EPA Warns Incinerator Backlog Could Mean Compliance Issues for Hazardous Waste Generators
Many of the nation's commercial hazardous waste incinerator facilities are notifying customers they'll no longer accept new waste for a while, says a ne...
Many of the nation’s commercial hazardous waste incinerator facilities are notifying customers they’ll no longer accept new waste for a while, says a new memo issued by EPA. This is because there are backlogs at the incinerator facilities, and they can’t handle any more product.
⚡ TL;DR: Commercial incinerator backlogs block hazardous waste disposal nationwide. Large quantity generators (90-day limit) and small generators (180–270-day limits) at risk of exceeding storage caps. EPA guidance: request time extensions for “unforeseen, temporary, uncontrollable circumstances.”
The Backlog
Incinerators cannot keep up with demand and cite several reasons. Like most companies, they’re seeing labor shortages both on the transportation end and on the incinerator facility end. Also, winter storms in the southern U.S. caused shutdowns and there have been additional shutdowns for scheduled and unscheduled maintenance. Then on top of that, increased manufacturing after the pandemic is creating even more waste. They estimate they won’t be able to resolve the backlog until the end of the first quarter of 2022.
⚠️ What’s at stake: Hazardous waste accumulating beyond legal storage limits triggers EPA violations, facility shutdowns, and personal liability for facility managers. Land disposal restriction (LDR) treatment standards can’t be met without incinerator capacity.
The Compliance and Logistics Issues
Some types of hazardous waste must be incinerated to meet land disposal restriction treatment standards. Large quantity generators are only allowed to accumulate hazardous waste for a maximum of 90 days. Small quantity generators are allowed 180 days, or 270 days if the waste must be transported 200 miles or more. This backlog could push storage beyond those limits.
EPA’s Guidance
Generators are allowed to submit requests to their authorized implementing agencies asking for time limit extensions for a 30-day period. Extensions are issued for “unforeseen, temporary, and uncontrollable circumstances.” EPA also says TSDFs can store waste for longer than 90 days if their permit allows this type of storage activity.
Is your facility approaching 90-day accumulation limits? Don’t wait for the extension letter to fail. Contact iSi Environmental to document your backlog impact and file requests early.
💰 The cost of non-compliance: Exceeding hazardous waste accumulation timelines can result in RCRA violations ($25,000+ per day), forced waste shipments at premium pricing, and EPA enforcement action that includes facility inspections and remediation orders.
Frequently Asked Questions
Q: Why are commercial hazardous waste incinerators experiencing backlogs?
According to EPA’s guidance, commercial hazardous waste incinerator facilities are facing multiple challenges including labor shortages in both transportation and facility operations, winter weather-related shutdowns, scheduled and unscheduled maintenance requirements, and increased waste generation from post-pandemic manufacturing growth. These combined factors created inability to accept new waste and extended processing times into 2022.
Q: What are the land disposal restriction treatment standards for hazardous waste?
Land disposal restriction (LDR) treatment standards establish specific treatment methods that certain hazardous wastes must undergo before being disposed of in landfills. Incineration is required for many hazardous waste types to meet LDR standards, ensuring safe destruction of persistent contaminants before any land disposal.
Q: How long can generators accumulate hazardous waste on-site under EPA regulations?
According to RCRA hazardous waste regulations, large quantity generators can accumulate hazardous waste for a maximum of 90 days on-site. Small quantity generators may accumulate for 180 days, or 270 days if waste must be transported 200 miles or more. iSi Environmental notes these timelines are critical for compliance during incinerator backlogs.
Q: What options do hazardous waste generators have when incinerator capacity is limited?
Generators can request time limit extensions from their authorized implementing agencies for unforeseen, temporary, and uncontrollable circumstances, with extensions typically issued for 30-day periods. Alternatively, Treatment, Storage, and Disposal Facilities (TSDFs) may store waste longer than 90 days if their permit authorizes storage activities beyond standard accumulation periods.
Incinerator backlogs are a logistics crisis, not a compliance waiver. The facilities managing waste now are managing risk, and so should you. Extensions buy time—but only if you file early.
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