SQGs and CESQGs California subtitle: Facilities that generate not more than 1000 kg/month and facilities that generate not more than 100 kg/month

Road map for today Definitions How it works in 40 CFR General application (reading regs) Satellite Accumulation Episodic Generation Relationship with Universal Waste Silver-only facilities Model checklist

Reminder Just a reminder: What we are going to talk about to day are an alternate set of rules for CESQGS and SQGs Any SQG or CESQG can choose to follow the “default” rules and still be within the allowances of the law

Definitions The terms Small Quantity Generator (SQG) and Conditionally Exempt Small Quantity Generator (CESQG) began as, and still are, federal terms SQG [40CFR260.10] Generator who generates less than 1000 kg of HW in a calendar month CESQG [40CFR261.5(a)] Generates no more than 100 kg of HW in that calendar month

How does the state get there? California does define a SQG in T22, CCR, § 66260.10 Generator who generates less than 1000 kg of HW in a calendar month No official California definition of a CESQG Regulations refer to “generators of less than 100 kg of HW per month” Clear definition in HSC 25218.1(a) but only applies to CESQGs and HHW

How it works under RCRA LQGs get “routine” 262.34 rules SQGs get “relaxed” 262.34 rules [40 CFR §262.34(d)(e)&(f)] CESQGs generally get exempted from most rules [40 CFR §261.5]

You’ve won a fully paid trip… to 40 CFR! In California, T22, CCR, § 66262.34(d) says: “notwithstanding subparts (a) through (c) of this § and §66262.35, a generator of less than 1000 kg of hazardous waste in any month who accumulates HW onsite for 180 days or less, or 270 days or less if ..offers the generator’s waste for transportation over a distance of 200 miles..” and “the generator complies with the requirements of subdivisions (d), (e) and (f) of section 262.34 of Title 40 of the Code of Federal Regulations.” Very similar language can be found in HSC 25123.3(h)(1)

But before we get there… Notwithstanding (a) and (c) The requirements of these sections DO NOT apply if conditions are met Article 9, 10, Subpart cc, 66265.16, article 3 and article 4 (Chapter 15), 66268.7(a)(5) Conditions that apply Never exceed 6000 kg of HW onsite Meet requirements of 40CFR 262.34(d-f) Does not hold >1 kg acutely HW for >90 days

Never more than 6000 kg HW onsite 40 CFR § 262.34(d),(e),(f) T22, CCR, § 66262.34(d) --”notwithstanding subsections (a) and (c)” Never more than 6000 kg HW onsite Don’t hold more than 1 kg of acutely HW or extremely HW for more than 90 days

Section 262.34(e) Allows for accumulation of waste for 270 days if transporting waste more than 200 miles Note: CFR limits this to SQGs, not allowing it for CESQGs California does not limit this because California’s 270 day rule is more restrictive than the federal CESQG rules in 261.5

Section 262.34(f) Allows for the granting of a 30-day extension for storage greater than 180/270 days If no extension granted, generator is subject to all “normal” generator standards (You can grant 30-day extensions for accumulation of non-RCRA wastes, DTSC must handle all RCRA waste requests)

Section 262.34(d) Section 262.34(d) (1) the quantity of waste accumulated onsite never exceeds 6000 kilograms Same as conditions as to be met in Title 22, CCR, §66262.34(d)(1) (2) Complies with subpart I of part 265, except §§ 265.176 and 265.178 (3) Complies with the requirements of §265.201 of subpart J of part 265

More of section 262.34(d) (4a) Mark containers according to 262.34(a)(2) and (3) (4b) Subpart C of part 265 Emergency equipment, maintenance of facility, communication/alarms, aisle space, arrangements with local agencies (4c) Section 268.7(a)(5) If managing or treating a prohibited waste, must have a waste analysis plan

More of section 262.34(d) (5) response to an emergency One person on premises or on call to coordinate emergency actions Post info near phone Name and phone # of coordinator Location of extinguishers and spill control material Fire Department phone number Ensure that employees are familiar with waste handling and emergency procedures Respond to emergencies

Container management standards 40 CFR § 262.34(d) Waste Analysis Plan for prohibited waste Mark containers with date, “HW” Container management standards Never exceed 6000 kg onsite Tank management standards Response to Emergency - 1 responsible person - Posted info near phone -Employee “awareness” of procedures (training) - Respond to emergencies Subpart C- -Emergency Equipment available -Maintenance of facility -Communications -Aisle space -Coordinate w/ locals

Closer look at 262.34(d) Subpart I (Container Management) Very similar to 66265.170-.178 Minor wording differences, non-substantive Container marking– no change from T22 (all other marking required by (f) which is not exempt “notwithstanding (a) and (c)) No formal written training plan or records Ensure that employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities

Closer look at 262.34(d) Subpart J (Tank Management) Very different from 66265.190-.202 40 CFR §265.201 has special requirements 2 feet freeboard on open-topped tanks Overflow control for continuous feed systems Daily inspection of overflow control, monitoring equipment data, level of waste in tank Weekly inspection of tank and surrounding area Special rules for ignitable and reactive wastes NO REQUIREMENT FOR SECONDARY CONTAINMENT

Closer look at 262.34(d) No written Contingency Plan Post information near phone Name and phone # of coordinator Location of extinguishers and spill control material Fire Department phone number One person responsible for emergency coordination/response Onsite or readily available by phone

Other CESQG requirements Obtain a EPA ID Number CAL number if federal CESQG Transportation recordkeeping Manifests if used Consolidate manifest receipts if used None if self transporting (but advisable to keep a written log or receipt for “proof” Waste Determination Same as any other generator: analysis or generator knowledge

Things SQGs/CESQGs are NOT subject to: Subpart CC air emissions standards for Volatile Organic wastes Biennial Reporting Unless generating more than 1 kg of acutely hazardous waste per month Written Contingency and Training Plans Tank and Containment assessments*

Transportation Subject to manifest rules Except silver from CESQGs (HSC § 25143.13 and 40 CFR § 261.5) CESQGs and SQGs can use consolidate manifesting for select wastes [HSC 25160.2] Language in 25160.2(b)(9) clearly states that all other manifesting requirements must be met unless exempted by this section

CESQGs to TSDFs CESQGs may “self-transport” waste to TSDF or other authorized facility without a manifest [ HSC § 25163(c)] Limits on amounts 5 gallons or 50 pounds per trip No limit on monthly amounts that can be delivered Limit Acutely Haz. Wastes to 2.2 lbs./trip

CESQGs to HHWs [HSC § 25218] Recognize that for purposes of this combo, CESQG is defined, using 40 CFR 261.5 definition HHWs have the “right of choice” to accept or not-accept waste from CESQGs Limits on amounts Max 100 kg (or 1 kg acutely) per month can be brought to HHW by CESQG Max 5 gallons or 50 pounds (2.2 lb AHW) may be transported at any one time by CESQG

CESQGs and SQGs to Used Oil Collection Centers [ HSC § 25250.11] Both SQGs and CESQGs can self-transport used oil to a used oil collection center without a manifest Limits on amounts With prior approval from receiver: Largest container capacity is 55 gallons Ship no more than 55 gallons per load Without prior approval from receiver: No more than 20 gallons total in containers of 5 gallons or smaller

Satellite Accumulation Can be used by CESQGs and SQGs Same rules apply How long can waste be held, once moved from the satellite area to the “90 day” area? Can accumulate waste, once moved up to 180 or 270 days, but never more than 1 year from first drop added at satellite area.

Episodic Generation What is it? Not an officially recognized term in CA When a generator’s “status” changes from one month to the next depending on the amount of waste generated. LQG standards would apply for “related” activities for the next month (according to RCRA Orientation manual, EPA530-R-98-004)

Episodic Generation Effects: If SQG moves to LQG, generally Training Plan, Contingency Plan must be developed If episodically generated waste is stored in tanks, tanks should have integrity assessment and secondary containment Biennial Reporting may be required if the episodic waste is RCRA regulated

UW and Generator Status The amount of UW generated by a business does NOT affect or count toward the generator status Can not make a CESQG a SQG The generator status used to affect UW handling As of 2/8/06 (yesterday!) Conditionally Exempt Small Quantity UW Generators could dispose some UW as Non-hazardous waste To be a CESQUWG, must be a CESQG when adding all HW and UW

Silver Only Facilities HSC § 25143.13 says that wastes that are hazardous solely due to silver are to be regulated only as if they are regulated under the federal rule If this is the only waste stream then what?

Silver Only Facilities If only waste stream is a silver-only, and assuming the facility is a CESQG Subject to 40 CFR § 261.5 Make a waste determination Send the silver for reclamation or disposal as HW Document this transfer by manifest or receipt or contract with refiner

Resources Your CUPA Liaison Mickey Pierce www.dtsc.ca.gov (search for CUPA liaison) Mickey Pierce (510) 540-3851 or mpierce@dtsc.ca.gov Hazardous Waste Generator Inspection Report At back of room