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The Hazardous Waste
Generator Improvements Rule Proposal
Analysis of the provisions and what they mean for you.
Meet Your Moderator
James Ciccone
During this Webinar
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Communicate via the questions tab in your
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Unanswered questions will be responded to after
the webinar.
Webinar recording and slides will be emailed to
you tomorrow.
Meet Your Presenter
Geraldine “Gigi”
DambrevilleEnvironmental Health and Safety
Consultant,
Triumvirate Environmental Inc.
RCRA Overview
Current Issues
Proposed Rule Overview
7 Major Components
Wrap Up/Q&A
Rule Process & Schedule
Agenda
How Concerned
Are You About
the Proposed
Regulation?
Poll Question
The Resource Conservation and
Recovery Act of 1976:
Originally conceived as a law
addressing municipal trash
disposal, Subtitle C of RCRA
was included to give the U.S.
Environmental Protection
Agency (EPA) the authority to
regulate hazardous waste. This
includes the generation,
transportation, treatment,
storage, and disposal of
hazardous waste.
RCRA and Generators
HSWA continued where RCRA, Subtitle C left off,
including: adding mandates for the regulation of small
quantity generators, restrictions on land disposal of
hazardous waste, regulation of underground storage tanks
(USTs), and corrective action provisions to prevent RCRA
facilities from becoming Superfund sites.
The Hazardous and Solid Waste
Amendments of 1984:
HSWA and Generators
History of the Rule
• Hazardous Waste Generator Program
evaluation – April 2004
• Hazardous Waste Determination Program
evaluation – 2013
• Hazardous Waste Generator Proposed Rule
– 2015
40 CFR Parts 260, 261,
263, 264 mainly
Federal register notice
September 25th, 2015
Comment period ended
December 24th,2015
Proposed
Regulations
Generators
Transporters
Treatment, Storage and Disposal Facilities (TSDFs)
• Part 261- Waste Identification
• Part 262- Generator Requirements
• Part 263- Transporter Requirements
• Part 264- 265- TSDF Requirements
• Part 266- Recycling
• Part 268- Land Disposal Restrictions
• Part 270- TSDF Permitting
• Part 271- State RCRA Programs
40 CFR Parts: 260-281
Who’s Covered Under State &
Federal RCRA Regulations?
The amount and type of hazardous waste generated in a given calendar month will
determine your “generator status”.
Large Quantity Generators (LQGs)
Small Quantity Generators (SQG)
Conditionally Exempt Small Quantity Generators (CESQGs)
Generator Status
RCRA Overview
Current Issues
Proposed Rule Overview
7 Major Components
Wrap Up/Q&A
Rule Process & Schedule
Agenda
Issue #1Regulations
are Confusing
Issue #2Lack of Flexibility for Operators of
Facility with Different Generator
Status
Issue #3Lengthy Contingency Plan Requirements &
Lack of Recordkeeping Requirements
Issue #4Mismanagement
of Waste from
Generators
RCRA Overview
Current Issues
Proposed Rule Overview
7 Major Components
Wrap Up/Q&A
Rule Process & Schedule
Agenda
• Goals of the Proposed Rule
• Where Will the New
Regulations Live?
Proposed Rule
Overview
Goals of the
Proposed Rule1. Reorganize the regulations to make them more user friendly and
enable improved compliance
2. Provide greater flexibility for hazardous waste generators to
manage waste in a cost-effective manner
3. Strengthen environmental protection by addressing identified gaps
in the regulations
4. Clarify certain components of the hazardous waste generator
program to address ambiguities and foster improved compliance
40 CFR Part 260 – Standards for
the classification of hazardous
wastes generators and specific
Types of Hazardous Waste
Management Facilities
Part 262 – Management
Standards for Hazardous Waste
Where Will the
Regulations Live?
RCRA Overview
Current Issues
Proposed Rule Overview
7 Major Components
Wrap Up/Q&A
Rule Process & Schedule
Agenda
1. Consolidation of CESQG Waste at LQG’s:
• CESQG’s and LQG’s must be under the control of the same
person
• CESQG to be called VSQG
• Eliminate RCRA permit requirement to accept CESQG’s waste
• Additional option for CESQG’s to manage their waste
• Increased training and documentation
• Potentially decrease generator cost
Proposal #1
2. Episodic Generation for CESQG’s and SQG’s:
• Only allowed once a year
• Would not change current generator status
• Would not have to complete biennial requirement
• Notification of planned and unplanned events
• Labeling requirement for accumulation of episodic waste
• 45 days from initiation and completion of episodic event
Proposal #2
3. Emergency Planning and Preparedness:
• Only applicable to LQG’s and SQG’s
• Require generators to make arrangements with local LEPC’s first
• If no local LEPC, generators to make arrangements with local Fire
Departments
• NEW LQG’s to submit executive summary to LEPC rather than full
Contingency plans
• Eliminating employee personal information in plans
Proposal #3
4. Labeling changes:
• Applicable to SQG’s, LQG’s and Transporters
• Marking containers with Hazardous waste codes
• Make it easier for TSDF’s to identify content
• Relevant areas on site: SAA’s, CAA’s, transfer facilities
consolidating waste from different generators
• Labeling requirement for tanks, drip pads and containment buildings
• Recordkeeping requirements for tanks, drip pads, containment
building for 90 and 180 day storage
Proposal #4
5. Reporting Requirements:
• Biennial reporting required only for LQG’s
• Reporting for all hazardous waste generated
during reporting year
• Not applicable to CESQG’s and SQG’s under
episodic rule
• Allow new source code for CESQG’s transferred
waste
Proposal #5
6. Satellite Accumulation areas:
• Prohibiting incompatible waste to be mixed in the
same container
• Limited exception for keeping containers closed at
all times at SAA’s
• Modify labeling to include flexibility on hazard
category type
• Clarify the “three day” rule
Proposal #6
Proposal #7
7. Closure:
• Require closure as landfill for when LQG’s
accumulating in containers fail to clean close
• Notification to EPA or authorized state 30 days
prior to closing an accumulation area or within 90
days after closure of unit or facility
• Documenting hazardous waste determinations
• SQG re-notification
• Labeling
• Notification of closure
• Biennial reporting for the whole year
• Executive summary for contingency plan
More Stringent Rules
• CESQG consolidation
• Episodic generation
• Waiver from 50-foot rule
Less Stringent Rules
EPA Considers certain proposed provisions to be more
stringent than current regulations
• More stringent regulations – all states will be required to adopt
the final rule
• Less stringent regulations – states may but are not required to
adopt federal regulations
No final authorization on base State RCRA program
• Will be effective in these states on the effective date for the final
rule, even before the state adopts it
State Adoption
RCRA Overview
Current Issues
Proposed Rule Overview
7 Major Components
Wrap Up/Q&A
Rule Process & Schedule
Agenda
Publication of the final rule in
the CFR• Administrator has already signed the
proposed rule on 8/31/15
• This was published on 9/25/15; 80
FR58014
There was a 60 Day Comment
Period• That was extended to 12/24/15
• There have already been many
requests for extension
Review of Public Comment• After review the EPA will begin to finalize
the rule
Rule Process
& Schedule
RCRA Overview
Current Issues
Proposed Rule Overview
7 Major Components
Wrap Up/Q&A
Rule Process & Schedule
Agenda
Prepare yourself for drastic changes
Understand how you may be affected
Follow up for more information
What’s next?
Wrap Up
QUESTIONS?
Thank You For Attending!You Will Receive:
• A recording of this presentation and
a copy of this presentation
• A link to a short survey
• A gift to help ensure that your
hazardous waste program is fully
compliant
Geraldine “Gigi” Dambreville
www.Triumvirate.com
Contact:
