Identifying and Disposing of Hazardous Waste: Your Business Responsibilities
Identifying and Disposing of Hazardous Waste:
Your Business Responsibilities
Many businesses find it difficult to juggle their daily affairs and still have time to keep up with the regulations that affect them. This brief publication, though not a substitute for reading the actual regulations*, may help businesses responsibly manage small quantities of hazardous waste.
Explanations for Business Owners - The U.S. Environmental Protection Agency (EPA) has authority over matters concerning the proper disposal of hazardous waste. But what exactly is hazardous waste, and how should it be disposed of? What rules or regulations apply to business owners in particular? If you don’t know the answers to these questions, you might find the following information helpful.
What is Hazardous Waste?
According to EPA regulatory guidelines, to be considered hazardous any waste must first meet the definition of "solid waste" as defined by the EPA.
"Solid waste" does not have the common meaning these words conjure. In fact, "solid" waste under EPA laws and regulations means any solid, liquid, or contained gaseous material that is no longer being used and is either recycled, thrown away, or stored until enough is collected to treat or dispose of it.
According to the State of Wisconsin - Wisconsin statutes define waste as any liquid, solid or gaseous material that can no longer be used for its originally intended purpose because it has become contaminated or has been used in some process or is an item that is no longer wanted. This waste is considered hazardous if it exhibits the characteristics of ignitability, corrosivity, reactivity and/or toxicity or if it is specifically named in one of four lists found in Wisconsin statutes.
Warning: Just because a particular waste is not listed on a RCRA regulations list, that does not necessarily mean it is not included on a state hazardous waste list. Both federal and state law for the appropriate jurisdiction need to be complied with.
Warning:
If hazardous waste is treated on-site in an unacceptable or unapproved manner the wrongdoer can face fines up to $50,000 per day of violation and jail time.
OK, So once I’ve Got Hazardous Waste , How Do I Get Rid of It?
Do not mix hazardous waste with nonhazardous waste. Do not mix incompatible wastes.
There are specific laws and regulations that govern how hazardous waste may be disposed of, and there are other, separate federal laws that allow for the imposition of criminal penalties if hazardous waste is not disposed of properly. There are also state laws regarding the disposal of hazardous waste that must be followed.
Businesses working with and recycling waste materials must identify the hazards and make a proper assessment of the risks. In particular there must be safe working practices for dealing with the hazardous waste, to ensure that it is stored, handled and transported correctly. Waste-treatment sites handling chemicals must also prevent accidents arising from the unintentional or inadequately planned mixing of incompatible chemicals, or from the disposal of unstable chemicals.
Understanding the properties of hazardous waste and how to handle and dispose of it correctly is essential. If you produce, transport, or receive hazardous waste you will have responsibilities under the Hazardous Waste Regulations. Both Federal and State Laws apply.
1. Determine if the chemical is a "waste."
Anything that meets the following criteria is a waste and must be handled according to applicable local, state, and federal regulations. Regularly check chemical inventories for material that is:
Spent material
Unusable because it doesn't meet its required specifications
Past its expiration date
Unlabeled, and has been unlabeled for more than 10 days
Abandoned
A container that once held chemicals
Unwanted and intended to be discarded or recycled
2. Determine if the chemical is an "extremely hazardous" waste.
Check the list of Known Hazardous and Extremely Hazardous Wastes.
If your chemical waste is listed, follow its link to appropriate disposal procedures.
If your chemical waste is not listed, continue to questions below.
Answer the questions below.
Do any of these exposure criteria apply to the material, in any species?
Does it have an acute oral LD50 less than or equal to 50 milligram per kilogram?
Does it have an acute dermal LD50 less than or equal to 43 mg/kg?
Does it have an acute inhalation LC50 less than or equal to 100 ppm as a gas or vapor
3. Has it been shown through experience or testing that human exposure to the waste or material my likely result in death, disabling personal injury or serious illness because of the carcinogenicity, high acute or chronic toxicity, bioaccumulative properties, or persistence in the environment of the waste or material?
Is it water reactive?
If you answer NO to all of them, proceed to Step 3. The material may be classified as hazardous waste according to the criteria in Step 3.
If you answer YES to any of them, the chemical is extremely hazardous waste. Proceed to How to Store and Dispose of Extremely Hazardous Chemical Waste.
For empty containers that once held extremely hazardous chemical wastes, read How To Store and Dispose of Hazardous Chemical Waste. Determine if the chemical is "hazardous" waste.
Answer the questions below.
If you answer NO to all the questions below, your chemical waste is not hazardous waste. Dispose of nonhazardous waste according to its type:
If you answer YES to any of the questions below, your chemical is hazardous chemical waste. Proceed to How To Store and Dispose of Hazardous Chemical Waste.
For empty containers that once held hazardous chemical wastes, read How to Dispose of Empty Hazardous Materials Containers.
Solids can go in the regular trash. DO NOT attempt to dissolve powders or salts and dispose of them in a drain.
Liquids can be poured down a drain, but may first require neutralizing or other conditioning. Read Sewer Disposal: What Can Go Down the Drain? for more information.
4. Does the waste consist of solid reagent chemicals in a manufacturer's container?
Is the waste ignitable?
Is the flashpoint less than or equal to 140°F or 60°C?
Can the waste cause fire at standard temperature and pressure through friction, absorption of moisture, or spontaneous chemical changes?
Is the waste an ignitable compressed gas?
Is the waste an oxidizer?
Will it release oxygen when reacting with another chemical?
Will it react with organic materials such as oils, greases, solvents, paper, cloth, wood, etc., to ignite?
Is the waste corrosive?
Is it a liquid with pH less than or equal to 2, or greater than or equal to 12.5?
Is it a solid with pH less than or equal to 2, or greater than or equal to 12.5 when mixed with an equal weight of water?
Will it aggressively corrode steel?
Will it destroy living tissue?
Is the waste reactive?
Is the waste toxic? (Toxicity measures apply to all species.)
Is it normally unstable or subject to violent change?
Does it react violently with water by forming potentially explosive mixures or toxic gases, vapors, or fumes?
Is it a cyanide- or sulfide-bearing waste that can create toxic gases, vapors, or fumes when exposed to pH conditions between 2 and 12.5?
Can it detonate or explode when decomposing at standard temperature and pressure, when subjected to a strong initiating source, or when heated under confinement?
Does it have an acute oral LD50 less than 2,500 milligram per kilogram?
Does it have an acute dermal LD50 less than 4,300 mg/kg?
Does it have an acute inhalation LC50 less than 10,000 ppm as a gas or vapor?
Does it have an acute aquatic 96-hour LC50 less than 500 milligrams per liter?
Has the material shown through experience or testing to pose a hazard to human health or the environment because of its carcinogenicity (carcinogen, mutagen, teratogen), acute toxicity, chronic toxicity, bioaccumulative properties, or persistence in the environment?
The four bars are color-coded,
using the modern color bar symbols with blue indicating the level of health hazard, red for flammability, orange for a physical hazard, and white for Personal Protection.
The number ratings range from 0-4.
Blue/Health
The Health section conveys the health hazards of the material. In the latest version of HMIS, the Health bar has two spaces, one for an asterisk and one for a numeric hazard rating. If present, the asterisk signifies a chronic health hazard, meaning that long-term exposure to the material could cause a health problem such as emphysema or kidney damage. According to NPCA, the numeric hazard assessment procedure differs from that used by NFPA.
4. Life-threatening, major or permanent damage may result from single or repeated overexposures (e.g., hydrogen cyanide).
3. Major injury likely unless prompt action is taken and medical treatment is given.
2. Temporary or minor injury may occur.
1. Irritation or minor reversible injury possible.
0. No significant risk to health.
Red/Flammability
For HMIS I and II, the criteria used to assign numeric values (0 = low hazard to 4 = high hazard) are identical to those used by NFPA. In other words, in this category, the systems are identical. For HMIS III, the flammability criteria are defined according to OSHA standards.
4. Flammable gases, or very volatile flammable liquids with flash points below 73 °F (23 °C), and boiling points below 100 °F (38 °C). Materials may ignite spontaneously with air (e.g., Propane).
3. Materials capable of ignition under almost all normal temperature conditions. Includes flammable liquids with flash points below 73 °F (23 °C) and boiling points above 100 °F (38 °C), as well as liquids with flash points between 73 °F and 100 °F.
2. Materials which must be moderately heated or exposed to high ambient temperatures before ignition will occur. Includes liquids having a flash point at or above 100 °F (38 °C) but below 200 °F (93 °C) (e.g., Diesel fuel).
1. Materials that must be preheated before ignition will occur. Includes liquids, solids and semi solids having a flash point above 200 °F (93 °C) (e.g., Canola oil).
0. Materials that will not burn (e.g., Water).
Orange/Physical Hazard
Reactivity hazard are assessed using the OSHA criterion of physical hazard. Seven such hazard classes are recognized: Water Reactives, Organic Peroxides, Explosives, Compressed gases, Pyrophoric materials, Oxidizers, and Unstable Reactives.
4. Materials that are readily capable of explosive water reaction, detonation or explosive decomposition, polymerization, or self-reaction at normal temperature and pressure
3. Materials that may form explosive mixtures with water and are capable of detonation or explosive reaction in the presence of a strong initiating source. Materials may polymerize, decompose, self-react, or undergo other chemical change at normal temperature and pressure with moderate risk of explosion.
2. Materials that are unstable and may undergo violent chemical changes at normal temperature and pressure with low risk for explosion. Materials may react violently with water or form peroxides upon exposure to air.
1. Materials that are normally stable but can become unstable (self-react) at high temperatures and pressures. Materials may react non-violently with water or undergo hazardous polymerization in the absence of inhibitors.
Materials that are normally stable, even under fire conditions, and will not react with water, polymerize, decompose, condense, or self-react. Non-explosive.
Rules for Hazardous Waste Accumulation
A generator must perform a “waste determination” to see if a waste is regulated under RCRA. That determination can be based on the generator’s knowledge of the waste composition or through chemical analysis if the composition is unknown. The waste determination must be made no later than the moment a substance becomes a waste. Documentation supporting this waste determination must be kept on file for three years.
Hazardous waste must be accumulated and stored at the point of generation until removed by Occupational Safety and Health Services (OSHS) and must be:
Collected in a container that is compatible with its contents under all conditions that it might be subjected to during accumulation, storage, and shipment.
Kept tightly sealed except when adding waste to the container.
Handled only by personnel trained in the requirements of these hazardous waste rules.
Removed from the accumulation area within three days if the quantity of any one waste exceeds fifty-five gallons. (From a safety perspective, no more than five gallons should be accumulated in a laboratory or shop.)
Labeled with the words “hazardous waste,” the waste identification number (see below), the accumulation start date, and a chemical description.
Hazardous Waste Labeling
All chemical constituents in hazardous waste containers must be identified by knowledgeable personnel. Not only is this required by the EPA, but the State of Wisconsin as well.
* Wisconsin’s hazardous waste regulations are contained in chs NR 660-679, Wis. Adm. Code, available on the Web at http://dnr.wi.gov/topic/Waste/Laws.html#tabx2
All waste must be properly labeled as soon the first drop of waste enters a waste container. Containers must be labeled and clearly marked with words that describe the contents of the waste and the words "Hazardous Waste".
Note: Many hazardous wastes are still hazardous at very low concentrations (less than 1%). Physec Compliance Group "Goal Zero" safety pledge is our commitment to strive for zero work-related injuries and illnesses, and is a foundational element of our safety culture.
Physec Compliance Group places great importance and emphasis on the health & safety of our employees, customers and the communities in which we conduct business. Our Goal Zero vision is part of our continual improvement philosophy regarding worker and workplace safety. Quite simply, we invest enormous amounts of time and resources to ensure our employees receive the necessary training and tools for success to perform their daily activities in a safe and compliant manner. We operate in strict compliance with all rules, regulations, and laws to meet and then exceed our commitments
Contact Physec Compliance Group for assistance in determining if your low-concentration waste is hazardous.
