Requirements for Hazardous Waste Generators in Michigan
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Requirements for Hazardous Waste Generators in Michigan



One of my two presentations at the 2012 Michigan Safety Conference. The presentation is a basic (I only had one hour) summary of the MI Department of Environmental Quality (MDEQ) regulations ...

One of my two presentations at the 2012 Michigan Safety Conference. The presentation is a basic (I only had one hour) summary of the MI Department of Environmental Quality (MDEQ) regulations pertaining to the generation and on-site management of hazardous waste.



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  • Consolidated waste codes can be used by transporter for a “milk run” where they are collecting LIW from multiple sites on one manifest.

Requirements for Hazardous Waste Generators in Michigan Requirements for Hazardous Waste Generators in Michigan Presentation Transcript

  • Hazardous Waste in Michigan @DanielsTraining 1 REQUIREMENTS FOR HAZARDOUS WASTE GENERATORS IN MICHIGAN A very brief summary of the steps to identify and comply with the applicable regulations for the generation of hazardous waste in the State of Michigan. And how to avoid the 9 Common Waste Generator Violations found by the MDEQ.
  • Hazardous Waste in Michigan @DanielsTraining 2PRESENTED BY: Daniels Training Services 815.821.1550 A different kind of training.
  • Hazardous Waste in Michigan @DanielsTraining 3 A LITTLE BACKGROUND It‟s important to understand the basis for the regulations and what agency enforces them.
  • Hazardous Waste in Michigan @DanielsTraining 4 Regulatory Agencies• USEPA regulates environmental protection nationwide.• Approved State programs may be more stringent and more broad.• In Michigan: The MI Department of Environmental Quality (MDEQ).
  • Hazardous Waste in Michigan @DanielsTraining 5 Why are Michigan Regulations so Strict? The State of Michigan lies entirely within theGreat Lakes Watershed.
  • Hazardous Waste in Michigan @DanielsTraining 6What is Cradle to Grave? CERCLA: Comprehensive RCRA: Resource Environmental Response, Conservation & Recovery Act Compensation & Liability Act• Hazardous waste is • Used to clean-up regulated by RCRA… abandoned sites • Point of generation contaminated with (ie. “Cradle”). hazardous • Transportation substances. (ie. “to”). • Includes hazardous • Final disposal waste and list @ 40 (ie. “Grave”). CFR 302.4.
  • Hazardous Waste in Michigan @DanielsTraining 7 HAZARDOUS WASTE DETERMINATION Think of it as a process you must go through for every waste you generate.
  • Hazardous Waste in Michigan @DanielsTraining 8Generators Must Complete aHazardous Waste Determination• Sole responsibility of the generator.• Generators are “required to be correct”.• Must be documented & records maintained 3 years.• Determination may be based on (1) testing or (2) knowledge-based.1. If testing, use EPA-approved test methods.2. Knowledge-based determination may include: • Process knowledge – includes MSDS‟s. • Waste analysis data from other facilities.
  • Hazardous Waste in Michigan @DanielsTraining 9Is it a Waste?• Any discarded material. • Garbage or trash. • Industrial waste. • Residential waste. • Food waste. • Containers & packaging. • For US EPA it‟s “Solid Waste”.
  • Hazardous Waste in Michigan @DanielsTraining 10Two Types of Hazardous Waste 1. Characteristic 2. Listed• Must exhibit the • Identified by: characteristics • Specific process. defined. • Non-specific process.• Usually determined by • Technical name. testing. • Usually knowledge- based.• Michigan has state- • Michigan has state- specific characteristic specific listed hazardous waste. hazardous waste.
  • Hazardous Waste in Michigan @DanielsTraining 11Listed Hazardous Waste• F-Codes: • Non-specific sources. • Spent solvents, WWT sludge from plating, etc. • No Michigan only F-codes.• K-Codes: • Specific sources. • Petroleum refining, primary metal processing, etc. • Additional Michigan only K-codes.
  • Hazardous Waste in Michigan @DanielsTraining 12Listed Hazardous Waste• P & U Codes: • Discarded commercial chemical products, off- specification species, container residues, and spill residues thereof as sole active ingredient. • Additional Michigan only U–codes.
  • Hazardous Waste in Michigan @DanielsTraining 13Use Care When Managing Listed Waste The Mixture Rule The Derived From Rule• If any quantity of listed • Residues derived from waste is mixed with treating a listed any other waste, all hazardous waste are becomes listed waste. a listed hazardous waste.
  • Hazardous Waste in Michigan @DanielsTraining 14Characteristic Hazardous Waste• Ignitable (D001): • Liquid with flashpoint <140˚F. • Flammable solid. • Others.• Corrosive (D002): • Aqueous with pH ≤2 or ≥12.5, and/or • Liquid that corrodes steel at defined rate. • Can‟t be a solid.
  • Hazardous Waste in Michigan @DanielsTraining 15Characteristic Hazardous Waste• Reactive (D003): • Unstable under normal conditions. • Water reactive. • Explosive.• Toxic (D004 – D043): • Poisonous to living organisms. • Based on leachability of sample.
  • Hazardous Waste in Michigan @DanielsTraining 16Michigan – Specific CharacteristicHazardous Waste• Severely Toxic (001S – 007S): • Severely toxic to living organisms. • Unlikely at most businesses. • Dioxins and Furans.
  • Hazardous Waste in Michigan @DanielsTraining 17Is it Excluded by Regulation?• Federal regulations at 40 CFR 261.4 allow for exclusion from full regulation.• Exclusions also allowed HAZARDOUS for “legitimate” recycling. WASTE • OK: Use or reuse. • Maybe OK: Reclaim.• Michigan does not recognize all of these exclusions.
  • Hazardous Waste in Michigan @DanielsTraining 18Michigan Exclusions (not inclusive)• WWT to POTW. • Laundered rags.• Recycling if approved • Permitted dredge by MDEQ. spoils.• Universal waste. • Materials in out-of-• Lab samples. service processes.• Used oils for recycling. • Empty container• Off-spec fuel recycled residue. as fuel.• Precious metal recovery.
  • Hazardous Waste in Michigan @DanielsTraining 19Liquid Industrial Waste1. Fails the paint filter test. “Or if the waste is thinner than butter at ≤100˚F.”2. Is not exempt per Part 121 of Act 451.3. Is not regulated as a hazardous waste.• Must use applicable liquid industrial waste code. To the Great Lakes…
  • Hazardous Waste in Michigan @DanielsTraining 20Liquid Industrial Wastes
  • Hazardous Waste in Michigan @DanielsTraining 21LIW Requirements• No label required.• No on-site accumulation time limits.• Closed except when adding or removing waste.• No waste on outside of containers.• Managed to prevent discharge to soil, ground and surface water, or drain.• Protected from vandals, weather, fire, & physical damage.• Use Uniform Hazardous Waste Manifest.
  • Hazardous Waste in Michigan @DanielsTraining 221. WASTE DETERMINATION VIOLATIONS INCLUDE: 1. Failing to properly identify all the hazardous waste generated at the business. Commonly overlooked wastes include, but is not limited to, partially empty aerosol cans, electric lamps, electronic equipment, batteries,antifreeze, rags and other textiles, sorbents, spent paint filters, spent activated carbon filter media, & sand blasting residue. 2. Failing to have waste evaluations documented and keep records for at least 3 years. 3. Managing universal waste incorrectly.
  • Hazardous Waste in Michigan @DanielsTraining 23 HAZARDOUS WASTE GENERATOR STATUS The requirements of regulatory compliance depends upon your hazardous waste generator status
  • Hazardous Waste in Michigan @DanielsTraining 24Hazardous Waste Generator Status1. Large Quantity Generator (LQG) generates: • ≥1,000 kg hazardous waste/month. • ≥1 kg acute or severely toxic hazardous waste/mo.2. Small Quantity Generator (SQG) generates: • >100 kg <1,000 kg hazardous waste/month. • ACCUMULATE ≤6,000 kg hazardous waste.3. Conditionally Exempt Small Quantity Generator (CESQG) generates: • ≤100 kg hazardous waste/month. • ≤1 kg acute or severely toxic hazardous waste/mo. • ACCUMULATE <1,000 kg hazardous waste.
  • Hazardous Waste in Michigan @DanielsTraining 25 PREVENTING AND PREPARING FOR EMERGENCIES Michigan largely follows the Federal rules for preparation and prevention of emergencies. Requirements differ based on your generator status.
  • Hazardous Waste in Michigan @DanielsTraining 26 Hazardous Waste Emergencies Small Large Quantity Quantity Generator Generator Preparedness Preparedness and Prevention and Prevention AND Contingency Plan
  • Hazardous Waste in Michigan @DanielsTraining 27Emergency Preparedness & Prevention• Attempt arrangements w/ local emergency services.• Internal & external emergency communication.• Fire suppression, spill control, & decon equipment.• All required equipment must be tested and maintained.• Personnel must have immediate access to internal alarm or emergency communication device.• Must maintain aisle space to allow for unobstructed movement of personnel and equipment to any area of the facility (24” to 36”).
  • Hazardous Waste in Michigan @DanielsTraining 28Small Quantity GeneratorRequirements: • Post emergency response information. • ID one employee available for coordinating emergency response.
  • Hazardous Waste in Michigan @DanielsTraining 292. EMERGENCY PLANNING VIOLATIONS INCLUDE: • Small Quantity Generators: 1. Missing, outdated, or incomplete emergency posting information by telephones. 2. Failing to make arrangements with outside organizations, such as fire department, police, hospitals, local emergency planning committees, etc., that you would need to call if an emergency occurred.
  • Hazardous Waste in Michigan @DanielsTraining 30Hazardous Waste Contingency Plan• Arrangements agreed to by local authorities, emergency response contractors, and equipment suppliers.• Phone numbers of local authorities & contractors.• Emergency coordinator‟s address & phone (office and home).• Up to date list of emergency equipment & capabilities.• Evacuation plan and directions.• MDEQ Emergency & Contingency Plan guide.
  • Hazardous Waste in Michigan @DanielsTraining 31 3. EMERGENCY PLANNING VIOLATIONS INCLUDE:• Large Quantity Generators:1. Missing current written Contingency Plan2. Missing, outdated, or incomplete emergency coordinator and information including addresses and home phone numbers3. Missing list of emergency equipment and description of its capabilities4. Missing facility map with location of emergency equipment5. Failing to include an evacuation plan.6. Failing to mail plan to local emergency responders.7. Failing to keep documentation that outside organizations were contacted.
  • Hazardous Waste in Michigan @DanielsTraining 32Spill Reporting• For releases that have the potential to harm the air, water, land, or life in the community.• Pollution Emergency Alert System (PEAS) – 800.292.4706 (w/i MI) or 517.373.7660 (outside MI).• MDEQ Spill Reporting guide.
  • Hazardous Waste in Michigan @DanielsTraining 33 HAZARDOUS WASTE CONTAINER MANAGEMENT Proper container management is the way to prevent spills and DEQ violations.
  • Hazardous Waste in Michigan @DanielsTraining 34Hazardous Waste ContainerManagement• Keep containers closed except when adding or removing waste.• Label: “Hazardous Waste” & hazardous waste number.• Label must be visible.• Include date of accumulation: • 1st moment waste enters container. • Date container is full, if in Satellite Accumulation Area.
  • Hazardous Waste in Michigan @DanielsTraining 35Hazardous Waste ContainerManagement • Container in good condition. • No waste on outside of container. • Container compatible with waste. • Separate incompatible materials.
  • Hazardous Waste in Michigan @DanielsTraining 364. CONTAINER VIOLATIONS INCLUDE: 1. Listing incorrect or incomplete information on hazardous waste labels. • Missing the accumulation date. • Missing the words "Hazardous Waste“. • Missing the hazardous waste number. 2. Failing to keep the containers closed, except when waste is added or removed. • Leaving funnels in place that are not screwed into bung & can„t be kept closed. 3. Failing to have appropriate US DOT placards available for transporters.
  • Hazardous Waste in Michigan @DanielsTraining 37 HAZARDOUS WASTE ACCUMULATION AREAS DEQ requires containment for hazardous waste and liquid hazardous waste beyond the Federal requirements.
  • Hazardous Waste in Michigan @DanielsTraining 38Waste Accumulation Areas Federal Michigan• Inspect weekly: DEQ • Protect from vandals, form. fire, & weather. • Every 7 days. • Prevent release to soil, • Includes holidays and ground and surface shutdowns. water, or drain.• Don‟t exceed time • Prevent release in limits: violation of State‟s • LQG = 90 days. fugitive air emissions • SQG = 180 days. rule.
  • Hazardous Waste in Michigan @DanielsTraining 39Secondary Containment• Impervious base, free of cracks.• Designed to protect containers from spilled/accumulated liquids.• Containment for single largest container or 10% of total volume, whichever is greater.• Prevent run-on. For SQG w/ >1,000 kg liquid• Designed to remove hazardous waste or accumulated liquids. LQG w/ any liquid hazardous waste
  • Hazardous Waste in Michigan @DanielsTraining 405. WASTE ACCUMULATION AREA VIOLATIONS INCLUDE:1. Failing to conduct weekly inspections. Missing or incomplete written documentation of inspections by Large Quantity Generators.2. Exceeding the allowable on-site accumulation time frame for hazardous waste.3. Having inadequate space or aisle width to properly inspect containers and for emergency personnel access.4. Failing to have labels visible for inspections.5. Leaving containers exposed to weather or vandals.6. Lacking or inadequate secondary containment including: • Lacking or inadequate resistant coating and having cracked surfaces on secondary containment, • Lacking or inadequate squirt protection, and • Failing to have containers elevated or base of containment sloped to drain or sump, when required.
  • Hazardous Waste in Michigan @DanielsTraining 41 SATELLITE ACCUMULATION OF HAZARDOUS WASTE The satellite accumulation regulations give you a break from some of the requirements for hazardous waste.
  • Hazardous Waste in Michigan @DanielsTraining 42Satellite Accumulation Areas• Volume restrictions: • ≤55 gallons of hazardous waste. • ≤1 quart of acute hazardous waste. • ≤1 quart of severely toxic hazardous waste.• Container requirements: • “Hazardous Waste” • Hazardous waste number or chemical name. • Other “basic” container requirements.
  • Hazardous Waste in Michigan @DanielsTraining 43Satellite Accumulation Areas1. At or near the point of generation.2. Under the control of the operator of the process that generated the waste.3. When full: 1. Final closure. 2. Date container was full. 3. 3 days to move to Central Accumulation Area. 4. 90 or 180 day limit begins.• No time limit for on-site accumulation while in SAA.
  • Hazardous Waste in Michigan @DanielsTraining 446. SATELLITE ACCUMULATION VIOLATIONS INCLUDE:1. Missing the words "Hazardous Waste" on container.2. Missing the hazardous waste number or chemical name that identifies the contents on container.3. Exceeding the allowable volume for each satellite site.4. Failing to keep the container at or near the point of waste generation. Lacking operator control of the process that generates the waste.5. Failing to keep satellite containers closed, except when waste is added or removed.6. Not listing the date the satellite container(s) reaches the 55 gallons limit & failing to manage it under all of the applicable hazardous waste accumulation area requirements within the allowable timeframe.
  • Hazardous Waste in Michigan @DanielsTraining 45 UNIVERSAL WASTE A “de-regulation of some hazardous waste at the Federal level and in Michigan. Be aware of your requirements.
  • Hazardous Waste in Michigan @DanielsTraining 46Federal Universal Wastes• Electric lamps.• Batteries.• Mercury-containing devices.• Recalled or cancelled pesticides.
  • Hazardous Waste in Michigan @DanielsTraining 47Michigan Universal Wastes• Antifreeze.• Consumer electronics.• Pharmaceuticals.
  • Hazardous Waste in Michigan @DanielsTraining 48Universal Waste Management Containers Accumulation• Kept closed. • One year of on-site• Good condition. accumulation.• Compatible with • Longer if solely to waste. facilitate disposal, if• Managed to prevent obtain permission leaks or release. from MDEQ.• Specific labeling requirements.
  • Hazardous Waste in Michigan @DanielsTraining 49 Universal Waste – Handler Status Small Quantity Handler Large Quantity Handler Accumulate <5,000 kg Accumulate >5,000 kg • No EPA ID #. • Need EPA ID #. • Inform employees of • Ensure all employees thoroughly familiar proper handling and with proper waste emergency handling and procedures. emergency procedures. • May send UW to • Must send UW to destination facility or destination facility. LQH.
  • Hazardous Waste in Michigan @DanielsTraining 50 USED OIL Another “de-regulation” but with a catch: It is also a Liquid Industrial Waste (LIW).
  • Hazardous Waste in Michigan @DanielsTraining 51 Used Oil Management• Oil, oil filters, oil-soaked rags.• Synthetic or petroleum.• Manage in tanks & containers only.• Label: “Used Oil”.• Otherwise manage as LIW.
  • Hazardous Waste in Michigan @DanielsTraining 52 7. USED OIL VIOLATIONS INCLUDE:1. Failing to label used oil containers and tanks with the words "Used Oil“.2. Failing to keep the containers closed, except when waste is added or removed. • Leaving funnels in place that are not screwed into bung and do not have the capability of being kept closed.3. Leaving containers exposed to weather or vandals.4. Failing to analyze and retain total halogen testing records for used oil.5. Failing to have records of liquid industrial waste, including used oil, that was shipped with a consolidated manifest.6. Failing to use manifest, when required, for liquid industrial waste shipments.7. Failing to have a copy of manifest signed by designated facility.8. Failing to send manifest copies to appropriate state agencies within the applicable timeframe.9. Using wrong generator identification number on manifests.
  • Hazardous Waste in Michigan @DanielsTraining 53 REPORTING REQUIREMENTS Make sure you are in compliance with the DEQ reporting requirements.
  • Hazardous Waste in Michigan @DanielsTraining 54Reporting Requirements MI Site ID Form Hazardous Waste (EQP5150) Report• Must be used to • Due March 1st of even document facility‟s: year for previous year. • Generator status. • LQG‟s only. • Wastes generated. • Should receive forms • Ownership. in mid-February.• Both initial and • Report instructions. subsequent.• Form & Directions.
  • Hazardous Waste in Michigan @DanielsTraining 55 TRAINING OF HAZARDOUS WASTE PERSONNEL DEQ and US EPA agree on this one: You must annually train all hazardous waster personnel at an LQG. Some training for SQG‟s as well.
  • Hazardous Waste in Michigan @DanielsTraining 56Training Requirements LQG SQG• Initial w/i 180 days of • “Ensure facility employment. personnel are• Annual review. thoroughly familiar• Program directed by with proper waste trained personnel. handling and• Trained to perform job emergency in compliance with procedures, relevant regulations. to their• Document correctly. responsibilities…”
  • Hazardous Waste in Michigan @DanielsTraining 578. TRAINING VIOLATIONS INCLUDE:1. Missing or incomplete documented records of required training for Large Quantity Generators. • Missing job title. • Missing job description. • Missing employee name.2. Missing written training description for Large Quantity Generators.3. Failing to have Large Quantity Generator employees trained annually.4. Using other emergency training programs required by other regulations, including videos or seminars, which do not have a portion clearly devoted to the hazardous waste requirements and does not cover the facility‟s contingency plan.
  • Hazardous Waste in Michigan @DanielsTraining 58 THE UNIFORM HAZARDOUS WASTE Required nationwide since 9.5.06. There are Federal and State requirements you must follow.
  • Hazardous Waste in Michigan @DanielsTraining 59Uniform Hazardous Waste Manifest• Must use for: • Hazardous waste from LQG & SQG. • Used Oil from all generators. • Liquid Industrial Waste from all generators. • PCB‟s from all generators.• Hazardous waste from CESQG does not require manifest. However, if it is a LIW, then manifest and hazardous waste codes required.
  • Hazardous Waste in Michigan @DanielsTraining 60Ensure Correct Information onManifest• Generator US EPA ID #.• Emergency phone number.• Emergency response information.• US DOT Proper Shipping Description.• Correct hazardous waste codes, up to six (6). 1. Federal waste codes. 2. State waste codes. 3. Liquid Industrial Waste codes.• Generator‟s verification signature.
  • Hazardous Waste in Michigan @DanielsTraining 61Ensure Correct Distribution &Recordkeeping• Signed copy (page 1 preferred) to MDEQ before 10th day of month following the shipment.• Signed copy from designated facility returned to generator. If not… • w/i 35 days for all generators, all wastes: contact designated facility for your copy. • w/i 45 days for LQG or any LIW: send exception report to MDEQ. • w/i 60 days for SQG hazardous waste: send exception report to MDEQ.• Ensure out-of-state TSDF sends copy of manifest to MDEQ.
  • Hazardous Waste in Michigan @DanielsTraining 62 LAND DISPOSAL RESTRICTIONS aka: LDR or Landban. Be aware of your requirements as a generator of hazardous waste.
  • Hazardous Waste in Michigan @DanielsTraining 63 Land Disposal Restrictions for Hazardous Waste• Established treatment standards for some hazardous waste prior to land disposal.• Generator responsibility: 1. Determine applicable LDR‟s for their waste. • Differs from waste determination. 2. Provide signed LDR or LandBan to TSDF. 3. Maintain signed copy of LDR/LandBan. 4. Update only if changes to waste.
  • Hazardous Waste in Michigan @DanielsTraining 64 9. RECORDKEEPING VIOLATIONS INCLUDE:1. Failing to have a copy of manifest signed by designated facility within the applicable timeframe.2. Failing to send manifest copies within the applicable timeframe to the MDEQ; and if sending to an out of state TSDF, failing to send manifest copies to both the MDEQ and the other state agency.3. Using wrong generator ID # on manifests or other reports.4. Missing or incorrect waste codes or USDOT descriptions on manifests.5. Missing copy of EPAs biennial hazardous waste report.6. Missing land disposal restriction (LDR) notification and waste analysis documents7. Missing or incomplete information on the LDR documents.8. Listing LDR information that is inconsistent with waste characterization.
  • Hazardous Waste in Michigan @DanielsTraining 65Landfill Bans• Used oil • Sewage• Whole tires • Uncrushed empty• Liquid waste drums• Returnable beverage • Asbestos (check w/ containers landfill)• Lead acid batteries • Low level radioactive• Yard clippings waste• Medical waste • PCB‟s (check w/ landfill)
  • Hazardous Waste in Michigan @DanielsTraining 66For More Information• Michigan Guide to Environmental, Health, and Safety Regulations (June 2010).• Recycled Materials Market Directory (RMMD).• Disposal of Michigan wastes by type.• MDEQ waste generator instructional webinars.• MDEQ guide to manifest requirements.• MDEQ waste statutes and rules.• USEPA regulations.
  • Hazardous Waste in Michigan @DanielsTraining 67Got QuestionsAbout RCRA?or HazMatTransportation?Annual HazardousWaste PersonnelTraining.AndTriennial HazMatEmployee Training.Openenrollment Daniels Training Servicesor on-site. 815.821.1550