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4.1 Hazardous
Waste Survey
4.1.2 Determining Your Generator Status
4.2
Registering Your Facility with the Ohio EPA
4.3.2 Waste
Minimization Program
Ohio has fairly extensive regulations covering the management and disposal of waste materials. It is imperative you identify and quantify any wastes generated (i.e. produced) at your facility which meet the definition of "hazardous waste." As a generator of hazardous waste, you must determine your "generator status" (i.e. classification). Understanding your facility’s "generator status" is essential in order for you to identify the components of the hazardous waste regulations which are applicable to your facility. As a hazardous waste generator you are required to:
In order to properly identify the hazardous waste streams generated at your facility, you must conduct a facility wide hazardous waste survey. Once you have identified your hazardous waste streams, you must quantify the amount of each waste generated. Quantifying each waste enables you to determine your generator status, which is the key to identifying additional regulatory requirements (such as registering your facility, labeling hazardous waste containers, inspections shipping waste offsite, reporting, etc.) applicable to your operation. The regulatory process in Figure 4.1 will assist you in working through hazardous waste regulatory requirements. Figure 4.2 Hazardous Waste Regulatory Determination Flow Diagram
4.1 Hazardous Waste Survey Any material that is "discarded, disposed of, recycled, or abandoned" as identified at OAC 3745-51-02 is considered a "waste" in Ohio. In order to identify regulations impacting your facility, as well as opportunities to implement or enhance P2 activities, you should perform a facility-wide waste survey. This survey should:
After you have identified your waste streams, the next step is to determine your generator status. In Ohio, a business generating any volume of waste classified as hazardous is subject to regulation. There is no minimum regulatory threshold. 4.1.1 Identifying a Hazardous Waste In determining if a waste is a hazardous waste, there are three classifications to consider.
The following sections and Figure 4.2 will assist you in understanding and determining if a waste is regulated as a hazardous waste. Each type of hazardous waste is assigned a U.S. EPA waste code dependant upon the waste classification (characteristic and/or listed). A hazardous waste may have more than one waste code. The codes must be included on shipments of hazardous waste for disposal or treatment. Generators should list all applicable waste codes on the manifest when shipping hazardous wastes. Figure 4.2 Hazardous Waste Determination
NOTES: 1. Commercial chemical products, characteristic by-products, and characteristic sludges being reclaimed are not hazardous waste. Any material that is recycled by being used as an ingredient to make a product or as a substitute for a commercial chemical product is not a waste unless it is being burned or applied to the land. 2. Fluorescent lamps are not currently classified as Universal Waste in Ohio, but Ohio EPA is expected to include them in the Universal Waste classification in the near future. Currently, they are considered characteristic by-products when reclaimed. If not reclaimed, they must be evaluated according to OAC 3745-52-11 like any other waste. Characteristic Hazardous Waste There are four types of characteristic hazardous wastes. Determine if any of your facility’s waste streams exhibit any of the four waste characteristics, document your determination. Table 4.1 lists the criteria for determining if a waste is a characteristic hazardous waste. The four types of characteristic hazardous wastes include:
Table 4.1 Criteria for each type of
characteristic wastes
Listed wastes include specific chemicals or production process waste streams. Determine if any of your facility’s waste streams are a listed waste, document your determination. The three types of listed wastes are listed below along with their applicable waste codes and regulatory citation.
The waste codes for the various hazardous wastes categories (listed or characteristic) and applicable regulatory citations are listed below. Table 4.2 Hazardous Waste Codes
Many chemical facilities will collect off-spec materials, process by-products, spilled product, and other chemicals to be re-used, purified, or recycled into the manufacturing process. In some cases, these waste materials may not meet the definition of a waste and are considered Excluded Wastes. You should document your reasoning, and seek legal or regulator counsel to verify your understanding. Unused pesticides, mercury-containing thermostats, fluorescent lamps (not currently classified as a universal waste in Ohio, but Ohio EPA is expected to include them in the near future), and spent batteries are regulated as "universal wastes". Requirements for identifying, managing, and disposing of universal wastes are found at OAC 3745-273. Universal wastes must be disposed by a certified universal waste handler. In addition to waste streams that are not classified as hazardous under the various regulations cited in the previous sections, there are also non-hazardous wastes that can be closely associated with hazardous waste streams, such as drums used for storage and transport of wastes. Drums or containers are classified as "empty" when they have less than one inch of residue or no more than 3% of the original content remaining, unless the container was used for "U" or "P" listed materials. While OSHA requires "empty" drums to retain markings which identify the drum’s chemical contents, any references to your company’s name or address should be removed. When using drums, it is preferable to arrange for your chemical supplier to provide deposit drums, which they will take back for reuse. If you must dispose of empty drums, carefully select a drum reconditioner or metal recycler. Empty drums/containers (i.e. with less than one inch of residue) can be disposed of as "regular" trash, in a dumpster. Ohio EPA supports recycling whenever feasible. Solid Waste is regulated by the Ohio EPA Division of Solid & Infectious Waste Management. The solid waste regulations can be found in OAC 3745-27, 28, 29, 30, 37, and 400. Guidance documents on solid waste requirements can be accessed via the links below: Now that you have identified your hazardous waste streams, you must determine regulatory applicability by quantifying the amount of waste generated on-site and determining your generator status. 4.1.2 Determining Your Generator Status After you identify all hazardous wastes that are produced at your facility, you must evaluate the quantity of hazardous waste generated in a calendar month to determine your generator status. Your generator status is based on your facility’s actual hazardous waste generation in a calendar month, not your average generation. Your generator status is determined by adding all hazardous waste generation rates together to calculate a monthly generation rate, which is then used to compare with the regulatory classification. Although there is a "domestic sewage exclusion" that makes hazardous waste combined with sanitary waste going to a POTW non-hazardous, you are still required to notify your POTW if you discharge hazardous waste into the sanitary sewer. Use the EPA handbook "Understanding the Hazardous Waste Rules-A Handbook for Small Businesses –1996 update" to remove those wastes that you don’t need to count when determining generator status.
Your generator status is based on your facility’s actual generation of hazardous waste and can vary from month to month. The Ohio EPA recognizes three different generator status thresholds. Table 4.3 Generator Categories
4.2 Registering Your Facility with the Ohio EPA SQGs and LQGs must file a Notification of Hazardous Waste Activity (EPA Form 8700-12). You are required to file this form in order to:
The Notification form can be obtained from both the U.S. EPA (EPA Form 8700-12), and the Ohio EPA (Notification of Regulated Waste Activity). The form should be submitted to the Ohio EPA for assignment of an EPA Generator ID number. The Ohio EPA also provides an instruction booklet for completing the Notification Form. The ID number remains associated with a specific physical property address even after a company leaves the site. For more regulatory information concerning the Cessation of Regulated Operations, please reference Section 4.3.4 of this chapter. You should periodically check the rate of your facility’s generation of hazardous waste to determine whether your facility’s generator status has changed. When your facility’s generator status changes, you must notify the Ohio EPA by filing a revised Notification of Hazardous Waste Activity (EPA Form 8700-12). Generators are not required to obtain a hazardous waste permit (Part B permit) unless they exceed specific limitations in the amount of waste they can "accumulate on-site" and the length of time waste can be "accumulated" while awaiting a transporter to collect their waste for disposal 4.3 Applicable Requirements 4.3.1 Managing Hazardous Waste Accumulation Having identified the various hazardous wastes generated at a facility, a generator must turn his/her attention to the task of addressing the generator requirements for handling/managing the waste on-site. These requirements may be divided out into the following clarifications:
Collecting, Handling, and Accumulating (Storing) Hazardous Wastes Depending on the rate of hazardous waste generated, many generators may find it is effective to establish a "satellite accumulation drum" to collect the hazardous waste at its point of generation (OAC 3745-52-34 (C)(1)). As a satellite accumulation drum, the generator is allowed to accumulate up to 55-gallons of hazardous waste or up to one quart of acutely hazardous waste. A satellite accumulation drum must be marked with the words "Hazardous Waste", the date when the drum becomes full, and be kept tightly closed at all times, except when a waste is added or removed. The satellite accumulation drum works well for specific situations where waste is generated in quantities less than 55-gallons at one time and the drum can remain at the point of generation (such as a 55-gallons drum adjacent to a solvent cleaning station where employees can add a small quantity of solvent to the drum after a cleaning activity). Quantities over 55 gallons must be moved to the "accumulation area" within three (3) days (72 hours). In situations where over 55-gallons (or 1 quart of acutely) of hazardous waste are generated at one time, the hazardous waste must be transferred into an accumulation drum and immediately complete the following activities:
After a hazardous waste is generated it is often necessary or cost effective to accumulate one or more containers of waste at the facility prior to on-site or off-site disposal, treatment, or recycling activities. While a "satellite accumulation area" has reduced regulatory requirements, any other "accumulation area"for hazardous waste requires the generator to perform additional management activities. These activities typically address the types of wastes that are stored together, how long the wastes are kept on-site (no longer than 180 days for SQGs or 90 days for LQGs), and the methods used to provide containment for the "accumulation area". The following sections address these requirements. You should use the inspection checklist provided by the Ohio EPA (or a similar checklist) to ensure your facility maintains compliance with all applicable requirements. The "LQG Inspection Checklist" and "SQG Inspection Checklist" and "CESQG Inspection Checklist". As a SQG or LQG of hazardous waste, you are required to ensure all hazardous waste containers are managed properly. All hazardous waste containers must be handled in compliance with the following regulations Table 4.4 Hazardous Waste Container Requirements
CESQGs are not required to follow these requirements. However, it is recommended that they do to ensure sound environmental and safety practices. CESQGs are required to evaluate waste they generate and dispose of their waste properly, at a permitted hazardous waste facility if hazardous.
U.S. EPA is the regulatory agency who enforces subparts AA, BB, or CC in Ohio. LQGs that manage solvent waste in containers greater than 0.1 m3 (26 gallons) with an average volatile organic concentration greater than or equal to 500 ppmw are subject to the air emissions standards for containers found in 40 CFR Part 265 Subpart CC. Containers less than 0.1 m3 are exempt from this regulation. Containers are controlled on three regulatory levels: Level 1, Level 2, and Level 3. Containers storing hazardous waste that are larger than 0.1 m3 (26 gallons) and smaller than 0.46 m3 (119 gallons) are subject to Level 1 controls. Level 1 control requirements can be satisfied by choosing one of the following options:
Containers larger than 0.46 m3 (119 gallons) that operate in light material service are subject to Level 2 requirements. Containers that operate in light material service are used to manage hazardous waste that has one or more of its organic constituents with a vapor pressure greater than 0.3 kPa at 20oC and the total concentration of the pure organic constituents having a vapor pressure greater than 0.3 kPa at 20oC is equal to or greater than twenty (20) percent by weight. A LQG can comply with the Level 2 requirements by:
Containers subject to Level 3 controls are 0.1 m3 (26 gallons) or greater that must remain uncovered for waste stabilization. Level 3 container emissions must be controlled by using one of the following methods:
LQGs and SQGs that accumulate hazardous waste in tanks are subject to Ohio EPA regulations. The following requirements are applicable to hazardous waste accumulation in tanks. Table 4.5 Hazardous Waste Tank Requirements
LQGs that use tanks to store hazardous waste with a volatile organic concentration greater than 500 ppwm are subject to 40 CFR Part 265 Subpart CC air emissions requirements. Tanks are subject to either the Level 1 or Level 2 criteria. Level 1 tanks are those that meet a maximum vapor pressure based on their design capacity, are not heated above the temperature of their maximum vapor pressure, and are not the site of waste stabilization. Level 2 tanks do not meet Level 1 criteria or are not operated under the Level 1 tank criteria.
Level 2 tanks must be:
Facility’s with tanks that are regulated under these requirements must perform daily and weekly visual inspections on all covers, cover openings, control vent-systems, and control devices. Any facility subject to Subpart CC inspection requirements must develop and implement a written plan detailing the inspection and inspection schedule of these regulated units. Additional information regarding 40 CFR 265 Subpart CC air emission requirements can be found by accessing the U.S. EPA Office of Solid Waste Frequently Asked Questions on Subpart CC Emissions Standards. For Subpart CC compliance assistance tools please reference the U.S. EPA’s Office of Enforcement and Compliance Assurance. No one can operate a surface impoundment without a Hazardous Waste Permit. LQGs and SQGs that accumulate hazardous waste in surface impoundments are subject to Ohio EPA regulations. The following requirements are applicable to hazardous waste accumulation in surface impoundments. Table 4.6 Hazardous Waste Surface Impoundments Requirements
Solvent waste stored in a surface impoundment with a volatile organic concentration greater than 500 ppwm is subject to 40 CFR Subpart 265 CC air emissions requirements. Surface impoundments subject to these regulations must be equipped with:
Facility’s with surface impoundments are required to perform daily and weekly visual inspections on all covers, cover openings, control vent-systems, and control devices. Any facility subject to these inspection requirements must develop and implement a written plan detailing the inspection and inspection schedule of these regulated units. Additional information regarding Subpart CC air emission requirements can be found by accessing the Ohio EPA Division of Waste Management at for Subpart CC compliance assistance tools please reference the U.S. EPA’s Office of Enforcement and Compliance Assurance. Generators of Universal waste must comply with Ohio’s universal waste regulations found in OAC 3745-273. Universal waste requirements include:
After accumulating hazardous wastes, generators are required to have the wastes treated or disposed of within a given time period (90 days for LQGs). There are numerous requirements (labeling, manifests, and DOT requirements, etc.) that must be followed when transporting hazardous wastes offsite. The following sections detail the basic requirements for transporting hazardous wastes. Under the hazardous waste regulations, a generator is responsible for its hazardous waste from "cradle to grave." A generator maintains liability for its hazardous waste after it is shipped off-site for disposal. You may be able to protect your facility by selecting reputable waste vendors with sound environmental practices and significant financial assets. Review your waste vendor’s operation, compliance history, and financial strength (i.e. insurance), and ask for customer referrals and information on their longest clients. Be careful of situations where you are a vendors largest customer. If a problem arises and the vendor goes bankrupt, the regulatory agencies could come to you for money to cleanup the site. Reference the Ohio EPA Fact Sheet: Selecting a TSD Facility to Handle Your Hazardous Waste when selecting a Treatment, Storage, and Disposal facility for your hazardous waste by accessing. Preparing Containers for Shipment All SQGs and LQGs of hazardous waste are required to track their waste through the disposal process even after shipment off-site. Every shipment of hazardous waste must have a manifest. The facility’s designated disposal company should provide the proper manifest documents, but it is the generator's responsibility for preparing the manifest prior to off-site shipment. The following are applicable requirements for preparing containers for shipment. Table 4.5 Pre-transport Requirements
Complying with DOT Requirements Samples of hazardous waste sent off-site for the purpose of determining applicability of the regulations are exempt from the hazardous waste regulations. Prior to shipping any hazardous waste off-site, the facility must meet all of the Department of Transportation ("DOT") hazardous material shipping requirements (OAC 3745-52-30 through OAC 3745-52-33), including: Table 4.7 Hazardous Waste DOT Requirements
Providing Training to Employees CESQGs and SQGs are not required to prepare a written training plan or maintain training records. SQG facilities, must however, ensure that all employees are thoroughly familiar with the proper waste handling and emergency procedures, relevant to their responsibilities (OAC 3745-52-34 (D)(5)(c)). In addition, SQGs of Universal waste must train their employees (40 CFR 273) All LQGs are required to provide training to all current and new employees to ensure facility compliance with the required Hazardous Waste Regulations. The training must teach employees hazardous waste management procedures relevant to the employee's position and required emergency responsibilities. The employees must be trained initially within 6 months of their assignment to a position that includes hazardous waste responsibilities, and annually thereafter (OAC 3745-65-16). SQG and LQG facilities are required to train at least one employee as the emergency coordinator- a person able to coordinate emergency response in the event of an emergency. As part of Superfund Amendment Reauthorization Act ("SARA"), OSHA was required to develop additional training standards to protect personnel employed by hazardous waste facilities (29 CFR 1910.20). Additional HAZWOPER training is required for all employees of any hazardous waste facility that:
Employees must take part in the required training before being allowed to perform their designated duties. Preparing for Emergencies, Spills, etc.
Table 4.8 Emergency Equipment
4.3.2 Waste Minimization Program Since the regulatory requirements increase as you generate more hazardous waste, it is advantageous to reduce your waste generation amount. All CESQGs, SQGs and LQGs are required to perform Waste Minimization Activities. LQGs are required to develop Waste Minimization Plans. SQGs are required to make all economically feasible attempts to reduce the hazardous waste generated by their facility. All Hazardous Waste Generators must certify the existence of Waste Minimization Activities at their facility in the Hazardous Waste Manifest each time hazardous waste is shipped off-site. To aid facilities in determining the best plan and activities to adopt for their facilities, the U.S. EPA has developed a Waste Minimization National Plan. Contact the US EPA or visit their website for tools and guidance in adopting Waste Minimization Activities. 4.3.3 Closure Requirements for Large Quantity Generators "Closure" activities must be performed on any LQG hazardous waste facility that closes or stops generating hazardous waste (OAC 3745-66). The requirements set forth for closure activities minimize the need for future maintenance and protect human health and the environment by reducing the possibility of hazardous wastes escaping into the environment. OAC 3745-66-12 lists the requirements for developing a written closure plan. The closure plan must be submitted to the Ohio EPA no later than 180 days prior to closure activities. For more information regarding closure requirements reference the Ohio EPA’s "Guidance on Meeting the Closure Performance Standard for Large Quantity Generators of Hazardous Waste"
4.3.4 Cessation of Regulated Operations Facilities that file SARA 313 Toxic Release Inventory Form R Reports are required to follow the requirements set forth in the Cessation of Regulated Operations (OAC 3745-352) in the event operations are terminated at their facility. Requirements of the Cessation of Regulated Operations Program include:
For more information regarding Cessation of Regulated Operations, reference Ohio EPA’s Division of Hazardous Waste Management. 4.3.5 Testing You are not obligated to test your waste stream(s) by an outside laboratory or service to determine if it is hazardous. However, any records of waste determination received from testing waste samples must be maintained for at least three (3) years from the date of testing. Any testing must be performed in accordance with OAC 3745-52-11.< |
