Transcript SQGs and CESQGs

SQGs and CESQGs
California subtitle: Facilities that
generate not more than 1000 kg/month
and facilities that generate not more
than 100 kg/month
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Road map for today
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Definitions
How it works in 40 CFR
General application (reading regs)
Satellite Accumulation
Episodic Generation
Relationship with Universal Waste
Silver-only facilities
Model checklist
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Reminder
• Just a reminder:
– What we are going to talk about to day are an
alternate set of rules for CESQGS and SQGs
– Any SQG or CESQG can choose to follow the
“default” rules and still be within the
allowances of the law
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Definitions
• The terms Small Quantity Generator
(SQG) and Conditionally Exempt Small
Quantity Generator (CESQG) began as,
and still are, federal terms
• SQG [40CFR260.10]
– Generator who generates less than 1000 kg
of HW in a calendar month
• CESQG [40CFR261.5(a)]
– Generates no more than 100 kg of HW in that
calendar month
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How does the state get there?
• California does define a SQG in T22,
CCR, § 66260.10
– Generator who generates less than 1000 kg
of HW in a calendar month
• No official California definition of a
CESQG
– Regulations refer to “generators of less than
100 kg of HW per month”
– Clear definition in HSC 25218.1(a) but only
applies to CESQGs and HHW
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How it works under RCRA
• LQGs get “routine” 262.34 rules
• SQGs get “relaxed” 262.34 rules [40 CFR
§262.34(d)(e)&(f)]
• CESQGs generally get exempted from
most rules [40 CFR §261.5]
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You’ve won a fully paid trip…
to 40 CFR!
• In California, T22, CCR, § 66262.34(d) says:
“notwithstanding subparts (a) through (c) of this
§ and §66262.35, a generator of less than 1000
kg of hazardous waste in any month who
accumulates HW onsite for 180 days or less, or
270 days or less if ..offers the generator’s waste
for transportation over a distance of 200 miles..”
and “the generator complies with the
requirements of subdivisions (d), (e) and (f) of
section 262.34 of Title 40 of the Code of Federal
Regulations.”
– Very similar language can be found in HSC
25123.3(h)(1)
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But before we get there…
• Notwithstanding (a) and (c)
– The requirements of these sections DO NOT
apply if conditions are met
– Article 9, 10, Subpart cc, 66265.16, article 3
and article 4 (Chapter 15), 66268.7(a)(5)
• Conditions that apply
– Never exceed 6000 kg of HW onsite
– Meet requirements of 40CFR 262.34(d-f)
– Does not hold >1 kg acutely HW for >90 days
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T22, CCR, § 66262.34(d)
--”notwithstanding
subsections (a) and (c)”
40 CFR § 262.34(d),(e),(f)
Never more than 6000 kg HW
onsite
Don’t hold more than 1 kg of
acutely HW or extremely HW
for more than 90 days
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Section 262.34(e)
• Allows for accumulation of waste for 270
days if transporting waste more than 200
miles
• Note: CFR limits this to SQGs, not
allowing it for CESQGs
– California does not limit this because
California’s 270 day rule is more restrictive
than the federal CESQG rules in 261.5
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Section 262.34(f)
• Allows for the granting of a 30-day
extension for storage greater than 180/270
days
– If no extension granted, generator is subject
to all “normal” generator standards
(You can grant 30-day extensions for
accumulation of non-RCRA wastes, DTSC
must handle all RCRA waste requests)
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Section 262.34(d)
• Section 262.34(d)
– (1) the quantity of waste accumulated onsite
never exceeds 6000 kilograms
• Same as conditions as to be met in Title 22, CCR,
§66262.34(d)(1)
– (2) Complies with subpart I of part 265, except
§§ 265.176 and 265.178
– (3) Complies with the requirements of
§265.201 of subpart J of part 265
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More of section 262.34(d)
– (4a) Mark containers according to
262.34(a)(2) and (3)
– (4b) Subpart C of part 265
• Emergency equipment, maintenance of facility,
communication/alarms, aisle space, arrangements
with local agencies
– (4c) Section 268.7(a)(5)
• If managing or treating a prohibited waste, must
have a waste analysis plan
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More of section 262.34(d)
– (5) response to an emergency
• One person on premises or on call to coordinate
emergency actions
• Post info near phone
– Name and phone # of coordinator
– Location of extinguishers and spill control material
– Fire Department phone number
• Ensure that employees are familiar with waste
handling and emergency procedures
• Respond to emergencies
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40 CFR § 262.34(d)
Waste Analysis Plan
for prohibited waste
Mark containers with date,
“HW”
Tank management standards
Container management
standards
Subpart C-Emergency Equipment
available
-Maintenance of facility
-Communications
-Aisle space
-Coordinate w/ locals
Response to Emergency
- 1 responsible person
- Posted info near phone
-Employee “awareness” of
procedures (training)
- Respond to emergencies
Never exceed 6000 kg onsite
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Closer look at 262.34(d)
• Subpart I (Container Management)
– Very similar to 66265.170-.178
• Minor wording differences, non-substantive
• Container marking– no change from T22
(all other marking required by (f) which is
not exempt “notwithstanding (a) and (c))
• No formal written training plan or records
– Ensure that employees are thoroughly familiar
with proper waste handling and emergency
procedures, relevant to their responsibilities
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Closer look at 262.34(d)
• Subpart J (Tank Management)
– Very different from 66265.190-.202
– 40 CFR §265.201 has special requirements
• 2 feet freeboard on open-topped tanks
• Overflow control for continuous feed systems
• Daily inspection of overflow control, monitoring equipment
data, level of waste in tank
• Weekly inspection of tank and surrounding area
• Special rules for ignitable and reactive wastes
• NO REQUIREMENT FOR SECONDARY
CONTAINMENT
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Closer look at 262.34(d)
• No written Contingency Plan
– Post information near phone
• Name and phone # of coordinator
• Location of extinguishers and spill control material
• Fire Department phone number
– One person responsible for emergency
coordination/response
• Onsite or readily available by phone
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Other CESQG requirements
• Obtain a EPA ID Number
– CAL number if federal CESQG
• Transportation recordkeeping
– Manifests if used
– Consolidate manifest receipts if used
– None if self transporting (but advisable to
keep a written log or receipt for “proof”
• Waste Determination
– Same as any other generator: analysis or
generator knowledge
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Things SQGs/CESQGs are NOT
subject to:
• Subpart CC air emissions standards for
Volatile Organic wastes
• Biennial Reporting
– Unless generating more than 1 kg of acutely
hazardous waste per month
• Written Contingency and Training Plans
• Tank and Containment assessments*
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Transportation
• Subject to manifest rules
– Except silver from CESQGs (HSC § 25143.13
and 40 CFR § 261.5)
• CESQGs and SQGs can use consolidate
manifesting for select wastes [HSC
25160.2]
– Language in 25160.2(b)(9) clearly states that
all other manifesting requirements must be
met unless exempted by this section
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CESQGs to TSDFs
• CESQGs may “self-transport” waste to
TSDF or other authorized facility without a
manifest [ HSC § 25163(c)]
• Limits on amounts
– 5 gallons or 50 pounds per trip
– No limit on monthly amounts that can be
delivered
– Limit Acutely Haz. Wastes to 2.2 lbs./trip
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CESQGs to HHWs [HSC § 25218]
• Recognize that for purposes of this
combo, CESQG is defined, using 40 CFR
261.5 definition
• HHWs have the “right of choice” to accept
or not-accept waste from CESQGs
• Limits on amounts
– Max 100 kg (or 1 kg acutely) per month can
be brought to HHW by CESQG
– Max 5 gallons or 50 pounds (2.2 lb AHW) may
be transported at any one time by CESQG
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CESQGs and SQGs to Used Oil
Collection Centers [ HSC § 25250.11]
• Both SQGs and CESQGs can selftransport used oil to a used oil collection
center without a manifest
• Limits on amounts
– With prior approval from receiver:
• Largest container capacity is 55 gallons
• Ship no more than 55 gallons per load
– Without prior approval from receiver:
• No more than 20 gallons total in containers of 5
gallons or smaller
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CESQG
Used Oil
Acutely
Hazardous Waste
Hazardous Waste
To Used Oil
Collection Center
(including HHW)
HHW
Collection Facility
TSDF
HHW
Collection Facility
TSDF
Self Transport
55 gallons per trip
55 gallon max
Container size
Self Transport
5 gal or 50lb per trip
Max 100 kg per mo.
Self Transport
5 gal or 50 lb per trip
No monthly max.
Self Transport
1 kg per month
Max 2.2 lb per trip
Self Transport
2.2 lb per trip
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Satellite Accumulation
• Can be used by CESQGs and SQGs
– Same rules apply
• How long can waste be held, once moved
from the satellite area to the “90 day”
area?
– Can accumulate waste, once moved up to
180 or 270 days, but never more than 1 year
from first drop added at satellite area.
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Episodic Generation
• What is it?
• Not an officially recognized term in CA
• When a generator’s “status” changes from
one month to the next depending on the
amount of waste generated.
– LQG standards would apply for “related”
activities for the next month (according to
RCRA Orientation manual, EPA530-R-98-004)
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Episodic Generation
• Effects:
– If SQG moves to LQG, generally Training
Plan, Contingency Plan must be developed
– If episodically generated waste is stored in
tanks, tanks should have integrity assessment
and secondary containment
– Biennial Reporting may be required if the
episodic waste is RCRA regulated
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UW and Generator Status
• The amount of UW generated by a business
does NOT affect or count toward the generator
status
– Can not make a CESQG a SQG
• The generator status used to affect UW handling
– As of 2/8/06 (yesterday!) Conditionally Exempt Small
Quantity UW Generators could dispose some UW as
Non-hazardous waste
– To be a CESQUWG, must be a CESQG when adding
all HW and UW
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Silver Only Facilities
• HSC § 25143.13 says that wastes that are
hazardous solely due to silver are to be
regulated only as if they are regulated
under the federal rule
– If this is the only waste stream then what?
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Silver Only Facilities
• If only waste stream is a silver-only, and
assuming the facility is a CESQG
– Subject to 40 CFR § 261.5
• Make a waste determination
• Send the silver for reclamation or disposal as HW
– Document this transfer by manifest or receipt or contract
with refiner
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Resources
• Your CUPA Liaison
– www.dtsc.ca.gov (search for CUPA liaison)
• Mickey Pierce
– (510) 540-3851 or [email protected]
• Hazardous Waste Generator Inspection
Report
– At back of room
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