How to Avoid Speculative Accumulation Posted on November 27, 2012 by James Griffin
Recycling hazardous waste is a great way to save the planet and your bottom line. The RCRA regulations include many provisions under which hazardous wastes can be legitimately recycled scattered throughout 40 CFR Part 261, Subpart A. When you recycle hazardous waste, you are exempt from the following regulations that apply to hazardous waste:
- Accumulation time limits,
- Regular inspections,
- Detailed containment standards,
- Treatment standards, and
- Manifesting requirements.
Because of the great advantages associated with recycling, some generators of hazardous waste attempt to avoid the expense and difficulty of complying with RCRA by falsely claiming that their wastes are being or will be recycled, when in fact no feasible means of recycling exist or when no recycling is actually occurring. One of the tools the Agency uses to combat these illegitimate claims of recycling is a concept called “speculative accumulation.”
Defining Speculative Accumulation
Speculative accumulation refers to false claims that wastes will be recycled and/or the indefinite storage of hazardous waste before recycling.
For a generator to prove that hazardous secondary materials are being legitimately recycled, and not being accumulated speculatively, the generator must establish that:
- The material is potentially recyclable and has a feasible means of being recycled; and
- During the calendar year, a certain weight or volume has been recycled or sent off site to be recycled.
For the accumulation of recyclable materials to be legitimate, both of these conditions must be met. If either of these conditions is not met, then the generator is accumulating hazardous waste speculatively and may be charged with numerous violations of RCRA.
Proof of Recycling Hazardous Materials
No matter what kind of recycling you were intending or the type of waste, if you accumulate it speculatively, the material loses its excluded status and turns back into hazardous waste.
Even if you’re not trying to evade RCRA, you might accidentally end up accumulating your recyclables speculatively.
The EPA created these rules to “mitigate the risk posed by facilities that over-accumulate hazardous secondary materials prior to recycling. The provision serves as a safety net, preventing recyclable materials that are not otherwise regulated under RCRA from being stored indefinitely and potentially causing environmental damage.” It is entirely the responsibility of the generator to establish that he is NOT accumulating waste speculatively, not for the EPA to prove the case. [40 CFR 261.2(f)]
So how does a generator prove that a material is potentially recyclable and has a feasible means of being recycled? The generator may show the EPA/State Inspector a contract with a recycler, letter of understanding, or a more formal tolling agreement. In addition, if the material is going to be recycled in an unusual manner, the generator may want to obtain technical specifications from the recycler or other documents to prove the recycling is legitimate.
How much, and in what timeframe, must the generator recycle in order to avoid speculative accumulation? The generator must know the volume or weight of the material to be recycled that is held in storage on January 1st of each year. The generator should document this inventory. By the end of the same year (December 31st), the generator must have recycled—or shipped off site for recycling—at least 75% of the material. A final inventory record, shipping papers, or an invoice can serve as proof of meeting this requirement.
What do you find to be the best practices to avoid speculative accumulation? Share here.
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What’s New for the IATA DGR 54th Edition? Posted on November 20, 2012 by James Griffin
On January 1, 2013, the 54th Edition of the IATA Dangerous Goods Regulations goes into effect. The 54th Edition of the DGR incorporates changes to the 2013-2014 edition of the ICAO Technical Instructions and other amendments made by IATA. A summary of significant changes and new provisions follows:
IATA has codified new training standards for postal operators. These new standards specifically address the need for postal personnel to recognize and handle the limited suite of dangerous goods that are authorized for transport by international air mail. Notably, the DGR and the Universal Postal Union now authorize certain lithium battery shipments for transport by post.
Classification and Naming
As usual, there are numerous changes and amendments to the provisions for classifying and describing dangerous goods. Most of these are of a minor technical nature and do not require any substantive changes to your operations. A few of note include:
- New test criteria have been added to determine when articles may be excluded from Class 1. [18.104.22.168]
- The provisions applicable to viscous flammable liquids have been revised and clarified. [3.3.3]
- New provisions have been added to address the transport of uncleaned medical devices/equipment. [22.214.171.124.3]
- Provisions have been added to identify the requirements for lithium batteries, including requirements for manufacturers to have a quality management system. [126.96.36.199]
The next edition of the DGR includes many other new rules.
- Aside from a few entries for limited quantities, all references to “G” indicating gross weight have been deleted from the Dangerous Goods List. [4.2]
- A number of special provisions that include provisions for certain substances and articles to be “not subject to these Regulations” have been revised to limit the application to when the substances or articles are carried as cargo; see A32, A41, A47, A67, A69, A70, A98 and A129. [4.4]
- From now on, package markings must be at least 12 mm high (6 mm on smaller packagings); as of January 1, 2014, these will be mandatory minimums, not recommendations. [188.8.131.52]
- A new paragraph has been added to clearly identify dangerous goods that can be described on documentation, such as an air waybill, rather than on a Shipper’s Declaration. [8.0.1]
- Enhanced provisions for instructor qualifications. [1.5.6] 
- New provisions for De Minimis quantities of dangerous goods. [2.6.10]
- Almost all of the packing instructions have been revised to include closed head drums (1A1, 1B1, 1H1, and 1N1) and/or other metal boxes (4N) as outer packagings. [5.2]
- Significant revisions to packing instructions for lithium batteries. [PI 965-970]
How has your facility been preparing for the new year’s changes?
Keep informed of all the 2013 changes with up-to-date training at Lion Technology’s Multimodal Hazmat Shipper Workshop. Learn the latest DOT, IATA, and IMDG regulations to prepare your facility for the new year.
New Significant New Use Rules for Twenty Chemicals Posted on November 13, 2012 by James Griffin
On Friday, November 2, 2012, the Environmental Protection Agency promulgated Significant New Use Rules (SNURs) for twenty chemicals which had previously been subject to the Pre-Manufacture Notification (PMN) rules under TSCA. Anyone who intends to manufacture, import, or process any of the twenty chemicals for any activity that is deemed a “significant new use” is required to notify EPA 90 days prior to beginning the activity.
The Difference Between a SNUR and a Consent Order
During the new chemical review (PMN, or Pre-Manufacture Notification) process, the EPA has the option of establishing a TSCA Section 5(e) consent order restricting the manufacture/import, process, use, and/or disposal of a substance that is determined to pose unreasonable risk of injury to human health and/or the environment. However, a Section 5(e) order is only binding on the initial manufacturer or importer (i.e., the person who submitted the PMN to EPA for review). The SNUR allows EPA to apply those same restrictions set out in the 5(e) rule to subsequent manufacturers, importers, and processors.
EPA Definition of “Significant New Use”
For each chemical listed in a significant new use rule, EPA establishes criteria for what constitutes a “significant new use” of that chemical. Typically, these criteria include, but are not limited to, any uses:
- That require specified personal protection;
- Where a specified hazard communication program has not already been developed;
- Resulting in incineration or land disposal; and/or
- Resulting in release to the water.
What Is a Significant New Use Notification (SNUN)?
After the Agency has promulgated a SNUR for a chemical, each person who intends to use that chemical in a significant new way covered by the SNUR must submit a Significant New Use Notification (SNUN) to the EPA at least 90 days prior to beginning the activity. The SNUN must be submitted on EPA Form 7710-25 (which is also the PMN form).
Since April 6, 2011, the EPA no longer accepts paper submissions. As of April 6, 2012, the EPA also stopped accepting submissions on CD-ROM. All SNUNs must be submitting using the EPA’s Central Data Exchange (CDX).
The full November 2 rule, which lists all twenty chemicals and gives the SNUR criteria for each, can be found here.
Have you found the EPA’s new Central Data Exchange (CDX) to be helpful? Share below.
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GHS vs. DOT Classification Posted on November 06, 2012 by James Griffin
Q. Less than one year ago, the Occupational Safety and Health Administration (OSHA) amended the Hazard Communication Standard (HAZCOM) to harmonize with the Globally Harmonized System of Chemical Classification and Labeling (GHS). HAZCOM is one of two major programs in the United States that classifies a large universe of chemical hazards. The other major system is the Hazardous Material Regulations (HMR) promulgated and enforced by the Department of Transportation (DOT). How do OSHA’s new GHS classifications compare with the DOT’s hazmat classification system?
A. While the U.S. Department of Transportation and the Occupational Safety and Health Administration both regulate hazardous chemicals, they have very different priorities. These priorities lead to some differences in which chemicals they regulate.
The DOT regulates the safe and secure transportation of hazardous material (hazmat) in commerce. The Hazardous Material Regulations (HMR) exist to protect transporters (truck drivers, rail workers, air crews, and mariners), passengers, emergency responders, and the general public from the consequences of an incident or accident involving the sudden uncontrolled release of hazmat during the cycle of transportation. In contrast, OSHA regulates the safety and health of workplaces. The Hazard Communication Standard exists to protect workers in a workplace from the consequences of both sudden and chronic exposures to hazardous chemicals. This means that while both agencies regulate immediate hazards to safety (explosives, flammables, poison gases, corrosives, etc.), only OSHA will be concerned with the hazards of long-term exposure (i.e., carcinogens, mutagens).
Both the HMR and GHS require shippers/manufacturers to identify hazardous materials, assign those materials to a classification, and communicate those hazards to persons who could be exposed. The HMR and GHS use very similar criteria to classify “physical hazards.” For instance, both the HMR and GHS have classifications for flammable or combustible liquids. Under the HMR, the class of flammable and combustible liquids includes all liquids with a minimum flash point (closed-cup) less than 200°F [49 CFR 173.120(b)(1)]. Under GHS, the upper limit for flammable liquids is a flash point of 199.4°F [29 CFR 1910.1200, Appendix B.6.1].
As stated above, both the DOT and GHS assign hazard classes to hazardous chemicals. A small difference, however, is that the DOT divides these hazards into one of nine numbered hazard classes (e.g., flammable liquids are “Class 3″), while the GHS just names them (a flammable liquid is just a “flammable liquid”).
Another aspect that is similar but not exactly analogous is that both the DOT and GHS rules require shippers/manufacturers to further classify their hazard classes by determining the “severity” of the hazard. The DOT denotes this, for most classes, by assigning “packing groups,” while the GHS uses “hazard categories.” Often, these packing groups and hazard categories align; however, there are times when they do not. A good example of harmony between the systems is the severity determination for flammable liquids, summarized below:
|Flash Point (FP) / Boiling Point (BP)*||HMR Flammable Liquid Classification||GHS Flammable Liquid Classification|
|FP < 23°C, BP ≤ 35°C||Packing Group I||Hazard Category 1|
|FP < 23°C, BP > 35°C||Packing Group II||Hazard Category 2|
|FP ≥ 23°C and ≤ 60°C||Packing Group III||Hazard Category 3|
|FP > 60°C and ≤ 93°C||Combustible hazard||Hazard Category 4|
*Due to varying conversion factors between Celsius and Fahrenheit, there are slight variations (less than 1 degree) between the HMR and GHS classification criteria. These variances are rounded away in this presentation. [49 CFR 173.120 and 29 CFR 1910.1200 Appendix B.6.1]
Of course, not every hazard class lines up as nicely as flammable liquids.
Another big difference between DOT and GHS classification is that the GHS system regulates many “health” hazards that the DOT does not. Many of the health hazards are regulated by OSHA since the hazards arise from chronic exposure to chemicals and everyday workplace hazards. These hazards are not significant when in transportation, so they are not regulated by the DOT.
Some examples of health hazards that are regulated under GHS but not under DOT include:
- Respiratory or skin sensitization,
- Germ cell mutagenicity,
- Carcinogenicity generally,
- Reproductive toxicity (teratogenicity), and
- Specific organ toxicity. [29 CFR 1910.1200, Appendix A]
How are you preparing for these classification differences? Share below.
Learn how this difference and several others may affect your facility’s operations at Lion’s Preparing for OSHA’s New GHS Rule Webinar.
ORM-D-AIR Classification to Be Phased Out Posted on October 29, 2012 by James Griffin
The U.S. Department of Transportation is phasing out the ORM-D classification. The last day to ship packages properly classified and marked as ORM-D-AIR is December 31, 2012. Starting January 1, 2013, no new ORM-D AIR packages may be offered for transportation. Instead, shippers have to use the new air limited quantity marking (shown below) as well as other applicable markings and labels for air shipments of consumer commodity materials [49 CFR 172.315(d)(2)].
For many shippers, this phase-out will not have a significant impact, because many airlines already require shippers to follow the International Air Transport Association (IATA) Dangerous Goods Regulations instead of 49 CFR. The IATA DGR never recognized the ORM-D AIR hazard classification.
New-Style Consumer Commodities
Those shippers who do offer 49 CFR air shipments need to take steps to comply with new requirements.
The good news is that many factors remain unchanged. The same quantities, of the same materials, in the same packages are authorized for exception from full regulation. The real significant difference is in the markings and labels on the outside of the package.
In addition, the DOT will still retain the Proper Shipping Name ”Consumer Commodity“ in the 172.101 Hazmat Table. However, this proper Proper Shipping Name will no longer be associated with the defunct hazard class ORM-D, but instead with hazard Class 9 for Miscellaneous materials. The name is also assigned the identification number “ID 8000″ to harmonize with the IATA DGR. Once the DOT phases out all ORM-D shipments, the name “Consumer Commodity” (with coinciding ID 8000) will only be acceptable for certain air shipments packed under the new packing instructions at 49 CFR 173.167.
Other Limited Quantities
Although rare, the use of the old marking for limited quantities (i.e.., the identification number in a square-on-point device) is also being phased out at the end of this year. These packages will instead use the “Y” marking and must be labeled according to their original hazard class [49 CFR 172.315(d)(2)].
Always keep current and stay on top of the latest changes with expert training. Training is available when you need it with Lion’s many Online Hazmat Courses. Get the same expert training from our public workshops at your desktop!
Precious Metals Recycling Posted on October 23, 2012 by James Griffin
Hazardous wastes that contain economically significant amounts of precious metals are excluded from RCRA when reclaimed, regardless of their other properties. A few rules still apply. They can be found at 40 CFR 266, Subpart F.
The U.S. EPA considers the following materials to be “precious metals”: gold, silver, platinum, palladium, iridium, osmium, rhodium, and ruthenium.
While not explicitly stated in 40 CFR 266, Subpart F, the U.S. EPA considers the following features to characterize the legitimate recovery of precious metals:
- Economically significant amounts of precious metals
- Efficient recovery operations
- No land disposal of wastes destined for recovery
- Payment by the reclaimer to the waste generator
- Net financial return to the generator (i.e., sufficient to cover all costs)
The absence of any one of these properties may indicate that the recovery is not a legitimate recycling activity and consequently, the wastes would be subject to full regulation as hazardous waste. Under 40 CFR 261.2(f), any person claiming an exclusion from RCRA has the full burden of proving that his or her activities are legitimate. If there is any controversy, the applicable regional and State waste management authorities will determine which activities are legitimate, or not, on a case-by-case basis.
These criteria were first outlined by the U.S. EPA in the Federal Register (January 4, 1985; 50 FR 648-649) when this exclusion was first created and further explicated in a 1998 letter from Elizabeth A. Cotsworth (then Acting Director EPA Office of Solid Waste) to the Law Offices of David J. Lennett.
If generators qualify for the precious metals recycling exclusion, they must:
- Notify the EPA of their hazardous waste activities;
- Follow the manifesting requirements of 40 CFR 262, Subpart B; and
- Keep records to prove they are not speculatively accumulating the material by taking inventory on January 1st and shipping at least 75% by weight or volume off premises to the reclamation facility by December 31st of the same year.
Generators are not required to store this material in RCRA-regulated management units.
What other RCRA exclusions do you find useful? Share below.
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Basic Description Order Phase Out Posted on October 16, 2012 by James Griffin
When shipping fully regulated hazmat packages, all shippers must create shipping papers to provide hazard information to their carriers and emergency responders. The core element of a hazmat shipping paper is the “basic description” of each hazardous material in the consignment. [49 CFR 172.202(a)] The basic description is made up of the following four elements, in order:
- Identification Number
- Proper Shipping Name
- Hazard Class or Division
- Packing Group (if applicable)
You may notice that these elements are in the same order as the column headings in the List of Dangerous Goods (IATA DGR 4.2) and the Dangerous Goods List (IMDG Code 3.2).
Ages ago, the U.S. Department of Transportation authorized shipping papers to display the basic description in this order:
- Proper Shipping Name
- Hazard Class
- Identification Number
- Packing Group
This order is the same as the column headings in the Hazardous Materials Table (49 CFR 172.101), and form the mnemonic anagram “SHIP.”
In 2007, the DOT amended the Hazardous Material Regulations to harmonize the order of elements in the basic description with international standards. In part because expensive legacy database systems were already in place under the old method, the DOT implemented the rule change with a lengthy 6-year phase-in period.
That phase-in period ends in 76 days.
As of January 2, 2013, the U.S. DOT will consider it a violation of the HMR to offer shipping papers that list the Proper Shipping Name first.
Keep in mind that dicta on the U.S. EPA’s Uniform Hazardous Waste Manifest still refer to the old order, and we have no reason to believe it will be revised any time soon. As the DOT is the agency that enforces transportation, go with its instructions until the EPA catches up.
Keep Up to Date on the Latest DOT Rules
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Regulating Underground Storage Tanks Posted on October 09, 2012 by James Griffin
According to the U.S. Environmental Protection Agency, “there are approximately 587,000 underground storage tanks (USTs) nationwide that store petroleum or hazardous substances.” (http://www.epa.gov/oust/) The Office of Underground Storage Tanks (OUST) was established by EPA in 1985 in response to Congress’s statutory mandate under the Resource Conservation and Recovery Act to better regulate USTs. The intent was to cut down on the effect releases from USTs have on groundwater and underground sources of drinking water. Current estimates place groundwater as the primary source of drinking water for 50% of the population of the U.S. and up to 90% for rural areas. Leaking USTs have the potential to contaminate those sources.
What Exactly Is an Underground Storage Tank?
40 CFR 280.12 defines an Underground Storage Tank as “any one or combination of tanks (including underground pipes connected thereto) that is used to contain an accumulation of regulated substances, and the volume of which (including the volume of underground pipes connected thereto) is 10 percent or more beneath the surface of the ground…” Yes, even if the tank itself is above-ground, it is still a UST if the underground piping connected to the tank constitutes 10 percent or more of the total system volume.
What’s Not a UST?
There are over a dozen full and partial exclusions from the UST rules. Some of the most common are:
- Farm or residential tanks of 1,100 gallons or less capacity used for storing motor fuel for noncommercial purposes
- Tanks used for storing heating oil for consumptive use on the premises where stored
- Septic tanks and pipeline facilities (these tanks are regulated by Safe Drinking Water Act and DOT programs, respectively)
- Storage tanks in underground areas like cellars and tunnels if situated above the floor (these tanks are below-grade but not buried and therefore can be visually inspected on a regular basis)
What Are the UST Requirements?
EPA has divided the UST requirements into three pieces: technical requirements, financial responsibility, and State objectives.
- Technical Requirements—include rules for tank construction, prevention of releases, closure, and clean-up of release. EPA’s “MUSTS FOR USTS” is an excellent resource for questions about the technical requirements.
- Financial Responsibility—puts the owner of the UST in the position of being financially capable of cleaning up releases, remediating contaminated ground as necessary, and reimbursing affected third parties; this can mean having as much as $1,000,000 in escrow against a release event. EPA’s “DOLLARS AND SENSE” is the go-to guidance document for meeting these requirements.
- State Objectives—cover the states’ responsibilities for regulating USTs. As of early 2012, 38 states, the District of Columbia, and Puerto Rico have Federally approved UST programs in place, some of which are more stringent than U.S. EPA’s rules. A full list and links can be found at: http://www.epa.gov/oust/fsstates.htm
What tips and resources can you share to help meet UST regulations? Share below.
GHS: Hazards Not Otherwise Classified Posted on October 02, 2012 by James Griffin
Q. Is there any specific definition for “Hazards Not Otherwise Classified” under the new GHS rule? Also, what rules apply to them?
A. With the incorporation of the Globally Harmonized System (GHS) into the Occupational Safety and Health Administration’s (OSHA’s) regulations, companies are faced with revisiting established classifications of their hazardous chemicals.
According to OSHA’s Hazard Communication (HazCom) Standard, employers must identify all hazardous chemicals in the workplace and communicate the hazards of these chemicals to employees. While the GHS revisions added criteria for a few new hazards (asphyxiants, pyrophoric gases, combustible dusts, etc.), they did not remove any of the old physical and health hazards (explosives, flammable liquids, oxidizers, poisons, corrosives, carcinogens) from the standard.
One of the more confusing new categories is referred to as “Hazards Not Otherwise Classified” (HNOC). This category exists to catch workplace hazards that have not yet been defined in the regulations. Under OSHA’s reasoning, employers still have an obligation to protect employees from hazardous chemicals, even when the chemical doesn’t fit in an officially defined hazard classification.
OSHA’s definition of Hazards Not Otherwise Classified (HNOCs):
“Hazard not otherwise classified (HNOC) means an adverse physical or health effect identified through evaluation of scientific evidence during the classification process that does not meet the specified criteria for the physical and health hazard classes addressed in this section.” [1910.1200(c)]
If scientific evidence has proven that something has a physical or health hazard, you need to identify the chemical and cover it in your HazCom program. This does make some sense, because OSHA cannot possibly identify every dangerous hazard in the workplace. The rule acts as a way to still pull in chemicals that OSHA did not think of. It’s a specific case of the General Duty Clause [29 U.S.C. § 654, 5(a)] as applied to the HazCom Standard.
One other important aspect of HNOCs is also pointed out in the latter part of its definition:
“This does not extend coverage to adverse physical and health effects for which there is a hazard class addressed in this section, but the effect either falls below the cut-off value/concentration limit of the hazard class or is under a GHS hazard category that has not been adopted by OSHA (e.g., acute toxicity Category 5).”
In essence, OSHA is forbidding businesses from overregulating hazards that they have already identified as hazardous. For instance, flammable liquids are defined as any liquids with a flash point less than 200°F. If a business had a chemical with a flash point of, say, 230°F, employers would not be able to call it “flammable” just to be safe.
OSHA has not yet identified any specific HNOCs. However, if a company finds that one of its products meets the definition of an HNOC, then they must communicate that hazard to their employees. This will be done through additional training for employees, and the hazards must be addressed on Safety Data Sheets (SDSs). However, HNOCs do not have to be labeled, as none of the extant labels would apply. [29 CFR 1910.1200(f)(1)]
Learn about all of the new HazCom rules including, HNOCs, chemical labeling system, MSDS’s , and more at Lion’s Preparing for OSHA’s New GHS Rule Webinar.
How are you preparing your facility and personnel for OSHA’s GHS rule? Share your comments.
RCRA Options for Recycling Waste Lead-acid Batteries Posted on September 25, 2012 by James Griffin
Although lead-acid batteries generally exhibit the hazardous waste characteristic of toxicity for lead (D008) and would be subject to significant restrictions when discarded, the EPA encourages their recycling by providing two alternative management standards. Lead-acid batteries may be managed as “universal waste” under 40 CFR Part 273 or under the specific alternative standards of 40 CFR 266, Subpart G.
Managing Lead Batteries as Universal Waste
A universal waste handler is prohibited from disposing or diluting lead-acid batteries, and must manage them in a way that prevents releases of any of their components to the environment. If a battery is damaged and could leak, it must be kept in a closed, structurally sound container that is compatible with the contents of the battery. In general, treating lead-acid batteries is also prohibited, except when specific management standards are met.
Under the Universal Waste Regulations, 40 CFR 273, there are permissible treatment activities. The generator may remove the lead-acid batteries from the devices they are powering; discharge them so as to remove the electric charge; remove the electrolytes as long as the batteries are reclosed immediately after removal; or regenerate them. (The electrolyte itself must be managed as a hazardous waste under 40 CFR 260-272, if it exhibits a characteristic)
Each individual battery or container in which the batteries are stored must be marked with the words “Universal Waste—Battery(ies),” or “Waste Battery(ies),” or “Used Battery(ies).” Generally, the generator must be able to demonstrate that the batteries have not been stored on site for more than one year. This can be accomplished in many different ways, including indicating an accumulation start date on the battery or container or maintaining an inventory system, log, or computer record.
Training and Emergency Response
Employees must be trained in how to properly handle lead-acid batteries and in emergency procedures in the event of fire, explosions, and releases. If the battery is compromised, any resultant releases must be contained immediately.
Reclaiming Spent Lead-acid Batteries
If a generator is storing lead-acid batteries destined for reclamation by regeneration (i.e., replacing the electrolytes) or by any other method other than regeneration, then he or she is exempt from most of the standard RCRA regulations (40 CFR Part 262-270).
What this means, in essence, is that there are no specific RCRA management standards—including time limits—and no requirements for marking, training, or manifesting, as long as you follow the minimum requirements in 40 CFR 266, Subpart G.
If the lead-acid battery will be reclaimed by a method other than regeneration, the generator will be subject to applicable land disposal restriction requirements found in 40 CFR Part 268. In particular, since the generator is managing a prohibited waste that is excluded from regulation subsequent to the point of generation, he must place a one-time notice describing the exemption and disposition of the waste in the facility’s on-site files (40 CFR 268.7(a)(7)).
Off-site Shipments of Lead-acid Batteries
Take into consideration any DOT hazardous materials transportation regulations under 49 CFR 171-180 applicable to shipping lead-acid batteries off site. The generator is not required to use the uniform hazardous waste manifest to ship universal waste lead-acid batteries to a universal waste handler. However, large quantity handlers of universal waste (anyone who accumulates more than 5,000 kilograms total of all universal wastes—batteries, pesticides, mercury-containing equipment, or lamps—on site at any one time) must keep a record of each shipment. This record can take the form of a log, invoice, manifest, bill of lading, or any other shipping document.
Do you ship batteries off-site? Keep in compliance with DOT Regulations for battery shipments with Lion’s Shipping Batteries Online Course. Get the latest batteries rules you need to avoid expensive fines and penalties.
What other difficulties do you find managing batteries? Share comments below.