Amendment to P075 and accurate generator status tracking

For major retailers, hazardous waste generator status is a big deal. Reducing generator status means saving operational dollars and reducing compliance headaches. Evolving state and federal-level regulations, gaps in data and reporting, and misclassified products makes accurately tracking generator status in real-time a challenge.
Updates to RCRA took effect this past Wednesday. The EPA rule eases disposal guidelines of FDA-approved over-the-counter nicotine replacement therapies (OTC NRT). The final rule states that these OTC NRT products (gum, patches, etc.) are no longer considered acutely hazardous waste. For major retailers that sell OTC NRT’s and have not established a specialized nicotine program, this amendment will likely reduce their generator status. The only caveat is that retailers need to know which states adopt the more lenient disposal guidelines and have accurate generator status tracking by store.
Prior to this amendment, many retailers were being pushed into Large Quantity Generator (LQG) status. It takes just 2.2 lbs of acutely hazardous waste in a month to push a store into LQG status. This status means more hauler pickups, more employee training requirements, more labeling and compliance forms to complete, obtaining a US Hazardous Waste generator id number, developing hazardous waste contingency plans and submitting biennial hazardous waste reports. Reducing generator status makes life easier and cheaper for operations, compliance, store managers, and hourly employees.
This highlights a few challenges faced by retailers attempting to meet regulatory compliance standards while minimizing operational costs and striving to meet sustainability goals. When the EPA makes an update or amendment to RCRA that involves easing disposal guidelines, states may choose to adopt that amendment or keep their own stricter disposal guidelines in place. How does a retailer know which states to no longer classify OTC NRT products as acutely hazardous waste in?
Today, this is either manually searching state laws and regulations or relying on the knowledge of their hazardous waste haulers. If a retailer has someone on staff keeping up to date with state-by-state adoption of code amendments, that’s terrific; now they can send a blast email out to all the store managers in the appropriate states that they no longer have to classify OTC NRT’s as acutely hazardous. But to actually make the generator status change and realize those time and dollar savings, they must have accurate, real-time generator status tracking.
If the retailer does not have the regulation-wiz on staff and real-time generator status tracking implemented, they are at the mercy of their hazardous waste haulers. What incentive does a hauler (who is paid based on how frequently they pick up hazardous waste) to keep up to date with the latest regulation amendments and which states adopted these amendments, sort through the acutely hazardous waste to take out OTC NRT’s, reweigh the acutely hazardous waste to see if it is now below 2.2 lbs, and then inform the retailer that they can reduce their status and schedule fewer waste pickups?
If you’re a retailer curious about accurate and up-to-date hazardous waste classification, real-time generator status tracking and/or waste hauler auditing, drop us a line, we’ll provide a free assessment. We’ve coded all of this into our platform to automate decisions and make your life easier.
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Consumer Products Containing Lithium-Ion Batteries
This data is pulled from over 40k consumer products sold today in the US at the top retailers and big box stores. Product vendors are required to register all products with SmarterX before they can hit store shelves - so that the retailer knows how to safely store, ship and dispose of it. SmarterX identifies and analyzes the detailed chemical makeup of all components of consumer products, and has APIs that cross-check these ingredient details against all state and local regulations - as well as retailer-specific rules.
While outdoor recreation equipment is the largest concern right now for consumer safety and regulatory changes, countless other product categories contain lithium-ion batteries and could be impacted. It’s also critical that consumers and retailers understand what types of products contain these batteries - so they can handle them safely (for both people and the environment). In fact, home appliances account for over 10% of all products containing these batteries - and kids toys & games also represent nearly 3%.
The full list of individual products can be found here.



The do's and dont's of selling TVs, computers, printers and other electronics
The do's and don'ts of selling TVs, computers, printers and other electronics
What are the state-level rules for compliantly selling consumer electronics?
As the consumption of consumer electronics increases and the obligations to handle electronics in a safe and sustainable way becomes more and more important, it’s essential that retailers and manufacturers know their obligations and understand the proactive ways they can be good corporate citizens.
Here are three questions electronics retailers and manufacturers should seek to answer:
1. What are the state-level regulations that apply to Covered Electronic Devices (CED) today?
2. How does the price of a TV affect which regulations apply?
3. Which states have obscure rules for CEDs?
Failing to comply with selling requirements could result in being placed on a “Do Not Sell” list and the issuance of fines.
Demand for consumer electronics is going up and up and so are the risks if retailers make mistakes with selling, shipping, returns, recycling, and donations?
US sales of electronic devices are staggering. In 2021, we spent a whopping $442 billion. That’s $1,440 for every person. Over the next five years, the industry expects a compound annual growth rate of 5.3% globally.
While demand for electronic devices increases, retailers and manufacturers are also under pressure to deliver products as efficiently and sustainably as possible. There are many hurdles to overcome - most notably, regulatory hurdles. Every phase of the consumer electronic supply chain is regulated, from equipment manufacture, to transportation, to selling in the store, to how the product must be disposed of when no longer needed.
The early 2000s yielded a flurry of electronic device legislation in the United States. But regulations haven’t kept up with product innovation. This has left manufacturers, retailers and handlers of electronic devices struggling to interpret older regulations and apply them to new products hitting the market.
For example, there are no federal regulations for how TVs, computers, monitors, computer peripherals, and printers should be sold, handled and disposed of. That said, half of US states have implemented their own regulations for electronics covering these devices, known formally as “Covered Electronic Devices (CEDs)”.
It’s imperative for manufacturers and retailers to understand state requirements, and each state’s requirements differ slightly. For example, in South Carolina, TVs that are sold for less than $100 are exempt from the CED requirements. While in Pennsylvania, manufacturers who only make computer peripherals (and no other device type) are exempt from requirements. Companies have needed to stay on top of regulations, including local nuances, to avoid being fined for shipping or disposing of products in the wrong way.
This is where Smarter Sorting comes to the rescue. We know the rules. We also know the individual makeup of millions of consumer products. We can accurately identify the right product classification, instantly.
In our State-level Requirements for Selling Covered Electronic Devices white paper, we examine all applicable requirements for selling CEDs and break down how manufacturers and retailers can confidently navigate the complex regulatory environment in order to get products to consumers, quickly and efficiently.
State-level requirements for selling CEDs - Smarter Sorting, May 2022

Cosmetics manufacturers and importers: are you ready for AB 647?
California’s Assembly Bill 647 (AB-647) goes into effect July 1, requiring cosmetics manufacturers and importers to provide safety data sheets (SDSs) in Spanish, Vietnamese, Chinese, and Korean on their websites. If you have a large quantity order for GHS 7-compliant safety data sheets, Smarter Sorting is ready to help.
Workplace safety practices and personal protective equipment (PPE) are under increased scrutiny in the age of COVID-19. While these issues are particularly applicable in the healthcare industry, they are also relevant for employees who work near customers, co-workers, and/or hazardous materials.
California was ahead of the curve in its concern for worker and consumer safety even before the pandemic—most recently evidenced by the passage of AB-647 in September 2019. Under the act, cosmetics manufacturers and importers must post GHS 7-compliant SDSs for all cosmetic products on their public-facing websites in English, Spanish, Vietnamese, Chinese, and Korean.
This transparency will most assuredly lead to an increase in SDS usage and review. Long story short: it’s now more important than ever to accurately represent the hazards of a product in a single, informative SDS.
Smarter Sorting’s Automated Classification Engine (ACE) can help manufactures and importers adjust to this new landscape. How? ACE typically ingests SDSs, validates their attributes, and returns federal and state waste classifications—as well as transportation classifications for the Department of Transportation, the International Air Transport Association, and International Maritime Dangerous Goods Code.
Smarter Sorting is intimately familiar with common errors in SDSs and the problems that occur in the supply chain as a result. We correct these errors by letting machines do the work instead of humans. Automation allows for speed in addition to accuracy.
Want to know more? Check out our sample SDS. If you can find an error, we’ll give you a free SDS!
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