1. Hazardous Waste Generator Improvement Rule
AET Environmental, Inc.
March/April 2017

2. Hazardous Waste Generator Improvements
Purpose of the Rule:
Making the rules easier to understand and providing generators with greater flexibility in how hazardous waste is managed
Enhance the safety of facilities that generate hazardous waste and the response capabilities of ER responders by improving risk communication
To incorporate feedback from the regulated community, states and stakeholders to improve the hazardous waste generator program

3. Background
Congress passes Resource Conservation and Recovery Act (RCRA) in 1976
EPA promulgates the regulations in 1980
Congress passes Hazardous and Solid Waste Amendment (HSWA) in 1984 (Land bans)
HWGIR represents the first real changes to the basic waste regulations in 36 years
Designed to incorporate years of experience in implementing the program to simplify, clarify ambiguities and inconsistencies in the regulations with input from states and stakeholders

4. Revisions
There are more than 60 changes to the hazardous waste generator regulations that clarify existing requirements, increase flexibility and improve environmental protection
Some minor, technical in nature
Others more significant
Effective Date: May 30, 2017 (Alaska & Iowa)
Effective in Colorado: ??? (Likely Spring 2018)

5. Reorganized Rule Structure (Where do I find it?)
Provision
Original Citation in 40 CFR
New Generator Citation in 40 CFR
Definition of Generator Categories
§260.10, 261.5, &262.34
§260.10
Hazardous Waste Determination and Recordkeeping
§ and (c)
§262.11
Generator Category Determination
§261.5 (c) - (e)
§262.13
VSQG Provisions
§261.5 (a), (b), (f) – (j), and
§262.14
Satellite Accumulation Area Provisions
§ (c), 265, 171, 265, 172, and (a)
§262.15
SQG Provisions
§ (d) – (f) and 268
§262.16
LQG Provisions
§ (a), (b), (g)-(i), (m), and 268
§262.17
EPA Identification Numbers
§262.12
§262.18
Landfill Ban for Liquids
§258.28
§262.35

6. New Definitions / Clarifications
Acute Hazardous Waste Listing (H) in and (U and P-Codes)
Central Accumulation Area-on site storage for LQG/SQG (formerly 90-day or 180-day area)
Non-Acute Hazardous Waste
Very Small Quantity Generator (replaces CESQG)

7. Independent Requirements vs. Condition for Exemptions
-- A standard that must be met, that applies regardless of a conditional exemption (All generator categories)
Condition for Exemption
-- A requirement(s) that must be met in order to get the conditional exemption from more burdensome requirements (periodic inspections of the waste area, RCRA training requirements, accumulation time limits, etc.)
If “condition” is not met, EPA may penalize the generator for failure to meet the condition and may apply ALL requirements for non-exempt facilities (Part B permit)

8. Summary of Changes VSQG waste consolidation
Hazardous Waste Determinations
Episodic Generation
Labeling & Marking of Containers
Reporting – Biennial & Re-notification (SQG)
Satellite Accumulations Areas (SAA)
Preparedness and Planning

9. VSQG Waste Consolidation
VSQGs may send their waste to LQGs under the control of the same person for consolidation and management provided certain conditions are meet by VSQG and LQG.
“Control” means: power to direct the policies of the generator, whether by stock ownership, voting rights or otherwise. (does not include contractors)
In some cases organizations, government and academia may have SAAs that qualify as VSQGs and could take advantage of this provision to send waste to an LQG within their company or campus.

10. VSQG Waste Consolidation (cont.)
LQGs must meet the following conditions:
Make a 30 day notification prior to receiving first shipment
Must include VSQG name, address contact phone
Update notice within 30 days of any changes
Retains shipment records for 3 years from receipt date
Manage under 90-day rules
Label with date received in addition to 90-day markings

11. Hazardous Waste Determinations
A person who generates a solid waste must determine if hazardous waste
Hazardous Waste Identification Listings
At point of generation
Before diluting, mixing alteration
At any time it changes its properties as a
result of exposure to the environment or
other factors
Must determine if listed and/or
characteristic
- Determine all applicable waste codes
Knowledge of the waste
Waste origin
Composition
The process
Feedstock
Any other reliable or relevant information
Process knowledge
Product, by-product intermediate information
Chemical physical properties
Testing
Other reliable or relevant information
Generators must test when knowledge is inadequate Representative sample

12. Hazardous Waste Determinations (cont.)
Record Keeping Requirements
3 year record retention of waste determinations from date last shipped to off-site TSDF
Documentation of generator knowledge
Records must include (as applicable)
Test results/waste analysis
Test/analytical methods
Records review

13. Episodic Generation
Change in generator status due to a planned or unplanned event
Keep current generator status provided certain conditions are met
Episodic waste not counted towards status
One (1) episodic event per year (may petition for a second)
Event notification to EPA
> 30 days before a planned event (ie: plant maintenance)
< 72 hours after unplanned event

14. Episodic Generation (cont.)
Must obtain EPA ID number (if you don’t have one)
Notification Must Include:
Event detail
Reason
Start/End Date
Emergency Coordinator and Facility Contact
24-hour phone access
Able to discuss notification or respond to emergency

15. Labeling and Marking
Revised labeling and marking requirements (applies to both containers and tanks)-must clearly indicate hazardous of the hazardous waste contained inside
Applies to LQGs and SGQs
Markings must include:
The words “Hazardous Waste” and Accumulation Start Date
Indication of the hazards including:
EPA Waste Codes (incineration of Lab Packs exempt-except D004-D011)
HazCom consistent with DOT (shipper info, PSN, UN/NA number, etc.)
Statement or pictogram consistent with OSHA-HazCom program
National Fire Protection Association (NFPA) chemical hazard label

16. Reporting
Biennial Reporting- revision in the current regulations for completing the biennial report to be consistent with the instructions distributed with the form
SQGs must re-notify status every four (4) years
Effective 2021
By September 1st
LQGs Closure-if closing a unit or the facility must perform one of the following notifications:
Place a notice in operating record within 30 days after closure
Meet all closer performance standards (document file)

17. Satellite Accumulation Areas (SAA)
SQGs/LQGs accumulating hazardous waste in SAAs now have special requirements for incompatible materials
Do not place in same container
Do not place in unwashed containers
Separate or protected by any “practical means”
Exceptions to “closed” container rule:
Adding
Removing
Consolidating
Temporarily Venting
Properly operate equipment
Prevent dangerous situation

18. Satellite Accumulation Areas (SAA) (cont)
Containers (55-gallon max) must be in good condition or transferred to a good container or Central Accumulation area
Acute Hazardous Waste Limits
1 quart (liquids)
1 Kg (solids) –(first application of a weight limit)
Clarification of Three Day limit to transfer waste; means “three consecutive days” (note: only 24 hours in Colorado)

19. Satellite Accumulation Areas (SAA) (cont)
Language Modification for Exceeding Limits-must remove excess waste to Central Accumulation Area or ship to off-site TSDF
Preparedness and Prevention in SAAs
SQGs must meet requirements of (b)(8)
LQGs must meet emergency procedures in subpart M of the regulations

20. Preparedness and Planning
Updating emergency response and contingency planning provisions for SQGs and LQGs to include Local Emergency Planning Committees (LEPC) among those emergency planning organizations with which a generator may make response arrangements. (can’t just send certified mail; they have to receive it)
Facilities with 24-hour response capabilities may seek a waiver form local authorities with jurisdiction over fire code from making arrangements with local fire dept.

21. Preparedness and Planning (cont.)
SQGs now must post required information by the phone of in “areas directly involved in the generation or accumulation”
SQG/LQG must have required equipment:
“Most appropriate Locations”
Anywhere Hazardous Waste in generated or accumulated
Unless:
No hazards posed by any waste
Area does not lend itself for safety reasons for a particular kind of equipment

22. Preparedness and Planning (cont.)
LQGs must submit a Quick Reference Guide with new or updated contingency plans
Quick Reference Guide must include:
Hazardous Waste Type
Waste (generic) name
Hazards
Maximum amount on site at any time
Unique/special treatment
Facility map
Street map (locations of schools, businesses, water supply, etc)
Identification of on-site monitor/alarms (smoke detectors, CO2)
Emergency Coordinators
7 day/24 hour-emergency phone numbers

23. Other Changes
All generators may not dispose of hazardous waste in landfills
Generators may apply for a waiver for storage of Ignitables and Reactives greater than 50 ft from property boundary (written approval from local fire authority)
More on Ignitables and Reactives:
Precautions to prevent accidental ignition or reaction
Separate and protect from sources of ignition and radiant heat
Confine smoking to designated locations
Post “No Smoking” signs by ignitable and reactive waste

24. Questions?