40 CFR 261, Subpart M was created by the 2015 Definition of Solid Waste Rule (read: A brief summary of the 2015 Definition of Solid Waste Rule) which became effective at the Federal level and in Iowa and Alaska; also:  Puerto Rico, Virgin Islands, American Samoa, Marianna Islands, and some tribal lands on July 13, 2015.  States with an authorized hazardous waste program may adopt the rule at their own schedule (read:  State RCRA Authorization and the 2015 Definition of Solid Waste Rule).  Generators of a hazardous secondary material that wish to take advantage of two of the conditional exclusions from regulation as a solid waste created by the 2015 DSW – namely the Generator-Controlled Exclusion at §261.4(a)(23) and the Verified-Recycler Exclusion at §261.4(a)(24) – must comply with the newly created regulations of §261, Subpart M.  Though the regulations are new the requirements are not.  Anyone familiar with the emergency preparedness and response requirements for generators of hazardous waste will find that the requirements of §261, Subpart M are exactly the same.  The purpose of this article is not to explain the requirements of the emergency preparedness and response conditions of Subpart M but instead to illustrate how they compare to the existing emergency preparedness and response requirements for generators of hazardous waste.

The table below summarizes the emergency preparedness and response conditions of Subpart M for facilities that manage hazardous secondary materials subject to the Generator-Controlled Exclusion and the Verified Recycler Exclusion:  Generator, Intermediate Facility, and Reclamation Facility.

The links in the table above will take you to articles I have written describing the emergency preparedness and response requirements for generators of hazardous waste.  Compare them to the applicable requirements for hazardous secondary material generators, intermediate facilities, and reclamation facilities and you will see that they are the same.

If you are a generator of hazardous waste as well as hazardous secondary materials then my articles will assist you with compliance under both standards.

Don’t hesitate to contact me if you have any questions about the emergency preparedness and response conditions found in the RCRA regulations or if you require the training mandated for generators of hazardous waste.