SPECS 3.16 Miller

Complying with Waste
Management Requirements
in Retail
Presented by
Wade Miller, CHMM, CPEA, Exemplar Global Lead
Auditor
15 March 2016

2016 copyright of convergence consulting LLC
• Hazardous vs Non-Hazardous Waste
• Regulatory Requirements for Waste Management
• Managing Waste Products
• Sending the Waste Products to the Right Place
• Keeping Records
• Reporting Requirements
Agenda

Objectives
• Contractors and Vendors will understand the
operational needs/constraints in managing
hazardous waste at retail locations
• Retailers will engage with vendors on how
they interact with the store’s waste
management processes
• Spur discussions on better collaboration in
managing hazardous waste between retailers
and their vendors.

Where Retail Waste Comes From
1. In-store damage, recalls, clearance, damaged
upon receipt, product expiration.
2. Store Operations: maintenance, instore
equipment, housekeeping
3. Customers: Returns, waste left onsite (trash,
parking lots, others), and recycling.
4. Construction and Remodel: includes re-
lamps, display changes, other renovations.

• When something is no longer going to be used for its
intended purpose, it is considered a waste.
– Products sold on the shelves of retail stores may
not be thrown in the trash when it expires, is
damaged, or otherwise no longer sellable.
– Donation or salvage may be an option, but be
careful: an unusable product sent to a charity or
salvage is considered illegal management of waste.
– Construction waste is subject to the same rules
Waste the Definitions
6

• EPA is the Federal Agency responsible for the
rules governing waste management.
• The Resource Conservation and Recovery Act
(RCRA) Enacted in 1976
EPA and The States
7
source: NOAA
Love Canal and
Cuyahoga River in Ohio:
The use of the Cuyahoga River for
industrial dumping highlighted the need
to ensure that hazardous wastes are not
allowed to be released to the
environment.
States Authorized
to Administer
source: EPA

• Some wastes may have other uses or have
specific exemptions or alternate management
requirements:
• Examples include: Scrap Metal, Used Oil,
Universal Wastes (batteries, lamps, pesticides and
in some states, electronics).
• If a product is not able to be used as a product
and doesn’t meet the exemptions (or special
waste noted above), then it has to be evaluated
to determine if it is hazardous or not.
Waste or Not?
8

• US EPA requires that wastes are hazardous if the waste is:
- Ignitable: flashpoint > 141 Degrees F = D001
- Corrosive: pH < 2 or pH > 12.5 = D002
- Reactive: capable of a violent reaction (water, air, shock)
without an ignition source = D003
- Toxic: Has chemicals present capable of leaching out in
amounts greater than regulatory threshold levels. Must be
tested. Some states have additional criteria. = D004 – D043
- Listed: Some chemicals are known to be inherently
hazardous and so these are simply listed such that the
chemicals, if the sole active ingredient, are considered
hazardous wastes when disposed. = F, U and P Listed
Wastes
Hazardous or Not?
9

• OTC and Pharmaceutical Products may contain
chemicals that cause the discarded product to be
considered acute hazardous waste (counted
against the 1 Kg threshold for LQG):
• Nicotine in gum, lozenges and patches, because
the FDA required it be listed as the active
ingredient, causes products to be acute
hazardous wastes.
• Warfarin is another Pharmaceutical that is acute
by definition.
P-Listed Waste
10

• US EPA has delegated states to regulate
hazardous waste.
• The programs cannot be less strict, nor
inconsistent with Federal Rules
• For example, states that have additional
waste codes include:
State Requirements
11
- Maryland
- Maine
- Michigan
- Minnesota
- Missouri
- New Hampshire
- Oregon
- California
- Colorado
- Connecticut
- Illinois
- Indiana
- Kentucky
- Massachusetts
- Rhode Island
- South Carolina
- Texas
- Utah
- Vermont
- Washington

• Typically 3 categories of hazardous waste generator:
1. < 100 Kg/month = Conditionally Exempt Small
Quantity Generator (CESQG)
2. Between 100 Kg/mo and 1000 Kg/mo = Small
Quantity Generator (SQG)
3. >1000 Kg/month or >1 Kg/month of acute hazardous
wastes = Large Quantity Generator (SQG)
• States may add more categories or use slightly different
names and many do not have the CESQG option.
• The more waste you have, the more training and
reporting requirements you have. – and the more fees
you pay!
Size Does Matter
12

Regulatory
Requirements for
Retail Waste
Management
13

The Rules
14
• Solid and Hazardous Waste Rules found in Title 40 of
the Federal Code of Regulations from section 260
through 370.
• Step 1: Is it a waste?
• Step 2: Is it exempt?
• Step 3: What are its characteristics?
• Step 4: How should it be managed?
• Step 5: Planning for Emergencies
• Step 6: Sending the waste to an authorized facility
• Step 7: Keep Records

• Not all product damaged, expired or taken off the shelf at a
store is waste.
• Every retailer should have a process for employees to follow
in determining:
1) If a product is no longer sellable at the store, what needs to
be done with the product:
a) Salvage
b) Donate
c) Waste
2) If it is a waste, how is it to be handled, marked and stored.
3) How the waste is to be shipped off-site.
4) How records (including training) will be maintained.
Have process for making evaluation
15

Construction Waste
• Construction generates wastes
that must be evaluated. Some
materials that may have unique
management requirements:
– Asbestos
– Lamps and Ballasts
– Electronics
– Display items
– Lead-based paint

Contractors and Change
• Contractors and Vendors should be agreeing with
the retailer on how wastes will be managed
– Can manage using retailer’s program ($$-retailer)
– Can have vendor program ($$-vendor)
• Transportation of hazardous materials
• Training
• Administration
• Identify project wastes and have a plan to
manage them
• Don’t rely on Contractors/Subs to “meet all
environmental laws and regulations.”

1. Once something has been determined to be a waste,
it needs to be stored correctly:
1) In a marked, compatible, closed container
2) In a secure, designated area
3) Inspect the container at least weekly (record)
2. People responsible and who handle the waste need to
be trained.
3. The retailer needs to plan for emergencies.
4. The waste needs to be sent to an authorized
treatment, storage, or disposal facility using an
authorized transporter.
5. Records and reporting need to be managed.
Basic Requirements
18

1. Anyone responsible for handling or managing
hazardous waste must have training.
2. Training should be completed within 60 days of
hire and relevant to the job function.
3. Must include emergency response procedures
4. Additional training needed if:
1. Signing hazardous waste manifests
2. Responding to hazardous waste spills
3. Transporting hazardous waste
Training and Emergency Response
19

• From the regulations:
– Employees must be trained to respond effectively
to emergencies by familiarizing them with
emergency procedures, emergency equipment,
and emergency systems, including where
applicable:
• (i) Procedures for using, inspecting, repairing, and
replacing facility emergency and monitoring
equipment; Fire extinguisher monthly checks, fire alarm
checks, monthly spill kit checks, make sure radios work.
Training (continued)
20

Training (continued)
• (ii) Key parameters for automatic waste feed cut-off
systems; Not Applicable
• (iii) Communications or alarm -systems; Store Radios,
Phones, Alarms and Verbal
• (iv) Response to fires or explosions; Your Store’s Fire
Evacuation Plan
• (v) Response to ground-water contamination
incidents; Not Applicable and
• (vi) Shutdown of operations. Close Store and
Evacuation Plan

• “The owner or operator must maintain the following
documents and records at the facility:
– (1) The job title for each position at the facility related
to hazardous waste management, and the name of the
employee filling each job;
– (2) A written job description for each position listed
under paragraph (d)(1) of this Section. This description
may be consistent in its degree of specificity with
descriptions for other similar positions in the same
company location or bargaining unit, but must include
the requisite skill, education, or other qualifications,
and duties of facility personnel assigned to each
position;
Compliance
22

Compliance (Continued)
– (3) A written description of the type and amount
of both introductory and continuing training that
will be given to each person filling a position listed
under paragraph (d)(1) of this section;
– (4) Records that document that the training or job
experience required under paragraphs (a), (b), and
(c) of this section has been given to, and
completed by, facility personnel.”

• Retail waste consists of a variety of different products,
some of which are not compatible with each other.
– Because retail products are smaller containers, they can
be placed into chemical-resistant baggies to keep
separate and keep from leaking.
– Place bagged product atop or inside another
compatible container to provide secondary
containment.
– Have the containers marked with the words,
“Hazardous Waste” (note that some states, such as
California, Washington and Michigan have additional
marking requirements).
Correct Storage
24

Correct Storage (Continued)
– Have the containers closed and don’t overfill.
– Area should have phone nearby with posting of
emergency coordinators.
– A fire extinguisher and spill clean-up kit should be
available.
– A “no smoking” sign should be posted near the
area.
– The area should have restricted access.
– Inspect the container weekly for evidence of leaks
and corrosion of the containers.

• Segregation of products
• Determination
• Storage and containment
• Labeling
• Storage area requirements
• Emergency equipment
• Inspections.
Management
27

• Products need to be separated according to
hazard
• Example Options include:
• Toxic/Flammable
• Oxidizers
• Corrosive – Basic
• Corrosive – Acid
• State-Regulated
• Have a way to evaluate!
Segregation and Determinations
28
With over
100,000
SKUs, what
goes
where?

• Wastes must be stored in compatible containers
and provided secondary containment if liquids.
• Containers may be either used only in the store,
and the waste is separated and profiled for DOT
transport by a DOT trained person; or
• Containers may be DOT-approved containers and
persons offering to a waste vendor are DOT
trained. This option good for limited waste types.
• Provide containment to hold 100% of the largest
container.
Storage and containment
29

Example of Distribution Center
30

Container Labeling
31
Containers must be labeled with their
contents:
• Hazardous Waste
• Used Oil
• Spent Fluorescent Lamps
• Used Electronics
• Oily Waste
Some states require additional
markings, including waste codes, waste
hazard type, and name/address
Date the container became full must
also be included on the container.

Container Labeling (cont.)
32
Containers of hazardous
waste should be correctly
labeled with their
contents. All containers
should have a generic
description of the
contents. Please note that
the aerosol cans container
should also be grounded.

• “Used Fluorescent Lamps”
• “Used Mercury Lamps” (if in Florida)
• “Used Batteries”
• Thermometers and pesticides may also be
labeled as universal waste, but usually better if
managed as hazardous waste.
• Must be dated with first item added (may not
store for more than 1 year)
• Lamps must be in a closed container
Universal Waste Management
33

Storage area requirements
34
Hazardous Waste Storage areas
must have restricted access,
access to emergency equipment
and means of summoning
emergency assistance
Hazardous Waste Storage areas
Must also be at least 50 feet from
the property boundary

• Employees must be trained in using emergency equipment:
fire extinguishers, spill response equipment and personal
protective equipment.
• Emergency information should be posted near the phone.
• If your store is a Large Quantity Generator, then you must
also prepare and submit a hazardous waste contingency
plan.
• If your store expects employees to clean up larger
hazardous waste spills, you may need to provide training
according to 29 CFR 1910.120.
• Employees are trained in emergency procedures when they
start. An annual refresher helps to manage for change.
• This can be a hands-on training.
Emergency Equipment
35

• Spills and breakage will happen. Clean-up of
hazardous materials, fluorescent lamps, and
batteries should only be done by people who
have been made aware of the potential dangers
and will take measures to ensure that the clean-
up is performed safely and materials are correctly
managed.
• Spills of chemicals can be dangerous and stores
should have a emergency contractor number
available if the spill is more than a consumer
quantity.
Spills and Clean-up
36

• Broken fluorescent lamps should be cleaned up
using dry methods, slowly sweeping the broken
glass and debris to avoid dust. Place the broken
bulbs into a separate puncture-resistant bag and
place with the used lamps for recycling or with
toxic hazardous waste.
• Leaking batteries must be placed into a closed,
acid-resistant container to prevent spillage.
• Nitrile, latex or rubber gloves should be worn and
a dust mask may also be a consideration.
Fluorescent Lamps and Batteries
37

• Hazardous waste storage areas must be
inspected weekly (documented) and
specifically look for signs of leaks and
corrosion of the containers. Some states
require signatures of the person conducting
the inspection.
• Corrective action for any leaks or compromise
of containers or damage to labels should be
taken as soon as possible.
Inspections
38

Sending the Waste Products to
the Right Place
39

Pre-transport Requirements
40

EPA ID Number
• Locations that ship a hazardous waste should
have an EPA ID number.
• Many states allow CESQGs (<220 pounds HW
per month) to be exempt from this
• Be careful! EPA # is by geographic location, so
if shipping from a store that has an EPA ID
number, it must be identified.
• If no owner/operator control by store, then
vendor is responsible!

• You must use authorized hazardous waste
transporters and ship to licensed treatment
storage and disposal companies.
• New York requires that copies of the receiving
facilities ability to accept the hazardous waste
be maintained at the generator location (this
is usually a copy of their permit).
• ALWAYS have a written contract/agreement
with the vendor.
Authorized Vendors
42

• The DOT requires that specific
training be performed for
persons shipping hazardous
materials, including hazardous
waste.
• Hazardous Waste may need to
be repackaged for DOT
transport. This can be very
complicated and technical, so
most retailers have their
vendors perform this function
on their behalf.
Department of Transportation
43

Hazardous Waste Manifest
• The hazardous waste manifest is the document
used to ship hazardous waste
• Universal Wastes, including batteries and
fluorescent lamps do not need to be sent using a
hazardous waste manifest
• Shipments of Hazardous Waste, Used Oil, Oily
Waste, Used Oil Filters, Aerosol Cans and Expired,
Unusable, or Damaged Chemicals should be sent
using a Hazardous Waste Manifest.

Hazardous Waste Manifest (Cont.)
• Item 15: Offeror Certification Statement: “I
hereby declare that the contents of this
consignment are fully and accurately
described above by the proper shipping
name, and are classified, packaged, marked,
and labeled/placarded, and are in all respects
in proper condition for transport by highway
according to applicable international and
national governmental regulations. If export
shipment and I am the Primary Exporter, I
certify that the contents of this consignment
conform to the terms of the attached EPA
Acknowledgment of Consent.”

Signing the HW Manifest
–Whomever is preparing the shipment for
transport (selecting the container,
providing labeling and preparing the
shipment papers is the offerer and
should be signing.
–Many retailers have waste vendors sign
on behalf of the store (authorized in
Appendix to 40 CFR 262)

Recordkeeping and Reporting
47

• Records need to be maintained and available onsite,
typically for 3 years from when the record was created.
• Manifests
• Reports
• Weekly inspection logs
• Other records have 3 year sunset requirements:
• Training records for 3 years past the departure of the
employee
• Waste profiles/determination and land disposal
restriction records for 3 years past when the waste was
last shipped
• Can be maintained electronically
Recordkeeping Requirements
48

• Most states have annual reporting
requirements for SQGs and LQGs. Some states
have requirements for smaller generators, too.
• LQGs have Biennial Reporting Requirement
• Licenses may also be required for some states
• Fees are frequently placed upon generators
and paid annually.
Reporting Requirements
49

Resources for Retailers
50
• https://wercsmart.kayako.com/Knowledgebas
e/List/Index/10/regulatory-information
• http://www.epa.gov/retailindustry/
• http://www.retailcompliancecenter.org/Pages
/default.aspx

• Wade Miller
• wmiller@cc-global.com
• 612.326.5253 |O
• 952.486.9170 |C
Questions and Follow-up
• 5
1

Questions and Follow-up
Wade Miller
wmiller@cc-global.com
612.326.5253 |O
952.486.9170 |C

SPECS 3.16 Miller

Recommended

Recommended

More Related Content

Similar to SPECS 3.16 Miller

Similar to SPECS 3.16 Miller (20)

SPECS 3.16 Miller

Editor's Notes