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HazWaste 101


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Presented by Nabil H. Yacoub, Ph.D., DTSC in partnership with California Resource Management Association

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HazWaste 101

  1. 1. Hazardous Waste Management Standards In California- An Overview Training Nabil H. Yacoub, Ph.D. Senior Environmental Scientist (specialist) California Environmental Protection Agency Department of Toxic Substances Control 714-484-5389
  2. 2. Topics 1. What Makes a Waste Hazardous? 2. What are the requirements as a Hazardous Waste Generator? 3. How to prepare for hazardous waste Shipment? 4. What if I treat my hazardous waste onsite? 5. What if I recycle my hazardous waste? 6. What are the Universal Waste Rules standards? 7. Inspection & Enforcement DTSC 2
  3. 3. Objectives At the conclusion of this training, you should: • Have a general understanding of the definition of waste, hazardous waste, and basic hazardous waste classification. • Know HW generators requirements • Understand the transportation of Hazardous Waste requirements • Be aware of special requirements for recyclers • Be able to determine if a treatment is eligible for Tiered Permitting • Understand the inspection & enforcement concepts • Build knowledge and skills to navigate and apply California's unique hazardous waste regulations to your site's wastes, activities, and off-site shipments • Identify new or updated RCRA rules coming soon to California • Learn to avoid costly fines for hazardous waste compliance mistakes in California which are now as high as $70,000 per day, per violation. • Know where to go for more information  This is Not an attempt to cover everything DTSC 3
  4. 4. Any Problem! DTSC 4
  5. 5. DTSC 5
  6. 6. DTSC 6
  7. 7. DTSC 7
  8. 8. Most Common Violations 1.Tank standards: Failure to prepare a written hazardous waste tank system assessment certified by an independent, qualified, professional engineer registered in California, and failure to reassess hazardous waste tank systems as required by regulations. 2.Secondary containment: Failure to provide adequate secondary containment for tanks and containers. 3.Incompatible wastes: Failure to segregate incompatible wastes. 4. Unauthorized treatment: Many facilities perform certain activities that are considered “treatment” under current law, such as the rinsing of filters contaminated with plating bath residues. These treatment activities require a permit or grant of authorization. 5. Waste analysis plan: Failure to prepare a written waste analysis plan and maintain waste analysis records for all hazardous wastes treated onsite under Permit by Rule (PBR). 6. Training: Failure to adequately train employees that manage hazardous wastes, and failure to maintain their training records. 7. Wet floor: Failure to clean up spilled hazardous plating chemicals from the floor of the facility. 8. Labeling: Failure to correctly label containers and tanks that are used to hold hazardous wastes. DTSC 8
  9. 9. Data compiled by Cal EPA for fiscal year July 1, 2017 – June 30, 2018 Most Common Violations from CUPAs database 1. Improperly labeled hazardous waste containers (violation count – 6,199) 2. Failure to obtain and/or maintain ID number (violation count – 3,243) 3. Failure to maintain manifest copies (violation count – 2,437) 4. Failure to properly close hazardous waste containers when not in use (violation count – 1,868) 5. Failure to properly label & manage used oil filters (violation count – 1,838) DTSC 9
  10. 10. Hazardous Waste Laws & Regulations FEDERAL : Statute: Chapter 42, United States Code (Resource Conservation and Recovery Act or RCRA) (on line at Regulations: Title 40, Code of Federal Regulations (40 CFR) Parts 260 to 299 (on line at STATE : Health and Safety Code (HSC): Statute passed by the Legislature. Section references start with 25XXX. HW found in Division 20, Chapter 6.5 ( Title 22, California Code of Regulations (22 CCR): Regulations adopted by DTSC. Section references start with 66xxx or 67xxx ( - Title 27, California Code of Regulations (27 CCR) Section references start with 15XXX Includes Unified Program Information Standards, with: Unified Program Consolidated Form Unified Program Data Dictionary DTSC 10
  11. 11. Summary of Regulatory Laws & Regulations DTSC 11
  12. 12. Title 22 California Code of Regulations (CCR); Division 4.5. Environmental Health Standards for the Management of Hazardous Waste : Contents • Chapter 10 – General Scope and Definitions • Chapter 11 - Identification and Listing of Hazardous Wastes • Chapter 12 - Standards Applicable to Generators of Hazardous Waste • Chapter 13 - Standards Applicable to Transporters of Hazardous Waste • Chapter 14 - Requirements for Permitted Facilities • Chapter 15 - Requirements for Interim Status Facilities • Chapter 16 - Requirements for Recyclable Wastes • Chapter 18 - Land Disposal Restrictions • Chapter 23 - Universal Waste Management DTSC 12
  13. 13. Federal Or State Requirements - Which Do I Use? California is a federally “authorized” state. Generally, California’s requirements contain all hazardous waste requirements in 40CFR that apply in California. Most newly adopted federal regulations do not apply in California until California adopts them. Some, however, apply in CA but are enforced by the federal agency. DTSC can enforce federal regulations under our authorization until California adopts them [HSC 25159.5(b)]. DTSC 13
  14. 14. Who Regulates Hazardous Waste? U.S. EPA Resource Conservation and Recovery Act (RCRA) Title 40, Code of Federal Regulations Cal/EPA, Dept. of Toxic Substances Control (DTSC) Hazardous Waste Control Law Health & Safety Code and Title 22, Cal. Code Regs “CUPA” Unified Program Health & Safety Code, Chapter 6.11 and Titles 22&27, Cal. Code Regs. DTSC 14
  15. 15. The Certified Unified Program Agency (CUPA) • Consolidates, coordinates, and makes consistent portions of the following six existing programs: ▪ Hazardous Waste Generators & Onsite treatment ▪ Underground Storage Tanks (USTs) ▪ Hazardous Materials Business Plans (HMBPs) ▪ California Accidental Release Prevention Program (CalARP) ▪ Aboveground Storage Tanks (SPCC Plans) ▪ California Fire Code DTSC 15
  16. 16. Now, In The Beginning The first thing you have to know: IS IT A WASTE? You have to answer this before you can manage it All other waste management requirements hinge upon this one decision. A material that has been used or has otherwise served its intended purpose and, for whatever reason (contaminated, spent, or intent) can or will no longer be used for its intended purpose. DTSC 16
  17. 17. State Definition Of Waste Waste (HS&C 25124 and CCR§ 66261.2) “..any solid, liquid, semisolid, or contained gaseous discarded material that is not excluded ….” A discarded material is any material which is relinquished (disposed of, burned or incinerated, accumulated, stored, or treated, but not recycled before) recycled - used in a manner constituting disposal (placed on land), burned for energy recovery, reclaimed, and accumulated speculatively. DTSC 17
  18. 18. State Definition Of Waste- cont’d inherently waste-like when it is recycled [RCRA waste codes F020, F021, F022, F023, F026 and F028 (contain dioxins), secondary materials fed to a halogen acid furnace ▪ A material that poses a threat to human health and/or the environment that has been mislabeled or unlabeled for more than 10 days (i.e., 10 days from the day that the labeling deficiency was first discovered) ▪ A material that poses a threat to human health and/or the environment contained in a deteriorated or damaged packaging for more than 96 hours DTSC 18
  19. 19. DTSC 19
  20. 20. Are There Any Waste Exclusions? Materials that are not discarded §25124(c) Intermediate manufacturing process streams; Coolants, lubricants or cutting fluids that are filtered to extend their useful life. Materials that are not wastes: - Industrial wastewater discharges under National Pollutant Discharge Elimination System permitting program [§66261.4(a) (1)] - Source, special nuclear or by-product material as defined by the federal Atomic Energy Act [§66261.4(a)(2)] - Spent sulfuric acid used to produce virgin sulfuric acid [§66261.4(a)(3)] - Pulping Liquors [§66261.4(a)(4)] - Secondary materials reclamation in enclosed tanks [§66261.4(a)(5)] Excluded Recyclable Materials §25143.2(b) & (d) DTSC 20
  21. 21. What Makes A Waste Hazardous? Once you have determined that a material is a waste: IS IT HAZARDOUS? • A waste is a hazardous waste if it: • Is not excluded from classification as a waste • Exhibits a characteristic in Article 3 • Is listed in Articles 4 or 4.1 • Is listed in or contains constituents listed in Appendix X, unless the waste is determined to be non-hazardous • Is a mixture of a waste and a hazardous waste [22 CCR §66261.3] DTSC 21
  22. 22. Listed Wastes RCRA Listed Wastes: EPA has listed roughly 500 specific chemicals that consider hazardous to human health or the environment: The F-list (non-specific source wastes): This list identifies wastes from many common manufacturing and industrial processes. Non-specific meaning they don't come from one specific industry or one specific industrial or manufacturing process. The F-list appears in the hazardous waste regulations in section 66261.31. Spent solvents (F001-F005), Spent cyanide plating bath solutions from electroplating (F007)] DTSC 22
  23. 23. Listed Wastes-cont’d The K-list (source-specific wastes): This list includes certain wastes from specific industries, such as petroleum refining or pesticide manufacturing. Also, certain sludges and wastewaters from treatment and production processes in these specific industries are examples of source-specific wastes. • The K-list appears in the hazardous waste regulations in section 66261.32. The P-list and the U-list (discarded commercial chemical products): These lists include specific commercial chemical products that have not been used, but that will be (or have been) discarded. Industrial chemicals, pesticides, and pharmaceuticals are example of commercial chemical products that appear on these lists and become hazardous waste when discarded. • The P- and U-lists appear in the hazardous waste regulations in subsections 66261.33(e) and (f). DTSC 23
  24. 24. DTSC 24
  25. 25. Listed Wastes-cont’d • California Listed Wastes: Declared to be regulated by the legislature or DTSC • M listings (M-listed Wastes (discarded mercury-containing products): This list includes certain wastes known to contain mercury, such as fluorescent lamps, mercury switches and the products that house these switches, and mercury-containing novelties. DTSC 25
  26. 26. Characteristic Wastes • Ignitability 22 CCR §66261.21 - Liquid with a flashpoint < 140°F (60°C) OR solid that can cause fire through friction OR ignitable • Corrosivity 22 CCR §66261.22 • Measured by pH [Aqueous solution with a pH ≤ 2 or > 12.5; Not aqueous and, when mixed with an equal weight of water, has pH ≤ 2 or > 12.5]. • Measured by rate of steel corrosion • Reactivity 22 CCR §66261.23 Unstable, reacts violently with water, generates toxic gas with water, can detonate at STP. • Toxicity 22 CCR §66261.24 DTSC 26
  27. 27. Toxicity Overview • A waste is a toxic hazardous waste if it is identified as being toxic by any one (or more) of the eight subsections of this characteristic. 1. TCLP- Toxicity Characteristic Leach Procedure 2. WET- Waste Extraction Test • Gives you TTLC and STLC (Total Threshold Limit Concentration and Soluble Threshold Limit Concentration) 3. Acute Oral Toxicity [LD50 less than 2,500 mg/kg]. 4. Acute Dermal Toxicity [LC50 less than 4,300 mg/kg]. 5. Acute Inhalation Toxicity [ LC50 less than 10,000 mg/kg]. 6. Fish Bioassay -A waste is aquatically toxic if it produces an LC50 less than 500 mg/L when tested using the "Static Acute Bioassay Procedures for Hazardous Waste Samples 7. Carcinogenic Substances (Prop. 65 list of chemicals) a waste is identified as being toxic if it contains any of the specified carcinogens at a concentration of greater than or equal to 0.001 percent by weight. 8. Experience or Testing DTSC 27
  28. 28. Toxic Hazardous Waste Examples DTSC 28
  29. 29. • Chemical names • Common names • Presumed to create a non-RCRA hazardous waste based on hazardous characteristic ▪ X: Toxic ▪ C: Corrosive ▪ I: Ignitable ▪ R: Reactive 22 CCR, Div. 4.5, Chap. 11, Article 5, Appendix X California Presumptive Lists DTSC 29
  30. 30. Wastes That Are Not Hazardous Wastes-- Most of these have conditions which must be met and management requirements in order for the waste to be exempt §66261.4(b)(1-5): Infectious wastes (animal carcasses); Wastes excluded under 40 CFR §261.4 and they do not exhibit the characteristics of non-RCRA hazardous waste; Used oil re-refining still bottoms used in asphalt products; Used CFCs that are reclaimed; and Mining wastes. § 25143.5: Ash, fly ash, flue gas emission control residues from biomass § 25143.12: Debris contaminated with petroleum or any of its fraction. Hazardous wastes which are exempted from certain regulations: [§66261.4 (c )]: Materials in product or raw material storage tanks are exempt until removed (within 90 days of ceasing operation). §66261.4 (d): Samples - subject to regulation as a waste after use as a sample ceases §66261.4 (e) & (f): Treatability study samples for generator and labs. §66261.4 (g): Controlled substances under specified conditions and management requirements §66261.4 (h): CRT panel glass when disposed in Class 2 or class 3 landfill, if certain conditions and management requirements are met. §25143.1.5: Treated Wood waste-exclusively from electric, gas or telephone service. Must be disposed in a landfill that is authorized to accept treated wood wastesDTSC 30
  31. 31. DTSC 31
  32. 32. Lets Try Some Of It • Hydraulic Oil, drained from washing machine motor during replacement • Sulfuric acid etchant, collected in a pan after being applied to a mirror for decorative work. • Aqueous parts cleaning solvent used to de-grease. Contains “bugs” to eat the oil. • Antifreeze drained from a vehicle. It will be filtered, fortified and re-used. • Liquid, pH 5.5 from pipe at end of acid and base test stations • Newspapers • DTSC 32
  33. 33. How To Determine If You Have A Hazardous Waste? [22 CCR §66262.11] Self-classify: Analytical testing data by an accredited lab (SW846 Methods should be used Generator knowledge of materials and processes used [from existing published or documented waste analysis data or studies (EPA PublicationOSWER9938.4-03)] Safety Data Sheet information Emergency Response Guide DOT Guide (49 CFR) Information provided by Trade Association, Organization DTSC concurrence/re-classification [66260.200] DTSC 33
  34. 34. Who Makes A Waste Determination? • The Generator (§66262.11): • ”Generator is any person, by site, whose act or process produces hazardous waste identified or listed in Chapter 11 or whose act first cause a hazardous waste to become subject to regulation”[§66260.10]. •Can be required by regulatory agency (HSC §25185.6) - to furnish and transmit any existing information on HW. DTSC 34
  35. 35. Knowledge From Labels Or MSDS Chemical Name Manufacturer’s ID &Address Emergency Tel. No. Physical Hazards Storage & Handling Personal Protective Equipment, and Safe Working Procedures Warning signs: Danger = Death Warning = Serious Injury Caution = Mild Injury DTSC 35
  36. 36. Why Is Hazardous Waste Determination Important? •Required by T22 CCR §66262.11 •Determines HW Generator Status •Each type of generator must comply with its own set of requirements DTSC 36
  37. 37. Counting Waste • Counting is the informal word used to describe the process of totaling the quantity of a person’s hazardous wastes to determine compliance with a specific law. For example, a generator must count (i.e., must add up or total) the entire quantity of hazardous waste it produces (generates) in a month, pursuant to section 66262.34 of Title 22, to determine its generator status (SQG, or LQG) for that month. • Besides counting for purposes of section 66262.34, generators may have to count for other purposes, such as, for consolidated manifesting eligibility, to determine its generator fee category, for biennial reporting applicability, etc. • COUNTING PURPOSE CHART • DTSC 37
  38. 38. Generator Classification • In California, generators are divided into 2 categories: • Generators of 1,000 kg or more of hazardous waste per month, excluding universal wastes, and/or more than 1 kg of acutely or extremely hazardous per month (commonly referred to as Large Quantity Generators (LQGs)), or • Generators of less than 1,000 kg of hazardous waste per month, excluding universal wastes, and/or 1kg or less of acutely or extremely hazardous waste per month (defined as Small Quantity Generators (SQGs)). • GENERATOR SUMMARY CHART • Generator-Chart.pdf DTSC 38
  39. 39. Determines HW Generator Status• Total weight of hazardous waste that you generate (produce) in any given month of the calendar year - For example: Hazardous waste that you generate between October 1st and October 31 AND • Total amount of hazardous waste on-site at any given time • NOTE: Generator categories are NOT determined by the weight of waste shipped off- site. DTSC 39
  40. 40. Determining Generator Status-cont’d •Need to calculate twice: • Once under federal rules • Again under California rules • Key to sizes: 1 drum =55 gallons=440 lbs=200 kgs 40DTSC
  41. 41. Generator Status LQG ≥ 1,000 kg hazardous waste and/or > 1 kg acutely hazardous waste and/or > 1 kg extremely hazardous waste during any calendar month SQG < 1,000 kg hazardous waste and/or ≤ 1 kg acutely hazardous waste and/or extremely hazardous waste during any calendar month VSQG (previously CESQG) ≤ 100 kg hazardous waste and/or ≤ 1 kg acutely hazardous waste and/or extremely hazardous waste during any calendar month – this is a category defined by EPA and not recognized in California DTSC 41
  42. 42. Specific Hazardous Wastes Acutely Hazardous Waste (P List & F020-F023) Extremely Hazardous Waste (§66261.107, §66261.110, & §66261.113) Hazardous wastes that, if exposure were to occur, may likely result in death, disabling personal injury, or serious illness. Not only hazardous, but, by orders of magnitude, more hazardous than ordinary hazardous wastes Special Wastes (e.g., auto shredder, baghouse and scrubber, sand from sandblasting, and tailing from ore processing (§66261.120).DTSC 42
  43. 43. Special Waste 22 CCR §66261.120-cont’d Special wastes are subset of non-RCRA hazardous wastes. Typically in larger waste volumes but pose lesser hazards. NOT self implementing - a generator must apply to DTSC to receive special waste classification Eligible to be managed according to less stringent standards (not automatic) Special Waste Criteria - 22 CCR §66261.122 DTSC 43
  44. 44. Categories of Hazardous Wastes 22 CCR Article 5 •RCRA Hazardous Wastes •Non-RCRA Hazardous Wastes •Acutely and Extremely Hazardous Wastes •Special Wastes •Other - Universal Wastes DTSC 44
  45. 45. Category Dictates: • Land disposal restrictions/treatment standards • Fees • Generator, Disposal • Hazardous waste management requirements •Universal Waste managment • DTSC discretionary authority • Variances, tiered permitting 45
  46. 46. Am I A Hazardous Waste Generator? • You are a generator of hazardous waste if your business activities produce any amount of any waste that is defined as hazardous waste in the California Code of Regulations. • As a generator of hazardous waste, you are required to comply with certain regulatory standards. • No limit of the liability of any facility for any past, present, or future discharge of hazardous wastes. • Any person, by site, whose act or process produces hazardous waste or causes a hazardous waste to become subject to regulation Hazardous Waste Generator Requirements DTSC 46
  47. 47. What Are the Requirements As A Hazardous Waste Generator ? 22 CCR SECTIONS 66262.10- 66262.42 • Determine if your waste is hazardous • Obtain an EPA ID Number • Comply with accumulation time limit • Comply with container management standards • Comply with Tanks standards • Prepare for emergencies • Provide trainings • Comply with shipping standards • Maintain and update records • Prepare the required reports • Pay the state/local fees • Comply with waste minimization requirements • Comply with closure standards DTSC 47
  48. 48. Waste Determination •Don’t throw any waste into the Dumpster unless you have confirmed and demonstrated that it is NOT a hazardous waste. • Waste generators benefit from creating and maintaining waste profiles because all facilities that generate wastes are required to document how they made their waste determinations. Waste profiles are one way to demonstrate compliance with this requirement.   f  DTSC 48
  49. 49. Obtain an EPA ID Number (§66262.12) •A facility may not treat, store, dispose of, or ship a hazardous waste without an EPA ID. •Issued to one facility at one address. •You must keep information current. •Change volumes, ownership, annual verification •Facility must be contiguous (connected) •Special cases for campuses, etc. DTSC 49
  50. 50. Obtain An U.S. EPA ID Number If you generate in any month: more than 1 kilogram of RCRA acutely hazardous waste per month more than 100 kilograms (about 27 gallons) of other RCRA waste per month Need to complete Form 8700-12 from U.S.EPA: “Notification of Regulated Waste Activity”, form 8700-12, and is available on-line at: You have two options to submit the form. We recommend submitting the form electronically for a faster processing time. Call 415-495-8895 If you generate less than these amounts of a RCRA hazardous waste or any amount of a non-RCRA hazardous waste, you will need a permanent State EPA ID number. DTSC 50
  51. 51. Obtaining A California EPA ID Number Get California-issued Number: If you do not need a federal number because < 100 kg of RCRA waste or you generate any California-only waste California Permanent ID Numbers Businesses that generate waste on an ongoing basis must have a permanent ID number. Complete the required application, DTSC Form 1358. from DTSC: “California Hazardous Waste Permanent ID Number Application”, DTSC Form 1358. California Temporary ID Numbers Temporary ID numbers (90-day numbers) are issued to people or businesses that do not routinely generate hazardous waste. Call (800) 618-6942 (1-800-61-TOXIC) DTSC factsheet DTSC 51
  52. 52. • Generators must verify their ID numbers (state and federal) annually through DTSC • If ID numbers are not verified, they will be deactivated 22 CCR 66262.12 EPA Identification Numbers DTSC 52
  53. 53. Is It Accumulation Or Is It Storage? •Storage requires a permit or grant of authorization from DTSC •Accumulation does not require a permit or grant of authorization as long as it meets the specified accumulation time, and the hazardous waste must be generated “onsite” or “remotely-generated” •§25110.10 - Consolidation Site •§25121.3 - Remote Site DTSC 53
  54. 54. Hazardous Waste Accumulation 22 CCR Section 66262.34 (a)-(d) DTSC 54
  55. 55. Hazardous Waste Accumulation 22 CCR Section 66262.34 (a)-(d)  < 100 kg/month, clock starts at 100kg  > 100 kg/mo., 90 days from first drop  >100 - < 1000 kg/mo. AND never more than 6,000kg onsite: can store for 180 days  > 100 - < 1000 kg/mo., AND < 6,000kg AND transport >200 miles to TSD: can store for 270 days  > 1000 kg/mo. Subject to 90 days rule DTSC 55
  56. 56. Container Management §66262.34(a)(1)(A) Closed Labeled Compatible with contents In good condition Ignitable, reactive wastes 50 feet from the property line Incompatibles stored separately Inspected weekly Adequate aisle space Title 22, CCR, Chapter 15, Article 9 DTSC 56
  57. 57. Container CLOSED Management DTSC 57 Unless hazardous waste is being added to or removed from a container, it must be kept closed. This includes the lid, bung caps and/or any other openings. This can be inconvenient for employees who need to add wastes to or remove wastes from containers several times a day, because it is not always fast, nor is it always convenient or easy to have to remove lids or bung caps each time. Using sealable funnels on containers with bung openings and fast-latching lids on containers with open heads can help make containers more easily accessible. They can also make containers easier to open and close, which helps to encourage compliance. Large quantity generators are also required to comply with applicable parts of 40 CFR 265, Subparts AA, BB and CC. These subparts contain air emission standards for wastes containing VOCs that require containers to be kept tightly sealed to prevent fugitive emissions.
  58. 58. Container Management: Labels 22 CCR Section 66262.34(a) “Hazardous Waste”  Name and address of generator  Accumulation start date  Composition and physical state  Hazardous properties Manifest Tracking Number (change from Manifest Document #)
  59. 59. Special Labels ……. “Labels” can stick on or be written directly on the tank or container Special labels for special wastes - Used Oil “Used Oil-Hazardous Waste” + accum date + Name/Address - Used Oil Filters “Drained Used Oil Filters” + accumulation date - Universal Wastes “Universal Waste” + the type of universal waste [66273.34] Lead-Acid Batteries Date the battery was generated or received. Pallets should have DOT markings or labels Excluded Recyclable Materials “Excluded Recyclable Materials” [HSC, 25143.9] *“Rejected waste” [HSC, 25160.6(b)] DTSC 59
  60. 60. DTSC 60
  61. 61. Labeling…… Empty
  62. 62. Container & Tank Definitions[§66260.10].“Container” means any device that is open or closed, and portable in which a material can be stored, handled, treated, transported, recycled or disposed of. Bulk container” means any container or container-like vehicle, other than a vessel or a barge, with a capacity greater than 119 gallons (450 liters), which is used to transport hazardous waste (s), hazardous material (s), hazardous substance (s), or recyclable material (s) in bulk by air, highway, rail, or water, including, but not limited to, cargo tanks, vacuum trucks, roll-off bins, rail tank cars, and intermodal containers. DTSC 62
  63. 63. Container & Tank Definitions-cont’d “Tank” means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support. DTSC 63
  64. 64. Container Management: Empty Containers 22 CCR Section 66261.7 • Empty containers previously holding hazardous wastes must meet the regulatory definition of empty before they are exempted from hazardous waste requirements (66261.7). • “Empty” • All pourable/non-pourable material removed • If extremely hazardous, triple-rinsed • If a container meets the “drip/dry” standard, the “empty” container may be managed as follows: • A container of 5 gallons or smaller may be disposed in a non-hazardous landfill. DTSC 64
  65. 65. Empty Containers-cont’d • A container larger than 5 gallons must be reclaimed for scrap value, reconditioned, remanufactured or refilled. • Containers holding aerosols [Title 22 CCR §66261.7(m)] must be completely discharged of contents and propellant before disposed in a non-hazardous waste landfill. • a container or inner liner that held an acute hazardous waste listed in Appendix D, one of the following is done: − it is triple rinsed − it is cleaned by another method identified through the literature or testing as achieving equivalent removal − the inner liner is removed. DTSC 65
  66. 66. • Containers must be: ▪ Empty – no continuous stream for liquids ▪ Marked “EMPTY” (BMP) ▪ Marked with the date they became empty ▪ Stored on-site no more than one year (365 days) ▪ Recycled ▪ Recycle records are to be kept for 3 years 22 CCR 66261.7 Contaminated Containers DTSC 66
  67. 67. Make sure these are CALIFORNIA EMPTY before putting in regular trash! DTSC 67
  68. 68. Special Containers Household containers -5 gallons or less are exempt if empty Aerosol cans: - Empty: are exempt as long as they are sent to metal recycler. - Non empty, subject to Universal Waste Rule Containers made of absorptive materials – not exempt if it was in direct contact and has absorbed hazardous materials. Compressed gas cylinders - exempt when pressure approaches atmospheric pressure. DTSC 68
  69. 69. Required Aisle Space §66265.35. • Maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency • Emergency personnel should not be expected to move heavy equipment, climb over tables, or crawl under equipment. DTSC 69
  70. 70. Container Management 40 CFR 262.16(b)(2)(v); 22 CCR 66265.177 Incompatible hazardous waste cannot be placed in the same container. Hazardous wastes can be flammable, corrosive, reactive or toxic. When a container is being chosen, the characteristics of the hazardous waste need to be considered so that a compatible container is used. Examples are choosing a plastic container for corrosive materials or choosing a steel container that can be bonded and grounded for storing flammables. Some reactive wastes may need to be stored in glass or stainless steel containers. It is important for individuals who choose containers, as well as those who add waste to collection containers, to understand the properties of the wastes being managed so that they can avoid reactions and container failures. DTSC 70
  71. 71. • Generators must have a designated Central Accumulation Area (CAA) ▪ Generators can have multiple CAAs • LQGs – CAA must be > 50 ft from property line if ignitable (D001) or reactive (D003) waste present • Facility must be maintained & operated to minimize possibility of a fire, explosion, or release Container Accumulation Areas DTSC 71
  72. 72. • Located in secure area with access controlled • Post warning sign: “Danger Hazardous Waste Accumulation Area – Unauthorized Personnel Keep Out” 22 CCR 66265.14 Container Accumulation Areas DTSC 72
  73. 73. Container Accumulation Areas Accumulation Time Limits and Volumes LQG 90 days; no limit for hazardous waste stored on-site SQG 180 days (270 days if shipped ≥ 200 miles); maximum 6,000 kg hazardous waste stored on-site VSQG (previously CESQG) No time limit until 100 kg of hazardous waste (180 days) or 1 kg of acutely or extremely hazardous waste is reached (then 90 days) DTSC 73
  74. 74. • Emergency equipment: ▪ Internal communication devices ▪ Fire extinguishers ▪ Spill control equipment • Equipment must be tested and maintained • LQGs – inspection schedule must be implemented, records maintained 40 CFR 262.16(b)(8); 22 CCR 66265.15(b) & 66265.32- 33 Central Accumulation Areas DTSC 74
  75. 75. Container Weekly Inspection Title 22 CCR 66265.174 • On a weekly basis all hazardous waste accumulation areas must be inspected for spills & container conditions – Leaking?, Damage?, Rust? , Bulging?, Dimpling? , Crystals? - Proper labels (complete? elegible?). –Closed containers (with bung caps?). –Amount –Accumulation time • All containers storing hazardous waste must be in good condition. This means there shouldn’t be excessive rust, deep dents, bent rims or anything else that is likely to cause the container to fail. • Containers also must not leak. If leaks are discovered, the contents of the container need to be either transferred to another container or managed in another compliant way. For example, the hazardous wastes could be transferred to a tank. DTSC 75
  76. 76. Satellite Accumulation •Basics: • At or near the point of generation, under control of the generator and in containers • Can not remain on site more than 1 year from first drop or when 90/180/270 is reached, whichever comes first. • Mark container w/ initial date of accumulation • No more than 55 gallons per process (may use separate containers with approval of DTSC) • Move within 3 days of reaching 55 gallons DTSC 76
  77. 77. Tank Standards 22 CCR , Chapter 15, Article 10 §66265.190. Applicability. §66265.191. Assessment of Existing Tank System's Integrity. §66265.192. Design and Installation of New Tank Systems or Components. §66265.193. Containment and Detection of Releases. §66265.194. General Operating Requirements. §66265.195. Inspections. §66265.196. Response to Leaks or Spills and Disposition of Leaking or Unfit-for-Use Tank Systems. §66265.197. Closure and Post-Closure Care. §66265.198. Special Requirements for Ignitable or Reactive Wastes. §66265.199. Special Requirements for Incompatible Wastes. §66265.200. Waste Analysis and Trial Tests. §66265.202. Air Emission Standards. DTSC Factsheet: Hazardous Waste Generator Requirements Hazardous waste tank system requirements for large Quantity generators and onsite treatment facilities 77
  78. 78. Tank Management Requirements Provide secondary containment (unless obtain a variance, or tank is inside a building with an impermeable floor and waste has no free liquids (66265.193) Make sure that HW and tank materials and design must be compatible Use controls and practices to prevent spillage and overflow (e.g. check valves, dry disconnect couplings, level sensing devices, high level alarms, automatic feed cutoff, or by-pass to a standby tank) Maintain of freeboard (uncovered tanks) to accommodate wind, waves, and precipitation from 24-hr, 25 yr storm (2 ft/min unless contained) Immediately implement the Contingency Plan if a leak or spill occurs, stop using the tank, remove the waste, contain any releases, and report the incident Label with the words “Hazardous Waste”, and the date of the 90 day accumulation period begins. Perform daily Inspections (each operating day): Overfill & spill control equipment Tank system, secondary containment and surrounding area for signs of corrosion or release of HW Data from monitoring & leak-detection equipment If uncovered tanks, the level of available freeboard DTSC 78
  79. 79. Tank System Documentations Diagram of secondary containment system Volume calculations. Statement of compatibility of waste with tank and coating. Certification from an independent California Registered Professional Engineer. Inspection logs (e.g., cathodic protection system, valves, overfill protection, throughput calculations). Annual integrity assessments, if tank system has no secondary containment. Testing and maintenance of equipment. Secondary containment certification Record of completed training of employees for tank management. A Contingency Plan that explains how to deal with emergencies involving tanks and their contents. DTSC 79
  80. 80. Inspection Logs •Written logs required only of tanks holding hazardous waste (DAILY) CCR 66264.195 • Looking for corrosion, releases, working condition, overflow, spill control and monitoring equipment •All containment areas should be examined too DTSC 80
  81. 81. Plans Requirements Contingency Plan CCR 66265.52 - Required for facilities that generate ANY quantity of hazardous waste - SQGs’s special posting - Can be combined with Hazardous Materials Business Plan - Should include:  Emergency Procedures  Fire, explosion, spills, floods, earthquakes  Coordination with emergency services  Internal communication  Emergency Equipment  Emergency Coordinators (2) and contact info  Evacuation Plan  Emergency plans, coordinators, equipments DTSC 81
  82. 82. Training Plan - 66265.16 • Without training, employees may not be aware of the need to manage hazardous wastes properly. This lack of knowledge can lead to hazardous waste containers being left open or hazardous wastes being improperly labeled, stored and/or managed. • The amount of training that is required depends on the facility’s generator status, as well as the employee’s specific responsibilities. In many cases, employees who have a role in managing hazardous wastes also need the Department of Transportation (DOT) hazmat employee training and, in just about every instance, employees who handle hazardous wastes will also need to receive the Occupational Safety and Health Administration’s (OSHA) hazard communication (HazCom) training. Many facilities combine the required elements of these three trainings into one session to simplify training efforts, promote clarity and improve compliance. • The Environmental Protection Agency (EPA) does not specify the amount of time that an employee needs to spend in training. It does, however, specify that the training must be relevant to the employee’s responsibilities and adequately cover appropriate topics. DTSC 82
  83. 83. Plans Requirements-cont’d Training Plan CCR 66265.16: Cover hazards, waste management, emergency preparedness (also other training required by OSHA and DOT ).  New hire: within 6 months Documentation Program should be directed by a person trained in hazardous waste management Program needs to be designed to ensure that facility personnel are able to respond effectively to emergencies by familiarization to emergency procedures (including the contingency plan), emergency equipment & emergency systems. Plan needs to be relevant to the positions in which they are employed Special requirements for SQG,LQG, or TSDF. DTSC 83
  84. 84. Training Plan-cont’d• Large quantity generators (LQG), must have a formal personnel training program in place in accordance with the requirements in 265.16 and 262.34(a)(4). This requires initial training and annual review that teaches proper waste management and familiarizes them with procedures, equipment, and systems to effectively respond to emergencies. • Any “personnel” [40 CFR 260.10] who work with hazardous wastes, oversee operations or could cause non-compliance issues need to receive training within 90 days of initial hire and annually after that [265.16(b) and (c)]. • Personnel must be trained to perform their specific duties in regard to hazardous waste handling. They must also be taught how to perform inspections, how to repair and replace emergency and monitoring equipment and what to do in the event of spills, releases or other emergencies. • Records must be kept to verify that employees have been trained. The documentation must include the employee’s name, job title, job duties and a description of the training. Records must be maintained until closure of the facility and/or for three years beyond the employee’s last date of employment. • DTSC 84
  85. 85. Training-Cont’d • SQG Training Requirements • Small Quantity Generators (SQGs) need to train employees who handle hazardous wastes during normal operations and emergencies to be “thoroughly familiar” with all hazardous waste management procedures relevant to their job duties [40 CFR 262.16(b)(9)(iii)]. Documentation of training, such as a dated sign-in sheet, is not required, but it is a best management practice that can be used during an inspection or audit to verify compliance. • VSQG Training Requirements • Although RCRA does not explicitly require Very Small Quantity Generators (VSQGs) to train their employees, VSQGs are required to properly identify solid and hazardous wastes. They are also required to dispose of their hazardous wastes appropriately. • Even if it is not specifically required by regulation, training employees to recognize and properly manage hazardous wastes is a best management practice that can be used to ensure that hazardous waste streams are safely managed while they are onsite. Training also helps employees to recognize situations that could cause releases into the environment so that they can react quickly to prevent or stop spills or other upset DTSC 85
  86. 86. DTSC 86
  87. 87. Biennial Report CCR 66262.41 Usually required only if company generates >1000 kg RCRA waste in any month of a year. Do not need to do it if do not generate >1,000 kg of RCRA waste in any month (or 1 kg EH) Federally required report Due March 1, even numbered years Accounting of all RCRA waste activities from 2011, including generated and treated onsite and offsite recycling. Applies to RCRA LQGs only Generally submit online, print receipt showing proof of filing. Really a report of: type of wastes sent offsite by code Efforts/changes made to reduce volume and/or toxicity calendar years covered DTSC 87
  88. 88. SB14/Waste Minimization Pollution Prevention and Hazardous Waste Source Reduction & Management Review Act- Amended June 27, 2012 Formal plan and report regarding waste minimization For generators of >12,000 kg/year Does not include such wastes as used oil, automotive fluids, universal waste Plan was due September 1, for the calendar year 1991 and every 4 years thereafter DTSC 88
  89. 89. SB14/Waste Minimization SB 14 applies to generators who routinely generate >12,000 kg haz waste or >12 kg extremely hazardous waste during a calendar year 12,000 kg = 26,400 lbs = 13.2 tons = 3,165 gallons 12 kg = 26.4 lbs = 3.2 gallons Some excluded hazardous wastes and activities [22 CCR, 67100.2] DTSC 89
  90. 90. Compliance With SB 14 Means… 1. Conduct source reduction evaluation for calendar year 2018 Complete a Source Reduction Evaluation Review and Plan (Plan) plans and projections for next 4 years. Checklist alternative for small businesses Complete a Hazardous Waste Management Performance Report (Performance Report) accomplishments from previous 4 years. USEPA biennial gen report for small businesses 1. Complete a Summary Progress Report (SPR) – due on or before September 1, at your site DTSC 90
  91. 91. Other Waste Minimization Requirements SQG (Annual Waste Minimization Certification Statement on good faith efforts to reduce quantity and toxicity of HW) [T22,CCR,66262.27 (b)] LQG (Annual Waste Minimization Certification statement of program in place to reduce quantity and toxicity of HW) [T22,CCR,66262.27 (a)] LQG (Biennial Report certification for description of the efforts undertaken during the year to reduce the volume and toxicity of waste generated, and of the changes in volume and toxicity of waste actually achieved during the year in comparison to previous years [T22, CCR, 66262.41(b)(6) &(7)] Generator uses the Consolidated manifest – Certification that it has established a program to reduce the volume or quantity and toxicity of the hazardous waste to the degree, as determined by the generator, to be economically practicable [HSC 25160.2(b)(4)(H)] Generator treats onsite under Conditional authorization (CA)- Annual Certification [HSC 25200.3( c) (2) &25202.9] Generator treats onsite Permit by Rule (PBR)-Certification [T22, CCR, 66262.45(c)] DTSC 91
  92. 92. Notes…… • Completeness Checklists • Consultant-one fit all • DTSC HWTS database DTSC 92
  93. 93. Closure §66265.111 Closure performance standard (a) minimize the need for further maintenance (b) control, minimize or eliminate, to the extent necessary to protect human health and the environment, post-closure escape of hazardous waste, hazardous constituents, leachate, contaminated rainfall or run-off, or waste decomposition products to the ground or surface waters or to the atmosphere, and (c) comply with the closure requirements of this chapter including, but not limited to, the requirements of section 66265.197  §66265.114 Disposal or decontamination of equipment, structures and soils.  reqmts-gen-tpf.pdf DTSC 93
  94. 94. Special Management Standards For Specific Hazardous Wastes Hazardous Waste Fuels (22CCR, Chapter 16) Used Oil (HSC Article 13 § 25250 et al.) Used Oil Filters (§ 66266.130) Waste Elemental Mercury (§66266.130) Auto Shredder Wastes (§ 25143.6) Prohibited Chemicals (Article 10. §25210-25210.1) Management of Perchlorate (Article 10.01.§25210.5-25210.7) Lighting Toxic Reductions (Article 10.02. § 25210.9-25210.12) Management of Hazardous Wastes Removed From Discarded Appliances (Article 10.1. § 25211-25214) Lead-Containing Jewelry (Article 10.1.1 §25214.4.3) Lead Plumbing Monitoring and Compliance Testing (Article 10.1.2 DTSC 94
  95. 95. Special Management Standards For Specific Hazardous Wastes-cont’d Motor Vehicle Switches (Article 10.2 § 25214.5-25214.8) Mercury-Added Thermostats, Relays, Switches, and Measuring Devices (Article 10.2.1 § 25214.8.1-25214.8.2) Electronic Waste (Article 10.3 § 25214.9-25214.10.2) Toxics in Packaging Prevention Act (Article 10.4. § 25214.11- 25214.21) Management of Lead Acid Batteries (Article 10.5. § 25215- 25215.5 & § 66266.80-81) Management of Small Household Batteries (Article 10.6. § 25216-25216.3) Recyclable Latex Paint (Article 10.7 § 25217-25217.4) Universal wastes (T22, CCR, Chapter 23) DTSC 95
  96. 96. DTSC 96
  97. 97. How Should I Manage My Hazardous Waste For Proper Transportation? Have an EPA I.D. Number • Packaging, Labeling and Marking • Hazardous wastes must be properly packaged for shipping. The containers (drums, cans, cylinders, tank cars, bulk containers, etc.) must meet all applicable DOT shipping specifications in 49 CFR parts 173, 178 and 179. • Hazardous waste containers must also be properly labeled and marked in accordance with 49 CFR 172 [40 CFR 262.31-.32]. This includes choosing the proper UN identification number for the waste as well as the correct labels to identify the waste’s hazard class(es). All containers must also be marked with the following verbiage found at 49 CFR 172.304: Use a hazardous waste transporter registered with DTSC [ 916-255-4368] Verify driver license class Ensure that your waste is delivered to a permitted facility or authorized recycler [Check the DTSC web site] Use a HW manifest Provide any Land Disposal Restriction (LDR) documentations Submit Generator copy of manifest to DTSC.  Submit TSDF signed copy if TSDF is out of state DTSC 97
  98. 98. 98 Transporter Registration Authority: • § 25163 Health and Safety Code • Unless specifically exempted, it is unlawful for any person to transport hazardous wastes without a valid registration issued by DTSC. • A hazardous waste registration: • is not transferable to any other person • and is valid for one year only. • Submit: Application (DTSC 187) • Provide proof of liability coverage
  99. 99. Transporter Registration-cont’d •A transporter may provide proof of liability coverage by submitting one of the following documents: • Certificate of Insurance for Public Liability Coverage (DTSC 8038) • Endorsement for Motor Carrier Policies of Insurance for Public Liability (MCS-90) • Motor Carrier Surety Bond for Public Liability (MCS-82) • Letter from a Risk Manager (if the Transporter is a public agency) identifying the liability limits DTSC 99
  100. 100. Registration Certificate • If the application and proof of insurance are acceptable, the applicant is issued a certificate. The certificate states the following information: – Name and address of the transporter – Registration Number – Expiration Date – Authorized Signature – Issuance Date DTSC 100
  101. 101. Shipping Requirements DTSC 101 • EPA form 8700-22 is the only manifest form that can be used • Federal instructions included on the back of the manifest form • California has supplemental manifest instructions that include: ▪ Submittal requirements ▪ California waste codes ▪ Hazardous waste management method codes
  102. 102. Shipping Requirements • Generator is responsible for information in boxes 1 – 15 • Box 16 is for international shipments • Box 17 is for transporter’s acknowledgement of receipt • Boxes 18 – 20 are to be completed by designated facility (TSDF)
  103. 103. Who’s Responsible for Completing the Manifest? All parties must: •Sign and date the manifest •Check for accuracy and consistency in volumes and/or quantities •Verify names are legible, printed or typed, next to the signature DTSC 103
  104. 104. What Is A Consolidated Manifest? Per HSC 25160.2  A transporter operating under a consolidated manifest can pick up wastes from many generators and use only one consolidated manifest per day per driver.  Generators of >100 and <1000 kg/mo. that reclaim their waste under a contractual, reclamation agreement which specifies the type of waste and frequency of shipment. Also the transport vehicle is owned and operated by the reclaimer and the reclaimed material must be returned to the same generator. (RCRA =“tolling agreement”.)  No generator volume limit for used oil and contents of oil/water separation  Generators & Reclaimers Must keep copies of agreement for 3 years after contract expires and copies of shipping papers for 3 years from date of shipment  To use a consolidated manifest, the transporter must submit a completed notification form to DTSC and receive the acknowledgement, which must be in the vehicle when transporting consolidated manifests. Transporters must also submit quarterly reports to DTSC. DTSC 104
  105. 105. Consolidated Manifest, Cont’d Statute allows consolidation of: Used oil (no volume limits or generator eligibility rules) (A) Contents of oil/water separator (no volume limits or generator eligibility rules) (B) Solids contaminated with used oil (C) Brake fluid (D) Antifreeze (E) Antifreeze sludge (F) Parts cleaning solvent, including aqueous cleaning solvents (G) Hydroxide sludge contaminated solely with metals from a wastewater treatment process (H) Paint-related wastes, including paints, thinners, filters and sludge (I) Spent photographic solution (J) Dry cleaning solvents including perchloroethylene, naphtha, and silicone-based solvents (K) Filters, lint and sludge contaminated with dry cleaning solvent (L) Asbestos and asbestos-containing materials (M) Inks from the printing industry (N) Chemicals and laboratory packs collected from K-12 schools (O) Filters from dispensing pumps for diesel and gasoline fuels (Q)DTSC 105
  106. 106. 106 Consolidated Manifesting Requirements: •Generators •Must have an EPA ID number •Must be an eligible waste •Transporters •Registered Transporter •File a Notification Form ((DTSC 1299) •Comply with Manifesting Requirements •File Transporter Quarterly Reports
  107. 107. LDR - Land Disposal Restriction 22 CCR Chapter 18 Two parts Notification-- tells the TSDF that a treatment standard exists or that it is prohibited Certification-- tells the TSDF that the waste being sent meets the treatment standard Must be kept 3 years What’s prohibited-liquid wastes For routinely generated wastes- can fill out one LDR with the initial load if no changes to the waste stream and is sent to the same TSDF DTSC 107
  108. 108. Shipping Requirements DTSC 108 • EPA form 8700-22 is the only manifest form that can be used • Federal instructions included on the back of the manifest form • California has supplemental manifest instructions that include: ▪ Submittal requirements ▪ California waste codes ▪ Hazardous waste management method codes
  109. 109. Shipping Requirements • Generator is responsible for information in boxes 1 – 15 • Box 16 is for international shipments • Box 17 is for transporter’s acknowledgement of receipt • Boxes 18 – 20 are to be completed by designated facility (TSDF)
  110. 110. Who’s Responsible for Completing the Manifest? All parties must: •Sign and date the manifest •Check for accuracy and consistency in volumes and/or quantities •Verify names are legible, printed or typed, next to the signature DTSC 110
  111. 111. Manifest submittals •The generator must submit a legible manifest copy to DTSC within 30 days from the date of shipment to: DTSC Generator Manifests, P.O. Box 400, Sacramento, CA 95812-0400 •Generators must receive a signed copy of the manifest from the TSDF within 35 days from the date of shipment •The generator is responsible to contact transporter and TSDF if copy is not received by the 35th day DTSC 111
  112. 112. Manifest submittals-cont’d • If the signed manifest copy is not received, the generator must submit an exception report to DTSC within: 45 days for LQGs; 60 days for SQGs • Exception report must include a legible copy of the manifest and efforts generator made to locate hazardous waste • Exception reports sent to: DTSC Report Repository, Generator Information Services Section, P.O. Box 806, Sacramento, CA 95812- 0806 , DTSC 112
  113. 113. E-Manifest • Manifests may be either paper or electronic but electronic forms may only be used if the generator has already confirmed that everyone handling the waste (transporters and destination facility) can use an electronic manifest. If so, the generator must also provide the transporter with one paper copy [40 CFR 262.24]. • Hazardous Waste Electronic Manifest System (e-Manifest): On June 30, 2018, the U.S. Environmental Protection Agency (EPA) launched the Hazardous Waste Electronic Manifest System (e-Manifest). • e-Manifest Fact Sheet: Generators manifest_generators_fact_sheet_0.pdf • California implementation efforts 113DTSC
  114. 114. Recycling HSC Section 25143.2 et seq. •Used, reused or reclaimed • Reused • an ingredient in a process to make a product • a substitute for a commercial product • Reclaimed • processed to recover a usable product or regenerated • Examples: distilling solvents to regenerate them, fortifying acid baths, smelting metals, breaking lead-acid batteries to separate the lead plates. DTSC 114
  115. 115. Recycling Recycling generally takes the form of one of three exclusions or exemptions: 25143.2. (a) Recyclable materials are subject to this chapter and the regulations adopted by the department to implement this chapter that apply to hazardous wastes, unless the department issues a variance pursuant to Section 25143, or except as provided otherwise in subdivision (b), (c), or (d) or in the regulations adopted by the department pursuant to Sections 25150 and 25151. 25143.2(b) Exclusion from definition of waste and apply to both RCRA & non-RCRA wastes 25143.2 (c)- Exemption from permit requirement and applies to both RCRA and non-RCRA wastes 25143.2(d)- Exclusion applies only to non-RCRA wastesDTSC 115
  116. 116. Recycling HSC 25143.2 (b): a direct copy of the federal direct use or reuse exclusions (40 CFR 261.2(e)(i), 261.2(e)(ii), and 261.2(e)(iii). - ingredient in process without reclamation OR Substitute for commercial product without reclamation OR Returned to original process as feedstock without reclamation  HSC 25143(c) contains two exemptions from facility permitting requirements [not exclusions from the definition of waste as in (b) and (d)]. (c)(1) applies to cokers at refineries (c)(2) applies to all recyclable materials that recycled and reused onsite, provided the generator standards are met: recycled where it was generated AND within accumulation time limits AND handled like a hazardous waste HSC 25143.2(d): This section contains seven exclusions from the definition of “waste.” used at site which generated OR ingredient in process to make a product OR substitute for commercial product DTSC 116
  117. 117. Recycling-cont’d Excluded materials from HSC 25143.2 (b) and (d) must meet conditions in 25143.9: If held onsite, must label and placard with words “Excluded recyclable material” Must have an up to date Contingency Plan which addresses the material Stored in accordance with local ordinance regarding storage of hazardous materials HSC 25143.2(e) says even if (b), (c ) or (d) applied: No disposal to land, including as an ingredient in the manufacture of fertilizer No burning for energy recovery no speculative accumulation (>1 yr, use< 75%) DTSC 117
  118. 118. Recycling Records Any person managing a recyclable material under a claim to an exclusion or exemption must provide, upon request, to DTSC, U.S. EPA, or a CUPA the name, address, and telephone number of any facility managing the material, and any other information requested, related the management of the recyclable material. UPCF form reporting requirements to CUPAs those that recycle onsite >100 kg/mo, includes description of types & constituents those that accept & recycle offsite waste >100 kg/mo Any person claiming an exclusion or exemption must maintain adequate records to demonstrate there is a known market or disposition for the material, and that the requirements of the exclusion or exemption are met. Recyclable materials excluded from classification as a waste pursuant to section 25143.2 are not excluded from the definition of hazardous substances in subdivision (g) of Section 25316. DTSC 118
  119. 119. Sham Recycling •Sham Recycling / Beneficial Use [see January 4, 1985 Federal Register, Vol.. 50, No. 3, p. 638)  •Past US.EPA & DTSC Interpretive Letters. •Any questions related to waste identification or recycling contact: Diana Peebler(510) 540-3866, DTSC 119
  120. 120. What If I Want To Treat My Hazardous Waste Onsite? Treatment: “ any method, technique, or process which is not otherwise excluded from the definition of treatment by this chapter and which is designed to change the physical, chemical, or biological character or composition of any hazardous waste or any material contained therein, or which removes or reduces its harmful properties or characteristics for any purpose.” • Define in HSC Section 25123.5& T22 CCR Section 66260.10 • Treatment Exemptions HSC Section 25123.5(b)(1)&(2) DTSC 120
  121. 121. What If I Want To Treat My Hazardous Waste Onsite?-cont’d It is illegal to throw hazardous waste away or pour hazardous waste down the sink, in the storm drain, or down the toilet. If you treat your hazardous waste at your shop (onsite treatment), you must have approval (permit or grant of authorization) from your local Certified Unified Program Agency (CUPA) or DTSC. If you are authorized and treat your hazardous waste onsite into a non- hazardous waste, it may be disposed of to the sewer upon approval of your local sewer agency. Permit/authorization is required Common activities: Neutralization of acidic, alkaline wastewater Some oil/water separators DTSC 121
  122. 122. Permitting Tiers Full Permit Title 22, California Code of Regulations, Chapters 14 and 20 Standardized Permit Health & Safety Code, Section 25201.6 Permit By Rule (PBR) Title 22, California Code of Regulations, Chapter 45, Section 67450 Conditional Authorization (CA) Health & Safety Code, Section 25200.3 Conditionally Exempt (CE) Health & Safety Code, Sections 25200.1.5, 25201.14, and 25144.6(c) CE Specified wastestreams (CESW) CE Small Quantity Treater (CESQT) CE Limited (CEL) CE Commercial Laundry (CECL) USE TP FLOWCHART TO FIND TIER!! DTSC 122
  123. 123. What Requirements Do Generator Has To Meet To Treat Hazardous Waste Under Lower Three Tiers? Onsite waste No RCRA permit Eligible wastestreams No reactive or EH wastes Eligible treatment Specified treatment In tanks/containers Notification and fees Generator requirements Air emissions requirements DTSC 123
  124. 124. NHY 124 Eligible Waste Streams •Find the wastestream description that best matches the hazardous waste that you treat. •Is the wastestream on either the PBR list (67450.11) and is hazardous only due to constituents listed in 67450.11, or •Specifically listed in 25200.3(a) for CA; or •Listed in 25201.5(a)for CESQT; or •Listed in 25201.5 (c ) for CESW; or •Listed in 25201.14 for CEL?
  125. 125. NHY 125 Tiered Permitting Wastestreams1. Aqueous wastes with chromium VI. 2. Aqueous waste with metals. 3a. Aqueous wastes with organic compounds not listed in section 66261.24(a)(1)(B) or (a)(2)(B) and containing <10% total organic carbon (TOC) and <1% volatile organic compound(VOC). 3b. Aqueous waste with organic compounds listed in section 66261.24(a)(1)(B) or (a)(2)(B). 4a. Wastewater treatment sludges, solid metal objects, metal workings containing or contaminated with metals. 4b. Wastewater treatment sludges, solid metal objects, metal workings containing or contaminated with metals and dusts containg <750ppm metals. 5. Alum, gypsum, lime, sulfur, or phosphate sludges. 6. Wastes listed in section 66261.120 which meet the criteria and requirements for classification as special waste. 7. Special wastes, except asbestos, which have been classified as special wastes pursuant to section 66261.124. 8a. Inorganic acid or alkaline wastes. 8b. Corrosive waste from regeneration of ion exchange residues (used to demineralize water-section 25201.13). 8c. Acid or alkaline wastes corrosive due to presence of food products AND generated by SIC group 20 (HSC 25201.5). 8d. Acid or alkaline wastes from laboratory conducting treatment pursuant to HSC 25200.3.1 8e. Acid/alkaline wastes from biotechnology manufacturing or process by SIC subgroups 283,2833,2834, 2836, 8731, 8732, 8733 (HSC 25201.15).
  126. 126. NHY 126 Tiered Permitting Wastestreams-cont’d 9. Soils contaminated with metals. 10a. Used oil, unrefined oil waste, mixed oil, oil mixed with water or oil/water separator defined in HSC 25250.1 10b. Oil mixed with water Or oil-water separation sludge. 10c. Used oil mixed with water, hazardous only because of oil content, excluding contaminated groundwater containing gasoline, or >2% diesel. 11a. Containers <110 gallon capacity 9no wod, paper, cardboard, fabric or other absortive material). 11b. Aerosol cans. • Resins. • Photographic wastes. • Dry cleaning wastes (hazardous solely due to perchloroethylene content). • Commercial laundry facility (HSC 25144.6). 16a. Laboratory waste (HSC 25200.3.1). 16b. Quality Control or Quality Assurance laboratory [HSC 25201.5©(8)] 17. Wastestream/technology combination certified by DTSC [HSC 25200.3(a)(10), 25201.5©(9)] 18. Technology certified by DTSC [HSC 25200.1.5, 25201.5©(10)]. 19. Consolidation from remote sites.
  127. 127. NHY 127 Basis For Not Needing A Federal Permit [40 CFR 261.4, 261.5 261.7, 264.1, and 270.1 and on the notification form (last page] 1. The hazardous waste being treated is not a hazardous waste under federal law although it is regulated as a hazardous waste under California state law. 2. The waste is treated in wastewater treatment units (tanks), as defined in 40 CFR Part 260.10, and discharged to a publicly owned treatment works (POTW)/ sewering agency or under an NPDES permit. 40 CFR 264.1(g)(6) and 40 CFR 270.2. 3. The waste is treated in elementary neutralization units, as defined in 40 CFR Part 260.10, and discharged to a POTW/sewering agency or under an NPDES permit. 40 CFR 264.1(g)(6) and 40 CFR 270.2. 4. The waste is treated in a totally enclosed treatment facility as defined in 40 CFR Part 260.10; 40 CFR 264.1(g) (5). 5. The company generates no more than 100 kg (approximately 27 gallons) of hazardous waste in a calendar month and is eligible as a federal conditionally exempt small quantity generator. 40 CFR 260.10 and 40 CFR 261.5. 6. The waste is treated in an accumulation tank or container within 90 days for over 1000 kg/month generators and 180 or 270 days for generators of 100 to 1000 kg/month. 40 CFR 262.34, 40 CFR 270.1(c)(2)(i), and the Preamble to the March 24, 1986 Federal Register. 7. Recyclable materials are reclaimed to recover economically significant amounts of silver or other precious metals. 40 CFR 261.6(a)(2)(iv), 40 CFR 264.1(g)(2), and 40 CFR 266.70. 8. Empty container rinsing and/or treatment. 40 CFR 261.7. 9. Other: Specify:___________________________________________________________________________________ _____________________________________________________________________
  128. 128. Tier Determination: Flowchart Aqueous Waste with metals Aqueous Waste with metals Ion Exchange pH Adjust Electrowinning Metalic Replacement Precipitation or Crystalization Ion Exchange pH Adjust Electrowinning Metalic Replacement Precipitation or Crystalization Phase SeparationPhase Separation <55 gal/mo/facility >55 gal/mo/fac. <1400 ppm >1400 ppm CA PBR CESQT DTSC 128
  129. 129. DTSC 129
  130. 130. NHY 130
  131. 131. NHY 131
  132. 132. Different Operating Rules • CE: Generator requirements plus only treat in containers or tanks, notify CUPA, keep logs of inspections and treatment, write treatment operating instructions, close properly, and notify CUPA when closing. • CA: CE rules plus -- • Financial Assurance for Closure • Corrective Action-HSC 25205.14 • Phase I Environmental Assessment + Cleanup PBR: CA + • Written closure plan • Unit (s) identification & marking • PE certification of closure Useful fact sheets describing each tier are available at DTSC’s website. Visit DTSC 132
  133. 133. What If I Am Not Sure About My Treatment Activity? • Contact CUPA • Use Flowchart to determine tier and waste-stream • If CUPA ask you to obtain an authorization, then use Tiered Permitting pages of Unified Program Consolidated Form • Notify CUPA of any changes and closure DTSC 133
  134. 134. California UWR - Wastes (1) Batteries (2) Electronic devices (3) Mercury-containing equipment (4) Lamps (including, but not limited to, M003 wastes) (5) Cathode ray tubes (6) Cathode ray tube glass (7) Aerosol cans, as specified in Health and Safety Code section 25201.16. DTSC 134
  135. 135. What Is The Universal Waste Rule? 1. Special management standards - separate from the general hazardous waste standards 2. For “universally” generated hazardous wastes rather than industrial hazardous wastes 3. Universal wastes are different in: Quantity generated (high) Number of generators (almost everyone) Potential for harm 4. Protective of public health and the environment 5. Cost Effective DTSC 135
  136. 136. California UWR - General Universal wastes are: Wastes – they are discarded by disposal or being recycled [Definition of Waste: HSC, section 25124] Hazardous wastes – they: Are listed as hazardous wastes [22 CCR section 66261.9] or Exhibit a characteristic of a hazardous waste [22 CCR section 66261.20 et seq.] Designated as universal wastes in regulations or statute DTSC 136
  137. 137. Universal Waste Regulations and Statutes •Universal Waste Regulations: •Title 22, California Code of Regulations, Chapter 23 (section 66273.1 et seq.) •State law •Aerosol cans: Health and Safety Code section 25201.16 •Mercury Containing Motor Vehicle Light Switches: Health and Safety Code section 25214.5 DTSC 137
  138. 138. California UWR - Standards 1. Handlers • Generators-The person that decides to discard the universal waste [Households, Businesses, organizations, load check programs] • Intermediate accumulation facilities [Household hazardous waste collection centers, Commercial universal waste collection firm, Lighting contractors, Load check program storage area] • Special rules for Aerosol Cans • Special rules for Electronic Devices • Special rules for CRT Materials 2. Transporters 3. Destination facilities • Hazardous waste disposal facilities • Hazardous waste recycling facilities DTSC 138
  139. 139. California UWR– Standards •Prohibitions •Notification •Waste Management •Labeling/Marking •Accumulation Time Limits •Training •Response to Releases •Offsite Shipments •Tracking Shipments •Exports DTSC 139
  140. 140. Standards for UW Handlers •Prohibitions: •Do not dispose (directly to land or trash) •Do not treat, except as allowed in the UWR DTSC 140
  141. 141. Standard Requirements- Universal Waste Handler oNotifications/Reporting to DTSC Before accumulating 11,000lbs of universal waste, must obtain either: US EPA ID# - RCRA Hazardous Waste CAL EPA ID# - non-RCRA Hazardous Waste  Form 1358 One time notification, per site (location) No additional Notifications/Reporting for universal waste except for E-waste DTSC 141
  142. 142. Standards for UW Handlers •Waste management Most universal wastes must be destined for an authorized recycling facility or be handled as a hazardous waste •Properly contain wastes •Prevent any releases •Clean up releases, properly manage residuals •Treat only as allowed for specific types of universal waste •Offsite shipment only to a UWH or a Destination Facility DTSC 142
  143. 143. Standards for UW Handlers •Waste management: allowed treatment •Batteries: Sorting, mixing, discharging, disassembling battery packs, removing, regenerating, draining electrolyte •Thermostats: Removing ampoules •Mercury switches: Removing from vehicles/products •Thermometers: None •Aerosol cans: Puncturing and draining – only on- site or by a household hazardous waste collection facility [more later] •Pressure/vacuum gauges: Onsite draining DTSC 143
  144. 144. Standards for UW Handlers •Waste management: allowed treatment •Novelties: Removal of mercury batteries and switches •Counterweights/dampers: None •Dilators and weighted tubing: None •Flooring: Removal •Gas flow regulators: Removal •Electronic devices: Disassembly; Crushing, breaking, screening, separation by size •CRT materials: Crushing, breaking, disassembly, screening, separation by size DTSC 144
  145. 145. Standards for UW Handlers Treatment of UW Lamps • Only removal from a product or structure “in a manner designed to prevent breakage” • Crushing is considered treatment requires a Standardized Permit • Crushed lamps are not universal waste Lamps that are incidentally broken may be managed as universal waste provided they are repackaged in a closed, structurally sound, compatible container that is in good condition. DTSC 145
  146. 146. Standards for UW Handlers Labeling/marking Use required labeling language “Universal Waste _______” Accumulation Time Limits One year Document the accumulation start date Labels on containers Labels on individual wastes Inventory system Label near universal waste DTSC 146
  147. 147. 147147 Personnel TrainingPersonnel Training •One standard for all handlers •Includes who will be trained, content of training, frequency, and documentation •Applies to “personnel,” not “employees” •Different requirements for personnel who generate universal waste and those who receive it from offsite sources DTSC 147
  148. 148. Personnel Training Handlers must train all personnel annually Including hazards associated, location of storage containers, responding to releases, additional requirements for handlers (labeling, accumulation limits, etc.) Included all personnel (not just employees) who handle universal waste from offsite Maintain records of training (3 years) Including names, date of training, etc. DTSC 148
  149. 149. Respond to Releases Immediately respond Determine if residuals are hazardous waste Residual hazardous wastes from universal waste may be manage as universal wastes if segregated and properly contained (repackaged) DTSC 149
  150. 150. Standard Requirements- Universal Waste Handler oOff-site Shipment Only send universal waste to another universal waste handler, destination facility or foreign destination Comply with applicable DOT regulations when transporting Ensure receiving handler, destination facility or foreign destination agrees to accept Responsible for shipments that are declined DTSC 150
  151. 151. Standard Requirements- Universal Waste Handler oTracking Shipments Keep record of shipments received/sent using log, manifest, bill of lading, etc. Included name, quantities, address, date received Use only “household” or “CESQUWG” instead of name and address for these entities Keep on-site for at least 3 years DTSC 151
  152. 152. (Additional) Standard Requirements for E-Waste oUniversal Waste Handler (generating on-site only): Over 11,000lbs of e-waste  Submit annual report to DTSC (Feb 1) oUniversal Waste Handler (accepting off-site) Notify DTSC 30 days before collecting e waste at any location (including collection events) Submit annual report to DTSC by Feb 1, for the last years activity for each location that accepts over 220 lbs of e waste Notify DTSC 60 days before exporting (additional requirements for CRTs, CRT devices, CEDs) DTSC 152
  153. 153. Photovoltaic Modules (PV) • PV is a device consisting of photovoltaic cells designed to convert solar radiation into electrical energy. • Includes parts - metal frames, junction boxes, batteries, inverters, wires, and cables • On October 1, 2015, SB 489 was enacted to add section 25259 to HSC, Division 20, Chapter 6.5, Article 17, which authorizes the Department to adopt regulations to designate end-of-life photovoltaic modules that are identified as hazardous waste as a universal waste and subject those modules to universal waste management. • Will become universal waste by the end of the year • Regulated separately from e-waste, but similar requirements apply • Are not part of the CEW Program • It remains unclear who will inspect PV module handlers 153DTSC
  154. 154. UW questions • Rita Hypnarowski • DTSC EERD • E-Waste Team Leader • Senior Environmental Scientist (Specialist) • 916.255.6618 • DTSC 154
  155. 155. 3 MAJOR GENERATOR IMPROVEMENT RULES PROVISIONS 1. Reorganization 2. Hazardous Waste Determinations (§ 262.11) 3. Hazardous Waste Counting (§ 262.13) 4. VSQG Requirements Episodic Generation (part 262 subpart L) Consolidation of VSQG Waste at LQGs (Same Company) (§§ 262.14 & 17) 5. Marking and Labeling (throughout generator regulations) 6. Satellite Accumulation Areas (§ 262.15) 7. SQG Re-notification (§ 262.18) 8. Drip pads and containment buildings (§ 262.16) 9. Emergency planning & preparedness (§ 262.16 & part 262 subpart M) 10. 50-foot waiver (§ 262.17) 11. Reporting and Recordkeeping (§ 262.41) 12. Closure (§ 262.17) 13. Additional Clarifications DTSC NHY 155
  156. 156. The hazardous waste generator improvement rule does not take effect in California until DTSC adopts it To retain state authorization, DTSC is required to adopt those provisions within the rule that are more stringent. We are currently working on a Section 100 rulemaking to adopt the mandatory requirements to maintain our state authorization from EPA to implement RCRA. DTSC may adopt provisions that are less stringent or neither less nor more stringent, but is not required to DTSC will provide periodic updates on the progress with the rulemaking – check DTSC webpage. DTSC encourages all interested parties to subscribe to the GIR E-List. GIR UPDATES DTSC NHY 156
  157. 157. Does the Generator improvement rule automatically take effect federally? Does it automatically take effect in California ? N o May 30, 2017 Ye s Does it automatically take effect in California ? No June 1, 2017 July 1, 2018 Does it automatically take effect in California ? No July 1, 2019 DTSC NHY 157
  158. 158. Why There Are Inspections? To assure that the law and regulations are being followed properly. To assure that the treatment, storage, disposal, generation and transportation of hazardous waste are being properly maintained and managed. To evaluate the adequacy of the enforcement agency inspection& enforcement program. Different types of inspections have different purposes (e.g., complaint, sampling, permitting, groundwater monitoring, etc.). DTSC 158
  159. 159. What The Inspector Will Look For? Shipping documents Inspection logs Waste determination Labeling and accumulation time Contingency plan Training records Annual/Biennial Reports Container/Tank management Operating records SB 14/Waste Min. program Recyclable Materials Report (UPCF) and related documentation Secondary containment Permit/Authorization Fee payment Financial assurance documents Closure/post-closure DTSC 159
  160. 160. What Are The Types Of Inspections? Routine Inspection - Checks all aspects of a facility's hazardous waste operations for compliance with all applicable regulatory requirements. Limited Inspection – Checks one or few aspects of a facility's operation. Response to Complaint Search or inspection warrant Agency’s initiative New regulated hazardous wastes Variance verification Land disposal restrictions Comprehensive groundwater monitoring evaluation Others DTSC 160
  161. 161. What To Do To Be Prepared For Inspection?  Establish procedures for dealing with inspection  Files review & control access  Prepare the answers for any expected questions  Coordination  Utilize any available tools (e.g, checklist, guidance, policy)  Know the applicable State law & regulations  Know the inspector’s role and responsibility  Documentation of decisions/determination  Prepare your questions/issues  Don’t let time drive you  What do you want the inspector to see? (landscape, employees, clean site, etc.)  #General_Information DTSC 161
  162. 162. What If The Inspector Find Violations? Types of violations Proving violations Summary of Violations (citation, description, actions to correct each violation, and time) Unresolved issues Corrected violations Minor Violations/Notice to Comply (25117.6, 25187.8) Inspection report [60 days-25185( c)(2)(A)] Operator’s response Report of Violation DTSC 162
  163. 163. TYPES OF VIOLATIONS •Classes of Violations - “Class I violation” - 25110.8.5 - “Class II violation” – 66260.10 - “Minor violation” – 25117.6 •Types of Violators “Significant Non-Complier” •The type of violation, in most respects, drives the type of enforcement DTSC NHY 163
  164. 164. Types Of Violations •Three different types or classes of violations •Class I •Class II •Minor (a subset of Class II) •The type of violation, in most respects, drives the type of enforcement DTSC 164
  165. 165. Enforcement Overview D A , C C o r A G C rim in a l C iv il O rd e r A d m in is tra tiv e S u m m a ry o f V io la tio n s C la s s I H S C 2 5 1 1 0 .8 .5 O rd e r A d m in is tra tiv e S u m m a ry o f V io la tio n s C la s s II T 2 2 , 6 6 2 6 0 .1 0 R e tu rn to C o m p lia n c e A lle g a tio n F a c ts C o rre c tio n N o tic e to C o m p ly M in o r H S C 2 5 1 1 7 .6 V io la tio n n o te d DTSC 165
  166. 166. Penalty Calculations For Administrative Actions HSC, Section 25187(a)(1): Authorizes the department and certain local agencies to impose a penalty for any violation of the Hazardous Waste Control Laws. HSC, 25187(a)(4): Factors when calculating a penalty [e.g., Nature, circumstances, extent & gravity of violation, violator’s efforts to prevent, abate, or clean up conditions posing a threat to public health or the environment, violator’s ability to pay, etc.] Penalties are calculated using the procedure identified in title 22, CCR, Chapter 22, Article 3. Assessment of Administrative Penalties [Sections 66272.60 - 66272.69]. DTSC 166
  167. 167. Determination Of Initial Penalty Matrix (In Dollars) Section 66272.62 DTSC 167 •2nd Re-adoption – Determining the Initial Penalty for Each Violation (Amending Section 66272.62) Effective Date: 04/03/19 Expiration Date: 07/03/19
  168. 168. NEW LAW DTSC 168
  169. 169. What Happens During An Enforcement Action? DTSC and Respondent negotiate. – If successful, settlement order signed – If unsuccessful, case is filed and we go to hearing (either court or administrative) • Majority of cases settle without formal proceeding (Court or OAH). DTSC 169
  170. 170. DTSC Enforcement Cases • DTSC posts on its Web site key documents related to entities that manage hazardous waste (generators; transporters; facilities permitted with RCRA or standardized permits; and other authorizations and notifications). • Check the Hazardous Waste Management Project documents list, Site Cleanup Project documents list, or EnviroStor • DTSC 170
  171. 171. Health & Safety Code, 25189.2(c) • A person who disposes, or causes the disposal of, any hazardous or extremely hazardous waste at a point which is not authorized according to the provisions of this chapter is liable for a civil penalty of not more than seventy thousand dollars ($70,000) for each violation and may be ordered to disclose the fact of this violation or these violations to those persons as the court . . . may direct. • AB245 updated penalties from $25K to $70K effective January 1, 2018. DTSC 171
  172. 172. Remember….. Just because you have shipped the hazardous waste off your site and it is no longer in your possession, your liability has not ended. You are potentially liable under Superfund for any mismanagement of your hazardous waste (e.g., illegal disposal to the sewer which could lead to ground water contamination) The Manifest will help you to track your waste during shipment and make sure it arrives at the proper destination. Reducing your hazardous waste means saving money on raw materials and reducing the costs to your business for managing and disposing of your hazardous wastes. If you are looking for alternatives, check the web on the “Best Environmental Practices for specific sector” DTSC 172
  173. 173. How To Get Help? New DTSC Website (800) 72TOXIC (1-800-728-6942) or visit assistance-office/ DTSC Hazardous Waste Management hazardous-waste/ CUPA -; State Regulations: State Statute: California Compliance School: 1-800-337-1422 DTSC 173
  174. 174. Is It Complicated??? DTSC 174