RCRA Hazardous Waste Regulations

Everything About the Generator Improvements Rule

Everything About the Generator Improvements Rule

This site will serve as a single location for information related to the Generator Improvements Rule. Articles providing more information are available through the links below.

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General Information and Background:

Summary of Proposed Rule from USEPA: The Hazardous Waste Generators Improvement Rule

Summary of the Generator Improvements Rule

FAQ: What is the status of the Generator Improvements Rule in my state?

FAQ: Which regulations of the Generator Improvements Rule are more strict than existing USEPA regulations?

Reorganization of the Hazardous Waste Generator Regulations

The Hazardous Waste Determination:

The Hazardous Waste Determination

Side-by-Side Comparison of Old Regulations and New for the Hazardous Waste Determination

Counting Hazardous Waste and Determining Generator Category

Side-by-Side Comparison of Old Regulations and New for Counting Hazardous Waste and Determining Generator Category

Mixing Hazardous Waste with Non-Hazardous Waste

Management of Hazardous Waste – General:

Marking and Labeling of Hazardous Waste Accumulation Areas

Marking and Labeling Requirements for Hazardous Waste Containers Prior to Off-Site Transportation

Hazardous Waste Personnel Training and the CESQGTraining Options for Facility Personnel of a Large Quantity Generator

The ‘Fifty Foot Rule’ for Ignitable and Hazardous Waste at a Large Quantity Generator

Episodic Generation of Hazardous Waste for a Small Quantity Generator

Episodic Generation of Hazardous Waste for a Very Small Quantity Generator

Notification to EPA for a Episodic Hazardous Waste Event

Consolidation of Very Small Quantity Generator Hazardous Waste at a Large Quantity Generator

Generator ban on Liquids in Landfills Under the Generator Improvements Rule

Weekly Inspection Requirements Under the Generator Improvements Rule

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Satellite accumulation areas:

Comply with Special Requirements for Incompatible Waste in Containers

Limited Exception to Closed Containers

Clarify What is Meant by “Three Days”

Maximum Weight for the Accumulation of Acute Hazardous Waste

Clarify Generator Options When Maximum Volume or Weight is Exceeded

Marking and Labeling of Hazardous Waste Containers in Satellite Accumulation Areas

Applicability of Preparedness, Prevention, and Emergency Procedures for SQG and LQG

Must “Immediately” Transfer Hazardous Waste From Leaking Container

Clarify Satellite Accumulation Area as an Option for SQG and LQG Compliance

Rescind Memo Regarding Accumulating Reactive Hazardous Waste Away From the Point of Generation

Clarify: Under the Control of the Operator

All Revisions to Satellite Accumulation Area Regulations by Generator Improvements Rule

Preparedness, Prevention and Emergency Response for a Large Quantity Generator of Hazardous Waste (LQG):

TelephoneComparison of New and Old Requirements in Generator Improvements Rule: Preparedness, Prevention, and Emergency Procedures for Large Quantity Generators

Applicability of Emergency Procedures to Hazardous Waste Accumulation Areas at LQG

Requirements for LQG to Make Arrangements with Local Authorities (now includes LEPC)

Exceptions for Emergency Equipment at LQG

Facility Personnel Access to Communication or Alarm System at LQG

Submittal of Contingency Plan by Large Quantity Generator (now includes LEPC)

Contact Information for Emergency Coordinator in Contingency Plan

Requirements for Quick Reference Guide in Contingency Plan

Content for Quick Reference Guide in Contingency Plan

Everything about Preparedness, Prevention, and Emergency Procedures at LQG After the Generator Improvements Rule

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Preparedness, Prevention and Emergency Response for a Small Quantity Generator of Hazardous Waste (SQG):

Maintenance and Operation of Facility (Includes Applicability)

Required Emergency Equipment

Testing and Maintenance of Emergency Equipment

Facility Personnel Access to Communication or Alarm System

Required Aisle Space

Requirements for SQG to Make Arrangements with Local Authorities (now includes LEPC)

Identify Emergency Coordinator

Post Emergency Information

Ensure Familiarity with Emergency Procedures (SQG Training)

Emergency Procedures

Everything about Preparedness, Prevention, and Emergency Procedures at SQG After the Generator Improvements Rule

Hazardous waste container in poor conditionFacility closure:

Closure Requirements of Hazardous Waste Accumulation Area at a Large Quantity Generator

Facility Closure Requirements for Large Quantity Generator

Reporting and Recordkeeping:

Re-notification Requirements for Large Quantity Generators

Re-notification Requirements for Small Quantity Generators

FAQs and Miscellaneous

What is the AHJ?

What is a Central Accumulation Area?

Correction of Typo in Definition of Scrap Metal

Q&A: Are VSQGs required to register under the Generator Improvements Rule?

FAQ: How does the Generator Improvements Rule define an acute hazardous waste?

Status of the Generator Improvements Rule in Michigan

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State-Mandated Annual Reporting of the Biennial Hazardous Waste Report

Federal regulations of the Environmental Protection Agency (USEPA) at 40 CFR 262.41 require a generator who is a large quantity generator (LQG) of hazardous waste for at least one month in an odd-numbered year to submit the Biennial Report (aka: Biennial Hazardous Waste Report).  The generator must  complete the report using EPA Form 8700-13 A/B and submit it to the EPA Regional Administrator by March 1 of the following even-numbered year.

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A state with an authorized hazardous waste program may choose to make its regulations more strict than those of the USEPA.  One may that some states do this is to require an annual report from hazardous waste generators in their state.  Below is a table identifying the states by EPA Region that request an annual report instead of biennial from hazardous waste generators within their jurisdiction.

EPA RegionStates that require annual reporting
1Maine, New Hampshire
2New Jersey, New York
3Delaware, District of Columbia
4Georgia, Kentucky, Mississippi, South Carolina, Tennessee
5Illinois, Indiana, Michigan, Minnesota, Wisconsin
6Arkansas, Louisiana, Oklahoma, Texas
7Kansas, Missouri
8Montana
9Arizona, California, Guam
10`Idaho, Oregon, Washington

Other instances where state regulations for hazardous waste reporting are more strict than those of the USEPA:

  • Require reporting for small quantity generators (SQGs) of hazardous waste as well as LQGs.
  • Require reporting more frequently than annual, e.g. quarterly.
  • Collect a fee from hazardous waste generators.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

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Q&A: Is it Flammable liquid, corrosive n.o.s. or Corrosive liquid, flammable, n.o.s.?

A good question from someone looking to classify a hazardous material (April 4, 2017):

Hello,

Was wondering if you could answer this question. How do you choose whether a material mixture should be called “Flammable liquid corrosive n.o.s.” or “Corrosive liquid Flammable n.o.s.” I noticed both exist. regards

My answer the next day (April 5, 2017):Drum of ignitable and corrosive hazardous waste

Thank you for your question, I will do my best to answer below.

  • It is the responsibility of the shipper of a hazardous material to classify it per the PHMSA/USDOT Hazardous Materials Regulations (HMR).
  • At 49 CFR 172.101(c)(10) the HMR indicates the procedure for classifying a solution or mixture.  One option is to choose a generic shipping name: Flammable liquid, corrosive, n.o.s. (primary hazard class 3. Subsidiary hazard class 8) or Corrosive liquid, flammable, n.o.s. (primary hazard class 8. Subsidiary hazard class 3).
  • To determine the primary and subsidiary hazard class the shipper must first determine the packing group for each hazard class (Class 3 at 49 CFR 173.121. Class 8 at 49 CFR 173.137).
  • With the packing group determined for each hazard class (3 & 8), shipper must proceed to 49 CFR 173.2a and refer to the Precedence of Hazard Table.
  • Using the table the shipper can determine the primary and subsidiary hazard class.  This, then, can be used to determine the correct proper shipping name.

Contact me with any questions you may have about the transportation of hazardous materials by air, highway, vessel, or rail

International and Domestic

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Short answer:  Use the Hazardous Materials Regulations to determine if it is primarily corrosive or primarily flammable and then choose the correct proper shipping name.

I hope this helps.  Please contact me with any other questions.
And that did it:
Thanks Daniel.

Q&A: What can we do with empty oil drums?

A question from someone in industry about empty oil drums (April 18, 2017):

Hello my name is <<Name>> and I work for <<Company>>, I have a simple question we use 55 gallon metal and plastic drums to contain our oil and have to pay a large sum of money to have them disposed of. If we meet the RCRA empty container requirements can we cut these drums in half and dispose of them or is there some sort of training we would need to go through or an inspection process so that we can simply throw them away ourselves or what do you suggest?

Thank you.

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My reply that same day:

Thank you for contacting me.  I will do my best to answer your questions below.

  • It is most likely that your oil is not a hazardous waste upon disposal per EPA regulations (state or federal) and is not a hazardous material when offered for transportation per PHMSA/USDOT regulations.  A Safety Data Sheet could confirm this assumption.
  • If the oil is neither a hazardous waste nor a hazardous material then the drums themselves are not subject to regulation for their disposal nor their transportation off-site.
  • As a non-regulated material you have many options for the empty drums (still containing some oil residue):
    • Discard as a waste – Check with your landfill and state regulations to determine their position on containers.  Many landfills don’t like to see empty containers; you may need to chop them up first.  PLEASE REFER TO THE WARNING BELOW BEFORE YOU PERFORM ANY ACTIVITY ON EMPTY DRUMS.
    • Recycle – Especially those of metal may be of interest to scrap metal recyclers.
    • Reclamation – Especially the steel drums may be of interest to drum reclaimers.
  • NOTE:  state regulations regarding empty containers may be more strict (e.g. California & Texas).  It has been awhile since I have done training in <<State>> but I am not aware of any state regulations for empty containers.  More research would confirm this assumption.
  • Is the supplier of the oil interested in taking the drums back for reuse?
Summary:  Except for a state regulation I am not aware of, or the limits of your landfill or recycler, you can pretty much do whatever you want with your empty drums.
More Information:

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I hope this helps.  Please don’t hesitate to contact me with any other questions.

FAQ: What is the AHJ?

FAQ: What is the AHJ?

AHJ is an acronym used by USEPA for the authority having jurisdiction (AHJ) over the fire code of a particular area.  Adopted by the USEPA for use in the Generator Improvements Rule’s revision to the 50 Foot Rule, it was originally developed by the National Fire Protection Association (NFPA) and identified by them as follows:

The authority having jurisdiction (AHJ) is that person or office charged with enforcing the Life Safety Code. In many states the AHJ is the state fire marshal who has local inspectors work on his/her behalf. In some cities, fire department fire prevention division personnel fulfill the role of AHJ; sometimes it is the building official. For some occupancies, there is more than one AHJ; each AHJ’s approval must be secured. For example, the authorities having jurisdiction for a hospital might include: state fire marshal; building official; fire department fire prevention officer; state health care licensing agency; The Joint Commission; U.S. Department of Health and Human Services – Centers for Medicare and Medicaid Services (CMS); and the facility’s insurance carrier. If you’re unsure who the AHJ is, contact your state fire marshal. (emphasis added)

USEPA felt the term could be used in its regulations without explanation since it has been adopted by several state and local governments and is in wide use in various fire codes.

Fire fighting equipment

In the preamble to the final rule in the Federal Register, USEPA identifies the AHJ as an entity or individual who, “…has the ability to determine a safe and practical location for the facility to store ignitable or reactive waste that is within 15 meters (50 feet of the facility’s property line.”

Also, USEPA indicates it intends the AHJ to have each of the following:

  • Detailed knowledge of the fire code.
  • Ability to evaluate the site conditions to determine a safe and practical place for storing ignitable and reactive wastes.

And…

  • Authorized by the state or local government to enforce the fire code.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

Daniels Training Services, Inc.

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  • You ask, “Must the AHJ be the fire marshal?”  USEPA answers:  “An AHJ may or may not be the fire marshal, fire chief, building official or another official as designated by the state or local government.”
  • You ask, “Can my local fire department be the AHJ?”  USEPA answers:  “Yes, if your local fire department meets the criteria for the AHJ in your area.”

If you have any more questions about the 50 Foot Rule, the Generator Improvements Rule, or any other regulations – state or federal – for the management of waste, please don’t hesitate to contact me.

 

The Fifty Foot Rule Revised by the Generator Improvements Rule

The Fifty Foot Rule Revised by the Generator Improvements Rule

The Generator Improvements Rule went into effect on May 30, 2017.  “Into effect” however, only in the federal regulations of the U.S. Environmental Protection Agency (USEPA) and those states without an authorized hazardous waste program (read:  What is the status of the Generator Improvements Rule in my state?)  The new rule made over 60 changes to the regulations of the USEPA, mostly those applicable to the generator of a hazardous waste.  The purpose of this article is to explain the revisions the new rule made to what is commonly known as the Fifty Foot Rule. (more…)

Q&A: Can I store drums of hazardous waste with non-hazardous waste?

An assumption, some research and a question (02.21.17):

Hi Daniel,

I always thought that RCRA Hazardous waste regulations require hazardous waste drums not be stored with non-hazardous waste drums.  However, I scanned through 40 CFR and don’t see where it specifically says this.

I ask because I am working on reclassifying some of our solvent waste as Hazardous Secondary Materials (HSM) since they are legitimately recycled.  Indiana adopted the Federal HSM regulation in November of 2016. I’d prefer to keep my drum storage as is, and leave the HSM drums with the other “hazardous waste” drums and not have to find a different storage location.

Can you please let me know if I’m missing the regulation that would prohibit this?55-gallon drums of Non-Hazardous Waste

My reply the same day:

There is no regulations – state or Federal – I am aware of that forbids storage of hazardous and non-hazardous waste in proximity to each other.  Some accumulation requirements to note:

  • Regulations applicable to a small quantity generator (SQG) and large quantity generator (LQG) of hazardous waste require them to segregate all incompatibles whether they be hazardous, non-hazardous, or not a waste at all, i.e. material.  Read:  Examples of Potentially Incompatible Wastes
  • An LQG must maintain Ignitable (D001) and Reactive (D003) Haz Waste >15 m (50 feet) from its property line.  The Generator Improvements Rule has created a waiver to this rule.
  • On-site accumulation of HSM subject to new requirements for speculative accumulation.

I hope this helps.  Please let me know if you have any other questions.

Conclusion:

The question is a simple one with a simple answer but a much deeper meaning.  Notice how the questioner had a long-standing incorrect assumption (harmless as it turned out) regarding the regulations.  Also, how a ‘scan’ of the regulations didn’t return an answer.  A great error of many in the regulated industry – and one I have to be on guard for – is the assumption of how the regulations work without an understanding of their exact meaning as written and any interpretations.  Don’t let an assumption of the USEPA RCRA regulations for the management of hazardous waste determine your compliance with them; it may lead to a violation.

So what can you do besides spend hours every day researching the regulations?  Do what this person did and contact me with your questions about the cradle-to-grave management of hazardous waste.

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More information:

Retail Store Chain to pay $375,000 Civil Penalty for Hazardous Waste Violations

The Bullet:

A major retailer reached a settlement with USEPA regarding violations of the Federal hazardous waste regulations.  In addition to correcting the violations the retailer must pay a civil penalty of $375,000.

Read the EPA news release:  EPA Announces Settlement with Macy’s over Hazardous Waste Violations 

Who:

The “major retail store chain” found in violation of the hazardous waste regulations is Macy’s Retail Holdings, Inc. (Macy’s).

Macy’s reached the settlement with the U.S. Environmental Protection Agency (EPA), Region 6 (South Central), which serves Arkansas, Louisiana, New Mexico, Oklahoma, Texas and 66 Tribes with its main office in Dallas, TX.  Contact Information: Jennah Durant or Joe Hubbard / R6Press@epa.gov / 214 665-2200

Also involved was the Oklahoma Department of Environmental Quality (OK DEQ).

What:

According to the terms of the settlement, Macy’s commits to the following:

  • Correct all violations within one year
  • Develop a program to train 400 retailers in Oklahoma and Texas.  Training content must be shared with Macy’s locations nationwide.
  • Conduct third-party audits at eleven of its largest facilities in Texas, Oklahoma, Louisiana, and New Mexico.  Results of these audits will be shared with all other Macy’s facilities (more than 620 locations outside of EPA Region 6).
  • Pay a $375,000 civil penalty within 30 days.

Where:

It is not clear from the news release but it seems likely that the initial violations were found in Macy’s locations in Oklahoma and Texas.  Corrective actions must be taken at all Macy’s locations nationwide.

When:

  • News release dated 10.25.17.
  • Period of violations extends from 2012 through 2015.
  • Macy’s has 30 days to pay the civil penalty.
  • Macy’s has one year to comply with all other requirements of the settlement.

Why:

Said EPA Administrator Scott Pruitt:

EPA takes hazardous waste regulations seriously, and we appreciate companies taking responsibility to correct violations. Appropriately managing hazardous waste from ‘cradle-to-grave’ is vital to protecting people’s health and the environment.”

Read:  What can a Hazardous Waste Generator do About Their ‘Cradle-to-Grave’ Responsibility?

EPA enforcement staff found Macy’s had violated the Resource Conservation and Recovery Act (RCRA), the federal law that regulates hazardous and solid wastes, for several periods during 2012-2015. During these times, each Macy’s store identified in the settlement generated thousands of pounds of hazardous waste to qualify as a small-quantity generator but failed to notify EPA and state authorities. Macy’s also failed to meet the conditions for small-quantity generator status and did not complete appropriate manifests. Overall, Macy’s generated more than 269,168 pounds of hazardous waste from 2012-2015 for the 44 locations identified in the settlement.

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How:

Even though Oklahoma has an authorized hazardous waste program administered by the OK DEQ, EPA took the lead on enforcement in this case likely due to the nationwide distribution of Macy’s facilities.  RCRA gave the EPA the authority to regulate hazardous waste from ‘cradle-to-grave’.  In this instance its agents found a hazardous waste generator (Macy’s) to be in violation of those regulations.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

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Conclusion:

From the news release:  Based on the average rate of hazardous-waste generation at the 44 stores involved in the settlement, EPA estimates that Macy’s may manage about 1.2 million pounds of hazardous waste nationwide per year.  You might not expect a retail store chain to generate such a significant amount of hazardous waste.  However, the fact of the matter is that many types of waste – hazardous, used oil, universal waste, and even non-hazardous waste in states such as Texas – are generated by businesses every day.  Maybe even your business.  If that’s so, you must identify the type and quantity of each wastestream, determine your hazardous waste status and then comply with the applicable regulations, both Federal and state.  I can help you with every step of this process.

Q&A: Does the new identification number package mark height requirement apply to hazardous waste lab packs?

A question from the regulated community (01.26.17):

Hello,
Do the new labeling requirements impact lab packs?
Are they considered ‘non-bulk’ and thus must conform to the new UN size?
Thanks,Hazardous waste lab pack drums

My reply, buying time:

That’s a good question! Let me research and get back to you.

Final answer that same day:

I believe I have an answer to your question.  I assume it is related to the new size requirement for the identification number on a non-bulk packaging.  Please see below:

  • The new size requirement for the identification number applies to the marking on a non-bulk packaging.
  • Though possible, it is unlikely that a lab pack for hazardous waste will be shipped in anything other than a non-bulk packaging.
  • There is no exception to the new size requirement for lab packs that I can find in 49 CFR 173.12.
Therefore, if a lab pack of hazardous waste meets the definition of a hazardous material (the hazardous waste from a CESQG does not) then it must be shipped according to the regulations of the USDOT.  Since January 1, 2017, those regulations have mandated the minimum height of the identification number marking (just the identification number, nothing else) on a non-bulk packaging.
I hope this helps.
Please don’t hesitate to contact me with any other questions.
Status of Generator Improvements Rule in Michigan

Status of Generator Improvements Rule in Michigan

Logo for the Michigan DEQThe below is taken verbatim from the Michigan DEQ website.

Contact: Ronda Blayer 517-284-6555
Agency: Environmental Quality

On November 28, 2016, the final Generator Improvements Rule was published in 81 Federal Register 85732. These regulatory revisions were promulgated under the authority of the federal Resource Conservation and Recovery Act of 1976. As such, they do not take effect in Michigan, a federally authorized state, until the rules are promulgated at the state level.

States are required to adopt any revisions that are more stringent than the existing federal program. However, less stringent revisions are optional in terms of adoption by authorized states.

The Michigan Department of Environmental Quality is in the process of reviewing these revisions for inclusion in the administrative rules promulgated pursuant to Part 111, Hazardous Waste Management, of Michigan’s Natural Resources and Environmental Protection Act, 1994 PA 451, as amended. The Generator Improvements Rule will be part of Amendment 12 to the Part 111 rules. It is anticipated that this rulemaking process will be initiated in summer 2017. There will be an opportunity for public comment consistent with the past hazardous waste management program rule packages.

If you are interested in being placed on a mailing list for information regarding this rulemaking effort, please provide your name, company, address, email address, and telephone number to Ronda L. Blayer, Hazardous Waste Program, Waste Management and Radiological Protection Division, at 517-284-6555 or blayerr@michigan.gov.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

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One thing the Generator Improvements Rule hasn’t changed is the need for generators of hazardous waste to provide initial and annual training for their hazardous waste personnel.  Contact me if you require this training and if you want it to include the requirements of the new Generator Improvements Rule that are applicable to your operations.