introduction to hazardous waste regulations - michigan.gov · question/chat box we will record...

Introduction to Hazardous Introduction to Hazardous

Waste Regulations:Waste Regulations:

Paperwork Requirements & Paperwork Requirements &

Inspection Day Inspection Day –– What to ExpectWhat to Expect

Michigan Department of Michigan Department of

Environmental QualityEnvironmental Quality

HousekeepingHousekeeping

�� All lines will be mutedAll lines will be muted

�� Questions can be sent to us via the Questions can be sent to us via the

question/chat boxquestion/chat box

�� We will record webinar and post We will record webinar and post

onlineonline

NADINE M. DEAKNADINE M. DEAK

Sr. Environmental Quality AnalystSr. Environmental Quality Analyst

Kalamazoo District OfficeKalamazoo District Office

[email protected]@michigan.gov

269269--567567--35923592

Introduction to Hazardous Waste Regulations:

Paperwork Requirements & Paperwork Requirements &

Inspection Day Inspection Day –– What to ExpectWhat to Expect

Environmental Assistance Environmental Assistance

Center (EAC)Center (EAC)

Contact: 800Contact: 800--NO2NO2--WASTE (800WASTE (800--662662--9278)9278)

[email protected]@michigan.gov

Hours: 8:00 am to 4:30 pm, Mon Hours: 8:00 am to 4:30 pm, Mon –– FriFri

Compliance Assistance Services Include:Compliance Assistance Services Include:

AirAir Environmental Audit PrivilegeEnvironmental Audit Privilege

WasteWaste Brownfield RedevelopmentBrownfield Redevelopment

WaterWater Site RemediationSite Remediation

Storage TanksStorage Tanks Permit CoordinationPermit Coordination

Do I Need to KnowDo I Need to Know

All of This?All of This?

Hazardous waste regulationsHazardous waste regulations……

Apply to all businesses, including Apply to all businesses, including

municipalities, hospitals, & service municipalities, hospitals, & service

industries, not just manufacturing industriesindustries, not just manufacturing industries

Are written broadly to address hazards Are written broadly to address hazards

posed by all waste streamsposed by all waste streams

Why Cover These Topics?Why Cover These Topics?

Hazardous waste regulations Hazardous waste regulations require each business torequire each business to……

Properly prepare, maintain, and have Properly prepare, maintain, and have available at the time of inspection all available at the time of inspection all documents documents required under RCRA and required under RCRA and

Part 111 rulesPart 111 rules

Keep all documents Keep all documents onon--sitesite for a period of for a period of not less than 3 years from the last date of not less than 3 years from the last date of hazardous waste shipment offsitehazardous waste shipment offsite

PAPERWORKPAPERWORK

REQUIREMENTSREQUIREMENTS

Notification of Waste Activity (Site ID)Notification of Waste Activity (Site ID)

Waste CharacterizationsWaste Characterizations

Manifests & Shipping RecordsManifests & Shipping Records

Land Disposal Restriction Forms (LDRs)Land Disposal Restriction Forms (LDRs)

Waste Area Inspection Documents Waste Area Inspection Documents

Biennial ReportsBiennial Reports

Training RecordsTraining Records

Contingency (Emergency) PlansContingency (Emergency) Plans

NOTIFICATION OF WASTE NOTIFICATION OF WASTE

ACTIVITY (SITE ID)ACTIVITY (SITE ID)

Who must notify:Who must notify:

Hazardous Waste GeneratorsHazardous Waste Generators (CESQG liquids, SQG, LQG,)(CESQG liquids, SQG, LQG,)

Liquid Industrial Waste GeneratorsLiquid Industrial Waste GeneratorsHazardous/Liquid Industrial Waste TransportersHazardous/Liquid Industrial Waste Transporters

Hazardous/Liquid Industrial Waste Receiving FacilitiesHazardous/Liquid Industrial Waste Receiving Facilities

Resource Management Resource Management

Division (RMD) issues Division (RMD) issues

SITE ID number to SITE ID number to

facilities facilities per site per site upon upon

receipt of notification formreceipt of notification form

MANIFESTS & SHIPPING MANIFESTS & SHIPPING

RECORDSRECORDS

Uniform Manifest Uniform Manifest mustmust be used when hiringbe used when hiring

permitted & registered transporter to ship hazardouspermitted & registered transporter to ship hazardous

waste or liquid industrial waste. waste or liquid industrial waste.

Uniform Manifest is not required when using tolling Uniform Manifest is not required when using tolling

agreement, self transporting own liquid industrialagreement, self transporting own liquid industrial

waste with trip log, or using a consolidated manifestwaste with trip log, or using a consolidated manifest..


RECORDSRECORDS

Uniform Manifest exceptions:Uniform Manifest exceptions:

SQG shipping hazardous waste offSQG shipping hazardous waste off--site for reclamation and site for reclamation and

regenerated material is brought back to generator under regenerated material is brought back to generator under

a tolling agreementa tolling agreement

Generator hauling Generator hauling ≤≤≤≤≤≤≤≤ 55 gallons of their own liquid industrial 55 gallons of their own liquid industrial

waste to designated facility with proper recordswaste to designated facility with proper records

Transporter using a consolidated manifest for hazardous or Transporter using a consolidated manifest for hazardous or

liquid industrial waste, then transporter provides shipper liquid industrial waste, then transporter provides shipper

with a record that includes uniform manifest numberwith a record that includes uniform manifest number


PAPERSPAPERSGenerator must keep track of shipments and submittal ofGenerator must keep track of shipments and submittal of

manifests.manifests.

Manifest copies signed by the disposal facility should be Manifest copies signed by the disposal facility should be

sent back to the generator after date of shipment by:sent back to the generator after date of shipment by:

CESQG or LIW CESQG or LIW

3535 days: contact disposal facilitydays: contact disposal facility

4545 days: file exception reportdays: file exception report

SQGSQG

6060 days: file exception reportdays: file exception report

LQGLQG

45 45 days: file exception reportdays: file exception report

ManifestsGenerators are responsible for

all information in manifests.

Copy left at time of shipment is called the “two signature or generator copy.”

Copy sent to generator by disposal facility is called the “third signature or

TSD copy.” It verifies that waste was delivered to disposal facility. Match this copy to the generator copy.

LAND DISPOSAL LAND DISPOSAL

RESTRICTIONS (LDR) OVERVIEWRESTRICTIONS (LDR) OVERVIEW(Rule 311 and 40 CFR 268)(Rule 311 and 40 CFR 268)

Applies to hazardous wastes from SQGs & LQGsApplies to hazardous wastes from SQGs & LQGs

Requires generator to characterize, provide an Requires generator to characterize, provide an LDR notice to each TSD for each waste stating LDR notice to each TSD for each waste stating waste does or does not meet LDR standardswaste does or does not meet LDR standards

Requires treatment before land disposal for most Requires treatment before land disposal for most wastes wastes

To determine if treatment is required, review if To determine if treatment is required, review if waste codes for each waste stream meet the waste codes for each waste stream meet the standards in 40 CFR 268.40, 268.45 (debris), standards in 40 CFR 268.40, 268.45 (debris), or 268.49 (soil).or 268.49 (soil).

New LDR notification must be sent when there New LDR notification must be sent when there is a waste or facility change.is a waste or facility change.





Land disposal includes any disposal on land (landfill, Land disposal includes any disposal on land (landfill,

land treatment, injection well, salt caverns, etc).land treatment, injection well, salt caverns, etc).

Notification is required even for shipment to Notification is required even for shipment to

nonnon--land based TSDs (e.g. incinerator).land based TSDs (e.g. incinerator).

Generators treating a prohibited waste to meet the Generators treating a prohibited waste to meet the

standards in 40 CFR 268.48 must have a written standards in 40 CFR 268.48 must have a written

waste analysis plan describing the activities they waste analysis plan describing the activities they

perform to meet the treatment standards.perform to meet the treatment standards.

All generator LDR records are required to be All generator LDR records are required to be

maintained for 3 years from the last date of maintained for 3 years from the last date of

shipment or onshipment or on--site treatment and/or disposal, site treatment and/or disposal,

whichever is later.whichever is later.

LDR GENERATORLDR GENERATOR

RECORDKEEPINGRECORDKEEPING

LDR GENERATOR LDR GENERATOR

RECORDKEEPINGRECORDKEEPING

SQGs and LQGs must keep LDRs & related SQGs and LQGs must keep LDRs & related documents for at least 3 years after waste is last documents for at least 3 years after waste is last sent to TSD.sent to TSD.

LDRs must have complete information such as LDRs must have complete information such as categories of waste and underlying hazardous categories of waste and underlying hazardous constituents.constituents.

Information on LDR must be consistent with theInformation on LDR must be consistent with thewaste characterization.waste characterization.

HAZARDOUS WASTE HAZARDOUS WASTE

BIENNIAL REPORT BIENNIAL REPORT (Rule 307)(Rule 307)

Required of LQG & TSDRequired of LQG & TSD

Submit to RMD by March 1 of Submit to RMD by March 1 of eveneven--numbered yearsnumbered years

Report includes both MI & EPA Report includes both MI & EPA hazardous wasteshazardous wastes

Details hazardous waste activity Details hazardous waste activity in previous odd yearin previous odd year

Keep copy at least 3 years from Keep copy at least 3 years from due datedue date

HAZARDOUS WASTE AREA HAZARDOUS WASTE AREA

INSPECTION DOCUMENTSINSPECTION DOCUMENTSSQG & LQG must perform weekly container accumulationSQG & LQG must perform weekly container accumulation

area inspections & each operating day for a hazardous area inspections & each operating day for a hazardous

waste storage tanks.waste storage tanks.

LQGs must LQGs must document document hazardous waste hazardous waste container container accumulation area accumulation area & tank inspections.& tank inspections.

EMERGENCY PLANNING & EMERGENCY PLANNING &

TRAINING REQUIREMENTSTRAINING REQUIREMENTS

CESQGs CESQGs

have no specific requirements!have no specific requirements!



-- Informal trainingInformal training

-- Training records not required Training records not required

-- No stipulated review period, annual recommendedNo stipulated review period, annual recommended

-- Must post Must post CURRENTCURRENT emergency info by phone near emergency info by phone near

hazardous waste operationshazardous waste operations

-- Must send facility diagram or discuss facility hazards, Must send facility diagram or discuss facility hazards,

layout, access, evacuation, etc. with responderslayout, access, evacuation, etc. with responders

-- Must ensure emergency coordinator is identified and Must ensure emergency coordinator is identified and

on premises or onon premises or on--callcall

SQG Requirements:SQG Requirements:


TRAINING REQUIREMENTSTRAINING REQUIREMENTSSQG Emergency Posting



-- Must have written hazardous waste training Must have written hazardous waste training programprogram

-- Must conduct annual training for employees Must conduct annual training for employees

-- Must keep written training records for 3 yearsMust keep written training records for 3 years

-- Training must be conducted by someone Training must be conducted by someone qualified to give trainingqualified to give training

-- Must have description of the Must have description of the type of training type of training givengiven

LQG Requirements:LQG Requirements:



LQG Requirements:LQG Requirements:

-- Must have Must have CURRENTCURRENT & complete written & complete written

contingency plan oncontingency plan on--sitesite

-- Must make arrangements with fire dept, Must make arrangements with fire dept,

police, hospitals, emergency response police, hospitals, emergency response

contractors, and local emergency response contractors, and local emergency response

teams & documentation that they were teams & documentation that they were

contactedcontacted



LQG training must include:LQG training must include:-- Usage, inspection, repair & replacement of Usage, inspection, repair & replacement of

facility emergency & monitoring equipmentfacility emergency & monitoring equipment

-- Key parameters for automatic waste feed Key parameters for automatic waste feed cutcut--off systemsoff systems

-- Communications & alarm systemsCommunications & alarm systems

-- Response actions for fires & explosionsResponse actions for fires & explosions

-- Response actions for contamination incidentsResponse actions for contamination incidents

-- Shutdown of operationsShutdown of operations

PREPRE--TRANSPORT TRANSPORT

REQUIREMENTS REQUIREMENTS (Rule 305)(Rule 305)

If offering 1,000 lbs. for shipment at one time,If offering 1,000 lbs. for shipment at one time,

SQGs and LQGS must have US DOT placards forSQGs and LQGS must have US DOT placards for

waste hazards available for transporters use.waste hazards available for transporters use.

TANKTANK

INSPECTION DOCUMENTSINSPECTION DOCUMENTS

All tank inspections must be All tank inspections must be

documented and all recordsdocumented and all records

must be kept for at least 3 years.must be kept for at least 3 years.

TANK CERTIFICATIONTANK CERTIFICATION

Part 111, Rule 306 & 40 CFR 265.192Part 111, Rule 306 & 40 CFR 265.192Must obtain a written assessment that is reviewedMust obtain a written assessment that is reviewed

and certified by an qualified professional engineer and certified by an qualified professional engineer

that includes:that includes:

�� Design standardsDesign standards

�� Hazard characteristics of the wasteHazard characteristics of the waste

�� Determination performed by corrosion expert if the Determination performed by corrosion expert if the external shell of a metal tank is in contact with soil external shell of a metal tank is in contact with soil or wateror water

�� Design considerations if tank affected by vehiclesDesign considerations if tank affected by vehicles

TANK CERTIFICATIONTANK CERTIFICATION

Professional engineer written certificationProfessional engineer written certification

must be kept on file at facility.must be kept on file at facility.

INSPECTION DAY !INSPECTION DAY !

INSPECTION DAY!INSPECTION DAY!

When & why does an inspector visit?When & why does an inspector visit?

Routine compliance inspection utilizing aRoutine compliance inspection utilizing a

““Neutral Criteria PlanNeutral Criteria Plan””

Complaint receivedComplaint received

Manifest discrepanciesManifest discrepancies

Inspection requested by another agencyInspection requested by another agency

HOW TO SURVIVE AN HOW TO SURVIVE AN

INSPECTIONINSPECTION

Relax!Relax!

DonDon’’t be adversarial.t be adversarial.

Have your records in order.Have your records in order.

DonDon’’t try to hide anything.t try to hide anything.

If asked to If asked to ““fixfix”” something, consider doing it something, consider doing it

then, if possible.then, if possible.

WHAT DO INSPECTORSWHAT DO INSPECTORS

LOOK AT?LOOK AT?Records:Records:

Waste RelatedWaste Related –– waste waste

characterizations, manifests, LDRs, characterizations, manifests, LDRs,

storage area logs, biennial reportstorage area logs, biennial report

Emergency PreparednessEmergency Preparedness ––

personnel training records, personnel training records,

contingency plans, spill control contingency plans, spill control

equipmentequipment

Waste Handling and Accumulation Waste Handling and Accumulation

Areas:Areas:

Containers, labeling, secondary containmentContainers, labeling, secondary containment

GALLERY OF VIOLATIONSGALLERY OF VIOLATIONS

MANIFESTMANIFEST

COMMON VIOLATIONSCOMMON VIOLATIONS

UsingUsing wrong IDwrong ID numbernumber

Using wrong or incompleteUsing wrong or incomplete

waste codeswaste codes

Failing to send copy to state Failing to send copy to state

Failing to keep signed Failing to keep signed

manifests for three years manifests for three years

Failing to have records of Failing to have records of

used oil shipped onused oil shipped on

consolidated manifestconsolidated manifest

LDR COMMON VIOLATIONSLDR COMMON VIOLATIONS

Failing to keep LDRsFailing to keep LDRs & related documents& related documents for at for at least 3 years after waste last sent to TSDleast 3 years after waste last sent to TSD

Missing LDRMissing LDR notificationnotification and waste analysis and waste analysis documentsdocuments

Missing or incomplete informationMissing or incomplete information such as such as categories, underlying hazardous constituents, categories, underlying hazardous constituents, and manifest numbersand manifest numbers

Listing LDR information that is inconsistent with Listing LDR information that is inconsistent with waste characterizationwaste characterization

Failing to have Failing to have

adequate space or adequate space or

aisle width to aisle width to

properly inspect properly inspect

containers and for containers and for

emergency personnel.emergency personnel.

Failing to have Failing to have

labels visible labels visible

for inspections.for inspections.

Leaning drumLeaning drum

is a safety issueis a safety issue!!DonDon’’t stack more than 2 drums hight stack more than 2 drums high

COMMON STORAGE VIOLATIONSCOMMON STORAGE VIOLATIONS

�� Exceeding the allowable onExceeding the allowable on--site accumulation time site accumulation time

limit for hazardous waste without requesting anlimit for hazardous waste without requesting an

extension or obtaining a storage permitextension or obtaining a storage permit

Notice leaking drums and stainsNotice leaking drums and stains


�� Failing to keep the Failing to keep the

containers closed, except when containers closed, except when

waste is added or removedwaste is added or removed


�� Failing to keep the Failing to keep the

containers closed, except containers closed, except

when waste is added or when waste is added or

removedremoved


� Leaving funnels in place that are Leaving funnels in place that are

not screwed into the bung and funnel not screwed into the bung and funnel

not capable of being kept closed not capable of being kept closed

would be considered openwould be considered open

Notice the splashing on the wallNotice the splashing on the wall

Valve must be Valve must be closed except closed except when adding when adding waste.waste.


Lockable optionLockable option

Notice the valve, Notice the valve,

it automatically it automatically

closes when closes when

handle is releasedhandle is released


Waste Labeling and StorageWaste Labeling and Storage

Regulations requiring waste containerRegulations requiring waste container

labeling and proper accumulation andlabeling and proper accumulation and

storage:storage:

Act 451, Michigan Natural Resources & Act 451, Michigan Natural Resources & Environmental Protection Act:Environmental Protection Act:

Part 111, Hazardous WastePart 111, Hazardous Waste

Part 121, Liquid Industrial WastePart 121, Liquid Industrial Waste

Liquid Industrial Waste Generators (LIW)Liquid Industrial Waste Generators (LIW)

Universal Waste GeneratorsUniversal Waste Generators

Conditionally Exempt Small Quantity Generators Conditionally Exempt Small Quantity Generators (CESQGs)(CESQGs)

Small Quantity Generators Small Quantity Generators (SQGs)(SQGs)

Large Quantity Generators Large Quantity Generators (LQGs)(LQGs)

Less Regulation

More Regulation

Requirements vary based on Requirements vary based on

waste type and amountwaste type and amount

Waste Labeling and StorageWaste Labeling and Storage

STORAGE CONTAINER STORAGE CONTAINER

LABELING VIOLATIONSLABELING VIOLATIONS�� Listing incorrect or incomplete information on Listing incorrect or incomplete information on

hazardous waste labelshazardous waste labels

Missing the accumulation Missing the accumulation

datedate

Missing the words Missing the words

““Hazardous WasteHazardous Waste””

Missing the hazardous waste Missing the hazardous waste

numbersnumbers

COMPLIANT STORAGE COMPLIANT STORAGE

LABELINGLABELING

Accumulation labelAccumulation label

ShippingShipping

labellabel

�� Using ContainersUsing Containers

in Poor Conditionin Poor Condition

Leaking tankLeaking tank

Some bad containers Some bad containers

are obvious!are obvious!

COMMON STORAGE COMMON STORAGE

VIOLATIONSVIOLATIONS

Others require lookingOthers require looking

all around the containerall around the container

to see a problemto see a problem

Look for staining as a signLook for staining as a sign



Other leaks require noticingOther leaks require noticing

signs on the ground or signs on the ground or

puddles, etc.puddles, etc.



Compliant used oil storage



Illegal disposal of Illegal disposal of

used oilused oil

COMMON DISPOSAL COMMON DISPOSAL


�� Lacking or inadequateLacking or inadequate

secondary containmentsecondary containment

for LQG, SQG with overfor LQG, SQG with over

2200 lbs. & any facility2200 lbs. & any facility

storing acutely hazardous storing acutely hazardous

wasteswastes

COMMON SECONDARYCOMMON SECONDARY

CONTAINMENT VIOLATIONSCONTAINMENT VIOLATIONS

Sill is not high enoughSill is not high enough

Notice the stainingNotice the staining� Failing to have Failing to have

Containers elevated or Containers elevated or

base of containmentbase of containment

sloped to drain when sloped to drain when

requiredrequired

� Lacking or Lacking or

inadequate squirt inadequate squirt

protection protection



� Lacking or inadequateLacking or inadequate

chemical resistant coating & chemical resistant coating &

having cracked surfaceshaving cracked surfaces



How can drums be checked for leaks if How can drums be checked for leaks if

buried in snow?buried in snow?

�� Failing to Failing to

remove remove

precipitation in aprecipitation in a

timely manner timely manner

from containment from containment

areasareas



Sloping ramp saves backs and Sloping ramp saves backs and

reduces spills when moving reduces spills when moving

materials in & out of materials in & out of

containment areacontainment area

Spill pallets ok for solids but Spill pallets ok for solids but

does does NOTNOT provide squirt provide squirt

protection for liquidsprotection for liquids

This type does This type does

provide squirtprovide squirt

protectionprotection


CONTAINMENT OPTIONSCONTAINMENT OPTIONS

Sorbents can be landfilled Sorbents can be landfilled IF IF theythey

dondon’’t contain free liquids, t contain free liquids, ANDAND

are not a hazardous waste, ORare not a hazardous waste, OR

were generated by a CESQG.were generated by a CESQG.

Sorbents used to clean Sorbents used to clean

up hazardous waste by up hazardous waste by

SQG or LQG SQG or LQG mustmust be be

handled as hazardous handled as hazardous

waste.waste.

SORBENTSSORBENTS

WHAT KIND OF INSPECTION WHAT KIND OF INSPECTION

FOLLOW UP IS NECESSARY?FOLLOW UP IS NECESSARY?

Respond according to the letter sent Respond according to the letter sent by the RMD.by the RMD.

Accompany inspector if there is a Accompany inspector if there is a followfollow--up second inspection.up second inspection.

Have a question about the Have a question about the inspection? Call the inspector who inspection? Call the inspector who visited your facility.visited your facility.

Have general waste question? Have general waste question? Contact the Environmental Assistance Contact the Environmental Assistance Center at 800Center at 800--662662--9278 or 9278 or

[email protected]@michigan.gov.

QuestionsQuestions

Feel free to ask Feel free to ask

questions via your questions via your

question / chat box question / chat box

NEED HELP/RESOURCES?NEED HELP/RESOURCES?

�� Contact the EAC at 1Contact the EAC at 1--800800--662662--92789278

�� Contact your DEQ district waste inspection staffContact your DEQ district waste inspection staff

�� Go to Go to www.epa.gov/wastes/hazard/downloads/tool.pdfwww.epa.gov/wastes/hazard/downloads/tool.pdf

�� Go to Go to www.michigan.gov/deqwww.michigan.gov/deqwastewaste

�� Search the DEQ Pub Center at Search the DEQ Pub Center at www.deq.state.mi.us/pubcenterwww.deq.state.mi.us/pubcenter

�� Contact a hazardous waste vendorContact a hazardous waste vendor

�� Contact a waste consultantContact a waste consultant