Most generators of hazardous waste must comply with the requirements of 40 CFR 265.30 through 265.37 (aka: Subpart C of Part 265). However, they may not realize these regulations apply to their operations or lack a firm grasp of what they must do to ensure compliance with them. All too often little effort is made to understand the hazardous waste regulations because they seem to complex to grasp. “Better”, it is thought, “to continue on with current procedures and hope any mistakes don’t result in significant violations.” I’m here to tell you that most of the RCRA regulations, either those of the US EPA or those of an authorized State, can be understood with a little time and effort.
This article is the first in a series that will look closely at each section of 40 CFR 265, Subpart C and explain its requirements, how they apply to generators of hazardous waste, and what is required for compliance. Keep in mind that the regulations of your State may differ from these Federal regulations.
We’ll begin at 40 CFR 265.30 – Applicability, to ensure you know if the regulations of this Subpart apply to you; it reads:
The regulations in this subpart apply to owners and operators of all hazardous waste facilities, except as §265.1 provides otherwise.
The first impression is that the subpart is applicable to all hazardous waste facilities (except those referenced in §265.1, more on that later); however, this is not the case. Even more misleading, the title of Part 265: Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities, might lead you to believe that Subpart C applies solely to TSDF’s. Neither of these initial impressions is entirely correct.
To determine applicability you must begin in the Part of the RCRA regulations intended for generators of hazardous waste, namely: 40 CFR 262 – Standards Applicable to Generators of Hazardous Waste. Here, in §262.34(a)(4) you will find the requirement for a Large Quantity Generator of hazardous waste, (“…a generator may accumulate hazardous waste on-site for 90 days or less without a permit…”) to comply with §265, Subpart C as a condition of its compliance with §262.34.
A Small Quantity Generator of hazardous waste (“…A generator who generates greater than 100 kilograms but less than 1000 kilograms of hazardous waste in a calendar month…”) must continue further into the section until §262.34(d)(4) to find its reference to the requirements of Subpart C of Part 265.
A Conditionally Exempt Small Quantity Generator of hazardous waste is not mentioned at all in §262.34. However, in §261.5(b) we read that the hazardous waste of a CESQG, (“A generator is a conditionally exempt small quantity generator in a calendar month if he generates no more than 100 kilograms of hazardous waste in that month.”) is not subject to the requirements of Parts 262 or 265.
In conclusion, the requirements of 40 CFR 265, Subpart C apply to the operations of the following:
- Treatment, Storage, and Disposal Facilities (TSDF)
- Large Quantity Generators of hazardous waste (LQG)
- Small Quantity Generators of hazardous waste (SQG)
The next article in the series will look at §265.31 – Maintenance and Operation of Facility.
The RCRA regulations are meant to be understood by the regulated industry and they can be; sometimes a little help is necessary. That’s what I’m here for: to provide a little help. Don’t hesitate to contact me if you have any questions about the hazardous waste regulations of the US EPA (or your State) or the HazMat Transportation regulations of the US DOT.