Some FAQs About Hazardous Waste Management and Disposal

This entry is a compilation of Hazardous Waste FAQs that our experts are frequently asked about hazardous waste disposal and hazardous waste management. Q&As include:

1. What paperwork is most important for EPA compliance?
2. Do state-by-state environmental regulations generally concur with those of the EPA?
3. What is an e-manifest?
4. What is a Waste Analysis Plan?
5. What is the EPA Toxic Release Inventory?
6. What does it mean for a hazmat container to be “RCRA Empty?”
7. What are the recommended guidelines for hazmat-incident contingency plans?
8. Can you treat hazardous waste without a treatment permit?
9. Does the EPA Alcohol Exemption apply to my business?
10. What is the “Hazardous Waste Generator Improvements Rule?”
11. What are the requirements for mixing hazardous waste streams?
12. What is a delisting petition?
13. What are the educational requirements for an onsite hazardous waste manager?

1. What paperwork is most important for EPA compliance?

There is required paperwork that is fairly common across the different kinds of businesses and industries that must deal with hazardous waste or chemical disposal (see Q.7). However, different types of enterprises are required to have updated documents that are specific to their hazardous waste management needs. The eight items below provide a place to begin.

1. Contingency plan for hazardous waste management. This paperwork is required of all hazardous waste treatment, storage, and disposal facilities (TSDFs). It’s also required of any entity deemed a large quantity generator (LQG) of hazardous waste. Plans need to be clearly articulated, individual personnel must know their respective duties in case of an emergency, and their contact information must be up to date.
2. Hazardous waste training records for personnel. Individual personnel at LQG entities must complete annual training, and training records for each must be extant for minimally three years subsequent to his or her attrition.
3. Records of waste determination. You must document how you identified something as hazardous waste and what danger it poses. But just as importantly, you should document how you identified something as not being hazardous waste in the event you’re challenged about it. Such records must be extant for three years subsequent to the last treatment, storage, or disposal of a material.
4. Generator’s biennial report. This must be extant for three years after the due date: generally, March 4 of even-numbered years.
5. Hazardous waste manifests. These are integral to most hazardous waste inspections. As a hazardous waste generator, you must keep a copy of the manifest signed by the transporter; a confirmation copy of the manifest with the TSDF’s signature must also be kept on file after the waste is accepted by the transporter. Both must be extant for three years. (See Q.3.)
6. Land disposal restriction documentation. Certain determination and notification records must be kept onsite for three years subsequent to your shipping hazardous waste offsite to be treated before disposal.
7. Tank and storage area inspection records. If hazardous waste is managed in tanks, such tanks must undergo daily inspections, records of which must be extant until the facility closes, along with an engineering assessment of the tank system’s integrity.
8. Incident reports. In the event of an incident that involves your contingency plan, you must keep records of the time, date, and details until your facility closes.

Keeping these documents at-the-ready so that you can quickly present them on demand will facilitate the inspection process and reduce the inevitable angst that comes with an EPA visit. It will also make for a calmer, happier EPA inspector—which has obvious benefits.

For more information and resources concerning EPA paperwork requirements, contact us today.

2. Do state-by-state environmental regulations generally concur with those of the EPA?

Individual states have the power to adopt hazardous waste management regulations that are more stringent than those of the federal government—and a number of them have done so.

In fact, in matters of hazardous waste disposal, the face of the EPA is likely that of your state—not the federal government.

Perhaps most significantly, individual states can differ from federal guidelines about what constitutes a hazardous waste per se, as well as how it should be handled.

Examples might be an industry-specific waste in a state where that industry is common; or a unique military waste in a state with a large military facility; or where the federal government allows certain waste to be placed in landfills, some states do not.

Also, different states might have different regulations about “lethality” or “severe toxicity” characteristics when determining if something is a hazardous waste; or they might add to the characteristics already in place per the EPA.

For information about regulations specific to your geographical area, contact us today.

3. What is an e-manifest?

The e-manifest (aka, electronic manifest) has replaced the traditional paper-and-pencil manifest used in transporting hazardous waste. The electronic format allows for automatic filing and (ostensibly) easier reporting to the EPA. As such, it requires details about you (the generator), along with the class and quantity of hazardous waste being transported.

To facilitate tracking of the hazardous waste from generation to disposal (cradle to grave), the e-manifest also requires information about the treatment, storage, and disposal facility (TSDF) to which the hazardous waste is being transported. And the e-manifest must be e-signed by you (the generator) and all other parties involved in the transportation process.

For more information about the e-manifest, contact us today.

4. What is a Waste Analysis Plan?

Your enterprise requires a RCRA permit if it generates, treats, or stores hazardous materials or is involved with hazardous waste removal. Applying for this permit requires you to create a Waste Analysis Plan (WAP), which is step-by-step protocol for treating, storing, and disposing of hazardous wastes such as corrosives, flammables, explosives, gasses, poisons, etc.

Developing a WAP forces you to consider three elemental questions, and the process by which you do so must be documented therein. In essence, these questions are:

• By what method did you determine the material under consideration to be a hazardous waste?
• How did you assay its specific nature compared to other wastes that require hazardous material disposal?
• And with careful regard to that nature, by what process did you determine how exactly the hazardous material must be handled?

Whoever designs your WAP must be trained in RCRA regulatory requirements and knowledgeable about waste characterization and its disposal. Also, he or she must know who establishes and enforces EPA hazmat regulations locally. Additional considerations abound. (See Q.13.)

For more information about Waste Analysis Plans, contact us today.

5. What is the EPA Toxic Release Inventory?

The Toxic Release Inventory (TRI) is a database of toxic chemical releases and hazardous waste management activities as reported to the EPA by specified industry groups and certain government facilities. It differs from other EPA efforts to regulate hazardous waste disposal, which typically set standards specifying how toxic materials must be handled.

Instead, the chief goal of the TRI program is to publicize the industrial management of toxic chemicals, regardless of whether your hazardous waste management is exemplary or substandard. The underlying strategy is that making the public aware of toxic substances in their midst will generate a commensurate incentive to make industrial chemical-users and toxic-waste generators follow the letter of the law.

The TRI program requires facilities that manufacture, process, or use significant amounts of toxic chemicals to report annually on their release into the environment, whether as solids, liquids, or vapor—whether planned or unplanned. The inventory publicizes these data, and it also includes information about toxic chemicals sent to hazardous waste disposal companies for further waste management.

For more information about the EPA Toxic Release Inventory, contact us today.

6. What does it mean for a hazmat container to be “RCRA Empty?”

When it comes to hazardous waste containers, what appears empty to you might not be considered so by the EPA.

Regulations defining whether hazmat containers are truly “empty” in the eyes of the EPA—and therefore exempt from hazardous waste disposal regulations—are detailed in the federal Resource Conservation and Recovery Act (RCRA). Thereby, in hazmat lingo, the question of import is whether or not a container is “RCRA empty.” (N.B. The cognoscenti pronounce “RCRA” as “rick-raw.” So, who needs vowels?)

The EPA prescribes three different “emptiness” standards that are necessary and sufficient to avoid hazardous material removal regulations. One is simply for “hazardous waste,” another for “acute hazardous waste,” and a third for “compressed gas hazardous waste.” Generally:

Liquids. The container is considered RCRA empty if no more than 2.5 centimeters (about an inch) of residue remains, or if it has been purged of all liquid waste “using appropriate methods.”

Non-liquids. The container is considered RCRA empty if no more than three percent (by weight) of the original contents remain in the container (or 0.3 percent for aerosol cans).

Aerosol cans. The can is considered RCRA empty if it’s punctured, drained, and thoroughly cleaned.

If there is any amount of hazardous waste remaining in a container beyond these limits, it’s not considered “RCRA empty” and therefore subject to hazardous waste regulations. (See source.)

For more information about “RCRA empty,” contact us today.

7. What are the recommended guidelines for hazmat-incident contingency plans?

Recognizing an unfolding hazmat incident should instigate a well-defined and rehearsed contingency plan, with all employees knowing what triggers its implementation.

The onset of a hazmat incident is not the time to begin a discussion about whether you’re actually experiencing one—be it major or minor. And the definition of that contingency shouldn’t be left to employees’ ad hoc interpretations of what’s occurring as things begin to unravel.

No matter how large or small your enterprise, you need to consider the environmental damage that might be caused by escaped hazardous materials that are supposed to be under your control—and for which you will ultimately be held legally and financially responsible, regardless of whether such a disaster is manmade (e.g., human error) or an Act of God (e.g., a tornado).

No matter how benign the potential effect, the possible release of any amount of hazardous material into the environment should thrust your contingency plan into motion. This is especially true if circumstances are going to attract attention from mainstream news media, which are prone to sensationalize anything having to do with hazardous waste.

For more information about hazmat-incident contingency plans, contact us today.

8. Can you treat hazardous waste without a treatment permit?

In general, any enterprise intending to engage in hazardous waste “treatment” is required to obtain a treatment permit from the EPA. Nonetheless there are certain exceptions wherein a treatment permit is not necessary.

Per the EPA, hazardous waste can be treated in tanks, containers, or containment buildings without obtaining a treatment permit so long as you comply with a number of “unit-specific requirements” cited in EPA regulation §262.34, with particular references to Part 265 (51 FR 10146, 10168; March 24, 1986). (Got that?)

That said, there are four specific activities that might not require your securing an EPA treatment permit. These are:

1. Adding absorbents
2. Treatments while accumulating
3. Incidental processing
4. Disassembling equipment

For more information about EPA treatment permits, contact us today.

9. Does the EPA Alcohol Exemption apply to my business?

Not all waste that incidentally contains alcohol necessarily requires hazardous material removal.

While EPA hazardous waste regulations stipulate that any aqueous solution with a flashpoint below 1400F is ignitable (and therefore requires hazardous waste management), this rule does not apply to aqueous solutions containing less than 24 percent alcohol.

Thus, if the waste is contaminated with a solution that is less than 50 percent water and/or more than 24 percent alcohol by volume, it requires hazardous waste removal because it would be prone to spontaneous combustion when compacted into a trash bin or garbage pail.

Conversely, if said waste is contaminated with a solution that is at least 50 percent water and less than 24 percent alcohol by volume, it can be disposed of in accordance with the applicable rules for solid waste.

Thus, bars and restaurants don’t have to worry about discarding cocktail napkins, worn bar rags, or frayed table napery that might be booze-soaked, so long as the booze in question is less than 48 proof and more than 50 percent water (48 proof = 24 percent alcohol).

For more information about the EPA Alcohol Exemption, contact us today.

10. What is the “Hazardous Waste Generator Improvements Rule?”

The Hazardous Waste Generator Improvements Rule of 2016 was an attempt by the EPA to simplify some regulations for hazardous waste generators, making such rules easier to understand, while providing greater flexibility for hazardous waste management.

However, by the EPA’s own account, these simplified rules featured more than 60 revisions and new provisions that impacted between 424,000 and 677,000 hazardous waste generator locations, affecting virtually all U.S. industries as well as many other commercial and government enterprises.

Basically, there were three main changes:

1. Very small quantity generators (VSQGs) producing 100 kilograms or less of hazardous waste per month could henceforth ship their waste to a large quantity generator (LQG) under the control of the same company. According to the EPA, this can reduce a company’s operating costs and environmental liability, encourage greater recycling efforts, and reduce the amount of VSQG hazardous waste being sent to municipal solid waste landfills.
2. It would henceforth allow a small quantity generator (SQG) or VSQG to keep its present generator status in the case of a non-routine event (instead of triggering more stringent generator regulations). According to the EPA, this can provide relief if, for example, a company generates an atypical amount of hazardous waste in a single month, as in the case of a product recall.
3. It mandated that additional information be provided about the dangers posed by a hazardous waste when it’s being accumulated onsite; as well as amended regulations about communicating such risks to workers, waste handlers, and emergency responders.

Be aware that the EPA corrected and clarified technical errors in approximately 50 sections of the hazardous waste regulations in 2023. (E.g., fixed typographical errors, incorrect citations, ambiguous language, and other “corrections.”) You can read all about it here, or better, get expert help & advice here.

For more information about the Hazardous Waste Generator Improvements, contact us today.

11. What are the requirements for mixing hazardous waste streams?

Consolidating the waste streams entering your accumulation areas is one obvious way to reduce your hazardous waste disposal costs. Consider:

• Combining compatible waste materials into larger shipping containers reduces the number of units you need to ship, lowering your handling and transportation outlays.
• The fewer containers you handle and transport, the fewer units there are to be inspected, which lowers your compliance liability (should one or more of them fail to meet regulatory guidelines).

Bear in mind, however, that waste stream consolidation is yet another area of hazardous waste management that demands expert consultation. This is because mixing one kind of waste haphazardly with another can generate dangerous chemical reactions—along with any number of applicable government fines and sanctions that will dwarf any potential savings you were hoping to achieve.

Some chemical constituents of hazardous waste shouldn’t be nearby each other—let alone in the same container—and not knowing which is incompatible with what can make for an unhappy surprise.

For more information about mixing waste streams, contact us today.

12. What is a delisting petition?

A “delisting petition” refers to the procedure the EPA dictates for removing a waste stream from its list of hazardous wastes—if such waste is proven to be effectively innocent of corrosivity, ignitability, reactivity, and/or toxicity. You (as a waste generator) must initiate this procedure.

The first step for developing your delisting petition is to determine which bureaucracy wields authority to review and approve it. It’s not unusual for such power to lie with your regional EPA office; there are ten of them throughout the US. However, in some areas of the country, one or another state regulatory agency might take precedence.

We advise asking your EPA regional lead contact about which regulatory body is alpha in your area. Whether it’s your regional EPA or a state bureaucracy, bear in mind that delisting requirements differ across EPA regional offices; and that each state imposes its own rules, procedures, and filing requirements. Understanding how these requirements might interact and impact your petition is crucial.

Paperwork notwithstanding, the lion’s share of your task will be to assay the characteristics and chemical composition of your waste stream so as to support your rationale for delisting it. Logically, when doing so, you’ll want to “position” your petition for the agency with primary jurisdiction.

For more information about delisting petitions, contact us today.

13. What are the educational requirements for an onsite hazardous waste manager?

While the academic requirements to become a hazardous waste manager vary across employers, in virtually all cases the minimum educational prerequisite is—or should be—an undergraduate degree.

Usually, that degree must be in chemistry or biochemistry, environmental science or engineering, waste management, or toxicology. And given the high legal, financial, and ethical stakes involved in hazardous material disposal, it is not atypical for private and public entities to require a graduate degree for those who aspire to hazardous waste management leadership.

Regardless of degree, the person you have in charge of disposing of hazardous waste must have job-specific training about how to handle and remove chemical, biohazard, and radioactive wastes safely.

For more information about EPA educational requirements for hazardous waste managers, contact us today.