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 noncompliance 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

o 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. 

o Make claims that a waste is not a waste because there is a market for 

it.

o Industry claims that ignitable chemical products can be burned as fuel 

source and eligible for RCRA exclusion

o Larger firms seem to pull this information from RCRAInfo and apply their 

own interpretations.

o 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

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

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

o Easier/cheaper for businesses to leave item and claim as a product 

than claim it as hazardous waste.

o Common occurrence with the chrome plating industry in their state

o 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”

o 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.

o This stems in part from company culture but not always

o 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.”

o 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

o EX. Operator throwing away ignitable paint

3

rd Party assistance – Transporters/brokers:

 Believe that some are intentionally duping their clients for financial gain

o 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

o 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

o They will walk through the inspection process with generators

Another state mentioned:

 Used to have a bureau to help with compliance assistance 

o Would hold individual trainings with generators

o Speak with trade schools

 Generator list serve (generators must sign up via email)

o 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

o 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

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

 Training

o 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