Very Small Quantity Generator Status and Other Proposed Hazardous Waste Management Changes

Very Small Quantity Generator (VSQG) status, formerly known as conditionally-exempt small quantity generator (CESQG) status, is one of many changes proposed by EPA in the September 25, 2015 Federal Register notice (FR notice; Vol. 80 No. 186; pgs. 57917 – 58012). The proposed rule includes, for the most part, more flexibility to facility owners/operators in managing their hazardous waste.

The more interesting proposals EPA has made in the FR notice include the following:

• Allowing VSQGs (CESQG) to send their hazardous waste to large quantity generators (LQGs) under certain conditions.  Namely, the hazardous waste at the VSQG and the LQG must be under the control of the same person (company).
• Requirements for generators to keep records for hazardous waste determinations (e.g., tests, analyses, or generator knowledge), including non-hazardous waste determinations, for 3 years. Added to that, more robust documentation of hazardous waste determination is being requested.
• Revised criteria for labeling and marking of containers, tanks, containment buildings, and satellite and central accumulation areas.
• Re-notification to EPA of generator status and facility information for SQGs.
• Changes to the episodic generation exeedance exclusion to avoid changing generator status.
• Changes to conditions in satellite accumulation areas for time and volume thresholds and open containers.

There are number of other changes EPA is considering in its proposed rule; a more detailed bulleted list is provided at the end of this blog along with links to the full text of each section of the proposed rule.

What’s not mentioned in the EPA FR notice, is that the more flexible options put forth in the proposed rule could voluntarily be adopted by each state; whereas adoption of the more stringent changes would be a requirement.

Comments are due to the EPA by November 24, 2015 – currently Environmental Standards is working with a number of industry clients to prepare a weighted response.  If you would like your industry-specific interests and concerns incorporated into the response, or if you have any specific questions about the impacts of the proposed rule please, contact Shaun Gilday.

 

Detailed summary of changes:

1. DEFINITIONS
   1. Revises/adds definitions of small quantity generator (SQG), large quantity generator (LQG), VSQG, and central accumulation area.
2. IDENTIFICATION AND LISTING OF HAZARDOUS WASTE
   1. Clearer explanation of generator status for facilities generating both acute and non-acute hazardous waste.
   2. Revises regulations surrounding the mixing of non-hazardous and hazardous waste.
   3. Allows VSQG (CESQG) to send their hazardous waste to LQGs that are operated under the control of the same person (company).
   4. Requires biennial reporting for owners or operators of facilities that recycle (but do not store) hazardous waste.
3. STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE 
   1. Revises scope and applicability section to distinguish between independent requirements and conditions for exemption for generators of hazardous waste.
   2. Revises regulations for making hazardous waste determinations.
   3. Revises the regulations for making hazardous waste determinations.
   4. Requires re-notification of generator status and facility information by SQGs.
   5. Revises the regulations for labeling and marking of containers in accumulation areas.
   6. Revises the provisions for satellite accumulations areas for SQGs and LQGs
   7. Revises the SQG regulations for accumulating hazardous waste on drip pads.
   8. Deletes obsolete regulations that refer to the Performance Track program.
   9. Revises the biennial reporting provisions for LQGs.
   10. Adds a provision that hazardous waste generators are prohibited from disposing liquid hazardous waste in landfills.
4. GENERATORS THAT TEMPORARILY CHANGE STATUS THROUGH AN EPISODIC EVENT 
   1. May be taken advantage of once every calendar year, or more through special provision.
   2. Certain conditions must be met and are enumerated.
5. STANDARDS RELATED TO TRANSPORTERS OF HAZARDOUS WASTE 
   1. Revises marking and labeling standards for transporters to be consistent with proposed marking and labeling standards for SQGs and LQGs and satellite accumulation area (SAAs).
6. STANDARDS FOR OWNERS AND OPERATORS OF TSDFs AND INTERIM STATUS FOR OWNERS AND OPERATORS OF TSDFS 
   1. Modifies to biennial reporting to include reclaimers.
   2. Allows LQGs to apply for a waiver from their local fire department if they are unable to meet the ignitable and reactive waste 50 feet from site boundary condition.
7. LAND DISPOSAL RESTRICTIONS
   1. Revises marking and labeling requirements at found in 40cfr268.50 to be consistent with container revisions previously mentioned.
8. REORGANIZATION OF HAZARDOUS WASTE GENERATOR REGULATIONS
   1. Moves VSQG regulations from 261 from 262.
9. TECHNICAL CORRECTIONS TO EXISTING ERRORS AND TYPOS
10. REQUEST FOR COMMENTS ON USE OF ELECTRONIC TOOLS TO STREAMLINE RECORD KEEPING
11. ENFORCEMENT
12. STATE AUTHORIZATION
    1. Summary of more stringent criteria in the proposed rule.