Presented by:

Jenna BricknerADEQ Hazardous Waste Unit1110 West Washington Street

Phoenix, Arizona 85007

602-771-4417

www.azdeq.gov

2018

ADEQ Waste Webinar:

Hazardous Waste Determination

and Generator Status

Civil Rights Program Policy

“ADEQ will take reasonable measures to provide access to department services to individuals with limited ability to speak, write, or understand English and/or to those with disabilities. Requests for language interpretation services or for disability accommodations must be made at least 48 hours in advance by contacting: Environmental Justice/Title VI Nondiscrimination Program Coordinator at 602-771-4322 or idb@azdeq.gov

“ADEQ tomará medidas razonables para proveer acceso a los serviciosdel departamento para personas con capacidad limitada para hablar, escribir o entender Inglés y / o para las personas con discapacidad. Las solicitudes de servicios de interpretación del lenguaje o de alojamientode discapacidad deben hacerse por lo menos 48 horas de antelaciónponiéndose en contacto con: Environmental Justice/Title VI Nondiscrimination Program Coordinator at 602-771-4322 or idb@azdeq.gov”

State rules must be at least as stringent as Federal standards

Many of the updates in the Generator Improvements Rule are “more stringent” rules, meaning states will be required to adopt these updates.

Arizona is usually consistent with Federal RCRA standards and does not often propose “more stringent” rules than the EPA.

Arizona has until July 1, 2018 – to adopt the more stringent requirements of the new rule (or until July 1, 2019 if a change to state law is needed).

The state’s program updates will NOTbe enforceable until the EPA approves them.

Government moves slow.

Generator Improvements Rule

Stringency of Final Rule

More stringent: SQG re-notification Identifying hazards of wastes being accumulated & labeling Notification of closure Closure as a landfill for LQGs accumulating hazardous wastes in

containers that cannot meet closure performance standards Biennial reporting for whole year, not just months the generator

was an LQG Biennial reporting for recyclers who don’t store prior to recycling Quick Reference guide for contingency plans

Less stringent: VSQG consolidation Episodic generation Waiver from 50-foot rule

• Resource Conservation and

Recovery Act

• A law passed by congress in 1976

• 40 CFR § 260 – 40 CFR § 273

– Subtitle C

• To ensure hazardous wastes

are managed in an

environmentally-sound manner.

What is RCRA?

RCRA: Hazardous Waste Management

You are responsible: Cradle to Grave

Who Regulates RCRA in Arizona?

Environmental Protection Agency (EPA)Region 9

State of Arizona

Department of Environmental Quality (ADEQ)

EPA Region 9

On Tribal Land

Generators (cradle)-Where the hazardous waste is created

-Hazardous waste is regulated at the point of generation

Transporters

-Move hazardous waste off-site

Treatment, Storage, and Disposal Facilities (TSDFs)

-Destination facility where HW is treated, stored,

and/or disposed (grave)

Types of Hazardous Waste Facilities

Waste Determination

Step 1 :

Is it a Hazardous Waste?

1. Determine if the material is a

solid waste

Abandoned

- Disposed, incinerated or burned, treated (but not recycled) or stored

before being disposed

- *If you no longer have a use for it and you will be disposing of it*

Recycled in certain ways

- Depending on what is it (i.e. spent material, sludges, by-products,

commercial chemical products, scrap metal) and recycled by use

constituting disposal, energy recovery/fuel, reclamation, speculative

accumulation (For legit recycling go to CFR 260.43)

Inherently waste-like materials

Military munitions

Waste Determination

Waste Determination

“Is it a waste at this point in time?” – Think of your facility and every type of product, material, and

chemical that is on site, the processes they’re used in, and the outputs from the process.

– Wastes are generally thought to be generated as an output from a process.

– BUT WASTES CAN BE GENERATED AT ANY POINT.

– It could be purposefully generated during a process (e.g. byproduct) or it can be accidentally generated (e.g. spill, leak).

2. Is it excluded?

A) From a solid waste: 40 CFR § 261.4(a)

Examples:

-Domestic sewage

-Spent wood preservatives

-Closed loop reclamation

B) From a hazardous waste: 40 CFR § 261.4(b)

Examples:

-Household hazardous waste

-Agricultural waste

-Special waste (Mining waste & fossil fuel combustion waste)

Waste Determination

Hazardous Waste Exclusions

• Used oil 40 CFR 261.6(a)(4) and 40 CFR 279• Spent Antifreeze if sent to be recycled/reclaimed 40 CFR

261.4(a)(24)• Solvent contaminated wipes 40 CFR 261.4(a)(26)• Empty atmospheric Aerosol cans 40 CFR 261.7(b)(1 and 2) • Used oil filters 40 CFR 261.4(a)(13)• Hazardous Waste that will be recycled 40 CFR 261.6• Hazardous Waste that is reclaimed 40 CFR 261.4(a)(24)

3. Is it a Hazardous Waste?

Characteristic (D-listed) (40 CFR § 261.21-24)

Listed (F-, K-, P-, U-listed) (40 CFR § 261.31-33)

Mixture Rule (40 CFR § 261.3(a)(2)(iv))

The Derived-from Rule (40 CFR § 261.3(c)(2)(i))

Waste Determination

Does it have a HW Characteristic?

– Ignitable (D001)• It is a liquid and has flash point less than 60ºC

(140ºF)

• Not a liquid but causes fire through friction, absorption of moisture or spontaneous chemical changes

• Ignitable compressed gas

• Oxidizer

– Corrosive (D002)• pH ≤ to 2

• pH ≥ 12.5

• Corrodes steel at a rate greater than 6.35 mm per year

Characteristic Wastes

- Reactivity (D003)• Normally unstable and readily undergoes violent

change without detonating

• Reacts violently with water or caustics (causing

explosion, gases, or fumes)

• Capable of detonation (explosives)

- Toxicity (D004-D043)• Exhibits the characteristic of toxicity using the

Toxicity Characteristic Leaching Procedure

(TCLP) Test Method 1311

Just Remember….

I Can Remember That!

Is it a F, K, P, or U Listed Waste?

Ex) Manufacturing and industrial processes and spent solvents

Ex) Iron and steel emission control dust/sludge, Some wastewater treatment sludges, Still bottoms from organic chemical manufacturing

Ex) Discarded or off-spec commercial chemicals, pharmaceuticals & pesticides

• P- List are Acutely Hazardous Wastes More than 2.2 lbs (1kg) place you in LQG status

Safety Announcement!

Don’t forget the Mixture Rule Any mixture consisting of listed hazardous

waste and any other solid waste is still considered to be a hazardous waste

The listed waste code then applies to the entiremixture

Examples: If you mix non-haz rinse water with heavy metal contaminated rinse water it is now all hazardous waste.

or if someone dumps paint with haz constituents on top of all the solid waste in dumpster, everything that is covered in that paint is now hazardous waste.

Waste Determination

Waste Determination

Mixture Rule

Bottom Line: Just don’t mix your hazardous waste with non-hazardous waste. Keep them separate.

Waste Determination

Definition: Any solid waste generated from the treatment, storage, or disposal of a hazardous waste is still a hazardouswaste. (with exclusions)

Purpose: Designed to ensure that wastes that are treated, but which may still pose a threat to human health or the environment, do not fall through the cracks of RCRA regulation.

Remember the Derived-from Rule

Waste Determination

Examples of Hazardous Waste:

Sludges that are produced in wastewater treatment units receiving hazardous waste

Derived-from Rule

Examples of Hazardous Waste:

Spill residues of hazardous wastes

Mixture & Derived-from Rule Exclusions (Therefore not a hazardous waste)

If the listed waste is listed solely for ignitability, corrosivity, or reactivity, and either the waste mixture or the derivative waste does not exhibit any characteristic of hazardous waste, including TCLP toxicity, then the mixture or the derived-from waste is not a hazardous waste.

Examples: Rubber gloves (PPE) or solvent contaminated rags not containing heavy metals

Waste Determination

Waste Determination

Possible waste sources:

– Rinse waters from plating, product preparation/finishing, or battery, vehicle and equipment washing

– Medical waste including; expired, unused, or discarded pharmaceuticals, contaminated PPE, and some biohazardous and chemotherapy waste

– Spent acetone stored before being recycled in a distillation unit

Waste Determination

Possible Waste Sources:

– Excess material from a manufacturing process that is unusable and to be discarded (i.e. coatings, adhesives, metal shavings, overspray)

– Commercial chemical products that may be off-specification, expired, or unusable to your facility, and should be discarded

– Material being evaluated for reuse or recycle rather than for disposal (speculative accumulation, 40 CFR 261.1(c)(8))

Universal Waste

Waste Determination

Universal Waste (40 CFR § 273)

Four Types of Universal Waste:

Lamps – Fluorescent, high intensity discharge, mercury vapor, neon, metal halide, high pressure sodium

Mercury containing equipment –Thermostats, switches

Batteries – lead-acid, others (also see Subpart G),

Pesticides

*Conditionally Exempt Small Quantity Generators have the option of managing universal waste under the §261.5 regulations or as universal waste (§ 273.8)

Waste Determination

Determining Generator Status

Step 2: Counting Hazardous Waste

Generator Status

Generator Status: Episodic Generation

Current Arizona Rule:

• Generator status is determined on a monthly basis

• If a generator goes up in status due to an unplanned event, theyremain the larger sized generator for the entire year.

• Generator’s status can change from month to month based onwaste generated in a particular month

• Generator must comply with the respective regulatoryrequirements

Generator Improvement Rule:

• A new federal rule that is less stringent than Arizona’s current rules

• Allows generators to maintain their existing category provided theycomply with streamlined set of requirements

SQG Less than 13,228 lbs

~ < 30 x 55-gallon containers or

< 1,653 gallons at all times

Or less

VSQG Less than 2,200 lbs

~ < 5 x 55-gallon containers or

< 275 gallons at all times

Or less

Generator Storage Limits (on-site Accumulation Quantity)

– VSQG: No Storage Time Limit <2,200 lbs. on-site at all times

– SQG: <180 days <13,228 lbs. on-site at all times

– LQG: <90 days No Storage Maximum Limit

Generator Status

Does your brain hurt yet?

Call or email us anytime for compliance assistance!!!

HazWasteInspections@azdeq.gov

NEED HELP?

Resources

For email updates from ADEQ: https://public.govdelivery.com/accounts/AZDEQ/subscriber/new

Legacy ADEQ Hazardous Waste’s Website: http://www.azdeq.gov/environ/waste/hazwaste/index.html

Managing Hazardous Waste, a Handbook for Small Businesses (2014) http://www.azdeq.gov/environ/waste/hazwaste/download/managehw.pdf

Fact Sheet: Managing Universal Waste Lamps for Businesses (2014) http://www.azdeq.gov/environ/waste/hazwaste/download/ADEQ_FS-14-10.pdf

For info on the new Generator Improvements Rule:https://clu-in.org/conf/tio/hwgenerators/slides/Generator-Improvements-Final-Rule.pdf

THANK YOU!