United States Environmental Protection Agency ' Risk Reduction Engineering Laboratory Cincinnati, OH 45268 Research and Development EPA/600/S2-89/064 Feb. 1990 &ERA Project Summary Management of Household and Small-Quantity-Generator Hazardous Waste in the United States Although hazardous waste generated by households Is exempt from federal legislation, several states do apply their regulations to household hazardous waste. Small- quantity generators of hazardous waste, generally those generating more than 100 but less than 1000 kg/mo, are regulated on most governmental levels, but differently from large-quantity generators. The full report, which was prepared for an international survey, defines which wastes from these two sizes of generators are addressed, the policy and plans of the different governmental levels to deal with these wastes, which government policies are compulsory and which are voluntary in nature, and the promotion of the hierarchy the U.S. Environmental Protection Agency (EPA) has established for waste management: reduction, reuse, recycling, treatment, and disposal. This Project Summary was developed by EPA's Risk Reduction Engineering Laboratory, Cincinnati, OH, to announce key findings of the research project that is fully documented in a separate report of the same title (see Project Report ordering information at back). Introduction The report summarized herein was prepared in response to a survey conducted by the International Solid Waste and Public Cleansing Association (ISWA), an international nongovernmental organization made up of 27 national organizations of waste management pro- fessionals. The survey was designed to generate information for an international report of household hazardous waste (HHW) and small quantity generators (SWQs), which will serve as an instrument for mutual exchange of experience and cooperation. In the United States, the congressional acts governing hazardous wastes [namely, the Resource Conservation and Recovery Act (RCRA) and the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA)] and the regulations the EPA has promulgated under these Acts establish what substances and consumer products are considered hazardous. The report also includes amendments to these Acts, such as the Superfund Amendments and Reauthorization Act (SARA), that regulate hazardous substances as they pertain to waste site cleanup and emergency response and provide information to communities (community right- to-know information). Under RCRA, individual states may be authorized to regulate waste generators at least as stringently as the federal law requires. Thus, wastes and generators addressed by a state's policy regarding SQGs or HHW vary depending on state definitions and priorities. Hazardous substances in the workplace are also regulated. The Occupational Safety and Health Admin- istration has set permissible exposure limits for approximately 400 substances, which appear on the "Z list" of the Occupational Safety and Health Act. ------- Exempted Generators Subtitle C of RCRA excludes from regulation those businesses that do not generate hazardous wastes in sufficient quantities to be regulated as large- quantity generators (LQGs) or SQGs of hazardous waste. These conditionally exempt businesses must meet carefully spelled-out criteria and may still be subject to compliance with state regulations, which are often more stringent. Wastes generated by households (which include single and multiple dwellings, hotels, motels, and other residential sources) are also excluded from regulation under Subtitle C of RCRA. Thus, wastes generated by households are not legally defined as hazardous although the EPA and individual states have defined HHW. Household Hazardous Wastes Federal, State, and Local Policy At the national level, because HHW is not regulated under RCRA Subtitle C, EPA's policy is not aimed at regulating but rather at promoting HHW collection and management programs by providing funding, information, and technical assistance to states and local governments. Directed by Congress to explore how household products and HHW relate to the formation of leachate at landfills, EPA completed an initial study entitled "A Survey of Household Hazardous Waste Collection Programs" in October 1986. In November 1988, EPA issued a formal policy statement regarding its support of HHW collection management programs, which listed all of the perceived advantages of such programs. With regard to the state and regional policy, most of the 50 states do not regulate HHW; however, California and Rhode Island have chosen to apply hazardous waste regulations to HHW. Although state policies and management plans vary since 1981, more than 1300 HHW collections have occurred in 43 states with varying levels of state support and guidance Local/community management plans for HHW vary significantly, ranging from no action to activities such as public education only, one-time collection days, periodic collections, collections involving single waste streams such as paint only or pesticides only, exchanges such as paint exchange days, joint community sponsored collection, permanent collection facilities that operate somewhere between 1 day a month and 5 days a week, and curbside collection of HHW such as used oil. Definitions of HHW The exemption of HHW from federal hazardous waste management regulations also applies to HHW collected in large quantities, such as during an HHW collection program. When HHW is mixed with any quantity of regulated hazardous waste, however, the resulting mixture is subject to regulation under RCRA. The EPA also recommends that sponsors of HHW collection programs manage the collected HHW as hazardous waste. The EPA-developed list of household wastes that would be regulated as hazardous if they were generated in larger quantities includes wastes listed as hazardous in the regulations or ones that demonstrate characteristics of hazardous waste [i.e., ignitability, corrosivity, reactivity, and extraction procedure (EP) toxicity]. The categories of common household products include household cleaners, automotive products, home maintenance and improvement products, lawn and garden products, and miscellaneous products (photo- processing chemicals, batteries, pool chemicals, and personal care products). At the state and regional level, states that apply hazardous waste regulations or formal guidelines to HHW management have promulgated strict definitions of HHW, which vary by state. At the local/community level several organizations have attempted to define HHW by listing items considered hazardous. Although these lists vary widely, they are often similar to EPA or state definitions. Information Activities about HHW At the national level, EPA sponsors information activities. The Agency has sponsored three national conferences on household hazardous waste management. In the 1988 conference, approximately 70 experts from the United States, Canada, and Europe delivered presentations addressing topics concerned with the definition, regulation, liability, collection, management, and disposal of HHW. A quarterly newsletter, with a projected 4000 circulation, is targeted to provide communities with information on HHW collection and management beginning in 1989. The EPA also makes available a 26-page bibliography of literature to answer specific questior Product labeling is an< informational activity required b federal government. For example Federal Insecticides, Fungicides Rodenticides Act (FIFRA) rec informative and accurate labeli pesticide products. The Chemical Specialties ^ factures Association, a national in association, established nongovernmental Household Prc Disposal Council. The Council set information and referral servic community organizers, groups, and managers to provide informati concerned consumers. At the state/regional level, information activities include pro "hotlines" and referral services, prc speakers for workshops and confer distributing informational mati promulgating shelf-labeling require for retail stores, and responding to inquiries. The full report gives s examples of these activities. At the local/community level, cities, towns, and local institution! sponsored educational act! concerning HHW. Efforts in developing curricula for schools, tising HHW collection program; offering telephone assistance "hotli Compulsory and Voluntary Management The national policy for addi HHW management is essentially on voluntary activities because h not federally regulated under Subtitle C. Municipalities, howev subject to liability incurred beca HHW under CERCLA and SARA. I roughly 165 municipal solid landfills were included among the the National Priorities List (NPL) requiring cleanup under Supi Municipalities that send waste, in HHW, to these landfills are pot liable for cleanups costs. This p liability provides an incent municipalities for voluntarily undi HHW reduction, reuse, and mana activities to avoid the potential lo liability for landfill cleanup. One regulatroy provision add HHW is FIFRA's labeling requi which includes informative and < labeling of pesticide produ provision addressing home pe requires the label to contain infc recommending that consumer ------- /aste pesticides in newspaper and put lem in the rubbish. At the state level, many states rely eavily on voluntary activities to address 1HW management. Although collection irograms are frequently sponsored at the ounty and local level without state ivolvement, some states support these ifforts by providing funding, information, nd technical assistance. Compulsory programs at the state ivel include state-required labeling, fanning, mandatory collection, and jgulations pertaining to the operation of ermanent and temporary collections. Much of the local HHW activity results •om voluntary programs. Counties, cities nd towns, industry (including waste management companies) ,and environ- mental advocacy groups support or ponsor programs that educate onsumers about HHW, provide consu- ters with HHW collection days, and rovide or promote the dissemination of (formation about substituting non- azardous or less-hazardous sub- tances. Examples of voluntary and compulsary rograms are given in the full report. No cal programs requiring HHW manage- ient activities were identified. Front-End " and "End-of-the Ipe" HHW Management 'easures The EPA recommends that generators f hazardous waste adhere to the ollowing waste management hierarchy- aste reduction, reuse, recycling, reatment, and disposal. The federal overnment's formal policy concerning azardous waste is therefore based on promoting "front-end" measures (i.e., waste reduction, reuse, and recycling) as opposed to "end-of-pipe" measures such as treatment and disposal. The EPA's :ommitment to the waste-reduction step was recently demonstrated by establishi- ng its Pollution Prevention Office. In support of these front-end solutions, EPA las established programs such as the J001 Grants Program and the RCRA ntegrated Training and Technical \ssistance (RITTA) Grants Program, both if which have provided funds for state lazardous waste minimization pro-grams. "he EPA also sponsors an annual lationat HHW conference that addresses IHW from both front-end and end-of- iipe perspectives. National policy makers also recognize ie importance of end-of-pipe measures or the safe, environmentally sound collection and disposal of HHW that has accumulated in homes. Both EPA and the U.S. Congress Office of Technology Assessment (OTA) support HHW collection programs. At the state level, when the first HHW collection days were held in the early 1980's, states focused attention on removing and disposing of HHW that had been accumulating for years in consumers' homes. Because of the success of this program, focus is shifting somewhat from HHW collection to source reduction and recycling. States, in addition to supporting the front-end measures, continue to support end-of- pipe measures designed to ensure the safe, environmentally sound disposal of HHW. One reason some states support HHW collection is to help residents recognize that consumers share respons- ibility with industry for ensuring proper disposal of hazardous waste. It is hoped that this recognition will promote the public's cooperation in acceptance of the siting of a hazardous waste treatment, storage, and disposal facility in their communities. Local activities have included both front-end and end-of-the pipe strategies for addressing HHW. Front-end activities nclude public education efforts to inform people about product substitutes and efforts to encourage reduced use of toxic substances plus lobbying efforts for labeling and source-reduction legislation. Communities also continue to sponsor end-of-pipe collection programs, and the number of collections has increased steadily since 1981. Small-Quantity Generators Federal, State, and Local Policy At the national level, before the 1984 Hazardous and Solid Waste Act (HSWA) amendments to RCRA, SQG waste was not regulated as hazardous waste. Currently, SQGs must comply with national hazardous waste management requirements. Like HHW generators, SQGs are also addressed by CERCLA and SARA, which pose retroactive, strict, joint-and-several liability on the generators of hazardous wastes. In April 1986, EPA published an implementation plan describing its strategy with regard to regulations that apply to SQGs. This strategy relies heavily on information dissemination, voluntary compliance, spot compliance monitoring, and enforcement action for major violators as the means for im- plementing standards. This approach is meant to encourage SQGs to apply EPA's waste management hierarchy-reduce, reuse, recycle, treat, and dispose of-to the management of hazardous waste. The Agency's newly established Pollution Prevention Office addresses the prevention of pollution through programs that include grants for state waste minimization efforts. At the state and regional level, individual states have adopted a policy that includes both regulatory and nonregulatory programs aimed at SQGs. The regulatory policy involves implementation of RCRA requirements of their own equally or more stringent requirements. A nonregulatory hazardous waste policy of the states is to promote the reduction of hazardous waste. To this end, in 1985, the National Roundtable of State Waste Reduction Programs was organized to promote the development of state programs and to exchange technical and general information on waste reduction. The Roundtable is composed of governmental, academic, and public interest groups representing 42 states. At the local/community level, efforts have been made to promote regulatory compliance and improved waste manage* ment. To date, however, no national coordinated official policy, legislative framework, or management plan has been applied at the local level to address SQGs. Definitions of SQGs Small-quantity generators of haz- ardous waste are regulated differently from LQGs. An SQG is defined as one that generates hazardous waste at a rate of more than 100 kg/mo but less than 1000 kg/mo; generates no more than 1 kg/mo of acutely hazardous waste; ships hazardous waste offsite within 180 days after 1000 kg have been accumulated; and accumulates no more than 6000 kg at any one time. At the state/regional level, policy varies from state to state. For example, waste oil is defined as a hazardous waste in eight states and as a special waste in six states. State-level SQG programs address a wide variety of wastes and generators based on the concerns of residents, policymakers, and program administrators in a given region. Because no federal official policy, legislative framework, or management plans exist at the local/community level, the SQG wastes and generators that receive attention vary with local concerns and priorities. ------- SQG Informational Activities At the national level, the EPA sponsored a clearinghouse to assist SQGs with technical and regulatory questions. Approximately 400 assistance calls were handled between April 1 and December 1, 1988. The clearinghouse also published a free quarterly newsletter as an information exchange vehicle on minimizing small-quantity-generated haz- ardous waste; it reached regulatory and nonregulatory federal, state, and local agencies; technical assistance programs; research facilities; and waste exchanges. The EPA also has a program for awarding grants to states for administer- ing SQG and other waste reduction programs. The EPA runs two phone lines (the Small Business Ombudsman and the RCRA Hotline) that SQGs can use to obtain information and assistance regarding hazardous waste management. Still another EPA assistance program involves a pollution prevention infor- mation clearinghouse; now in the plan- ning stages, it is expected to begin offering services by the end of 1989. At the state and regional level, a variety of information and assistance programs are available to SQGs. Between 1985 and June 1988, members of the National Roundtable of State Waste Reduction Programs helped establish and expand waste reduction programs in 35 states. Programs include compliance assistance, general infor- mation, clearinghouses, general and onsite technical assistance, matching grants, research grants, loans, tax incentives, workshops/training, public education, and waste exchanges. At the local/community level, local institutions and organizations (e.g., municipal governments, universities, and research organizations) provide assis- tance to SQGs. Compulsory and Voluntary Management for SQGs At the national level, EPA relies in part on voluntary compliance because of its limited resources for enforcing SQG compliance with national hazardous waste regulations and policies through inspections. Rising hazardous waste disposal costs and the liability associated with improper hazardous waste manage- ment serve as incentives to SQGs for voluntarily reducing, reusing, and pro- perly managing hazardous waste. Some components of EPA's strategy regarding SQG's, however, focus on compliance and enforcement activities. The Agency intends to apply the same compliance monitoring methods for SQGs as those used for LQGs. Under RCRA, EPA has the authority to inspect, fine, and close down institutions that violate the federal hazardous waste regu- lations. Resources at the state level are also too limited to ensure compulsory compliance with hazardous waste requirements that apply to SQGs. Therefore, states have responded with voluntary outreach, education, and assistance programs. States that have been delegated authority to administer their own RCRA programs, instead of having the federal program, can conduct inspections, levy fines, and close down institutions that fail to comply with hazardous waste manage- ment requirements. State agencies often target an SQG industry with an enforce- ment effort combined with an education/assistance program. At the local/community level, counties, cities, and towns sponsor many voluntary programs that promote best management practices and voluntary compliance with hazardous waste management require- ments. When they have local jurisdiction, localities can take action to enforce federal and state laws that apply to SQGs. Future Perspectives for HHW and SQGs The national policy toward SQGs and HHW is expected to continue to emphasize pollution prevention and to promote EPA's waste hierarchy of reduction, reuse, recycling, treatment, and disposal. Consumer products (e.g., batteries that contain lead or cadmium) are expected to receive particular attention. At the state/regional level, future trends may include labeling laws that focus on hazardous consumer products, deposit systems for items such as batteries, and tax incentives and legislation that promote reduced use of toxic materials. Cities and towns are recognizing that, although 1-day HHW collection events are useful as a public education tool, permanent and more cost-effective solutions are needed. Many communities are working to institutionalize collections and to set up permanent HHW collection facilities. At the same time, they are promoting waste-reduction and recycling initiatives designed to reduce the for HHW collections. With regard to SQGs, communitit expected to continue to spc programs to assist small local bu ses in reducing and safely man HHW. Other Information Included Report The full report also includes the folk • List of institutions, organization authorities involved in HHW governmental levels. • Several case studies illustratir application of policies to auto shops, batteries, used oil, and f • Descriptions of existing and pi facilities/collection center recycling, treating, or dispos HHW. • Descriptions of research development activities by inc government, and citizens' groi alternatives to hazardous hou products. • Information on ecologically products and the use of all- ingredients. The full report was submit fulfillment of a task under Contn 68-02-4279 by Dana Duxbur Associates, Andover, MA, und sponsorship of the U.S. Environ Protection Agency. ------- This Project Summary was prepared by Staff of Dana Duxbury and Associates, Andover, MA 01810. James S. Bridges is the EPA Project Officer (see below). The complete report, entitled "Management of Household and Small-Quantity- Generator Hazardous Waste in the United States," (Order No. PB-90 148 867I AS; Cost: $17.00, subject to change) wilt be available only from: National Technical Information Service 5285 Port Royal Road Springfield, VA 22161 Telephone: 703-487-4650 The EPA Project Officer can be contacted at: Risk Reduction Engineering Laboratory U.S. Environmental Protection Agency Cincinnati, OH 45268 United States Environmental Protection Agency Center for Environmental Research Information Cincinnati OH 45268 Official Business Penalty for Private Use $300 EPA/600/S2-89/064 US.OFFICIAL MAIL U.S.POSTAGC I ~- D ,3 5 : 8°S°Wfli ------- |