Waste generators are responsible for managing waste from the time it’s generated through transportation off-site, any treatment it undergoes and up until and including its final disposal. This responsibility is known as cradle-to-grave liability. The Environmental Protection Agency’s (EPA) regulations for the cradle to grave management of a waste apply most heavily to hazardous waste, but they apply to some degree to all wastes generated by a commercial or governmental activity, unless specifically exempted or excluded. Wastes subject to cradle-to-grave regulations include:
- Hazardous waste generated by a Large Quantity Generator (LQG) or Small Quantity Generator (SQG)
- Note: The waste generated by a Very Small Quantity Generator (VSQG) is exempted from most – but not all – cradle-to-grave responsibilities
- Universal waste
- Used oil
- Non-hazardous waste if subject to regulation by a state with an authorized hazardous waste program
So how does cradle to grave liability affect you as a waste generator? If your waste is not properly stored, treated or disposed of, you could be on the hook, even if it happened with a waste transporter or a Treatment, Storage, and Disposal Facility (TSDF). This is why choosing a reputable waste transporter and TSDF is so important. But how do you know who is reputable?
Use the following questions when researching waste transporters and TSDFs.
Waste Transporters
- Does the hazardous waste transporter have an EPA Identification Number?
- Is the hazardous waste transporter registered with your state?
- Transporters of hazardous waste must have an EPA Identification Number and be registered with a state environmental agency if that state has an authorized hazardous waste program
- Does the used oil transporter have an EPA Identification Number?
- If required, does the used oil transporter have a State Identification Number or is it otherwise registered with your state?
- A used oil transporter must have an EPA Identification Number and may be required to register with your state and may also be subject to additional state-specific regulations
- If required, does the non-hazardous waste transporter have a State Identification Number or is it otherwise registered with your state?
- A transporter of non-hazardous waste may be required to register with a state and be subject to additional state-specific regulations
- Does the transporter deliver your waste directly to its destination or does it utilize a transfer facility?
- Though allowed by both EPA and Department of Transportation (DOT) regulations, you may not wish for your waste to be stored at a 10-day transfer site — or several — prior to reaching its destination
- Does the transporter have adequate insurance?
- The EPA does not specify a minimum insurance amount though one may be required by your state. If not established by regulation you must determine what level and type of insurance you are comfortable with
- Unless the transporter is associated with a particular TSDF, what is the final destination of your waste?
- The TSDF identified on the Manifest may not be the waste’s final destination
- If you are a VSQG, your waste is exempt from the requirement to use a Uniform Hazardous Waste Manifest. Will the hazardous waste transporter accept the shipment in compliance with EPA regulations for a VSQG?
- State regulations may require the use of the Uniform Hazardous Waste Manifest for VSQGs
- Does the transporter complete the Uniform Hazardous Waste Manifest or other shipping paper, as applicable, and provide it for your review and signature? Or are you responsible for its completion?
- As the Generator/Offeror of a hazardous waste you may be held responsible for errors in a hazardous waste shipment regardless of the person who completes the Uniform Hazardous Waste Manifest
- Does the used oil transporter test the used oil for total halogens prior to pickup?
- The generator of used oil must be prepared to “rebut” the “presumption” that used oil is a hazardous waste due to the presence of chlorinated solvents. This presumption is triggered by test results of >1,000 ppm total halogens
- Will the transporter enter into a written contract with you to clearly identify the responsibilities of each party?
- No contract absolves you of your cradle-to-grave liability under RCRA
TSDF
- Does the hazardous waste TSDF have an EPA Identification Number?
- Does the hazardous waste TSDF have an operating permit or license issued by your state or the EPA?
- A hazardous waste TSDF must have an EPA Identification Number and an operating permit or license issued by the EPA or state environmental agency if that state has an authorized hazardous waste program
- Does the hazardous waste TSDF’s permit or operating license allow it to accept your waste?
- A TSDF can only accept those wastes allowed by its permit or operating license
- Does the universal waste destination facility have an EPA Identification Number?
- Does the universal waste destination facility have an operating permit or licensed issued by your state or the EPA?
- A universal waste destination facility must have an EPA Identification Number and an operating permit or license issued by the EPA or state environmental agency if that state has an authorized hazardous waste program
- Does the TSDF have adequate insurance?
- EPA does not specify a minimum insurance amount though one may be required by your state. If not established by regulation you must determine what level and type of insurance you are comfortable with
- If you are a VSQG, your waste is exempt from the requirement to use a Uniform Hazardous Waste Manifest. Will the hazardous waste TSDF accept the shipment in compliance with EPA regulations for a VSQG?
- State regulations may require the use of the Uniform Hazardous Waste Manifest for VSQGs
- Does the hazardous waste TSDF complete the determination of the applicable Land Disposal Restriction (LDR or LandBan) on your behalf pursuant to 40 CFR 268.7(a)(1) or will you be responsible for its completion?
- Whomever completes the LDR determination, it is your responsibility as the generator of the hazardous waste to submit a copy of the notification (used if the waste requires treatment prior to land disposal) or certification (used if the waste is acceptable for land disposal without treatment) to the TSDF with the initial shipment
- Does the TSDF require specific analysis to be performed on a representative sample of the waste? Must specific analytical methods be used? Must a specific lab be used?
- In order to comply with the requirements of their operating permit, some TSDFs will require analysis beyond the regulatory requirements of a generator to complete the hazardous waste determination. EPA requires specific test methods be used for the purpose of waste determination: Hazardous Waste Test Methods / SW-846. Some states require the use of “certified” or “accredited” labs for the purpose of waste determination
- Will the TSDF enter into a written contract with you to clearly identify the responsibilities of each party?
- No contract absolves you of your cradle-to-grave liability under RCRA
Tips
- Some states maintain a database of registered waste transporters and permitted/licensed TSDFs. Check with your state environmental agency.
- Contact your state environmental agency regarding a prospective transporter or TSDF to discuss their compliance status.
- Check with your corporate office (environmental or legal) to determine if your company utilizes a list of “approved vendors” to use as a transporter or a TSDF. This may shorten your list of potential options.
As the generator of a waste you are responsible for its on-site management, its off-site transportation and its treatment, storage and disposal. If contamination occurs during any phase of this cradle to grave process, you can be held financially responsible for the cleanup costs. Keep these long-term liabilities in mind when choosing a transporter and TSDF.
3 Comments
Annika Larsonsays:
04/24/2017 at 5:38 pmMy husband and I are planning on having a renovation done on our home. We want to make sure the waste is properly disposed of. As you said, especially with hazardous waste, it’s important to check for certification such as an EPA identification number. Thanks for sharing!
Alex Deansays:
05/26/2017 at 2:27 pmIt’s good to know that when it comes to waste management that something to think about is if the transporter have insurance. Which would be great to know that everything will be done right. That way we don’t have to worry paying extra for if things go wrong.
Brittanysays:
05/30/2017 at 9:35 amHi Alex,
You are spot on! We think it’s extremely important to remind waste generators to consider whether their transporters have insurance. That doesn’t mean your company will necessarily be off the hook if something does happen due to Cradle to Grave Liability for hazardous waste, but insurance should provide some peace of mind.
Thanks,
Brittany
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