Notes from Meeting with Association of State and Territorial Solid Waste
Management Officials (ASTSWMO), April 19, 2011

Attendees:

Ronald Shell (AL) 

Bob Reinke (MT)

Carl Spadoro (PA)

Cliancia Pielle (USVI)

Jack Schinderle (MI)

Jim Patterson (MA)

Kathryn Fergus (NV)

Penny Wilson (AR)

Tom Judge (MO)

Summary of general findings:

	Small quantity generators have difficulty making correct hazardous
waste determinations due to confusing and vague laws. They rarely have
the resources to dedicate the staff or time to properly interpret these
laws for their specific industry. Large quantity generators may have the
resources but often times use them to interpret the laws in ways which
are economically favorable to them. For example, many large firms will
inappropriately use RCRA exclusions to avoid making a hazardous waste
determination. 

	A general lack of awareness about hazardous waste determination
regulations exists. This is due to a combination of a lack of interest
and resources on the part of generators and a lack of outreach and
training on the part of the states. Adequate regulation awareness is
also diminished by laws which are vague and difficult to interpret at an
industry specific level. 

	The effectiveness of third parties is a mixed bag. While some have
strong business models, allowing them to provide a reliable service to
their clients (ex. Triumvirate Environmental), others have reverse
incentives and may profit from making incorrect determinations. Third
parties are more likely to ignore the fact that their clients must meet
both local and federal regulations.

	The economic downturn has compounded issues with regard to hazardous
waste determination. Handling hazardous wastes is expensive. If a waste
is not declared hazardous, these expenses are avoided. This leads to an
incentive for businesses to risk that they will not be inspected. The
lack of funding available to states has led to a decrease in state
outreach and training efforts. Many programs that were previously
implemented to assist hazardous waste generators are no longer
available. 

1) Have you found similar patterns of hazardous waste determination
non-compliance within your state? 

One state was skeptical of RCRAInfo data because an incorrect
determination is often times cited/reported as another violation type
(ie. Failure to keep paper work etc…).

Another state had a similar experience while another state had
specifically been told that it is almost impossible to make a case on a
failure to properly characterize waste. Therefore, different violations
are the ones they issue citations for.

2) Why do generators have a difficult time making hazardous waste
determinations?

One state mentioned the inappropriate use of RCRA exclusions

Stating that wastes can be burned for energy recovery (when in fact it
either cannot or is not) and therefore are eligible for RCRA exclusion. 

Make claims that a waste is not a waste because there is a market for
it.

Industry claims that ignitable chemical products can be burned as fuel
source and eligible for RCRA exclusion

Larger firms seem to pull this information from RCRAInfo and apply their
own interpretations.

Smaller firms rely upon the interpretation from other sources (McCoys,
Lion Technology).

Another state’s program focuses on enforcement. Hazardous waste
determinations   are in the top 3 of violations for which enforcement is
issued.

CEG’s make a proper determination on their main waste stream but do
not make a determination for secondary waste streams

Product vs. waste issue

Business will claim a waste is being stored to be used later as a
product

State claim’s item is “on shelf” too long and is therefore a waste

Easier/cheaper for businesses to leave item and claim as a product than
claim it as hazardous waste.

Common occurrence with the chrome plating industry in their state

There is no specific rule with regard to how long a product can sit on a
shelf and not be considered a hazardous waste

Some facilities are not determining if the waste is a solid waste, let
alone a hazardous waste. Causes systemic incorrect determination

Smaller facilities will often store a waste until they can afford to pay
for it as a hazardous waste. If the inspector comes in the mean time the
have a violation.

Many firms are willing to take the chance that they won’t be
inspected.

Another state gets a lot of ‘Oh how could we have done that?!’
situations where the violator either doesn’t connect the dots or just
makes a plain old dumb mistake”

Seems to be a pattern amongst these where the smaller companies don’t
understand the rules for any number of reasons (resources, staff
dedicated to determinations) while larger businesses get casual and
don’t pay much attention to their determinations. 

Another state mentioned that sometimes businesses change their operating
procedures and produce new waste streams which they fail to
characterize. If the companies have procedures in place to monitor new
waste streams when operations are changed, they avoid these problems.

This stems in part from company culture but not always

ISO certified company tend to have these procedures in place and avoid
these violations

Follow-up Question – Do multinational firms have similar issues?

One state mentioned, as an example, waste management is generating
arsenic as part of their enhanced gas recovery. They try and use RCRA
exclusions to avoid having to designate as hazardous waste. Take the
attitude of “We’re giving it a shot”

Another state mentioned, as an example, a trade association that claims
the laws are too confusing despite clearly having plenty of resources to
correctly interpret the laws and make appropriate determinations.
“They are dumb like a fox.”

State’s response is to write “too descriptive” guidance

Some larger firms take a position of, “don’t argue, just pay.” 

Personnel training issues are also prevalent

EX. Operator throwing away ignitable paint

3rd Party assistance – Transporters/brokers:

Believe that some are intentionally duping their clients for financial
gain

Will make a sale by claiming something is not hazardous and offering a
lower price for handling the waste. Thereby, subjecting their client to
potential violations

Other cases, may claim something that is not a hazardous waste is one to
collect a larger fee for handling

- Checking with local officials about state laws is often ignored. Many
violations occur when the generator adheres to federal regulations only.


3) What programs does your state operate to help generators with making
hazardous waste determinations?

One state mentioned:

Training is not in the budget

Outreach programs are only done when major changes are made

Do not have the funding to provide much outreach anymore

Another state mentioned:

No formalized training

Training is done on a case by case basis

Passive approach to determination training/outreach is taken.

Another state mentioned:

Budget restrictions have decreased training

Now done on a case by case basis

Another state mentioned: 

Generator training is done in each congressional district

Small business public outreach 

Another state mentioned:

State licenses their hazardous waste transporters. Therefore, they must
have proper training on determinations.

Extensive information is available via the web

Another state mentioned:

Have only two inspectors for all of his state. 

Provide information on the web

Have training CD’s available to generators

Will speak with college students assuming these are the people who will
be making hazardous waste determinations in the future.

Another state mentioned:

Conduct a workshop for hazardous waste generators

Provide hazardous waste information during small business workshops

Another state mentioned:

Used to speak to individual groups that needed assistance but no longer
have the funding to do so.

Have a yearly environmental conference at which hazardous waste
determination is one topic.

They often rely upon transporters to train generators on determinations

Another state mentioned:

Web based Toxics Use Reduction program

Hold hazardous waste determination talks that businesses can attend

Have a technical assistance program but now staffed by only six people

They will walk through the inspection process with generators

Another state mentioned:

Used to have a bureau to help with compliance assistance 

Would hold individual trainings with generators

Speak with trade schools

Generator list serve (generators must sign up via email)

Information about hazardous waste compliance is sent to generators

Hold a hazardous waste forum and notify the generators on the list serve
of the topics

Speak at state chamber of commerce environmental conference (hazardous
waste generation may be a topic)

Used to do individual trainings but no longer have funding to do too
many

4) What other state programs stand out?

Many folks respond saying they aren’t aware of any other state
programs they feel are especially successful.

One state does more outreach and less enforcement. Outreach before
enforcement

Another state used to have a lot of outreach programs. Not certain if
this is still the case. 

5) What is the effectiveness of third parties within your state?

One state mentioned a environmental federation that conducts hazardous
waste training twice a year

Another state mentioned a company that is good at preventing incorrect
determinations for hazardous waste

Another state mentioned that they used to have a company that outsourced
environmental health and safety

6) What is the one thing you would like your state to implement?

Outreach and training programs

Certification system to ensure that businesses attend the assistance
programs

There is no economic incentive for businesses to implement changes 

Negative incentive exists (fear of enforcement)

“don’t know” 

More training and outreach – Fed. Funding needs to be more specific so
that it can be devoted to these types of programs

“Until the generators get caught, they don’t care”

Training

It needs to be tied to a financial incentive

Hire an entity to create industry specific interpretations of hazardous
waste determination regulations

More face to face technical assistance and training

Face to face outreach/training with both generators and inspectors

