The Generator Improvements Rule (effective 05.30.17 in the regulations of the U.S. Environmental Protection Agency and states without an authorized hazardous waste program) will make many changes to the regulations applicable to a generator of hazardous waste.
Read here for more information:
- Summary of the Generator Improvements Rule
- States and Authorized Hazardous Waste Programs
- USEPA Fact Sheet About the Hazardous Waste Generator Improvements Final Rule
The purpose of this article is to identify and explain the USEPA regulations created by the Generator Improvements Rule that require additional hazard communication on various hazardous waste accumulation units throughout the cradle-to-grave management of hazardous waste.
APPLICABILITY AND SCOPE:
The regulations apply to all generators of hazardous waste utilizing almost every hazardous waste accumulation unit. It also applies to hazardous waste transporters and hazardous waste Treatment, Storage, and Disposal Facilities (TSDF).
Hazardous Waste Generators:
USEPA regulations (some states vary) identify three hazardous waste generator categories; each of them now defined at 40 CFR 260.10.
- Large quantity generator (LQG)
- Small quantity generator (SQG)
- Very small quantity generator (VSQG). Formerly the conditionally exempt small quantity generator (CESQG), another change of the Generator Improvements Rule.
Others Handlers of Hazardous Waste:
- Hazardous waste transporter managing a hazardous waste container at a transfer facility.
- Storage of a hazardous waste in a container or tank at a hazardous waste TSDF.
Hazardous Waste Accumulation Units:
USEPA regulations allow for the use of four types of hazardous waste accumulation units at a hazardous waste generator; each of them defined at 40 CFR 260.10. They are:
- Container. Any portable device used for the accumulation of a hazardous waste. Most commonly used by hazardous waste generators.
- Tank. A stationary device designed to contain hazardous waste and is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic).
- Drip pad. Used exclusively at wood preserving plants. It is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippings from treated wood, precipitation, and surface water run-on to an associated collection system.
- Containment building. An entire building with doors and windows is the containment for bulky hazardous wastes. Subject to the requirements of a permitted Treatment, Storage, and Disposal (TSDF) Facility.
Management Options for Containers of Hazardous Waste:
While three of the above four accumulation units are stationary and remain at the generator: tank, containment building and drip pad; the container can be managed on-site under a variety of regulatory options by all generator categories and may also be transported off-site for treatment, storage, or final disposal.
- A container of hazardous waste accumulated in a central accumulation area (CAA) as defined at §260.10 at an LQG or SQG.
- A container of hazardous waste managed by an LQG or SQG in a satellite accumulation area (SAA) pursuant to §262.15.
- A container of hazardous waste managed by an LQG or SQG prepared for off-site transportation by a hazardous waste transporter to a RCRA-permitted TSDF.
Additional Management Options at a Hazardous Waste Generator:
The new Generator Improvements Rule created two new situations where the marking and labeling of hazardous waste accumulation units at a hazardous waste generator is required.
- A container or tank of hazardous waste at either a VSQG or SQG subject to the new regulations that allow for episodic generation.
- A container of hazardous waste generated at a VSQG and managed prior to self-transport to an LQG for consolidation.
- A hazardous waste accumulation unit at an LQG that receives hazardous waste generated by a VSQG for consolidation.
Read: LQG Consolidation of VSQG Hazardous Waste
Two Distinct Types of Hazard Communication:
The Generator Improvements Rule identifies two methods of hazard communication to improve the safety of hazardous waste personnel and to ensure proper treatment and disposal of hazardous waste.
- An indication of the hazards of the contents in a hazardous waste container, tank, or containment building
- The applicable EPA hazardous waste number (RCRA hazardous waste code) for the hazardous waste in a container.
While the latter is self-explanatory, the former requires further explanation. Wherever the regulation applies, USEPA explains what is required in the following text:
An indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704)
What USEPA wants is a mark or label on the hazardous waste accumulation unit that indicates the hazards of what’s inside. The generator can determine its method to meet this requirement. The following are suggested by USEPA:
- Words indicating the applicable USEPA hazardous waste characteristic(s): ignitable, corrosive, reactive, or toxic.
- The HazMat labels or placards used by the USDOT to identify its nine hazard classes of hazardous materials:
- Explosive (six divisions and 13 compatibility groups)
- Compressed gas (three divisions)
- Flammable and combustible liquid
- Flammable and reactive solids (three divisions)
- Oxidizers and organic peroxides
- Poisonous materials and infectious substances
- Radioactive materials
- Corrosives
- Miscellaneous
- A hazard statement or pictogram used by the Occupational Safety and Health Administration (OSHA) as part of what is popularly known as the Global Harmonization System.
- A chemical hazard label as used by the National Fire Protection Association (NFPA).
So, throughout this article or in the USEPA regulations wherever you read “an indication of the hazards of the contents…”, refer to the above examples to meet this requirement.
