The regulations of the Resource Conservation and Recovery Act (RCRA) administered by the U.S. Environmental Protection Agency (USEPA) address the generation, identification, management, treatment, transportation, and final disposal of hazardous waste from cradle-to-grave.  Most of the regulatory responsibilities are those of the generator of the hazardous waste.  USEPA and most – but not all – states identify three hazardous waste generator status:

• Large quantity generator (LQG)
• Small quantity generator (SQG)
• Very small quantity generator (VSQG)

Of these three the majority of the regulatory burden is borne by the LQG.  The subject of this article is no exception:  Special conditions of an LQG to prevent accidental ignition or reaction of ignitable or reactive hazardous waste.  Or, more succinctly:  The No Smoking Rule.

Before we begin…

This regulations is currently found at 40 CFR 262.17 – Conditions for exemption for a large quantity generator that accumulates hazardous waste.  Prior to the implementation of the Generator Improvements Rule on May 30, 2017 it was located at 40 CFR 265, subpart I – Use and management of containers (at an interim treatment, storage, and disposal facility).  The move was part of the reorganization of the hazardous waste regulations undertaken as part of the rule to improve understanding of the regulations.

Applicability and scope:

• This regulation applies solely to an LQG.  It does not apply to SQG or VSQG.
• Waste subject to this regulation is limited solely to Ignitable (D001) and Reactive (D003).
• This regulation does not apply to hazardous waste accumulated in/on containment buildings, drip pads, or tanks.  It applies solely to hazardous waste accumulated in containers.
• The special conditions for accumulation of ignitable and reactive wastes has two parts.  The first (the Fifty Foot Rule) I addressed in an earlier article.  The second requirement of that paragraph is the subject of this article:  the No Smoking Rule.

How does the regulation (40 CFR 262.17(a)(1)(vi)(B)0 read?

The large quantity generator must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste must be separated and protected from sources of ignition or reaction including but not limited to the following: Open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (e.g., from heat-producing chemical reactions), and radiant heat. While ignitable or reactive waste is being handled, the large quantity generator must confine smoking and open flame to specially designated locations. “No Smoking” signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.

LQG responsibilities for accumulation of ignitable (D001) or reactive (D003) hazardous waste in containers are:

• “…must take precautions to prevent…”  That’s vague.  There’s no indication here of what precautions the LQG must take to prevent accidental ignition or reaction of ignitable or reactive waste.  That ambiguity leaves more room for inspector interpretation and agency enforcement.
• “…separated and protected from…”  Again, vague.  The regulation do go on to list some – not all – of the sources of ignition or reaction from which the waste must be protected:
  • Open flames
  • Smoking (I assume this to mean a person smoking a tobacco product).
  • Cutting and welding
  • Hot surfaces
  • Frictional heat
  • Sparks (static, electrical, or mechanical)
  • Spontaneous ignition (e.g., from heat-producing chemical reactions)
  • Radiant heat

• The reference to ignitable or reactive waste “being handled” refers to activities outside of routine accumulation in a container.  Examples of “being handled” may include but not limited to the adding or removing waste from a container or the on-site treatment of that waste.  During this “handling” smoking (again I assume this to mean a person’s use of tobacco products) and open flame must be confined to specially designated locations; e.g. a smoking area.
• And…”No Smoking” signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.  This could be any area where these wastes are accumulated, stored, or handled unless you somehow have a system in place that removes the hazard presented by these wastes.
• “Conspicuously” is defined as:  “in a clearly visible way” or “in a way that attracts notice or attention”.

It’s the last point of this regulation that has the most tangible affect on your facility:  You must install “No Smoking” signs wherever an ignitable or reactive hazardous waste is accumulated, stored, or handled.

Question:  Our entire facility is “Smoke Free” and has been for years.  Our company does not allow the smoking of any tobacco products of any kind (including vapes) on company property.  Surely we don’t have to post “No Smoking” signs near our hazardous waste accumulation areas?

Answer:  Yes you do.  In this letter of interpretation (RO14036) USEPA makes clear the following:

There is no exemption for a facility with a “Tobacco-free” policy.

And…

The regulations absolutely require posting at least a “No Smoking” sign.

Easy to comply with.  Easy to overlook.  A large quantity generator has a lot of responsibilities and this is just one of them.  Another is to provide your hazardous waste personnel with initial and annual RCRA Training.  I can provide you with this mandated training and answer your questions too.