The EPA recently published a much-needed update to the Resource Conservation and Recovery Act (RCRA) hazardous waste generator regulations. These rules will go into effect on May 30, 2017 and will impact the way your company does business with over 60 changes. We look forward to seeing you at our February 7, 2017 RCRA class to dive into the details but here’s a quick summary of the changes for now:
Provisions to increase flexibility for generators of hazardous wastes
- Allowing very small quantity generators (VSQGs) (previously known in the federal regulations as “conditionally exempt small quantity generators”- CESQGs) to send hazardous waste to a large quantity generator (LQG) that is under the control of the same person and consolidate it there before sending it on to management at a RCRA-designated facility, provided certain conditions are met. In some situations, organizations in industry, government, and academia may have satellite locations that qualify as VSQGs and that could take advantage of this provision to send their materials to an LQG within their company and ultimately to manage the hazardous waste in an environmentally sound manner rather than as an exempt waste.
- Allowing a VSQG or a small quantity generator (SQG) to maintain its existing generator category in the case of an event in which the VSQG or SQG generates a quantity of hazardous waste in a calendar month that would otherwise bump the generator into a more stringent generator regulatory category. Under this provision, generators that satisfy the listed conditions do not have to comply with the more stringent generator standards when an unusual event such as a cleanout or an act of nature causes its generator category to temporarily increase.
Improvements of environmental protection
- Updating the emergency response and contingency planning provisions for SQGs and LQGs to include Local Emergency Planning Committees (LEPC) among those emergency planning organizations with which a generator may make response arrangements and to require that new and existing LQGs submit quick reference guides with the key information when they either develop or update their contingency plans to local responders for easy access during an event.
- Requiring periodic re-notification for SQGs every four years (SQGs only notify once under the current system).
- Revising the regulations for labeling and marking of containers and tanks to clearly indicate the hazards of the hazardous waste contained inside.
Provisions to improve generator compliance
- Clarifying inconsistent guidance on which generator category applies when a generator generates both acute and non-acute hazardous waste in a calendar month.
- Revising the regulations for completing the RCRA biennial report to be consistent with the current instructions distributed with the form.
- Replacing the phrase “conditionally exempt small quantity generator” with the phrase “very small quantity generator” to be consistent with the other two generator categories—LQGsSQGs.
Reorganization of the hazardous waste generator regulations
- Moving the VSQG regulations from section 261.5 of Title 40 of the Code of Federal Regulations (CFR) into 40 CFR part 262, where the regulations for SQGs and LQGs are located.
- Moving a number of the generator regulations that are currently located in other parts of the hazardous waste standards into 40 CFR part 262 to replace the current lists of cross references.
Interested in learning more through Safex training? Attend our Hazardous Waste Management (RCRA) class.
