CHAPTER 7 HAZARDOUS AND RECYCLED WASTE
7-1
CHAPTER 7
Hazardous and Recycled
Waste
This chapter describes the accumulation, tracking, and transport of hazardous
wastes from generation to ultimate disposal. It includes:
Guidelines for determining if a waste is Resource Conservation and Recovery
Act (RCRA) hazardous
Three categories of hazardous waste generators that are regulated according
to the amount of waste they generate monthly
A summary of the more lenient requirements for hazardous waste that is
recycled (such as used oil and universal waste)
The waste minimization certication requirement
7.1 Regulatory Background
The hazardous waste management program is continuously modied through
new regulations, policies, and congressional mandates. This chapter presents
an overview of some of the most complex regulations developed by the U.S.
Environmental Protection Agency (EPA).
In 1976, Congress passed RCRA because of the national problems with waste
disposal. Several goals of RCRA were to protect human health and the envi-
ronment, reduce waste, conserve energy and natural resources, and reduce
or eliminate the generation of hazardous waste as quickly as possible. To
satisfy the RCRA directive, EPA developed regulations for three categories of
hazardous waste handlers: generators, transporters, and treatment, storage,
disposal and recycle facilities (TSDRFs). This chapter presents an overview of
the regulations applicable to hazardous waste generators in Title 40 of the Code
of Federal Regulations, Parts 261 and 262 (40 CFR 261 and 262). If you manage
a TSDRF, there are additional requirements (for example, daily, weekly and
monthly inspections) that are not outlined in this chapter.
The framework of the hazardous waste regulations was developed for industrial
process waste. These regulations were not intended to regulate contaminated
media and other waste resulting from cleanups. EPA regulations for the man-
agement of contaminated media (soil and groundwater) and other remediation
waste took eect June 1, 1999. Most states have adopted the federal require-
ments for the management of hazardous remediation waste or their own more
stringent programs. Refer to
Chapter 8, Assessment and Cleanup
for more infor-
mation on site assessment and cleanup.
All generators of solid waste,
including fuel facilities, must
determine if any of their waste is
hazardous (40 CFR 262.11).
A solid waste is a hazardous
waste if it exhibits a characteristic
of a hazardous waste or is listed
as a hazardous waste (40 CFR 261
Subparts C and D).
Mixtures of solid and hazardous
wastes can still be hazardous
wastes (40 CFR 261.3(a)(2)(iv)).
Per 40 CFR 262, all large and
small quantity generators must:
– Get an EPA identication (ID)
number.
– Follow accumulation and storage
requirements.
– Meet pretransportation require-
ments of packaging, labeling,
and marking.
– Prepare for accidental releases.
– Use e-Manifest and land disposal
notication forms to track haz-
ardous wastes.
– Keep records and report data.
If you decide to discard or
dispose of your used oil, batteries,
uorescent lamps, or cathode
ray tubes rather than recycle
them, you may have to meet
more stringent hazardous waste
regulations (40 CFR 279.10, 40
CFR 273.1, and 40 CFR 261.4(a)
(22)).
The Law Says
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7.1.1 Hazardous Waste Determination
A hazardous waste is a discarded solid, semisolid, liquid, or contained gas that
can be described as follows:
Because of its quantity, concentration, or its physical, chemical, or infectious
characteristics, it poses a present or potential hazard to human health or the
environment when improperly treated, stored, transported, disposed, or other-
wise managed.
Examples of potentially hazardous wastes that may be generated at DLA Energy
facilities include tank-bottom sludge and wastewaters, unusable waste fuel, waste
solvent, waste paint (non-latex), sandblasting residue, mercury switches, uores-
cent bulbs, aerosol cans, used oil, spill cleanup residues, and expired chemicals.
Waste determination begins at the point the waste is rst generated. In the RCRA
regulatory framework, hazardous waste must rst be identied as solid waste.
The term solid waste refers to any discarded material (in a solid, liquid, semisolid,
or contained gaseous state) that is abandoned, accumulated, recycled, or inher-
ently waste-like (poses a threat to human health and/or the environment) (refer
to 40 CFR 261.2). A discarded material also can be a military munition identied
as a solid waste in 40 CFR 266 Subpart M.
You are responsible for determining if any solid waste generated at your facility is
hazardous by taking the steps listed in Exhibit 7−1.
EXHIBIT 7−1
Steps to Determine if Your Solid Waste is Hazardous
1. Verify if the waste is excluded from regulation under 40 CFR 261.4 and 261
Subpart E. If it is not
excluded, then go to Step 2.
2. Verify if the waste is listed as a hazardous waste in 40 CFR 261 Subpart D.
Continue to step 3.
3. Determine if the waste exhibits any of the characteristics identied in 40
CFR 261 Subpart C by either by:
Sending a sample of the waste to an accredited laboratory for testing according
to specic EPA
methods, or
Using your knowledge of the waste and how it was generated to determine
if it meets the
denition of characteristic hazardous waste.
4. Determine if it is one of the specic hazardous wastes that has been
exempted from regulation under 40 CFR 261.6 (refer to the Recycled
Hazardous Waste section later in this chapter).
For analytical testing services, DLA Energy has access to about 150 U.S. contract
laboratories through the DLA Installation Management for Energy. For more
information, call the Environmental Division at (571) 767−5482 (DSN 427).
EPA assigns four-character alphanumeric waste codes to specic hazardous
waste (for example, D001). All applicable hazardous waste codes must be
identied for each individual waste. The ow charts in Appendix 7−1 will help
you determine whether your waste is hazardous and what regulations apply to
your waste.
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7.1.2 Listed Hazardous Waste
EPA lists approximately 500 wastes that it considers hazardous to human health
or the environment. Listed hazardous wastes are those that appear on any
one of the following four lists contained in the RCRA regulations (40 CFR 261.30
through 261.33).
F-listed wastes commonly produced by various industrial processes and gener-
ated from non-specic sources, such as solvents used for cleaning and degreas-
ing (not process-specic).
K-listed wastes generated from industry-specic manufacturing processes (such
as wood preserving and petroleum rening). None of the K-listed wastes are
typically generated at fuel facilities.
P-listed wastes discarded or o-specication commercial chemical products
and resulting residues from containers and spills. This list is applicable to techni-
cally pure
-
grade chemicals once they are discarded, spent, or spilled. Note that if
there is another chemical in addition to the P-listed chemical in the product and
the P-listed chemical is not the sole active ingredient, then any waste product is
NOT a P-listed waste. The P-
listed wastes are called acute hazardous wastes (H)
or (AHW) and are more strictly regulated than other hazardous wastes.
U-listed wastes—also pure−grade discarded or o−specication commercial
chemical products, residues, and spills. The U-listed wastes are identied as toxic
wastes (T).
Any wastes that meet the listing criteria or mixtures of listed waste and other
waste generated at your facility are considered hazardous waste.
7.1.2.1 Hazardous Waste Characteristics
If a solid waste exhibits one or more of four physical or chemical properties
deemed hazardous to human health or the environment by EPA, it is a character-
istic hazardous waste (40 CFR 261.20 through 261.24). The four hazardous waste
characteristics are ignitability, corrosivity, reactivity, and toxicity.
Ignitability
A solid waste is ignitable if it can readily catch re and sustain combustion. A
liquid waste is ignitable if it has a ash point (the temperature at which combus-
tion occurs) of less than 140˚Fahrenheit (˚F). Examples of ignitable wastes include
oil-based paint wastes, non-halogenated degreasers, thinners and solvents
(petroleum distillates), stripping agents, epoxy resins, adhesives, rubber cements
and glues, and some waste inks. An ignitable waste is given the EPA Hazardous
Waste Number D001.
Corrosivity
A waste is corrosive if it is a liquid and dissolves metals and other materials, or
burns the skin or eyes on contact. Liquids with a pH of 2 or less, or 12.5 or more,
are corrosive. Examples of corrosive wastes include alkaline degreasers, corrosive
cleaning solutions, rust removers, waste acids, and bleach compounds (peroxide
and chlorine compounds). A corrosive waste is assigned the EPA Hazardous Waste
Number D002.
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Reactivity
A waste is reactive if it is normally unstable and undergoes rapid or violent
chemical reactions, such as catching re, exploding, or giving o fumes when
exposed to water or air. Examples of reactive wastes are bleaches and hypo-
chlorites from water treatment processes, areosol cans with pressure remaining,
lithium batteries, and discarded munitions or explosives. A reactive waste has
the EPA Hazardous Waste Number D003.
Toxicity
A waste exhibits the toxicity characteristic if it has concentrations of heavy metals
or certain organic compounds above specied levels (Appendix 7−2) that may
cause illness or death if inhaled, swallowed, or absorbed through the skin. Long-
term eects of a toxic waste on human health may include cancer, birth defects,
reproductive anomalies, brain and kidney damage, and diseases of the skin,
lungs, and heart. The analytical procedure used to determine if a waste is toxic is
the Toxicity Characteristic Leaching Procedure (TCLP).
Examples of toxic wastes are inks and sludges containing certain heavy metals,
batteries containing lead, certain pesticides, and paint wastes containing heavy
metals, such as chromium or lead. A toxicity characteristic waste has the EPA
Hazardous Waste Number that corresponds to the toxic contaminant causing it to
be hazardous (D004 through D043).
7.1.2.2 Mixtures
Nonhazardous wastes mixed with hazardous wastes become hazardous wastes
(with a few regulatory exceptions). Mixing nonhazardous waste with hazardous
wastes to dilute hazardous waste is not allowed. Mixing these types of wastes
simply creates a larger volume of hazardous waste to manage. Make sure you
separate nonhazardous and hazardous wastes.
7.1.3 Hazardous Waste Generators
Under RCRA, hazardous waste generators are classied according to how much
hazardous waste they generate in a calendar month. The three categories of
hazardous waste generators are:
Large quantity generators (LQGs)
Small quantity generators (SQGs)
Very small quantity generators (VSQGs)
Appendix 7−3
helps dene your generator category and compares requirements
for the three types of generators.
The following text summarizes generator categories and regulatory requirements
(see 40 CFR 260 and 262 for detail on large and small quantity generators). State
regulations can vary in the denitions and requirements for the three generator
categories. Be sure to check with your state hazardous waste program.
CHAPTER 7 HAZARDOUS AND RECYCLED WASTE
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7.1.3.1 Large Quantity Generators
LQGs generate 1,000 kilograms (kg) (about 2,200 pounds [lb] or ve 55-gallon
drums) or more hazardous waste per month, over 1 kg (2.2 lb) of AHW per month,
or over 100 kg of any residue or contaminated soil or debris resulting from an
AHW spill in a month.
7.1.3.2 Small Quantity Generators
SQGs generate over 100 kg (about 220 lb or half of a 55-gallon drum) but under
1,000 kg of hazardous waste per month, and accumulate no more than 6,000 kg
(about twenty-eight 55-gallon drums) at any one time. SQGs also generate no
more than 1 kg of AHW or 100 kg of AHW-contaminated debris per month and
may accumulate no more than 1 kg of AHW or 100 kg of AHW-contaminated
debris at any one time. If the quantity of hazardous waste you produce in a
month exceeds these limits, you become an LQG for that month and must meet
LQG requirements.
7.1.3.3 Very Small Quantity Generators
VSQGs generate no more than 100 kg of hazardous waste, no more than 1 kg of
AHW, and no more than 100 kg of any AHW-contaminated debris in a calendar
month. Special requirements for VSQGs are listed in 40 CFR 262.14. Though
exempt from full regulation, VSQGs must still:
Determine if any wastes generated are hazardous.
Accumulate no more than 1,000 kg of hazardous waste, 1 kg of AHW, or 100
kg of AHW-contaminated debris at any one time.
Treat or dispose of the hazardous waste or AHW in an on-site facility or
ensure delivery to an o-site commercial treatment or disposal facility. These
facilities must be one of the following:
• Permitted or interim status-permitted under RCRA;
• Permitted, licensed, or registered to manage municipal or industrial solid
waste;
• A large quantity generator under the control of the same person as the very
small quantity generator; or
• Recycling facilities.
If you are a VSQG and, at any time, accumulate over 1,000 kg of hazardous waste,
all of the accumulated waste is subject to SQG regulations. If you are a VSQG and
generate over 1 kg of AHW or 100 kg of AHW-contaminated debris in a month (or
accumulate over 1 kg of AHW or 100 kg of AHW-contaminated debris at any one
time), all quantities of the AHW are subject to LQG regulations.
7.1.3.4 Episodic Generation
SQGs and VSQG are allowed to maintain their existing generator category in the
event of planned or unplanned episodic generation (that is, generators do not
have to count hazardous waste managed as part of the episodic event when mak-
ing their monthly generator status determination) [40 CFR 262.13(c )(8)]). However,
notications, specic container marking and labeling, and recordkeeping are
required to use this exception (262 Subpart L – Alternative Standards for Episodic
Generation). In addition, a VSQG would be required to obtain an EPA ID number.
VSQGs do not have to get an EPA
ID number or use a manifest to ship
wastes, but some states (and trans-
porters) may require it.
Did You Know?
CHAPTER 7 HAZARDOUS AND RECYCLED WASTE
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7.1.4 Large and Small Quantity Generator Requirements
For the most part, the regulations that apply to LQGs also apply to SQGs. The only
regulatory relief given to SQGs is that several administrative and training require-
ments are not formally required.
7.1.4.1 EPA ID Number and Generator Status
As an LQG or SQG, you must get an EPA ID number. You cannot treat, store,
dispose of, or turn over for transport any hazardous waste without rst receiving
an EPA ID number. You also cannot deliver your waste to transporters or TSDRFs
that have not received an EPA ID number.
To obtain an EPA ID number, call or write your state hazardous waste agency or
EPA regional oce and ask for a copy of EPA Form 8700−12, Notication of RCRA
Subtitle C Activity Instructions and Form, or check online. Some states use a
dierent form than the EPA form, so contact your state agency rst. Also, you are
required to notify EPA of any changes to the information on the original notica-
tion form, including changes in the facility contact person named, waste codes
identied, and generator status (LQG, SQG, or VSQG).
7.1.4.2 Re-notication EPA ID Number and Generator Status
An LQG must re-notify EPA or authorized state by March 1 of each even-num-
bered year thereafter using EPA Form 8700-12 and may submit this renotication
as part of its Biennial Report required under 262.41.
An SQG must renotify EPA or authorized state starting in 2021 and every four
years thereafter using EPA Form 8700−12. This notication must be submitted by
September 1 of each year in which re-notications are required.
7.1.5 Accumulation of Wastes Without a Permit
Hazardous waste may be accumulated on-site prior to transportation and dispos-
al. However, RCRA regulations limit the period of accumulation.
7.1.5.1 Large Quantity Generators
As an LQG, you may accumulate hazardous waste for up to 90 days if you meet
the following requirements:
Proper storage – Comply with storage standards for containers and tanks,
including air emission standards. Note that the tank design requirements are
detailed and require Professional Engineer (PE) certication (see
Chapter 4,
Aboveground Storage Tanks and Containers
). Mark containers with the words
“Hazardous Waste,” the hazards of the waste, and the date accumulation
began. Conduct and document proper operating, maintenance, and
inspection procedures.
Preparedness and prevention – Operate and maintain your facility to minimize
the possibility of a re, explosion, or spill that could threaten human health
or the environment. The kind of wastes you store will determine the type
of equipment you need, such as communication devices, re control
equipment, and spill control and decontamination equipment.
CHAPTER 7 HAZARDOUS AND RECYCLED WASTE
7-7
Maintenance of adequate aisle space – Make sure you have enough room for
unobstructed movement of personnel or emergency equipment. Set up
prior emergency arrangements with the police, re department, emergency
response teams, and local hospitals.
Contingency plan and emergency procedures – Write a contingency plan
describing the actions personnel take in response to emergencies. Have
an Emergency Coordinator on-call at all times to implement the plan.
Refer to Chapter 1, Environmental and Emergency Response Planning.
Personnel training – Train all facility personnel in hazardous waste
management and emergency procedures, equipment, and systems. (Refer to
Chapter 10, Training
).
Closure – When the hazardous waste central accumulation areas are no
longer needed, close them in a manner that minimizes the need for further
maintenance and protects human health by controlling, minimizing,
or eliminating the escape of hazardous constituents to the ground,
surface water, or atmosphere. There are specic closure notications and
performance standards that must be met; see 40 CFR 262.17(a)(8). During
the closure period, all contaminated equipment, structures, and soil must
be properly disposed of or decontaminated. All hazardous waste generated
in the closure process must be handled in accordance with all applicable
requirements. As an LQG, if you store hazardous wastes for more than 90
days, you are considered a storage facility and need a costly and time-
consuming permit. But if your wastes are on-site for more than 90 days
under temporary and uncontrollable circumstances, you can request an
extension of up to 30 days from EPA or your state agency without becoming
a storage facility.
7.1.5.2 Small Quantity Generators
As an SQG, you can accumulate hazardous wastes on-site for up to 180 days
without a permit if you meet all of the following requirements:
Do not accumulate more than 6,000 kg on-site (13,200 lb or about twenty-
eight 55-gallon drums).
Accumulate wastes properly in containers or tanks marked with the words
“Hazardous Waste,” identify the hazards of the waste, and indicate the date
accumulation began.
Meet preparedness and prevention procedures outlined above for an LQG.
Have an Emergency Coordinator on-call at all times to implement the
contingency plan.
Chapter 1, Environmental and Emergency Response
Planning
.
Post basic safety information near the phone where hazardous waste is
stored, including phone numbers and locations of re and spill control
material.
Train employees in waste handling and emergency procedures (Refer to
Chapter 10, Training
).
CHAPTER 7 HAZARDOUS AND RECYCLED WASTE
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Note: If you are an SQG and must transport your waste over 200 miles for o-site
treatment, storage, or disposal, you may accumulate your waste on-site for 270
days or less without a permit if you meet the stated criteria.
As an SQG, if you accumulate hazardous waste for more than 180 or 270 days,
you are considered the operator of a storage facility and need a permit. Under
temporary, uncontrollable circumstances, EPA or your state agency may grant an
extension of up to 30 days beyond the 180- or 270-day period without becoming
a storage facility.
7.1.6 Satellite Accumulation
Federal regulations allow limited quantities of hazardous waste to accumulate at
or near the point of generation (called satellite accumulation areas [SAAs]) for
more than the 90- or 180-day periods specied previously, provided the wastes
are properly managed. At a SAA, generators are allowed to:
Up to 55 gallons of hazardous waste per waste stream (process generating
waste) or 1 quart of AHW at or near the point of generation, as long as the
container is generally visible to the person generating the waste.
Accumulate wastes in containers or drums that are in good condition; are
compatible with the material stored; are kept closed during accumulation
except to add, remove, consolidate waste, or, when venting the container
is necessary, prevent a dangerous situation; and are marked with the
words “Hazardous Waste” and other words that identify the hazard(s) of the
contents.
Once the 55-gallon or 1-quart limit has been reached, immediately mark the
container with the current date and transfer the waste within 3 days to a 90-day
(LQG) or 180
-
day (SQG) central accumulation area or o-site to a TSDRF. The 90- or
180-day accumulation period begins when the satellite accumulation container is
full and dated.
7.1.7 Inspections
LQGs and SQGs are required to inspect, at least weekly, areas in which hazardous
waste is accumulated (central accumulation areas: 90- or 180-day accumulation
areas). Curbs, diking, and concrete surfaces must be checked for signs of crack-
ing or deterioration. Containers must be inspected to ensure that they are not
leaking, that all containers are secured, and that they have lids and bungs tight
and in place. Results of the inspection must be documented, and the inspector is
responsible for making sure problems are corrected immediately. Although not a
federal or state requirement, generators may inspect SAAs on a weekly or month-
ly basis, refer to your site’s hazardous waste management plan.
LQGs and SQGs must inspect emergency systems and equipment near hazardous
waste accumulation areas to ensure proper operations during an accidental spill.
This consists of checking facility communications systems or alarm systems, re
protection equipment, spill control supplies, and decontamination equipment.
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7.1.8 Land Disposal Restrictions
Land disposal restriction (LDR) rules, found in 40 CFR 268, restrict the disposal
of hazardous wastes in landlls unless the waste meets certain treatment stan-
dards or a waiver has been obtained. Typically, the TSDRF treats the wastes before
placing them in the landll. If you are an LQG or SQG, you must send an LDR
notication or certication form with the initial shipment of the hazardous waste
to a specic TSDRF. In general, this form identies the proper treatment standard.
Many TSDRFs provide these forms, but it is the generator’s responsibility to make
sure the form is accurate and complete. If the waste, process, or receiving TSDRF
changes, another LDR notication is required.
If you choose to treat your waste on-site (for example, neutralization) to meet the
LDRs before sending the waste for disposal, you will also need to prepare and
comply with a waste analysis plan (40 CFR 268.7(a)(5)). Note that most hazardous
waste treatment requires getting a permit. Check with your state before treating
your waste at your installation. Note that most hazardous waste treatment re-
quires a permit. Check with your state before treating your waste at your facility.
7.1.9 Air Emissions
Air emissions from hazardous waste containers, tanks, equipment leaks, and
process vents are regulated under 40 CFR 265 Subparts AA, BB, and CC (40 CFR
265.1030− 1091). For most DLA Energy facilities, the requirements of 40 CFR
265 Subpart CC, Air Emissions Standards for Tanks, Surface Impoundments, and
Containers, will be most applicable. These Subpart CC regulations apply to haz-
ardous wastes with a volatile organic (VO) concentration of 500 parts per million
by weight (ppmw) at the point of generation. Gasoline and many solvents exceed
this VO threshold. The concentration of the VOs in the waste does not need to be
determined analytically; the facility can assume that the concentration exceeds
the 500 ppmw and implement the requirements.
Hazardous waste containers (such as drums) with a capacity greater than 26
gallons must:
Be a U.S. Department of Transportation (DOT)-approved container
Operate with no detectable organic emissions or be vapor tight
Have covers, lids, and closure devices for each opening that are in place at all
times (except when adding, removing, or consolidating waste)
Open-top containers can be used if they have an organic vapor-suppressing
barrier or foam over the VO material. In addition, containers could be vented to a
control device (such as a combustion unit or are) or in a building with a closed-
vent system to a control device. You must maintain records of the inspections and
the VO concentrations at your facility.
These regulations do not apply to containers used for satellite accumulation or
SQGs of hazardous waste.
There are similar air emissions control requirements for hazardous waste tanks;
see 40 CFR 265.1085 for specic requirements.
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7-10
7.1.10 Pre-transport Requirements
To ensure safe transportation of hazardous waste, EPA has adopted DOT hazard-
ous materials transportation regulations (see 49 CFR 171−180). The transporter
cannot accept hazardous waste for transport unless the waste has been properly
packaged, labeled, and marked and the transporter’s vehicle has been properly
identied with placards (signs), as noted in the following regulations:
Package all waste as specied in 49 CFR 173, 178, and 179.
Label each container as specied in 49 CFR 172 Subpart E. Generally, the label
is diamond-shaped and shows the hazard class of the waste.
Mark each package of hazardous waste as specied in 49 CFR 172 Subpart D.
As specied in 40 CFR 262.32, mark each container of 119 gallons or less with
the following words and information, according to the requirements of 49 CFR
172.304, either on the package surface or on a label or tag (see Exhibit 7−2).
EXHIBIT 7−2
Hazardous Waste Marking Requirements
HAZARDOUS WASTE —Federal Law Prohibits Improper Disposal. If found, contact
the
nearest police or public safety authority or the U.S. Environmental Protection Agency
.
Generator’s Name and Address
Generator’s EPA Identication Number
Manifest Tracking Number
EPA Hazardous Waste Codes ___________________________________________
Mark the transport vehicle with, or oer the initial transporter, the
appropriate placards as specied in 49 CFR 172 Subpart F. The design of these
placards is usually similar to the package labels.
7.1.11 Hazardous Waste Electronic Manifest (e-Manifest)
The hazardous waste electronic manifest (e-Manifest) is a national system for
tracking hazardous waste shipments electronically. Users of the e-Manifest will
need an EPA ID number and must register with e-Manifest.
The e-Manifest system allows for three types of hazardous waste manifest cre-
ation options:
Paper (generator, transporter, and receiving facility all sign on paper)
Hybrid (starts as paper manifest signed by the generator and then is signed
electronically by the transporter and receiving facility)
Electronic (created in e-Manifest and electronically signed by all entities listed
on the manifest)
The e-Manifest contains the following:
Name, address, and EPA ID number of your facility and the TSDRF receiving
the waste
CHAPTER 7 HAZARDOUS AND RECYCLED WASTE
7-11
Name and EPA ID number of the transporter(s)
Types, quantities, and packaging of waste being transported
Emergency contact information and procedures
If you are an LQG, you must certify on each manifest that your facility has a
hazardous waste minimization program in place and that you have selected the
most practical method of treatment, storage, or disposal to minimize the threat
to human health and the environment. If you are an SQG, you must certify that
you have made a good faith eort to minimize hazardous waste generation and
to select the best waste management method available.
To track the waste, the e-Manifest must be electronically signed each time the
waste is transferred (from your facility to a transporter, from transporter to
transporter, and from transporter to the designated facility). Your facility, each
transporter, and the designated facility should each keep a copy of the manifest
(some states also require a copy to be mailed to them). After the waste has
reached the designated facility, the owner or operator of that facility must send
an electronic copy to EPA. Generators are required to track their shipments in the
e-Manifest database to ensure their waste was received at the destination facility
in a timely fashion.
Note that in 2012, EPA issued a nal rule that modies the polychlorinated
biphenyl (PCB) management rules so that the inclusion of PCBs, which are not
considered RCRA hazardous wastes, on the waste manifest is consistent with
RCRA regulations.
7.1.12 Recordkeeping and Reporting
The three main recordkeeping and reporting requirements include:
Biennial reporting (sometimes annual or quarterly)
Manifest exception reporting
Records retention (inspections, reports, manifests, waste analyses, and land
disposal notices and certications)
7.1.12.1 Biennial Report
If you are an LQG that ships any hazardous waste o-site to a TSDRF, you must
submit a biennial report (every 2 years) to your state agency by March 1 of each
even
-
numbered year. The report covers your activities for the previous year and
includes the following:
EPA ID number, name, address, and other general and waste information for
your facility
Calendar year covered by the report
Each TSDRF to which waste was shipped during the year and each transporter
used
Description and volume of each hazardous waste shipped o-site
All hazardous waste received from a VSQG
Eorts to reduce the volume and toxicity of the waste generated, including a
comparison of the reductions against the previous years’ waste generated
On October 5, 2012, the Hazardous
Waste Electronic Manifest Estab-
lishment Act was signed into law,
paving the way for a nal electronic
manifest (e−Manifest) rule. The act
authorizes EPA to 1) develop an
electronic hazardous waste mani-
fest system and 2) impose user fees.
EPA required the use of the e-Mani-
fest on June 30, 2018.
Did You Know?
CHAPTER 7 HAZARDOUS AND RECYCLED WASTE
7-12
Note that some states require annual or even quarterly generator hazardous
waste reports.
Appendix 7-4
shows the state-specic hazardous waste reporting
requirements.
7.1.12.2 Manifest Exception Report
If you are an LQG and you do not nd a copy of the signed manifest from the
designated TSDRF in the e-Manifest database within 35 days of the date the
waste was accepted by the initial transporter, try to determine the status of the
hazardous waste shipment. If the signed manifest is not in the e-Manifest system
within 45 days of the date the waste was accepted by the initial transporter, you
must submit an exception report to your state agency. Include a copy of the
manifest and a letter explaining what you have done after 35 days to locate the
hazardous waste.
If you are an SQG and you do not nd a copy of the signed manifest from the
designated TSDRF in the e-Manifest database within 60 days of the date the
waste was accepted by the initial transporter, send a copy of the manifest and a
statement that conrmation of delivery was not received to your state agency.
7.1.12.3 Schedule for Keeping Records
Keep a copy of each biennial report (or in some states, the annual or quarterly
report) and exception report for at least 3 years from the due date of the report.
Keep records of any notices, certications, waste analyses data, and other haz-
ardous waste determination documentation for at least 3 years from the date
that the waste was last sent to an on-site or o-site TSDRF. Also, keep a copy of all
manifests until you receive a signed copy from the designated facility via e-Man-
ifest. The manifest from the designated facility must then be kept for at least 3
years from the date the waste was accepted by the initial transporter.
7.2 Recycled Hazardous Waste
The objectives of RCRA are “to promote the protection of health and the environ-
ment and to conserve valuable material and energy resources.” With these goals
in mind, EPA took several steps to encourage hazardous waste minimization and
to promote the reuse and reclamation of useful materials in a manner that is safe
and protective of human health and the environment. One step was to require
hazardous waste LQGs and TSDRFs to certify that they have a waste minimization
program in place that reduces the quantity and toxicity of hazardous waste
generated to the extent economically practicable.
Secondly, EPA wanted to provide incentives to reduce the amount of hazardous
waste needing disposal by encouraging recycling of certain hazardous waste in
a protective manner. Over the years, EPA published special management regu-
lations for select hazardous waste that are recycled. A material is recycled if it is
used, reused, or reclaimed. The process of recycling is still regulated by EPA to
protect against “sham” recycling operations. The recycling regulations in 40 CFR
261 are too complicated and too numerous to summarize in the guide, but a few
examples are noted below.
CHAPTER 7 HAZARDOUS AND RECYCLED WASTE
7-13
This section summarizes the less stringent regulations for recycled:
Hazardous Secondary Materials (40 CFR 260.43, 261.2 and 261.4)
Spent Lead Acid Batteries (40 CFR 266.80)
Universal Waste (40 CFR 273) (lead acid batteries also can be managed under
these rules)
Cathode Ray Tubes (40 CFR 261.39 and 261.40)
Used Oil (40 CFR 279)
Solvent-contaminated Wipes (40 CFR 260.10, 261.4(a)(26) and 261.4(b)(18))
Vendors who recycle waste must be certied by the state and should provide a
copy of the certication to the generator prior to sending waste to that vendor.
If these waste materials are not recycled, and they would otherwise meet
the denition of hazardous waste, they are subject to full hazardous waste
regulations.
7.2.1 Recycling Hazardous Secondary Materials
In 2008, EPA modied the denition of solid waste to encourage recycling of
certain secondary materials (for example, spent material, by-product, or sludge)
that would otherwise be hazardous waste if not being recycled. Generators have
to demonstrate that the recycling is legitimate by documenting that it produces
a valuable intermediate or nal product or ingredient and that it is recovered or
regenerated in the recycling process. Secondary materials can be legitimately
reclaimed on-site, recycled o-site by the same company, or recycled o-site
under a tolling agreement or contract between companies.
There are notication requirements and recordkeeping requirements that have
to be complied with if the exemption is being used. It is important that, if this
exemption is being used, compliance with the speculative accumulation storage
limits is not exceeded (that is, you are not just accumulating the material because
you don’t want to dispose of it). Not all states have adopted this exemption;
therefore, be sure to check your state regulations.
7.2.2 Spent Lead Acid Batteries
Lead acid batteries are usually collected and sent for recycling under the exemp-
tion found in 40 CFR 266.80. While being collected, lead acid batteries should be
kept o the oor and should be protected from weather so that you don’t have a
spill of battery acid.
If you collect your lead acid batteries and the battery vendor picks them up for
recycling or you transport the battery to the vendor for recycling, you need to
make sure the batteries are managed properly and sent to a facility that can treat
the batteries to meet the LDR standards.
CHAPTER 7 HAZARDOUS AND RECYCLED WASTE
7-14
7.2.3 Universal Waste
Certain commonly generated hazardous wastes are classied as universal waste
when recycled and can be managed under the more lenient universal waste
regulations (40 CFR 273). Universal wastes consist of:
Recalled and unused pesticides
Hazardous waste batteries (such as nickel-cadmium, alkaline, silver-oxide,
lithium, and nickel-metal hydroxide. Lead-acid batteries can also be recycled
under the universal waste rules)
Mercury-containing equipment (such as thermostats, barometers,
manometers, temperature and pressure gauges, and mercury switches)
Lamps (such as uorescent, neon, mercury vapor, high pressure sodium, high
intensity discharge, and metal halide)
Under these regulations, you must label, date, and store the universal wastes so
that they will not break or release material to the environment. Universal wastes
can be stored on-site for 1 year. Small quantity handlers can store no more
than 11,000 pounds (lb) (5,000 kg) of universal wastes; large quantity handlers
can store over 11,000 lb. Both small and large quantity handlers must record
the dates that the universal wastes are placed in storage and the dates that they
are transported o-site, along with a record of the o-site shipment. Generators
who store universal waste must notify their states of this activity using EPA
Form 8700−12.
7.2.4 Cathode Ray Tubes
Cathode ray tubes (CRTs) are vacuum tubes made primarily of glass. They are
part of the video display components of older model televisions and computer
monitors. EPA has determined that lead (along with mercury, cadmium, and arse-
nic) has been used in the manufacture of these CRTs. The lead in color monitors
has been shown to be at concentrations to make the CRTs hazardous waste. The
EPA established a conditional exclusion from the hazardous waste management
regulations for CRTs destined for reuse and recycling. Used or unused CRTs des-
tined for disposal would continue to be solid wastes, and likely hazardous wastes.
If they are hazardous waste, then LDRs for this waste would also be applicable.
Used CRTs from any source sent somewhere else for use “as is” or after minor
repairs, such as rewiring or replacing defective parts, are considered products
“in use” and are not wastes. However, to avoid sham recycling, used intact CRTs
stored for more than 1 year are regulated as hazardous waste.
Many CRTs that cannot be reused are sent for recycling, which consists of disas-
sembling them to recover valuable materials from the CRT, such as lead or glass.
Used, broken CRTs are not regulated as hazardous waste as long as they are:
Destined for recycling or undergoing glass processing
In containers clearly labeled regarding contents
Safely transported in containers designed to minimize releases
Stored in a building or container designed to minimize releases
Stored on-site less than 1 year before recycling them
CHAPTER 7 HAZARDOUS AND RECYCLED WASTE
7-15
Processed glass from used CRTs is also excluded from the denition of solid waste
if it is sent to a glass manufacturer for recycling or to a lead smelter, provided
the glass is stored at your facility for less than 1 year and it has not been placed
outdoors on the ground.
If your facility is classied as a VSQG, the requirements for CRTs do not apply to you.
Check your state regulations to see if they have adopted this rule or have dier-
ent requirements.
7.2.5 Used Oil
Used oil includes oils rened from crude and synthetic oil. It covers lubricating oils,
engine oils, transmission and hydraulic uids, gear oils, water-soluble cutting oil
(known as oil coolants), and electrical oils. In 1992, because of improper disposal of
used oil on the ground, in water, or into sewers, EPA established used oil manage-
ment standards in 40 CFR 279 to encourage recycling of used oil. These regulations
establish specic storage, tracking, and handling requirements for used oil that is
recycled in any manner. Burning as a fuel (for example, in cement kilns and indus-
trial boilers) and re-rening are the two major methods for recycling.
Other examples of used oil managed under the management standards include:
Mixtures of used oil with fuels or other fuel products. However, if the used oil
is mixed on-site with diesel fuel for use in your own vehicles, it is not subject
to used oil regulations once it is mixed
Used oil produced on vessels during normal operations once it is transported
ashore. If you accept used oil from a vessel, you are a co-generator of the
used oil, and both you and the vessel’s owner or operator are responsible for
properly managing the waste
Materials containing or otherwise contaminated with used oil that are
burned for energy recovery
Wastewater that contains de minimis quantities (for example, from small leaks,
spills, or drippings) of used oil are exempt from these standards.
Used oil destined for recycling is regulated under 40 CFR 279, regardless if it is
a characteristic hazardous waste. Some oil may exceed hazardous waste toxicity
characteristic limits because they contain additives that are hazardous constit-
uents or metals, such as arsenic, barium, chromium, zinc, and lead. You will be
required to manage your used oil as a hazardous waste if:
It exhibits a hazardous waste characteristic and is destined for disposal
(instead of recycling).
It is intentionally mixed with hazardous waste (for example, mixed with
solvents).
It contains more than 1,000 part per million (ppm) total halogens (for
example, chlorinated compounds). At that concentration, it is presumed
to be hazardous waste by EPA. Generators may rebut this presumption by
demonstrating that the used oil does not contain hazardous waste (waste
codes F001 or F002) or only contains small quantities of the halogenated
hazardous constituents in 40 CRF 261 Appendix VIII.
CHAPTER 7 HAZARDOUS AND RECYCLED WASTE
7-16
7.2.5.1 Used Oil Storage
In addition to the requirements outlined below, used oil generators must com-
ply with all applicable Spill Prevention, Control, and Countermeasure (SPCC)
requirements (40 CFR 112), as well as underground storage tank (UST) standards
(40 CFR 280) for used oil that is stored in underground tanks. Refer to
Chapter
3, Underground Storage Tanks
and
Chapter 4, Aboveground Storage Tanks and
Containers
for more information.
Proper storage – Store used oil in tanks or containers that are in good
condition and marked with the words “Used Oil.” Other materials should not
be mixed with used oil.
Spill response – Stop, contain, and clean up any release of used oil not subject
to the UST release response requirements. Repair or replace any leaking used
oil storage containers or tanks before returning them to service.
Secondary containment – Make sure used oil containers have secondary
containment, such as a dike or curb, to hold 10% of the contents of all the
containers or 100% of the contents of the largest container, whichever is
greater. If stored outside, the containment must have added capacity for
rainfall (for example, 24-hour, 25-year storm).
7.2.5.2 Transportation Requirements
You may not deliver your used oil to transporters who have not obtained an
EPA ID number. You may transport your own used oil without an EPA ID number
provided the following requirements are met:
Transport the used oil in a company-owned or employee-owned vehicle.
Transport no more than 55 gallons of used oil at any one time.
Deliver the used oil to a used oil collection center that is registered, licensed,
permitted, or recognized by a state or local government to manage used oil.
You may transport, without an EPA ID number, used oil generated at your facility
to an aggregation point that you own or operate provided you transport it in a
company-owned or employee-owned vehicle and you transport no more than 55
gallons at any time.
7.2.5.3 Disposal of Non-recyclable Used Oil
Used oils that cannot be recycled must be properly disposed of. Used oil may not
be used as a dust suppressant. Hazardous used oils must be managed in accor-
dance with the hazardous waste management requirements. Non-hazardous
used oils that cannot be recycled must be disposed of at an appropriate solid
waste disposal facility. In some states, non-hazardous used oil is banned from
being disposed of as a solid waste in municipal landlls.
Materials contaminated with used oil (such as rags, wipes, and absorbent ma-
terials) are to be managed under the used oil standards if they are still dripping
with oil. If the material no longer contains free-owing used oil, you need to
determine if it is a hazardous waste. Test the material, or use your knowledge of
the material and type of oil, to determine whether it exhibits a hazardous waste
characteristic (primarily, the toxicity characteristic for metals or benzene). If it
is deemed hazardous, it must be handled as a hazardous waste. If the rags or
CHAPTER 7 HAZARDOUS AND RECYCLED WASTE
7-17
materials are not hazardous, they may be sent to a municipal landll depending
on your state requirements.
7.2.5.4 Used Oil Filters
EPA prefers that used oil lters be recycled once they are properly drained. Many
used oil lters are excluded from the hazardous waste regulations if they are
hot-drained, which means they are drained near engine operating temperatures
or above 60˚F. Filters can be hot-drained using one of the following methods:
Gravity draining – Puncture the lter’s anti-drain valve or dome end and allow
to drain.
Crushing – Squeeze out the used oil and compact the remaining lter
material.
Disassembly – Separate the lter into its dierent parts (metal canisters,
rubber gaskets, and paper lter).
Other equivalent methods – Such as using air pressure to force the oil out of
the lter.
Filters should be stored in covered, rainproof containers. Drained, used oil lters
can usually be recycled in several ways. For instance, the entire lter can be
burned for fuel or the dierent components can be recycled separately. Some
steel mills and scrap metal recyclers may also accept the lters as feedstock.
Terne-plated oil lters are included within EPA’s hazardous waste regulations and
can be recycled. Terne is an alloy of tin and lead. The lead in the terne plating
makes the lter a characteristic hazardous waste.
7.2.6 Solvent-contaminated Wipes
Rags, shop towels, absorbent pads, swabs, and other materials contaminated
with certain hazardous waste solvents (for example, F-listed solvents or wipes
exhibiting the ignitability characteristic) used as wipes are conditionally excluded
from the hazardous waste regulations provided you clean or launder them or
dispose of them properly.
To be excluded as hazardous waste, wipes must be:
Managed in non-leaking, closed containers labeled “Excluded Solvent-
Contaminated Wipes.”
Sent for cleaning or disposal within 180 days from the date of initial
accumulation in the container, and the wipes or container cannot contain
free liquids when being sent for cleaning or disposal.
Sent for reuse to a laundry or dry cleaner that is regulated by the Clean Water
Act (CWA) if they have wastewater discharges.
Sent for disposal to a permitted municipal waste landll or a combustion
facility regulated by the Clean Air Act (CAA).
Free liquids may be removed from the wipes by any number of methods, such
as screen-bottom containers, mechanical wringing, centrifuging, or vacuum
extraction.
CHAPTER 7 HAZARDOUS AND RECYCLED WASTE
7-18
A test method called the Paint Filter Liquids Test (EPA Method 9095B) may be
used to determine if solvent-contaminated wipes contain no free liquids. Free
liquids removed from the wipes or the container holding the wipes must be
properly managed as hazardous waste or recycled, as applicable.
The following documentation is required to be maintained at your facility for 3
years from each shipment:
Name and address of the laundry, dry cleaner, landll, or combustion facility
Evidence that the 180-day accumulation time limit is being met (log sheets,
regularly scheduled pickup arrangements, initial accumulation dates on
container labels,
Description of the process used to meet the “no free liquids” condition
Wipes that contained listed hazardous waste other than solvents, or exhibit a
hazardous waste characteristic of reactivity, corrosivity, or toxicity due to contam-
inants other than solvents, are not eligible for the exclusion. In addition, wipes
sent for o-site disposal that contain trichloroethylene are not exempt and are
considered hazardous waste.
Note that exclusions and exemptions from the hazardous waste regulations may
not be available in all states. State hazardous waste programs may be stricter
than the federal rules. Always check your state rules to see if they adopted this or
any other exemption.
7.3 Hazardous Waste Minimization
By signing a hazardous waste manifest and submitting the annual, biennial,
or quarterly report, the generator certies that there is a waste minimization
program in place. EPA issued guidance in 1993 describing the elements of a
hazardous waste minimization program. This consists of:
Preparing a written waste minimization policy and plan
Establishing explicit and achievable goals and tracking system
Training and recognizing employees
Exchanging technical information, ideas, and strategies
Allocating the cost of waste management to the activity that generated the
waste
Be sure to check with your state hazardous waste program to see if they have
additional waste minimization requirements.
Promoting reuse, recycling, and reclamation of hazardous waste, if properly con-
ducted, can avoid environmental hazards, protect scarce natural resources, and
reduce the nation’s reliance on raw materials. The following pollution prevention
(P2) or waste minimization options must be considered in your hazardous waste
minimization program:
Recycling
Material substitution
Engineering controls
Best management practices (BMPs)
CHAPTER 7 HAZARDOUS AND RECYCLED WASTE
7-19
7.3.1 Recycling
Recycle unusable fuel, used oil, sludges, and other materials if possible. Specic
suggestions include:
Re-rene unusable fuel and oil to virgin specication so it can be reused as
motor oil and fuel. You may want to re-rene at an o-site recycling program
through a broker or directly with a re-rening facility.
Drain used oil lters and recycle in several ways: the entire lter can be
burned; scrap metal recyclers may accept lters as feedstock, etc.
Return bulk petroleum, oil, and lubricants (POL) facility lters to the
manufacturer to be recycled. Check with your state regulations to make sure
this is not considered treatment, and coordinate any such eorts with the
lter manufacturer.
Burn used fuel, that is not up to specication for use in aircraft or
automobiles, in generators or industrial heaters rather than disposing of it as
a waste. Generators and heaters can typically burn many types of fuel (such
as diesel, JP−8, or JP−4).
7.3.2 Material Substitution
To reduce the amount of hazardous waste to be disposed, substitute appropriate
materials for sandblast residue, absorbent material, and parts-cleaning solvents.
Sandblast residue − Use latex paints to replace oil-based paints. This reduces
the amount of hazardous sandblast residue because, unlike oil-based paints,
most latex paint waste can be disposed of as non-hazardous waste.
Absorbent material − Use large rolls of absorbent pads. Tear o only the
amount needed and use the pads until they no longer absorb the spilled
material. Because they absorb more and weigh less than other absorbents,
such as vermiculite, pads are cheaper to ship o-site after use.
Parts-cleaning solvents − Use environmentally friendly parts-cleaning
solvents and recycle parts-cleaning solvents when possible.
7.3.3
Engineering Controls
Use engineering controls, such as downstream blending of fuel system icing
inhibitor (FSII), self-supporting geodesic domes on tanks, and improved oat-
ing-roof seals to reduce or eliminate FSII in tank-bottom wastewater.
7.3.4 Best Management Practices
Use BMPs to reduce the amount of hazardous waste you generate:
Good housekeeping − Maintain a clean and orderly work environment
to reduce the possibility of accidental spills caused by mishandling of
equipment and materials.
Visual inspection − Perform routine visual inspections of the facility to uncover
conditions that could cause discharge of hazardous waste. Look for signs of
leaks, corrosion, or other deterioration of all containers that store hazardous
waste.
CHAPTER 7 HAZARDOUS AND RECYCLED WASTE
7-20
Employee training − Provide training in hazardous waste management, waste
minimization, and P2 to personnel who handle, or are routinely exposed to,
hazardous waste. (Refer to
Chapter 10, Training
).
Storage container handling − Always handle, open, and store a container with
POL or hazardous waste so the container cannot leak or break.
Waste handling precautions include the following:
Check for the maximum allowable storage temperatures for wastes on Safety
Data Sheets (SDSs) or waste prole data.
Use extreme caution when operating forklifts or other heavy equipment
around waste accumulation and storage points.
7.4 State Requirements
Most state agencies (with the exception of Iowa and Alaska) have received
authorization from EPA to administer hazardous waste programs. Some states
have adopted the federal program outright while others have developed their
own programs that are more stringent or broader in scope than the federal
requirements. It is critical for you to check your state hazardous waste regulations
because of the regulatory variability. Refer to
Appendix E
for a list of state agency
contacts. Below are some examples where states have stricter and diering
requirements than EPA.
7.4.1 Waste Identication
Some state agencies may identify certain waste types as hazardous, special
waste, or industrial waste that would not necessarily be identied and
regulated as such under the federal program. In California, wastes that kill
sh, PCB wastes, oily wastes, and friable asbestos are hazardous waste.
California, Texas, and Washington have a denition for solid corrosive
hazardous waste. Washington regulates persistent hazardous waste
(halogenated compounds and polycyclic aromatic hydrocarbons [PAHs]).
Some other states that regulate additional wastes include Colorado, Illinois,
Indiana, Maine, Maryland, Michigan, Missouri, New Hampshire, Oregon,
Rhode Island, South Carolina, Utah, and Vermont. Always check with your
state agency for regulations relating to waste.
States can also use diering terminology. For example, Washington uses
the terminology of “dangerous” and “extremely hazardous,” and regulates
“persistent” and a more broadly dened “toxic” waste. In Washington, 50% of
the hazardous (dangerous) waste generated is state-only hazardous waste.
Some states may have used oil regulations stricter than federal requirements.
In California, used oil is a hazardous waste even when it is recycled. Be aware
of both your state and federal requirements and abide by the most stringent
regulations.
7.4.2 Generator Categories
Washington regulates generators of between 100 and 1,000 kg per month
as “medium” quantity generators and calls generators of less than 100 kg
per month small quantity generators. Other states, such as Kansas, Maine,
State Requirements
CHAPTER 7 HAZARDOUS AND RECYCLED WASTE
7-21
Maryland, Massachusetts, Minnesota, New Hampshire, Rhode Island, and
Washington, have generator classes that vary from the federal denitions of
the generator categories. California has a “silver-only generator” status for
generators of only silver who must comply with the VSQG regulations. Kansas
requires VSQGs to use state-certied laboratories. Also, some states (such as
Kansas and West Virginia) require VSQGs to get state ID numbers.
There are no VSQG exemptions in some states, such as New York, Nevada,
Missouri, Montana, Maine, and Connecticut.
7.4.3 Recordkeeping and Reporting
Refer to
Appendix 7-4
for a summary of state-specic hazardous waste
reporting frequencies.
Some states require that the Form 8700−12, RCRA Subtitle C Identication
Form, be updated annually and submitted with the biennial or annual
hazardous waste report or on a regular schedule. In addition, some states
(such as Alabama, New Jersey, and Iowa) charge a fee to process Form
8700−12.
Some states, such as California, Maine, Maryland, Rhode Island, South
Carolina, Utah, Vermont, and Washington, have additional requirements
regarding the use of the manifest, such as state-specic waste codes and
requirements that stipulate copies must be submitted to the state agency.
Note that some states require hazardous waste records to be kept for longer
than 3 years. For instance, Washington requires generators to keep manifest
records for 5 years.
California, New York, Kansas, New Jersey, Washington, and other states
require payment of annual hazardous waste generator management fees.
7.4.4 Waste Accumulation
Some states, such as Alabama, have detailed generator storage area closure
requirements in their regulations.
Alabama’s satellite accumulation regulations have a safety exemption for the
“located near the point of generation” requirements if storage of a waste at or
near the point of generation is unsafe. This means the waste can be placed in
a location that might not be visible but is quickly and easily accessible to the
operator generating the waste.
Some states, such as California, Florida, Minnesota, and Texas, do not allow oil
lters to be placed in landlls.
7.4.5 Recycled Hazardous Waste
Note that some states have additional wastes that they regulate as universal
waste, such as aerosol cans (California and Colorado), antifreeze (Louisiana
and New Hampshire), CRTs (Maine, New Hampshire, and Rhode Island),
electronics (Arkansas, Louisiana, Connecticut, Michigan, and Nebraska), or
paint waste (Texas). In addition, Montana has additional requirements for the
treatment of electronic lamps. Contact your state agency to determine what
is regulated in your state.
CHAPTER 7 HAZARDOUS AND RECYCLED WASTE
7-22
In California, non-functioning CRTs are hazardous waste and cannot be
disposed of in municipal landlls. California does not exempt CRTs from
VSQGs. CRTs in California that are donated for continued use as monitors or
televisions are not identied as hazardous waste.
The state of Washington requires separate P2 plans for LQGs, excluding
commercial TSDRFs (remember that hazardous waste is called dangerous
waste in Washington).
Alaska, Iowa, Idaho, Illinois, New Jersey, Pennsylvania, U.S. territories, and
tribal lands have adopted the hazardous secondary materials exemption.
7.5 For More Information
For Information On… See…
Waste-Related Agencies
EPA Oce of Solid Waste
www.epa.gov/epawaste/index.htm
EPA Hazardous Waste Home Page
www.epa.gov/wastes/hazard/index.htm
Sector-specic Compliance
Assistance Centers (that address
real-world issues in under-
standable language for you to
understand federal environmental
requirements and how
to save
money through pollution preven-
tion techniques)
https://www.epa.gov/compliance/compliance-
assistance-centers
EPA Used Oil Management Program
https://www.epa.gov/hw/managing-used-oil-
answers-frequent-questions-businesses
Universal waste
https://www.epa.gov/hw/universal-waste
Electronic waste
www.epa.gov/wastes/conserve/materials/ ecycling
Cathode ray tubes
https://www.epa.gov/hw/cathode-ray-tubes-crts-0
Documents and References
RCRA Orientation Manual, EPA
(introductory information on the
solid and hazardous waste man-
agement programs under RCRA)
https://www.epa.gov/hwgenerators/resource-
conservation-and-recovery-act-rcra-orientation-
manual
Hazardous Waste Generator
Regulations: A
User-Friendly
Reference document, Version 6 −
August 2012
https://www.epa.gov/hwgenerators/hazardous-
waste-generator-regulations-user-friendly-reference-
document
RCRA Tools and Resources
https://www.epa.gov/rcra/resource-conservation-
and-recovery-act-rcra-tools-and-resources
Hazardous waste minimization
− Guidance to Hazardous Waste
Generators on the
Elements of a
Waste Minimization Program: 58
Federal Register 31114−31120. May
28, 1993.
https://nepis.epa.gov/Exe/ZyPURL.
cgi?Dockey=10001D8P.TXT
RCRA online database (to locate
documents,
including publications
and other outreach materials that
cover a wide range of RCRA issues
and topics)
https://rcrapublic.epa.gov/rcraonline/
For More Information
CHAPTER 7 HAZARDOUS AND RECYCLED WASTE
7-23
7.6 Action Items
Ite
m
Date
Started
Date
Completed
N/A Comment(s)
Identify all routine and
non-routine wastes generated
at
your facility and character-
ize
them as either hazardous
or
non-hazardous through
testing or knowledge.
Calculate the amount of
hazardous waste generated
monthly and meet the
requirements for your
gener-
ator category (LQG,
SQG, or
VSQG).
Train your sta in the proper
management of hazardous
waste on an ongoing basis
and on ways they can mini-
mize pollution generation in
their daily activities.
Inspect your central accumu-
lation areas weekly to ensure
that the wastes are
fully
contained while in storage.
Properly mark, label, and iden-
tify the hazards of the waste
on the
containers and tanks
that you use for hazardous
waste
storage.
Make sure a professional
engineer evaluates any tank
systems used for hazardous
waste storage.
Use a Hazardous Waste
Manifest or e-Manifest for
all shipments of hazardous
waste from the
facility. Take
action if your disposal facility
fails to submit a copy of the
manifest to EPA that docu-
ments the
nal disposal of the
waste.
Maintain adequate
pre-
paredness and prevention
measures,
including adequate
communications capability,
re-ghting equipment, and
other emergency response
equipment. Prepare and im-
plement a Hazardous Waste
Contingency Plan if you are
an LQG.
Manage universal waste
properly (storage, labeling).
Action Items
CHAPTER 7 HAZARDOUS AND RECYCLED WASTE
7-24
Ite
m
Date
Started
Date
Completed
N/A Comment(s)
Mark your used oil tanks
and containers with
the words “Used Oil,”
ensure that
secondary
containment is in place,
and ensure that you are
recycling your used oil at
a facility that is permitted
to receive it.
Maintain detailed records
of your waste manage-
ment
activities, including
waste
characterizations,
manifest
activities,
training records,
and
self-inspections.
Evaluate all materials that
move through your site
on a life cycle basis. Ensure
that
only those materials
that will minimize pollu-
tion are
brought on-site
(for example,
selecting
non-lead paint
coatings to
prevent future
generation
of hazardous waste).
CHAPTER 7 HAZARDOUS AND RECYCLED WASTE
7-25
Appendix 7−1 Hazardous Waste Determination Overview
Appendix 7−2 Hazardous Waste Toxicity Characteristic
Regulatory Limits
Appendix 7−3 Hazardous Waste Generator Requirements
Appendix 7−4 State and U.S. Territory Hazardous Waste
Reporting Frequency
CHAPTER 7
Appendices
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CHAPTER 7 HAZARDOUS AND RECYCLED WASTE
7-27
Appendix 7-1: Hazardous Waste Determination Overview
Solid waste may include solid, semi-solid, liquid, or contained gas.
Answer this question by evaluating the following questions:
Mixtures containing listed wastes and residues from treating, storing, or disposing liquid wastes may
also be hazardous.
The material is not
subject to some
of all of the RCRA
hazardous waste
requirements
Regardless of whether the answer to Question 3 is “yes” or “no,” you must proceed to Question 4.
Mixtures containing characteristic wastes and residues from treating, storing, or disposing characteristic
wastes are hazardous if they exhibit a characteristic.
If the waste meets the denitionof hazardous waste, classif it using all applicable listed and
characteristic waste codes and manage it according to applicable regulations.
There are over 60 exemptions and exclusions in RCRA. however,
some states may not have adopted all of them.
Answer this question by evaluating the lists of hazardous waste in 40 CFR 261.31-33.
Answer this question by evaluating the four hazardous waste characteristics in 40 CFR 261.21-24.
F-list: F001-F039
Ignitability: D001 Corrosivity: D002 Reactivity: D003 Toxicity: D004-D043
K-list: K001-K178 P-list: P001-P205 U-list: P001-U411 Any state-listed wastes?
Is the material aban-
doned by being:
Thrown away;
Burned or incinerated; or
Accumulated, stored, or
treated before, or in lieu
of, being thrown away,
burned, or incinerated?
Is the material in-
herently waste-like
because it is:
A dioxin waste being
recycled, or
A secondary material
fed into a halogen-
acid furnace?
Is the material a spent material, sludge, by-product, or scrap
metal as dened in §261.1(c) or a commercial chemical prod-
uct dened in §261.33, and is it being recycled by being:
Used in a manner constituting disposal;
Burned for energy recovery used to produce a fuel;
Reclaimed, or
Speculatively accumulated?
The material may be a solid waste based on evaluation of
Table 1 in §261.2(c).
If the material is not a solid waste, is cannot be a hazardous waste and
is not subject to any RCRA hazardous waste requirements. You can stop.
If the material is a solid waste, proceed to Question 2.
1. Is it a solid waste?
2. Is it exempt?
3. Is it listed?
4. Is it characteristic?
yes
no
CFR = Code of Federal Regulations
RCRA = Resource Conservation and Recovery Act
Source: 40 CFR 261
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CHAPTER 7 HAZARDOUS AND RECYCLED WASTE
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Appendix 7-2: Hazardous Waste Toxicity Characteristic
Regulatory Limits
TCLP Regulatory Limit
Metals mg/L µg/L EPA HW #
Arsenic 5.0
5,000
D004
Barium 100.0
100,000
D005
Cadmium 1.0
1,000
D006
Chromium 5.0
5,000
D007
Lead 5.0
5,000
D008
Mercury 0.2 200 D009
Selenium 1.0
1,000
D010
Silver 5.0
5,000
D011
Pesticides
Chlordane 0.03 30 D020
Endrin 0.02 20 D012
Heptachlor (and its epoxide) 0.008
8
D031
Lindane 0.4 400 D013
Methoxychlor 10.0
10,000
D014
Toxaphene 0.5 500 D015
Herbicides
2,4−D 10.0
10,000
D016
2,4,5−TP (Silvex)
1.0
1,000
D017
VOCS
Benzene 0.5 500 D018
Carbon tetrachloride 0.5 500 D019
Chlorobenzene 100.0
100,000
D021
Chloroform 6.0
6,000
D022
1,2−Dichloroethane 0.5 500 D028
1,1−Dichloroethylene 0.7 700 D029
Methyl ethyl ketone (2−Butanone) 200.0
200,000
D035
Tetrachloroethylene 0.7 700 D039
Trichloroethylene 0.5 500 D040
Vinyl chloride 0.2 200 D043
CHAPTER 7 HAZARDOUS AND RECYCLED WASTE
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TCLP Regulatory Limit
SVOCs mg/L µg/L EPA HW #
o−Cresol (2−Methylphenol)
200.0
200,000
D023
m−Cresol (3−Methylphenol)
200.0
200,000
D024
p−Cresol (4−Methylphenol)
200.0
200,000
D025
Total cresols 200.0
200,000
D026
1,4−Dichlorobenzene 7.5
7,500
D027
2,4−Dinitrotoluene 0.13 130 D030
Hexachlorobenzene 0.13 130 D032
Hexachloro−1,3−butadiene 0.5 500 D033
Hexachloroethane 3.0
3,000
D034
Nitrobenzene 2.0
2,000
D036
Pentachlorophenol 100.0
100,000
D037
Pyridine 5.0
5,000
D038
2,4,5−Trichlorophenol 400.0
400,000
D041
2,4,6−Trichlorophenol 2.0
2,000
D042
Source: 40 CFR 261.24, Table 1
EPA HW# = The Hazardous Waste Number or code assigned by EPA to wastes with chemical concen-
trations above the specied limit.
µg/L = microgram per liter
mg/L = milligram per liter
SVOC = Semivolatile Organic Chemical
TCLP = Toxicity Characteristic Leaching Procedure
VOC = Volatile Organic Chemical
CHAPTER 7 HAZARDOUS AND RECYCLED WASTE
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Appendix 7-3: Hazardous Waste Generator Requirements
Requirement
1
Citation in 40 CFR VSQG SQG LQG
Determination of whether waste is hazardous
261 Subpart B Required Required Required
Delivery of waste to permitted TSDRF
262.20 Required Required Required
Quantity limit generated per month:
Hazardous waste
262.13 100 kg or less 100 kg − 1,000 kg 1,000 kg or more
Acute hazardous waste
AHW-contaminated debris
262.13
1 kg or less
100 kg
1 kg or less
100 kg
Over 1 kg
Unlimited
On-site accumulation limit:
Hazardous waste
Acute hazardous waste
AHW-contaminated debris
262.13
262.14
262.16
1,000 kg
1 kg
100 kg
6,000 kg
1 kg
100 kg
Unlimited
Unlimited
Unlimited
Storage time without a permit
262.13
262.14
262.16
262.17
90 days acute waste
180 days or less (270
days or less for 200
miles or more)
180 days or less (270
days or less for 200
miles or more)
90 days or less
EPA ID number
262.18 Not required Required Required
Manifest
262 Subpart B
(262.20−27)
Not required Required Required
Container management
262.16 Not required Required Required
Tank systems
262.16
261.17
Not required Required Required
Air emission standards for tanks and
containers
265 Subpart CC
(265.1080−.1091)
Not required Not required Required
Hazardous waste label and identify the
hazards of the waste
262.16
262.17
Recommended Required Required
Accumulation date label
262.16
261.17
Recommended Required Required
Packaging, labeling, marking, and placarding
requirements
262 Subpart C
(262.30−.35)
Not required Required Required
Preparedness and prevention
262 Subpart M Not required Required Required
Contingency plan
262.17 Not required Not required Required
Emergency procedures
262.16
262.17
Not required Required Required
Personnel training
262.16
262.17
Not required Required Required
Closure
262.17 Not required Not required Required
Reporting requirements:
Biennial report
Exception report
262.41
262.42
Not required
Not required
Not required Required
> 60 days
Required
Required > 45 days
Recordkeeping requirements: Manifests and
LDR notice
Biennial report (or annual or quarterly)
Exception report
Waste analysis
262 Subpart D
Not required
Not required
Not required
Not required
3 years
Not required
Not required
3 years
3 years
3 years
3 years
3 years
Land disposal restriction notice 268.7(a) Not required Required Required
VSQG=Very Small Quantity Generator, CFR=Code of Federal Regulations, LQG=Large Quantity Generator, SQG=Small Quantity Generator,
TSDRF=Treatment, Storage, and Disposal Facility, AHW = Acute Hazardous Waste, LDR = Land Disposal Restriction
1
Check with your state agency to determine if their requirements are more stringent than federal regulations.
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CHAPTER 7 HAZARDOUS AND RECYCLED WASTE
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Appendix 7-4: State and U.S. Territory Hazardous Waste Reporting
Frequency
Annual Hazardous Waste Report
(may include the biennial report
and
plus another state required
report in
alternating years)
Biennial Hazardous Waste Report Other Reporting Frequency
Arizona
Alabama New Hampshire (quarterly
manifest report)
Arkansas Alaska South Carolina (quarterly report)
California
Colorado Oklahoma (quarterly manifest
report)
Delaware Connecticut
District of Columbia Florida
Georgia Hawaii
Guam Iowa
Idaho Kansas
Illinois Maryland
Indiana Massachusetts (recyclers report annually)
Kansas Nebraska
Kentucky Nevada
Louisiana New Mexico
Maine North Carolina
Michigan North Dakota
Minnesota Ohio
Mississippi Pennsylvania
Missouri Rhode Island
Montana South Dakota
New Hampshire Utah
New Jersey Vermont
New York Virginia
Oklahoma West Virginia
Oregon Wyoming
Tennessee Commonwealth of Northern Mariana Islands
Texas Puerto Rico
Washington United States Virgin Islands
Wisconsin American Samoa
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