Accumulating Hazardous Materials is Dangerous

Hazardous substances were released during a chemical fire at a business near our neighborhoods and community parks. It was a late summer Saturday afternoon and kids were playing league baseball and softball as families wondered what the ash falling from the sky was all about. Reports indicate that explosions followed the initial ash fall and the park was eventually and safely evacuated. Early reports from officials also directed that ash should not be touched, a fish kill is possible, and the park and pond is closed.

Information will be collected as investigation and cleanup continues. Much of the investigation will involve determining the nature of the facility’s use, generation, treatment and storage of hazardous substances.

There are laws to prevent businesses from allowing dangerous hazardous wastes to accumulate at their facilities. During recent inspections of this manufacturing facility, the Indiana Department of Environmental Management (IDEM) noted concerns of potential “speculative accumulation” of hazardous materials stored by the facility. A look at the “satellite views” online and photos and information in the inspection documents indicates that materials containing hazardous substances were piled up behind the building.

The speculative accumulation rule was enacted to mitigate the serious risks created by facilities that over-accumulate hazardous secondary materials prior to recycling. In general, for the accumulating materials to avoid becoming a waste, the rule at 40 CFR 261.1(c)(8) requires at least 75% of the material to be recycled or transferred for recycling within a calendar year. The amount required to be recycled is based on the volume accumulated at the beginning of the regulatory time period. Proper inventory records, labeling, and other documentation is required. If compliance with the rule cannot be demonstrated then the material becomes subject to the waste treatment, storage and disposal rules, including determining if the waste is hazardous.

IDEM’s recent inspection of the facility noted the speculative accumulation rule and added: “documentation should include labeling of the containers and/or keeping an inventory and ensuring a start date is on each container. The facility should be able to provide documentation on the products being stored . . . and document the recycling/reuse percentage of each material to determine compliance with the speculative accumulation requirements.”

It may be more cost-effective to recycle and reuse hazardous substances when compared to the compliance costs of hazardous waste management and disposal. Without the regulatory paperwork to prove timely and appropriate recycling and reuse, the materials will likely be viewed as discarded, and therefore a waste. Whether the chemicals are managed as waste or materials waiting for reuse, the best practice is to avoid accumulating such hazardous materials for the safety of workers and first responders, and to minimize dangerous releases of the hazardous chemicals.