EPA Final Rule Simplifies RCRA Hazwaste Generator Requirements

by New Pig Technical Team

Facilities that generate hazardous waste should benefit from the recent final rule that reorganizes the Environmental Protection Agency’s (EPA) Resource Conservation Recovery Act (RCRA) standard for hazardous waste generators. The Hazardous Waste Generator Improvements rule revisions, which become effective on May 30, 2017, are designed to give facilities a better understanding of which rules apply to their facility, as well as greater flexibility for managing their hazardous waste streams.

Summary of Major Changes

Conditionally Exempt Small Quantity Generators (CESQGs) are now Very Small Quantity Generators (VSQGs)
VSQGs may now send their hazardous wastes to a Large Quantity Generator (LQG) that is under the control of the same owner
If a VSQG or Small Quantity Generator (SQG) has an “episodic event,” such as a spill or once-a-year process cleanout, they can maintain their generator status by following the criteria outlined in the exemption
SQGs and LQGs must contact their local emergency planning committees and responders and share information about hazards at their facility
SQGs must now notify the EPA of their hazardous waste activities every four years
Container marking and labeling rules have been revised
Generator regulations have been reorganized to help each type of generator know which rules apply to their facility

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Identifying Hazardous Wastes

A critical component to the RCRA hazardous waste generator standard is — and has always been — accurately identifying both solid and hazardous wastes. The final rule made a few clarifications to the requirements in the criteria for identifying solid wastes, such as updating the definition for “scrap metal” and clarifying the exemption for spent sulfuric acid that will be used to produce virgin sulfuric acid.

Facilities are still required to make solid and hazardous waste determinations for all types of wastes generated by the facility. The final rule clarifies that hazardous waste determinations are to be made before the waste is diluted, mixed or otherwise altered [40 CFR 262.11(a)]. This helps to address worker safety concerns and potential environmental issues if the waste is released.

Facilities are still permitted to use generator knowledge to determine if their solid wastes are also hazardous wastes [40 CFR 262.11(d)(1)]. Acceptable forms of generator knowledge include:

Process knowledge (e.g. information about chemical feedstocks and other inputs to the production process)
Knowledge of products, by-products and intermediates produced by the manufacturing process
Chemical or physical characterization of wastes
Information on the chemical and physical properties of the chemicals used or produced by the process or otherwise contained in the waste
Testing that illustrates the properties of the waste
Other reliable and relevant information about the properties of the waste or its constituents

When generators cannot make an accurate hazardous waste determination using generator knowledge, a sample should be sent to a laboratory for testing [40 CFR (d)(2)]. SQGs and LQGs must maintain records that explain how each waste determination was made [40 CFR 262.11(f)] and identify applicable hazardous waste numbers and codes prior to offsite waste shipments [40 CFR 262.11(g)].

Waste Generator Status

Accurately identifying hazardous wastes that are generated onsite is essential because it determines the facility’s hazardous waste generator status [40 CFR 262.13]. This status can remain the same or it can vary from month to month, depending upon how much acute and non-acute hazardous waste the facility generates.

The EPA has three different categories of hazardous waste generators:

Very Small Quantity Generator (VSQG) [formally known as “Conditionally Exempt Small Quantity Generator” (CESQG)]
Small Quantity Generator (SQG)
Large Quantity Generator (LQG)

The volumes of both acute and non-acute hazardous waste that are generated and stored onsite determine the facility’s hazardous waste generator status. Wastes can be hazardous for a variety of reasons. They may be listed in one of EPA’s four lists (F, K, P or U listed) or they may have a hazardous waste characteristic (toxic, reactive, corrosive or ignitable).

Any waste that is listed on EPA’s “P list” of discarded commercial chemical products [40 CFR 261.33] or has one of the following “F list” waste codes: F020, F021, F022, F023, F026, and F027 [40 CFR 261.31] is an acutely hazardous waste. Because these wastes can be extremely dangerous even when they are properly managed, RCRA regulates these wastes more closely and limits the volumes that can be stored or managed onsite.

Facilities that generate either acute or non-acute hazardous waste can apply their generator status from the criteria found in 40 CFR 262.13:

VSQGs generate ≤ 1kg of acute hazardous waste or ≤ 100 kg of non-acute hazardous waste per month
SQGs generate ≤ 1kg of acute hazardous waste or >100 kg but <1,000 kg of non-acute hazardous waste per month
LQGs generate > 1kg of acute hazardous waste or >1,000 kg of non-acute hazardous waste per month

Facilities that generate both acute and non-acute wastes each month will benefit from the addition of “Table 1” to determine their generator category.

Table 1 - Generator Categories Based on Quantity of Waste Generated in a Calendar Month

Quantity of acute hazardous waste generated in a calendar month	Quantity of non-acute hazardous waste generated in a calendar month	Quantity of residues from a cleanup of acute hazardous waste generated in a calendar month	Generator category
> 1 kg	Any amount	Any amount	Large quantity generator
Any amount	≥ 1,000 kg	Any amount	Large quantity generator
Any amount	Any amount	> 100 kg	Large quantity generator
≤ 1 kg	> 100 kg and < 1,000 kg	≤100 kg	Small quantity generator
≤1 kg	≤ 100 kg	≤100 kg	Very small quantity generator

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.

VSQG Requirements

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.

SQG Requirements

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

Episodic Events

A new provision in the final rule acknowledges that spills happen and, from time to time, facilities perform clean-out operations or other functions that create volumes of wastes that would cause the facility to jump to a higher generator status. The EPA now calls these situations “episodic events” [40 CFR 262.230-233]. This new exemption allows VSQGs and SQGs to maintain their generator status if they have an episodic event, as long as they follow the identification, management and notification requirements outlined in the exemption.

Episodic events may be unplanned or planned. Facilities can claim one episodic event exemption per year without changing their generator status. If they have more than one episodic event per year, they may petition the EPA for permission for the second event.

LQG Requirements

The hazardous waste management requirements for LQGs are found at 40 CFR 262.17. Most of LQG requirements are similar to the SQG requirements, but hazardous waste accumulation times for LQGs are limited to 90 days. LQGs may also accept hazardous wastes from VSQGs that are owned by the same entity.

Like SQGs, LQGs must obtain an EPA identification number and use transporters with EPA identification numbers. But unlike SQGs, large quantity generators must submit biennial reports and re-notify the EPA of their hazardous waste activities by March 1 of each even-numbered year. They must also notify the EPA when closing a facility.

Additional Rules for SQGs and LQGs

In addition to the rules that specify what each type of generator must do to maintain their exemption from permitting, the final rule clarified several other RCRA statutes.

Pre-Transport Requirements

Before containers that hold less than 119 gallons of hazardous waste may be transported, they must be properly marked in accordance with DOT requirements found in 49 CFR 172.304. The markings include a statement prohibiting improper disposal, as well as information that identifies both the waste and the generator.

Recordkeeping Requirements

LQGs are required to submit biennial reports to the EPA. Updates to 40 CFR 262.41 clarify that even if the facility is only a LQG for one calendar month, they may need to submit reports. The amended rule also allows the EPA administrator to require facilities to submit additional reports as deemed necessary.

Emergency Planning and Preparedness

SQGs and LQGs still need to be prepared for fires, spills and other emergencies that could involve the hazardous wastes at their facilities. The new rule makes it a requirement for SQGs and LQGs to contact local agencies and provide them with at least basic contingency planning information. Sharing this information and coordinating facility plans with local, county and state agencies provides outside responders with the information that their staff will need to assist the facility in the event of an emergency.

For many facilities, the final rule will not cause too many changes in the way that hazardous wastes are identified or managed. However, the improvements and clarifications that have been made should help ensure that hazardous waste determinations are accurate and that each type of generator knows the requirements that pertain to their facility. It will also assist local, state and federal agencies with the accurate and appropriate information that they need to plan for emergencies.

Are you ready to test your knowledge of the EPA Hazwaste Generator Rule updates? Start the quiz now! You’ll get a full report with your score and all questions and answers.

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These tools and information will also get you ready for the rule change with tips on how to properly comply with RCRA regulations.

TAGS: Hazardous Waste

6 Comments

Grover Kuhssays:
02/15/2017 at 10:40 am Reply
Thank you for the information. It was very Helpful
- Brittanysays:
  02/16/2017 at 8:43 am Reply
  Thanks for the feedback, Grover!
Stuart Matthewssays:
05/17/2017 at 1:13 pm Reply
Thanks you Karen. Very concise summary.
- Karensays:
  05/17/2017 at 1:45 pm Reply
  Thanks so much for the feedback, Stuart!
Carriesays:
05/25/2017 at 2:15 pm Reply
Thanks for the reminders and concise writing! I just pulled out my U-waste binder and see that I need to update my registration forms with the local handlers. You also reminded me to pull the notice of regs updates out of the heap of “to read” on my desk. 😉
- Brittanysays:
  05/30/2017 at 9:32 am Reply
  Thanks for the feedback, Carrie! If you have any questions do not hesitate to leave another comment and ask or email us at karenea@newpig.com. Good luck with your updates!
  
  Best,
  Brittany

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