The vast majority of hazardous waste generators incorrectly use the term “cradle-to-grave.” The goal of this entry is to clarify that term precisely, as well as describe what responsibilities you own as a hazardous waste generator—from the moment such waste is created until its final disposal. Q&As include:
- What is the formal EPA definition of “cradle-to-grave?”
- So, what does “cradle-to-grave” responsibility actually mean?
- How do you know if you’re a hazardous waste generator?
- What are the requirements for hazardous waste transporters?
- How and why do EPA and DOT hazmat transportation rules overlap?
- What are the EPA requirements for hazmat treatment/storage/disposal facilities?
- Where can you get advice about EPA “cradle-to-grave” responsibilities?
What is the formal EPA definition of “cradle-to-grave?”
A deep dive into the EPA website will get you a nebulous definition for the agency’s pithy metaphor: cradle-to-grave. If you want to try this at home, click here. The best official definition you’ll unearth is “the time period from the initial generation of hazardous waste to its ultimate disposal,” which is courtesy of the RCRA Orientation Manual 2014 Glossary.
Not much help, eh? That’s why too many hazmat generators incorrectly think that once a hazardous waste hauler has picked up their waste, they’ve rid themselves of responsibility for it.
I.e., they suffer under the false & dangerous assumption that once the hazmat is offsite, the transporter and the disposal facility now own all the responsibility. But au contraire. Because per RCRA, once you’ve generated a hazardous waste, there’s no way to rid yourself of complete responsibility for it. Ergo, “cradle-to-grave.”
So, what does “cradle-to-grave” responsibility actually mean?
In the real world—which doesn’t often penetrate the D.C. Beltway—the term “cradle-to-grave” means that you’re responsible for a hazardous waste from the moment you generate it, its subsequent transportation to a properly-licensed storage or disposal facility, its proper treatment, and its proper disposal.
Your lawyer calls this “compliance liability,” which means that it’s solely up to you to ensure that whichever transporter, storage, and/or disposal company you engage to help you with your hazardous waste management is both qualified and properly licensed to do so.
This is no small thing. Because if anything goes wrong, you’ll bear primary responsibility, with all the legal and financial liabilities thereto, not to mention the public‑relations nightmare that goes along with being labeled a “polluter.” It’s crucial to get expert advice.
How do you know if you’re a hazardous waste generator?
If you’re reading this, there’s a good chance you are. This is because RCRA makes it exquisitely easy to be a hazardous waste generator. E.g., the moment you break open a can of solvent and use it, you’ve joined the ranks.
So, even if you were only to generate a single quart of waste solute per week, the improper storage or disposal of even that small amount can land you squarely in the crosshairs of the EPA, which is an area you want to stay clear of.
What are the requirements for hazardous waste transporters?
Many and complicated, as they’re regulated simultaneously by five different agencies: denizens of the EPA, those at OSHA, and their counterparts at the federal DOT. The FMSCA and the TSA also have an interest, but we’ll concentrate on EPA and OSHA herein.
So, who’s actually in charge? Well…
The Occupational Safety and Health Act (OSH) states that OSHA doesn’t own jurisdiction over workplace health & safety if another federal agency exercises statutory authority in this area. U.S. courts interpret this peculiarity of the OSH Act using a so-called “gap theory” or “hazard‑by-hazard” approach. E.g., if the DOT has a regulation that would reduce or eliminate a workplace hazard, its regulations are applicable. If it doesn’t, then OSHA regulations apply.
How would that play out?
The authority that decides which agency is alpha are “the courts,” which would suggest that such interpretations are forthcoming after you’ve done something that one or the other agency doesn’t like, haplessly instigating a litigious dogfight between the two that’s all about you.
Don’t let that happen. Get expert advice about hazardous waste transporters.
How and why do EPA and DOT hazmat transportation rules overlap?
Because hazmat transportation companies use public roads, highways, rails, and waterways—regulations for placarding, marking, labeling, and container specs are primarily developed by the DOT, with EPA input.
Concerns that are primary to the EPA include:
- EPA Identification Numbers. All hazmat haulers must have an EPA ID number, which is assigned to a company as a whole rather than requiring each of its trucks to have one.
- Hazardous waste manifests. A manifest must accompany the movement of a hazardous waste “cradle-to-grave.” This manifest ineradicably attaches a waste to your company as it moves from its point of origin to its ultimate destination—be it storage, treatment, recycling, or all three.
- Accidental discharges. In case of an accidental hazmat discharge, hazmat transport drivers must be properly trained to take immediate action. E.g., notifying local authorities and diking the discharge area to protect health and minimize any environmental impact.
What are the EPA requirements for hazmat treatment/storage/disposal facilities?
Most often, the same company will offer you (in logical order) storage, treatment, and disposal services. In illogical order, the EPA refers to such a company as a treatment, storage, and disposal facility (TSDF). And the regulations pertaining to TSDFs are more stringent than those that apply to transporters.
Such regulations include “good-housekeeping” rules (aka, general facility standards) and “unit‑specific design and operating criteria” to prevent the release of hazardous waste into the environment (see source).
If these rules sound onerous, rest assured that they are. It requires time and resources to make sure that a TSDF is adequately experienced and properly licensed to manage the kind and size of waste stream you generate. Don’t go it alone. Get expert advice.
Where can you get advice about EPA “cradle-to-grave” responsibilities?
“Cradle-to-grave” is the most important concept for generators. Hazardous Waste Experts specializes in providing efficient and cost-effective services for fulfilling “cradle-to-grave” mandates, all carefully vetted for financial references, insurance, letters‑of-credit, employee-training, licensing, and more.
Contact Hazardous Waste Experts today. And thank you for reading our blog!