Hazardous Waste: Who Is Really Responsible for It?

Do you know what really happens to your waste materials and by-products once it leaves your shop? Does it undergo a magical transformation and vanish into thin air? Does it possibly become someone else's problem? Do you know what could happen if your contracted waste handler goes out of business? Will it come back to haunt you in the form of an environmental liability case? Questions like these have forced many body shops to consider recycling their own solvents. Essentially, the repair facility is ultimately held responsible for all of its waste.

Hazardous waste has been a thorn in the side of the collision industry for at least two decades. Knowing what happens to your waste can reduce potential problems that can be as serious as large fines and/or jail terms. As a body shop owner that generates hazardous waste, you have tremendous responsibilities and claiming ignorance won't work. The EPA has seen it all. Here's what you need to know.

What is Hazardous Waste?

Hazardous material, as defined by the Occupational Health & Safety Administration (OSHA), the Environmental Protection Agency (EPA) and the Department of Transportation (DOT), is part of our everyday life. In the home and at work, many of the things that make our lives easier and better are made from chemicals that at some point are considered by the federal and state governments to be hazardous. These chemicals are regulated by the government to reduce employee, public and environmental exposures.

Hazardous waste is defined by the EPA in the Code of Federal Regulations (CFR), Book Title 40, Chapter I, Parts 260­299. This regulation is very extensive, and it requires the proper storage, treatment and disposal of all material and by-products deemed as waste.

Hazardous Waste Storage

Most paint and paint-related materials are hazardous in the unfinished or "wet" form. Whether something is considered hazardous or not can be determined in the Materials Safety Data Sheet (MSDS) for that product. If a material is hazardous, storage and disposal of any waste from the material must be performed in accordance with EPA regulations. Companies that produce hazardous waste are known to the EPA as "generators."

Generators should contact their federal, state and local governments in order to receive copies of all applicable laws and regulations.

According to the EPA, there are several methods of waste storage; however, the most common form of storage is in drum containers. These containers must be properly labeled as waste and should include the following information:

The generator's name and address (for responsibility purposes).

• EPA designated identification of the waste (found in CFR Book Title 40, chapter 1, Parts 260­299).
• DOT proper shipping name.
• Identification number and name(s) of the major hazard present.
• Reportable quantity of the major hazard(s).
• Any identifying labels or placards such as the flammable diamond.

Waste containers should be stored in an area marked "Hazardous Waste Storage." The regulations direct how long a drum may accumulate waste. When a container is full, it can be stored for 180 days, if no more than 1,000 kg are stored in a calendar month. If more than 1,000 kg are stored in a calendar month, the total days of storage cannot exceed 90 days. Before reaching the end of the storage time, the drum should be removed by a licensed hazardous waste hauler for proper treatment.

Hazardous Waste Removal

In order to have hazardous waste removed and treated properly, a generator must complete a Uniform Hazardous Waste Manifest. This must be specific to the state in which the waste will be treated. This manifest can be obtained from the hazardous waste treatment company selected by the generator.

The manifest requires that the generator supply information about the waste. The original copy of the manifest should be sent to the states' Waste Management Department. Also, you must include a Land Disposal Restriction form (Land-Ban) with the manifest. This form states that the waste should be treated and not disposed of in a landfill.

The hazardous waste treatment, storage and disposal facility (TSDF) selected by the generator will return a section of the manifest to the generator. If this copy is not received within 35 days, you should contact the TSDF to investigate the status of the waste.

What Happens to Your Waste?

According to the EPA and hazardous waste management contractors, the generator is responsible for all of the waste from "cradle to grave." In other words, even if a body shop has waste removed by a contractor, the waste is ultimately the body shop's responsibility.

It is important for the shop owner to know as much as possible about the contracted waste hauler. However, this research may take some time.

Each type of waste has specific methods of disposal that reduce the damage to the environment and our health. Hazardous waste regulations are covered under the Resource Conservation and Recovery Act (RCRA) found in the Code of Federal Regulations, Book Title 40, Chapter 1, Parts 260­299 (40CFR260­299). The regulations are extensive, but you must be aware of them to ensure that your shop is not doing something wrong or illegal.

Some common waste disposal methods include:

• Incineration. This is commonly used for solvents and chemicals that have a high BTU value (burns easily with a lot of heat). Unfortunately, incineration does not always remove a hazard. Many chemicals when combusted (incinerated), create hazardous by-products such as cyanide, chloride and sulfides, which can be more dangerous than the original waste. If your waste is incinerated, make a point of knowing what the hazardous waste company (TSDF) is doing with the ash. This could present a serious problem later if the company is not disposing of it properly.

  Solvent recovery systems are commonly used to clean solvent waste. After the material is pumped out and filtered, the waste solvent is distilled off and can be recycled.

  Toxins can be incinerated; however, they still present many unseen hazards and must be handled with special equipment.

  In order to protect yourself, your technicians and your body shop, find out how your TSDF is treating your waste. Make sure that the end product, such as ash, is not only non-hazardous but also taken care of properly. Information on proper disposal can be obtained from your TSDF, your state government and environmental groups.

• Neutralization. Another form of treatment is neutralization. This occurs mostly with water-based wastes which have an acid or caustic nature. These wastes, commonly called corrosives, can destroy cells in living organisms and destroy vegetation and minerals. Neutralization is an old process that combines an acid with a caustic (or vice versa) to make water and a salt. This solution can then be treated to separate the salt and water.

Reactive wastes are difficult to deal with because they react with chemicals, to form an explosive environment, or give off a toxic gas. Reactives must be studied in order to find the best way to make them non-hazardous.

The best way to protect yourself, your technicians, the community and the environment is to work with low hazard or non-hazardous products. If this is not possible, look at ways to minimize the amount of waste you generate, and be sure it is disposed of properly.

Tracking Waste

Tracking your waste material or determining where it ends up is a task in itself. It may be the environmentally correct thing to do, but who really has the time? The industry already has enough to worry about with production levels and mounting material costs. Now we have to worry about receiving fines and/or jail sentences if our waste removal service decides to skip out on us.

One method of actually tracking what happens to your waste by-products would be to recycle it yourself. Some waste solvent recovery models can recycle your hazardous paint solvent waste into solvents that are suitable for spray-ing primer/sealer and spraygun cleaning. The solid waste left behind could possibly be labeled as inert (requires certification) and non-hazardous. If so, it can be discarded without the need for a waste hauler.

Precautions

Here's what you should look out for when it comes to hazardous waste:

• Look into the possibility of recycling. "Reuse and rework" programs may help reduce the amount of waste you actually generate. The less you make, the lower your exposure will be.
• Know the hazardous waste regulations. The federal regulations are important to all of us. Your state and local government also have regulations. Contact them to find out more.
• Know your waste hauler. Have your waste handled by a licensed and approved hazardous waste company. And don't overlook the person who transports the waste from your body shop to the hazardous waste company (TSDF). If there is a waste spill on the road, you might be liable for the clean-up fees.
• Obtain copies of insurance, permits, licenses and reports of past incidents from the TSDF.
• Verify that the TSDF is properly disposing of your waste materials. Request a tour of the TSDF facility. Make sure that your hazardous waste is not sent to a landfill.
• Prepare a written outline of how you handle waste within your shop. There are specific regulations regarding hazardous waste generation. Be aware of them.
• Never hesitate to question your TSDF on any of their practices. If you are uncomfortable, seek professional guidance. Many states offer programs to help businesses be compliant. It is important to use them.

This feature is not intended to provide you with all of the answers about handling hazardous waste. It starts and ends with you. Familiarize yourself with the regulations, and look into your TSDF. Contact your state and local governments for assistance.

Description of Major Statutes

The Resource Conservation and Recovery Act (RCRA) of 1976, which amended the Solid Waste Disposal Act, addresses solid and hazardous waste management activities. The Hazardous and Solid Waste Amendments (HSWA) of 1984 strengthened RCRAs waste management provisions and added Subtitle I, which governs underground storage tanks (USTs).

Regulations promulgated pursuant to Subtitle C of the RCRA (40 CFR Parts 260­299) establish a "cradle-to-grave" system governing hazardous waste from the point of generation to disposal.

Regulated entities that generate hazardous waste are subject to waste accumulation, manifesting and record-keeping standards. Facilities that treat, store or dispose of hazardous waste must obtain a permit, either from the EPA or from a state agency which the EPA has authorized to implement the permitting program.

Although the RCRA is a federal statute, many states implement the RCRA program. Currently, the EPA has delegated its authority to implement various provisions of the RCRA to 46 of the 50 states.

Most RCRA requirements are not industry-specific, but apply to any company that transports, treats, stores or disposes of hazardous waste.

The following is a list of some important RCRA regulatory requirements:

• Identification of Solid and Hazardous Wastes (40 CFR Part 261) details the procedure every generator should follow to determine whether the material created is considered a hazardous waste, solid waste, or is exempt from regulation.
• Standards for Generators of Hazardous Waste (40 CFR Part 262) establishes the responsibilities of hazardous waste generators including obtaining an ID number, preparing a manifest, ensuring proper packaging and labeling, meeting standards for waste accumulation units, and record-keeping and reporting requirements. Generators can accumulate hazardous waste for up to 90 days (or 180 days depending on the amount of waste generated) without obtaining a permit.
• Land Disposal Restrictions (LDRs) are regulations prohibiting the disposal of hazardous waste on land without prior treatment. Under the LDRs (40 CFR 268), materials must meet land disposal restriction treatment standards prior to placement in a RCRA land disposal unit (landfill, land treatment unit, waste pile, or surface impoundment). Wastes subject to the LDRs include solvents, electroplating wastes, heavy metals and acids. Generators of waste subject to the LDRs must provide notification of such to the designated TSD facility to ensure proper treatment prior to its disposal.