Important Updates on Lead-Based Paint and Hazardous Waste.

Happy New Year! 

While we cannot help you deal with some of the big influencers this coming year like politics or weather, we will strive to help you navigate your way through the regulatory world for another year.

We start with year with updates in the areas of Lead-Based Paint and Hazardous Waste Management.

Lead-Based Paint

In the world of lead, we still have several pending changes along with a recent Federal rule change.  First, we still have no word yet on new lead rules from the Minnesota Department of Health.  They are still considering asbestos and lead rule changes in addition to the adoption of Lead Renovation, Repair and Painting rules on a State level.  COVID-19 has put all these on the backburner.

The EPA, however, continues to work tirelessly to make the world a safer place for American children, at least as it pertains to the dangers of lead.  In December, they announced their new Dust Lead Clearance Levels (DLCLs)of:

• 10 µg/ft² for floors
• 100 µg/ft² for window sills

These levels are now in line with their 2019 revision to the dust-lead hazard standards (DLHS).  At that time, as you might recall, they did not drop the threshold for dust hazards to the 10/100 levels but didn’t change the clearance standards.  This new rule corrects the loophole caused by that oversight.

This change also brings the federal standard into line with HUD and Minnesota standards.  Almost. As you may have noticed, they did not issue a new clearance standard for window troughs.  They state they left the trough level unchanged “…since there is no DLHS for window troughs, EPA is not revising the DLCL for window troughs at this time”. 

So, the clearance standard for troughs remains at 400 µg/ft².  However, both Minnesota and HUD have lowered the trough clearance level to 100 µg/ft².

Hazardous Waste Training & Emergency Management

Does your facility generate hazardous waste?  Most do, of course, but the majority of facilities fall in the “Very Small Quantity Generator” category.  Training and report requirement ramp up for the Small Quantity Generators (SQG) and Large Quantity Generators (LQG).   The latest word is that both State and Federal agencies are going to become more active in their compliance efforts in these areas in 2021.

Hazardous Waste Training

Regarding training, Federal EPA and State Hazardous Waste rules require that:

All facility personnel, including office staff and on-site contractors, must be trained on emergency procedures. Based on the type of hazardous waste management and the facility’s generator status, this could include training on facility-specific contingency plans and evacuation procedures.

Essentially, facility training programs must teach hazardous waste management procedures relevant to the position and duties of the employee. Ideally, your training program would represent “real world” scenarios and site-specific hazardous waste management activities which instruct employees how to:

• Identify the chemical and physical characteristics of the waste streams employees are assigned to manage and recognize incompatibilities with other wastes and materials.
• Document and maintain hazardous wastes.
• Identify appropriate waste containers for storing and shipping.
• Label and mark containers during storage and for shipment
• Inspect waste-storage areas (if applicable)
• Utilize manifests (if applicable)
• Protect employees from hazardous waste.
• Respond to hazardous waste emergencies and spills and whom to inform if an emergency occurs.

Additional requirements are based on the size of the generator.

OSHA also has training requirements in addition to the site-specific emergency procedure training.  According to OSHA, HAZWOPER training is required for any employees designated to respond to hazardous waste incidents and spills.

Training may be acquired through a combination of in-house, on-the-job or formal training programs according to both EPA and OSHA.  Keep in mind, though, that completion of a 24 or 40-hour HAZWOPER course does not, on its own, meet these requirements. 

Emergency Preparedness & Planning

Your hazardous waste emergency planning requirements are also determined by your site’s hazardous waste generator size.  In general, every generator must maintain their facility and operate it to minimize the possibility of hazardous waste incidents.

To do so, facilities are required to:

• Follow equipment manufacturer directions.
• Apply industry best management practices (BMPs)
• Comply with federal, state, and local safety regulations.
• Provide an internal public address or alarm to notify employees of an emergency.
• Provide immediate access to emergency communications.
• Provide external telecommunications so employees can contact local emergency response agencies.
• Provide fire protection equipment appropriate for your wastes.
• Provide spill control equipment appropriate for your wastes.
• Provide employee decontamination equipment appropriate for your wastes.
• Maintain and test all emergency equipment, including communications systems and fire, spill, and decontamination equipment to ensure it will work in an emergency.
• Respond to the best of your facility’s ability to safely stop, contain, and collect spills of hazardous waste or any other material that may pollute the environment.
• Immediately report all such spills to your designated State regulatory agent

SQGs and LQGs will have additional requirements including a requirement for written plans for LQGs.  Contact us for your state specific guidelines.

North Dakota Facilities Quick Reference Guide Requirements

If you are considered a large quantity generator in North Dakota, remember that you also have a requirement for the preparation and distribution of a quick reference guide for your contingency plan.  This plan must be up to date and be distributed to the local authorities.

The quick reference guide must include specific information about your plan and facility.  More information can be found in the following document:  NORTH DAKOTA HAZARDOUS WASTE COMPLIANCE GUIDE – 2020

More information available here:

Minnesota Pollution Control Agency

North Dakota Department of Environmental Quality

South Dakota Department of Environment & Natural Resources

Wisconsin Department of Natural Resources

As with all items we discuss in this newsletter, ETI can help you establish necessary programs and train your personnel.  We’ve recently partnered with private organizations to evaluate facility programs and assist with program development and emergency planning.  We would be happy to discuss the way that we can help!

Give us a call at (701) 777-0384 or email us at info@und-eti.com.