hazardous waste generators

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17105460

SPECIAL REPORT

Hazardous WasteGenerators

35 Questions Answered for You


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17105400

SPECIAL REPORT

Hazardous WasteGenerators

35 Questions Answered for You


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Hazardous Waste Generators: 35 Questions Answered for You


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Business & Legal Reports, Inc. 17105400

Table of Contents

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

RCRA Primer: Who RulesState or Federal? . . . . . . . . . . . . . . . . . . . . . . . 1

35 Questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

1. Do I need an EPA ID number and how do I obtain one? . . . . . . . . . . . . . . . . . . . . . 2

2. If you take used oil saturated rags, allow them to dry in thesun, and then throw them away in the trash, is that OK (withinregulatory requirements)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

3. When doing a waste determination by generator knowledge,should any documentation be supplied to show how you came toyour conclusion? For example, can an MSDS with short narrative toyour reasoning be used? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4

4. Is it permissible to dispose of an F-listed waste through anindustrial wastewater treatment facility with a NPDES permit? . . . . . . . . . . . . . . . . 4

5. Do the requirements for emissions under 40 CFR 265 Subpart CCfor controlling VOCs from containers apply to containers at satellite

accumulation areas? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66. How often must employee RCRA training be provided? . . . . . . . . . . . . . . . . . . . . . . 6

7. If a company owns and operates two lab or manufacturing facilitieson opposite sides of a public road, do the facilities need to be separatelyregistered as hazwaste generators? If you can drive directly from one tothe other without turning onto the pulic road, do they have to becombined as one generator. Is this at the discretion of the owner/operator? . . . . 6

8. If Im a small quantity generator (SQG) that has generated enoughwaste to be considered an LQG, how long does this newclassification last? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

9. We are a company with 12 different offices operating in 10 differentstates. Are the regulated quantities for Conditionally Exempt SmallQuantity Generators (CESQGs) applicable to each individual office,or to the company as a whole? i.e., would 100 kg generated hazardouswaste/universal waste be the limit for each individual office or for thecompany total? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

10. At a satellite accumulation point, can I have more than one type ofwaste, and store up to 55 gallons of each type at the same time? . . . . . . . . . . . . . . 8

11. For an LQG of hazardous waste, what signs should be posted atthe main (90-day) storage area? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

12. If you collect aerosol cans to be punctured, can they be collectedat satellite accumulation areas, with just the label aerosol cans to bepunctured? Does it need to contain the word hazardous? . . . . . . . . . . . . . . . . 10

13. Is there a requirement to affix a Hazardous Waste label on thelarge storage tanks in the same manner we label 55-gallon drumswith a start accumulation date? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

14. Are generators of hazardous waste required to send a copy ofthe manifest to the state? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

15. If Company A leases space within its facility to Company B, can Company Afill out the manifest for hazardous waste sent off-site for disposal? . . . . . . . . . . . . 11


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16. Is there a mechanism to correct a manifest for a shipment of wastethat was incorrectly identified as hazardous waste (D006, D007, D008),but should have been identified as nonregulated waste? . . . . . . . . . . . . . . . . . . . . 12

17. What are the training requirements for personnel who sign thehazardous waste manifest? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

18. A container identified as RCRA empty was sent to a drum reconditioner.

Upon arrival, the container was determined not RCRA empty. Can the drumreconditioner send the container back to the generator (not a treatmentfacility) using a bill of lading? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13

19. What does recovery of surrogates mean in TCLP tests? . . . . . . . . . . . . . . . . . . . . 14

20. Regarding Hazardous Waste D007 for Chromium, is the 5 ppm limitfor Hexavalent Chromium or for total Chromium? . . . . . . . . . . . . . . . . . . . . . . . . . 14

21. Where can I find the rules about labeling drums in which usedxylene that will continue to be reused is stored? . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

22. What is a land disposal restriction notice? Does this accompanyall HW manifests? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15

23. I have a facility that generates tumbling wastewaters that exceed theRCRA threshold for lead. Would it be permissible to reduce the volumeof this waste via evaporation without getting a TSDF permit? . . . . . . . . . . . . . . . . 16

24. What are Underlying Hazardous Constituents? . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

25. Is solid waste with vanadium TCLP of greater than 1.6 mg/lcharacteristic hazardous waste since vanadium is not an underlyinghazardous constituent? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17

26. What waste treatment can be performed pursuant to the storageand treatment conditional exemption for low-level mixed waste? . . . . . . . . . . . . 17

27. If I collect aerosol cans at a POG (as hazardous waste), but thenwhen I remove them for storage I sort them and puncture any cansthat might have fluid in them and put empty cans for recycling, amI breaking any federal rule on declaring this a hazardous waste? . . . . . . . . . . . . . 18

28. What is the accumulation start date for a nonhazardous wastethat, once sampled, is determined to be a hazardous waste? . . . . . . . . . . . . . . . . . 19

29. Are there any exceptions to the 90-day (or, for small quantitygenerators, 180-day) accumulation time limits? . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

30. What is considered RCRA empty for containers? . . . . . . . . . . . . . . . . . . . . . . . . . . 20

31. Is container-specific containment required for a 55-gallon barrel?We have a facility in which all storm drains run to an oil-water separator.We have a shop with a used oil barrel (and new oil barrels) that doesnot have specific containment for the barrels. In the worst case,a forklift punc-tures the barrel, the oil enters the storm drain, and it is captured in the oil-waterseparator. Is that adequate secondary containment or does every drum have to

have its own containment able to contain its entire contents? . . . . . . . . . . . . . . . 2132. Should empty paint cans be collected and shipped as hazardous

waste, or can they be incinerated along with solid waste? . . . . . . . . . . . . . . . . . . . 22

33. Can expended acetylene bottles be disposed of without triggeringRCRA issues? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

34. How do I know if I am a CESQG? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

35. Whats the difference between a tank and a container? . . . . . . . . . . . . . . . . . . . . . 23

Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

Hazardous Waste Generators: 35 Questions Answered for You


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Introduction

Hazardous waste generators must comply with strict, and often, complicated regu-lations that take time (= money) to figure out.

BLRs Enviro.BLR.com Web subscription service (http://enviro.BLR.com)includes an Ask the Expert feature that provides our customers with answers toquestions or dilemmas they come across in the day-to-day operations at theirfacilities. Many Enviro.BLR.com customers are hazardous waste generators. Thisreport highlights 35 questions BLR customers have asked and the answers pro-vided by our environmental editors concerning hazardous waste storage and dis-posal. While some of the questions are site-specific, hazardous waste generatorscan glean insights from the situations presented by their colleagues. TheAppendix includes a discussion and tables concerning requirements for thethree classes of hazardous waste generators.

RCRA Primer: Who Rules

State or Federal?

The Resource Conservation and Recovery Act (RCRA) authorizes states todevelop and enforce their own waste management programs, in lieu of the federalprogram administered by EPA. A states waste management program will only beapproved by EPA if it is substantially equivalent to, consistent with, and no less

stringent than the federal program. A state whose waste management program hasbeen approved is deemed to have RCRA authorization. States may imposerequirements that are more stringent or broader in scope than the federal require-ments. Hazardous waste generators are required to follow whichever is the stricterprogram. This report focuses on situations that apply to federal regulations. Alwayscheck your states regulations when confronted with a dilemma concerning haz-ardous waste management.

State programs may be more stringent than RCRA, but by law cannot be less strin-gent than the federal program. Typical differences that occur in state regulationsinclude:

N Regulating additional wastes as hazardous by adding additional criteria for

determining whether a waste is hazardous or by adding additional listedhazardous wastes;

N Eliminating the small quantity or conditionally exempt small quantity genera-tor classifications;

N Requiring annual reports on hazardous waste activities instead of or inaddition to biennial reports;

N Establishing additional waste minimization program requirements;

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N Placing a time limit on satellite accumulation; or

N Defining treatment more broadly, or not allowing the same exemptions frompermitting as under RCRA.

35 Questions

1. Do I need an EPA ID number and how do Iobtain one?

If you are a generator who produces over 100 kilograms (kg) of hazardous wasteor over 1 kg of acutely hazardous waste per month (i.e., a small quantity genera-tor (SQG) or a large quantity generator (LQG), a hazardous waste transporter, or aTSDF owner or operator, you must have an EPA ID number. Completing EPA Form

8700-12 is whats required.Its easy to determine whether youre a hazardous waste transporter or TSDF, butsometimes less obvious as to whether your business generates hazardous waste.The answer is yes if it uses, consumes, or handles:

N Petroleum products

N Paints, dyes, printing inks, thinners, solvents, or cleaning fluids

N Pesticides, herbicides, insecticides, or rodenticides

N Materials that dissolve metals, paints, paper, or clothing

N Flammable or combustible materials

N Products that are accompanied by a shipping label or placard, indicating that

the product is hazardous, corrosive, flammable, toxic, ignitable, or reactive

You need to calculate the quantity of hazardous wastes generated each monthand to inventory the total accumulation of hazardous waste on-site. This informa-tion will be the basis for your EPA generator categorization. How much hazardouswaste you can keep on-site and how long you can accumulate it will depend onthis classification. Each individual activity conducted at your facility may generatequantities of hazardous wastes under the reporting threshold, but when addedtogether, the facility may still fall into a category required to obtain a site-specificEPA ID number.

EPA ID numbers are issued on a per-site basis. This means, for example, if a busi-

ness has two sites where hazardous waste is treated, both sites must have theirown EPA ID number. It also means that you must obtain a new EPA ID number if

your business moves to a new location.

In addition and with a few exceptions, sources who engage in used oil operationsmust have an EPA ID number and submit a notification of hazardous wasteactivities.

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To obtain an EPA ID number, you must complete the federal Notification ofHazardous Waste Activity Form 8700-12, which may be obtained from EPA or yourstate environmental agency.

Although not indicated in the RCRA regulations, the forms instructions requireyou to submit a revised form when any of the following occur:

N Your facility moves

N Ownership changes (including the addition or replacement of an owner)

N The type of regulated waste activity conducted at the facility changes

N You commence to market or burn hazardous waste for energy recovery

N The person youve listed on the form as the installation contact changes

2. If you take used oil saturated rags, allow themto dry in the sun, and then throw them away inthe trash, is that OK (within regulatory require-ments)?

The short answer is no.

Used oil that is a characteristic or listed hazardous waste and that will be dis-posed of (not recycled) must be managed as a hazardous waste. Used oil is oftenidentified as a characteristic hazardous waste because of EPAs toxicity leachingcharacteristic test.

RCRA provides an all-encompassing definition of hazardous waste treatment thatapplies to hundreds of treatment methods and technologies. Treatment is definedas any method, technique, or process, including neutralization, designed tochange the physical, chemical, or biological character or composition of haz-ardous waste (423 USC 6903(34)). Evaporation, in some cases, is an allowabletreatment, but to treat hazardous waste, you would need a TSDF permit.

In addition, your rags would be considered solvent-contaminated rags.

Currently there are no federal regulations that apply specifically to the manage-ment of rags that are contaminated with a listed hazardous waste or that exhibit ahazardous waste characteristic. EPA proposed a rule in 2003 that would condition-ally exclude disposable rags from the definition of hazardous waste and condi-tionally exclude reusable rags from the definition of solid waste. That rule has yetto be finalized.

A 1994 EPA guidance that is still in effect deferred determinations and interpreta-

tions concerning solvent-contaminated rags (i.e., rags that are contaminated withsolvents, oil, or other hazardous wastes) to states or to EPA regions that have RCRAauthority over certain states. States have developed diverse regulations and poli-cies, which are all currently in effect. States are all waiting for the EPA final rulebefore making any changes.

Some states categorically prohibit air drying. For instance, Idahos policy says: Air-drying solvent-contaminated rags to allow volatile constituents to evaporate is not

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a permissible form of treatment or disposal. Evaporation merely transfers the haz-ardous constituents from the rag to the air.

Connecticut policy says that if the rags are dripping with used oil, they must bemanaged as used oil. If they are contaminated with used oil, but not dripping,then you have to perform a hazwaste determination and manage accordingly.

3. When doing a waste determination bygenerator knowledge, should any documenta-tion be supplied to show how you came to yourconclusion? For example, can an MSDS with shortnarrative to your reasoning be used?

The federal rules at 40 CFR 262.11(c)(2) specify that a generator can determinewhether a waste is hazardous by applying knowledge of the hazard characteristicof the waste in light of the materials or the processes used.

EPA does not specify, either in this regulation or in any agency memoranda or let-ters that we reviewed, whether this conclusion needs to be documented. EPAnotes in one letter that You do not have to run all of or any of the constituentslisted in the TCLP test if you believe, and can demonstrate through process knowl-edge, that your waste is nonhazardous. However, keep in mind, if enforcementtakes a sample and finds that your waste is indeed hazardous, then enforcementactions would take place.

EPA put it this way in another letter: Although the decision whether to test a wasteor rely on process knowledge is up to the generator, EPA believes the possibility ofenforcement if the waste is later found to fail the TC (or other characteristics) reg-ulations provides a strong incentive for waste generator to make correct determi-nations as to whether their waste is hazardous. EPA doesnt appear to address the

need for documentation of a generators waste determination. It does, however,emphasize that the determination needs to be correct. One might infer from thisthat, to EPA, documentation supporting a waste determination is less importantthan the fact that a waste proves to be hazardous. In other words, EPA will con-duct an enforcement action if a waste turns out to be hazardous, regardless ofwhether the generator believed it was nonhazardous and regardless of whetherthe generator had documentation supporting its conclusion.

4. Is it permissible to dispose of an F-listed wastethrough an industrial wastewater treatment

facility with a NPDES permit?It is permissible to dispose of an F-listed waste through an industrial wastewatertreatment facility with a NPDES permit provided the generator qualifies for the deminimis exemption from the definition of hazardous waste found at 40 CFR261.3(a)(2)(iv). Also, the discharge has to meet the effluent limits of the permit toremain in compliance.



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F-listed wastes. There are seven categories of F-listed wastes, depending on thetype of manufacturing or industrial operation that creates them. They are:

N Spent solvent wastes (F001 F005)

N Wastes from electroplating and other metal finishing operations (F006 F012,F019)

N Dioxin-bearing wastes (F020 F023 and F026 F028)

N Wastes from the production of certain chlorinated aliphatic hydrocarbons(F024, F025)

N Wastes from wood preserving (F032, F034, and F035)

N Petroleum refinery wastewater treatment sludges (F037 and F038)

N Multisource leachate (F039)

Mixture rule and exemption therefrom. A mixture made up of any amount ofnonhazardous solid waste and any amount of a listed waste (e.g., F-listed waste)is considered a listed hazardous waste that must be managed as hazardous waste.To be exempt from the mixture rule, one of the mixture rule exemptions found at40 CFR 261.3(a)(2)(iv) must apply. If the generator can demonstrate that the mix-ture consists of wastewater the discharge of which is subject to regulation undereither Section 402 or Section 307(b) of the Clean Water Act (including wastewaterat facilities which have eliminated the discharge of wastewater), the mixture isconsidered to be exempt from the definition of hazardous waste. For example, atextile plant producing large quantities of nonhazardous wastewater can generatea secondary wastestream of listed spent solvents from cleaning equipment.Routing such secondary hazardous wastestreams to the facilitys wastewater treat-ment system is a practical way of treating and getting rid of these wastes. Thismanagement option triggers the mixture rule, however, since even a very smallamount of a listed wastestream combined with very large volumes of nonhaz-ardous wastewater causes the entire mixture to be listed. EPA provides exemp-

tions from the mixture rule for a number of these situations where relatively smallquantities of listed hazardous wastes are routed to large-volume wastewater treat-ment systems. To qualify for this exemption from the mixture rule, the amount oflisted waste introduced into a wastewater treatment system must be very small (orde minimis) relative to the total amount of wastewater treated in the system, andthe wastewater system must be regulated under the Clean Water Act.

De minimis exemption from the definition of hazardous waste. As per40 CFR 261.3(a)(2)(iv), this de minimis exemption applies to seven situations pro-vided the amount of listed waste introduced into a wastewater treatment system isvery small (orde minimis) relative to the total amount of wastewater treated inthe system, and the wastewater system is regulated under the Clean Water Act.

Review the seven scenerios to determine whether the wastes described in any ofthem are the wastes being generated.

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5. Do the requirements for emissions under40 CFR 265 Subpart CC for controlling VOCsfrom containers apply to containers at satelliteaccumulation areas?

The requirements for controlling VOCs do not apply to containers used for satel-

lite accumulation. It is also important to note that, as applied to hazardous wastegenerators, the requirements of Subpart CC only apply to large quantity generators.

6. How often must employee RCRA training beprovided?

Large quantity generators (LQGs) that accumulate hazardous waste on-site arerequired to follow the personnel training requirements set forth under the interim-status treatment, storage, and disposal facility standards. Those standards requireworkers involved in hazardous waste management to be trained within 6 monthsof employment or assignment and complete an annual review. Small quantity gen-

erators that accumulate hazardous waste on-site are subject to less stringent stan-dards. They must ensure all employees are familiar with proper waste-handlingand emergency procedures relevant to their responsibilities during normal opera-tions or an emergency, but the regulations dont specify a time frame or require anannual review. Conditionally exempt small quantity generators are not subject topersonnel training requirements.

Different states and regions interpret annual review differently. Many interpret thisas once every 365 days; others interpret it to mean within a calendar year.

7. If a company owns and operates two lab or

manufacturing facilities on opposite sides of apublic road, do the facilities need to be sepa-rately registered as hazwaste generators? If youcan drive directly from one to the other withoutturning onto the public road, do they have to becombined as one generator. Is this at the discre-tion of the owner/operator?

The definitions of generator,individual generation site, and on-site in 40 CFR260.10 and letters from EPA lead to the conclusion that the property (as

described) fits the definition of being one site and EPA ID numbers are issued bygenerator site.

Generator means any person, by site, whose act or process produces hazardouswaste.... Individual generation site means the contiguous site at or on which oneor more hazardous wastes are generated. An individual generation site, such as alarge manufacturing plant, may have one or more sources of hazardous wastebut is considered a single or individual generation site if the site or property is



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contiguous. On-site means the same or geographically contiguous propertywhich may be divided by public or private right-of-way, provided the entrance andexit between the properties is at a cross-roads intersection, and access is by cross-ing as opposed to going along, the right-of-way. Non-contiguous properties ownedby the same person but connected by a right-of-way which he controls and towhich the public does not have access is also considered on-site property.

So, because the subscriber can cross the public road directly from one part of theproperty without turning onto the dividing public road:

1. The property is geographically contiguous.

2. The property is an individual generation site.

3. The facility is one generator.

As per 40 CFR 262.12, each generator must receive an EPA ID number. As per anEPA answer to a question asked of the EPA Call Center (formerly the EPAHotline), EPA ID numbers are issued to facilities on a by-site basis. This sameanswer states that for the purposes of generator notification and obtaining EPA IDnumbers, and assuming the structures are on-site as defined in 40 CFR 260.10, one

ID number is sufficient for structures on the facility site.

So, it follows that the customer would be issued only one EPA ID number. EPAnotes in a 8/18/89 letter that the state is the appropriate authority for making thisdetermination. The state environmental department will make this decision.

8. If Im a small quantity generator (SQG) that hasgenerated enough waste to be considered anLQG, how long does this new classification last?

Here is an excerpt from the Episodic Generator subsection of the BLR National

Hazardous Waste Generators Regulatory Analysis that should answer yourquestion.

According to EPA, if the amount of hazardous waste generated in a given calen-dar month places the generator in a different category, the generator is anepisodic generator responsible for complying with all applicable requirementsof the generator category for all waste generated during that calendar month. Forexample, if an SQG produces 300 kg of hazardous waste in May, that waste mustbe managed in accordance with the SQG regulations; if the same generator pro-duces 1,500 kg of hazardous waste in June, that waste must be managed in accor-dance with the LQG regulations. Generators often wonder if once theyve becomea different category of generator due to an episodic event, they remain in that cat-egory for the rest of the calendar year, especially if they became a larger genera-tor. Regarding the described example, EPA would say that the generator must com-ply with all applicable LQG requirements for hazardous wastes generated in Junefor as long as that waste remains on-site. If the generator reverts back to SQG sta-tus in July, the generator must continue to manage the hazardous waste generatedduring the month it became an LQG according to all applicable LQG require-ments. (What requirements that situation involves, in practice, will be determinedby the state environmental regulatory agency.) Hazardous waste generated during

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any months the generator was an SQG can be managed under SQG require-ments. If you find you have had an episodic generation, contact your state envi-ronmental regulatory agency as to any particular requirements for episodic gener-ators, such as notifying the agency of the change in generator class, requesting anEPA ID number (if you do not already have one), or filing an annual report (if

your state requires them) for all or part of the calendar year.

9. We are a company with 12 different officesoperating in 10 different states. Are the regulatedquantities for Conditionally Exempt SmallQuantity Generators (CESQGs) applicable toeach individual office, or to the company as awhole? i.e., would 100 kg generated hazardouswaste/universal waste be the limit for each indi-vidual office or for the company total?

The CESQG regulated quantities would be by site, so in your case, each of the12 sites would be a different generator and the quantities would be per each ofthe 12 sites. This is based on the assumption that there is not more than oneoffice on a contiguous piece of property. As per the RCRA definitions at 40 CFR260.10, a generator is any person, by site, whose act or process produces haz-ardous waste identified or listed in 40 CFR 261 or whose act first causes a haz-ardous waste to become subject to regulation. Although the regulations do notexplicitly define the term site, EPA tracks hazardous waste generation on a site-specific basis or by individual generation site.

To do this, EPA issues unique identification numbers to identify generators by site.Activities occurring under the control of an owner or operator on a single piece

of property should be evaluated collectively for hazardous waste generation. EPAgives this example: if Company A operates three laboratories on a single piece ofproperty, all three laboratories may share one EPA ID number, and the waste fromall three laboratories may be evaluated together. If, however, Company A operatesthree laboratories at three different locations that are not considered to be oncontiguous property, each laboratory is viewed as a separate potential generatorand is required to obtain an individual EPA ID number.

10. At a satellite accumulation point, can I havemore than one type of waste, and store up to

55 gallons of each type at the same time?Yes, there can be more than one type of waste at a satellite storage area.

No, 55 gallons of each type of waste may not be stored. The limit is 55 gallons,total.

Heres what the Colorado Department of Public Health and the Environment(CDPHE) said in an interpretative guidance document on this issue:The



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55-gallon/1-quart limit applies to the total amount of waste in a satellite accumula-tion area, not per wastestream or waste type. A facility may accumulate waste inseveral small containers adding up to the 55-gallon/1-quart limit. Each satellitearea may be used to accumulate not over 55 gallons of hazardous waste or1 quart of acutely hazardous waste; however, a generator may elect to place morethan one satellite area in the same location. This may be done as long as the areasare managed independently and all satellite accumulation requirements are fol-lowed. By location CDPHE means facility.

And here is an example provided by the Ohio Environmental Protection Agencyon a scenario that was not an example of satellite accumulation: A company wasgenerating two different wastestreams from the same production process. It wasaccumulating the waste in two 55-gallon drums placed side by side, and felt thatthe drums would constitute two separate satellite accumulation requirementareas. They were not dating the drums until the drums were full. This scenario wasdetermined to be a 90-day accumulation area. The 55-gallon limit for a satelliteaccumulation area applies to the area itself, and not to each individualwastestream accumulated in the area. Two wastestreams may be stored in onesatellite accumulation area in different containers as long as drums are dated

when the total quantity of waste exceeds 55 gallons and the waste in excess of55 gallons is removed within 3 days of that date. In order to establish two satelliteaccumulation areas, the company proposed to move one of the drums a few feetaway. These were not two satellite accumulation areas because the only reason toseparate the drums was to avoid the 90-day accumulation area standards, and thewastestreams were generated at the same point of generation. If wastes are gener-ated at two distinct points in a process line, a company may be able to operatetwo satellite areas along one process line. No specific distance is defined, and itwill be left to the inspectors best professional judgment as to whether there aretwo distinct points of generation.

Both Colorado and Ohio follow the federal accumulation time rules, so their inter-

pretations should correspond to that of U.S. EPA. However, a few states, such asKansas, limit satellite accumulation to one container.

11. For an LQG of hazardous waste, what signsshould be posted at the main (90-day) storagearea?

Under the federal EPA rules, hazardous waste treatment, storage, and disposalfacilities (TSDFs) are required to post No Smoking signs where ignitable, reactive,or incompatible wastes are stored (40 CFR 264/265.17(a)).

Reference to 40 CFR 264/265.17(a) is also made in the comment section of thehazardous waste container regulation (40 CFR 264/265.176) that concerns themanagement of ignitable or reactive waste in containers. (Note that commentsin a regulation are not legally binding.)

While not specifically referring to No Smoking signs, the TSDF regulationat 40 CFR 264/265.31 requires facilities to be maintained and operated tominimize the possibility of a fire, explosion and hazardous waste releases,

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which is sometimes interpreted to mean that No Smoking signs should be postedin the facilitys hazardous waste storage areas. The TSDF regulation at 40 CFR254/265.14 concerning the security of a TSDF requires DangerUnauthorizedPersonnel Keep Out signs to meet specified requirements and to be posted ateach entrance to the active portion of a facility, and at other locations....

Although the generator accumulation time provision at 40 CFR 262.34 is where

many of the requirements applicable to interim-status TSDFs are incorporated byreference (and thereby also made applicable to generators), neither 40 CFR265.17 nor 40 CFR 265.14 are referenced in the accumulation time rule. ReferenceIS made at 40 CFR 262.34(a)(1)(i) to compliance with the interim-status con-tainer requirements, which would include 40 CFR 265.176. Compliance with40 CFR 265.31 is also required by 40 CFR 262.34(a)(4) as that section of the accu-mulation time provision requires LQGs to comply with the interim-status TSDFregulations of 40 CFR 265, Subpart C (concerning preparedness and preventionand 40 CFR 265, Subpart D (concerning Contingency Plan and EmergencyProcedures). While 40 CFR 262.34(d) requires small quantity generators (SQGs)to post emergency phone numbers and locations of emergency equipment infor-mation near telephones, that is not a specific requirement for LQGs. However,

since such information must be included in an LQGs written contingency plan,many LQGs follow the practice of posting such information near telephones instorage and other active areas of their facility.

Some states, however, specifically require in their LQG regulations that certainsigns be posted in the generators storage area. For example, Vermont requires atVermont Administrative Rule 12-032-001 Section 7-311(e) that both No Smokingand DangerHazardous Waste Storage AreaAuthorized Personnel Only signsbe posted in both LQG and SQG short-term storage areas.

Whether required or not, many generators choose to post such signs as a way tohelp minimize the possibility of fire, explosions, and access by unauthorized per-

sonnel.

12. If you collect aerosol cans to be punctured,can they be collected at satellite accumulationareas, with just the label aerosol cans to bepunctured? Does it need to contain the wordhazardous?

Under the federal rules (40 CFR 262.34(c)), generators may accumulate haz-ardous waste in containers in satellite accumulation areas. The containers (intowhich the aerosol cans are placed) must be labeled with the words HazardousWaste or with other words that identify the containers contents (e.g., spenttoluene solvent). Aerosol cans that do not meet the federal definition of empty(40 CFR 261.7) are, regardless of contents, usually considered hazardous becausethey are ignitable (D001) due to the type of propellant used.

If the contents of the aerosol cans (including the propellants) are nonhazardous,the hazardous waste accumulation standards do not apply. However, state and/orlocal fire protection requirements for product storage would need to be followed.



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Note that state requirements may be stricter. Massachusetts, for example, requirescontainers in satellite accumulation areas to be labeled with more informationthan is required under the federal rules.

13. Is there a requirement to affix a HazardousWaste label on the large storage tanks in thesame manner we label 55-gallon drums with astart accumulation date?

Under the federal rules for accumulating hazardous waste on-site without a per-mit, the date that the storage period began must be clearly marked and visible forinspection on each container. EPA also requires that all tanks be marked with thedate that the storage period began. As with containers, all tanks in the accumula-tion area must be labeled or marked clearly with the words Hazardous Waste.

14. Are generators of hazardous waste required

to send a copy of the manifest to the state?It depends on the state. Some states require it and some do not. Check the stateregulatory analysis under the Manifest topic for information on whether a partic-ular state requires that manifests be sent to the state. Page 1 of the manifest is forthe destination state agency (if required). Page 3 is for the generator state agency(if requried).

15. If Company A leases space within its facilityto Company B, can Company A fill out the mani-fest for hazardous waste sent off-site for disposal?

A generator is defined as any person, by site, whose act or process produces haz-ardous waste identified or listed in 40 CFR Part 261 or whose act first causes ahazardous waste to become subject to regulation (Section 260.10). Thus, EPA con-siders both the owner of the facility (i.e., Company A) and the operator of theleased space (i.e., Company B) jointly and severally liable as generators.

Under RCRA, EPA allows co-generators to designate one party to take primaryresponsibility for filling out the manifest and fulfilling other generator responsibili-ties on behalf of all parties. In fact, EPA prefers and encourages, where two ormore parties are involved, that all parties agree to have one party perform the gen-erator duties. Where this is done, EPA typically looks to the designated party toperform the generator responsibilities.

If a responsible party is not clearly designated, or EPA does not know which partyby mutual agreement is appointed to carry out the generator duties, the Agencywill initially look to the operator of the process unit to fulfill the generators duties(45FR72027, October 30, 1980).

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EPA, however, reserves the right to enforce against any and all persons who fit thedefinition of generator in a particular case if the requirements at Part 262 are notadequately met.

16. Is there a mechanism to correct a manifestfor a shipment of waste that was incorrectly iden-tified as hazardous waste (D006, D007, D008), butshould have been identified as nonregulatedwaste?

The waste in question was wastewater and accumulated solids pumped out fromthe lift station and neutralization tank of a research laboratory building. In therush to get this material out during maintenance operation on a Saturday, an exist-ing waste profile approved by the transporter and TSDF was used. We have sam-pling and analysis data that show levels of heavy metals (Cd, Cr, Pb) well belowTCLP limits. If this were really hazwaste, the facilitycurrently registered as anSQGwould exceed 1,000 kg for that month.

The generator should alert the TSDF as to the discrepancy (if the TSDF has notalready alerted the generator) and ask them to verify that the waste in question isnonhazardous. The TSDF can indicate the discrepancy on its copy of the manifestand distribute (or redistribute) the manifest in accordance with its requirements(one copy going back to the generator). The discrepancy is obviously in the typeof waste shipped, and the rules allow the generator and TSDF to reconcile the dis-crepancy on the phone. The generator should check with its state environmentalagency to see if the agency requires a copy of the manifest (probably it does).

The following information from our federal Manifest regulatory analysis is relevant:

MANIFEST REQUIREMENTS FOR TSDFsSigning and Distributing

40 CFR 264.71(a)(1) to (2)

If a facility receives hazardous waste accompanied by a manifest, the owner, oper-ator, or agent for the facility must:

N Sign and date by hand each copy of the manifest to certify that the hazardouswaste covered by the manifest waste was received.

N Use the manifests discrepancy space to note on each manifest copy any sig-nificant discrepancies in the manifest or that the hazardous waste was

rejected. (Note: EPA does not require the TSDF to perform waste analysisbefore signing the manifest, but if discrepancies are found in later analysis,these must be reported.)

N Immediately give the transporter at least one copy of the signed manifest.

N Within 30 days after delivery, send a copy of the manifest to the generator.

N Retain a copy of each manifest at the facility for at least 3 years from the dateof delivery.



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MANIFEST DISCREPANCIES

Quantity or Type

40 CFR 264.72

Receiving TSDFs must resolve significant discrepancies between the quantity or

type of hazardous waste designated on the manifest or shipping paper and thequantity or type of hazardous waste a facility actually receives (40 CFR264.72(a)(1)). A significant discrepancy in quantity is defined as (40 CFR264.72(b) to (c)):

N For bulk waste, variations greater than 10 percent in weight

N For batch waste, any variation in piece count, such as a discrepancy of onedrum in a truckload

Significant discrepancies in type of waste are obvious differences that can be dis-covered by inspection or waste analysis, such as waste solvent substituted forwaste acid, or toxic constituents not reported on the manifest or shipping paper.

When a significant discrepancy is discovered, the TSDF owner or operator mustattempt to reconcile the discrepancy with the waste generator or transporter. EPAconsiders a telephone conversation to be an acceptable method of reconcilia-tion. If the discrepancy is not resolved within 15 days of receiving the waste, theowner or operator must immediately submit a letter to the EPA regional adminis-trator describing the discrepancy and the attempts made to reconcile it, alongwith a copy of the manifest or shipping paper at issue (40 CFR 264.72(c)).

17. What are the training requirements for person-nel who sign the hazardous waste manifest?

The person signing the manifest on behalf of your company should have bothDOT training (49 CFR 172.704) and RCRA generator training (40 CFR 265.16 forlarge quantity generators or 40 CFR 262.34(d)(5) for small quantity generators).While there is some thought that DOT training alone would be sufficient, RCRAtraining alone would clearly NOT be sufficient.

18. A container identified as RCRA empty wassent to a drum reconditioner. Upon arrival, thecontainer was determined not RCRA empty. Canthe drum reconditioner send the container back

to the generator (not a treatment facility) using abill of lading?

Since everyone is now knowing (i.e., aware that there is a hazardous waste situa-tion to deal with), the letter of RCRA needs to be followedno shortcuts, nochance taking. This is the situation and it needs to be addressed in the most effec-tive, efficient, and economical manner.

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Do not ship the drum back because it does not make good sense to double han-dle a hazardous waste, and now knowing that the drum is RCRA waste, youwould not want to get into an interpretation cycle and chance of being fined forpossible mishandling.

It would be a good idea to inform the generator (drum owner) of the situationand then look at two options:

N Have the generator arrange to have the drum picked up by a hazardous wastehauler and have it disposed of properly, or

N Have the drum picked up by a hazardous waste hauler and disposed ofproperly (at the generators expense).

19. What does recovery of surrogates mean inTCLP tests?

On TCLP tests, if the d-lists chemicals are all below the maximum allowable, it saysrecovery of surrogates. Two of these are greater than the maximum allowable.What does recovery of surrogates mean?

In performing the test certain chemical compounds (what they are depends uponthe test being conducted) are added to the solute being tested. These chemicalsare indicators of the efficacy of the test. In other words, they act like an internalstandard that enables the chemist to ensure that the test has been conductedproperly and that there hasnt been a glitch.

So in this case, the level can be low because the recovery was low. However, if therecovery of the surrogate was high, it can be assumed that the recovery of thecompound in question was high and that the value is valid.

20. Regarding Hazardous Waste D007 forChromium, is the 5 ppm limit for HexavalentChromium or for total Chromium?

Our interpretation of the 5.0 mg/L limit for D007 set forth in Table 1 to 40 CFR261.24 is that it is for total Chromium.

21. Where can I find the rules about labelingdrums in which used xylene that will continue tobe reused is stored?

Xylene is a listed hazardous waste that must be managed by a generator in accor-dance with the accumulation time rules found at the federal regulatory level at40 CFR 262.34. How long the waste can remain on-site depends on whether thegenerator is a large or small quantity generator. If the xylene is continually beingtaken out of the drum and then being added back into the drum, the satelliteaccumulation rules, including the labeling requirements, would probably apply.Because of the nuances of this question relative to your actual operation, it maybe wise to address your state regulatory agency.



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22. What is a land disposal restriction notice?Does this accompany all HW manifests?

This is excerpted from BLRs Land Ban regulatory analysis.

NOTIFICATION BY GENERATORS

One-Time Notification

40 CFR 268.7(a)

Wastes not meeting applicable treatment standards. If after testing a wasteor contaminated soil, or if based on knowledge of the waste, a generator deter-mines that the waste is subject to LDR and does not meet applicable treatmentstandards, the generator must send, with the initial shipment of the waste, a one-time written notification to each TSDF receiving the waste and must place a copyin the facility file. The notification must include (40 CFR 268.7(a)(2)):

N The EPA hazardous waste number

NFor characteristic wastes, any additional hazardous constituents present

N The constituents of concern for F001 through F005 and F039

N Whether the waste is nonwastewater or wastewater and any subdivisionsmade within a waste code based on waste-specific criteria (e.g., D003 reactivecyanide)

N The manifest number

N Any waste analysis data, where available

N For hazardous debris, the contaminants subject to treatment as described in40 CFR 268.45(b) and a statement that the contaminants are subject to thealternative treatment standards of 40 CFR 268.45

NFor contaminated soil, the contaminants subject to treatment as described in40 CFR 268.49(a) and a statement as to whether the soil contains listed haz-ardous waste or exhibits characteristics of hazardous waste and that the soilmeets the soil treatment standards in 40 CFR 268.49(c) or the UTS/ul/p

Wastes for which a determination has not been made. If the generatorchooses not to make the determination of whether its waste must be treated,the generator must send a one-time notice to each treatment or storage facilityreceiving the waste and place a copy in its files. The notification, with the ini-tial shipment of the waste, must include the EPA Hazardous Waste Numbersand Manifest Number of the first shipment and must state: This hazardouswaste may or may not be subject to the LDR treatment standards. The treat-

ment facility must make the determination (40 CFR 268.7(a)(2)).Wastes qualifying for an exemption. If a generators waste qualifies for anexemption from a treatment standard (e.g., a national capacity variance, case-by-case-extension, or no-migration exemption), the generator must state in thenotification that the waste is not prohibited from land disposal and indicatethe date that the waste will become subject to the LDRs (40 CFR 268.7(a)(4)).

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Wastes that meet applicable treatment standards. However, if the genera-tor determines that a waste or contaminated soil already meets its specifictreatment standard at the point of generation and can be land disposed with-out further treatment, the generator must send, with the initial shipment of thewaste, a one-time written notification to each TSDF receiving the waste andmust place a copy in the generators file. The notification must include thesame information as for wastes not meeting applicable treatment standardsplus a certification statement, signed by the generators authorized representa-tive, that the waste complies with treatment standards specified in 40 CFR268.40 to 268.49 (40 CFR 268.7(a)(3)).

Subsequent notification. EPA requires a new notice and certification besent to the TSDF only when the waste or the receiving facility changes. Anysuch new notice and certification must be placed in the generators files (40CFR 268.7(a)(3)(iii)).

Characteristic Wastes

40 CFR 268.9(d)

If a generator has a hazardous waste from which the hazardous characteristichas been removed and the waste meets applicable treatment standards, thenotification and certification does not need to accompany the shipment.Instead, the generator must place a one-time notice and certification in thegenerators or treaters on-site files. The notification and certification must beupdated if the receiving facility changes or if the process or operation generat-ing the waste changes.

23. I have a facility that generates tumblingwastewaters that exceed the RCRA threshold for

lead. Would it be permissible to reduce the vol-ume of this waste via evaporation without gettinga TSDF permit?

According to EPA, the answer is probably no. Evaporation would be consideredtreatment as per the definition of treatment at 40 CFR 260.10. Although generatorsare able to do on-site treatment of their wastes, they must do so in compliancewith the applicable provisions of 40 CFR 262.34 and provided that the treatment isnot thermal treatment.

EPA cites the 51Federal Register10146, 10168; March 24, 1986, as the prohibitionagainst generator unpermitted thermal treatment in a 2003 EPA hotline answer to

a question as to whether generators can conduct on-site treatment. EPA has alsoremoved from its files an earlier letter that said generators could conduct evapo-ration. So the EPA conclusion appears to be, although it is nowhere so stated(whether in a regulation, policy, or the definition of thermal treatment at 40 CFR260.10), that EPA considers evaporation to be thermal treatment. Thermal treat-ment is regulated under Part 265, Subpart P; Part 264/265, Subpart O; Part 264,Subpart X; or Part 266, Subpart H (requiring a permit).



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I spoke to one of our water editors and he points out the following: Connecticuthas a wastewater general permit for tumbling operations. But the maximum leadconcentration allowed is 0.5 mg/L. Im sure theyve already investigated this butif they had enough tankage for dilution they might be able to truck it to a POTWas a nonhazardous waste. Although youre increasing the volume there mightbe considerable disposal savings by diluting vs. evaporation/concentration.

24. What are Underlying Hazardous Constituents?

Underlying hazardous constituents is defined at 40 CFR 268.2(i) and relates tothe hazardous waste land disposal restrictions. Heres the definition:

Underlying hazardous constituent means any constituent listed in 40 CFR 268.48Table UTS-Universal Treatment Standards, except fluoride, selenium, sulfides, vana-dium, and zinc, which can reasonably be expected to be present at the point ofgeneration of the hazardous waste at a concentration above the constituent-spe-cific UTS treatment standards.

25. Is solid waste with vanadium TCLP of greaterthan 1.6 mg/l characteristic hazardous wastesince vanadium is not an underlying hazardousconstituent?

While it is correct that vanadium is not an underlying hazardous constituentbecause it does not meet that definition as set forth at 40 CFR 268.2(i) in the landdisposal restriction regulations, there is a universal treatment standard (UTS) forvanadium as set forth at 40 CFR 268.48. The UTS requires that vanadium betreated to its UTS level of 1.6 mg/l TCLP for nonwastewater, or to a UTS level of4.3 mg/12 for wastewater. If vanadiums TCLP is greater than 1.6 mg/l, it requires

treatment to its UTS level.

26. What waste treatment can be performedpursuant to the storage and treatment condi-tional exemption for low-level mixed waste?

Pursuant to the low-level mixed waste conditional exemption, a generator maytreat low-level mixed waste in a tank or container in accordance with the terms ofa Nuclear Regulatory Commission (NRC) or NRC Agreement State license.Treatment that cannot be done in a tank or container without a RCRA permit(e.g., incineration) is not allowed under this exemption (Section 266.235).

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27. If I collect aerosol cans at a POG (as haz-ardous waste), but then when I remove them forstorage I sort them and puncture any cans thatmight have fluid in them and put empty cans forrecycling, am I breaking any federal rule on

declaring this a hazardous waste?Under the federal rules, a steel aerosol can that does not contain a significantamount of liquid meets the definition of scrap metal at 40 CFR 261.1(c)(6) and sowould be exempt from RCRA regulation under 40 CFR 261.6(a)(3)(ii) if it is recy-cled (the scrap metal recycling exemption). This scrap metal recycling exemptionapplies to scrap metal that is not excluded under 40 CFR 261.4(a)(13) (e.g.,aerosol cans) and exempts the aerosol cans from regulation under 40 CFR 262through 268, 40 CFR 270, and 40 CFR 124 (the RCRA hazardous waste regulationsthat would otherwise apply). The scrap metal recycling exemption also exemptsthe scrap metal being recycled from the notification requirements of Section 3010of RCRA. Scrap metal being recycled in accordance with the scrap metal recy-

cling exemption of 40 CFR 261.6(a)(3)(ii) does not need to be counted by thegenerator towards his or her total of how much hazardous waste the generatorgenerates per month (40 CFR 261.5(c)(1)).

The process of emptying the aerosol cans is part of the scrap metal recyclingprocess and is exempt from RCRA regulation because of the scrap metal recyclingexemption at 40 CFR 261.6(a)(3)(ii). EPA recommends that emptying the aerosolcans be conducted in a safe and environmentally protective manner and that anyliquids or contained gases removed from the can be properly managed, whichmay include management as a hazardous waste if the removed liquids or gasesare listed hazardous wastes, or if they exhibit any hazardous waste characteristics.The can does not have to meet the 40 CFR 261.7 definition of empty (known as

RCRA empty) as long as its being recycled (and not disposed of). If the candoes not contain any significant liquids it is exempt as scrap metal. However, todispose of a can as nonhazardous waste (rather than recycle it), the generatorwould have to determine whether the can meets the RCRA empty definition (orthat the product it contained was not hazardous) and that the can itself is nothazardous. If the can is to be disposed of, rather than recycled, and either containsor is hazardous waste, it must be managed under applicable RCRA hazardouswaste regulations.

Note that state and/or local fire protection codes may have storage requirementsfor aerosol containers. In addition, some states may have requirements for aerosolcan puncturing procedures.

Note also that businesses should contact the scrap metal recycler they plan touse to determine if the recycler has any additional criteria for recycling wasteaerosol cans. Some scrap dealers may not accept cans that are not punctured orthat are not RCRA empty. The Federal Insecticide, Fungicide, and Rodenticide Act(FIFRA) requires empty pesticide containers be disposed of as per label instruc-tions. If the label states not to puncture the can, then do not puncture. Pesticidesinclude insecticides and herbicides (40 CFR 156).



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28. What is the accumulation start date for anonhazardous waste that, once sampled, isdetermined to be a hazardous waste?

The accumulation start date would be the date when the material (as defined in40 CFR 261) was determined to be spent as defined by 40 CFR 261.1(c)(1): a

spent material is any material that has been used and as a result of contaminationcan no longer serve the purpose for which it was produced without processing.However, an exception to this would be if the material was being accumulated inaccordance with the generator satellite storage rules of 40 CFR 262.34(c), whichallow the accumulation start date (90 days for large quantity generators, 180 daysfor small quantity generators) to begin after the container (not to exceed a totalof 55 gallons in the entire satellite container area) is full.

29. Are there any exceptions to the 90-day(or, for small quantity generators, 180-day)

accumulation time limits?Wastes being accumulated at satellite accumulation points in accordance withregulatory requirements do not become subject to the accumulation time limitsuntil the specified threshold of 55 gallons of hazardous waste or 1 quart ofacutely hazardous waste is reached. Accumulation at satellite areas must complywith specific requirements under RCRA.

Small quantity generators are allowed to accumulate hazardous waste on-site for270 days or less if the waste must be transported 200 miles or more for off-sitetreatment, storage, or disposal (this exemption can only be granted if there is nofacility available, not if the generator chooses to send the waste to a more distantsite). In addition, a generator may be granted an extension to the 90-day (or, for

small quantity generators, 180- or 270-day) period for up to 30 days if EPA deter-mines that the wastes must remain on-site for longer than that time due to unfore-seen, temporary, and uncontrollable circumstances.

In March 2000, EPA adopted regulations that allow LQGs of wastewater treatmentsludges from the metal finishing industry (i.e., EPA Waste F006) to accumulateF006 beyond the usual 90-day limit applicable to LQGs of hazardous waste, pro-vided the waste is going to be recycled through metal recovery. For LQGs, themain advantage of the rule is that more sludge can be transported to recyclers inone shipment; the per-kg cost of transport and recycling is therefore decreased.Check that your state has adopted this provision, as not all states have done so.

Under certain conditions found at 40 CFR 262.34(g), LQGs of F006 waste mayaccumulate this hazardous waste on-site for up to 180 days without a storage per-mit. If the LQG must transport its F006 waste over a distance of 200 miles or morefor off-site metals recovery, the generator may accumulate F006 on-site for up to270 days provided the LQG complies with the requirements for accumulatingF006 for up to 180 days.

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30. What is considered RCRA empty forcontainers?

Containers from which waste has been removed are not subject to most RCRAhazardous waste management standards, provided they meet certain standards inorder to be considered legally empty (often called RCRA empty).

Three Standards

Separate standards exist for containers holding:

N Hazardous waste

N Compressed gas that is a hazardous waste

N Acute hazardous waste

Inner Linings

The three empty container standards apply to both containers and inner linersused for the storage of RCRA hazardous waste.

DEFINITION OF EMPTY

Hazardous Waste

The hazardous waste container or inner liner is empty if:

N All waste has been removed that can be removed by pouring, pumping, or bymeans of suction; and

N No more than 1 inch (in.), equivalent to 2.5 centimeters, of residue remainson the bottom of the container or inner liner (commonly referred to as theone-inch rule); or

N

No more than 3 percent by weight of total capacity of the container remainsin the container or inner liner if the container is less than or equal to 119 galin size; or

N No more than 0.3 percent by weight of the total capacity of the containerremains in the container or inner liner if the container is greater than 119 galin size.

Note: The empty-by-weight standards are often used when there is a mixture ofsolid and liquid hazardous waste in the container.

Hazardous Waste Compressed Gas

A container holding compressed gas is empty when the pressure in the container

approaches atmospheric pressure. To allow the pressure in the container to reachatmospheric pressure, the container has to be opened. Proper precautions have tobe taken when opening containers of compressed gas.

Acute Hazardous Waste

A container used to hold an acute hazardous waste that is listed in 40 CFR 261.31and 40 CFR 261.33(e) is empty if one of these three conditions has been met:



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N It has been triple-rinsed using a solvent capable of removing the hazardouswaste.

N It has been cleaned by another method that has been shown to achieve theequivalent removal of triple rinse.

N In the case of a container, the inner liner that prevented contact of the haz-ardous waste has been removed.

Note: There is no federal guidance as to what particular method constitutestriple rinsing, other than to say that the container must be rinsed three timeswith a suitable solvent. Your state, however, may specify how to triple-rinse the con-tainer. Contact your state environmental agency to see if it has triple-rinse guide-lines and remember that the rinse material must be managed as a hazardouswaste. In addition, remember that any inner liner that is removed must be man-aged as a hazardous waste.

Farmer Exemption

Farmers disposing of waste pesticides from their own use that are hazardouswastes are exempt from most RCRA hazardous waste managing requirements pro-vided the emptied pesticide container is triple-rinsed in accordance with the stan-dard for acute hazardous wastes at 40 CFR 261.7(b)(3).

31. Is container-specific containment required fora 55-gallon barrel? We have a facility in which allstorm drains run to an oil-water separator. Wehave a shop with a used oil barrel (and new oilbarrels) that does not have specific containmentfor the barrels. In the worst case, a forklift punc-

tures the barrel, the oil enters the storm drain,and it is captured in the oil-water separator. Isthat adequate secondary containment or doesevery drum have to have its own containmentable to contain its entire contents?

Do you have aggregate capacity of over 1,320 gallons in containers that are 55 galor greater? If so, a SPCC plan is required. In the SPCC plan, a vulnerability analysisis required and a worst-case scenario is postulated, the question being, How willthe spill be contained and cleaned up?

If the drum were to be speared by a forklift, putting it on a secondary contain-ment pad or in secondary containment may not be effective, as it is likely that theoil will spray out, meaning some portion of the resulting spill will be outside thecontainment. If this does happen, two critical factors come into play:

1. Are your personnel trained to respond to containment problems?

2. Are spill response materials nearby and available for use?

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Relying exclusively on the oil-water separator is not good engineering practice.There are many ways for it to fail that could result in a release of oil.

In fact, one of the things I look for is that there is a portable cover for the stormdrain to keep oil from entering the system in the event of a spill.

The key, obviously, is that there be no release of oil.

If the plant in question has a NPDES permit, it should contain standard languageabout an oil spill prevention and response plan.

The bottom line is that I know of no requirement that there be secondary contain-ment for every 55-gal drum. Generally, training and response materials are whatare looked for if there is a release. That said, it is not a good idea to rely on thestorm system oil-water separator as secondary containment in any situation.

32. Should empty paint cans be collected andshipped as hazardous waste, or can they beincinerated along with solid waste?

Hazardous waste residues remaining in either a container after the containermeets the RCRA definition of empty (i.e., becomes a RCRA empty container) orin an inner liner removed from a RCRA empty container are exempt from man-agement as a hazardous waste in accordance with 40 CFR 261.7(a)(1).

33. Can expended acetylene bottles bedisposed of without triggering RCRA issues?

For acetylene containers, simply emptying the contents is not enough for thecylinder to meet the definition of a RCRA empty container. Those cylinders have

a porous core in which the acetylene is dissolved. The cores contain acetone (asmuch as 50 pounds per cylinder, or 36 percent of the cylinders capacity byweight), which must be removed before the cylinder is empty for RCRA purposes.Until the acetone is removed, they must be managed as an F003 waste.

34. How do I know if I am a CESQG?

If you generate 100 kilograms (220 pounds) or less per month of hazardous waste,or 1 kilogram (2.2 pounds) or less per month of acutely hazardous waste, you areconsidered a conditionally exempt small quantity generator (CESQG). That meansthat you are allowed to generate up to 100 kilograms of hazardous waste in anycalendar month. Meaning that you can generate up to 1,200 kilograms of haz-ardous waste during the year.

Under federal requirements:

N CESQGs must identify all the hazardous waste generated.

N CESQGs may not accumulate more than 1,000 kilograms of hazardous wasteat any time.



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N CESQGs must ensure that hazardous waste is delivered to a person or facilityauthorized to manage it.

Documentation and reporting: There are no specific federal requirements forkeeping records of the amount of hazardous waste generated by a CESQG.However, it is highly recommended.

This documentation provides a basis for determining your generator status eachcalendar month and is proof to any regulatory agency that may question yourmonthly generation rates. Hazardous waste that is sent to a TSDF is generally listedon a Uniform Hazardous Waste Manifest or a state manifest. The manifest providesthe proper documentation for monthly generation of hazardous waste.

If, at any time, the monthly generation for the facility exceeds 100 kilograms, EPAmust be notified of your change of generator status for the remainder of the yeareven if the hazardous waste generated during the year is 1,200 kilograms or less.

35. Whats the difference between a tank and a

container?Although the answer to this question might appear to be obvious, the questionarises when trying to determine whether a management unit is a container or atank. The key difference is that a container is a portable device, whereas a tank isa management unit that remains stationary. The RCRA hazardous waste regula-tions define a container as any portable device in which a material is stored,transported, treated, disposed of, or otherwise handled. (This definition is inten-tionally broad to encompass all different types of portable devices. Fifty-five-gallondrums and barrels are two common types of containers, but a container can alsobe a tanker truck, railroad car, small bucket, or test tube.) In contrast, a tank isdefined as a stationary device designed to contain an accumulation of hazardouswaste, which is constructed primarily of nonearthen materials that provide struc-tural support.

Appendix

The following information is excerpted from BLRs topic analysis:HazardousWaste Generators.

THREE CLASSES OF GENERATORS

There are three classes of generators: large quantity generators (LQGs), smallquantity generators (SQGs), and conditionally exempt small quantity generators(CESQGs). Class status depends on the amount (volume) and type of hazardouswaste being generated in a calendar month. You must add up the weight of allthe hazardous waste your facility generates in a month; the total weight deter-mines your generator class. There are, however, specific rules to determine whichwastes are counted and which are excluded from being counted. Compliance

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responsibilities are more comprehensive for larger generators. Be sure that yourstate environmental regulatory agency knows your generator class.

The generator requirements at 40 CFR 262 are applicable to LQGs and SQGs; theaccumulation time rules at 40 CFR 262.34 make certain requirements set forth inthe regulations at 40 CFR 265 for interim-status treatment, storage, and disposalfacilities (TSDFs) applicable to LQGs and SQGs (e.g., container and tank require-

ments, biennial reports, contingency plans). Special, and less stringent, require-ments for CESQGs are set forth at 40 CFR 261.5. All classes of generators mustcomply with DOT regulations related to training (49 CFR 172.702 et seq.), andmost generators will need to comply with the provisions for DOT registration(49 CFR 107.601 et seq.) and security plans (49 CFR 172.800 et seq.) providedthey ship the hazardous materials that trigger these DOT requirements.

Table I summarizes the responsibilities of the three federal classes of generators.

DETERMINING YOUR CLASS

Monthly Volume

Volumes of hazardous waste generated are computed monthly. It is possible to bea SQG one month and a fully regulated generator (LQG) the next. If the amount of


Table I

Summary Comparisons of Generator Responsibilities

LQG SQG CESQG

Subject to manifest rules Yes Yes No

DOT Transport Responsibilities Yes Yes Yes

Must determine if waste is hazardous Yes Yes Yes

On-site accumulation time limits 90 days; 180 days for

F006 wastes

180 days, 270 if waste

must be transported

more than 200 miles

None

On-site accumulation quantity limits No limit Yes Yes

On-site storage requirements Yes Yes NoMust send waste to RCRA

permitted/interim status facility

Yes Yes Yes (or state-approved

facility)

Air emissions standards of 40 CFR

264 to 265, subparts AA, BB, CC

Yes No No

Notice to EPA of hazardous waste

activities (Form 8700-12)

Yes Yes No

EPA ID number required Yes Yes No

Biennial report required Yes No No

Written contingency plan Yes No No

Emergency response procedures Yes Yes No

Emergency response coordinator Yes Yes (but can be off-site) No

Formal personnel training program Yes No No


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waste generated in a given calendar month places the generator in a differentgenerator class, the generator must comply with all applicable requirements ofthat class for all waste generated during that calendar month.

In some instances, it may be possible to control those unusual circumstances thatcould cause you to exceed your monthly generation limitation. For example, anSQG may avoid being an LQG one month by scheduling its annual plant mainte-

nance in a week that is in two different months. In the year 2009, for example, thelast week in September begins on Monday the 28; Tuesday and Wednesday arealso in September, but Thursday and Friday are the first 2 days of October. If theSQG commenced its plant maintenance for the week beginning September 28,some of the hazardous wastes generated that week would be counted inSeptember, with the rest counted in October.

Table II sets forth the maximum and minimum monthly volumes for each classof generator.

Counting Your Wastes

40 CFR 262.10(b) and 40 CFR 261.5

What to count. Generators must count the quantity of hazardous waste gener-ated each month in order to determine their generator classification (40 CFR262.10(b)). The rules that set forth which wastes are counted, and which wastesare excluded from being counted, are found at 40 CFR 261.5(c) to (d) and areapplicable to all three classes of generators (even though 40 CFR 261.5 is applica-ble primarily to CESQGs). When counting hazardous waste, the generator mustinclude all hazardous waste it generates, except hazardous waste that (40 CFR261.5(c)):

N Is exempt from regulation under 40 CFR 261.4(c) to (f) (wastes generated in aproduct or raw material unit as well as waste samples used for characteristicdetermination or treatability studies)

N Is exempt from regulation under 40 CFR 261.6(a)(3) (certain recyclablematerials)

N Is exempt from regulation under 40 CFR 261.7(a)(1) (hazardous wasteremaining in an empty container or its inner liner)

25

Table II

Maximum/Minimum Monthly Volumes, Each Class of Generator

WasteVolumes

Class of Generator

LQG

1,000 kg or more of hazardous

waste a month; more than 1 kg

of acute hazardous waste a

month.

SQG

More than 100 kg but less than

1,000 kg of hazardous waste a

month; up to a total of 1 kg of

acute hazardous waste a month.

CESQG

Up to 100 kg of hazardous

waste a month; up to a total of

1 kg of acute hazardous waste a

month; up to 100 kg of any

residue or contaminated soil,

waste, or debris from the

cleanup of a spill, onto land or

water, of acute hazardous waste

a month.


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N Is exempt from regulation under 40 CFR 261.8 (polychlorinated biphenyls reg-ulated under the Toxic Substances Control Act)

N Is managed immediately upon generation only in on-site elementary neutral-ization units, wastewater treatment units, or totally enclosed treatment facilitiesas defined in 40 CFR 260.10

N Is recycled, without prior storage or accumulation, only in an on-site process

subject to regulation under 40 CFR 261.6(c)(2)N Is used oil managed under 40 CFR 261.6(a)(4) and 40 CFR 279

N Is spent lead-acid batteries managed under 40 CFR 266, Subpart G

N Is universal waste managed under 40 CFR 261.9 and 40 CFR 273

To avoid double counting, the regulation states that wastes that do not need to becounted when determining generator class, provided they were counted whenthey were initially generated, are (40 CFR 261.5(d)):

N Hazardous waste when removed from on-site storage

N Hazardous waste that is produced from on-site treatment (including reclama-tion) of hazardous waste

N Spent materials that are generated, reclaimed, and subsequently reused on-site

How to count. The regulations set forth the generated quantities in kilograms(kg), the equivalent quantities in pounds (lb) are:

N 1 kg = 2.2 lb

N 100 kg = 220 lb

N 1,000 kg = 2,200 lb

However, a large percentage of hazardous wastes are liquids, not solids, and aremeasured in gallons. Therefore, in order to measure liquid wastes, the gallons mustbe converted to pounds. The conversion will depend on the density of the liquid.

A rough guide is to figure that 30 gal (a little more than half of a 55-gal drum) ofwaste with a density similar to water will weigh about 220 pounds (100 kg).Consequently, a 55-gal drum holds slightly less than 200 kg of liquid waste with adensity similar to water.

State Law

Generator classes. Some states have not adopted the federal CESQG class. If thefederal generator classifications conflict with the state generator classifications,the more stringent (i.e., more inclusive) state law prevails.

Wastes counted. Note also that the list of hazardous wastes that are excluded

from being counted may vary in some states, making the state rule more stringentthan its federal counterpart. In other words, a waste that does not need to becounted under the federal rule may have to be counted under a state rule.Similarly, a state may have designated certain wastes as hazardous that are not sodesignated under federal law. These state hazardous wastes must be counted.



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