The EPA allows all hazardous waste generators to be exempted from Treatment, Storage and Disposal Facility (TSDF) permitting when they follow the conditions applicable to their generator status. As should be expected, VSQGs have fewer and less stringent requirements than SQGs and LQGs.
Prior to the new rule, there was a lot of uncertainty as to which rules applied to which type of generator. The final rule places most of the requirements for each type of generator into a specific section and paragraph to improve clarity and make it easier for generators to determine which requirements apply to their facility.
Requirements for VSQGs have been consolidated into 40 CFR 262.14, and include limitations on the volumes of wastes that may be accumulated onsite, time limits for accumulation and a prohibition from placing any bulk, non-containerized hazardous waste or hazardous waste containing free liquids in any landfill.
Most of the SQG Requirements are now codified at 40 CFR 262.16. Generators in this category must manage their hazardous waste containers, tanks, drip pads and containment properly, including marking them with correct verbiage and accumulation dates and keeping them closed to help prevent spills and fugitive emissions. Hazardous wastes may be stored onsite for up to 180 days without a permit or for up to 270 days if they will need to be transported more than 200 miles. Satellite Accumulation Areas (SAAs) are permitted to be used throughout the facility, but must also meet applicable container management standards.
Like VSQGs, SQGs may not place bulk, non-containerized liquids or any hazardous waste containing free liquids in landfills and must comply with land disposal restrictions. They must also comply with requirements for rejected loads and establish emergency procedures to prevent and prepare for fires, spills and other emergencies that could involve the hazardous wastes stored onsite. Facility personnel must be familiar with these provisions and know what actions need to be taken in the event of an emergency.
In addition, all SQGs are now required to [40 CFR 262.18]:
- Notify the EPA of their generator activities and obtain an EPA identification number
- Re-notify the EPA of their generator status every four years (beginning in 2021)
- Use a hazardous waste transporter that has an EPA identification number
- Send waste to a TSDF that has an EPA identification number