In an earlier article I summarized the responsibilities of a hazardous waste generator for the completion and distribution of the Uniform Hazardous Waste Manifest (Manifest). Read: Use and Distribution of the Uniform Hazardous Waste Manifest. That article dealt only with the Federal regulations of the U.S. Environmental Protection Agency (EPA). In this article – and those that follow – I will detail the requirements of individual states regarding the distribution of the Manifest. Since the regulations of a state with an authorized hazardous waste program must be at least as strict as those of the EPA and can be more strict (state regulations can’t be less strict than Federal regulations), state regulations may require more than those of the EPA.
In this article: California!
State regulatory agency:
California Department of Toxic Substance Control (DTSC) within the California Environmental Protection Agency (Cal EPA).
Manifest copy distribution in California:
Note:
Two types of hazardous waste are regulated by DTSC in California:
RCRA hazardous waste is the same as that regulated by USEPA.
Non-RCRA hazardous waste is regulated solely by DTSC and only within California.
Page 1 (top copy): “Designated facility to destination State (if required)”.
A designated facility within California must submit this copy to DTSC within 30 days of receipt if it is a RCRA hazardous waste or a non-RCRA hazardous waste.
A designated facility outside of California must submit this copy to its state environmental agency only if it is a RCRA hazardous waste and if required by its (the designated facility’s) state.
Page 2: “Designated facility to generator State (if required)”.
A designated facility within California is not required to submit this copy to DTSC since it will have submitted page 1.
A designated facility outside of California must submit this copy to DTSC within 30 days of receipt if it is a RCRA hazardous waste or a non-RCRA hazardous waste.
Page 3: “Designated facility to generator”.
Page 4: “Designated Facility’s copy”.
Page 5: “Transporter’s copy”.
Page 6 (bottom copy): “Generator’s initial copy”
State requirements to modify the EPA-required manifest copy distribution outlined above:
None
Additional state requirements for the management of the uniform hazardous waste manifest:
Use of the Manifest is required for shipments of both RCRA hazardous waste and non-RCRA hazardous waste.
Use of the Manifest is required for all generators of hazardous waste in California: those that generate more than 1,000 kg (2,200 lb) per month and those that generate up to, but no more than, 1,000 kg (2,200 lb) per month. However, use of the Manifest is not required for a generator of up to, but no more than, 100 kg (220 lb) per month of hazardous waste whose waste is hazardous due solely to the presence of the toxicity characteristic for silver (D001).
The generator must always send a readable and legible copy of the Manifest to DTSC within 30 days of signing if the waste is:
Generated in California;
Handled by a permitted facility in California; or is,
Imported or exported from California.
Generators must mail a readable and legible copy of the Manifest, as required above, to:
DTSC Generator Manifests / Department of Toxic Substances Control / P.O. Box 400 / Sacramento, CA 95812-0400
Since the Manifest does not include a page for the generator to submit to DTSC the generator must make a copy of the Manifest for this purpose. While it is easiest to make a copy of page 6 (signed by both the generator and the transporter and left with the generator), it may not make a legible copy. It is recommended that the generator make a copy of page 1 of the Manifest before it leaves with the transporter and submit this to DTSC.
TSDF sends copy to DTSC with 30 days of the receipt date to:
A Manifest Correction Letter must be sent to DTSC whenever hazardous waste manifests are submitted containing incorrect or incomplete information. Per California Health and Safety Code, Section 25160.5, DTSC is authorized to charge a $20 manifest correction fee when DTSC discovers the errors and requests a manifest correction letter. DTSC does not charge the fee if the company submits the manifest correction letter before being notified by DTSC of the error. To submit a letter, please provided the manifest corrections on company letterhead, and include the following information:
The Manifest Tracking Number which includes a unique three-letter suffix preceded by nine numerals which is pre-printed in Item 4 of the manifest.
The date the generator signed the manifest.
Generator EPA ID number used on the original manifest, even if it was incorrect.
The incorrect or incomplete item number from the manifest.
The corrected information.
Signature, title, mailing address, and phone number of person submitting the correction.
Send Manifest Correction Letters to:
DTSC / Generator Information Services Section / Attention: Manifest Corrections / P.O. Box 806 / Sacramento, CA 95812-0806
DTSC follows the Federal rule for theException Report. Send Exception Reports to:
DTSC Report Repository / Generator Information Services Section / P.O. Box 806 / Sacramento, CA 95812-0806
In an earlier article I explained all of the new marking and labeling requirements for all stages of hazardous waste management (central accumulation area, satellite accumulation area, preparation for off-site transportation, 10-day transfer site, and treatment, storage, and disposal facility or TSDF) for all hazardous waste accumulation units (container, tank ,drip pad, & containment building) at all hazardous waste handlers (generator, transporter, or TSDF) of the Generator Improvements Rule. Read it here if you’re interested: Marking and Labeling of Hazardous Waste Accumulation Units Under the Generator Improvements Rule.
For this article I decided to focus on just one very important requirement: the labeling and marking of a hazardous waste container by the generator to prepare for off-site transportation and its revision under the Generator Improvements Rule.
Before we begin…
These regulations apply solely to a large quantity generator (LQG) and small quantity generator (SQG) of hazardous waste. They do not apply to the (recently renamed) very small quantity generator (VSQG).
Not sure of your hazardous waste generator status?
Very little has changed under the Generator Improvements Rule for the marking of a container of hazardous waste at an SQG or LQG prepared for off-site transportation. The regulations are found at 40 CFR 262.32(b-d). Prior to the Generator Improvements Rule it required solely the following:
“Hazardous Waste”
“Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.”
Generator’s Name and Address ____.
Generator’s EPA Identification Number ____.
Manifest Tracking Number ____.
As of the effective date of the Generator Improvements Rule a container of hazardous waste prepared for off-site transportation must now include the following in addition to the above:
EPA Hazardous Waste Number(s) ____.
Note:
Lab packs that will be incinerated in compliance with §268.42(c) are not required to be marked with EPA Hazardous Waste Number(s), except D004, D005, D006, D007, D008, D010, and D011, where applicable.
A generator may use a nationally recognized electronic system, such as bar coding, to identify the EPA Hazardous Waste Number(s).
This requirement applies solely to containers with a capacity of 119 gallons or less (i.e. what USDOT refers to as a non-bulk packaging).
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
The “hybrid” or mixed paper / electronic manifest is a specific manifest approach that EPA adopted to assist generators who are not able to fully participate in electronic manifesting at the time of system launch (June 30, 2018). The hybrid manifest allows transporters to initiate an electronic manifest in e-Manifest and use this manifest with their non-participating generator customers. The initial transporter may print a copy of the electronic manifest for the generator, and the generator may sign the paper copy, obtain the initial transporter’s ink signature on this paper copy, and then retain this paper copy on-site as the generator’s initial manifest copy as is done under traditional manifest requirements. Thereafter, the initial transporter and subsequent waste handlers will complete the remainder of the tracking of the shipment electronically in e-Manifest with electronic signatures and electronic transmissions to the system. Hybrid manifests are charged the same fee as a fully electronic manifest.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
Acute aquatic toxicity is one of eight subsections of the characteristic of toxicity identified by the California Department of Toxic Substances and Control (DTSC). If a discarded material displays the characteristic of acute aquatic toxicity – and no other Federal hazardous waste characteristic nor meets the definition of a Federal listed hazardous waste – it must be managed as a non-RCRA hazardous waste in the state of California only. According to Federal regulations of the U.S. Environmental Protection Agency – and that of every other state with an authorized hazardous waste program – it would be a non-hazardous waste.
Below is the text from the FAQ page of the California Department of Toxic Substances Control (DTSC):
I’ve heard that California’s fish bioassay test doesn’t apply to soaps, detergents or other wastes that contain ‘surfactants’.
There is no waiver or exclusion from the aquatic toxicity testing requirement, nor is there any rule or regulation that allows a generator to ignore a result obtained from performing the aquatic fish bioassay test. If you have aquatic toxicity test results from your waste detergent or soap that shows an acute aquatic 96-hour LC 50 less than 500 milligrams per liter then the waste is determined to be hazardous and should be managed according to all applicable hazardous waste requirements.
DTSC is aware that confusing and conflicting information has been reported about California’s aquatic toxicity test. Some claims have been made that running the aquatic toxicity test on soaps and detergents doesn’t truly measure “toxicity”, but simply results in suffocating or killing the test fish due to physiological effects not related to toxicity. DTSC does not agree with these claims, and continues to apply and abide by this mandated test procedure. The mechanisms of toxicity of many surfactants are not significantly different from those found with other surface-acting toxicants such as copper and acrylamide. The acute aquatic bioassay test does not distinguish fish mortality resulting from a toxic effect of one or more surfactants from those resulting from another ingredient in a product. Therefore, DTSC continues to apply and requires compliance with the aquatic toxicity test procedure as set forth in regulation.
And here’s a screen shot of the question on the DTSC website:
It should come as no surprise that the state regulations of California for the cradle-to-grave management of hazardous waste are more broad and more stringent than the Federal rule. The California regulations are so broad in their definition of hazardous waste that most materials discarded (including soaps and detergents) will be a non-RCRA hazardous waste unless the generator of the waste is able to prove otherwise. A non-RCRA hazardous waste is regulated as a hazardous waste only within California. (The other category of hazardous waste in California – RCRA hazardous waste – is either listed as a hazardous waste or displays a hazardous waste characteristic per the Federal regulations and so is a hazardous waste both within and without California.)
If your state has an authorized hazardous waste program – and most of them do – then the standard format RCRA training won’t do. You must have training that covers the Federal regulations and those of your state. For that you require my Onsite Training or my Webinar Training, both of which can be tailored to the Federal and state regulations that apply to the waste you generate at your facility.
While you’re at it throw in my HazMat Employee training required by the USDOT/PHMSA to ensure everyone has the training they need to safely manage hazardous waste from cradle-to-grave.
A private homeowner – a person in the eyes of the regulations – was issued a civil penalty of $7,395 for the disposal of household waste on their property.
Who:
The Oregon Department of Environmental Quality (OR DEQ, or just DEQ if you live in Oregon).
Contact: Katherine Benenati / Public Affairs Specialist / Eugene, OR / 541-686-7997 / benenati.katherine@deq.state.or.us
A person of Grants Pass. I won’t name the person in this article. I will refer to them as person. See the DEQ news release if interested.
What:
From on or about January 2017 through December 5, 2017, person disposed of approximately 80 cubic yards of household garbage and other debris at their property by open burning and burial. Upon discovery and subsequent investigation by DEQ the person was issued a civil penalty of $7,395 for violation of Oregon state regulations. DEQ also ordered that the person clean up the property within 30 days. Person didn’t appeal the penalty.
Burning household trash can pollute the air and threaten public health, especially for the young, elderly and those with respiratory conditions. Illegal dumps can pollute ground and surface water. Such dumps can also threaten human health by attracting insects and rodents.
How:
The act of discarding a material – such as by open burning or burial or other activities – causes it to be subject to federal and state regulations as a solid waste. This includes materials discarded from a household by a private citizen. Don’t be misled by the term “solid waste”, a solid waste may be in the form of a solid, semi-solid, liquid, or containerized gas (e.g. aerosol can).
Oregon, like most states, has an authorized hazardous waste program. This means that it may create and enforce its own state-specific regulations for the management of hazardous waste. Further, under subtitle D of RCRA, the cradle-to-grave management of non-hazardous waste is largely left to the states.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
I believe this incident is significant due to the severity of the penalty ($7,395!) and the fact that it was levied against a private homeowner and not a business or government agency. It’s clear to see that DEQ, like other state and federal agencies, takes its enforcement authority seriously. While the creation of new legislation and regulations may lessen from one federal administration to another, the enforcement of existing regulations – especially at the state level – can proceed and even increase.
I think any business in Oregon that generates a waste should read this incident as it may have been intended: A warning from DEQ that existing regulations will be strictly enforced and there will be consequences for their violation.
USEPA will impose a per manifest fee for each manifest submitted to the e-Manifest System based on the type (paper or electronic) and mode of submission (mail, data upload, image file upload). The final fee schedule for the system launch on June 30, 2018 has not been determined as of April 2018. USEPA will publish the final fee schedule to the program’s website prior to the system launch.
USEPA did publish estimates of the initial fees in the preamble of the January 3, 2018 User Fee Rule. As of the issuance of the Fee Rule, the best estimates for the initial per manifest fees were:
$4.00 for an electronic manifest (including hybrid).
$7.00 for a data file upload of paper manifest data.
$13.00 for the upload of paper manifest image.
$20.00 for submission of a paper manifest form by mail.
The launch of the e-Manifest System is coming! June 30, 2018. Be prepared. There will be a lot of changes to how a hazardous waste is shipped off-site for disposal or recycling.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
If you’re like me you probably thought the launch day for the e-Manifest System would never come. Well, it looks like both of us were wrong! After missing several of its self-imposed deadlines (see: History of the e-Manifest System) the U.S. Environmental Protection Agency recently announced (January 3, 2018) the date the e-Manifest System will go into affect nation-wide; that date is June 30, 2018.
The hang-up preventing implementation of the system all these years was deciding on a fee structure to pay for it. That has now been resolved.
Many within the regulated community still have questions about the system and how it will work, such as:
Will I be allowed to continue using a paper uniform hazardous waste manifest after June 30th?
Is it possible for the uniform hazardous waste manifest to be completely replaced by an electronic form?
What are the fees and who must pay them?
Will information on my uniform hazardous waste manifest be made publicly available?
Will I have to wait for my state to implement this new rule?
Subscribe to the e-Manifest ListServ to receive updates (I recommend this!)
Take the e-Manifest for a test drive.
And a lot more.
Also, I suggest you attend the general e-Manifest webinar scheduled for March 28, 2018 at 2:00 pm (ET). “This webinar session will provide the latest e-Manifest updates in preparation for the June 30, 2018 launch of e-Manifest. The theme for this e-Manifest webinar is ’90 Days to Launch’.”
You may access the live, general webinar session at 2:00 p.m. on March 28 by clicking here.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
The purpose of this article is to identify and explain the regulations of the USEPA that allow a large quantity generator of hazardous waste (LQG) to consolidate hazardous waste received from a very small quantity generator (VSQG).
Prior to the implementation of the Generator Improvements Rule on May 30, 2017 a VSQG had seven options for the on-site or off-site treatment, storage, or disposal of its hazardous waste. Also prior to the Generator Improvements Rule a hazardous waste generator could not receive hazardous waste from another generator – even a VSQG it owned – unless it was permitted or authorized by either USEPA or a state with an authorized hazardous waste program as a hazardous waste treatment, storage, or disposal facility (TSDF).
That changed May 30, 2017 with the implementation of the Generator Improvements Rule. This new rule now allows an LQG to consolidate hazardous waste received from one or more VSQGs.
Not sure of your hazardous waste generator status?
But wait! I’m not an LQG, I’m a small quantity generator of hazardous waste (SQG). Am I prohibited from consolidating VSQG hazardous waste at my facility if I meet all of the other requirements of these regulations? No. Per my communication with the USEPA, an SQG may consolidate the hazardous waste of a VSQG at its facility if it meets all of the requirements of this regulation and complies with the conditions for exemption for a large quantity generator at §262.17 and the independent requirements for an LQG at §262.10(a)(1)(iii). See later in this article for more information on these requirements.
The term very small quantity generator (VSQG) is also a creation of the Generator Improvements Rule. Formerly, the regulations referred to this status as the conditionally exempt small quantity generator (CESQG).
Since this regulation is less stringent than previous regulations, states with an authorized hazardous waste program are not required to adopt all of its provisions. Those states that choose to adopt it may not do so until July 31, 2019.
Some states (e.g., Minnesota) already operate consolidation programs that go beyond what USEPA is finalizing here. “It is not EPA’s intention to interfere with existing state consolidation programs.”
The Federal regulations of the USEPA referenced in this article refer to a notification to the USEPA using the Site ID form (EPA Form 8700-12). When a state -if a state – adopts this new rule it will require the notification be made to its state environmental regulatory agency instead of the USEPA. Also, it may the require the use of a state-specific notification form and may add other requirements (like a fee) as well.
Interested in site specific training at your site that covers this topic, and more!
This regulation only applies to the hazardous waste generated at one or more VSQGs and sent for consolidation to a single LQG. SQGs or other state-specific hazardous waste generator status are not applicable. However, in the future USEPA will consider the expansion of this provision to allow for consolidation of VSQG hazardous waste at a small quantity generator (SQG).
Both the LQG and VSQG must be under the “control” of the same “person”.
“Control” for the purposes of this regulation is identified at both §262.17(f) for LQG and §262.14(a)(5)(vii) for VSQG as the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate generator facilities on behalf of a different person shall not be deemed to “control” such generators.
A few more things about “control”:
The key terms used in the definition for “control” here are the same used in the exclusion from the definition of solid waste for hazardous secondary materials that are generated and legitimately reclaimed under the control of the generator (40 CFR 261.4(a)(23)) under the 2015 Definition of Solid Waste Rule. Thus, USEPA is remaining consistent in how it defines “control” across varying regulations.
Companies within the same corporate structure would be considered “under the control of the same person” if they meet the definition of same “person” and “control” as outlined above.
Army National Guard and Reserve units that may be VSQGs can send their hazardous waste to an active Army base that is an LQG as it is seen to be under the “control” of the same “person”.
Individual laboratory buildings that are VSQGs and are part of a university or industrial entity that is an LQG may consolidate their hazardous waste under these regulations as it is seen to be under the “control” of the same “person”.
In the future USEPA will consider the expansion of this provision to allow for consolidation of VSQG hazardous waste at an LQG under the control of a different person.
Person means an individual, trust, firm, joint stock company, Federal Agency, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body.
Hazardous waste accumulated at a VSQG for consolidation may be accumulated solely in a container whereas once the hazardous waste is consolidated at the LQG it may be accumulated separately or consolidated with other VSQG waste collected by the LQG or with the LQGs own hazardous waste in any of the four hazardous waste accumulation units allowed for hazardous waste generators by USEPA: container, tank, drip pad or containment building. Communication with USEPA confirmed that VSQG waste consolidated at an LQG may be accumulated in any of the four hazardous waste accumulation units. This point is not clear from the regulations and further explanation may be helpful (if you’re interested).
In explaining the provisions of the new rule in the Federal Register (Volume 81, No. 228 / Monday, November 28, 2016), USEPA solely refers to hazardous waste accumulation at both the VSQG and LQG in containers. No mention is made of any of the other three hazardous waste accumulation units nor is the term “accumulation unit” used. Additionally, wherever the Federal Register refers to the requirements for compliance with these provisions the language applies solely to hazardous waste in containers, e.g., in explaining waste management at 81 FR 85775 USEPA states that hazardous waste received from a VSQG is not eligible for management under the satellite accumulation regulations of §262.15. It would not be necessary to state this if USEPA anticipated LQGs to consolidate VSQG hazardous waste in any accumulation unit other than containers since §262.15 does not allow for the accumulation of hazardous waste in a satellite accumulation area in any accumulation unit other than a container. This evidence indicates to me that USEPA foresaw the consolidation of VSQG hazardous waste at an LQG to take place entirely in containers.
And, the regulations applicable to a VSQG for the consolidation of its waste at an LQG (§262.14(a)(5)(viii)(B)) require it to label its container(s) of hazardous waste. No mention is made of any other hazardous waste accumulation units at the VSQG.
However, once in the Federal Register (81 FR 85775) and – most importantly of all – in the regulations applicable to an LQG for the consolidation of hazardous waste received from a VSQG (§262.17(f)(3)) USEPA refers to the labeling and marking regulations of §262.17(a)(5). That paragraph contains the labeling and marking requirements of an LQG for containers and tanks.
This led me to believe that while the accumulation of the hazardous waste at the VSQG and its transfer to the LQG must take place entirely in containers, once received at the LQG it may be consolidated in containers or tanks as long as all of the conditions for exemption applicable to an LQG are met. However, as noted above, VSQG waste consolidated by an LQG may be accumulated at the LQG in any of the four hazardous waste accumulation units.
And that’s it! (Of course, a VSQG must comply with all of the conditions for exemption of a VSQG at 40 CFR 262.14).
Aside from these conditions, the same standards apply to waste consolidated at an LQG under this provision as to other VSQG waste, including the exemption from the requirement for use of the uniform hazardous waste manifest when transported off-site – though USDOT/PHMSA regulations for the transportation of a hazardous material will still apply. The result is the self-transport of hazardous waste by a VSQG to an LQG is possible under this provision.
LQG conditions for exemption:
LQG must notify USEPA at least thirty (30) days prior to receiving the first shipment of hazardous waste from a VSQG. Notification must be made using EPA Form 8700-12 and must identify the following:
Name(s) and site address(es) for the VSQG(s).
Name and business telephone number for a contact person for the VSQG.
Note: USEPA has revised the EPA Form 8700-12 to include a section for LQG notification of VSQG hazardous waste consolidation.
LQG must submit an updated EPA Form 8700-12 within thirty (30) days after a change in the name or site address of a VSQG. Note: the updated notification is required for changes to the name and site address of the VSQG only. It is not required for changes solely to the name and business telephone number for the VSQG contact person.
The LQG must maintain records of shipments of hazardous waste received from a VSQG. Records must be retained for three (3) years from the date the hazardous waste was received from the VSQG. Records must include the following:
Identify the name, site address, and contact information for the VSQG.
A description of the hazardous waste received.
The quantity of waste received.
The date the waste was received.
Note: this recordkeeping condition can be fulfilled through routine business records, such as a bill of lading.
The LQG must comply with the independent requirements for an LQG at §262.10(a)(1)(iii) for all hazardous waste received from a VSQG.
Complete hazardous waste determination and maintain records.
Determine hazardous waste generator category.
Notify USEPA to obtain EPA identification number and re-notify as required.
Use the uniform hazardous waste manifest for off-site shipments.
Comply with the pre-transport requirements for off-site transportation of hazardous waste.
Submit reports and maintain records as required. Note: a new source code was added to the biennial report instructions that LQGs will use to identify the hazardous waste received from a VSQG to differentiate from hazardous waste the LQG generated on-site.
Comply with requirements for transboundary movements of hazardous waste, if applicable.
LQG must comply with the conditions for exemption of an LQG at §262.17 for all hazardous waste received from a VSQG. This includes but is not limited to the following:
On-site accumulation time limit with the accumulation time limit extension.
Air emission standards.
Condition of containers.
Compatibility of waste with container.
Containers kept closed.
Weekly inspections.
Special conditions for ignitable and reactive wastes.
Note: the two preceding bullet points may be summarized as simply this: manage the hazardous waste received from a VSQG and consolidated at an LQG the same as a hazardous waste generated at an LQG. Except for the following:
The LQG must label the container or unit (refer to the discussion of allowed hazardous waste accumulation units in the Scope and applicability section of this document) as required by §262.17(a)(5) for a hazardous waste container or tank. However, instead of marking the container or unit with the date of initial accumulation the LQG is to mark the container or unit with the date accumulation started at the LQG (i.e., the date the hazardous waste was received from the VSQG). If the LQG is consolidating incoming hazardous waste from a VSQG with either its own hazardous waste or with hazardous waste from other VSQGs, the LQG must label each container or unit with the earliest date any hazardous waste in the container was accumulated on site.
Other conditions of this provision that deserve emphasis:
Hazardous waste consolidated at an LQG from VSQG(s) can not be accumulated in a satellite accumulation area pursuant to §262.15. It must either be managed in the LQG’s central accumulation area or immediately shipped off-site for treatment, storage, or disposal.
There is no limit on the amount of hazardous waste an LQG can receive from VSGQs under the consolidation regulations.
There is no restriction on the type(s) of hazardous waste an LQG can receive from VSQGs under the consolidation regulations.
The transportation of the waste from the VSQG to the LQG may be done without a uniform hazardous waste manifest – though the regulations of USDOT/PHMSA for the transport of a hazardous material still apply (among the requirements for this type of transportation would be HazMat Employee training). This allows for the self-transport of the waste by the generator between the sites (VSQG to LQG). Per communication with USEPA the collection and transport of VSQG waste from multiple sites to a single LQG is allowed as long as all requirements of USDOT/PHMSA are met.
Interstate transportation of VSQG waste for consolidation at an LQG will be limited by each state’s decision whether or not to adopt the provisions of this new rule. In the event of interstate (between two or more states) transport of VSQG waste to an LQG for consolidation it is the responsibility of the VSQG to ensure that all states have adopted this provision, especially the exemption from the requirement to use the uniform hazardous waste manifest and to ascertain a state’s policy on the transport of such waste if it has not adopted these regulations.
These new regulations are located in the conditions for exemption applicable to both a VSQG and an LQG at §262.14 and §262.17, respectively. That means that compliance with these requirements – if a generator decides to manage its hazardous waste in this manner – is required for a generator to function without the need for a permit as a hazardous waste storage facility. If a generator taking advantage of this consolidation provision fails to meet one or more of the conditions for exemption it would be subject to penalty as a facility operating as a hazardous waste storage facility without a permit. However, the failure of an LQG to meet one of the conditions for exemption does not mean the VSQG is will lose its permit exemption provided the VSQG meets its conditions for exemption and vice versa.
I am uncertain as of this writing if a generator that does not meet the definition of an LQG (§260.10), e.g., a small quantity generator, could consolidate VSQG waste in compliance with §262.17(f) if it met all of the requirements for an LQG at §262.17. I have submitted this question to USEPA and will update this information when an answer is provided.
Conclusion and summary:
This new regulation may be of great benefit to many hazardous waste generators; particularly those with multiple small non-contiguous (i.e. not connected) sites. For many in the regulated community it has been a long wait for a relief like this. And it may continue to be a wait as states decide whether or not to adopt this new provision. I suggest the following for generators who are considering the application of these provisions:
Determine the status of the Generator Improvements Rule in general, and this particular provision specifically, in your state. Contact your state environmental agency and ask them directly if uncertain.
Identify those VSQGs under the control of the same person that may be able to take advantage of this provision.
Identify an LQG that will function as the consolidation point for the VSQG waste. Personnel of the LQG will require initial Hazardous Waste Personnel training with an annual review.
Classify the VSQG waste according to the Hazardous Materials Regulations of USDOT/PHMSA to determine if it is a hazardous material and, if so, how it is regulated when transported in commerce. Personnel of both the VSQG and the LQG involved in the transportation of the VSQG waste must receive HazMat Employee training every three years.
If transport is interstate (between two or more states), determine the status of these regulations in each state the VSQG waste will traverse and what it requires for compliance.
Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail
The Generator Improvements Rule created ~60 changes to the Federal regulations of the USEPA for the management of hazardous waste. Some of those changes are significant; such as the allowance for Episodic generation of hazardous waste by a VSQG or SQG. (Read: Episodic Generation of Hazardous Waste for a VSQG or Episodic Generation of Hazardous Waste for an SQG). Some were minor but critical; such as creating a definition for a commonly used term like the Central Accumulation Area at 40 CFR 260.10. And others are just typographical, like this one.
40 CFR 261.6(c)(6) used to read:
“Scrap metal” is bits and pieces of metal parts (e.g.,) bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.
Now it reads:
“Scrap metal” is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
It’s the superfluous end parenthesis “)” after the first “e.g.,” It used to look like this: (e.g.,) and now looks like this: (e.g.,
Just a minor typographical error. It doesn’t impact the definition of scrap metal at all. But for those of us interested in the details of the regulations it is a relief to see even these minor corrections.
The Generator Improvements Rule contains a lot more changes. Some of them are significant enough to affect your day-to-day compliance status when managing hazardous waste. Make certain you have satisfied yourself of the following:
