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Determining Hazardous Waste Generator Status Based on Acute Hazardous Waste

Determining Hazardous Waste Generator Status Based on Acute Hazardous Waste

In an earlier article I reviewed the words and terms used in the hazardous waste regulations for determining hazardous waste generator status.

The regulations for determining your hazardous waste generator status based on the generation and/or accumulation of Acute Hazardous Waste are found at 40 CFR 261.5(e) & (f).

§261.5(e) indicates that the generation of Acute Hazardous Waste above certain threshold amounts subjects that Acute Hazardous Waste – and only that Acute Hazardous Waste, not any other hazardous waste generated and/or accumulated at the facility – to “full regulation”.  “Full regulation” means the regulations applicable to a large quantity generator of hazardous waste.

The threshold amounts for Acute Hazardous Waste generated in a calendar month are:

  • A total of one kilogram of Acute Hazardous Wastes listed in either:
    • §261.31:  F020, F021, F022, F023, F026, & F027, or;
    • §261.33(e):   All P-listed hazardous waste.

and/or

  • A total of 100 kilograms of any residue or contaminated soil, waste, or other debris resulting from the clean-up of a spill, into or on any land or water, of any Acute Hazardous Waste listed in either:
    • §261.31:  F020, F021, F022, F023, F026, & F027, or;
    • §261.33(e):   All P-listed hazardous waste.

§261.5(f) sets a limit on the amount of Acute Hazardous Waste a generator may accumulate without becoming subject to “full regulation”.  This threshold amount for accumulation is the same as that for generation in §261.5(e):

  •  A total of one kilogram of Acute Hazardous Wastes listed in either:
    • §261.31:  F020, F021, F022, F023, F026, & F027, or;
    • §261.33(e):   All P-listed hazardous waste.

and/or

  • A total of 100 kilograms of any residue or contaminated soil, waste, or other debris resulting from the clean-up of a spill, into or on any land or water, of any Acute Hazardous Waste listed in either:
    • §261.31:  F020, F021, F022, F023, F026, & F027, or;
    • §261.33(e):   All P-listed hazardous waste.

Reinforcement for two points made earlier:

The threshold determination for Acute Hazardous Waste – whether based on generation [see paragraph (e)] or accumulation [see paragraph (f)] – is made separately from that of any other hazardous waste generated/accumulated onsite.  If the threshold is exceeded for Acute Hazardous Waste it – ‘it’ being the Acute Hazardous Waste – must be managed subject to “full regulation” but the generator may make a separate determination for any hazardous waste it generates.

The term “Full regulation” is used in both paragraphs (e) & (f).  It is explained in “Note to paragraph (e):  means those regulations applicable to generators of 1,000 kg or greater of hazardous waste in a calendar month”.  In other words:  “Full regulation” = Large Quantity Generator of hazardous waste.  This means that either generation or accumulation of Acute Hazardous Waste above the thresholds subjects all of the Acute Hazardous Waste to the management requirements of a large quantity generator of hazardous waste.

And one final note:

§261.5(f)(2) reads, “The time period of §262.34(a) of this chapter, for accumulation of wastes on-site, begins when the accumulated wastes exceed the applicable exclusion limit.”  Despite its presence in paragraph (f) which applies to the accumulation of Acute Hazardous Waste above the threshold amount the 90-day time limit of an LQG will apply to Acute Hazardous Waste generated above the threshold amount as described in paragraph (e) as well.

So, as an example:  If a facility generates and/or accumulates an Acute Hazardous Waste above the threshold amount while it also generates a non-acute hazardous waste below the threshold amount for an LQG (ie. <1,000 kg of non-acute hazardous waste per calendar month), it may then manage the Acute Hazardous Waste according to the regulations of an LQG while managing the non-acute hazardous waste per the requirements of an SQG.

Please contact me if you have any questions about the management of Acute Hazardous Waste or any hazardous waste.