Hazardous Waste Overview
Federal Regulation 40 CFR Part 260
State Regulation 10 CSR 25-5.010
EXECUTIVE SUMMARY
The Environmental Protection Agency (EPA) regulates hazardous waste under The Resource Conservation and Recovery Act (RCRA) which was passed in 1976. In 1984, the Act was expanded through Amendments, with three main goals, 1.) Protect human health and the environment, 2.) Reduce waste and conserve energy and natural resources, and 3.) Reduce or eliminate the generation of hazardous waste as quickly as possible. RCRA is a “Cradle-to-grave” regulation of hazardous waste management (Subtitle C). What this means for Missouri Electric Cooperatives (MECs) is that from the moment a MEC creates or generates a hazardous waste, they are responsible for the waste forever. This is why it is important that MECs ensure hazardous wastes are disposed of with a reputable disposal facility. Missouri received RCRA authorization from the EPA allowing the Missouri Department of Natural Resources (MDNR) to administer and enforce the state’s hazardous waste management rules. The Missouri Hazardous Waste Regulations are under 10 Code of State Regulations (CSR). As a hazardous waste generator, industries can be classified as one of three levels of generators. Conditionally Exempt Small Quantity Generator (CESQG), Small Quantity Generator (SQG), and Large Quantity Generator (LQG). MECs usually operate in the CESQG status and should always strive to remain in this classification.
DEFINITIONS
Conditionally Exempt Small Quantity Generator (CESQG) (This is typical for most MEC’s): Cooperatives generating or accumulating very small amounts of hazardous wastes and may be exempt from many, but not all, of the generator standards. A cooperative is a CESQG if it meets all the following conditions:
- Generates 100 kilograms or less (approximately 220 pounds) of hazardous waste in one calendar month
- Accumulates 100 kilograms or less (approx. 220 pounds) of hazardous waste at any one time.
- Generates 1 kilogram or less (approx. 2.2 pounds) of acute hazardous waste (think of older expired herbicides) at any one time.
Small Quantity Generator (SQG):
- Generates more than 100 kilograms, but less than 1,000 kilograms (2,200 pounds or approximately five 55-gallon drums) of hazardous waste in one calendar month
- Generates less than 1 kilogram of acute hazardous waste in one calendar month
- Accumulates less than 1 kilogram of acute hazardous waste and less than 100 kilograms of cleanup residues from the cleanup of a spill of an acute hazardous waste at any one time.
Large Quantity Generator (LQG):
- Generates 1,000 kilograms or more of hazardous waste in one calendar month
- Generates or accumulate more than 1 kilogram of acute hazardous waste or more than 100 kilograms of residue from cleanup of a spill of an acute hazardous waste.
Solid Waste: A solid waste is any discarded material that is not explicitly excluded in the regulation by a variance or non-waste determination
- The key is that the material is “discarded” by being:
Abandoned
Recycled
Inherently waste-like - Can be garbage, refuse, sludge, or any other discarded material
- Can be liquid, contained gas, sludge, or solid
Hazardous Waste- Is a solid waste that exhibits one or more hazardous characteristics which includes:
- Ignitability
- Corrosivity
- Reactivity
- Toxicity
IDENTIFYING WASTE
The first step to any hazardous waste program is to determine if the product the cooperative is disposing of is a solid waste. If it is not a solid waste, then the material is not subject to RCRA Subtitle C regulation. Wastes are considered hazardous if they meet one or both of the following criteria:
- Name of the substance is included on any of the hazardous waste lists found in the regulations
- The waste exhibits any one or a combination of the following four characteristics:
Toxic - A waste is toxic if when tested using the Toxicity Characteristic Leaching Procedure, the extract from the representative sample of the waste contains any of the contaminants included in the EPA D-Listed Hazardous Waste Table at concentration equal to or greater than the listed Regulatory Level.
Reactive - A waste is reactive if the waste is normally unstable, reacts violently with water, has explosive potential or is capable of releasing poisonous gases
Ignitable - A waste is ignitable if the waste material is a liquid that has a flash point of less than 140 degrees Fahrenheit., or a solid that catches fire easily and burns so rapidly that it creates a serious health hazard.
Corrosive - A waste is corrosive if the waste material is a liquid that has a pH value less than or equal to 2.0 or greater than or equal to 12.5.
If unable to identify the waste materials using these methods, seek assistance from your chemical supplier or reference the Safety Data Sheet (SDS). This will help determine if any of the material used in the process contain hazardous materials. Sometimes a cooperative may need to submit a representative sample of the waste to a reputable laboratory for testing. As a cooperative it is important to retain all records of any results obtained for determinations even if the waste is determined to not be hazardous, retain this information for proof to support disposal decisions. MDNR has more information on determining a hazardous waste here.
Universal Waste:
The Universal Waste Rule (UWR) was designed to give generators of certain types of hazardous wastes an option to manage those wastes under less stringent UWR requirements rather than by the more stringent existing hazardous waste regulations. This helps reduce the burden on MECs that generate common hazardous wastes and encourage collection, recycling and proper disposal of these wastes. Wastes that can be managed as a Universal Waste includes:
- Batteries
- Pesticides
- Mercury containing equipment
- Mercury containing lamps
Typically, MECs are small quantity universal waste handlers and accumulate less than 11,000 pounds of universal waste. It is each MEC’s responsibility to maintain shipment weight records to document that they do not exceed the 11,000 pounds threshold. This only applies to wastes that are managed as universal wastes. All other hazardous wastes are calculated separately and determine the generator status of each MEC. More details on Missouri Universal Waste Regulations can be found here. One thing to note is that Universal Waste does require annual training for employees that handle or manage this waste, regardless if the MEC is a CESQG. Also see the Universal Waste section of the ECAM, found here.
WHAT CAN ELECTRIC COOPERATIVES GENERATE THAT WOULD POTENTIALLY BE HAZARDOUS WASTE?
Normal operations for cooperatives keeping reliable and affordable power available to our members can make it tough to pinpoint where a hazardous waste may be generated. Some common areas that may contain hazardous wastes include, but are not limited to:
Maintenance Shop:
- Solvents (Automotive (Parts Washers), painting, cleaning etc.)
- Solvent wipers and rags
- Paints
- Mercury containing light bulbs and equipment
- Fluorescent light ballasts
- Lead acid batteries, NiCad batteries, Lithium batteries, etc.
- Fuels
- Oils and Used Oils (If mixed with a RCRA regulated material)
- Lubricants (Penetrating oils)
- Aerosols
- Are you collecting used oil from members or employees without sampling and completely verifying the material’s source?
Vegetation Management Shop
- Pesticides (Herbicides)
- Oils and Used Oils (If mixed with a RCRA regulated material)
- Fuels
- Surfactants
- Paints
- Lubricants (Penetrating Oils)
- Aerosols
Custodial Closet:
- Cleaning Solvents
- Solvent Wipes
- Aerosols
- Paints
- Fluorescent light ballasts
- Mercury containing bulbs
IT Department
- Batteries
- Electronic Wastes
- Aerosols
Corners/Under staircases
- Stored bulbs
- Electronic Waste
There may be other areas that each cooperative recognizes they generate a hazardous waste and each cooperative must ensure that when these wastes are generated, they remain compliant with Hazardous Waste Regulations.
GENERATOR STATUS
Conditionally Exempt Small Quantity Generator (CESQG)
As mentioned, MECs under normal conditions operate as CESQG’s and every cooperative should strive to remain under this designation. As a CESQG, an MEC is not required to perform annual training on hazardous waste, but you are required to perform annual training on Universal Waste.
Episodic Generator Status
Circumstances may occur where a MEC experiences a one-time hazardous waste generation event where they may exceed the CESQG threshold. This could be a result of a change in herbicide product or another product line, a product recall, spill cleanup, inventory clean-out or another similar event. When this occurs, and a cooperative exceeds their CESQG threshold and generates or stores over 220 pounds of hazardous waste, then that cooperative must register as either an SQG or LQG, depending on how much hazardous waste was generated or stored. The cooperative must then follow the regulations for the generator category including submitting the Generator’s Hazardous Waste Summary Report form. After the one-time generation event and the waste is moved offsite, the cooperative can choose to return to their CESQG status, as long as they no longer generate or accumulate at the higher level; however, hazardous waste fees will apply to the waste generated during the event. The notification to MDNR for the desire to return to a CESQG status, can be done through a cover letter when submitting the summary report.
Small Quantity Generator (SQG)
Circumstances may happen where a cooperative may exceed the 220-pound threshold, making the coop an SQG. MDNR has created a Small Quantity Generator Handbook linked here. This handbook outlines the steps required for registering the facility, reporting requirements, management, transporting, and disposal. Additionally, if a facility finds themselves classified as an SQG, here is a link to a helpful checklist of inspections.
Large Quantity Generator (LQG)
LQG’s have the greatest regulatory burden, with required quarterly reports. Generating or accumulating more than 2,200 lbs. of hazardous waste in a calendar month, LQG’s also present the most risk, however historically, this has not applied to MEC’s.
Labeling
As a CESQG, a coop is not required to label containers to compliance standards. However; it is the best industry practice to follow proper labeling for both safety and environmental due diligence reasons. MEC’s ARE required to properly label Universal Wastes and it is not difficult to properly label both Hazardous Wastes and Universal Wastes.
Key items for labeling include marking the label with an accumulation start date. The start date is the day, month and year that the coop placed the first drop of waste in the container or moved the container to the primary storage area. Using a commercially prepared “Hazardous Waste Label” for this is the most efficient. Here is a link to Amazon containing these labels, as well as “Universal Waste” labels if needed. Below are some examples of properly completed labels for both Hazardous and Universal Waste, as well as, a link to EPA Waste Code numbers for reference:
Figure 1: Hazardous Waste Label
Figure 2: Universal Waste Label
RECORDKEEPING
CESQG
One of the many benefits of ensuring your cooperative is classified as a CESQG is the flexibility provided for recordkeeping. As a CESQG, the cooperative is not required, to maintain hazardous waste manifest records for the last three years like you are as an SQG and LQG. Also, you are not required to provide record of annual training on hazardous waste, but you are required to provide annual training on Universal Waste. Although, as a CESQG, it is good practice to keep your hazardous waste shipping manifests for the last three years but is not required. A CESQG is required however, to keep a generation log. This generation log is used to prove that your cooperative is indeed staying under the 220 lb. threshold and legitimately a CESQG facility. Additionally, as a CESQG, your cooperative is not required to obtain an EPA or MDNR registration number, as well as, the cooperative does not need to provide a quarterly or annual report.
SQG & LQG
Large and small quantity generators must retain registration information and the Generator's Hazardous Waste Summary Reports for at least three years. This information includes your Notification of Regulated Waste Activity form and quarterly or annual reports. The three-year period begins from the initial day of hazardous waste transportation. The Missouri Department of Natural Resources (DNR) may request in writing that you retain records longer. The period of record retention is automatically extended during the course of any unresolved enforcement action regarding the regulated activity. See 10 CSR 25-5.262(2)(D) for more information.
Conclusion
Historically, MECs have operated as CESQG and for reasons outlined in this document efforts to remain CESQG are important. However, should a disposal event put your cooperative outside of the CESQG thresholds, it’s good to know proper guidelines and requirements for an SQG, until the cooperative can return to the CESQG status. While, the CESQG does provide many exemptions, it’s good practice to follow proper storage and labeling guidelines that are requirements under SQG and LQG. This provides the most due diligence for both safety and environmental awareness. This document is not meant to be all inclusive and was designed to address the most common areas that MEC’s encounter for hazardous waste regulations. If your cooperative needs further guidance please contact MDNR’s Hazardous Waste Program at 800-361-4827 or Associated Electric Cooperative, Inc. (AECI)
Environmental Analyst Rob LeForce at 417-371-5652 or rleforce@aeci.org .
Links to Resources
MDNR Solid Waste Management Program
MDNR Hazardous Waste Generator Status Guidance
Missouri Code of State Regulations for Department of Natural Resources
Handbook for Small Quantity Generators
MDNR Managing Pesticide Waste Fact Sheet
Managing Conditionally Exempt Small Quantities of Hazardous Waste