovered paper, paperboard, and corrugated containers, and combusted by paper recycling mills whose boilers are designed to burn solid fuel; and
• Creosote-treated railroad ties that are processed and then combusted in the following types of units:
  • Units designed to burn both biomass and fuel oil as part of normal operations and not solely as part of start-up or shut down operations; and
  • Units at major source pulp and paper mills or power producers subject to 40 CFR 63 Subpart DDDDD that had been designed to burn biomass and fuel oil, but are modified (e.g., oil delivery mechanisms are removed) in order to use natural gas, instead of fuel oil.

EPA’s DSW rule

• To be legitimately recycled, the material must meet three factors.
• Under the DSW rule, generators and recycling facilities must meet emergency response and preparedness requirements.

Many of the Environmental Protection Agency’s (EPA’s) exclusions provide an incentive to recycle certain materials. EPA’s January 2015 final rule amending the 2008 Definition of Solid Waste (DSW) rule clarified the processes and activities that qualify as legitimate recycling activities. These include:

• Exclusions such as the scrap metal exclusion, which allow generators to sell or recycle certain potentially hazardous materials for legitimate uses.
• In-process recycling and recycling of commodity-grade recycled products. In-process recycling involves returning hazardous secondary materials to their original production process.
• Recycling under the control of the generator, including onsite recycling, both within the same company and through tolling agreements.
• Targeted remanufacturing for some higher-value spent solvents that are converted into commercial-grade products.

In May 2018, as ordered by the Court of Appeals for the District of Columbia Circuit, EPA issued a final rule revising its 2015 DSW rule. The 2015 rule required facilities that received recyclable waste to apply for a variance from their state or federal EPA in order to operate.

In its new final rule, EPA will use the 2008 transfer-based exclusion for recyclers. This exclusion calls for receiving facilities to notify EPA of their recycling activities and does not require a variance.

EPA also reconsidered the four factors it had listed in the 2015 rule that qualified an activity as legitimate recycling. The agency kept the first three factors but now says the fourth factor should be considered but is not obligatory.

To be legitimately recycled, the material must meet the following three factors listed in the regulations at 40 CFR 260.43:

• The material must provide a useful contribution to the recycling process or to a product.
• The recycling process must produce a valuable product or intermediate.
• The generator and the recycler must manage the material as a valuable commodity.

The fourth factor, which must be considered in making a determination on the overall integrity of a recycling activity, is that the product of the recycling process does not:

• Contain significant concentrations of any hazardous constituents, or
• Have a hazardous characteristic that similar products do not have.

EPA says that when deciding if a material is legitimately recycled, a facility must evaluate all the factors and consider legitimacy as a whole. If, after careful evaluation of these considerations, the factor in this paragraph is not met, then this fact may be an indication that the material is not legitimately recycled. However, the factor in this paragraph does not have to be met for the recycling to be considered legitimate. In evaluating the extent to which this factor is met and in determining whether a process that does not meet this factor is still legitimate, persons can consider exposure from toxics in the product, the bioavailability of the toxics in the product and other relevant considerations.

Under the DSW rule, both generators and recycling facilities must meet emergency response and preparedness requirements. These requirements are similar to those already in place for large quantity hazardous waste generators; namely, they must make arrangements with local emergency response officials (i.e., local fire departments and hospitals) with facility-specific information to enable a targeted response to a hazardous materials emergency and reduce risk to the surrounding community.

The mixture rule and the Derived-From Rule

• The mixture rule says that if a facility has a listed waste mixed with a nonhazardous waste, then the entire solution will be a hazardous waste.
• VSQGs of hazardous waste are not subject to the mixture rule.

It is generally a good idea to avoid mixing wastes; however, the mixture rule at 261.3(a)(2) applies if the facility mixes hazardous and nonhazardous wastes. The mixture rule says that if a facility has a listed waste mixed with a nonhazardous waste, then the entire solution will be a hazardous waste. This is why a facility should be very careful with mixing wastes — a facility could end up with much more hazardous waste than intended! For example, if someone pours a halogenated solvent into a full drum of used oil, the entire drum of used oil will now be a hazardous waste.

However, if a facility mixes a characteristic hazardous waste with a nonhazardous waste and the facility ends up with a mixture that does not exhibit a hazardous characteristic, then the mixture can be considered a nonhazardous waste. For example, if someone mixes an acid waste with a basic waste to neutralize it, if the resulting mixture does not test positive for corrosivity (or any other hazardous waste characteristic), then the mixture would not be a hazardous waste. Note that even if a facility treats a waste, it may still be subject to land disposal restrictions in 40 CFR 268.

Finally, the mixture rule says that if a facility has a listed waste that was only listed because it exhibits a hazardous waste characteristic and the facility mixes it with a nonhazardous waste, if the resulting mixture tests as nonhazardous, then the waste is not hazardous.

The table below summarizes the basics of the mixture rule:

Note that very small quantity generators (VSQGs) of hazardous waste are not subject to the mixture rule. They are allowed to mix solid and hazardous wastes together (even if the mixture exceeds the VSQG’s monthly quantity limits), as long as the resulting mixture does not exhibit a hazardous characteristic.

The Derived-From Rule at 261.3(c) covers materials — or residues — that result from treating a listed hazardous waste or a characteristic hazardous waste that continues to exhibit a characteristic. This rule is also known as the “Listed In, Listed Out” rule: Once a facility has a listed waste, the facility always has a listed waste. So even if the facility treats it, the waste will have been “derived from” a listed waste.

However, if the facility treats a characteristic waste, the facility must test the resulting material to see if it still exhibits a characteristic of hazardous waste.

Land Disposal Restrictions (LDRs)

• LDRs require that waste is treated to reduce the hazardous constituents to levels set by EPA, or that waste is treated using specific technology.
• A WAP is required for generator onsite treatment that describes the procedures used to comply with the LDR treatment standards.

The Land Disposal Restrictions (LDRs) require that waste is treated to reduce the hazardous constituents to levels set by the Environmental Protection Agency (EPA), or that the waste is treated using specific technology.

Basically, both small and large quantity generators must determine if their hazardous waste is prohibited from land disposal under the LDRs. A prohibited waste is a waste that does not meet its applicable LDR treatment standards at its point of generation and cannot be land disposed until it meets those standards. If the generator has a prohibited waste, then they must either treat it onsite to meet the standards or send it to an offsite treater or recycler along with the required paperwork. A waste analysis plan (WAP) is required for generator onsite treatment that describes the procedures used to comply with the LDR treatment standards.

The LDR standards are quite complex and have additional requirements for generators, including WAPs, notifications, and certifications.

Notifications

Notifications must include the following information:

• EPA Hazardous Waste Numbers and Manifest number of first shipment.
• A statement saying, “The waste is subject to the LDRs.”
• The constituents of concern for F001-F005, and F039, and underlying hazardous constituents in characteristic wastes, unless the waste will be treated and monitored for all constituents. If all constituents will be treated and monitored, there is no need to put them all on the LDR notice.
• The notice must include the applicable wastewater/non-wastewater category (see 268.2(d) and (f)) and subdivisions made within a waste code based on waste-specific criteria.
• Waste analysis data (when available).

Send a one-time certification to the treatment, storage, and disposal facility (TSDF) with the initial shipment of waste. This certification must say: “I certify under penalty of law that I personally have examined and am familiar with the waste through analysis and testing or through knowledge of the waste to support this certification that the waste complies with the treatment standards specified in 40 CFR part 268 subpart D. I believe that the information I submitted is true, accurate, and complete. I am aware that there are significant penalties for submitting a false certification, including the possibility of a fine and imprisonment.”

If the waste changes, send a new notice and certification to the TSDF and place a copy in their files.

Hazardous waste management units

• The facility description portion of the WAP should include a description of each hazardous waste management unit at the facility.
• In the WAP, the description of the hazardous waste management units at the facility should be provided in narrative and schematic form.

The facility description portion of the waste analysis plan (WAP) should include a description of each hazardous waste management unit at the facility. As a supplement to generic facility process and activity discussions, these descriptions should provide more detailed information regarding the specific operating conditions and process constraints for each hazardous waste management unit.

A hazardous waste management unit is defined in the Resource Conservation and Recovery Act (RCRA) regulations as a contiguous area of land on or in which there is significant likelihood of mixing hazardous waste constituents in the same area. Examples given in the regulations include:

• Container storage areas [Note: A container alone does not constitute a unit; the unit includes containers and the land or pad upon which they are placed.]
• Tanks and associated piping and underlaying containment systems
• Surface impoundments
• Landfills
• Waste piles
• Containment buildings
• Land treatment units
• Incinerators
• Boilers and industrial furnaces
• Miscellaneous units

In the WAP, the description of the hazardous waste management units at the facility should be provided in narrative and schematic form. The narrative description should include the following:

• A physical description of each management unit, including dimensions, construction materials, and components;
• A description of each waste type managed in each unit;
• The methods for how each hazardous waste will be handled or managed in the unit; Process/design considerations necessary to ensure that waste management units are operating in a safe manner and are meeting applicable permit-established performance standards; and
• Prohibitions that apply to the facility (e.g., polychlorinated biphenyls (PCBs) in the incinerator feed, storage of corrosive basic waste, unpermitted RCRA hazardous waste codes).

Sampling strategies

• Physical and chemical properties of the wastes to be sampled should be taken into consideration since they can influence the sampling development process.
• Two major sampling approaches may be employed to collect representative samples, authoritative sampling or random sampling.

The development and application of a sampling strategy is a prerequisite to obtaining a representative sample capable of producing scientifically viable data. These strategies should be selected or prepared prior to actual sampling to organize and coordinate sampling activities, to maximize data accuracy, and to minimize errors attributable to incorrectly selected sampling procedures. At a minimum, a sampling strategy should address the following:

• Objectives of collecting the samples,
• Types of samples needed (e.g., grab or composite),
• Selection of sampling locations,
• Number of samples,
• Sampling frequency, and
• Sample collection and handling techniques to be used.

In addition, the following factors should also be taken into consideration since they can influence the sampling development process:

• Physical properties of the wastes to be sampled,
• Chemical properties of the wastes to be sampled, and
• Special circumstances or considerations (e.g., complex multi-phasic waste streams, highly corrosive liquids).

Based upon the data objectives and considerations addressed in the sampling strategy, two major sampling approaches may be employed to collect representative samples. These approaches are summarized as follows:

Authoritative sampling. Where sufficient historical, site, and process information is available to accurately assess the chemical and physical properties of a waste, authoritative sampling (also known as judgement sampling) can be used to obtain representative samples. This type of sampling involves the selection of sample locations based on knowledge of waste distribution and waste properties (e.g., homogeneous process streams) as well as management units considerations. Accordingly, the validity of the sampling is dependent upon the accuracy of the information used. The rationale for the selection of sampling locations is critical and should be well documented.

Random sampling. Due to the difficulty of determining the exact chemical and physical properties of hazardous waste streams that are necessary for using authoritative sampling, the most commonly used sampling strategies are random (not to be confused with haphazard) sampling techniques. Generally, three specific techniques — simple, stratified, and systematic random — are employed. By applying these procedures, which are based upon mathematical and statistical theories, representative samples can be obtained from nearly every waste sampling scenario.

Selecting sampling equipment

• Three broad criteria relating to waste should be considered when determining the most appropriate type of sampling equipment to use for a given sampling strategy: physical parameters, chemical parameters, and waste-specific or site-specific factors.

Three broad criteria relating to waste should be considered when determining the most appropriate type of sampling equipment to use for a given sampling strategy:

• Physical parameters. Specific physical parameters affecting this selection include whether the wastes are free flowing or highly viscous liquids; crushed, powdered, or whole solids; contained in soil or groundwater; and homogeneous or heterogeneous, stratified, subject to separation with transport, or subject to other physical alterations due to environmental factors.
• Chemical parameters. The person collecting the sample should ensure that the sampling equipment is constructed of materials that are not only compatible with wastes, but are not susceptible to reactions that might alter or bias the physical or chemical characteristics of the waste.
• Waste-specific (e.g., oily sludges) or site-specific factors (e.g., accessibility issues). In addition to determining the type of sampling equipment used, the waste- and site-specific factors also may require modification of the chosen equipment so that it can be applied to the waste.

Once the physical, chemical, waste- and site-specific factors associated with the waste stream to be sampled have been identified and evaluated, appropriate sampling equipment can be selected. The equipment most typically used in sampling includes:

• Composite liquid waste samplers (coliwasas), weighted bottles, and dippers for liquid waste streams;
• Triers, thieves, and augers for sampling sludges and solid waste streams; and
• Bailers, suction pumps, and positive displacement pumps for sampling wells for groundwater evaluations.

Maintaining and decontaminating field equipment

Some analyses, such as pH, can be performed at the facility using field equipment. This equipment must be properly maintained, and where appropriate, calibrated to ensure data quality from the analyses. Maintenance of equipment can include routine cleaning, oil changes, or routine replacement of worn equipment components. The guidelines set forth in the operator’s manual of each piece of equipment should be followed since proper maintenance varies by model manufacturer. At a minimum, the equipment should be inspected, lubricated, and calibrated prior to any field work to ensure proper operation.

Other sampling considerations

• Low concentration samples require sample preservation, unlike most highly concentrated samples.
• Safety and health considerations should be taken into consideration when conducting sampling at the facility.

Sample preservation and storage

Once the sample has been collected, sample preservation techniques, if applicable, must be employed to ensure that the integrity of the waste remains intact while the samples are in transport to the laboratory and/or while temporarily stored at the laboratory prior to analysis. Sample preservation is generally not applicable for highly concentrated samples. However, low concentration samples require preservation.

Establishing quality assurance/quality control procedures

Quality assurance (QA) is the process for ensuring that all data and the decisions based on that data are technically sound, statistically valid, and properly documented. Quality control (QC) procedures are the tools employed to measure the degree to which these quality assurance objectives are fulfilled. As the first component of data acquisition in relation to waste analysis, sampling techniques should incorporate rigorous QA/QC procedures to ensure the validity of sampling activities. Thus, it is important for QA/ QC procedures to be established in the waste analysis plan (WAP) and stringently followed.

Establishing health and safety protocols

Safety and health considerations should be taken into consideration when conducting sampling at the facility. Employees who perform sampling activities must be properly trained with respect to the hazards associated with waste materials, as well as with any waste handling procedures that will assist in protecting the health and safety of the sampler.

In addition, the employees must be trained in the proper protective clothing and equipment that must be used when performing sampling activities.