Hazardous waste generators - Vermont

The Vermont Department of Environmental Conservation (DEC) is authorized to implement the RCRA program for Vermont. Vermont’s regulations related to hazardous waste management are incorporated by reference into the RCRA program, as outlined in 40 CFR 272.1651. The Vermont hazardous waste program contains certain provisions that are beyond the scope of the Federal program. The following provisions are:

• Vermont limits the exclusion for solvent contaminated wipes to the exclusion for only reusable wipes that are transported off-site for cleaning; it does not include the federal exclusion for disposable wipes and does not allow the on-site cleaning of the wipes. In addition, Vermont also requires that generators maintain certain documentation at their site regarding the management of the wipes.
• Vermont regulates VSQGs more stringently by not allowing them to mix hazardous wastes with solid wastes. In addition, Vermont does not allow VSQGs to exceed quantity limits, whereas the federal regulations at 262.14(a)(3) and 262.14(a)(4) do allow this. In Vermont, VSQGs become at least an SQG if they exceed any of the quantity limits for VSQGs.
• Vermont has no state analog to 262.16(c) for SQGs transporting waste over 200 miles.
• Vermont does not have the “mixture” rule, therefore has no state analog to 262.13(f)(2) for SQG and LQG wastes mixed with solid wastes.
• SQGs and LQGs must maintain a log documenting weekly inspection of short-term storage areas; there is no federal analog to this requirement.
• LQGs are subject to closure requirements that are not required federally. LQGs must submit a “Pre-Closure Notification Form” and, based on the information provided on that form, may be required to submit a closure plan that meets specific requirements. Those requirements are found in VHWMR § 7–308(b)(17)(D). In addition, on a case-by-case basis, the certification of closure from an independent professional engineer may be required, and if the generator was an LQG within five years prior to closure it must close as an LQG regardless of generator status at time of closure.