Both large quantity generators (LQG) and small quantity generators (SQG) of hazardous waste are required by federal regulations of the United States Environmental Protection Agency (USEPA) to take certain measures and have available certain equipment in order to prevent hazardous waste emergencies from occurring and to be prepared to respond to them if they do.  In the past the Preparedness and Prevention regulations for both LQG and SQG were the same and were found at 40 CFR 265, subpart C.

The Generator Improvements Rule made some changes to these regulations.

• Moved them from their former location for both LQG and SQG to distinct locations for each generator.
• Made several revisions to the regulations applicable to both LQG and SQG.

In an earlier series of articles I identified and explained the requirements of 40 CFR 265, subpart C Preparedness and Prevention for a LQG and SQG prior to the Generator Improvements Rule.  All of those articles are summarized here.  You may also research the requirements of 40 CFR 265, subpart D Contingency plan and emergency procedures (applicable solely to a LQG) here.  If your state has not yet adopted the Generator Improvements Rule, then these regulations are still applicable to your facility.

The purpose of this article is to provide one source for the series of articles I will write identifying and explaining the requirements of 40 CFR 262.16(b)(8) for preparedness and prevention and those of §262.16(b)(9) for emergency procedures at a small quantity generator of hazardous waste.

How these regulations apply to a large quantity generator of hazardous waste  – found at 40 CFR 262, subpart M from a referral at §262.17(a)(6) – are addressed in this article:  Preparedness, Prevention, and Emergency Procedures for Large Quantity Generator of Hazardous Waste

Before we begin…

• These regulations like many others were moved from their previous location to a new one within Title 40 by the Generator Improvements Rule.  Formerly found at 40 CFR 265, subpart C (an SQG was referenced to them by §262.34(d)(4)) they now reside entirely within the Conditions for Exemption for a Small Quantity Generator That Accumulates Hazardous Waste at §262.16(b)(8).  Read about the Reorganization of the Regulations Under the Generator Improvements Rule.
• One thing stayed the same for the hazardous waste generator emergency preparedness and prevention regulations:  they are the same requirements for both LQG and SQG despite now being in separate locations within the regulations.  What that means is that whether you are an SQG or an LQG, you have the same responsibility for preparedness and prevention of hazardous waste emergencies.
• The regulations for emergency procedures (§262.16(b)(9) for SQG and §262.260 through §262.265 for LQG) are substantially different for the two generator categories.

Are you prepared to respond to a hazardous waste emergency?

The regulations for preparedness and prevention at a small quantity generator of hazardous waste:

• §262.16(b)(8)(i) Maintenance and operation of facility
• §262.16(b)(8)(ii) Required equipment
• §262.16(b)(8)(iii) Testing and maintenance of equipment
• §262.16(b)(8)(iv) Access to communications or alarm systems
• §262.16(b)(8)(v) Required aisle space
• §262.16(b)(8)(vi) Arrangements with local authorities

Is that it?

No, because, as noted above, a SQG must also comply with the Emergency Procedures of §262.16(b)(9):

• §262.16(b)(9)(i) Emergency coordinator
• §262.16(b)(9)(ii) Post emergency information
• §262.16(b)(9)(iii) Ensure familiarity with emergency procedures (training)
• §262.16(b)(9)(iv) Emergency procedures