Federal regulations of the U.S. Environmental Protection Agency (USEPA) mandate a small quantity generator of hazardous waste (SQG) take certain precautions to prepare for and prevent hazardous waste emergencies and to take certain measures if one were to occur. These regulations are found within the SQG conditions of exemption at 40 CFR 262.16:
- 40 CFR 262.16(b)(8) Preparedness and prevention
- 40 CFR 262.16(b)(9) Emergency procedures
This article is the first in a series that closely examines these regulations and attempts to make them understandable.
The purpose of this article: 40 CFR 262.16(b)(8)(i) Maintenance and operation of facility.
Before we begin…
These regulations were revised by the Generator Improvements Rule. If your state has not yet adopted the new rule you must continue to comply with the earlier version until it does. You may read an article explaining the earlier version of the regulations (prior to implementation of the Generator Improvements Rule) here.
After your state adopts the Generator Improvements Rule, it may choose to make its version of these regulations more stringent and more broad than these Federal regulations. The actions of your state will vary based on whether or not it has an authorized hazardous waste program. Be sure to check the regulations of your state to ensure compliance.
Scope and applicability:
The regulations addressed in this article are applicable to a SQG only. The regulations applicable to a large quantity generator of hazardous waste (LQG) are exactly the same as those for a SQG described here but found elsewhere in the regulations (40 CFR 262, subpart M). If you are a LQG please refer to this article for your version of these regulations: The Requirements of 40 CFR 262.251 Maintenance and Operation of Facility
Or, you may refer to the entire Preparedness, Prevention, and Emergency Response Procedures for a Large Quantity Generator of Hazardous Waste.
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As explained in more detail later in this article, these regulations solely apply to those areas of a SQG where hazardous waste is:
- Generated, i.e., the point of generation.
- Accumulated, i.e., central accumulation area and satellite accumulation area.
40 CFR 262.16(b)(8)(i) reads:
(8) Preparedness and prevention—(i) Maintenance and operation of facility. A small quantity generator must maintain and operate its facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.
What changed?
Some minor changes were made to these regulations by the Generator Improvements Rule. The changes made will be addressed in this article.
What does it mean?
This paragraph states the goal of all of the regulations for preparedness, prevention, and emergency response at a SQG: to prevent damage to human health or the environment due to a release of a hazardous waste, but it does not establish any specific procedures to accomplish this goal. Instead, the agency uses deliberately vague language to place the burden of compliance on the SQG.
The inclusion of the term “small quantity generator” is a small change in the wording of the regulation with a significant change in impact. This text, along with the location of these regulations in the conditions for exemption for a small quantity generator that accumulates hazardous waste (§262.16), limit the applicability solely to a SQG.
The responsibility of the SQG is to maintain and operate its facility to minimize the possibility of any of the following:
- Fire
- Explosion
- Any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents.
To any of the following which could threaten human health or the environment:
- Air
- Soil
- Surface water
The use of the word “facility” may mislead a SQG into thinking these regulations are applicable to all areas of its facility and all operations. This is not the case. In the preamble to the final rule in the Federal Register, USEPA stated its primary objective was to ensure these regulations do not apply to the entire facility (November 28, 2016, FR 81, 85792). However, USEPA did clarify that these regulations – and all preparedness, prevention, and emergency response procedures of both SQG and LQG – are applicable to all areas of a facility where hazardous waste is:
- Generated. This means all points of generation.
- Accumulated. This includes both central accumulation area(s) (CAA) and satellite accumulation area(s) (SAA).
- Those areas where allowable treatment of hazardous waste may occur in accumulation units (November 28, 2016, FR 81, 85792).
- Areas where hazardous waste are stored prior to off-site transportation.
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Prior to the Generator Improvements Rule agency guidance and enforcement limited the applicability of these regulations solely to hazardous waste in the CAA and did not include the SAA. To clarify its position in the preamble, USEPA also added the following to the revised regulations for SAAs at §262.15(a)(7):
All satellite accumulation areas operated by a small quantity generator must meet the preparedness and prevention regulations of §262.16(b)(8) and emergency procedures of §262.16(b)(9).
Other text and its meaning:
“…to minimize the possibility…” Thus, prevention of an occurrence is not required, merely efforts to reduce the chances of one of the incidents indicated.
“…fire, explosion…” Not just a spill or release of hazardous waste. And, note that these two prescribed incidents precede any reference to hazardous waste. It could, therefore, be interpreted that you may be held responsible for fires or explosions that are not related to the generation or accumulation of hazardous waste.
“…or any unplanned sudden or non-sudden release of hazardous waste…” Here is the first reference to hazardous waste as a source of a prescribed incident. The release must be unplanned, and thus not part of a permitted wastewater discharge or air emission. And it may be a sudden or non-sudden release, meaning that it may be the type of catastrophic event you can’t help but notice right away (an open 55-gallon drum hazardous waste is knocked over) or something that may take place, and go unnoticed, over a longer period of time (the slow leak of a hazardous waste from a container or tank).
“…or hazardous waste constituents…” Not necessarily hazardous wastes, but the components of a hazardous waste. Thus if a hazardous waste were to degrade or leach from an accumulation unit in such a way that only the constituents of the original hazardous waste were detected, you would still be in violation of this regulation.
Conclusion:
Notice the lack of any requirements on how the SQG is to comply with these regulations. More specific requirements are documented in the remainder of §262.16(b)(8-9) and will be the subject of later articles in this series.
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The next article: 40 CFR 262.16(b)(8)(ii) Required equipment
While striving for compliance with these regulations, don’t forget that some form of training – though not required for a SQG in the same manner as a LQG – is a good way to ensure your compliance with all of the USEPA – and state – regulations applicable to a small quantity generator of hazardous waste.