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

2. 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

3. 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

4. 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

5. How does the state get there?
California does define a SQG in T22, CCR, §
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 (a) but only applies to CESQGs and HHW

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

7. You’ve won a fully paid trip… to 40 CFR!
In California, T22, CCR, § (d) says: “notwithstanding subparts (a) through (c) of this § and § , 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 of Title 40 of the Code of Federal Regulations.”
Very similar language can be found in HSC (h)(1)

8. 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, , article 3 and article 4 (Chapter 15), (a)(5)
Conditions that apply
Never exceed 6000 kg of HW onsite
Meet requirements of 40CFR (d-f)
Does not hold >1 kg acutely HW for >90 days

9. Never more than 6000 kg HW onsite
40 CFR § (d),(e),(f)
T22, CCR, § (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

10. Section (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

11. Section (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)

12. 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, § (d)(1)
(2) Complies with subpart I of part 265, except §§ and
(3) Complies with the requirements of § of subpart J of part 265

13. More of section (d)
(4a) Mark containers according to (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

14. 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

15. Container management standards
40 CFR § (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

16. Closer look at 262.34(d) Subpart I (Container Management)
Very similar to
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

17. Closer look at 262.34(d) Subpart J (Tank Management)
Very different from
40 CFR § 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

18. 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

19. 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

20. 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*

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

22. 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

23. CESQGs to HHWs [HSC § 25218]
Recognize that for purposes of this combo, CESQG is defined, using 40 CFR 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

24. 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

26. 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.

27. 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 )

28. 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

29. 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

30. Silver Only Facilities
HSC § 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?

31. 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

32. Resources Your CUPA Liaison Mickey Pierce
(search for CUPA liaison)
Mickey Pierce
(510) or
Hazardous Waste Generator Inspection Report
At back of room