The regulations of 40 CFR 265 apply primarily to hazardous waste Treatment Storage and Disposal Facilities (TSDF’s) with interim status (interim status means the facility operates prior to issuance of a RCRA Subtitle C operating permit).  However, different aspects of these regulations may apply to the operations of hazardous waste generators as well.

This series of articles will address each section of §265, Subpart D in detail, taken as a whole, it will provide guidance on what a large quantity generator (LQG) must do to comply with Subpart D of 40 CFR 265.

Hold on a minute!  These regulations were revised and moved to a new location within Title 40 of the CFR by the Generator Improvements Rule.  If your state has not yet adopted the Generator Improvements Rule, then this article is still applicable to you (but it won’t be for much longer).  If your state has adopted and been authorized to enforce the Generator Improvements Rule, then these regulations no longer apply to you.  Read: What is the status of the Generator Improvements Rule in my state?

To see an explanation of these regulations as revised by the Generator Improvements Rule you must refer to the following:

• Large quantity generator of hazardous waste (LQG)

If you are interested in comparing the text of the regulations prior to and after the Generator Improvements Rule, you can view a “crosswalk” of the old to new regulations:  Comparison of New and Old Requirements in Generator Improvements Rule:  Preparedness, Prevention, and Emergency Procedures for Large Quantity Generators

To see an explanation of the regulations prior to the revisions of the Generator Improvements Rule, please continue reading this article.

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On its website the US Government Printing Office makes a wealth of Federal publications available for review and download; one of these is the Federal Register.

Published by the Office of the Federal Register, National Archives and Records Administration (NARA), the Federal Register is the official daily publication for rules, proposed rules, and notices of Federal agencies and organizations, as well as executive orders and other presidential documents.

See below for a brief summary of announcements in the Federal Register by the US EPA on the subject of Hazardous Waste and the Pipeline & Hazardous Materials Safety Administration (PHMSA) of the US DOT on the subject of Transportation of Hazardous Materials.

The Federal Register is a great way to look down the road and see potential changes to the regulations long before they are put into effect (sometimes The Rulemaking Process takes years before a final rule is issued, if ever).  Knowledge of these potential changes provides you with several advantages:

• Additional time to modify your business operations to comply.
• Awareness of on what topics the regulatory agencies intend to focus their efforts.
• The ability to register your concerns, complaints, suggestions, etc. in order to modify the proposed rule before a final rule is issued.  It can be done, really!
• Make changes to your training program to account for changes that become effective before the next training cycle.
• Alert you to the need to re-train your employees prior to their next scheduled training cycle, if necessary.
• Keep you abreast of changes to the regulations that affect your business and/or your industry group.

Please note that this is my best effort to identify the relevant announcements in the Federal Register that may be of interest to generators of hazardous waste and shippers of hazardous materials.  I encourage you to review the list of Federal Register publications yourself to ensure regulatory compliance.

August 1 through August 31, 2013

PHMSA – Hazardous Materials Regulations (HMR):

Rules and Regulations:

None

Proposed Rules:

None

Notices:

Lac-Mégantic Railroad Accident Discussion and DOT Safety Recommendations Pages 48224 – 48229 [FR DOC # 2013-19211] PDF | Text | More

USEPA – Resource Conservation and Recovery Act (RCRA):

Rules and Regulations:

None

Proposed Rules:

None

Notices:

Hazardous and Solid Waste Management System: Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals From Electric Utilities Pages 46940 – 46947 [FR DOC # 2013-18706] PDF | Text | More

Information can be helpful but it’s useless if you are not able to make sense of it, determine how any changes to the rules and regulations (final or proposed) will affect your operations, and communicate the necessary information to your personnel.  I can help you do that.  Please contact me for a free consultation to determine your regulatory requirements and how training can help you to attain and maintain compliance.

The regulations of the Resource Conservation and Recovery Act (RCRA) require all generators of hazardous waste to conduct a hazardous waste determination for all waste generated, the purpose of which is to answer the following questions:

1. Is the material to be discarded?
2. If yes, is it excluded from regulation as a solid waste?
3. If no, it remains a solid waste; is it a listed or characteristic hazardous waste?
4. If yes, is it excluded from regulation as a hazardous waste?
5. If no, it remains a hazardous waste unless other exclusions exist, eg. universal waste, used oil, recyclable materials, etc.

The purpose of this article is to focus on a specific exclusion in Step 2 of the process:  The exclusion from regulation as a solid waste for by-products that are recycled by reclamation. (more…)

A Small Quantity Generator of hazardous waste (SQG) that treats or stores (i.e. accumulates) hazardous waste in a tank as defined in 40 CFR 260.10 – and explained in detail in an earlier article (What is a Hazardous Waste Tank?) – must comply with 40 CFR 262.16(b)(3) Accumulation of hazardous waste in tanks. (more…)

Pursuant to 40 CFR 262.34, a large or small quantity generator of hazardous waste (LQG or SQG, respectively) may treat or store (ie. accumulate) hazardous waste on-site without a permit in any of four hazardous waste management units:

• Containers
• Tanks
• Drip Pads
• Containment Buildings

The purpose of this article is to identify and explain what the RCRA regulations refer to as a tank for the accumulation of hazardous waste at an LQG or SQG. (more…)