Oct 26, 2015

How are you affected by USEPA' Haz Waste generator reg changes?

Hazardous Waste Generator Proposed Rule
U.S. EPA recently released a proposed rule revising the hazardous waste generator regulations under RCRA:

Also EPA has put up a helpful website with resources, summaries and FAQs about the proposed rule:

Comments are due to EPA by November 24.
Some of the important changes EPA proposes are:
1) Small quantity hazardous waste generators can avoid a higher generator status (can retain their status) when generating episodic waste so long as it is properly managed.
2) Conditionally exempt small quantity generators can send hazardous waste to a large quantity generator under the control of the same company subject to certain conditions
3) Expands labeling and reporting requirements for small quantity and large quantity generators. 
4) Increases communication requirements about hazardous waste with emergency responders
5) Requires large and small generators to re-notify EPA on a periodic basis after obtaining a hazardous waste identification number 

If implemented, authorized states would be required to adopt provisions more stringent than state generator regulations. 
How would you be affected by the proposed changes?

Some questions to consider:
1. How could additional new recordkeeping requirements for hazardous waste determinations affect you if you are an SQG or LQG (e.g. cost, labor, regulatory burden)?
2. Could you benefit from the proposed new provision that conditionally allows for episodic generation of hazardous waste that would not affect hazardous waste generator status?
3. Could you benefit from a system to consolidate hazardous waste by conditionally allowing CESQGs to send hazardous waste to LQGs under the control of the same person?
4. Are you currently an CESQG generating (not accumulating) more than 1 kg of acutely hazardous wastes in a month (and only have your acutely hazardous wastes subject to full regulation)?
5. How could new labeling/marking and inspection recordkeeping requirements for containers and tanks affect you if you are an SQG or LQG (e.g. cost, conflicts with existing labeling requirements)?