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Common RCRA Violations, and Universal Waste Mgt.

at DoD Facilities

Presented by: Rhonda J. Rollins

(404) 562-8664rollins.rhonda@epa.gov

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Overview

RCRA Issues Common to DoD FacilitiesUniversal Wastes

What is their Purpose?What are They?How Do We Manage Them?

CRTs Contact Info Questions

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Common RCRA Regulatory Issues in DoD Facilities

Container Mgt (90 Day Storage and SAAs) Open containersUnlabeled containers – requires “Hazardous Waste” or its contentsContainers not dated

Records Mgt.Inspection Logs – 264.15(d)Contingency Plan – 265.51 thru .54 (include everything, KEEP UPDATED, send out)

Mention -decentralization of professors, -turnover and lack of training of pHD students-retiring professors leaving their accumulated wastes

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Other Common Issues

Used Oil / Universal Waste Mgt. (label & date it!) -273 & 279

Keep in CLOSED containers (esp. lamps)

Waste determination

Be certain that the verbage is Used Oil, not waste oil. All containers (even drip pans must be labeled). Fill pipes used to transfer used oil to a UST are marked “Used Oil”

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Universal Waste Characteristics Four types of Federal universal wastes:

Universal waste categories must be hazardous waste before they can be designated as universal wastes

States can add addt’l universal wastesFlorida recently added pharmaceutical wastes FAC 62-730.186 Universal Pharmaceutical Waste (effective 4/22/07)

From this explanation you can see why there was a need for a rule like the universal waste rule

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Purpose of Universal Waste Rules

The universal waste rule streamlines the hazardous waste regulations by:

reducing barriers to collection programs

reducing complexities

reducing cost of compliance

reduces volume of waste going to landfills or incinerators.

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What are Universal Wastes?

Batteries

LampsLamps

Mercury Containing EquipmentPesticides

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ExamplesWaste Lamps – May include fluorescent, high-pressure sodium, mercury-vapor, metal-halide, high intensity discharge, and incandescent

Batteries – May include Lead-acid, Nickel-cadmium, Lithium, and others

Mercury containing equipment – May include thermostats, barometers, manometers, temperature and pressure gauges, and mercury switches

Pesticides – Resulting from a pesticide recall, or unused pesticides collected as part of a waste pesticide collection program

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Options to Manage These Wastes

Can be managed as Hazardous wastes under 40 CFR 262

OR

Managed as Universal Wastes under 40 CFR 273 (much less stringent)

Note: the rule provides an alternative set of management standards in lieu of more stringent regulation under parts 260-272

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Who is exempt from the Regs?

Households - excluded under §261.4(b)(1)

Conditionally exempt small quantity generator (CESQG) - (<100 kg, 220 lbs, approx. 300 gallons per month)-

exempt under §261.5

Note: These wastes can be managed under the universal waste rule if preferred. EPA encourages voluntary recycling even for exempt entities.

NOTE: Florida does not allow even CESQG to dispose universal waste in landfills.

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Is Military Housing A Household?

It depends….

Facilities (typically maintenance), still responsible for universal waste management.

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Universal Waste Performance Standard (Part 273)

Universal wastes must be managed to prevent releases to the environment (e.g. mercury emissions).

Containment

Labeling

Accumulation

Off site management

Record keeping

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Definition of Universal Waste Handler

A universal waste handler is someone that:generates universal waste, receives universal waste, or accumulates universal waste

A universal waste handler is not:a person who treats, disposes of, or recycles universal waste

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Universal Waste HandlersSQHUWs

Accumulate ≤5,000 kg (11,000 lbs)No EPA ID #Label containersTrain employeesNo shipping records Accumulate no longer than 1 year

LQHUWsAccumulate >5,000 kgMust get EPA ID #Label containersTrain employeesKeep shipping records for 3 yearsAccumulate no longer than 1 year

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Classification

EPAIdentification NumberOn-SiteAccumulationLimitManifest

EmployeeTraining

A universal waste handler who accumulates up to, but not including, 5,000 Kg on-site at any one time (§273.6) Not Required(§273.12)

Less than 5,000 Kg(§273.6)

Not Required(§273.19)

Proper handling and emergency procedures(§273.16)

A universal waste handler who accumulates 5,000 Kg or more on-site at any one time(§273.6)Required(§273.32)

No limit

Not required, but must keep basic shipping records(§273.39)Training geared towards employee responsibilities(§273.36)

SQHUW (part 273 subpart B) LQHUW(part 273 subpart C)

Universal Waste Handler Requirements

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Prohibitions

WasteManagement

Labeling/Marking

AccumulationTime Limit

Response to Releases

Shipments

SQHUW and LQHUW (part 273 subparts B and C)

Disposing of, diluting, or treating universal waste - although some exceptions apply (§273.11 or §273.31)

Must manage universal waste in a way that prevents releases into the environment -specific standards apply to each type (§273.13 or §273.33)

Must label or mark universal waste or containers of universal waste to identify universal waste type (§273.14 or §273.34)

One year unless for proper recovery treatment or disposal (§273.15 or §273.35)

Must immediately contain releases and handle residues appropriately and make hazardous waste determination on material resulting from release (§273.17 or §273.37)Must send universal waste only to other handlers, destination facilities, or foreign destination (§273.18 or §273.38)

Universal Waste Handler Requirements

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What NOT to Do!

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Overview of Universal Waste Regs

Must be containerized (if applicable)

Must be labeled ONE OF THESE ONLY…:

“Universal Waste ______”, “Waste _____”, or

“Used ______.”

Can be accumulated or stored up to one year. Must be able to prove time onsite.

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Overview (cont’d)

Must be shipped to another handler or a destination facility, under DOT shipping regs.

Must clean up and containerize spills/breaks.

Train employees in handling

No hazardous waste manifest needed

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Mercury (Hg)-Lamps, Equipment

Approx. 670 million fluorescent bulbs discarded yearly in U.S. Of these, only about 23% are recycled, leaving 77% to be land filled or incinerated

Hg is:NeurotoxinCan bioaccumulate in tissues

Hg Content1990’s - 4-ft bulb = > 40 mg HgCurrent avg. = 20-22 mg HgLow Hg bulb = 4-9 mg Hg

About 50 tons of mercury from coal-fired power plantsAbout 2-4 tons Hg released from fluorescent lamps. However, number subject to interpretation since studies indicate releases from broken lamps anywhere from 1-80%. The business sector recycles 29%, yet only about 2% of residential lamps are recycled.

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Waste Lamps (usually fluorescent)

Spent waste lamps must be:Stored in containers that are structurally sound, to prevent breakageBoxes must remain closedLabeled “Universal Waste Lamps” or “Waste Lamps,” or “Used Lamps”Stored onsite less than one year (Recommend dating the container, from 1st lamp)Must immediately clean up and containerize broken lamps.

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What about Green Tips?

Green tips still contain mercuryNumerous states ban any mercury containing lamps in landfills, regardless of TCLP.Best to recycle under Universal Waste Rules.If you claim non-hazardous, be ready to prove (e.g. MSDS, etc.) environmentally-safer lamps = Request mercury content info and choose the lowest mercury models

Non-hazardous = 0.2 mgl/L Hg, 5.0 mg/l Pb

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Crushing Lamps - Is it Allowed Under Universal Waste?

NO.

Incidental breakage must be containerized= still universal waste.

Intentional breakage = HAZARDOUS waste. Must manage under 40 CFR 262.

DTC-drum top crusher (may be cheaper to transport). EPA does not have official policy, but some states don’t allow DTCs.

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P2 Options - Lamps

Use mercury-free lighting (e.g. LED or Hg-free high pressure sodium vapor lamps).

Use low-Hg lamps with longest life rating

Extend lamp life by encouraging conservation

Install motion sensors

www.lamprecycle.org – List of lamp recyclers by state, + addt’l info.

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Waste Battery Mgt.Spent batteries must be:

Labeled “Universal Waste Battery(ies)” or “Waste Battery(ies),” or “Used Battery(ies)”Stored onsite less than one year (Recommend dating the container/pallet, from 1st battery)Must immediately clean up and containerize broken batteries.

Note: Lead-acid batteries can also be managed under 40 CFR 266 Subpart G, IF being recycled..

266 doesn’t even require labeling. But easier to utilize under Universal Waste if other products under that to reduce confusion.

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P2 Options – Batteries

Use rechargeable batteries to reduce disposal frequency

Where possible, use solar battery re-chargers to further reduce energy usage (e.g. AA, cell phones, etc.)

www.rbrc.com – Links to collection sites for battery recyclers, Call2Recycle Program

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Mercury Containing Equipment

Includes thermostats, barometers, manometers, temperature and pressure gauges, mercury switches, AND any other equipment that may fail TCLP for mercury

Likely in labs, power plant areas, medical segments, etc.

Mercury switches can be found in all types of items, aside from the more obvious lab and medical devices. They are utilized in vehicles, consumer appliances (such as chest freezers, ranges, etc).

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Examples of Hg Containing Equipment (not all inclusive)

Barometer

Manometer

Mercury switch

Thermostat

Pressure Gauge

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Mercury Handlers (Continued)

All handlers of mercury equipment:

Must package and label the equipment- (e.g. “Universal Waste—Mercury Containing Equipment,”“Universal Waste—Mercury Thermostat(s)”, etc)

May accumulate it on-site for one year.

Must train employees for handling and emergencies.

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Handlers (Continued)

People removing ampules must:

Prevent breakage.Keep removal area ventilated and monitored.Remove the ampule over a container.Transfer spills to a container.Pack removed ampules in a container.

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Pesticides

Store in tank, container or vehicle that prevents spillLabeled “Universal Waste-Pesticides” or “Waste-Pesticides,” or “Used Pesticides”Can accumulate for up to one year

Note: Only pesticides which are suspended or canceled as part of a recall, and unused pesticides collected as part of a waste pesticide collection program are covered by this Rule.

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Recap of Universal Wastes

C.L.D.C.C: Containerize

L: Label

D: Date

C: Contain spills

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CRTs

Effective Jan. 29, 2007CRTs sent for recycling = exempt from 40 CFR 262 or Universal Waste (includes broken & unbroken)

CRTs sent for disposal (e.g. to a landfill or incinerator) = fully regulated as hazardous wastes (assuming they test hazardous)

Cathode ray tubes – in computers, TVs

EPA proposed to add a new section (40 CFR 261.39(a)) which provided that used, broken CRTs sent for recycling would not be solid wastes if they were stored in a building with a roof, floor, and walls, or if they were stored in a container (i.e., a package or a vehicle) which was constructed, filled, and closed to minimize identifiable releases of CRT glass (including fine solid materials) to the environment. Used, broken CRTs destined for recycling could not be speculatively accumulated as defined in 40 CFR 261.1(c)(8). Section 261.39(a)(2) of today's rule specifies that each container in which a used, broken CRT is contained must be labeled or marked clearly with one of the following phrases: ``used cathode ray tubes--contains leaded glass'' or ``leaded glass from televisions or computers.''

In the case of intact CRTs, packaging or storage in a building is generally not necessary to minimize releases to the environment, since the CRTs are contained in their housing. However, if prolonged storage outdoors renders the CRTs unfit for recycling, they would become solid wastes, subject to full Subtitle C regulation provided they were also hazardous wastes. In addition, the exclusion in today's rule does not affect the obligation to respond to and remediate any releases of hazardous wastes that may occur.

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IF Recycling…40 CFR 261.39

Used, broken CRTs must be:Stored in a building or in a container

Labeled: “Used cathode ray tubes(s)-contains leaded glass” OR “Leaded glass from televisions or computers”

Must also be labeled:“Do not mix with other glass materials”

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Region 4 RCRA Enforcement and Compliance Coordinators

AL: Brian Gross, Alabama (404) 562-8604

FL: Alan Annicella, Florida (404) 562-8610

GA: Parvez Mallick, Georgia (404) 562-8594

KY: William Kappler, Kentucky (404) 562-8498

MS: Lonnie Jenkins, Mississippi (404) 562-8532

NC: Nancy McKee, North Carolina (404) 562-8674

SC: Alan Newman, South Carolina (404) 562-8589

TN: John Goodwin, Tennessee (404) 562-8488

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Questions?Comments?