The option to manage hazardous waste in a satellite accumulation area (SAA) in addition to or instead of a central accumulation area (CAA) is available to both the large quantity generator of hazardous waste (LQG) and small quantity generator of hazardous waste (SQG). When accumulated in a SAA hazardous waste containers are subject to less regulation than when accumulated in a CAA.
Not sure of your hazardous waste generator category?
Made several revisions to the regulations for accumulation and management of hazardous waste in a SAA.
The purpose of this article is to provide one source for the series of articles I will write identifying and explaining the changes made by the Generator Improvements Rule to the regulations for the accumulation of hazardous waste in a satellite accumulation area (SAA).
The U.S. Environmental Protection Agency (USEPA) proposed six changes to the regulations for SAAs. In addition to these six proposed regulatory changes, USEPA discussed two additional issues in the preamble to the proposed rule. In the end, USEPA finalized the six proposed changes with three additional minor changes for a total of nine regulatory changes. It also took non-regulatory actions based on the two issues addressed in the preamble.
The nine changes to the satellite accumulation area regulations by the Generator Improvements Rule are:
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Conclusion:
If you use SAAs for the on-site accumulation of hazardous waste, your Hazardous Waste Personnel Training must include them. Otherwise, you run the risk of a violation of Federal or State regulations. Contact me for the training you are required to provide to Hazardous Waste Personnel regardless of your generator category.
A question from a former customer on February 14, 2018:
Hello Daniel,
I attended one of your training sessions several years ago and enjoy your newsletters.
My question is regarding VSQG changes. I’m pretty sure all of our sites probably fit into this category as we rarely deal with hazardous waste. Usually it’s either lab or process chemicals that are no longer needed.
So, I guess I have a couple questions:
I’ve heard that VSQGs will be required to register but Arizona still has not adopted the EPA’s Generator Improvements Rule so our state agency (Arizona Department of Environmental Quality or ADEQ) is being very closed mouthed at this time. At the time of this writing ADEQ had not yet adopted the Generator Improvements Rule. It did on February 5, 2019. Read about the status of the Generator Improvements Rule in your state.
If we contract a hazardous waste hauler, are we the generator or are they? I’m assuming it would be us because of the cradle to grave thing.
Keep up the good work!
Thank you,
Not sure of your hazardous waste generator status?
The generator of a hazardous waste is the person by site or act who generates the hazardous waste. That would be you. The hauler is the hazardous waste transporter. You are correct that you have a cradle-to-grave responsibility for the hazardous waste you generate.
The purpose of this article is to identify and explain the regulatory responsibilities at 40 CFR 262.13(f) for a hazardous waste generator if it mixes its hazardous waste with non-hazardous waste. (more…)
A generator of hazardous waste must conduct a hazardous waste determination for all solid waste it generates. This requirement is codified in federal regulations at 40 CFR 262.11. A solid waste is defined and explained at 40 CFR 261.2, but for the purposes of this article you may think of a solid waste as any discarded solid, liquid, semi-solid, or containerized gas; pretty much anything you throw away.
The Generator Improvements Rule went into effect on May 30, 2017 in the federal regulations of the U.S. Environmental Protection Agency (USEPA) and in those states that lack an authorized hazardous waste program. Since that date, states with an authorized hazardous waste program have the option of adopting all of the 60+ changes to the generator regulations or only those that are more stringent than existing regulations.
Since all of the revisions made by the Generator Improvements Rule to the regulations of the hazardous waste determination are more stringent than existing regulations, every state must either adopt these revisions or create its own that are even more stringent. This article will address the hazardous waste determination as revised by the Generator Improvements Rule found at 40 CFR 262.11 of the USEPA regulations.
A person who generates a solid waste must make an accurate determination as to whether it is a hazardous waste. This determination must be made using the steps specified in §262.11.
A “person” as that term is used by USEPA – and is defined at §260.10 – includes an individual, a business, or branch of government. This means that every hazardous waste generator – no matter its status – must complete the hazardous waste determination.
The determination is the sole responsibility of the generator of the waste. Though it may be made by someone else: broker, consultant, transporter or TSDF, in the end it is the generator who will be held responsible for making an accurate determination.
Generators are, and always have been, ultimately responsible for making accurate hazardous waste determinations. (November 28, 2018; 81 FR 85750)
And…
A generator’s failure to properly analyze, label, and accumulate waste does not exempt the waste from regulation. (RO 11424).
The Generator Improvements Rule codified the requirement that a generator make an “accurate” determination. In other words, you must get it right.
While the regulations prior to the Generator Improvements Rule required the generator to conduct the hazardous waste determination using a specified “method”, the revised regulations require the generator to follow specified “steps”. This change to one word puts a stronger emphasis on the generator responsibility to follow through precisely as required by USEPA to conduct the hazardous waste determination.
Q: I’m a very small quantity generator of hazardous waste or VSQG (known as a conditionally exempt small quantity generator or CESQG prior to the Generator Improvements Rule). I don’t have to complete the hazardous waste determination, right?
A: Wrong. One of the conditions for exemption of a VSQG found at §262.14(a)(2) is that it “…complies with §262.11(a) through (d).” This takes the VSQG all the way through the hazardous waste determination but stops short of paragraphs (e), (f), & (g) which are explained below.
The addition of the word accurate to §262.11, though a small change, has a significant impact and is worth further explanation.
From Merriam-Webster:
Definition of accurate
1 : free from error especially as the result of care
an accurate diagnosis
2 : conforming exactly to truth or to a standard : EXACT
providing accurate color
3 : able to give an accurate result
an accurate gauge
4 : going to, reaching, or hitting the intended target : not missing the target
an accurate shot/kick
The revised text indicates an accurate hazardous waste determination must be made, “in order to ensure wastes are properly managed according to applicable RCRA regulations.” In other words, the purpose of an accurate determination is to make certain the waste (hazardous or non-hazardous) is managed in compliance with the regulations.
The use of “accurate” in §262.11 and its absence elsewhere in the regulations is not meant to imply that other compliance activities can be inaccurate.
The inclusion of the language, “in order to ensure wastes are properly managed according to applicable RCRA regulations.” allows for the over-management of a waste. In other words, a generator may choose to manage their non-hazardous waste as a hazardous waste in order to ensure, beyond a doubt, proper and protective management of the waste.
“Steps”?
A hazardous waste determination must be made at the point of generation and continue throughout its management. It must be made by the generator using the following steps in this sequence:
Determine the point of generation for the solid waste.
Determine if the solid waste is excluded from regulation at §261.4.
If not excluded, determine if it is a listed hazardous waste per §261, subpart D.
Then, determine if it is a characteristic hazardous waste per §261, subpart C.
Maintain a record of the hazardous waste determination.
Identify all applicable hazardous codes prior to shipping the waste off-site.
Notice that this is the hazardous waste determination and not a solid waste determination. In fact, the regulations at §262.11 don’t explicitely direct a hazardous waste generator to identify the generation of a solid waste. However, the opening language of the regulation reads: “A person who generates a solid waste, as defined in 40 CFR 261.2…” So, it is necessary to identify the generation of a solid waste before you can determine the presence of a hazardous waste. Also, as noted below, the hazardous waste determination must begin at the point of generation, which is the moment a material is discarded and becomes a solid waste.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
When must the hazardous waste determination be made?
Though a long-standing policy and position of the USEPA that a hazardous waste determination be made at the point of generation, the Generator Improvements Rule codified this language at §262.11(a).
Hazardous waste determination must be made at the point of generation before any dilution, mixing, or other alteration that may change the waste. Point of generation includes both the time and place the waste was first generated (81 FR 85750).
It is critical, therefore, that the generator determine the exact point of generation of the waste. Any dilution, mixing, or alteration of the waste after this point may be regulated as treatment.
The determination must continue throughout the cradle-to-grave management of the waste. That requires the generator to know the qualities of its waste, the conditions it will face during management, and to anticipate the changes it may undergo. For example, a solution of a non-hazardous waste may – over time – separate into two or more phases, one of which may display a characteristic of a hazardous waste.
Excluded from regulation? Really?
USEPA regulations include many exclusions from regulation. §262.11(b) now mandates that the generator determine if any of them apply to its waste. If the generator can meet the conditions of one of these exclusions the solid waste may not be a hazardous waste or – even better – it may not be a solid waste at all and remain a material. If any of these exclusions apply – and the generator chooses to utilize it – the hazardous waste determination will end right there.
40 CFR 261.4 includes the following exclusions from regulation:
But what if the solid waste is not excluded at 40 CFR 261.4?
If not excluded at §261.4, the generator must then use their knowledge of the waste to determine if it is a listed hazardous waste. At §262.11(c) the new regulations of the Generator Improvements Rule mandate that solely generator knowledge be used to identify a listed hazardous waste. It also identified what is acceptable to use as knowledge.
The four (4) types of listed hazardous waste regulated by USEPA are identified at §261, subpart D.
Acceptable knowledge for completing this step of the hazardous waste determination may include:
Waste origin
Waste composition
The process producing the waste
Feedstock
Other reliable and relevant information
If it has an authorized hazardous waste program, your state may identify and regulate listed hazardous waste in addition to those of the USEPA.
The determination of a listed hazardous waste is based solely on generator knowledge. It does not require the testing of a representative sample.
If listed, a generator may submit a de-listing petition to USEPA or its state per §260.20 & §260.22 to demonstrate the waste is not a hazardous waste.
That takes care of listed hazardous waste. What about characteristic hazardous waste?
The generator must also determine if the waste exhibits one or more hazardous characteristics using either generator knowledge, testing of a representative sample if knowledge is inadequate, or a combination of both. This represents a change from the original regulations at §262.11(c) which required the use of either testing or knowledge to determine the characteristic, but not both. These regulations are now found at §262.11(d) and divided into two paragraphs: (1) for the use of knowledge and (2) for the testing of a representative sample.
The four (4) types of characteristic hazardous waste regulated by USEPA are identified at §261, subpart C.
The determination of hazardous waste characteristics is required whether or not the waste was earlier (at §262.11(c)) identified as a listed hazardous waste.
The determination of a characteristic hazardous waste must first be made using knowledge of the waste. If that knowledge is inadequate to make an accurate determination the generator must then test a representative sample. However, if knowledge is adequate to make an accurate determination the testing of a representative sample is not required.
For the purposes of this step of the determination, acceptable knowledge may include:
Process knowledge (e.g., information about chemical feedstocks and other inputs to the production process).
Knowledge of products, by-products, and intermediates produced by the manufacturing process.
Chemical or physical characterization of wastes.
Information on the chemical and physical properties of the chemicals used or produced by the process or otherwise contained in the waste.
Testing that shows the properties of the waste.
Other reliable and relevant information about the properties of the waste or its constituents.
Testing of a representative sample of the waste by other than an approved method (found at §261, subpart C) or an equivalent test method approved by USEPA per §260.21, may be done and considered as generator knowledge. However, such unapproved tests do not, by themselves, provide definitive results.
When available knowledge is inadequate to accurately determine if a waste displays the characteristic of a hazardous waste, the generator must do the following:
Obtain a representative sample of the waste as that term is defined at §260.10.
Test the sample according to the applicable methods of §261, subpart C or an equivalent method approved by USEPA per §260.21.
The results of a test properly performed per the requirements of §261, subpart C (but not §260.21) are definitive for the purposes of determining a hazardous waste characteristic.
What if the determination reveals a hazardous waste?
If the waste is determined to be hazardous the generator must refer to the specified parts of Title 40 for other possible exclusions or restrictions specific to the waste.
The specified parts are as follows:
261 – Identification and listing of hazardous waste
264 – Standards for owners and operators of treatment, storage, and disposal facilities
265 – Interim standards for owners and operators of treatment, storage, and disposal facilities
266 – Standards for the management of specific hazardous waste and specific types of hazardous waste management facilities
267 – Standards for owners and operators of hazardous waste facilities operating under a standardized permit
268 – Land disposal restrictions
273 – Standards for universal waste management
But, where’s the used oil? A material meeting the definition of used oil is subject to regulation at §279 and not those for a hazardous waste generator. The generator of a used oil is not subject to the hazardous waste determination. (RO 14054)
This paragraph of these regulations is unchanged from its form before the Generator Improvements Rule, though its citation has changed (it used to be at §262.11(d)).
Recordkeeping:
Created entirely new by the Generator Improvements Rule, this paragraph at §262.11(f) details the applicability of and requirements for maintaining records of the hazardous waste determination. A small or large quantity generator must maintain records supporting its hazardous waste determinations, including records that identify whether a solid waste is a hazardous waste.
Prior to the Generator Improvements Rule the requirement for maintaining records of a hazardous waste determination was located at §262.40(c). It was moved to §262.11 to highlight the importance of the recordkeeping requirement to the hazardous waste determination. A reference to §262.11(f) remains at §262.40(c).
Though proposed, the Generator Improvements Rule did not finalize a requirement for generators to maintain records of their non-hazardous waste determination; though it is recommended as a best management practice. So, if an accurate hazardous waste determination results in the determination of a non-hazardous waste, the generator is not required to maintain a record of that determination. However, some states may be more stringent than federal regulations and may therefore require a generator to maintain records of a non-hazardous waste determination.
Q: Does an inspector have the authority to ask for a hazardous waste determination be performed – or a record of one be provided – for a non-hazardous waste?
A: Yes. “When situations warrant, inspectors have the authority to ask that a hazardous waste determination be performed by the generator in the absence of any documentation and the attributes of the waste suggest a potential problem.” (81 FR 85754)
Records of a hazardous waste determination must be maintained for at least three (3) years from the date the waste was last sent to on-site or off-site treatment, storage, or disposal. Of course, record retention is extended automatically during an enforcement action or as requested by USEPA.
The records must comprise the generator’s knowledge of the waste and support the generator’s determination of the waste as either a listed or characteristic hazardous waste.
The records must include, but are not limited to, the following types of information:
The results of any tests, sampling, waste analyses, or other determinations made for the hazardous waste determination.
Records documenting the tests, sampling, and analytical methods used to demonstrate the validity and relevance of such tests.
Records consulted in order to determine the process by which the waste was generated, the composition of the waste, and the properties of the waste.
Records which explain the knowledge basis for the generator’s determination of a hazardous waste characteristic.
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Hazardous waste codes:
Also new thanks to the Generator Improvements Rule, §262.11(g) requires the generator (small and large quantity generator only) to identify all USEPA hazardous waste codes (aka: hazardous waste numbers) applicable to the waste.
Of course, this step need only be taken if the waste is determined to be a hazardous waste since only a hazardous waste has hazardous waste codes.
The generator must identify all applicable hazardous waste codes prior to offering the hazardous waste for off-site transportation. It is not necessary to identify waste codes at the point of generation. However, SQGs and LQGs may have waste management practices in place and choose to identify the RCRA waste codes sooner than prior to off-site shipment.
Federal hazardous waste codes are identified in subpart C and D of part 261.
A state may have waste codes in addition to those of the USEPA. In that case state regulations will require their identification as well.
As part of the pre-transport requirements of §262.32, a small quantity generator and large quantity generator must mark its containers with all applicable hazardous waste codes prior to offering for off-site transportation. Read: Marking of a Hazardous Waste Container for Off-Site Transportation.
The very small quantity generator is not required to identify the hazardous waste codes applicable to its hazardous waste.
Done!
Remember, the hazardous waste determination is only the first step of your responsibilities as a hazardous waste generator. After you have completed the hazardous waste determination you must count your hazardous waste generation and determine your hazardous waste generator status (both of these regulations were also changed by the Generator Improvements Rule, but that’s an article for a later date).
While the in-depth analysis of that article will assist you in understanding and complying with this very important regulation, it may also be of assistance to you to see – side-by-side – the applicable regulations before and after the changes of the Generator Improvements Rule. That is the purpose of this article.
262.11 Hazardous Waste Determination and Record keeping
New - 262.11
Old - 262.11
A person who generates a solid waste, as defined in 40 CFR 261.2, must make an accurate determination as to whether that waste is a hazardous waste in order to ensure wastes are properly managed according to applicable RCRA regulations. A hazardous waste determination is made using the following steps:
A person who generates a solid waste, as defined in 40 CFR 261.2, must determine if that waste is a hazardous waste using the following method:
(a) The hazardous waste determination for each solid waste must be made at the point of waste generation, before any dilution, mixing, or other alteration of the waste occurs, and at any time in the course of its management that it has, or may have, changed its properties as a result of exposure to the environment or other factors that may change the properties of the waste such that the RCRA classification of the waste may change.
(b) A person must determine whether the solid waste is excluded from regulation under 40 CFR 261.4.
(a) He should first determine if the solid waste is excluded from regulation under 40 CFR 261.4.
(c) If the waste is not excluded under 40 CFR 261.4, the person must then use knowledge of the waste to determine whether the waste meets any of the listing descriptions under sub part D of 40 CFR part 261. Acceptable knowledge that may be used in making an accurate determination as to whether the waste is listed may include waste origin, composition, the process producing the waste, feed stock, and other reliable and relevant information. If the waste is listed, the person may file a delisting petition under 40 CFR 260.20 and 260.22 to demonstrate to the Administrator that the waste from this particular site or operation is not a hazardous waste.
(b) He must then determine if the waste islisted as a hazardous waste in sub part D of 40 CFR part 261
(d) The person then must also determine whether the waste exhibits one or more hazardous characteristics as identified in sub part C of 40 CFR part 261 by following the procedures in the paragraph (d)(1) or (2) of this section or a combination of both.
(1) The person must apply knowledge of the hazard characteristic of the waste in light of the material or the processes used to generate the waste. acceptable knowledge may include process knowledge (e.g., information about chemical feed stocks and other inputs to the production process); knowledge of products, by-products, and intermediates produced by the manufacturing process; chemical or physical characterization of wastes; information on the chemical and physical properties of the chemical used o produced by the process or otherwise contained waste; testing that illustrates the properties of the waste; or other reliable or relevant information about the properties of the waste or its constituents. A test other than a test method set forth in sub part C of 40 CFR part 261, or an equivalent test method approved by the Administrator under 40 CFR 260.21, may be used as part of a person's knowledge to determine whether a solid waste exhibits a characteristic of a hazardous waste. However, such tests do not, by themselves, provide definitive results. Persons testing their waste must obtain a representative sample of the waste for the testing, as defined at 40 CFR 260.10.
(2) When available knowledge is inadequate to make an accurate determination, the person must test the waste according to the applicable methods set forth in sub part C of 40 CFR part 261 or according to an equivalent method approved by the Administrator under 40 CFR 260.21 and in accordance with the following:
(i) Persons testing their waste must obtain a representative sample of the waste for testing, as defined in 40 CFR 260.10.
(ii) where a test method is specific in sub part C of 40 CFR part 261, the results of the regulatory test, when poperly performed, are definitive for determining the regulatory status of the waste.
(c) For purposes of compliance with 40 CF part 268, or if the waste is not listed in sub part D of 40 CFR part 261, the generator must then determine whether the waste is identified in sub part C of 40 CFR part 261 by either:
(1) Testing the waste according to the methods set forth in subpart C of 40 CFR part 261, or according to an equivalent method appoved by the Administrator under 40 CFR 260.21; or
(2) Applying knowledge of the hazard characteristics of the waste in light of the materials or the processes used.
(e) If the waste is determined to be hazardous, the generator must refer to parts 261, 264, 265, 266, 267, 268, and 273 of this chapter for other possible exclusions or restrictions pertaining to the management of the specific waste.
(d) If the waste is determined to be hazardous, the generator must refer to parts 261, 264, 265, 266, 267, 268, and 273 of this chapter for other possible exclusions or restrictions pertaining to the management of the specific waste.
(f) Record keeping for small and large quantity generators. A small or large quantity generator must maintain records supporting its hazardous waste determinations, including records that identify whether a solid waste is a hazardous waste, as defined by 40 CFR 261.3. Records must be maintained for at least three years from the date that the waste was last sent to on-site or off-site treatment, storage, or disposal. These records must comprise the generators's knowledge of the waste and support the generator's determination, as described at paragraphs (c) and (d) of this section. The records must include, but are not limited to, the following types of information: the results of any test, sampling, waste analyses, or other determinations made in accordance with this section, records documenting the tests, sampling, and analytical methods used to demonstrate the validity and relevance of such tests; records consulted in order to determine the process by which the waste was generated, the composition of the waste, and properties of the waste; and records which explain the knowledge basis for the generator's determination, as described at paragraph (d)(1) of this section. The periods of record retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Administrator.
(g) Identifying hazardous waste numbers for small and large quantity generatos. If the waste is determined to be hazardous, small quantity generators and large quantity generators must identify all aplicable EPA hazardous waste numbers (EPA hazardous waste codes) in sub part C and D of part 261 of this chapter prior to shipping the waste off site, the generator also must mark its containers with all applicable EPA hazardous waste numbers (EPA hazardous waste codes) according to §262.32.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
In an earlier article I explained all of the new marking and labeling requirements for all stages of hazardous waste management (central accumulation area, satellite accumulation area, preparation for off-site transportation, 10-day transfer site, and treatment, storage, and disposal facility or TSDF) for all hazardous waste accumulation units (container, tank ,drip pad, & containment building) at all hazardous waste handlers (generator, transporter, or TSDF) of the Generator Improvements Rule. Read it here if you’re interested: Marking and Labeling of Hazardous Waste Accumulation Units Under the Generator Improvements Rule.
For this article I decided to focus on just one very important requirement: the labeling and marking of a hazardous waste container by the generator to prepare for off-site transportation and its revision under the Generator Improvements Rule.
Before we begin…
These regulations apply solely to a large quantity generator (LQG) and small quantity generator (SQG) of hazardous waste. They do not apply to the (recently renamed) very small quantity generator (VSQG).
Not sure of your hazardous waste generator status?
Very little has changed under the Generator Improvements Rule for the marking of a container of hazardous waste at an SQG or LQG prepared for off-site transportation. The regulations are found at 40 CFR 262.32(b-d). Prior to the Generator Improvements Rule it required solely the following:
“Hazardous Waste”
“Federal Law Prohibits Improper Disposal. If found, contact the nearest police or public safety authority or the U.S. Environmental Protection Agency.”
Generator’s Name and Address ____.
Generator’s EPA Identification Number ____.
Manifest Tracking Number ____.
As of the effective date of the Generator Improvements Rule a container of hazardous waste prepared for off-site transportation must now include the following in addition to the above:
EPA Hazardous Waste Number(s) ____.
Note:
Lab packs that will be incinerated in compliance with §268.42(c) are not required to be marked with EPA Hazardous Waste Number(s), except D004, D005, D006, D007, D008, D010, and D011, where applicable.
A generator may use a nationally recognized electronic system, such as bar coding, to identify the EPA Hazardous Waste Number(s).
This requirement applies solely to containers with a capacity of 119 gallons or less (i.e. what USDOT refers to as a non-bulk packaging).
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
The Generator Improvements Rule created ~60 changes to the Federal regulations of the USEPA for the management of hazardous waste. Some of those changes are significant; such as the allowance for Episodic generation of hazardous waste by a VSQG or SQG. (Read: Episodic Generation of Hazardous Waste for a VSQG or Episodic Generation of Hazardous Waste for an SQG). Some were minor but critical; such as creating a definition for a commonly used term like the Central Accumulation Area at 40 CFR 260.10. And others are just typographical, like this one.
40 CFR 261.6(c)(6) used to read:
“Scrap metal” is bits and pieces of metal parts (e.g.,) bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.
Now it reads:
“Scrap metal” is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.
Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste
It’s the superfluous end parenthesis “)” after the first “e.g.,” It used to look like this: (e.g.,) and now looks like this: (e.g.,
Just a minor typographical error. It doesn’t impact the definition of scrap metal at all. But for those of us interested in the details of the regulations it is a relief to see even these minor corrections.
The Generator Improvements Rule contains a lot more changes. Some of them are significant enough to affect your day-to-day compliance status when managing hazardous waste. Make certain you have satisfied yourself of the following:
The Generator Improvements Rule went into affect at the Federal level and in states lacking an authorized hazardous waste program on May 30, 2017. The new rule contained approximately 60 changes to existing RCRA regulations. Some of the changes were less strict than existing regulation, e.g. episodic generation of hazardous waste for a small quantity generator; some were neither less strict nor more strict, e.g. changing the name of a conditionally exempt small quantity generator to a very small quantity generator; and some were more strict than existing regulations, e.g. requiring an LQG to add a “quick reference guide” to their contingency plan.
This matters because states must adopt the regulations of the new rule under the following schedule:
The entirety of the new rule went into affect on May 30, 2017 in states lacking an authorized hazardous waste program.
Both New Jersey and Pennsylvania immediately adopt all changes to USEPA regulations despite the fact that they maintain an authorized hazardous waste program. Therefore, the entirety of the new rule went into affect in these two states on May 30, 2017.
States with an authorized hazardous waste program are under no responsibility to adopt provisions of the new rule that are less strict than existing regulations or those that are neither more nor less strict than existing regulations.
States with an authorized hazardous waste program must adopt provisions of the new rule that are more strict than existing regulations unless their state regulations are already more strict. Example: Kentucky did not adopt the new requirement for a small quantity generator (SQG) of hazardous waste to re-notify every four years since in Kentucky SQGs are already required to re-notify annually. If a state must adopt a more strict regulation it must do so under the following schedule:
More strict regulations must be adopted by July 1, 2018.
More strict regulations must be adopted by July 1, 2019 if a change to state law is required.
So what are the more strict requirements of the Generator Improvements Rule?
Hazardous waste in a satellite accumulation area is subject to incompatibility requirements.
Hazardous waste in a satellite accumulation area is subject to preparedness and prevention and the contingency plan.
Labeling and marking of hazardous waste accumulation areas.
Labeling and marking of hazardous waste containers prior to off-site transportation.
A Small Quantity Generator (SQG) of hazardous waste must re-notify every four years.
A Large Quantity Generator (LQG) must submit biennial report for all hazardous waste generated in a reporting year.
Facilities that recycle hazardous waste without prior on-site storage must prepare and submit a biennial report.
An LQG updating its contingency plan must include a ‘quick reference guide’.
An LQG must notify USEPA or state of planned facility closure.
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.
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.
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
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.
