Hazardous Waste Regulations... What are Body Shops Required to do?

Do you ever wonder if your shop is following the rules? Do you even know what the rules are? Whether you operate a small- or large-sized body shop, you will need to follow a certain set of federal regulations, depending on the amount of hazardous waste you generate on a monthly basis.

The following information is a general overview of the federal requirements, as outlined by the Environmental Protection Agency (EPA). Portions of the information provided were taken from the EPA document, "Managing Your Hazardous Waste: A Guide for Small Businesses" .  For more specific information, refer to Title 40 of the Code of Federal Regulations, Parts 260 to 299, for a complete listing of the federal hazardous waste regulations. The code can be found by doing a search at the Environmental Protection Agency's web site, www.epa.gov.

Keep in mind that individual states may have more stringent guidelines that you also need to follow in addition to the federal requirements. Check with your state's hazardous waste program for more information. You can find additional information related to this topic at www.ccar-greenlink.org, which is the environmental program of the Coordinating Committee For Automotive Repair.

What is my generator status?

The first step is to determine your generator status. To do this, you need to determine the type of waste your shop generates and what quantity is generated in a calendar month. The three levels that you may fall under include Conditionally-Exempt Small Quantity Generator (CESQG), Small Quantity Generator (SQG), or Large Quantity Generator (LQG). These categories have different storage and disposal requirements. This article concentrates on the SQG requirements because many automotive body shops fall under this category.

What are the requirements for Conditionally-Exempt Small Quantity Generators (CESQG)?

Your shop is a CESQG if it generates less than 220 pounds of hazardous waste in a calendar month, and you store no more than 2,200 pounds. You do not need to follow the hazardous waste management regulations as outlined by the EPA, but you do need to comply with a few basic requirements, including identifying your hazardous waste, complying with storage quantity limits, and ensuring proper treatment and disposal of your waste.

Note: If your shop is a CESQG and you generate more than 2.2 pounds of an acutely hazardous waste, you must follow the LQG requirements for managing hazardous waste (see below). Examples of acutely hazardous wastes include wastes generated from some pesticides that can be fatal to humans, even in low doses.

What are the requirements for Small Quantity Generators (SQG)?

Your shop is an SQG if it generates between 220 and 2,200 pounds of hazardous waste in a calendar month. You must comply with EPA requirements for managing hazardous waste. You must obtain an EPA identification number, which helps the EPA keep track of your hazardous waste activities. EPA Form 8700-12 is used for this purpose.

You may store up to 13,228 pounds of hazardous waste on site for no more than 180 days without a permit. If the disposal site is more than 200 miles away, you can store this amount for no more than 270 days. If you exceed these limits, you must obtain a treatment, storage, or disposal facility, or TSDF, operating permit.

Hazardous waste must be stored in a tank or container. If storing in a container, make sure to:

• use a compatible container
• mark the container with the words "HAZARDOUS WASTE" as well as the date the container first collected the hazardous waste
• not mix incompatible wastes or materials in containers unless precautions are taken to prevent certain hazards
• keep the lid closed when storing the container
• inspect containers for leaks, deterioration, and other problems at least once per week. If the container is damaged, move the hazardous waste to another container

If storing hazardous waste in a tank, make sure to:

• use a compatible tank
• label the tank with the words "HAZARDOUS WASTE."
• install a waste feed cutoff system or a bypass system if the tank has an automatic waste feed
• inspect the discharge control and monitoring equipment as well as the level of waste in uncovered tanks at least once per day. Additionally, inspect the tanks and surrounding areas for leaks and other problems at least once per week
• follow the National Fire Protection Association's buffer zone requirements for covered tanks containing ignitable or reactive wastes
• not mix incompatible wastes or materials or place ignitable or reactive wastes in tanks unless precautions are taken to prevent certain hazards
• provide at least two feet of space at the top of each uncovered tank, unless the tank is equipped with a containment structure, a drainage control system, or a standby tank with adequate capacity

• a communications system to alert all employees of an emergency situation. This system must be readily and easily accessible to all employees
• a communication device, such as a telephone, that can be used to alert the proper authorities of an emergency situation
• fire extinguishers, other fire control devices, spill control materials, and decontamination supplies
• an adequate supply of water with the appropriate pressure to properly feed water hoses and sprinkler systems

• selecting a regulated TSDF or recycler. Each TSDF and recycler must have an EPA identification number, and permit, if required
• packaging, labeling, and marking the shipment, and placard the vehicle in which the waste is shipped, in accordance with the Department of Transportation, or DOT, regulations
• preparing a hazardous waste manifest to accompany the shipment. The manifest helps track your waste from its origination to disposal.  There is a single Uniform Hazardous Waste Manifest form used in all states.  To obtain the form, contact your TSDF.  You must retain a copy of the manifest for at least three years.
• ensuring the proper management of any waste you ship, even when it is no longer in your possession. If, within 60 days of shipment, you do not receive a signed copy of the manifest from the TSDF, you are required to send a copy of the manifest to the state or EPA regional office. This copy is called an exception report, which informs the proper authorities that a signed manifest was not received from the TSDF.
• sending a Land Disposal Restrictions, or LDR, notice to the TSDF or recycler informing them that the waste must meet treatment standards before it is land disposed.
• requesting EPA's "Acknowledgement of Consent" document 60 days before the intended date of shipment if you choose to transport the hazardous waste yourself.

• storing hazardous waste on site for no more than 90 days without a permit, instead of 180 days as required by an SQG facility
• complying with preparedness and prevention requirements, preparing a written contingency plan, and training employees in hazardous waste management and emergency response, instead of the basic guidelines and response procedures as required by an SQG facility
• submitting a biennial report by March 1 of even numbered years covering generator activities for the previous year. This is not a requirement of the SQG facility.

• RCRA Frequently Asked Questions Internet Page. This allows users to find answers to commonly asked questions that cover a wide range of RCRA issues and topics. Find at: http://waste.custhelp.com/cgi-bin/waste.cfg/php/enduser/entry.php
• RCRA Online. The RCRA Online database is designed to enable users to locate documents, including publications and other outreach materials, that cover a wide range of RCRA issues and topics. Find at: http://www.epa.gov/rcraonline/
• EPA Internet page for RCRA regulations at: http://www.epa.gov/compliance/civil/rcra/rcraenfstatreq.html