Hazardous Waste is dangerous and must be managed as such, but generators can manage three types of waste under the “Universal Waste” regulations – Batteries, Mercury-Containing Equipment, and Lamps.

These wastes can be accumulated in larger quantities and for a longer period of time than regular hazardous waste. Provided that these waste streams are placed in containers that are structurally sound and prevent escape of toxic materials to the environment, and that the containers are labeled as “Used”, “Waste”, or “Universal Waste”, Universal wastes can be accumulated up to 1 year before being transported offsite. Universal waste is also exempt from counting towards your hazardous waste generator classification, can be excluded from annual hazardous waste reporting, and does not require a hazardous waste manifest for shipping (unless shipped with hazardous waste).

Washington State Generators can find the Universal Waste regulations in WAC 173-303-573 [effective 10/31/2020] and additional guidance on Ecology’s website here.

Note: For generators in other states, the federal Universal Waste regulations and guidance are available here.

On October 12, 2023, EPA introduced a proposed rule under the Toxic Substances Control Act (TSCA) to phase out trichloroethylene. Trichloroethylene is primarily used as a degreasing solvent for metal equipment, to make refrigerants, and to produce other hydrofluorocarbons, but it is a known human carcinogen. Trichloroethylene is also a skin and eye irritant and exposures to high levels can cause dizziness, headaches, sleepiness, confusion, nausea, liver damage, and even death. Harm caused by exposure to trichloroethylene is well known after the long exposure of soldiers at Camp Lejeune and from the movie “A Civil Action” which tells the story of children’s leukemia after exposure to contaminated water.

Under EPA’s proposed rule, most solvent uses would be eliminated within one year, including presence in consumer products. About 84% of the annual trichloroethylene production is used to make hydrofluorocarbon refrigerant, and EPA’s proposed rule would allow that use to continue for the next 8.5 years. Trichloroethylene is still expected to be used by NASA and the Department of Defense, and in lithium batteries under a 10-year phase out exemption.

If you use any products containing trichloroethylene, now is a good time to check in with the manufacturer to discuss if this regulation will affect your raw materials. Further information can be found on EPA’s “Risk Management for Trichloroethylene” webpage. Comments on the proposed rule must be received by December 15, 2023 using the docket identification number EPA-HQ-OPPT-2020-0465 through the Federal eRulemaking Portal at https://www.regulations.gov/.

A recent forum conducted by the Consumer Product Safety Commission (CPSC) focused on the safety and testing of Lithium-ion batteries.  Lithium-ion batteries are used in a wide range of applications including mobile phones, laptops, cameras, power tools, scooters, and vehicles.  These batteries have been lauded for their wide range of application, high energy density power, and life cycle, but that doesn’t mean these batteries come without risks.

Lithium-ion batteries in micromobility products such as e-bikes, e-scooters, and hoverboards have become a leader in fire and overheating incidents according to the forum background information provided by the CPSC.  At least 208 instances reported across 39 states in a span of almost 2 years.  According to the Fire Department of New York (FDNY) representative for the forum, Lithium-ion battery involved fires have become a top cause of fatalities in New York.

So what’s the problem?

Experts in the forum were able to outline some of the main problems with Lithium-ion batteries.  One such problem was the lack of certification of the batteries.  Certifications are not always coming from certified institutes or counterfeit certifications are being applied after maintenance is conducted.  A second problem may be disparities in the internal construction of the battery packs, which can lead to charging issues or thermal runaway.  Thermal runaway of the batteries lead to larger, more sustained fires while also producing toxic fumes.  The final problem they noted was the availability of cheaper, readily available, aftermarket products that don’t have the same efficiencies and certifications as the original products.

Make sure that you are following the manufacturer’s recommendations for the usage, charging, maintenance, and storage of your batteries.  For more information, you can watch the CPSC’s panel on Lithium-ion Battery Safety here.

On January 6, 2023, EPA published a proposed rule for particulate matter National Ambient Air Quality Standard (NAAQS) that would retain the primary 24-hr PM_2.5 standard (35 µg/m³) and reduce the annual standard from 12 µg/m³ to 9 µg/m³. The agency is also taking comments on reducing the 24-hr PM­_2.5 standard as low as 25 µg/m³ and the annual standard as low as 8 µg/m³. The Clean Air Act requires that EPA review the NAAQS every five years to ensure their adequacy. The last review of the PM NAAQS was completed in December 2020 with no change, but EPA announced their decision to reconsider this action in June 2021.  Although no changes to the PM₁₀ NAAQS standard are expected at this time, changes to the PM2.5 NAAQS standard are proposed.

This proposal takes into account thousands of scientific studies since the last update of PM NAAQS in 2012 that have demonstrated the dangers of long term soot exposure. The evidence supports a likely relationship between long-term PM_2.5 exposure and respiratory effects, nervous system effects, and cancer. EPA estimates that if finalized, a strengthened annual PM_2.5 standard of 9 µg/m³ would:

• Prevent up to 4,2000 premature deaths per year;
• Prevent 270,000 lost workdays per year; and
• Result in as much as $43 billion in net health benefits in 2032.

EPA accepted public comments on the proposed rule through March 7th and has already held public hearings. Additional information will be made available on the National Ambient Air Quality Standards (NAAQS) for PM webpage.

State, local, and tribal air agencies will be required to use this standard after it is finalized federally. Once in effect, this will cause more difficulty when emission units require PM_2.5 modeling as part of a permit application or modification. Several areas throughout the Pacific Northwest have high particulate background concentrations, which will narrow the allowable “new” particulate emitted even further. If you are planning any facility expansions or new sources that include particulate matter emissions and want to know if this rule would effect your business, please contact Spring Environmental for more information.

The March HAZWOPER Challenge is now closed. Thank you for participating. Please come back April 1^st for our next HAZWOPER Challenge!

The March winner is Pat Tapley Congratulations!

Effective March 20, 2023, the portion of waters of the United States (WOTUS) subject to federal regulatory control under the Clean Water Act (CWA) will be increasing.  This is the latest iteration of the rule, which the Environmental Protection Agency and Corps of Engineers describe as “a clear and reasonable definition of waters of the United States” designed to “reduce the uncertainty from constantly changing regulatory definitions that has harmed communities and our nation’s waters.”

As before, wetlands adjacent to traditional navigable waters, territorial seas, or interstate waters are under jurisdiction of the CWA.  The new rule will include tributaries that flow into these waters, as well as nearby wetlands, depending on their permanence and interconnectedness.  If the waters are “relatively permanent” or can “significantly affect WOTUS”, private and public parties performing work in or near these new waters may be subjected to regulations and permitting under the CWA.  These waters can include, naturally occurring ditches, prairie potholes, ephemeral drainages, and low spots on farmlands, and can be considered “relatively permanent” if continuous flow exists at any time during a year.  Significant potential effects include nutrients, sediment, temperature, and pollutants.

Additional information on this rule can be found here: https://www.epa.gov/wotus/revising-definition-waters-united-states

On September 15, 2022, the Occupational Safety and Health Administration (OSHA) announced updates to the Severe Violator Enforcement Program (SVEP) that will expand the criteria for being placed in the program.  Along with expanding the criteria, OSHA also outlined new information on follow-up inspections and conditions for being removed from the program.  The SVEP was developed to focus enforcement efforts on those employers that willfully violated certain safety and health standards, repeatedly violated standards, or refused to correct violations.  The update will broaden the scope of the program standards that would be included.

According to OSHA, the following criteria updates will be included:

Getting into the program:

• Employers will be placed in the program for citations of at least two willful or repeated violations or who receive failure-to-abate notices based on the presence of high-gravity serious violations.

Follow-up while in the program:

• After notice of the final order, follow-up or referral inspections will be made yearly – but not longer than two years.

Getting out of the program:

• Employers have the potential of removal from the Severe Violator Enforcement Program three years after the date of receiving verification from the employer that all program-related hazards have been abated.
  • Employers’ have the ability to reduce time spent in the program to two years, if they consent to an enhanced settlement agreement that includes use of a safety and health management system with seven basic elements in OSHA’s Recommended Practices for Safety and Health Programs.

For more information regarding the update, click here.

The August HAZWOPER Challenge is now closed. Thank you for participating. Please come back September 1^st for our next HAZWOPER Challenge!

The August winner is S. Woolley Congratulations!