ECAR Fact Sheet for District of Columbia
Hazardous Wastes

The intent of the hazardous waste program is to provide a cradle-to-grave management system for hazardous wastes to ensure that these wastes are not mismanaged in a way that will impact human health or the environment.

On October 28, 2005, the District of Columbia Department of Health published a Notice of Final Rulemaking, adopting new Hazardous Waste Management Regulations of for the District of Columbia. The new regulations will assist the regulated community by:

• Narrowing the differences between the federal and the District regulatory programs, which will allow regulated entities to avail themselves of standard practices, training, manuals, and forms.
• Providing certainty and consistency in regulatory oversight.
• Replacing complex biennial reporting requirements for small quantity generators with a simple annual reporting form.
• Providing the regulated community with the same incentives to recycle their wastes that are available under the federal regulations.
• Reducing the costs of doing business by promoting waste minimization and environmentally sound waste management strategies.

To comply with the District of Columbia’s hazardous waste requirements, you must follow the steps below:

1. Determine whether any hazardous waste is generated.
2. Determine your facility’s generator status.
3. Determine which regulations must be complied with depending upon your facility’s generator status, and comply with those requirements.

Definition of Solid Waste. In order for a waste to be considered a hazardous waste, it must first meet the definition of solid waste. The term “solid waste” can be somewhat misleading. The word “solid” does not refer to the physical state of the waste. Solid waste can be a solid, liquid, or contained gas. Under the hazardous waste rules, a solid waste is any material that will no longer be used for its original intended purpose, or a material that must be reclaimed before reuse. You will need to look at each of the waste streams generated (e.g., antifreeze, used oil, solvents, etc.) and determine whether it is a solid waste. Note that not all solid wastes are considered hazardous wastes. Certain solid wastes, such as used oil destined for recycling, are excluded from the hazardous waste rules.

Hazardous Waste Determination.  It is the responsibility of all solid waste generators to determine whether their waste is hazardous. The procedure for this is called a “hazardous waste determination.”  You may assume a waste is hazardous based on its characteristics or on past laboratory analysis provided there is no change in how the waste was generated. In some cases, you may use your knowledge of a waste to make a determination as to whether the waste is a characteristic hazardous waste. If you use such information to classify a waste as nonhazardous, you must maintain documentation supporting this determination. If you are not sure, have the waste tested. Keep in mind that a non-hazardous waste may become hazardous if contaminated or mixed with other materials and re-testing would be needed.

Wastes can be hazardous if they are either “listed” or “characteristic”, or if they are a mixture of a listed hazardous waste and other wastes.

A. Listed wastes. Waste is considered hazardous if it is found on any one of four “lists”. These “lists” are called the “F”, “K”, “P” and “U” lists.

B. Characteristic wastes. Once a facility has reviewed the F, K, P and U lists, and determined whether generated wastes are found on any of the lists, a determination will need to be made to see if these wastes are “characteristic” hazardous wastes. There are four different characteristics: ignitability, corrosivity, reactivity, and toxicity.

• IGNITABLE - combustible under certain conditions
• CORROSIVE - highly acidic, basic and/or capable of corroding metal
• REACTIVE - unstable under normal conditions and capable of creating explosions and/or toxic fumes, gases, and vapors when mixed with water
• TOXICITY - wastes contain dangerous amounts of metals, pesticides, herbicides, and organic chemicals that could be released to the groundwater.

C. Mixtures of listed wastes and other wastes.  A mixture containing a non-hazardous solid waste and any amount of a listed hazardous waste is considered a hazardous waste. For example, if a pint of spent solvent such a toluene or benzene (an F005 listed hazardous waste) is mixed with a 55 gallon drum of waste antifreeze, the entire mixture (e.g., 55 gallons plus one pint) is considered a hazardous waste (as opposed to only one pint being a hazardous waste had the two wastes not been mixed). Hence, it is very important to keep wastes segregated. Not only is it better for the environment, but it will reduce disposal costs (it’s more expensive to dispose of hazardous waste than it is solid waste).

D. Universal Wastes.  Universal wastes have fewer waste management rules that apply to them. The District has incorporated the federal universal waste standards, with some exceptions. For more information about the generation, storage, transportation, disposal and recycling of universal wastes, refer to the state’s universal waste requirements. Listed below are some differences between the federal and the District’s universal waste rules:

• Both small and large quantity handlers of universal waste are required to notify the Director of their universal waste management activities and to have received an EPA identification number before generating universal waste or receiving universal waste from other universal waste handlers, unless the handler has previously notified the Director of its hazardous waste management activities.
• Universal waste handlers do not have the option of using a letter to request an EPA identification number, but would instead be required to use the standard EPA notification form (EPA Form 8700-12).
• Universal waste handlers are allowed to send universal waste to a destination facility for recycling or disposal.
• Small quantity handlers may meet reduced requirements.
• Universal waste handlers are not limited to an amount of universal waste accumulated. Universal waste handlers are subject to accumulation time periods, as specified in the RCRA regulations.

Generator Status.  If you manage hazardous waste, you must determine your generator status. Your facility will fall under one of these three classifications.

• Conditionally Exempt Small Quantity Generator (CESQG). You are considered a CESQG in a calendar month if you generate no more than 100 kilograms (220 pounds) of hazardous waste per month. Listed below are the difference between the District’s rules and the RCRA regulations:
  • CESQG’s are required to notify the Department of its hazardous waste activities and to obtain an EPA identification number from the Department before generating hazardous waste.
  • Beginning March 1, 2006, each CESQG is required to submit to the Director, on or before March 1 of each year, on forms provided by the Department, an annual self-certification of compliance with the requirements of 40 CFR § 261.5 and, where necessary, a compliance plan, as well as a summary of the generator’s efforts to reduce the volume and toxicity of hazardous waste generated.
  • All mixtures of CESQG waste and used oil will be regulated as hazardous waste, and not as used oil.
• Small Quantity Generator (SQG). You are considered an SQG if you generate greater than 100 kilograms (220 pounds) but less than 1,000 kilograms (2,200 pounds) of hazardous waste in a calendar month.
• Large Quantity Generator (LQG). You are considered an LQG if you generate 1,000 kilograms (2,200 pounds) or more of hazardous waste in a calendar month. You also are considered an LQG if you generate during a calendar month, or accumulate at any time, more than one kilogram of acutely hazardous waste, or more than a total of 100 kilograms (220 pounds) of any residue, contaminated soil, waste, or debris from cleaning up a spill of any acutely hazardous waste onto land or into water.

Satellite Accumulation. The new regulations incorporate by reference the satellite accumulation provisions found in the federal RCRA regulations. However, the District made substantial changes to the wording of the federal regulation that affects how waste is to be managed at the satellite generation point. The following discussion presents the District’s analysis of the intent for application of this regulation:

• The RCRA satellite accumulation provisions allow a generator to mark containers with either the words ‘Hazardous Waste’ or with other words that identify the contents of the container. However, District rules require that containers use only the words ‘Hazardous Waste” and must also be marked with the date on which the accumulation began.
• RCRA rules allow a generator to accumulate up to 55 gallons before having to ship the excess amount. The District does not limit the quantity of waste that may be accumulated at the satellite generation point to 55-gallons but rather limits the time the waste may be kept at the satellite generation point. District rules prohibit the waste from being accumulated at the satellite generation point for longer than 90 days for a large quantity generator, or 180/270 days for a small quantity generator.
• The container management standards referenced to in the federal satellite accumulation regulation at have been modified in the District regulations to require secondary containment and closure requirements.