The Generator Improvements Rule contains a new less strict regulation at 40 CFR 262, Subpart L that allows a very small quantity generator of hazardous waste (VSQG) and a small quantity generator of hazardous waste (SQG) to temporarily exceed their generator accumulation thresholds (100 kg/mo and 1,000 kg/mo, respectively) if the alternative standards for episodic generation are met.

• Read:  Requirements for Episodic Generation of Hazardous Waste at a Very Small Quantity Generator
• Read:  Requirements for Episodic Generation of Hazardous Waste at a Small Quantity Generator

Both VSQG or SQG are required to notify the EPA if they wish to manage their waste under this new regulation.  The purpose of this article is to explain the notification requirements of 40 CFR 262.232 for the notification of the EPA by a VSQG or SQG.

Both VSQG and SQG must notify the U.S. Environmental Protection Agency (EPA) using EPA form 8700-12 for either a planned or unplanned episodic event.  The 8700-12 Form was recently modified to allow for this notification.  When – and IF – your state adopts this new rule it may require you to use a state-specific form and to submit it to your state environmental authority instead of the EPA.  Read: What is the status of the Generator Improvements Rule in my state?

The notification must be submitted no later than thirty (30) calendar days prior to initiating a planned episodic event.  If the episodic event is unplanned, the generator must initially notify EPA within 72 hours via phone, email, or fax and subsequently notify by submitting the 8700-12 Form.  While there is no specified time-frame for the submittal of the subsequent notification for an unplanned episodic event, I suggest you make it soon.

Note:  “episodic event” and both “planned episodic event” and “unplanned episodic event” are defined at 40 CFR 262.231.

Information on EPA Form 8700-12 for either a planned or unplanned episodic event shall include:

• Start date and end date of the episodic event.
• Reason(s) for the event.
• Type and estimated quantity of hazardous waste expected to be generated by the episodic event.
• Identification of a facility contact and emergency coordinator with 24-hour telephone access able to discuss the notification submittal or respond to an emergency.  The facility contact/emergency coordinator must be:
  • An employee of the generator.
  • On the premises or on-call.  “On-call” means able to reach the facility within a short period of time.
  • Capable of coordinating all emergency response measures.

And, of course, the remainder of the 8700-12 Form must be completed as required.

More Information:

• Summary of the Generator Improvements Rule