1. Air & Waste Management Association
RCRA Final Hazardous Waste Generator Improvements and Final Recycling Rules
Air & Waste Management Association
(Southwest Ohio)
May 2, 2017
Nathan C. Hunt
Thompson Hine LLP

2. Hazardous Waste Generator Improvements Rule
Final Rule published in Federal Register on Nov. 28, 2016 (81 Fed. Reg )
Effective Date: May 30, 2017
Some Major Changes:
Generator Categories
Episodic Events
Waste Consolidation
Labelling

3. Generator Categories
Hazardous waste generators are divided into three categories:
Very Small Quantity Generator (“VSQG”) (replacing the prior Conditionally Exempt Small Quantity Generator (< 100 kg))
Small Quantity Generator (“SQG”) (> 100 kg < 1000 kg)
Large Quantity Generator (“LQG”) (> 1000 kg)

4. Generator Categories
VSQG and SQGs can maintain generator category if either planned or unplanned episodic event occurs that would otherwise bump Generator to more highly regulated category
VSQG may consolidate its hazardous waste into LQG facility with a common owner and operator
SQGs and LQGs have more rigorous container marking/labeling
SQGs and LQGs have more rigorous preparedness, prevention, planning, and emergency procedures for
Enhanced waste determination process

5. Planned or Unplanned Episodic Event

6. “Episodic” Generators
Old Rule
New Rule
Status of an CESQG, SQG, or LQG may vary month-to-month, depending on amount of hazardous waste generated in any month
Even if increase from an “episodic” event:
planned facility cleanout
spill and cleanup
Allows VSQGs and SQGs to maintain its usual status for a month in which episodic event occurs

7. Conditions for Maintaining Generator Status
VSQG or SQG limited to one episodic event per calendar year
May petition USEPA for a second episodic event but it cannot be the same type as the first episodic event
if the first episodic event is planned, the second petitioned event must be unplanned or
if the first event is unplanned, the second petitioned event must be planned
Must notify USEPA 30 days before planned episodic event using Form
Must notify USEPA by phone, , or fax within 72 hours of an unplanned episodic event (followed up with Form )

8. Conditions for Maintaining Generator Status
Notifications must include:
Start and end date
Reason(s) for event
Types and quantities of wastes generated
Facility contact and emergency coordinator
VSQG or SQG must have or obtain USEPA I.D. number

9. Conditions for Maintaining Generator Status
Episodic event waste must be in a container/tank marked with:
“Episodic Hazardous Waste”
Words identifying the contents that indicate the relevant hazards
Date on which episodic event started
VSQGs or SQGs must maintain records for 3 years from the end date of the episodic event
start and end dates
reason(s)/description of episodic event
types and quantity of wastes
how wastes were managed & facility that received the wastes
name of transporter
VSQG must manifest wastes to facility authorized to manage the wastes within 60 days of start of the episodic event
VSQG cannot treat waste on site except for in on-site elementary neutralization units
SQGs may treat the wastes on-site or manifest and ship waste off site within 60 days of start of the episodic event

10. Consolidating VSQG wastes into LQG

11. Consolidation of VSQG Wastes at LQG Sites
Old Rule
New Rule
VSQGs may send wastes either to an authorized facility or to an LQG under the control of the same person
CESQGs must “ensure delivery” of their waste to an authorized facility

12. Consolidation of VSQG Wastes at LQG Sites
VSQG sending waste to an LQG must mark containers:
“Hazardous Waste”
with an indication of the hazards of the contents
The LQG receiving waste:
Must notify USEPA 30 days before receiving VSQG’s first shipment
Submit Form
Must identify names, addresses, and contact information of VSGQs
Maintain records of shipments received for 3 years
Wastes must be specifically identified on biennial reporting forms

13. Rigorous SQG and LQG Labeling

14. Expanded Labeling/Marking of Containers
Old Rule
New Rule
SQGs and LQGs must label waste containers either:
“Hazardous Waste” or
Words identifying the contents of the containers
Now, SQGs and LQGs must label containers with:
“Hazardous Waste”
and
An indication of the hazards of the contents of the container