Federal regulations of the U.S. Environmental Protection Agency (USEPA) mandate a small quantity generator of hazardous waste (SQG) take certain precautions to prepare for and prevent hazardous waste emergencies and to follow emergency procedures if one were to occur. These regulations are found within the SQG conditions of exemption at 40 CFR 262.16:
- 40 CFR 262.16(b)(8) Preparedness and prevention
- 40 CFR 262.16(b)(9) Emergency procedures
This article is the fifth in a series that closely examines these regulations and attempts to make them understandable.
The previous article in this series addressed 40 CFR 262.16(b)(8)(iv) Access to Communications or Alarm Systems
The purpose of this article is to address the requirements of 40 CFR 262.16(b)(8)(v) Required aisle space.
Before we begin…
These regulations were revised by the Generator Improvements Rule. If your state has not yet adopted the new rule you must continue to comply with the earlier version until it does. You may read an article explaining the earlier version of the regulations (prior to implementation of the Generator Improvements Rule) here.
After your state adopts the Generator Improvements Rule, it may choose to make its version of these regulations more stringent and more broad than these Federal regulations. The actions of your state will vary based on whether or not it has an authorized hazardous waste program. Be sure to check the regulations of your state to ensure compliance.
Scope and Applicability:
These regulations are applicable to a SQG. The requirements of a large quantity generator of hazardous waste (LQG) are almost exactly the same. If you are a LQG please refer to this article for your version of these regulations: Emergency Preparedness and Prevention for Large Quantity Generator: Required Aisle Space.
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As explained in an earlier article of this series, these regulations solely apply to those areas of a SQG where hazardous waste is:
- Generated, i.e., the point of generation.
- Accumulated, i.e., central accumulation area and satellite accumulation area.
- Areas where allowable treatment takes place
- Areas where hazardous wastes are stored prior to off site transportation.
40 CFR 262.16(b)(8)(v) reads:
(v) Required aisle space. The small quantity generator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes.
What changed?
Not much. The opening sentence was revised from, “The owner or operator…” in the original to, “The small quantity generator…” in this revision. This reflects the fact that the preparedness, prevention, and emergency procedure regulations of 40 CFR 262.16(b)(8) & (9) apply solely to a SQG.
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Let’s take a closer look at the wording, terms, and phrases used in §262.16(b)(8)(v):
“…must maintain aisle space…” The requirement is not just to have aisles at the SQG but to maintain aisle space. An obstruction placed in an aisle – e.g., a pallet – could be a violation if the aisle space is lessened. Notice however, that no amount of aisle space to maintain is specified. Is it two feet? Three? More?
“…to allow the unobstructed movement…” Here is the first indication of a measure – though subjective – of what will be deemed as adequate to meet the requirements of this regulation. The aisle space must allow for the unobstructed movement of the following in an emergency:
- Personnel (presumably the employees of the SQG but may also include emergency response personnel).
- Fire protection equipment
- Spill control equipment
- Decontamination equipment
The last three of the four bullet points above are three of the four elements of equipment an SQG is required to have to prepare for and prevent emergencies.
“…to any area of facility operation…” This is – by far – the most important text of this section and perhaps the most commonly overlooked. It is not sufficient to maintain aisle space solely within the central accumulation area (CAA), satellite accumulation area (SAA), or other area(s) of the SQG where hazardous waste is generated, accumulated, or treated. The requirement to maintain aisle space according to 40 CFR 262.16(b)(8)(v) applies to any area of facility operation where it may be necessary to respond in an emergency.
“…unless aisle space is not needed…” And, of course, there’s an allowance for the SQG to determine if aisle space is not needed in some or all areas of its facility, in which case aisle space need not be maintained.
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Q: So, just so I’m clear, I must maintain at least three feet (36 inches) of aisle space, correct?
A: No. The regulations of USEPA do not specify a minimum distance for what it requires for aisle space in 40 CFR 262.16(b)(8)(v). However, a state with an authorized hazardous waste program can make its regulations more stringent and more broad than those of USEPA. A state, may specify a minimum distance to demonstrate compliance with this section.
Q: Gotcha’. But as long as the drums of hazardous waste in my central accumulation area are far enough apart, I’m good, right?
A: No. The requirement to maintain aisle space applies to any area of facility operation where personnel or equipment may need access in an emergency.
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Is that it?
No. There are still the remainder of the emergency preparedness and prevention regulations for a SQG in §262.16(b)(8). Also, there are the SQG emergency procedures of §262.16(b)(9). And, right in the midst of the SQG emergency procedure regulations is where we will find the training requirements for a SQG at §262.16(b)(9)(iii).
The next article in this series: 40 CFR 262.16(b)(8)(vi) Arrangements with local authorities