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Hazardous Waste Generators Improvements Rule (HWGIR) – Part 2

More Stringent Provisions Details

Consolidated the regulations for Hazardous Waste Generators into 40CFR262

  • Consolidates the regulations for generators into Part 262. Before the rules the regulations were found in different Parts (261.5, 262, 265).

More clearly defined Generator status (VSQG, SQG and LQG):

  • The name for Conditionally Exempt Small Quantity Generator has been changed to Very Small Quantity Generator.
  • If a generator is a LQG any month of the year, it must complete the Biennial Report for all the waste generated in that year, not just the waste generated in the months it was an LQG
Quantity of acute hazardous waste generated in a calendar monthQuantity of non-acute hazardous waste generated in a calendar monthQuantity of residues generated from a cleanup acute hazardous waste generated in a calendar monthGenerator Category
> 1 kgAny amountAny amountLarge Quantity Generator
Any amount≥ 1,000 kgAny amountLarge Quantity Generator
Any amountAny amount> 100 kgLarge Quantity Generator
≤ 1 kg> 100 kg and < 1,000 kg≤ 100 kgSmall Quantity Generator
≤ 1 kg≤ 100 kg≤ 100 kgVery Small Quantity Generator

Formalized the waste determination process

  • Confirmed that a generator’s hazardous waste determination must be accurate, made at its point of generation and at any time during the course of management for wastes potentially exhibiting a hazardous characteristic.
  • Incorporated regulatory language that elaborates on how to make a hazardous waste determination for listed and characteristic hazardous waste. To make an accurate determination that the waste is a listed hazardous waste, acceptable knowledge that can be used includes waste origin, composition, the process producing the waste, feedstock and other reliable and relevant information.
  • Defined what constitutes “Generator Knowledge “ when making a waste determination including:
  1. Process knowledge (e.g., information about chemical feedstocks and other inputs to the production process);
  2. knowledge of products, by-products, and intermediates produced by the manufacturing process;
  3. chemical or physical characterization of wastes;
  4. information on the chemical and physical properties of the chemicals used or produced by the process or otherwise contained in the waste;
  5. testing that illustrates the properties of the waste;
  6. or other reliable and relevant information about the properties of the waste or its constituents.
  • Moved the independent recordkeeping and retention requirements for hazardous waste determinations currently found at 40 CFR section 262.40(c) into section 262.11(f), with clarifications on what records must be kept; including:
    1. 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.
    2. Records must be maintained for at least three years from the date that the waste was last sent to on-site or off-site TSDF.
    3. These records must comprise the generator‘s knowledge of the waste and support the generator‘s determination.
    4. 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 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 the properties of the waste; and records which explain the knowledge basis for the generator‘s determination.
  • Required small quantity generators and LQGs to identify the applicable RCRA waste codes for the hazardous waste they have generated, but clarified that the containers only need to be marked with this information before shipping hazardous waste off site to a RCRA permitted TSDF.
  • Clarified the Satellite Accumulation rules
  • Incompatible wastes must not be placed in the same containers at a satellite accumulation area.
  • Satellite accumulation areas are subject to emergency preparedness and prevention requirements.
  • SAA Containers may be open when it is necessary either for the operation of equipment to which the SAA container is attached or to prevent dangerous situations, such as the buildup of extreme pressure or heat.
  • Specified additional marking requirements for wastes in Satellite Accumulation and Centralized Accumulations Areas (CAA)

– Accumulation units and containers must be marked and labeled while in storage (90 day or Satellite) with an indication of the hazards, i.e. characteristic, DOT label, OSHA mark, NFPA warning. Waste Codes not acceptable as hazard indication in storage BUT waste codes must appear on containers when offered for shipment.

  • Required SQGs to file regular updates on waste generating activities

– Requires a SQG to submit a re-notification (8700-12) every four (4) years (starting in 2021) of hazardous waste activity to EPA or authorized state. Previously, only an initial notification was required.

  • Required LQGs to go through formal closure of CAA’s

LQGs must notify whenever:

  1. Hazardous Waste Accumulation Area is closed and
  2. whenever the facility itself is closed.
  3. Notification must be within 30 days of closure.
  4. Closure as a landfill (post-closure) for LQG accumulating hazardous waste in containers if unable to meet clean closure standards.
  • Required LQGs to provide a “quick reference guide” of their contingency plan to local emergency responders.

LQGs need to include a reference guide as a “title” page whenever a new contingency plan is issued or when a contingency plan is updated.

The Quick Reference Guide must include eight elements:

  1. The types and names of the hazardous wastes on site and their hazard in layman’s terms (e.g., toxic paint wastes, spent ignitable solvents);
  2. An estimated maximum amount of each hazardous waste on site at any one time;
  3. The identification of any hazardous waste that would require unique or special treatment by medical staff in the event of exposure;
  4. A map of the facility identifying where hazardous waste may be located;
  5. A street map of the facility in relation to surrounding businesses, residences, and schools;
  6. The location of the water supply;
  7. Information about any on-site notification systems to communicate with people at the facility; and
  8. The name of an emergency coordinator available at any time.

The new regulations also added a requirement that the generator must keep documentation of the fact that it has made arrangements with local emergency responders, adding to the existing requirement that the generator document if it cannot make the arrangements.

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