requirements for hazardous waste generators in michigan

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REQUIREMENTS FOR HAZARDOUS WASTE GENERATORS IN MICHIGANA very brief summary of the steps to identify and comply with the applicable regulations for the generation of hazardous waste in the State of Michigan. And how to avoid the 9 Common Waste Generator Violations found by the MDEQ.

Hazardous Waste in Michigan

http://www.michigan.gov/deq/0,4561,7-135-3312_4118_4240-18543--,00.html

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PRESENTED BY:

Daniels Training Services815.821.1550www.DanielsTraining.comInfo@DanielsTraining.com

A different kind of training.


http://www.danielstraining.com/

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A LITTLE BACKGROUNDIt’s important to understand the basis for the regulations and what agency enforces them.


Regulatory Agencies

• USEPA regulates environmental protection nationwide.

• Approved State programs may be more stringent and more broad.

• In Michigan: The MI Department of Environmental Quality (MDEQ).

4@DanielsTrainingHazardous Waste in Michigan

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Why are Michigan Regulations so Strict?

The State of Michigan lies entirely within the

Great Lakes Watershed.


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What is Cradle to Grave?

RCRA: Resource Conservation & Recovery Act

• Hazardous waste is regulated by RCRA…• Point of generation (ie. “Cradle”).

• Transportation (ie. “to”).

• Final disposal (ie. “Grave”).

CERCLA: Comprehensive Environmental Response,

Compensation & Liability Act

• Used to clean-up abandoned sites contaminated with hazardous substances.

• Includes hazardous waste and list @ 40 CFR 302.4.


http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=579a1cae4fa77ba6217195135642de81&rgn=div5&view=text&node=40:28.0.1.1.2&idno=40

http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&sid=579a1cae4fa77ba6217195135642de81&rgn=div5&view=text&node=40:28.0.1.1.2&idno=40

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HAZARDOUS WASTE DETERMINATIONThink of it as a process you must go through for every waste you generate.


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Generators Must Complete a Hazardous Waste Determination• Sole responsibility of the generator.• Generators are “required to be correct”.• Must be documented & records maintained 3 years.

• Determination may be based on (1) testing or (2) knowledge-based.

1. If testing, use EPA-approved test methods.

2. Knowledge-based determination may include:• Process knowledge – includes MSDS’s.• Waste analysis data from other facilities.

8Hazardous Waste in Michigan

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Is it a Waste?

• Any discarded material.• Garbage or trash.• Industrial waste.• Residential waste.• Food waste.• Containers &

packaging.• For US EPA it’s

“Solid Waste”.


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Two Types of Hazardous Waste

1. Characteristic

• Must exhibit the characteristics defined.

• Usually determined by testing.

• Michigan has state-specific characteristic hazardous waste.

2. Listed

• Identified by:• Specific process.• Non-specific process.• Technical name.

• Usually knowledge-based.

• Michigan has state-specific listed hazardous waste.


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Listed Hazardous Waste

• F-Codes:• Non-specific sources.• Spent solvents, WWT sludge from plating, etc.• No Michigan only F-codes.

• K-Codes:• Specific sources.• Petroleum refining, primary metal processing, etc.

• Additional Michigan only K-codes.


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Listed Hazardous Waste

• P & U Codes:• Discarded commercial chemical products, off-specification species, container residues, and spill residues thereof as sole active ingredient.

• Additional Michigan only U–codes.


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Use Care When Managing Listed Waste

The Mixture Rule

• If any quantity of listed waste is mixed with any other waste, all becomes listed waste.

The Derived From Rule

• Residues derived from treating a listed hazardous waste are a listed hazardous waste.


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Characteristic Hazardous Waste

• Ignitable (D001):• Liquid with flashpoint <140˚F.• Flammable solid.• Others.

• Corrosive (D002):• Aqueous with pH ≤2 or ≥12.5, and/or• Liquid that corrodes steel at defined rate.• Can’t be a solid.


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Characteristic Hazardous Waste

• Reactive (D003):• Unstable under normal conditions.• Water reactive.• Explosive.

• Toxic (D004 – D043):• Poisonous to living organisms.• Based on leachability of sample.


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Michigan – Specific Characteristic Hazardous Waste

• Severely Toxic (001S – 007S):• Severely toxic to living organisms.

• Unlikely at most businesses.

• Dioxins and Furans.


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Is it Excluded by Regulation?

• Federal regulations at 40 CFR 261.4 allow for exclusion from full regulation.

• Exclusions also allowed for “legitimate” recycling.• OK: Use or reuse.• Maybe OK: Reclaim.

• Michigan does not recognize all of these exclusions.

HAZARDOUS WASTE


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Michigan Exclusions (not inclusive)

• WWT to POTW.• Recycling if approved by MDEQ.

• Universal waste.• Lab samples.• Used oils for recycling.• Off-spec fuel recycled as fuel.

• Precious metal recovery.

• Laundered rags.• Permitted dredge spoils.

• Materials in out-of-service processes.

• Empty container residue.


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Liquid Industrial Waste

1. Fails the paint filter test. “Or if the waste is thinner than butter at ≤100˚F.”

2. Is not exempt per Part 121 of Act 451.

3. Is not regulated as a hazardous waste.

• Must use applicable liquid industrial waste code.

To the Great Lakes…


http://www.michigan.gov/documents/deq/deq-whm-hwp-Liquid-Industrial-Waste-Codes_265090_7.pdf

http://www.michigan.gov/documents/deq/deq-whm-hwp-Liquid-Industrial-Waste-Codes_265090_7.pdf

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Liquid Industrial Wastes


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LIW Requirements

• No label required.• No on-site accumulation time limits.• Closed except when adding or removing waste.• No waste on outside of containers.• Managed to prevent discharge to soil, ground and surface water, or drain.

• Protected from vandals, weather, fire, & physical damage.

• Use Uniform Hazardous Waste Manifest.


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1. WASTE DETERMINATION VIOLATIONS INCLUDE:

1. Failing to properly identify all the hazardous waste generated at the business. Commonly overlooked wastes include, but is not limited to, partially empty aerosol cans, electric lamps, electronic equipment, batteries,antifreeze, rags and other textiles, sorbents, spent paint filters, spent activated carbon filter media, & sand blasting residue.

2. Failing to have waste evaluations documented and keep records for at least 3 years.

3. Managing universal waste incorrectly.


http://www.deq.state.mi.us/documents/deq-ead-tas-eleclamp.pdf

http://www.michigan.gov/documents/deq/deq-ead-tas-elecequp_305263_7.pdf

http://www.michigan.gov/documents/deq/deq-ead-tas-univwaste_320878_7.pdf

http://www.michigan.gov/documents/deq/deq-ead-tas-antifrez_320830_7.pdf

http://www.deq.state.mi.us/documents/deq-wmd-hwp-abrsvblst.pdf

http://www.michigan.gov/documents/deq/deq-ead-tas-univwaste_320878_7.pdf

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HAZARDOUS WASTE GENERATOR STATUSThe requirements of regulatory compliance depends upon your hazardous waste generator status


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Hazardous Waste Generator Status

1. Large Quantity Generator (LQG) generates:• ≥1,000 kg hazardous waste/month.• ≥1 kg acute or severely toxic hazardous waste/mo.

2. Small Quantity Generator (SQG) generates:• >100 kg <1,000 kg hazardous waste/month.• ACCUMULATE ≤6,000 kg hazardous waste.

3. Conditionally Exempt Small Quantity Generator (CESQG) generates:

• ≤100 kg hazardous waste/month.• ≤1 kg acute or severely toxic hazardous waste/mo.• ACCUMULATE <1,000 kg hazardous waste.


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PREVENTING AND PREPARING FOR EMERGENCIESMichigan largely follows the Federal rules for preparation and prevention of emergencies. Requirements differ based on your generator status.


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Hazardous Waste Emergencies

Small Quantity

Generator

Large Quantity

Generator

Preparedness and Prevention

Preparedness and Prevention

AND

Contingency Plan


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Emergency Preparedness & Prevention

• Attempt arrangements w/ local emergency services.• Internal & external emergency communication.• Fire suppression, spill control, & decon equipment.• All required equipment must be tested and maintained.• Personnel must have immediate access to internal

alarm or emergency communication device.• Must maintain aisle space to allow for unobstructed

movement of personnel and equipment to any area of the facility (24” to 36”).


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Small Quantity Generator Requirements:

• Post emergency response information.

• ID one employee available for coordinating emergency response.

In the event

of a spill or

emergency…


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2. EMERGENCY PLANNING VIOLATIONS INCLUDE:

• Small Quantity Generators:1. Missing, outdated, or incomplete

emergency posting information by telephones.

2. Failing to make arrangements with outside organizations, such as fire department, police, hospitals, local emergency planning committees, etc., that you would need to call if an emergency occurred.


http://www.michigan.gov/documents/deq/deq-ead-tas-sqgposter_306002_7.pdf

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Hazardous Waste Contingency Plan

• Arrangements agreed to by local authorities, emergency response contractors, and equipment suppliers.

• Phone numbers of local authorities & contractors.• Emergency coordinator’s address & phone (office and home).

• Up to date list of emergency equipment & capabilities.

• Evacuation plan and directions.• MDEQ Emergency & Contingency Plan guide.


http://www.michigan.gov/documents/deq/deq-ead-tas-wmd-contgncy_306001_7.pdf

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3. EMERGENCY PLANNING VIOLATIONS INCLUDE:

• Large Quantity Generators:

1. Missing current written Contingency Plan

2. Missing, outdated, or incomplete emergency coordinator and information including addresses and home phone numbers

3. Missing list of emergency equipment and description of its capabilities

4. Missing facility map with location of emergency equipment

5. Failing to include an evacuation plan.

6. Failing to mail plan to local emergency responders.

7. Failing to keep documentation that outside organizations were contacted.


http://www.michigan.gov/documents/deq/deq-ead-tas-wmd-contgncy_306001_7.pdf

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Spill Reporting

• For releases that have the potential to harm the air, water, land, or life in the community.

• Pollution Emergency Alert System (PEAS) – 800.292.4706 (w/i MI) or 517.373.7660 (outside MI).

• MDEQ Spill Reporting guide.


http://www.michigan.gov/documents/deq/deq-whm-hwp-spilrprt_248279_7.pdf

http://www.michigan.gov/documents/deq/deq-whm-hwp-spilrprt_248279_7.pdf

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HAZARDOUS WASTE CONTAINER MANAGEMENTProper container management is the way to prevent spills and DEQ violations.


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Hazardous Waste Container Management

• Keep containers closed except when adding or removing waste.

• Label: “Hazardous Waste” & hazardous waste number.

• Label must be visible.• Include date of accumulation:

• 1st moment waste enters container.• Date container is full, if in Satellite Accumulation Area.


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Hazardous Waste Container Management

• Container in good condition.

• No waste on outside of container.

• Container compatible with waste.

• Separate incompatible materials.


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4. CONTAINER VIOLATIONS INCLUDE:

1. Listing incorrect or incomplete information on hazardous waste labels.• Missing the accumulation date.• Missing the words "Hazardous Waste“.• Missing the hazardous waste number.

2. Failing to keep the containers closed, except when waste is added or removed.• Leaving funnels in place that are not screwed

into bung & can‘t be kept closed.

3. Failing to have appropriate US DOT placards available for transporters.


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HAZARDOUS WASTE ACCUMULATION AREASDEQ requires containment for hazardous waste and liquid hazardous waste beyond the Federal requirements.


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Waste Accumulation Areas

Federal

• Inspect weekly: DEQ form.• Every 7 days.• Includes holidays and

shutdowns.• Don’t exceed time

limits:• LQG = 90 days.• SQG = 180 days.

Michigan

• Protect from vandals, fire, & weather.

• Prevent release to soil, ground and surface water, or drain.

• Prevent release in violation of State’s fugitive air emissions rule.


http://www.michigan.gov/documents/deq/deq-ead-tas-wmd-rqchklst_320910_7.pdf

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Secondary Containment

• Impervious base, free of cracks.

• Designed to protect containers from spilled/accumulated liquids.

• Containment for single largest container or 10% of total volume, whichever is greater.

• Prevent run-on.• Designed to remove

accumulated liquids.


For SQG w/ >1,000 kg liquid hazardous waste orLQG w/ any liquid hazardous waste

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5. WASTE ACCUMULATION AREA VIOLATIONS INCLUDE:

1. Failing to conduct weekly inspections. Missing or incomplete written documentation of inspections by Large Quantity Generators.

2. Exceeding the allowable on-site accumulation time frame for hazardous waste.

3. Having inadequate space or aisle width to properly inspect containers and for emergency personnel access.

4. Failing to have labels visible for inspections.5. Leaving containers exposed to weather or vandals.6. Lacking or inadequate secondary containment including:

• Lacking or inadequate resistant coating and having cracked surfaces on secondary containment,

• Lacking or inadequate squirt protection, and• Failing to have containers elevated or base of containment sloped to

drain or sump, when required.


http://www.michigan.gov/documents/deq/deq-whm-hwp-secdryshrt_248281_7.pdf

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SATELLITE ACCUMULATION OF HAZARDOUS WASTEThe satellite accumulation regulations give you a break from some of the requirements for hazardous waste.


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Satellite Accumulation Areas

• Volume restrictions:• ≤55 gallons of hazardous waste.• ≤1 quart of acute hazardous waste.• ≤1 quart of severely toxic hazardous waste.

• Container requirements:• “Hazardous Waste”• Hazardous waste number or chemical name.• Other “basic” container requirements.


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Satellite Accumulation Areas

1. At or near the point of generation.

2. Under the control of the operator of the process that generated the waste.

3. When full:

1. Final closure.

2. Date container was full.

3. 3 days to move to Central Accumulation Area.

4. 90 or 180 day limit begins.• No time limit for on-site accumulation while in

SAA.


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6. SATELLITE ACCUMULATION VIOLATIONS INCLUDE:

1. Missing the words "Hazardous Waste" on container.

2. Missing the hazardous waste number or chemical name that identifies the contents on container.

3. Exceeding the allowable volume for each satellite site.

4. Failing to keep the container at or near the point of waste generation. Lacking operator control of the process that generates the waste.

5. Failing to keep satellite containers closed, except when waste is added or removed.

6. Not listing the date the satellite container(s) reaches the 55 gallons limit & failing to manage it under all of the applicable hazardous waste accumulation area requirements within the allowable timeframe.


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UNIVERSAL WASTEA “de-regulation of some hazardous waste at the Federal level and in Michigan. Be aware of your requirements.


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Federal Universal Wastes

• Electric lamps.• Batteries.• Mercury-containing devices.

• Recalled or cancelled pesticides.


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Michigan Universal Wastes

• Antifreeze.• Consumer electronics.• Pharmaceuticals.


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Universal Waste Management

Containers

• Kept closed.• Good condition.• Compatible with waste.

• Managed to prevent leaks or release.

• Specific labeling requirements.

Accumulation

• One year of on-site accumulation.• Longer if solely to facilitate disposal, if obtain permission from MDEQ.


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Universal Waste – Handler Status

Small Quantity Handler

Accumulate <5,000 kg

• No EPA ID #.• Inform employees of proper handling and emergency procedures.

• May send UW to destination facility or LQH.

Large Quantity Handler

Accumulate >5,000 kg

• Need EPA ID #.• Ensure all employees thoroughly familiar with proper waste handling and emergency procedures.

• Must send UW to destination facility.


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USED OILAnother “de-regulation” but with a catch: It is also a Liquid Industrial Waste (LIW).


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Used Oil Management

• Oil, oil filters, oil-soaked rags.

• Synthetic or petroleum.• Manage in tanks & containers only.

• Label: “Used Oil”.• Otherwise manage as LIW.


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7. USED OIL VIOLATIONS INCLUDE:

1. Failing to label used oil containers and tanks with the words "Used Oil“.

2. Failing to keep the containers closed, except when waste is added or removed.

• Leaving funnels in place that are not screwed into bung and do not have the capability of being kept closed.

3. Leaving containers exposed to weather or vandals.

4. Failing to analyze and retain total halogen testing records for used oil.

5. Failing to have records of liquid industrial waste, including used oil, that was shipped with a consolidated manifest.

6. Failing to use manifest, when required, for liquid industrial waste shipments.

7. Failing to have a copy of manifest signed by designated facility.

8. Failing to send manifest copies to appropriate state agencies within the applicable timeframe.

9. Using wrong generator identification number on manifests.


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REPORTING REQUIREMENTSMake sure you are in compliance with the DEQ reporting requirements.


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Reporting RequirementsMI Site ID Form

(EQP5150)• Must be used to document facility’s:• Generator status.• Wastes generated.• Ownership.

• Both initial and subsequent.

• Form & Directions.

Hazardous Waste Report

• Due March 1st of even year for previous year.

• LQG’s only.• Should receive forms in mid-February.

• Report instructions.


http://www.michigan.gov/documents/deq/deq-whm-hwp-EQP5150_214510_7.pdf

http://www.michigan.gov/documents/deq/deq-whm-hwp-EQP5150-directions-with-form_214511_7.pdf


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TRAINING OF HAZARDOUS WASTE PERSONNELDEQ and US EPA agree on this one: You must annually train all hazardous waster personnel at an LQG. Some training for SQG’s as well.


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Training Requirements

LQG

• Initial w/i 180 days of employment.

• Annual review.• Program directed by trained personnel.

• Trained to perform job in compliance with regulations.

• Document correctly.

SQG

• “Ensure facility personnel are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities…”


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8. TRAINING VIOLATIONS INCLUDE:

1. Missing or incomplete documented records of required training for Large Quantity Generators.

• Missing job title.• Missing job description.• Missing employee name.

2. Missing written training description for Large Quantity Generators.

3. Failing to have Large Quantity Generator employees trained annually.

4. Using other emergency training programs required by other regulations, including videos or seminars, which do not have a portion clearly devoted to the hazardous waste requirements and does not cover the facility’s contingency plan.


http://www.michigan.gov/documents/deq/deq-whm-hwp-perstran_248277_7.pdf

http://www.michigan.gov/documents/deq/deq-whm-hwp-perstran_248277_7.pdf

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THE UNIFORM HAZARDOUS WASTERequired nationwide since 9.5.06. There are Federal and State requirements you must follow.


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Uniform Hazardous Waste Manifest

• Must use for:• Hazardous waste from LQG & SQG.• Used Oil from all generators.• Liquid Industrial Waste from all generators.• PCB’s from all generators.

• Hazardous waste from CESQG does not require manifest. However, if it is a LIW, then manifest and hazardous waste codes required.


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Ensure Correct Information on Manifest• Generator US EPA ID #.• Emergency phone number.• Emergency response information.• US DOT Proper Shipping Description.• Correct hazardous waste codes, up to six (6).

1. Federal waste codes.

2. State waste codes.

3. Liquid Industrial Waste codes.• Generator’s verification signature.


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Ensure Correct Distribution & Recordkeeping• Signed copy (page 1 preferred) to MDEQ before 10th day of month following the shipment.

• Signed copy from designated facility returned to generator. If not…• w/i 35 days for all generators, all wastes: contact designated facility for your copy.

• w/i 45 days for LQG or any LIW: send exception report to MDEQ.

• w/i 60 days for SQG hazardous waste: send exception report to MDEQ.

• Ensure out-of-state TSDF sends copy of manifest to MDEQ.


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LAND DISPOSAL RESTRICTIONSaka: LDR or Landban. Be aware of your requirements as a generator of hazardous waste.


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Land Disposal Restrictions for Hazardous Waste• Established treatment standards for some hazardous waste prior to land disposal.

• Generator responsibility:

1. Determine applicable LDR’s for their waste.• Differs from waste determination.

2. Provide signed LDR or LandBan to TSDF.

3. Maintain signed copy of LDR/LandBan.

4. Update only if changes to waste.


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9. RECORDKEEPING VIOLATIONS INCLUDE:

1. Failing to have a copy of manifest signed by designated facility within the applicable timeframe.

2. Failing to send manifest copies within the applicable timeframe to the MDEQ; and if sending to an out of state TSDF, failing to send manifest copies to both the MDEQ and the other state agency.

3. Using wrong generator ID # on manifests or other reports.

4. Missing or incorrect waste codes or USDOT descriptions on manifests.

5. Missing copy of EPA's biennial hazardous waste report.

6. Missing land disposal restriction (LDR) notification and waste analysis documents

7. Missing or incomplete information on the LDR documents.

8. Listing LDR information that is inconsistent with waste characterization.


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Landfill Bans

• Used oil• Whole tires• Liquid waste• Returnable beverage

containers• Lead acid batteries• Yard clippings• Medical waste

• Sewage• Uncrushed empty

drums• Asbestos (check w/

landfill)• Low level radioactive

waste• PCB’s (check w/

landfill)


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For More Information

• Michigan Guide to Environmental, Health, and Safety Regulations (June 2010).

• Recycled Materials Market Directory (RMMD).• Disposal of Michigan wastes by type.• MDEQ waste generator instructional webinars.• MDEQ guide to manifest requirements.• MDEQ waste statutes and rules.• USEPA regulations.


http://www.michigan.gov/deq/0,4561,7-135-3310_4148-15820--,00.html



http://www.michigan.gov/deq/0,4561,7-135-3312-12387--,00.html



http://www.michigan.gov/documents/deq/deq-whm-hwp-uniform-manifest-requirements_213003_7.pdf




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Got Questions About RCRA? or HazMat Transportation?

Annual Hazardous Waste Personnel Training.

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Triennial HazMat Employee Training.

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Daniels Training Services815.821.1550Info@DanielsTraining.comwww.DanielsTraining.com


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requirements for hazardous waste generators in michigan

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