Three Ways the New US Hazardous Waste Generator Rules Could Affect Your Operations

2016-05-20
1
Understanding EPA’s
Proposed Hazardous
Waste Generator
Improvement Rules
Federal hazardous waste generator rules haven’t
changed much in years, but major changes are coming
commons.wikimedia.org/w/index.php?curid=8079174 (title slide)
By TheDailyNathan, CC BY-SA 3.0, commons.wikimedia.org/w/index.php?curid=18025345

2016-05-20
2
commons.wikimedia.org/w/index.php?curid=18116784
You want to have a good understanding of what’s
coming, and what you’ll need to do in response
350 000 to 540 000 entities
290 000 to 470 000 very small quantity generators
Join me in this webinar
to learn about the new hazardous
waste generator rules

2016-05-20
3
Hazardous waste is
regulated under RCRA
1 2 3
Generators need to know
how to identify and
manage hazardous waste
Generator rules are being
streamlined and improved
Hazardous waste in the
United States is regulated
under the Resource
Conservation and
Recovery Act (RCRA)
1
1976

2016-05-20
4
By Gene Daniels, catalog.archives.gov/id/553045
By John Messina, catalog.archives.gov/id/552884

2016-05-20
5
Hazardous waste in the
United States is regulated
under the Resource
Conservation and
Recovery Act (RCRA)
1

2016-05-20
6
The waste management regulations in Title 40 CFR
contain the technical details
1
www.gpo.gov/fdsys/pkg/CFR-2015-title40-vol1/pdf/CFR-2015-title40-vol1.pdf
The main regulations for hazardous waste
producers are 40 CFR Parts 260, 261, and 262
1
www.ecfr.gov

2016-05-20
7
40 CFR Parts 263 through 279 cover
additional hazardous waste requirements
1
www.ecfr.gov
Each state can have its own hazardous waste rules
in place of federal rules
1
By SiBr4 and respective
authors of base files - Own work;
based on File:Blank US Map.svg
and files in Category:SVG flags
of states of the United States,
CC BY-SA 3.0,

2016-05-20
8
When you assess compliance, you need
to know state hazardous waste rules too
1
www.epa.gov/hwgenerators/table-noting-which-states-have-hazardous-waste-generator-categories-are-same-federal
Federal hazardous waste rules
are constantly evolving
1
By M. Garde - Self work (Original by: José-Manuel Benitos), CC BY-SA 3.0,

2016-05-20
9
Changes to RCRA have to be passed by Congress
1
Changes to Title 40 CFR are published
in the Federal Register
1
By Zach Rudisin - Own work, CC BY-SA 3.0,

2016-05-20
10
Hazardous waste
generators need to know
how to identify hazardous
waste, and how to
manage it
2
Hazardous waste is a solid waste that has
potentially dangerous properties
2

2016-05-20
11
Hazardous waste comes from diverse sources
By Peabody Energy, Inc. - Provided by Peabody Energy, CC BY 3.0,
By ANT Berezhnyi - 20101002_avto, CC BY 3.0,
By Simon Law from Montréal, QC, Canada - Dry cleaning, CC BY-SA 2.0,
By Walter Siegmund (talk) - Own work, CC BY 2.5,
2
Use 40 CFR Part 261 to determine
whether your waste is hazardous waste
2
42 USC 6903 Definitions
As used in this chapter:
(27) The term “solid waste” means any garbage, refuse, sludge from a waste treatment plant,
water supply treatment plant, or air pollution control facility and other discarded material,
including solid, liquid, semisolid, or contained gaseous material resulting from industrial,
commercial, mining, and agricultural operations, and from community activities, but does not
include solid or dissolved material in domestic sewage, or solid or dissolved materials in
irrigation return flows or industrial discharges which are point sources subject to permits
under section 1342 of title 33, or source, special nuclear, or byproduct material as defined by
the Atomic Energy Act of 1954, as amended (68 Stat. 923) [42 U.S.C. 2011 et seq.].

2016-05-20
12
2
42 USC 6903 Definitions
As used in this chapter:
(27) The term “solid waste” means garbage, refuse, sludge, and other discarded material.
40 CFR 261.2 Definition of solid waste.
(a)(1) A solid waste is any discarded material that is not excluded under §261.4(a) or that is not excluded by a variance
granted under §§260.30 and 260.31 or that is not excluded by a non-waste determination under §§260.30 and 260.34.
(2)(i) A discarded material is any material which is:
(A) Abandoned, as explained in paragraph (b) of this section; or
(B) Recycled, as explained in paragraph (c) of this section; or
(C) Considered inherently waste-like, as explained in paragraph (d) of this section; or
(D) A military munition identified as a solid waste in §266.202.
(ii) [Reserved]
(b) Materials are solid waste if they are abandoned by being:
(1) Disposed of; or
(2) Burned or incinerated; or
(3) Accumulated, stored, or treated (but not recycled) before or in lieu of being abandoned by being disposed of, burned or
incinerated; or
(4) Sham recycled, as explained in paragraph (g) of this section.
(c) Materials are solid wastes if they are recycled—or accumulated, stored, or treated before recycling—as specified in
paragraphs (c)(1) through (4) of this section.
(1) Used in a manner constituting disposal. (i) Materials noted with a “*” in Column 1 of Table 1 are solid wastes when
they are:
(A) Applied to or placed on the land in a manner that constitutes disposal; or
(B) Used to produce products that are applied to or placed on the land or are otherwise contained in products that are
applied to or placed on the land (in which cases the product itself remains a solid waste)...
2

2016-05-20
13
2
40 CFR 261.2 Definition of solid waste.
(a)(2)(i) A discarded material is any material which is abandoned, recycled, inherently waste-like, or a military munition.
(b) Materials are solid waste if they are abandoned by being:
(1) Disposed of; or
(2) Burned or incinerated; or
(3) Accumulated, stored, or treated before or in lieu of being abandoned; or
(4) Sham recycled.
2
Based on an image from www.epa.gov/hw/criteria-definition-solid-waste-and-solid-and-hazardous-waste-exclusions
The material is not subject to
RCRA Subtitle C regulation
Yes
Yes
Yes
No
No
No
Yes
No
1. Is the material a solid waste?
2. Is the waste excluded from the definition
of solid waste or hazardous waste?
3. Is the waste a listed or characteristic
hazardous waste?
4. Is the waste delisted?
The waste is subject to RCRA
Subtitle C regulation
The Hazardous Waste Identification Process
ignitable
corrosive
reactive
toxic
F-list
K-list
P-list
U-list

2016-05-20
14
Generators are classified according to
how much hazardous waste they generate
2
Conditionally exempt small quantity generator (CESQG)
≤100 kg of hazardous waste per month
or
≤1 kg of acute hazardous waste per month
Small quantity generator (SQG)
>100 kg but <1000 kg of hazardous waste per month
Large quantity generator (LQG)
≥1000 kg of hazardous waste per month
or
>1 kg of acute hazardous waste per month
CESQGs are exempt from general
hazardous waste regulations
2
Identify waste
Accumulate ≤1000 kg
Deliver to an authorized facility

2016-05-20
15
SQGs and LQGs must meet requirements in
40 CFR Part 262
2
Use a manifest
Accumulate ≤6000 kg
Prepare waste for transport
Manage waste in tanks or containers
Permit if accumulating >180 days
Notify EPA
Preparedness and prevention
Restrictions on land disposal
Emergency coordinator
Use a manifest
Biennial report
Prepare waste for transport
Manage waste in tanks, containers,
drip pads, or containment buildings
Permit if accumulating >90 days
Notify EPA
Preparedness and prevention
Restrictions on land disposal
Contingency plan
Emergency procedures
SQG LQG
Figuring out what requirements
apply to you is challenging
2
www.ecfr.gov

2016-05-20
16
Requirements for different generator types
overlap in the regulations
2
By Julian Burgess, CC BY 2.0, www.flickr.com/photos/aubergene/827874414
2
By Julian Burgess, CC BY 2.0, https://www.flickr.com/photos/aubergene/827874414
40 CFR 262.44 Special requirements for generators of between 100 and 1000 kg/mo.
A generator of greater than 100 kilograms but less than 1000 kilograms of hazardous
waste in a calendar month is subject only to the following requirements in this subpart:
(a) Section 262.40(a), (c), and (d), recordkeeping;
(b) Section 262.42(b), exception reporting; and
(c) Section 262.43, additional reporting.

2016-05-20
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2
By Julian Burgess, CC BY 2.0, https://www.flickr.com/photos/aubergene/827874414
Requirement
Conditionally Exempt
Small Quantity Generators
Small Quantity Generators Large Quantity Generators
Quantity Limits
The amount of hazardous waste generated per month determines how a
generator is categorized and what regulations must be complied with.
≤100 kg/month
≤1 kg/month of acute
hazardous waste
≤100 kg/month of acute
spill residue or soil
§§261.5(a) and (e)
>100 <1,000 kg/month
§262.34(d)
≥1,000 kg/month
>1 kg/month of acute hazardous waste
>100 kg/month of acute spill residue or soil
§262.34(a)
On-Site Accumulation Quantity
Determine amount of hazardous waste generators are allowed to
"accumulate" on site without a permit.
≤1,000 kg
≤1 kg acute
≤100 kg of acute spill
residue or soil
§§261.5(f)(2) and (g)(2)
≤6,000 kg
§262.34(d)(1)
No limit
Accumulation Time Limits
Determine amount of time hazardous waste is allowed to accumulate on
site.
None
≤180 days or
≤270 days (if transporting greater
than 200 miles)
§§262.34(d)(2) and (3)
≤90 days
§262.34(b)
Accumulation Requirements
Manage hazardous waste in compliance with certain technical standards.
None
Basic requirements with technical
standards for tanks or containers
§§262.34(d)(2) and (3)
Full compliance for management of tanks,
containers, drip pads, or containment buildings
§262.34(a)
Recordkeeping
Maintain records of manifests, biennial reports, exception reports and
waste testing
Not required
Required
§262.40(a), (c), and (d)
Required
§262.40
Closure
Close equipment, structures, soils and units by meeting specified
performance standards and disposal and decontamination requirements
Not required
Required - tanks only
§265.201(f)
Required
- General §§265.111(a) and 265.114 from
§262.34(a)(1)(iv)
- Unit specific Part 265, subparts I, J, W, and DD
www.epa.gov/hwgenerators/hazardous-waste-generator-regulatory-summary
Requirements are embedded in the regulations
using cross-referencing
2
40 CFR 262.34 Accumulation time.
(a) Except as provided in paragraphs (d), (e), and (f) of this section, a
generator may accumulate hazardous waste on-site for 90 days or less
without a permit or without having interim status, provided that:
(1) The waste is placed:
(i) In containers and the generator complies with the applicable
requirements of subparts I, AA, BB, and CC of 40 CFR part 265;

2016-05-20
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Some terms are not clearly defined
2
By Tony Webster, CC BY 2.0, commons.wikimedia.org/w/index.php?curid=39883913
Explanations are published in guidance documents,
instead of in the regulations
2
www.epa.gov/hwgenerators/

2016-05-20
19
The hazardous waste
generator rules are
being streamlined
and improved
3
2015
The rules are being reorganized and clarified
3
www.gpo.gov/fdsys/pkg/FR-2015-09-25/pdf/2015-23166.pdf

2016-05-20
20
The general hazardous waste definitions
are being revised and expanded
3
federalregister.gov/a/2015-23166
...
CESQG and accumulation requirements are being
moved to 40 CFR 262.13 to 262.17
3
www.epa.gov/sites/production/files/2015-10/documents/generator_improvements_rule_presentation_web.pdf

2016-05-20
21
There will be more guidance for hazardous waste
determination and generator categories
3
www.regulations.gov/#!documentDetail;D=EPA-HQ-RCRA-2012-0121-0001
3
By Mitya Ilyinov, CC BY 2.0, commons.wikimedia.org/w/index.php?curid=8812783
Hazardous waste generators will have
more options for managing their waste

2016-05-20
22
CESQGs will be able to consolidate wastes at LQG
under control of same person
3
By Horia Varlan, CC BY 2.0, www.flickr.com/photos/horiavarlan/4266655755/in/photostream/
Generators can manage waste from an episodic
event without affecting their category
3

2016-05-20
23
Generators can apply for a waiver
to the 50-foot requirement
3
By Za, CC BY-SA 3.0, commons.wikimedia.org/w/index.php?curid=356191
Gaps and ambiguities will be resolved
3
By Alexander Henning Drachmann, CC BY-SA 2.0, www.flickr.com/photos/drachmann/327122302/

2016-05-20
24
Requirements for emergency preparedness
and planning will change
3
By cbs_fan on Flickr, CC BY-SA 2.0,
Generators will need to document when a solid
waste is found not to be hazardous waste
3
www.pexels.com/photo/

2016-05-20
25
SQGs and LQGs must re-notify every two years
3
www.pexels.com/photo/
The biennial report requirements are being clarified
3
www.epa.gov/hwgenerators/

2016-05-20
26
Requirements for satellite accumulation
areas are changing
3
By Trevor MacInnis, CC BY-SA 2.5, commons.wikimedia.org/w/index.php?curid=358103
Closure rules for LQGs are being strengthened
3
By Kqueirolomce, CC BY-SA 3.0, commons.wikimedia.org/w/index.php?curid=33888139
30 days before 90 days after

2016-05-20
27
3
By Megan Allen from United Kingdom - Atomium, CC BY 2.0,
This is a multi-year process
For more information
www.nimonik.com
1-888-608-7511
info@nimonik.com

Three Ways the New US Hazardous Waste Generator Rules Could Affect Your Operations

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Three Ways the New US Hazardous Waste Generator Rules Could Affect Your Operations