Hazardous Waste Generators

S P E C I A L R E P O RT
Hazardous Waste Generators

35 Questions Answered for You
17105460
S P E C I A L R E P O RT
Hazardous Waste Generators

35 Questions Answered for You
17105400
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Hazardous Waste Generators: 35 Questions Answered for You
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 the sun, and then throw them away in the trash, is that OK (within regulatory requirements)? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3. When doing a waste determination by generator knowledge, should any documentation be supplied to show how you came to your conclusion? For example, can an MSDS with short narrative to your reasoning be used? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4. Is it permissible to dispose of an F-listed waste through an industrial wastewater treatment facility with a NPDES permit? . . . . . . . . . . . . . . . . 4 5. Do the requirements for emissions under 40 CFR 265 Subpart CC for controlling VOCs from containers apply to containers at satellite accumulation areas? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 6. How often must employee RCRA training be provided? . . . . . . . . . . . . . . . . . . . . . . 6 7. If a company owns and operates two lab or manufacturing facilities on opposite sides of a public road, do the facilities need to be separately registered as hazwaste generators? If you can drive directly from one to the other without turning onto the pulic road, do they have to be combined as one generator. Is this at the discretion of the owner/operator? . . . . 6 8. If Im a small quantity generator (SQG) that has generated enough waste to be considered an LQG, how long does this new classification last? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9. We are a company with 12 different offices operating in 10 different states. Are the regulated quantities for Conditionally Exempt Small Quantity Generators (CESQGs) applicable to each individual office, or to the company as a whole? i.e., would 100 kg generated hazardous waste/universal waste be the limit for each individual office or for the company total? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 10. At a satellite accumulation point, can I have more than one type of waste, 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 at the main (90-day) storage area? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 12. If you collect aerosol cans to be punctured, can they be collected at satellite accumulation areas, with just the label aerosol cans to be punctured? Does it need to contain the word hazardous? . . . . . . . . . . . . . . . . 10 13. Is there a requirement to affix a Hazardous Waste label on the large storage tanks in the same manner we label 55-gallon drums with a start accumulation date? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 14. Are generators of hazardous waste required to send a copy of the manifest to the state? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 15. If Company A leases space within its facility to Company B, can Company A fill 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 waste that 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 the hazardous 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 drum reconditioner send the container back to the generator (not a treatment facility) 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 limit for Hexavalent Chromium or for total Chromium? . . . . . . . . . . . . . . . . . . . . . . . . . 14 21. Where can I find the rules about labeling drums in which used xylene that will continue to be reused is stored? . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 22. What is a land disposal restriction notice? Does this accompany all HW manifests? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 23. I have a facility that generates tumbling wastewaters that exceed the RCRA threshold for lead. Would it be permissible to reduce the volume of 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/l characteristic hazardous waste since vanadium is not an underlying hazardous constituent? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 26. What waste treatment can be performed pursuant to the storage and treatment conditional exemption for low-level mixed waste? . . . . . . . . . . . . 17 27. If I collect aerosol cans at a POG (as hazardous waste), but then when I remove them for storage I sort them and puncture any cans that might have fluid in them and put empty cans for recycling, am I breaking any federal rule on declaring this a hazardous waste? . . . . . . . . . . . . . 18 28. What is the accumulation start date for a nonhazardous waste that, once sampled, is determined to be a hazardous waste? . . . . . . . . . . . . . . . . . 19 29. Are there any exceptions to the 90-day (or, for small quantity generators, 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 does not have specific containment for the barrels. In the worst case,a forklift punctures the barrel, the oil enters the storm drain, and it is captured in the oil-water separator. Is that adequate secondary containment or does every drum have to have its own containment able to contain its entire contents? . . . . . . . . . . . . . . . 21 32. 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 triggering RCRA 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
Introduction
Hazardous waste generators must comply with strict, and often, complicated regulations 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 to questions or dilemmas they come across in the day-to-day operations at their facilities. Many Enviro.BLR.com customers are hazardous waste generators. This report highlights 35 questions BLR customers have asked and the answers provided by our environmental editors concerning hazardous waste storage and disposal. While some of the questions are site-specific, hazardous waste generators can glean insights from the situations presented by their colleagues. The Appendix includes a discussion and tables concerning requirements for the three classes of hazardous waste generators.
RCRA Primer: Who Rules State or Federal?

The Resource Conservation and Recovery Act (RCRA) authorizes states to develop and enforce their own waste management programs, in lieu of the federal program administered by EPA. A states waste management program will only be approved by EPA if it is substantially equivalent to, consistent with, and no less stringent than the federal program. A state whose waste management program has been approved is deemed to have RCRA authorization. States may impose requirements that are more stringent or broader in scope than the federal requirements. Hazardous waste generators are required to follow whichever is the stricter program. This report focuses on situations that apply to federal regulations. Always check your states regulations when confronted with a dilemma concerning hazardous waste management. State programs may be more stringent than RCRA, but by law cannot be less stringent than the federal program. Typical differences that occur in state regulations include: N Regulating additional wastes as hazardous by adding additional criteria for determining whether a waste is hazardous or by adding additional listed hazardous wastes; N Eliminating the small quantity or conditionally exempt small quantity generator classifications; N Requiring annual reports on hazardous waste activities instead of or in addition to biennial reports; N Establishing additional waste minimization program requirements;
N Placing a time limit on satellite accumulation; or N Defining treatment more broadly, or not allowing the same exemptions from permitting as under RCRA.
35 Questions
1. Do I need an EPA ID number and how do I obtain one?
If you are a generator who produces over 100 kilograms (kg) of hazardous waste or over 1 kg of acutely hazardous waste per month (i.e., a small quantity generator (SQG) or a large quantity generator (LQG), a hazardous waste transporter, or a TSDF 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 but , sometimes 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 month and to inventory the total accumulation of hazardous waste on-site. This information will be the basis for your EPA generator categorization. How much hazardous waste you can keep on-site and how long you can accumulate it will depend on this classification. Each individual activity conducted at your facility may generate quantities of hazardous wastes under the reporting threshold, but when added together, the facility may still fall into a category required to obtain a site-specific EPA ID number. EPA ID numbers are issued on a per-site basis. This means, for example, if a business has two sites where hazardous waste is treated, both sites must have their own 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 operations must have an EPA ID number and submit a notification of hazardous waste activities.
To obtain an EPA ID number, you must complete the federal Notification of Hazardous Waste Activity Form 8700-12, which may be obtained from EPA or your state environmental agency. Although not indicated in the RCRA regulations, the forms instructions require you 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 them to dry in the sun, and then throw them away in the trash, is that OK (within regulatory requirements)?
The short answer is no. Used oil that is a characteristic or listed hazardous waste and that will be disposed of (not recycled) must be managed as a hazardous waste. Used oil is often identified as a characteristic hazardous waste because of EPAs toxicity leaching characteristic test. RCRA provides an all-encompassing definition of hazardous waste treatment that applies to hundreds of treatment methods and technologies. Treatment is defined as any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of hazardous waste (423 USC 6903(34)). Evaporation, in some cases, is an allowable treatment, 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 management of rags that are contaminated with a listed hazardous waste or that exhibit a hazardous waste characteristic. EPA proposed a rule in 2003 that would conditionally exclude disposable rags from the definition of hazardous waste and conditionally exclude reusable rags from the definition of solid waste. That rule has yet to be finalized. A 1994 EPA guidance that is still in effect deferred determinations and interpretations concerning solvent-contaminated rags (i.e., rags that are contaminated with solvents, oil, or other hazardous wastes) to states or to EPA regions that have RCRA authority over certain states. States have developed diverse regulations and policies, which are all currently in effect. States are all waiting for the EPA final rule before making any changes. Some states categorically prohibit air drying. For instance, Idahos policy says:Airdrying solvent-contaminated rags to allow volatile constituents to evaporate is not
a permissible form of treatment or disposal. Evaporation merely transfers the hazardous constituents from the rag to the air. Connecticut policy says that if the rags are dripping with used oil, they must be managed 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 by generator knowledge, should any documentation be supplied to show how you came to your conclusion? For example, can an MSDS with short narrative to your reasoning be used?
The federal rules at 40 CFR 262.11(c)(2) specify that a generator can determine whether a waste is hazardous by applying knowledge of the hazard characteristic of 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 letters that we reviewed, whether this conclusion needs to be documented. EPA notes in one letter that You do not have to run all of or any of the constituents listed in the TCLP test if you believe, and can demonstrate through process knowledge, that your waste is nonhazardous. However, keep in mind, if enforcement takes a sample and finds that your waste is indeed hazardous, then enforcement actions would take place. EPA put it this way in another letter:Although the decision whether to test a waste or rely on process knowledge is up to the generator, EPA believes the possibility of enforcement if the waste is later found to fail the TC (or other characteristics) regulations provides a strong incentive for waste generator to make correct determinations 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 this that, to EPA, documentation supporting a waste determination is less important than the fact that a waste proves to be hazardous. In other words, EPA will conduct an enforcement action if a waste turns out to be hazardous, regardless of whether the generator believed it was nonhazardous and regardless of whether the generator had documentation supporting its conclusion.
4. Is it permissible to dispose of an F-listed waste through an industrial wastewater treatment facility with a NPDES permit?
It is permissible to dispose of an F-listed waste through an industrial wastewater treatment facility with a NPDES permit provided the generator qualifies for the de minimis exemption from the definition of hazardous waste found at 40 CFR 261.3(a)(2)(iv). Also, the discharge has to meet the effluent limits of the permit to remain in compliance.
F-listed wastes. There are seven categories of F-listed wastes, depending on the type 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 of nonhazardous 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 at 40 CFR 261.3(a)(2)(iv) must apply. If the generator can demonstrate that the mixture consists of wastewater the discharge of which is subject to regulation under either Section 402 or Section 307(b) of the Clean Water Act (including wastewater at facilities which have eliminated the discharge of wastewater), the mixture is considered to be exempt from the definition of hazardous waste. For example, a textile plant producing large quantities of nonhazardous wastewater can generate a secondary wastestream of listed spent solvents from cleaning equipment. Routing such secondary hazardous wastestreams to the facilitys wastewater treatment system is a practical way of treating and getting rid of these wastes. This management option triggers the mixture rule, however, since even a very small amount of a listed wastestream combined with very large volumes of nonhazardous wastewater causes the entire mixture to be listed. EPA provides exemptions from the mixture rule for a number of these situations where relatively small quantities of listed hazardous wastes are routed to large-volume wastewater treatment systems. To qualify for this exemption from the mixture rule, the amount of listed waste introduced into a wastewater treatment system must be very small (or de minimis) relative to the total amount of wastewater treated in the system, and the wastewater system must be regulated under the Clean Water Act. De minimis exemption from the definition of hazardous waste. As per 40 CFR 261.3(a)(2)(iv), this de minimis exemption applies to seven situations provided the amount of listed waste introduced into a wastewater treatment system is very small (or de minimis) relative to the total amount of wastewater treated in the system, and the wastewater system is regulated under the Clean Water Act. Review the seven scenerios to determine whether the wastes described in any of them are the wastes being generated.
5. Do the requirements for emissions under 40 CFR 265 Subpart CC for controlling VOCs from containers apply to containers at satellite accumulation areas?
The requirements for controlling VOCs do not apply to containers used for satellite accumulation. It is also important to note that, as applied to hazardous waste generators, the requirements of Subpart CC only apply to large quantity generators.
6. How often must employee RCRA training be provided?

Large quantity generators (LQGs) that accumulate hazardous waste on-site are required to follow the personnel training requirements set forth under the interimstatus treatment, storage, and disposal facility standards. Those standards require workers involved in hazardous waste management to be trained within 6 months of employment or assignment and complete an annual review. Small quantity generators that accumulate hazardous waste on-site are subject to less stringent standards. They must ensure all employees are familiar with proper waste-handling and emergency procedures relevant to their responsibilities during normal operations or an emergency, but the regulations dont specify a time frame or require an annual review. Conditionally exempt small quantity generators are not subject to personnel training requirements. Different states and regions interpret annual review differently. Many interpret this as 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 a public road, do the facilities need to be separately registered as hazwaste generators? If you can drive directly from one to the other without turning onto the public road, do they have to be combined as one generator. Is this at the discretion of the owner/operator?
The definitions of generator, individual generation site, and on-site in 40 CFR 260.10 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 by generator site. Generator means any person, by site, whose act or process produces hazardous waste....Individual generation site means the contiguous site at or on which one or more hazardous wastes are generated. An individual generation site, such as a large manufacturing plant, may have one or more sources of hazardous waste but is considered a single or individual generation site if the site or property is
contiguous.On-site means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along, the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which 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 the property 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 an EPA answer to a question asked of the EPA Call Center (formerly the EPA Hotline),EPA ID numbers are issued to facilities on a by-site basis. This same answer states that for the purposes of generator notification and obtaining EPA ID numbers, 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. EPA notes in a 8/18/89 letter that the state is the appropriate authority for making this determination. The state environmental department will make this decision.
8. If Im a small quantity generator (SQG) that has generated enough waste to be considered an LQG, 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 your question. According to EPA, if the amount of hazardous waste generated in a given calendar month places the generator in a different category, the generator is an episodic generator responsible for complying with all applicable requirements of the generator category for all waste generated during that calendar month. For example, if an SQG produces 300 kg of hazardous waste in May, that waste must be managed in accordance with the SQG regulations; if the same generator produces 1,500 kg of hazardous waste in June, that waste must be managed in accordance with the LQG regulations. Generators often wonder if once theyve become a different category of generator due to an episodic event, they remain in that category for the rest of the calendar year, especially if they became a larger generator. Regarding the described example, EPA would say that the generator must comply with all applicable LQG requirements for hazardous wastes generated in June for as long as that waste remains on-site. If the generator reverts back to SQG status in July, the generator must continue to manage the hazardous waste generated during the month it became an LQG according to all applicable LQG requirements. (What requirements that situation involves, in practice, will be determined by the state environmental regulatory agency.) Hazardous waste generated during
any months the generator was an SQG can be managed under SQG requirements. If you find you have had an episodic generation, contact your state environmental regulatory agency as to any particular requirements for episodic generators, such as notifying the agency of the change in generator class, requesting an EPA 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 offices operating in 10 different states. Are the regulated quantities for Conditionally Exempt Small Quantity Generators (CESQGs) applicable to each individual office, or to the company as a whole? i.e., would 100 kg generated hazardous waste/universal waste be the limit for each individual office or for the company total?
The CESQG regulated quantities would be by site, so in your case, each of the 12 sites would be a different generator and the quantities would be per each of the 12 sites. This is based on the assumption that there is not more than one office on a contiguous piece of property. As per the RCRA definitions at 40 CFR 260.10, a generator is any person, by site, whose act or process produces hazardous waste identified or listed in 40 CFR 261 or whose act first causes a hazardous waste to become subject to regulation. Although the regulations do not explicitly define the term site, EPA tracks hazardous waste generation on a sitespecific 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. EPA gives this example: if Company A operates three laboratories on a single piece of property, all three laboratories may share one EPA ID number, and the waste from all three laboratories may be evaluated together. If, however, Company A operates three laboratories at three different locations that are not considered to be on contiguous property, each laboratory is viewed as a separate potential generator and is required to obtain an individual EPA ID number.
10. At a satellite accumulation point, can I have more 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
55-gallon/1-quart limit applies to the total amount of waste in a satellite accumulation area, not per wastestream or waste type. A facility may accumulate waste in several small containers adding up to the 55-gallon/1-quart limit. Each satellite area may be used to accumulate not over 55 gallons of hazardous waste or 1 quart of acutely hazardous waste; however, a generator may elect to place more than one satellite area in the same location. This may be done as long as the areas are managed independently and all satellite accumulation requirements are followed. By location CDPHE means facility. And here is an example provided by the Ohio Environmental Protection Agency on a scenario that was not an example of satellite accumulation:A company was generating two different wastestreams from the same production process. It was accumulating the waste in two 55-gallon drums placed side by side, and felt that the drums would constitute two separate satellite accumulation requirement areas. They were not dating the drums until the drums were full. This scenario was determined to be a 90-day accumulation area. The 55-gallon limit for a satellite accumulation area applies to the area itself, and not to each individual wastestream accumulated in the area. Two wastestreams may be stored in one satellite 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 of 55 gallons is removed within 3 days of that date. In order to establish two satellite accumulation areas, the company proposed to move one of the drums a few feet away. These were not two satellite accumulation areas because the only reason to separate the drums was to avoid the 90-day accumulation area standards, and the wastestreams were generated at the same point of generation. If wastes are generated at two distinct points in a process line, a company may be able to operate two satellite areas along one process line. No specific distance is defined, and it will be left to the inspectors best professional judgment as to whether there are two distinct points of generation. Both Colorado and Ohio follow the federal accumulation time rules, so their interpretations should correspond to that of U.S. EPA. However, a few states, such as Kansas, limit satellite accumulation to one container.
11. For an LQG of hazardous waste, what signs should be posted at the main (90-day) storage area?
Under the federal EPA rules, hazardous waste treatment, storage, and disposal facilities (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 the hazardous waste container regulation (40 CFR 264/265.176) that concerns the management of ignitable or reactive waste in containers. (Note that comments in a regulation are not legally binding.) While not specifically referring to No Smoking signs, the TSDF regulation at 40 CFR 264/265.31 requires facilities to be maintained and operated to minimize 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 posted in the facilitys hazardous waste storage areas. The TSDF regulation at 40 CFR 254/265.14 concerning the security of a TSDF requires DangerUnauthorized Personnel Keep Out signs to meet specified requirements and to be posted at each 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 by reference (and thereby also made applicable to generators), neither 40 CFR 265.17 nor 40 CFR 265.14 are referenced in the accumulation time rule. Reference IS made at 40 CFR 262.34(a)(1)(i) to compliance with the interim-status container requirements, which would include 40 CFR 265.176. Compliance with 40 CFR 265.31 is also required by 40 CFR 262.34(a)(4) as that section of the accumulation time provision requires LQGs to comply with the interim-status TSDF regulations of 40 CFR 265, Subpart C (concerning preparedness and prevention and 40 CFR 265, Subpart D (concerning Contingency Plan and Emergency Procedures). While 40 CFR 262.34(d) requires small quantity generators (SQGs) to post emergency phone numbers and locations of emergency equipment information 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 in storage and other active areas of their facility. Some states, however, specifically require in their LQG regulations that certain signs be posted in the generators storage area. For example,Vermont requires at Vermont Administrative Rule 12-032-001 Section 7-311(e) that both No Smoking and DangerHazardous Waste Storage AreaAuthorized Personnel Only signs be posted in both LQG and SQG short-term storage areas. Whether required or not, many generators choose to post such signs as a way to help minimize the possibility of fire, explosions, and access by unauthorized personnel.
12. If you collect aerosol cans to be punctured, can they be collected at satellite accumulation areas, with just the label aerosol cans to be punctured? Does it need to contain the word hazardous?
Under the federal rules (40 CFR 262.34(c)), generators may accumulate hazardous waste in containers in satellite accumulation areas. The containers (into which the aerosol cans are placed) must be labeled with the words Hazardous Waste or with other words that identify the containers contents (e.g.,spent toluene solvent). Aerosol cans that do not meet the federal definition of empty (40 CFR 261.7) are, regardless of contents, usually considered hazardous because they 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/or local 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, requires containers in satellite accumulation areas to be labeled with more information than is required under the federal rules.
13. Is there a requirement to affix a Hazardous Waste label on the large storage tanks in the same manner we label 55-gallon drums with a start accumulation date?
Under the federal rules for accumulating hazardous waste on-site without a permit, the date that the storage period began must be clearly marked and visible for inspection on each container. EPA also requires that all tanks be marked with the date that the storage period began. As with containers, all tanks in the accumulation 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 state regulatory analysis under the Manifest topic for information on whether a particular state requires that manifests be sent to the state. Page 1 of the manifest is for the destination state agency (if required). Page 3 is for the generator state agency (if requried).
15. If Company A leases space within its facility to Company B, can Company A fill out the manifest for hazardous waste sent off-site for disposal?
A generator is defined as any person, by site, whose act or process produces hazardous waste identified or listed in 40 CFR Part 261 or whose act first causes a hazardous waste to become subject to regulation (Section 260.10). Thus, EPA considers both the owner of the facility (i.e., Company A) and the operator of the leased space (i.e., Company B) jointly and severally liable as generators. Under RCRA, EPA allows co-generators to designate one party to take primary responsibility for filling out the manifest and fulfilling other generator responsibilities on behalf of all parties. In fact, EPA prefers and encourages, where two or more parties are involved, that all parties agree to have one party perform the generator duties. Where this is done, EPA typically looks to the designated party to perform the generator responsibilities. If a responsible party is not clearly designated, or EPA does not know which party by mutual agreement is appointed to carry out the generator duties, the Agency will initially look to the operator of the process unit to fulfill the generators duties (45 FR 72027, October 30, 1980).
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EPA, however, reserves the right to enforce against any and all persons who fit the definition of generator in a particular case if the requirements at Part 262 are not adequately met.
16. Is there a mechanism to correct a manifest for a shipment of waste that was incorrectly identified as hazardous waste (D006, D007, D008), but should have been identified as nonregulated waste?
The waste in question was wastewater and accumulated solids pumped out from the lift station and neutralization tank of a research laboratory building. In the rush to get this material out during maintenance operation on a Saturday, an existing waste profile approved by the transporter and TSDF was used. We have sampling and analysis data that show levels of heavy metals (Cd, Cr, Pb) well below TCLP limits. If this were really hazwaste, the facilitycurrently registered as an SQGwould exceed 1,000 kg for that month. The generator should alert the TSDF as to the discrepancy (if the TSDF has not already alerted the generator) and ask them to verify that the waste in question is nonhazardous. The TSDF can indicate the discrepancy on its copy of the manifest and distribute (or redistribute) the manifest in accordance with its requirements (one copy going back to the generator). The discrepancy is obviously in the type of waste shipped, and the rules allow the generator and TSDF to reconcile the discrepancy on the phone. The generator should check with its state environmental agency 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 TSDFs Signing and Distributing

40 CFR 264.71(a)(1) to (2) If a facility receives hazardous waste accompanied by a manifest, the owner, operator, or agent for the facility must: N Sign and date by hand each copy of the manifest to certify that the hazardous waste covered by the manifest waste was received. N Use the manifests discrepancy space to note on each manifest copy any significant discrepancies in the manifest or that the hazardous waste was rejected. (Note: EPA does not require the TSDF to perform waste analysis before 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 date of 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 the quantity or type of hazardous waste a facility actually receives (40 CFR 264.72(a)(1)). A significant discrepancy in quantity is defined as (40 CFR 264.72(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 one drum in a truckload Significant discrepancies in type of waste are obvious differences that can be discovered by inspection or waste analysis, such as waste solvent substituted for waste acid, or toxic constituents not reported on the manifest or shipping paper. When a significant discrepancy is discovered, the TSDF owner or operator must attempt to reconcile the discrepancy with the waste generator or transporter. EPA considers a telephone conversation to be an acceptable method of reconciliation. If the discrepancy is not resolved within 15 days of receiving the waste, the owner or operator must immediately submit a letter to the EPA regional administrator describing the discrepancy and the attempts made to reconcile it, along with a copy of the manifest or shipping paper at issue (40 CFR 264.72(c)).
17. What are the training requirements for personnel who sign the hazardous waste manifest?
The person signing the manifest on behalf of your company should have both DOT training (49 CFR 172.704) and RCRA generator training (40 CFR 265.16 for large 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, RCRA training alone would clearly NOT be sufficient.
18. A container identified as RCRA empty was sent to a drum reconditioner. Upon arrival, the container was determined not RCRA empty. Can the drum reconditioner send the container back to the generator (not a treatment facility) using a bill of lading?
Since everyone is now knowing (i.e., aware that there is a hazardous waste situation to deal with), the letter of RCRA needs to be followedno shortcuts, no chance taking. This is the situation and it needs to be addressed in the most effective, efficient, and economical manner.
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Do not ship the drum back because it does not make good sense to double handle a hazardous waste, and now knowing that the drum is RCRA waste, you would not want to get into an interpretation cycle and chance of being fined for possible mishandling. It would be a good idea to inform the generator (drum owner) of the situation and then look at two options: N Have the generator arrange to have the drum picked up by a hazardous waste hauler and have it disposed of properly, or N Have the drum picked up by a hazardous waste hauler and disposed of properly (at the generators expense).
19. What does recovery of surrogates mean in TCLP tests?

On TCLP tests, if the d-lists chemicals are all below the maximum allowable, it says recovery 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 upon the test being conducted) are added to the solute being tested. These chemicals are indicators of the efficacy of the test. In other words, they act like an internal standard that enables the chemist to ensure that the test has been conducted properly and that there hasnt been a glitch. So in this case, the level can be low because the recovery was low. However, if the recovery of the surrogate was high, it can be assumed that the recovery of the compound in question was high and that the value is valid.
20. Regarding Hazardous Waste D007 for Chromium, is the 5 ppm limit for Hexavalent Chromium or for total Chromium?
Our interpretation of the 5.0 mg/L limit for D007 set forth in Table 1 to 40 CFR 261.24 is that it is for total Chromium.
21. Where can I find the rules about labeling drums in which used xylene that will continue to be reused is stored?
Xylene is a listed hazardous waste that must be managed by a generator in accordance with the accumulation time rules found at the federal regulatory level at 40 CFR 262.34. How long the waste can remain on-site depends on whether the generator is a large or small quantity generator. If the xylene is continually being taken out of the drum and then being added back into the drum, the satellite accumulation rules, including the labeling requirements, would probably apply. Because of the nuances of this question relative to your actual operation, it may be 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 waste or contaminated soil, or if based on knowledge of the waste, a generator determines that the waste is subject to LDR and does not meet applicable treatment standards, the generator must send, with the initial shipment of the waste, a onetime written notification to each TSDF receiving the waste and must place a copy in the facility file. The notification must include (40 CFR 268.7(a)(2)): N The EPA hazardous waste number N For 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 subdivisions made within a waste code based on waste-specific criteria (e.g., D003 reactive cyanide) N The manifest number N Any waste analysis data, where available N For hazardous debris, the contaminants subject to treatment as described in 40 CFR 268.45(b) and a statement that the contaminants are subject to the alternative treatment standards of 40 CFR 268.45 N For contaminated soil, the contaminants subject to treatment as described in 40 CFR 268.49(a) and a statement as to whether the soil contains listed hazardous waste or exhibits characteristics of hazardous waste and that the soil meets 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 generator chooses 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 facility receiving the waste and place a copy in its files. The notification, with the initial shipment of the waste, must include the EPA Hazardous Waste Numbers and Manifest Number of the first shipment and must state:This hazardous waste may or may not be subject to the LDR treatment standards. The treatment facility must make the determination (40 CFR 268.7(a)(2)). Wastes qualifying for an exemption. If a generators waste qualifies for an exemption from a treatment standard (e.g., a national capacity variance, caseby-case-extension, or no-migration exemption), the generator must state in the notification that the waste is not prohibited from land disposal and indicate the 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 generator determines that a waste or contaminated soil already meets its specific treatment standard at the point of generation and can be land disposed without further treatment, 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 copy in the generators file. The notification must include the same information as for wastes not meeting applicable treatment standards plus a certification statement, signed by the generators authorized representative, that the waste complies with treatment standards specified in 40 CFR 268.40 to 268.49 (40 CFR 268.7(a)(3)). Subsequent notification. EPA requires a new notice and certification be sent to the TSDF only when the waste or the receiving facility changes. Any such new notice and certification must be placed in the generators files (40 CFR 268.7(a)(3)(iii)).
Characteristic Wastes
40 CFR 268.9(d) If a generator has a hazardous waste from which the hazardous characteristic has been removed and the waste meets applicable treatment standards, the notification and certification does not need to accompany the shipment. Instead, the generator must place a one-time notice and certification in the generators or treaters on-site files. The notification and certification must be updated if the receiving facility changes or if the process or operation generating the waste changes.
23. I have a facility that generates tumbling wastewaters that exceed the RCRA threshold for lead. Would it be permissible to reduce the volume of this waste via evaporation without getting a TSDF permit?
According to EPA, the answer is probably no. Evaporation would be considered treatment as per the definition of treatment at 40 CFR 260.10. Although generators are able to do on-site treatment of their wastes, they must do so in compliance with the applicable provisions of 40 CFR 262.34 and provided that the treatment is not thermal treatment. EPA cites the 51 Federal Register 10146, 10168; March 24, 1986, as the prohibition against generator unpermitted thermal treatment in a 2003 EPA hotline answer to a question as to whether generators can conduct on-site treatment. EPA has also removed from its files an earlier letter that said generators could conduct evaporation. 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 CFR 260.10), that EPA considers evaporation to be thermal treatment. Thermal treatment 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:Connecticut has a wastewater general permit for tumbling operations. But the maximum lead concentration allowed is 0.5 mg/L. Im sure theyve already investigated this but if they had enough tankage for dilution they might be able to truck it to a POTW as a nonhazardous waste. Although youre increasing the volume there might be 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 to the hazardous waste land disposal restrictions. Heres the definition: Underlying hazardous constituent means any constituent listed in 40 CFR 268.48 Table UTS-Universal Treatment Standards, except fluoride, selenium, sulfides, vanadium, and zinc, which can reasonably be expected to be present at the point of generation of the hazardous waste at a concentration above the constituent-specific UTS treatment standards.
25. Is solid waste with vanadium TCLP of greater than 1.6 mg/l characteristic hazardous waste since vanadium is not an underlying hazardous constituent?
While it is correct that vanadium is not an underlying hazardous constituent because it does not meet that definition as set forth at 40 CFR 268.2(i) in the land disposal restriction regulations, there is a universal treatment standard (UTS) for vanadium as set forth at 40 CFR 268.48. The UTS requires that vanadium be treated to its UTS level of 1.6 mg/l TCLP for nonwastewater, or to a UTS level of 4.3 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 performed pursuant to the storage and treatment conditional exemption for low-level mixed waste?
Pursuant to the low-level mixed waste conditional exemption, a generator may treat low-level mixed waste in a tank or container in accordance with the terms of a 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 hazardous waste), but then when I remove them for storage I sort them and puncture any cans that might have fluid in them and put empty cans for recycling, 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 significant amount of liquid meets the definition of scrap metal at 40 CFR 261.1(c)(6) and so would be exempt from RCRA regulation under 40 CFR 261.6(a)(3)(ii) if it is recycled (the scrap metal recycling exemption). This scrap metal recycling exemption applies 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 262 through 268, 40 CFR 270, and 40 CFR 124 (the RCRA hazardous waste regulations that would otherwise apply). The scrap metal recycling exemption also exempts the scrap metal being recycled from the notification requirements of Section 3010 of RCRA. Scrap metal being recycled in accordance with the scrap metal recycling exemption of 40 CFR 261.6(a)(3)(ii) does not need to be counted by the generator towards his or her total of how much hazardous waste the generator generates per month (40 CFR 261.5(c)(1)). The process of emptying the aerosol cans is part of the scrap metal recycling process and is exempt from RCRA regulation because of the scrap metal recycling exemption at 40 CFR 261.6(a)(3)(ii). EPA recommends that emptying the aerosol cans be conducted in a safe and environmentally protective manner and that any liquids or contained gases removed from the can be properly managed, which may include management as a hazardous waste if the removed liquids or gases are 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 can does not contain any significant liquids it is exempt as scrap metal. However, to dispose of a can as nonhazardous waste (rather than recycle it), the generator would have to determine whether the can meets the RCRA empty definition (or that the product it contained was not hazardous) and that the can itself is not hazardous. If the can is to be disposed of, rather than recycled, and either contains or is hazardous waste, it must be managed under applicable RCRA hazardous waste regulations. Note that state and/or local fire protection codes may have storage requirements for aerosol containers. In addition, some states may have requirements for aerosol can puncturing procedures. Note also that businesses should contact the scrap metal recycler they plan to use to determine if the recycler has any additional criteria for recycling waste aerosol cans. Some scrap dealers may not accept cans that are not punctured or that are not RCRA empty. The Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires empty pesticide containers be disposed of as per label instructions. If the label states not to puncture the can, then do not puncture. Pesticides include insecticides and herbicides (40 CFR 156).
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28. What is the accumulation start date for a nonhazardous waste that, once sampled, is determined to be a hazardous waste?
The accumulation start date would be the date when the material (as defined in 40 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 contamination can 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 in accordance with the generator satellite storage rules of 40 CFR 262.34(c), which allow the accumulation start date (90 days for large quantity generators, 180 days for small quantity generators) to begin after the container (not to exceed a total of 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 with regulatory requirements do not become subject to the accumulation time limits until the specified threshold of 55 gallons of hazardous waste or 1 quart of acutely hazardous waste is reached. Accumulation at satellite areas must comply with specific requirements under RCRA. Small quantity generators are allowed to accumulate hazardous waste on-site for 270 days or less if the waste must be transported 200 miles or more for off-site treatment, storage, or disposal (this exemption can only be granted if there is no facility available, not if the generator chooses to send the waste to a more distant site). 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 determines that the wastes must remain on-site for longer than that time due to unforeseen, temporary, and uncontrollable circumstances. In March 2000, EPA adopted regulations that allow LQGs of wastewater treatment sludges from the metal finishing industry (i.e., EPA Waste F006) to accumulate F006 beyond the usual 90-day limit applicable to LQGs of hazardous waste, provided the waste is going to be recycled through metal recovery. For LQGs, the main advantage of the rule is that more sludge can be transported to recyclers in one 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 may accumulate this hazardous waste on-site for up to 180 days without a storage permit. If the LQG must transport its F006 waste over a distance of 200 miles or more for off-site metals recovery, the generator may accumulate F006 on-site for up to 270 days provided the LQG complies with the requirements for accumulating F006 for up to 180 days.
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30. What is considered RCRA empty for containers?

Containers from which waste has been removed are not subject to most RCRA hazardous waste management standards, provided they meet certain standards in order 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 liners used 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 by means of suction; and N No more than 1 inch (in.), equivalent to 2.5 centimeters, of residue remains on the bottom of the container or inner liner (commonly referred to as the one-inch rule); or N No more than 3 percent by weight of total capacity of the container remains in the container or inner liner if the container is less than or equal to 119 gal in size; or N No more than 0.3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is greater than 119 gal in size. Note: The empty-by-weight standards are often used when there is a mixture of solid 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 reach atmospheric pressure, the container has to be opened. Proper precautions have to be 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 261.31 and 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 hazardous waste. N It has been cleaned by another method that has been shown to achieve the equivalent removal of triple rinse. N In the case of a container, the inner liner that prevented contact of the hazardous waste has been removed. Note: There is no federal guidance as to what particular method constitutes triple rinsing, other than to say that the container must be rinsed three times with a suitable solvent.Your state, however, may specify how to triple-rinse the container. Contact your state environmental agency to see if it has triple-rinse guidelines and remember that the rinse material must be managed as a hazardous waste. In addition, remember that any inner liner that is removed must be managed as a hazardous waste.
Farmer Exemption
Farmers disposing of waste pesticides from their own use that are hazardous wastes are exempt from most RCRA hazardous waste managing requirements provided the emptied pesticide container is triple-rinsed in accordance with the standard for acute hazardous wastes at 40 CFR 261.7(b)(3).
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 does not have specific containment for the barrels. In the worst case, a forklift punctures the barrel, the oil enters the storm drain, and it is captured in the oil-water separator. Is that adequate secondary containment or does every drum have to have its own containment able to contain its entire contents?
Do you have aggregate capacity of over 1,320 gallons in containers that are 55 gal or greater? If so, a SPCC plan is required. In the SPCC plan, a vulnerability analysis is required and a worst-case scenario is postulated, the question being,How will the spill be contained and cleaned up? If the drum were to be speared by a forklift, putting it on a secondary containment pad or in secondary containment may not be effective, as it is likely that the oil will spray out, meaning some portion of the resulting spill will be outside the containment. 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 storm drain 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 language about an oil spill prevention and response plan. The bottom line is that I know of no requirement that there be secondary containment for every 55-gal drum. Generally, training and response materials are what are looked for if there is a release. That said, it is not a good idea to rely on the storm system oil-water separator as secondary containment in any situation.
32. Should empty paint cans be collected and shipped as hazardous waste, or can they be incinerated along with solid waste?
Hazardous waste residues remaining in either a container after the container meets the RCRA definition of empty (i.e., becomes a RCRA empty container) or in an inner liner removed from a RCRA empty container are exempt from management as a hazardous waste in accordance with 40 CFR 261.7(a)(1).
33. Can expended acetylene bottles be disposed of without triggering RCRA issues?
For acetylene containers, simply emptying the contents is not enough for the cylinder 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 (as much as 50 pounds per cylinder, or 36 percent of the cylinders capacity by weight), 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 are considered a conditionally exempt small quantity generator (CESQG). That means that you are allowed to generate up to 100 kilograms of hazardous waste in any calendar month. Meaning that you can generate up to 1,200 kilograms of hazardous 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 waste at any time.
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N CESQGs must ensure that hazardous waste is delivered to a person or facility authorized to manage it. Documentation and reporting: There are no specific federal requirements for keeping 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 each calendar month and is proof to any regulatory agency that may question your monthly generation rates. Hazardous waste that is sent to a TSDF is generally listed on a Uniform Hazardous Waste Manifest or a state manifest. The manifest provides the proper documentation for monthly generation of hazardous waste. If, at any time, the monthly generation for the facility exceeds 100 kilograms, EPA must be notified of your change of generator status for the remainder of the year even 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 question arises when trying to determine whether a management unit is a container or a tank. The key difference is that a container is a portable device, whereas a tank is a management unit that remains stationary. The RCRA hazardous waste regulations define a container as any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled. (This definition is intentionally broad to encompass all different types of portable devices. Fifty-five-gallon drums and barrels are two common types of containers, but a container can also be a tanker truck, railroad car, small bucket, or test tube.) In contrast, a tank is defined as a stationary device designed to contain an accumulation of hazardous waste, which is constructed primarily of nonearthen materials that provide structural support.
Appendix
The following information is excerpted from BLRs topic analysis: Hazardous Waste Generators.
THREE CLASSES OF GENERATORS

There are three classes of generators: large quantity generators (LQGs), small quantity generators (SQGs), and conditionally exempt small quantity generators (CESQGs). Class status depends on the amount (volume) and type of hazardous waste being generated in a calendar month.You must add up the weight of all the hazardous waste your facility generates in a month; the total weight determines your generator class. There are, however, specific rules to determine which wastes are counted and which are excluded from being counted. Compliance
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responsibilities are more comprehensive for larger generators. Be sure that your state environmental regulatory agency knows your generator class. The generator requirements at 40 CFR 262 are applicable to LQGs and SQGs; the accumulation time rules at 40 CFR 262.34 make certain requirements set forth in the regulations at 40 CFR 265 for interim-status treatment, storage, and disposal facilities (TSDFs) applicable to LQGs and SQGs (e.g., container and tank requirements, biennial reports, contingency plans). Special, and less stringent, requirements for CESQGs are set forth at 40 CFR 261.5. All classes of generators must comply with DOT regulations related to training (49 CFR 172.702 et seq.), and most 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.) provided they ship the hazardous materials that trigger these DOT requirements. Table I summarizes the responsibilities of the three federal classes of generators.
DETERMINING YOUR CLASS

Table I Summary Comparisons of Generator Responsibilities
LQG
Subject to manifest rules DOT Transport Responsibilities Yes Yes Yes Yes Yes 180 days, 270 if waste must be transported more than 200 miles Yes Yes Yes No Yes Yes No No Yes
SQG
No Yes Yes None
CESQG
Must determine if waste is hazardous Yes On-site accumulation time limits 90 days; 180 days for F006 wastes No limit Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes
On-site accumulation quantity limits On-site storage requirements Must send waste to RCRA permitted/interim status facility Air emissions standards of 40 CFR 264 to 265, subparts AA, BB, CC Notice to EPA of hazardous waste activities (Form 8700-12) EPA ID number required Biennial report required Written contingency plan Emergency response procedures Emergency response coordinator Formal personnel training program
Yes No Yes (or state-approved facility) No No No No No No
Yes (but can be off-site) No No No
Monthly Volume
Volumes of hazardous waste generated are computed monthly. It is possible to be a SQG one month and a fully regulated generator (LQG) the next. If the amount of
24
waste generated in a given calendar month places the generator in a different generator class, the generator must comply with all applicable requirements of that class for all waste generated during that calendar month. In some instances, it may be possible to control those unusual circumstances that could cause you to exceed your monthly generation limitation. For example, an SQG may avoid being an LQG one month by scheduling its annual plant maintenance in a week that is in two different months. In the year 2009, for example, the last week in September begins on Monday the 28; Tuesday and Wednesday are also in September, but Thursday and Friday are the first 2 days of October. If the SQG commenced its plant maintenance for the week beginning September 28, some of the hazardous wastes generated that week would be counted in September, with the rest counted in October. Table II sets forth the maximum and minimum monthly volumes for each class of generator.
Counting Your Wastes

Table II Maximum/Minimum Monthly Volumes, Each Class of Generator
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.
Waste Volumes
40 CFR 262.10(b) and 40 CFR 261.5

What to count. Generators must count the quantity of hazardous waste generated each month in order to determine their generator classification (40 CFR 262.10(b)). The rules that set forth which wastes are counted, and which wastes are excluded from being counted, are found at 40 CFR 261.5(c) to (d) and are applicable to all three classes of generators (even though 40 CFR 261.5 is applicable primarily to CESQGs). When counting hazardous waste, the generator must include all hazardous waste it generates, except hazardous waste that (40 CFR 261.5(c)): N Is exempt from regulation under 40 CFR 261.4(c) to (f) (wastes generated in a product or raw material unit as well as waste samples used for characteristic determination or treatability studies) N Is exempt from regulation under 40 CFR 261.6(a)(3) (certain recyclable materials) N Is exempt from regulation under 40 CFR 261.7(a)(1) (hazardous waste remaining in an empty container or its inner liner)
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N Is exempt from regulation under 40 CFR 261.8 (polychlorinated biphenyls regulated under the Toxic Substances Control Act) N Is managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as 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 be counted when determining generator class, provided they were counted when they 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 reclamation) 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 are measured in gallons. Therefore, in order to measure liquid wastes, the gallons must be 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) of waste 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 a density similar to water.
State Law
Generator classes. Some states have not adopted the federal CESQG class. If the federal 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 stringent than its federal counterpart. In other words, a waste that does not need to be counted 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 so designated under federal law. These state hazardous wastes must be counted.
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