1.Concepts and Regulatory Framework:  2.Regulated Waste  Facilities:
3.How to Determine:  4.Compliance Problems:  5.Key Questions:

1. Hazardous Waste Concepts and Regulatory Framework

The 1976 Resource Conservation and Recovery Act (RCRA) defined a  "cradle-to-grave" management system for keeping hazardous wastes from polluting  the environment. EPA was directed by this federal act to develop various  regulations to implement the cradle-to-grave concept. The current EPA  regulations are found at 40 CFR 260 to 270. Up until 1994 when it adopted the  federal, Connecticut had a separate and different set of hazardous waste  management regulations. At present, the Connecticut regulations generally  parallel the federal, incorporating the federal by reference, but taking a  number of exceptions or creating additional requirements unique to  Connecticut.

Types of Facilities
Under either set of regulations, there are three types of facilities:

• generators (commercial and industrial  companies that produce a waste from manufacturing or other business operations);
• transporters (firms which take the waste  from generators to disposal facilities); and
• transport, storage and disposal (TSD)  facilities (which accept the waste and destroy it or otherwise dispose of it in  an environmentally acceptable manner).

A paper trail (hazardous waste manifest)  tracks the waste from generator (the "cradle") to transporter to TSD facility  (the "grave"), in order to document proper handling and disposal. Identification  numbers are assigned by EPA to generators, transporters and TSD facilities to  implement the manifest tracking system (they're commonly called EPA ID numbers).  A TSD facility with a contract to take a generator's waste typically will  characterize the generator's waste streams, assign their own internal waste  stream code, and conduct the waste testing necessary to properly handle the  waste.

There currently are 39 Connecticut-licensed transporters, and 12  Connecticut-permitted TSD facilities. In addition, there are a number of TSDs in  other states that take Connecticut wastes for disposal. DEP keeps an updated  list of transporters and TSDs.

Generators are categorized by size and frequency of waste shipments. The  basic distinctions in Connecticut are:

Conditionally-exempt small quantity generator (CESQG). Generates less than 100 kilograms per month (kg/mo). Small quantity generator (SQG). Generates more than 100 kg/mo, but less than 1000 kg/mo. Stores less than 1000 kg at any one time*;  holds waste no longer than 180 days before shipping. Generator (also called large quantity generator (LQG)). Generates more than 1000 kg/mo. Holds waste no longer than 90 days before shipping; no ceiling  on storage amounts.

* The federal ceiling is 6000 kg storage, and DEP currently is  considering raising the state ceiling from 1000 kg, but probably not to 6000  kg.

Connecticut regulations apply some of the federal large quantity generator  standards to small quantity generators, so that caution is advisable when  setting up a compliance program. Generators that are episodic (e.g., a one-time  cleanout of obsolete chemicals) may be given a temporary EPA ID number solely  for that shipment.

When Is A Waste Hazardous?
The basic premise of federal and state regulations is that wastes are  hazardous if they:

• are listed (on one or more lists in 40 CFR 261); or
• have a hazardous characteristic (ignitable, corrosive, reactive, or capable of leaching a toxic constituent to  the groundwater if placed in a landfill), as specified in 40 CFR 261.

EPA assigns waste codes consisting of the letter F, K, P or U followed by  three digits to identify specific listed hazardous wastes, and the letter D followed by three digits to identify specific characteristics of hazardous wastes. These  codes are the key identifiers of hazardous waste, and appear on the manifests  when wastes are shipped.

In addition, other parts of the regulations (or other regulations, or EPA or  DEP policy documents) may include other wastes under the "hazardous" umbrella,  such as:

• waste oil containing more than 0.1%  chlorinated solvents, or too high a concentration of heavy metals;
• mixtures of non-hazardous wastes and  hazardous wastes;
• soils or other media that have been contaminated and thus contain a hazardous waste;
• waste electrical gear, light ballasts or other articles containing  polychlorinated biphenyls (PCBs);
• hazardous recyclable wastes, up until they  are actually recycled;
• building demolition wastes with high  concentrations of lead paint;
• scrap fluorescent lamps, thermostats or  other devices containing mercury;
• scrap batteries containing lithium, lead  or cadmium;
• medical wastes potentially containing  blood-borne pathogens or diagnostic radioisotopes.

When Is A Waste CT-Regulated?
Certain wastes that are not hazardous under the above regulations still may  be designated as CT-regulated wastes subject to special handling, transport and  disposal requirements. These wastes are covered by Connecticut statute (CGS  22a-454 and 22a-432) rather than by regulation, and are:

CR01 Waste PCBs Scrap electrical equipment (transformers, capacitors,  switchgear), fluorescent light ballasts, hydraulic machinery, oil, or debris  with more than 50 ppm PCB. CR02 Waste oil Unusable fuel oil, lube oil, diesel, kerosene, motor oil,  hydraulic oil, mixed oil and water recovered from oil-water separators, spills  or tank cleanings. CR03 Waste water-soluble oil Unusable petroleum or vegetable-based oils from machine cooling,  metal working and similar processes that are emulsified or soluble in  water. CR04 Waste chemical liquids Unusable chemical liquids such as antifreeze, water-based  paints, grinding, tumbling or grit-blasting solutions, heat exchanger  liquids. CR05 Waste chemical solids Unusable solids such as manufacturing scrap, dusts or debris  from a manufacturing or industrial process, asbestos, other solid residues, and  contaminated soil.

Some of these wastes also can be hazardous, so before handling them as  CT-regulated, a generator must make a  determination that they do not fall under the hazardous waste  regulations. A hazardous waste manifest generally is not required for  CT-regulated wastes, but many transporters and TSDs use them as a matter of  convenience, since some sort of shipping papers are required for transport  purposes. Shipping a CT-regulated waste does not make a facility a  generator under the hazardous waste regulations. Some CR05 wastes can be placed  in a municipal landfill, but only with the landfill approval and under a DEP  Special Waste Authorization. No CT-regulated liquid wastes or slurries can be  placed in a municipal landfill.

Restrictions on Landfill  Disposal
Generally, hazardous wastes cannot be landfilled except in specifically  designed landfills that protect against migration of contaminants. There are  none of these in Connecticut. The ones most commonly used by Connecticut  companies are located in western New York, Ohio and Alabama.

In addition, the following cannot be placed in municipal landfills:

• solid wastes that contain hazardous waste constituents above specific  concentration limits; or
• residues of hazardous waste treatment processes that retain hazardous waste  constituents above specific concentration limits.

This is the land disposal restriction concept, which takes the form in EPA  regulations 40 CFR 268 of  tables with specific allowable concentration limits and treatment technologies  for wastes that are restricted from landfill disposal. It is possible for a  waste to be non-hazardous under the regulatory  definition, and yet still be restricted from  landfill disposal. Land disposal restriction notices must be made out to  accompany most manifests and hazardous waste shipments.

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2. Hazardous and Regulated Waste  Facilities

There are presently 12 hazardous waste facilities (TSDs) and 7 CT-regulated  waste facilities permitted in Connecticut. The TSDs have federal (RCRA) permits  in addition to state (RCSA 22a-454) permits. Most of these are niche companies  that specialize in a relatively narrow range of hazardous waste activities, such  as recovery of precious metals, recycling of specialty chemicals, parts washing  solvent reclamation, waste oil recycling, and treatment of lead paint debris and  fluorescent lamps.

For a brief description of hazardous and regulated waste facility permits, go  to theConnecticut Licensing Info  Center, and search the Environmental category for the keyword Waste. To get more detailed information, fact sheets and downloadable  permit application forms, go to the DEP User's Guide to Environmental Permits. DEP has a permit  application package for regulated waste facilities (called Section 22a-454  facilities).

Note that a generator is not a hazardous  waste facility (except inadvertently by holding wastes longer than the 90 day or  180 day time limit, or by having filed an "interim status" application, or by  treating hazardous waste onsite). Generators do not need permits; they are  identified by an EPA ID number (obtained through DEP).

3. How to Determine If a Waste Is  Hazardous

Making a hazardous waste determination can be pretty simple, or so complex as  to almost be an art form. Sometimes the determination can be made based on  knowledge (e.g., information from MSDSs), and sometimes testing of the waste  stream is required (e.g., send a representative sample of the waste to a lab or  to the disposal facility). The general sequence of questions to be asked is as  follows:

Q1: Is the material really a  waste? If you sell a material to another manufacturer for  direct use as a feedstock for his processes, it's not a waste, and cannot be a  hazardous waste. Contaminated soil is by definition not a waste (although it may  contain one). Q2: Is it subject to an exemption? Certain specific wastes are exempted. They may be  described in the regulations specifically by category, or by manufacturers who  have delisted their wastes. Q3: Is it a listed hazardous waste? It must be on one or more lists in 40 CFR 261), specifically the F, K, P or U lists. Q4: Does it have a hazardous characteristic? The four characteristics as specified in 40 CFR 261 are:  ignitable, corrosive, reactive, or toxic (capable of leaching a toxic  constituent to the groundwater if placed in a landfill). Q5: Does it contain, or  is it mixed with, or does it derive from a listed hazardous waste? The contained-in policy, the mixture rule, and the  derived-from rule are regulations or policies established by EPA to prevent  hazardous wastes from creeping into other (non-hazardous) waste  streams.

These five are the basic questions for most manufacturing process waste  streams. The EPA suggested strategy for determining if you have a hazardous  waste, and how to handle it, is shown in the below diagrams (excerpted from the  federal regulations).

4. Common Compliance Problems

From studying a number of DEP notices of violation (NOVs), consent orders  and administrative orders over the past ten years, it appears to us that about  80% of the problems in complying with hazardous waste regulations consistently  fall into the same four areas:

1. Keeping Obsolete Materials on Hand
So long as raw materials are being used in a manufacturing process, even if  very infrequently, they may be kept in inventory without being considered a  waste. While DEP has no desire to intrude on manufacturing decisions or  materials stored for manufacturing, an inspector will typically want to know  that:

• there is a documentable use for the material; and
• it's still usable (e.g., shelf life hasn't expired); and
• it's not being accumulated speculatively, with no clear end use apparent in  manufacturing, recycling or other beneficial reuse.

Think of this in the context of a kitchen: the non-degradable dried herb  seasoning used in your turkey stuffing every Thanksgiving is a legitimate raw  material; the onion that's completely rotted away in a ZipLoc bag in a forgotten  corner of the refrigerator is not.

2. No Environmental Procedures (or Inadequate  Procedures)
Many problems with management of hazardous or regulated waste can be traced  to the absence of specific, written procedures on how to deal with each aspect  of plant waste streams. Writing things down in a to-do sequence usually forces a  fuller consideration of the many aspects of waste stream management. Keeping a  written document assures that new people get trained on a consistent basis, and  lessens the uncertainties associated with verbal briefings.

3. Poor (or Non-Existent) Contingency Plan
Most contingency plans don't properly identify emergency equipment, don't get  sent to the persons who might need them, and don't get updated to reflect key  changes like phone numbers of emergency coordinators. Typically, they have  evolved over the years into a mish-mash that is difficult to understand and is  not useful when an emergency actually occurs.

4. Inadequate Training Program and Documentation
Very few small companies have good hazardous waste training programs. Most  make an honest effort, but the training material is usually not targeted well  enough to actual practices. Documentation of what the training actually consists  of (e.g., a brief session outline), and who is required to get what training, is  usually not clear.

There is a remarkable consistency about this pattern. It hasn't changed much  in the past ten years (except of course that the facilities subject to NOVs or  orders fixed up their problems).

Practical solutions to the latter three problems are contained in the CBIA  Workbook Systematic Environmental Compliance / Integrated Models, published in  1991 by CBIA's Environmental  Policies Council. This workbook contains model environmental procedures, a  model contingency plan, a model training program, and model training materials.  It was developed for a hypothetical plant that incorporated manufacturing  processes most common to Connecticut.

If you're interested in the "human factors" side of compliance, read our Insights on  environmental management systems. This says in brief what ISO 14000 later  stated in great detail. It's a down-to-earth, practical place to start, and  contains some simple diagnostic tools you can use for self-assessment.

5. Key Questions for Hazardous Wastes

This link will open an Adobe pdf file to display a list of key questions to ask yourself on hazardous  and regulated wastes. (You need Adobe Acrobat Reader v3.0 or  later enabled on your browser as a helper to view this list. To return to this  page after viewing the list, just click the browser back button . If you  don't have this free software, we suggest you download Acrobat Reader).

These questions are the common starting points for environmental auditing of  small and mid-sized manufacturing facilities in Connecticut. Depending on your browser and platform, to print a paper copy you  may need to first Save As a .pdf file on your hard drive.

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