Hazardous Waste Generator Improvements Rule

Scope

The HWGIR affects all hazardous waste generators (approximately 424,000 to 676,890 total generators). The objectives of the rule are to help generators with hazardous waste identification and management.  

Regulatory citations

• 40 CFR 260 — Hazardous waste management system: General
• 40 CFR 261 — Identification and listing of hazardous waste
• 40 CFR 262 — Standards applicable to generators of hazardous waste
• 40 CFR 265 — Interim status standards for owners and operators of hazardous waste treatment, storage, and disposal facilities

Key definitions

• Large quantity generators (LQGs): The most regulated category of hazardous waste generators. In a calendar month, LQGs generate:
  • Greater than or equal to 2,200 pounds of non-acute hazardous waste; or
  • Greater than 2.2 pounds of acute hazardous waste listed in 261.31 or 261.33(e); or
  • Greater than 220 pounds of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in 261.31 or 261.33(e).
• Small quantity generators (SQGs): The “middle” category of hazardous waste generators. SQGs generate the following amounts in a calendar month:
  • Greater than 220 pounds but less than 2,200 pounds of non-acute hazardous waste; and
  • Less than or equal to 2.2 pounds of acute hazardous wastes listed in 261.31 or 261.33(e); and
  • Less than or equal to 220 pounds of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in 261.31 or 261.33(e).
• Very small quantity generators (VSQGs): The least regulated category of hazardous waste generator. VSQGs were formerly known as Conditionally exempt small quantity generators (CESQGs). VSQGs generate less than or equal to the following amounts in a calendar month:
  • Up to 220 pounds of non-acute hazardous waste; and
  • Up to 2.2 pounds of acute hazardous waste listed in 261.31 or 261.33(e); and
  • Up to 220 pounds of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in 261.31 or 261.33(e).

Summary of requirements

The HWGIR relaxes some requirements for hazardous waste generators. States do not have to adopt these less strict provisions.

1. Allowing VSQGs to voluntarily send hazardous waste to LQGs under the control of the same person.
2. Allowing LQGs to apply for a waiver from their local fire department to accumulate ignitable and reactive wastes within the 50-foot facility boundary.
3. Allowing VSQGs and SQGs to voluntarily maintain their existing regulatory category if they have an episodic event that generates additional amounts of hazardous waste. Before the HQGIR, an episodic event would automatically require the generator to manage the waste as the higher generator category.

Some of the changes EPA made with the HWGIR are neither more nor less stringent. States are not required to adopt these changes.

1. The HWGIR reorganizes the hazardous waste generator regulations to make them more “user friendly.”
2. The rule defines “central accumulation area” and the three generator categories for the first time.
3. The rule revises regulations dealing with mixing a non-hazardous waste with a hazardous waste.
4. Repeats the ban on sending hazardous liquids to landfills.
5. Replaces the list of specific data elements with a requirement to complete and submit all data elements in the Biennial Report.
6. Deletes outdated and obsolete references in the regulations (e.g., Performance Track regulations) and makes various technical corrections.

Stricter provisions. The HWGIR makes six changes that states must adopt. These are:

1. Revised labeling requirements
   For containers of hazardous waste being accumulated in central accumulation areas: In addition to the current marking/labeling requirements of the words “Hazardous Waste,” and the date the accumulation began, generators must now indicate the hazards of the waste on the label. Generators may choose to do this in a variety of ways, including:
   • Identifying the applicable hazardous waste characteristic(s). These are ignitability, corrosivity, reactivity, and toxicity;
   • Using a hazard statement or pictogram consistent with OSHA’s Hazard Communication Standard at 29 CFR 1910.1200;
   • Using standard DOT markings for labeling or placarding at 49 CFR Part 172, Subparts E and F;
   • Using an NFPA chemical hazard label; or
   • Using another widely understood industry marking.
   
   
2. Before shipping hazardous waste offsite, generators must add the EPA hazardous waste number (also called the hazardous waste code) to the label. Generators may also use a bar code system to meet this requirement. For hazardous waste stored in tanks, generators must use inventory logs, monitoring equipment, or other records to provided that the waste has been emptied within the 90-day time frame that applies to LQGs or the 180-day time frame that applies to SQGs.
3. Closure notifications
   LQGs must notify EPA or their state using Form 8700-12 at least 30 days before closing a facility or hazardous waste unit and within 90 days of closing the facility or unit. Failure to notify will result in the facility being classified as a landfill.
4. Re-notification for SQGs
   Beginning in 2021, and every four years from then on, SQGs must re-notify EPA or their authorized state program of their hazardous waste activities using form 8700-12.
5. LQG biennial reporting revisions
   The HQGIR clarifies that even if an LQG operated as an SQG or VSQG for part of the year, the facility must report all of the hazardous waste generated for the entire reporting year – not just the months it was an LQG.
6. Biennial reporting for recycling facilities
   Owners and operators of facilities that receive and partially reclaim hazardous waste or recycle hazardous waste without storing it before recycling must complete and submit the biennial report. This new requirement only applies to facilities that receive hazardous waste from offsite and/or do not store the waste before recycling it.
7. Contingency planning “quick reference guides”
   LQGs are required to develop a hazardous waste contingency plan to describe the actions facility personnel will take in response to fires, explosions, or any unplanned releases of hazardous wastes. Emergency management professionals told EPA that the contingency plans are too long to be practical in a real emergency. Therefore, EPA included a new “quick reference guide” requirement in the HWGIR. LQGs must submit a summary of the contingency plan along with the entire contingency plan to the emergency management authorities in their area. This new requirement applies to generators that become LQGs after May 30, 2017, or to generators who are amending their contingency plans. LQGs must submit the updated guide to local authorities. The quick reference guide must include eight elements:
   1. The types/names of the hazardous waste (in layman’s terms) and the hazard(s) associates with each hazardous waste present at any one time (e.g., toxic paint wastes, spent ignitable solvents, corrosive acids).
   2. The estimated maximum amount of each hazardous waste that may be present at any one time.
   3. The identification of any hazardous waste where exposure would require unique or special treatment by medical or hospital staff.
   4. A map of the facility showing where hazardous wastes are generated, accumulated, and treated and routes for accessing these wastes.
   5. A street map of the facility in relation to surrounding businesses, schools, and residential areas to understand how best to reach the facility and also evacuate citizens and workers.
   6. Water supply locations (e.g., fire hydrant and its flow rate).
   7. Identification of on-site notification systems (e.g., a fire alarm that rings off site, smoke alarms, etc.).
   8. The name of the emergency coordinator(s) and 24/7 emergency telephone number(s) or, in the case of a facility where an emergency coordinator is always on duty, the emergency telephone number for the emergency coordinator.