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So you’ve had a spill at your facility and cleaned it up safely according to OSHA’s requirements for workers responding to emergencies involving hazardous materials. Now you have a drum of absorbents soaked with the spilled material – what do you do with it? Are the used absorbents hazardous waste?
According to EPA, persons who generate, transport, treat, store, or dispose of solid wastes are responsible for determining if their solid waste is a regulated hazardous waste. 40 CFR part 261 contains the regulations to help you decide if the waste you handle is regulated.
Ask yourself the following questions:
Are the used absorbents a solid waste?
40 CFR 261.2 defines “solid waste” as any discarded material that is not excluded under 261.4(a), or that is not excluded by variance granted under 260.30 and 260.31, or (effective Dec. 29, 2008) that is not excluded by a non-waste determination under 260.30 and 260.34. A discarded material is any material which is:
- Abandoned, as explained in 261.2(b); or
- Recycled, as explained in 261.2(c); or
- Considered inherently waste-like as explained in 261.2(d); or
- A military munition identified as a solid waste in 40 CFR 266.202.
Effective Dec. 29, 2008, a hazardous secondary material is not discarded if it is:
- Is generated and reclaimed under the control of the generator as defined in 260.10,
- Is not speculatively accumulated as defined in 261.1(c)(8),
- Is handled only in non- land-based units and is contained in such units,
- Is generated and reclaimed within the United States and its territories,
- Is not otherwise subject to material-specific management conditions under 261.4(a) when reclaimed,
- Is not a spent lead acid battery (see 266.80 and 273.2),
- Does not meet the listing description for K171 or K172 in 261.32, and
- The reclamation of the material is legitimate, as specified under 260.43.
(See also the notification requirements of 260.42. For hazardous secondary materials managed in land-based units, see 261.4(a)(23).)
If you do not handle a solid waste, you do not need to notify EPA.
Used absorbent materials probably meet the definition of solid waste.
Has the solid waste been excluded from the regulations?
Some solid wastes are excluded, either by rule (40 CFR 261.4), special variance, or non-waste determination. If your solid waste was not excluded from regulation, determine if it is a hazardous waste that EPA regulates. EPA regulates hazardous waste two ways:
- By specifically listing the waste, or
- By regulating it because it possesses any of four hazardous characteristics.
Is my solid waste specifically listed as a hazardous waste?
40 CFR 261.31 through 261.33 identify certain solid wastes that EPA has specifically listed as hazardous. These lists contain both used materials and products that have not been used, so spills of either should be compared to the regulation.
This is where you need to know what was in the spilled material. Use the MSDS, an ingredient list, or your knowledge of the process to identify what was in the spilled substance. Then check the regulation to see if the contents of your waste are included as a “listed waste.”
Any mixture of solid waste and a listed hazardous waste is considered hazardous waste under the regulations. Generally, if you have used absorbents to clean up a spill of a listed hazardous waste, the absorbents must also be handled as hazardous waste.
Does my solid waste possess a hazardous characteristic?
If your waste is not specifically listed as a hazardous waste, it may still be hazardous if it exhibits certain hazardous characteristics. These characteristics are:
- Ignitability,
- Corrosivity,
- Reactivity, and
- Toxicity.
40 CFR 261.20 through 261.24 explain what each of the characteristics is and outline the testing procedures you should use to determine if your waste meets these characteristics.
The regulations say that you may either:
- Test the waste, or
- Use knowledge of the process or materials used to produce the waste.
If you are not sure whether the waste meets one of the characteristics, you should either assume the waste is hazardous or have it tested to prove that it is not.
Is my hazardous waste exempt from the regulations?
As always, there are exceptions to the rules. The list of exemptions can be found in 40 CFR 261.5 and 261.6(a)(3).
But wait, there’s more ...
Many states have requirements that vary from the federal regulations. These state regulations may be more strict than the federal requirements by identifying additional wastes as hazardous, or may not yet include all wastes currently regulated under the federal rules.
For example, used absorbents soaked with waste oil are not federally regulated, unless they are also contaminated with hazardous wastes. But the State of California regulates oily wastes and may count oil-soaked absorbents as hazardous waste, unless recycled in accordance with state law.
You are responsible for knowing and complying with all regulations that apply to you. For more information on state requirements, contact the appropriate state agency.