March 12, 2010

Potpourri - The past several months this listserv has concentrated on Missouri specific laws and regulations. It is now time to wrap up that theme with a few remaining topics.

In Missouri:

Volatile wastes that have a true vapor pressure of greater than 78 millimeters (mm) of mercury at 25 degrees Celsius shall not be placed in an open tank. This regulation is meant to prevent hazardous wastes from volatilizing into the air.  If volatile hazardous wastes with a true vapor pressure higher than 78 mm are stored in an open tank, this would be considered a violation of this regulation and could be considered illegal treatment of a hazardous waste and a violation of proper tank conditions. Other things to consider include the very real potential for vapors that volatilize off of the hazardous waste to ignite or injure workers. See 10 Code of State Regulations (CSR) 25-5.262(2)(C)2.F(I) for more information.

Large and small quantity hazardous waste generators must have all completed hazardous waste manifests returned to them within 35 days of initial transport. This is to ensure that your hazardous waste is being properly and timely transported to its destination facility.  If your business does not receive the completed manifest within 35 days of the initial pickup, you must complete and submit a Hazardous Waste Generator's Exception Report 780-0651 within 45 days of the initial transport. Exception reports must be kept for three years. It is a good idea to log all hazardous waste shipments so that you can track when you receive your completed hazardous waste manifests. Your log can include information such as the initial date transported, Uniform Hazardous Waste Manifest tracking number, completed manifest received date, waste type, and quantity. This information can not only help you keep track of your hazardous waste, it can also aide in evaluating your hazardous waste service providers' invoices such as those from transporters, consultants, and treatment, storage, and disposal facilities. See 10 CSR 25-5.262(2)(B)5 and 10 CSR 25-5.262(2)(D)2 for more information.

In addition to exception reporting, 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. 

If you import hazardous waste you must register with the DNR as a generator. You must also specifically identify hazardous wastes intended to be imported four weeks in advance of doing so. As an importer you must keep and maintain the following information: individual original foreign generator's names and addresses for all mixed bulk shipments, the hazardous wastes' technical chemical name from each source, the quantity of waste imported from each source, and the list of EPA waste numbers (i.e waste codes). Exporters of hazardous waste must also send copies of exception reports and annual reports to the DNR. See 10 CSR 25-5.262(2)(F) for more information.

Jan. 11, 2010

Storing more than 1,000 kilograms (kg) of Liquid Hazardous Waste

When your business has 1,000 kg (or 2,200 pounds) or more of liquid hazardous waste in storage you must provide a containment system for the waste. This includes liquid hazardous waste both in containers and in tanks (see 10 Code of State Regulations (CSR) 25-5.262(2)(C)2.D(1) and 10 CSR 25-5.262(2)(C)2.E)

The containment system must be designed, maintained, and operated as follows:

  • Have an impervious base this is free of cracks and gaps. Ordinary concrete does not qualify as impervious. An impervious coating must be added to concrete to meet the regulation. Cracks must be repaired when discovered.
  • The base of the containment system must be either sloped or designed and operated to drain and remove liquids or
  • The hazardous waste containers must be elevated off the base so that they are protected from contact with accumulated liquids.

Missouri has additional requirements for hazardous waste containment areas including:

  • The containment system must have either a capacity equal to 10 percent of the total volume of all the liquid hazardous waste or the volume of the largest liquid hazardous waste container, whichever is greater.
  • Liquids must be prevented from entering the containment system unless the collection system has sufficient excess capacity to hold run-on liquids.
  • All spills, leaks, or precipitation must be removed as necessary to prevent overflow of the collection system.

Now remember, containment is only required for liquid hazardous wastes totaling 1,000 kg or more in storage. This means that if your business has non-liquid hazardous waste, for instance a compressed gas or dry material, then you should not count these wastes towards your 1,000 kg total for the liquid waste containment requirements. Also, the containment requirement only applies for hazardous waste in 90 day or 180/270 day storage, not for wastes stored in satellite accumulation areas. Satellite accumulation areas do not have a containment requirement for liquid hazardous waste.

The containment system must be inspected as part of your weekly inspections. Always look for cracks and gaps in the base and walls of the containment system. When employees add containers of liquid hazardous waste to the storage area, make certain that all of these containers are stored in containment once you reach 1,000 kg. Remove spilled or leaked waste and any precipitation to prevent overflow of the containment system.

If you increase the size of your largest hazardous waste container or tank you may need to increase your containment area. For instance, if you store over 1,000 kg of liquid hazardous waste and your largest tank is a 800 kg, then your containment area would need to hold 800 kg. If you increased your hazardous waste storage area to hold a 1,500 kg tank then you would need to have containment capable of holding 1,500 kg. If, however, you store numerous small containers of liquid hazardous waste, you may need to use the 10 percent of total volume standard when calculating the volume of your containment system.

You must inspect for precipitation, spills, and leaks and remove this material from the containment system so that it is allowed to function properly. Additionally, do not store anything other than hazardous waste (i.e. no empty drums, packaging, trash bins, products) in the containment area unless you have the excess capacity to do so. Containment is designed to hold spills and leaks. Any material stored in the containment area reduces its capacity.

While designing your containment area it is a good idea to allow for some excess capacity. Many businesses are comfortable using containment pallets rather than pre-designing or modifying the hazardous waste storage area. Make sure that your containment pallets are designed for the prescribed criteria listed in the regulations. Never store hazardous waste containers overlapping the edge of the containment area because this could result in a release of liquid hazardous waste outside of the containment area. Also, if your containment pallet utilizes a bladder to contain spills make sure that the bladder has adequate space to expand and perform as designed.

For more information about storing 1,000 kg of liquid hazardous waste, please review our Hazardous Waste Generator Status Guidance (PUB2224) fact sheet.

Dec. 28, 2009

Adequate and Proper Spill Control

What constitutes adequate and proper spill control for hazardous waste? In Missouri, large and small quantity generators must have on site spill control, decontamination, and safety equipment available for employees to use. This equipment may include but is not limited to: fire blankets, self-contained breathing apparatuses (often referred to as SCBAs), absorbents, and the like. Please note that some of these items may not be required due to the nature of the wastes and activities conducted or reasonably anticipated. For example, SCBAs are not likely needed to clean up a small spill of spent caustic soda. It is important that you know the properties of your hazardous waste and the best way to manage these wastes in the event of a spill or release. The equipment that you have must be consistent with what is expected of your employees in the event of an emergency.

Spill control equipment, such as absorbents, must be compatible with the wastes you have on site and must not react or cause a fire. For example, you should never use sawdust to absorb or impede a strong oxidizer because it may cause a fire. Your business should provide enough spill equipment for the release of the largest size hazardous waste container that you store. For example, if you only store your hazardous waste in 5-gallon buckets, a relatively small amount of absorbent is needed and the overpack for that container could be small. If, however, you store some hazardous wastes in 55-gallon drums and 250-gallon totes, you should have absorbent sufficient enough to absorb a spill from the larger 250-gallon tote. Don't forget to have expendable equipment, such as drums, containers, mops, brooms, etc, on site to clean up absorbent and spilled materials!

Occupational Safety and Health Administration, or OSHA, regulations and guidance] should be in good condition and routinely checked to see that they are in working order. We recommend that decontamination equipment be within a ten second radius of the potential hazard. No door should separate the decontamination equipment and the hazard. As a general rule, eye wash stations and safety showers should provide enough water for fifteen minutes of rinsing. All decontamination equipment should be well lit and have adequate signs that are easy to read in an emergency situation.

If employees wear respirators for emergency response situations, inspectors may check your records for proper fit testing and respirator inspections. Please see OSHA requirements for more information. Again, any spill control or safety equipment listed in your contingency plan will likely be inspected during an inspection. It is vital that the equipment provided to employees satisfactorily address problems so that a somewhat minor spill or emergency is prevented from becoming a larger, more dangerous situation.

Adequate Water Control and Fire Equipment

What constitutes adequate water supply and fire control equipment? Large and small quantity generators must have an on site water supply and fire control equipment. Inspectors will look at contingency plans or facility maps to identify the location of fire control equipment and make sure that the equipment is actually where it is designated to be and in working condition. Fire control equipment may consist of fire alarms, smoke detectors, sprinkler systems, dry chemical fire suppression systems, foam fire suppression systems, fire blankets, fire extinguishers, and the like. Be certain that your fire control equipment is appropriate for the type of hazardous waste that you have. For instance, you would never use a water sprinkler system on a hazardous waste that is reactive to water.

The most commonly used fire control equipment is a fire extinguisher. Fire extinguishers have an A, B, or C classification system. A is for ordinary combustibles, B is for flammable liquids, and C is for electrical fires. Many fire extinguishers are a combination and can be used for all three types of fires. Tailor the fire extinguisher that you choose for the specific type of hazardous waste you have. Fire extinguishers must be charged and inspected as required (please see OSHA requirements and consult your local fire department). We recommend that fire extinguishers be stored near each area where you store or accumulate hazardous waste rather than directly inside the hazardous waste area. This prevents employees from entering the hazardous waste area to retrieve the fire extinguisher to fight the fire. If employees are going to use a fire extinguisher or hose system, it is better to have that equipment stored near the hazardous waste area rather than wading through the hazardous waste area to get the fire control equipment. Again, the department does not require businesses to stay and fight any fire on their property and we strongly encourage businesses to first contact emergency services when a fire occurs

Nov. 30, 2009

Satellite Accumulation of Hazardous Waste

The management of hazardous waste in satellite accumulation is very beneficial to businesses in most instances. There are reduced requirements for hazardous waste stored in satellite accumulation because these hazardous wastes are managed at or near the point of origination and under the direct control of the operator. For instance, secondary containment is not required at the satellite accumulation area and the proper shipping name does not have to be on the satellite accumulation container. Hazardous waste generators can simply mark the satellite containers "Hazardous Waste," use the EPA waste code (e.g. F003 for a spent xylene solvent), the shipping description, or identify the contents of the container (i.e. "Waste Xylene").

In Missouri, containers of hazardous waste in satellite storage must also be labeled with the beginning date of satellite accumulation. This date is important because hazardous waste can only be stored in satellite accumulation for one year. At the end of the one year time period, the hazardous waste must be sent to either 90-day storage for large quantity generators, 180-day or 270-day storage for small quantity generators, or the waste must be shipped off-site. Another benefit of storing wastes in satellite accumulation areas is that the containers do not have to be packaged, labeled, and marked according to U.S. Department of Transportation regulations.

Unlike other states that only allow up to 55 gallons total in satellite accumulation, Missouri allows generators to have up to 55 gallons of hazardous waste, or 1 kilogram of acutely hazardous waste, per waste stream in satellite accumulation. However, only one container per waste stream is allowed so if you use and fill a 5-gallon bucket in your satellite accumulation area it must be moved to storage. Once a container in satellite accumulation is full or you have accumulated 55 gallons, you have three days to move the hazardous waste from satellite accumulation to your storage area. Containers in satellite accumulation must be in good condition, compatible with the wastes they are holding, and kept closed except when adding or removing wastes. For more information, please review our fact sheet on satellite accumulation at

Oct. 30, 2009


In Missouri LQGs and SQGs have special requirements for preventing accidental ignition or reaction of ignitable (D001) or reactive wastes (D003) while they are in storage. The purpose of this Missouri specific regulation is to prevent fires that could endanger the public, your employees, and first responders, and avoid expensive property damage that could close down your business for months. Ignitable and reactive wastes must be separated and protected from sources of ignition or reaction.

Examples of ignition or reaction sources include but are not limited to:

  • Open flames such as the flame of a pilot light from heaters or water heaters.
  • Smoking.
  • Cutting and welding.
  • Hot surfaces.
  • Frictional heat.
  • Sparks from static, electrical or mechanical sources.
  • Spontaneous reactions from heat-producing chemical reactions.
  • Radiant heat from equipment or processes that produce heat or hot water, steam pipes, or electric resistance coils used for heating.
  • Electromagnetic radiation, devices that emit microwaves or magnetic fields that can induce electrical currents or heat.

Examples of methods to protect ignitable and reactive wastes from sources of ignition or reaction follow. Only use equipment that is intrinsically safe in the waste area where ignitable and reactive wastes are stored. Equipment used to close drums of ignitable and reactive wastes should be specifically designed not to spark, such as brass wrenches.

While ignitable or reactive hazardous waste is being handled, smoking and open flame must be confined to specifically designated locations. No Smoking signs must be conspicuously placed near ignitable or reactive hazardous waste. If these signs are not present during a hazardous waste inspection, the inspector will consider this a violation. Even if your entire facility is non-smoking, No Smoking signs must be placed in the hazardous waste storage area. Fires and explosions can cause the loss of life, employee injuries, damage to expensive equipment and costly delays in daily operations. Placing No Smoking signs in the hazardous waste storage area is an inexpensive and easy way to promotes safety and comply with the law.

Sept. 18, 2009

General Inspection Requirements

In Missouri, Large Quantity Generators, or LQGs, and Small Quantity Generators, or SQGs, must perform certain inspections as described in the Code of State Regulations.  So what are LQGs and SQGs required to inspect?   They must inspect the facility (including areas outside the hazardous waste storage area that may cause a release of hazardous waste) for:

  • Malfunctions.
  • Deterioration.
  • Operator error.
  • Evidence of discharge.
  • Leaks.

The inspection should identify and problems must be corrected before they cause harm to human health or the environment.  The federal regulations specifically state that inspections must be done weekly on containers and containment systems looking for leaks or deterioration.  

When in use, SQGs and LQGs must also inspect areas subject to spills on a daily basis including:

  • Loading and unloading areas, such as where drums or totes are filled or consolidated.
  • Overfill or spill control equipment to ensure it is in working order.
  • The above ground portion of equipment for corrosion and release.
  • Data from monitoring or leak-detection the tank system to ensure that the tank system is being operated according to design.
  • The construction materials and area around tank systems, including secondary containment structures such as dikes, for erosion or signs of release (for example wet spots, stressed or dead vegetation).

To demonstrate that your business is performing the required inspections, an inspection schedule is required.  Ideally, weekly and daily inspection checklists should be developed, kept on site, and available for a Missouri Department of Natural Resources inspector.  Tailor the inspection checklist for your business to include only what you have on site.  If your business does not have a containment system, then you do not need to put it on your checklist.  If your business has multiple hazardous waste storage areas, then you will either include them all on one checklist or have multiple checklists.   When not in use, areas subject to spills are not required to be inspected on a daily basis.

Both the daily and weekly inspections must be dated and cover the basics: systems and equipment operating correctly; spills, leaks, and deterioration of containers; and cover anything specific to your operations.  On the checklists, record any problems and how they were corrected.  You may want to keep the checklists on a clipboard near the hazardous waste area so that they are readily accessible and easy to review.  You may want to include the name or initials of the employee who is responsible for the inspection so if any questions arise the inspector can speak with that employee directly.

Conditionally Exempt Small Quantity Generators (CESQGs) are not required to perform inspections, however it is a good idea to routinely check that systems and equipment are operating correctly, and look for spills, leaks, and deterioration of containers.  CESQGs must manage their hazardous waste in such a way that it does not threaten human health or the environment or create a public nuisance.  If containers of hazardous waste spill or leak and threaten human health or the environment, this would be considered a serious violation.  

For more information on the regulations, please visit the following websites:
10 CSR 25-5.262(2)2.C(I)&(II)  
40 CFR 265.174  

Aug. 18, 2009

Hazardous Waste Storage  

In Missouri, containers of hazardous waste in storage at Small and Large Quantity Generators must be protected from contact with accumulated liquids. To comply with this requirement you can either store your hazardous waste in a containment system designed and operated in accordance with 10 Code of State Regulation (CSR) 25-5.262 (2)(C)2.D.(II), or have a storage area that is designed and operated to drain and remove accumulated liquid, or have hazardous waste containers elevated or otherwise protected from liquids. This requirement prevents your hazardous waste containers from being damaged by precipitation or other liquids, such as a water line break. It also helps employees inspect for spills and releases, because accumulated water is not allowed in hazardous waste storage areas. It is easy for employees to tell the difference between a hazardous waste spill and the routine sweating of a waste storage area's concrete floor. Businesses often find that elevated containers are easier to move.  

If your business stores hazardous waste indoors, make sure the bottoms of the containers are protected from liquids. This can include storing waste on a thick rubber mat, wooden pallet, containment pallet or the like. The inspector will be looking to see if there is an elevation difference between the ground and the drums. Alternatively, if your indoor waste storage area is designed and operated to drain and remove accumulated liquids, be sure that any spills of hazardous waste are stopped before they become a release to the environment.  

If your business stores hazardous waste outdoors make sure that the bottoms of containers are protected from liquids and that the tops of containers do not accumulate precipitation. A cover capable of protecting the containers from rain, sleet and snow must be used. A plastic drum cut in half and turned upside down over individual drums works nicely as a drum cover. This type of cover is spark resistant and easy to come by. Hazardous waste containers stored outdoors must also be kept off the ground if they are not in a properly designed containment area. If hazardous waste containers are not on a properly designed, sloped concrete floor the inspector will be looking for something substantial that elevates the drums. This can include storing waste on a thick rubber mat, wooden pallet, containment pallet, or the like.

If the method you choose to use fails and the inspector observes water or other liquids on, under, or around your hazardous waste containers, your business will be in violation of the regulation. Also, if the hazardous waste that you are storing is water reactive and is in contact with water, your business would also be cited for not separating incompatibles by a dike, berm or wall. Depending on the site conditions, you may also be cited for not operating and maintaining the facility to minimize the possibility of an emergency. The requirement for containers to be protected from contact with accumulated liquids does not apply to hazardous waste located in satellite accumulation areas.

Aug. 3, 2009

State Packaging, Labeling and Marking Requirements.

As we continue to discuss state specific rules, we will discuss a Missouri Regulation that affects almost every Small Quantity Generator, or SQG and Large Quantity Generator, or LQG. 10 CSR 25-5.262(2)(C)1 requires SQG and LQGs to package, mark, and label all hazardous waste in storage per U.S. Department of Transportation, or U.S. DOT, regulations referenced in 40 CFR 262.32 and 40 CFR part 262 Subpart C. The regulation explicitly exempts generators from marking the manifest document number for the shipment on the hazardous waste container until it ships. All other packaging, marking, and labeling requirements apply.

What does this requirement mean to SQGs and LQGs? It simply means that all hazardous waste in 90-day or 180-day (or 270 if shipped over 200 miles) storage must always be in a condition that it is ready to ship. This includes having all applicable hazardous waste labels, such as being packaged in the proper class of packaging, all applicable markings, such as proper shipping name, and the hazard class diamonds. For more information on markings and labeling, visit our previous listserv. Hazardous waste held in satellite accumulation is not required to be packaged, labeled, and marked per U.S. DOT regulations.

The intent of this regulation is to help first responders and emergency personnel quickly know what types of hazardous waste are at your business in an emergency situation. The requirement has other benefits as well. Because the work to prepare hazardous waste for transportation is done upfront, it avoids confusion. Employees placing the waste in storage also usually package, mark, and label the containers so there is no lag time between the two hazardous waste management activities and there is less likelihood that hazardous waste is misidentified. The labeling and marking also reduce the potential for miscommunication of the hazards present to your own employees. We know that Material Safety Data Sheets are required for many of the products to which employees are exposed. The labels and markings on hazardous waste in storage are an easy and succinct way for employees to be aware of the potential dangers of the waste. Nothing is clearer than a Class 8 Corrosive hazard materials warning label. This regulation also ensures that your hazardous waste is ready to go at a moments notice. There is no chance for a last minute packaging mistake or error. Finally, the regulations also allow you to self audit your packaging, labeling, and marking procedures while hazardous waste is in storage but before it hits the road where an error could cause a lot of problems in an inspection or emergency situation.

During a Missouri Department of Natural Resources inspection, the inspector will be looking at the shipping description and the U.S. DOT hazardous materials shipping table to make sure they are correct. Unless the waste has been misidentified, based on onsite observations, review of manifests, etc., the inspector will be using that information to see if the generator has been consistent and thorough in packaging, marking, and labeling. If the generator has been properly trained and is properly executing the U.S. DOT responsibilities that must be met for shipment, they should easily meet the state requirements during storage. Don't forget that U.S. DOT requires each person who performs, or causes to be performed, functions related to the transportation of hazardous materials such as determination of, and compliance with, basic conditions for offering; filling packages; marking and labeling packages; preparing shipping papers; handling, loading, securing and segregating packages within a transport vehicle, freight container or cargo hold; and transporting hazardous materials have the proper training. This includes anyone filling out a manifest, signing a manifest, or packaging, marking, and labeling hazardous waste for transport. Therefore, employees need to be trained and tested in the U.S. DOT requirements regarding packaging, marking and labeling, and shipping in general. Any business employing a hazardous materials employee covered by the law must have a program of training, testing, and record-keeping. For more information about the Hazardous Materials Transportation Rule regarding training, visit the Federal Pipeline and Hazardous Materials Safety Administration website.

May 1, 2009

Storing Containers of Ignitable or Reactive Waste

Federal regulations require containers holding ignitable or reactive waste must be located at least 15 meters or 50 feet from the hazardous waste generator's property line (40 CFR 265.176), unless your business is a Conditionally Exempt Small Quantity Generator.  Missouri further clarifies this regulation to say that containers  holding ignitable or reactive waste stored outdoors or in buildings not equipped with sprinkler systems shall be located at least 50 feet from the generator's property line.  According to 10 CSR 25-7.265(2)(I)8, you may store containers  holding ignitable or reactive waste at distances less than 50 feet of the property line if:

1.  Exposed walls, more than 10 feet but less than 50 feet from the property line, must have walls that have a fire-resistance rating of at least 2 hours.  Each opening must be protected by an automatically-closing fire door with a listed resistance of 1.5 hour.  


2.  Exposed walls, less than 10 feet from the property line, must have walls that have a fire resistance rating of at least four hours.  Each opening must be protected by an automatically closing, listed 3-hour fire door.

In either case, all of the following also apply to the structure:

  1. Construction design of exterior walls shall provide ready accessibility for fire fighting operations       through access openings, windows, or lightweight non-combustible wall panels.
  2. Container storage areas must have an automatic fire suppression system designed and installed       accordance with certain National Fire Protection Association Codes, or NFPA.  The final design must also be approved by a registered professional engineer in Missouri.  See 10 CSR  25- 7.265(2)(I)8 for specifics.
  3. Storage area has preconnected hose line capable of reaching the entire area and hand- held extinguishers are available. See 10 CSR  25-7.265(2)(I)8 for specifics.
  4. Only containers meeting DOT regulations and NFPA 386 (1990 edition) shall be used. e. Containers shall be organized to allow exit.  Evacuation plans shall recognize the locations of all automatically closing fire doors.
  5. Containers shall have at least 4 feet between rows or between double rows allowing accessibility to each container.  Containers shall not be closer than 3 feet from the ceiling.
  6. Explosive gas levels must be monitored continuously by personnel or by telemetry system to alert designated response personnel.

Hazardous Waste Recycling

Some forms of  hazardous waste recycling can keep your hazardous waste from being regulated under the state or federal hazardous waste management regulations or from being regulated as a waste at all.  The Missouri Department of Natural Resources' Hazardous Waste Program is seeing an increase in the number of facilities claiming a recycling exemption.  Some of these facilities are failing to consider whether the type of recycling they are proposing requires that their material remain a hazardous waste.  Only in specific circumstances can certain materials be recycled without falling under RCRA regulation.

 For example, hazardous "secondary materials" can exit the hazardous waste regulations by:

  1. Being used or reused as ingredients in an industrial process (provided they are not being       reclaimed) to make a product.
  2. Being used or reused as an effective substitute for a commercial product.
  3. Being returned to the original process from which they were generated (without first being reclaimed or placed in contact with the land).

There are more details to this which were discussed in the Oct. 29, 2007, listserv. You should also review the regulations carefully before trying to claim that your "hazardous secondary material" is not hazardous waste or is not a waste at all.  

There are also circumstances where materials are considered hazardous waste when they are recycled.  It is important to understand that you cannot claim this kind of recycling exclusion if :

  1. It involves use as a product or to make a product that would reasonably be expected to contact the ground.
  2. It involves burning.
  3. The material is accumulated speculatively.  This essentially means the material is not recycled quickly enough or in sufficient quantity to be considered something beside a waste.
  4. The material to be recycled contains certain dioxin compounds.

Materials recycled in a way that involves contact with the land or burning can probably be recycled, but will likely be governed under 10 CSR 25-7.266 and must be managed as a hazardous waste throughout the recycling process.  This also means the hazardous waste counts towards your generator status and hazardous waste generator fees and taxes as applicable.

April 9, 2009

Resource Recovery Certification

In Missouri, businesses that reclaim or reuse hazardous waste or transform hazardous waste into new products that are not hazardous wastes and do not qualify for an exemption, must obtain a Resource Recovery Certification per 10 Code of State Regulations (CSR) 25-9.020. This includes spent materials that are hazardous wastes when reclaimed such as spent solvent reclaimed in a still. Resource Recovery Certifications come in three levels, U, R1, and R2 based on the types of wastes accepted and the method of management.

U facilities resource recover only wastes from on-site and recover 1,000 kilograms or more a month;
R1 facilities recover hazardous waste in a mobile unit and have no quantity limitations;
R2 facilities recover hazardous waste generated off-site and have no quantity limitations.

If your business uses, reuses, legitimately reclaims or recycles less than 1,000 kilograms of hazardous waste in a month and that waste is generated on-site, your business does not need to apply for a Resource Recovery Certification 780-1163. However, you are required to notify the department of the activity, keep sufficient records to demonstrate your business only recycles at that level, and apply for resource recovery certification prior to recycling more than 1,000 kilograms. Other exemptions to resource recovery certification include proper precious metal recovery, activities already permitted such as treatment, storage, and disposal facilities, totally enclosed treatment facilities, and used oil managed per 40 Code of Federal Regulation (CFR) 279. For more information, please see our Hazardous Waste Resource Recovery publication.

April 1, 2009

Determining if recycled materials are solid wastes

Back in November of 2007, we sent out a listserv on materials that may be regulated by hazardous waste laws and regulations when they are recycled. As we continue to discuss Missouri specific regulations, it is time to again point out that Missouri regulations add an asterisk to Table 1 at the intersection of commercial chemical products and the third column entitled reclamation. You may see 40 Code of Federal Regulations (CFR) 261.2, Table 1 and be sure to pencil in the change when you print it out. This table is very important if you want to recycle and properly manage your material. In Table 1 the rows list the type of material that you may wish to recycle (i.e. the 'what'). The columns represent the manner in which you wish to recycle the material (i.e. the 'how'). If what you want to recycle and how you want to recycle it has an asterisk in the box where they intersect, then that material MUST be managed as a solid waste during the process. For example, a commercial chemical product listed in 40 CFR 261.33 that is reclaimed must be managed as a solid waste in Missouri. Commercial chemical products are not solid wastes when the ORIGINAL manufacturer uses, reuses, or legitimately recycles the material in his/her manufacturing process. If the material is a solid waste then the generator must determine if it is a hazardous waste. If the waste is hazardous then it must be managed as a hazardous waste during the recycling process. For more information on the definitions of secondary material or recycling processes, visit our November 2007 listserv archive on the topic at and scroll down to the entry.

Waste piles

The definition of a waste pile in 40 CFR 260.10 is "Any non-containerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building. Though most think of waste piles as being outdoors, waste piles can exist inside of structures and also meet the definition of waste piles. For instance, if a solid hazardous waste is kept in a lean-to or building with openings, contained by the integrity of the waste itself, then this type of storage meets the definition of waste pile and should be managed as required. According to 40 CFR 265 Subpart L sections 265.250 through 265.260, hazardous waste stored or treated in waste piles must have a permit. In Missouri, material that is stored or accumulated in surface impoundments or waste piles is considered inherently waste-like and is a solid waste, regardless of whether the material is recycled (see 10 Code of State Regulations 25-4.261(2)(A)1 This means if you store material you intend to recycle in waste piles or surface impoundments then you must make a hazardous waste determination on the waste. If the waste is hazardous then it must be managed as a hazardous waste during the recycling process To avoid making your material fall under hazardous waste regulation, do not store materials in waste piles that are allowed to be recycled under the exemptions covered in Table 1. Remember, since storage in a waste pile or surface impoundment requires a permit, you should look hard at any material you store in a pile, impoundment or lagoon-like structure to make sure they are not hazardous wastes. Per Missouri's regulation, you should look extra hard at anything you recycle that is accumulated in piles or that is placed in or somehow accumulated in surface impoundments.

Feb. 27, 2009

Registration - Hazardous waste generators that generate 100 kilograms or 220 pounds of non-acute hazardous waste or more in one month or accumulate that amount on site at any one time must register with the Department of Natural Resources, or DNR.  Also, hazardous waste generators that generate 1 kilogram (2.2 pounds) or more of acute hazardous waste or 1 gram or more of dioxin waste in one month or accumulate those amounts must register with DNR.  Registration costs $100 per year and requires filling out a notification of regulated activity form using this fill-in PDF form 780-1164. According to 10 Code of State Regulations (CSR) 25-5.262(2)3.B, you must update your registration any time information changes.  Also, annual reporting for small quantity generators and quarterly reporting for large quantity generators is required.  For more information on registration and reporting, see our fact sheet Hazardous Waste Generator Registration, Reporting, and Waste Fees .  Conditionally exempt small quantity generators may choose to register with the state and pay the yearly fee, but it is not required.  Businesses that generate hazardous waste on a one-time basis may obtain a temporary registration that is valid for 30 days.  This temporary registration requires the same reporting and registration fees for the covered time period.  For more information, see our fact sheet on Hazardous Waste Generator Status Guidance.

Transportation - Generators must use a licensed hazardous waste transporter to transport their hazardous waste to an authorized destination facility.  See our list of licensed hazardous waste transporters.  Conditionally exempt small quantity generators may choose to self-transport their hazardous waste to an appropriate destination facility, but they may not use an unlicensed hazardous waste transporter.  Applicable U.S. Department of Transportation regulations must be followed for hazardous waste shipments.

Destination facilities -   In general, generators must send their hazardous waste (unless handled as a universal waste) to an authorized treatment, storage, and disposal facility, an authorized Resource Recovery facility, or a facility exempted from permit requirements, such as a legitimate precious metals recovery operation.  See our list of Missouri commercial treatment, storage, and disposal facilities and our list of Missouri Resource Recovery facilities.   If in doubt about a destination facility's authorization, please contact the Hazardous Waste Program's Compliance and Enforcement Section at 573-751-2032 for information regarding specific facilities.  Don't forget, businesses may not put hazardous waste in a Missouri landfill.

Jan. 22, 2009

Universal Waste in Missouri

Last month we started discussing the regulations that make Missouri unique. Most states have modified the federal universal waste rules and which wastes are covered by the rule varies from state to state. The universal waste rules were written to give businesses the option of managing certain hazardous wastes with less regulation. In Missouri, universal wastes include certain batteries, thermostats, mercury containing lamps, and pesticides collected by a compliant universal waste pesticide program. For more specific information, see our fact sheet and state regulations: federal regulations:

Advantages of managing universal wastes under the universal waste rule include:

  • Simplified labeling requirements.
  • Storage on site for one year, or longer if it is solely to accumulate sufficient quantities necessary for proper recovery, treatment, or disposal.
  • Universal waste does not count towards your hazardous waste generator status or level.
  • There are no hazardous waste fees or taxes on universal wastes.
  • You are not required to have an EPA generator identification number.
  • You may accept universal waste from other generators.
  • You may use shipping papers or bills of lading rather than the uniform hazardous waste manifest.
  • Small quantity handlers (those who accumulate less than 11,000 pounds at any one time) have no record keeping requirements.
  • You may self-transport using the less stringent universal waste transporter requirements.
  • You are not required to use a licensed hazardous waste transporter, although U.S. Department of Transportation regulations may still apply to the material and mode of shipment.

Of course universal waste, as with all hazardous waste, must not be disposed of into the environment. Universal waste may not be diluted or treated without a Missouri Resource Recovery Certification or hazardous waste treatment permit. Mercury containing lamps, including fluorescent bulbs, may not be broken or crushed without certification or permit. In Missouri, on-site bulb crushing or drum top bulb crushers are NOT allowed. See our fluorescent bulb fact sheet for more information.  Your business may choose to manage universal hazardous waste as ordinary hazardous waste if your business does not want to manage universal wastes separately.

Dec. 30, 2008

Conditionally Exempt Small Quantity Generators

Missouri is unique! Missourians value the state's great resources and try to be protective of the environment. Because of Missouri's high standards, we have several specific requirements that are unique to our state. That being said, every other state in the union, except for Alaska and Iowa. has modified its state regulations as well. If your business operates in more than one state these modifications can make hazardous waste management a bit confusing. Chances are that you know these requirements well and are already complying with them. Over the next few months in this listserv we will go into greater detail on Missouri's specific requirements and what your business is expected to know.

One of the most basic state hazardous waste requirements that can affect your business is how your generator level or status is determined. In Missouri, if you generate or ACCUMULATE 100 kilograms (220 pounds) of hazardous waste, then you are a small quantity generator (SQG). If you generate or ACCUMULATE 1,000 kilograms (2,200 pounds) of hazardous waste - or generate or ACCUMULATE 1 kilogram (2.2 pounds) or more of acute hazardous waste then you are a large quantity generator (LQG). The key word in the definitions is accumulate, also known as store.

If you are a conditionally exempt small quantity generator (CESQG) that generates less than 100 kilograms (220 pounds) of hazardous waste a month, you should avoid accumulating regulated quantities of hazardous waste in your storage area. If you send 100 kilograms (220 pounds) or more of hazardous waste for disposal at one time, then you will be required to register your business as a SQG or LQG. If you have stored your hazardous waste for a long time to save money on transportation costs, you might end up spending more on registration fees, filing generator reports, and complying with other SQG or LQG requirements. Also, if you store regulated amounts of hazardous waste, then any inspector that visits you will inspect your business as a SQG or a LQG. If your business is a CESQG and you are waiting to fill that 55-gallon drum of hazardous waste, you might want to rethink your strategy and send it off before it reaches 100 kilograms (220 pounds). A 55-gallon drum of liquid hazardous waste of average density can weigh up to 200 pounds when it is half full! For more information, please review our Hazardous Waste Generator Status Guidance fact sheet.