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1. 10 Common Hazardous Waste Violations

2. Jenny Patterson
Environmental Program Consultant
Hazardous Waste Section
Division of Waste Management
Jenny.Patterson@ncdenr.gov
336-767-0031
2

3. https://files.nc.gov/ncdeq/Waste+Management/DWM/HW/Compliance/Compliance_Map_by_Inspector.pdf

4. Disclaimer
• This presentation was created to be an overview and is not
all inclusive of all of the hazardous waste rules and
requirements. This presentation should only be used as
guidance.

5. #10
Hazardous Waste Not in Containers
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9. # 9
Emergency Preparedness and Prevention
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10. 10

11. Emergency Preparedness and Prevention & Emergency Procedures
• Requirements now apply to HW Satellite Accumulation Areas (SAAs)
- 40 CFR 262.15(a)(7): All SAAs operated by a SQG must meet the
preparedness and prevention regulations of 40 CFR 262.16(b)(8) and emergency
procedures of 40 CFR 262.16(b)(9)
- 40 CFR 262.15(a)(8): All SAAs operated by a LQG must meet the
Preparedness, Prevention and Emergency Procedures in 40 CFR 262 Subpart M
• 40 CFR 262 Subpart M applicability for LQGs includes areas where
hazardous waste is generated and accumulated (both satellite and central
accumulation areas)
11

12. Example letters to help make
arrangements with the local emergency
authorities can be found at this link:
https://deq.nc.gov/about/divisions/waste-
management/hw/technical-assistance-
education-
guidance/documents#hazardous-waste-
generator-improvements-rule
12

13. Quick Reference Guide for LQGs
• Types/names of hazardous wastes (HW) in layman’s terms & associated hazard of each HW present at any
one time;
• Estimated maximum amount of each HW that may be present at any one time;
• Identification of any HW where exposure would require unique or special treatment by medical or hospital staff
• Map of facility showing where HWs are generated, accumulated & treated and routes for accessing these
wastes
• Street map of facility in relation to surrounding businesses, schools, residential areas to understand how best
to get to facility and also evacuate citizens and workers
• Locations of water supply (e.g., fire hydrant and its flow rate)
• The identification of on-site notification systems (e.g., a fire alarm that rings off site, smoke alarms); and
• Name of the emergency coordinator(s) and 7/24-hour emergency telephone number(s)
Must update quick reference guide whenever contingency plan must be updated
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14. # 8
Documentation
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15. Documentation
• LQG:
• Documentation of annual RCRA training
• LQG contingency plan submittal
• LQG and SQG:
• Arrangements with local emergency authorities
• Weekly inspections of hazardous waste storage area(s)
• Waste determinations (40 CFR 262.11)
• Claims that materials are not solid waste or are conditionally exempt
(40 CFR 261.2(f))
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16. # 7
Used Oil
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20. # 6
Waste Determination
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26. # 5
Aisle Space
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31. # 4
Time Frames
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32. Time Frames
• Weekly inspections = every 7 days
• Annual RCRA training = 365 days
• Manifests back to generator
- LQG: after 35 days contact transporter/TSD
after 45 days file exception report
- SQG: after 60 days file "exception report"
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33. RCRA Training
• Today’s training may meet only part of your annual RCRA training
- 40 CFR 262.17(a)(7) - training…must include instruction which
teaches facility personnel hazardous waste management procedures
(including contingency plan implementation)
- Training must include site specific components
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34. Time Frames
Accumulation time limit extension for LQG/SQG:
• A LQG/SQG that accumulates HW for longer than 90/180 days
is subject to TSD requirements unless an extension has been
granted.
• An extension of up to 30 days may be granted at the discretion
of the Hazardous Waste Section on a case-by-case basis.
• An extension may be granted by the HWS if HW must remain
on site for longer than 90/180 days due to unforeseen,
temporary, and uncontrollable circumstances.
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35. Time Frames
• A SQG may accumulate HW on site for up to 270 days if the
HW must be transported over a distance of 200 miles or more
for off-site treatment, storage or disposal.
• There are also special extended time frames for LQGs who
accumulate F006 (wastewater treatment sludges from
electroplating operations).
- Specific conditions apply (40 CFR 262.17(c), (d), (e))
to gain the extension
35

36. Episodic Generation
40 CFR 262 Subpart L
Allows SQG and VSQGs to maintain their generator category if temporarily
generating more HW due to an episodic event provided that:
• Planned/unplanned episodic event is limited to one per calendar year
- Or two events if petition is approved by HWS
• Generator must notify:
- At least 30 calendar days prior to initiating a planned episodic event (electronically
using myRCRAid) or
- Within 72 hours after an unplanned episodic event (by phone, fax, email, and then
provide notification electronically using myRCRAid by the end to the event)
• Episodic event must be initiated and completed within 60 days
• Must meet conditions specified in 40 CFR 262 Subpart L
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37. Notification for SQG and LQG
40 CFR 262.18
• Requires re-notification (8700-12) for SQGs and LQGs;
- SQGs every four years starting in 2021
▪ Must be submitted to the Hazardous Waste Section by September 1 of
each year the re-notification is required
- LQGs by March 1 of each even numbered year (can use biennial report
to notify)
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38. # 3
Used Lamps
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42. 42

43. # 2
Labeling
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45. 45

46. 46

47. 47

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50. The applicable hazardous waste characteristic (i.e., ignitable, corrosive, reactive,
toxic):
Examples of Labels that indicate the "Hazards"
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51. Hazard communication consistent with DOT (49 CFR part 172 Subpart E – Labeling
or Subpart F – Placarding)
Examples of Labels that indicate the "Hazards"
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52. Hazard statement or pictogram consistent with OSHA (29 CFR 1910.1200)
Examples of Labels that indicate the "Hazards"
53

53. Chemical hazard label consistent with the National Fire Protection Association
code 704
Examples of Labels that indicate the "Hazards"
54

54. Multiple Hazards
Indication of ALL hazards of the contents
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55. # 1
Open Containers
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58. Guess how far they had to go to find the next EMPTY DRUM??!
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62. Hazardous Waste Generator Improvements Rule

63. Hazardous Waste Generator Improvements Rule
Regulation Overview:
• Effective on federal level on May 30, 2017
• Effective in North Carolina on March 1, 2018
• Promulgated over 60 revisions and new provisions to the hazardous
waste generator regulatory program in RCRA and consolidates rules
into 40 CFR 262
• Affects all hazardous waste generators in NC in some way

64. Where is the Hazardous Waste Generator Improvements Rule in Effect?

65. 66
New/Revised Provision VSQG SQG LQG
Waste Determination X X X
Generation Category Determination X X X
LQG Consolidation of VSQG Wastes X* X*
Episodic Generation X* X*
50-foot Waiver X*
Marking & Labeling X X
Marking RCRA Waste Codes X X
SQG Re-notification X
Contingency Plan Quick Reference Guide X
Emergency Arrangements X X
Closure Notification X
Closure as Landfill if Cannot Clean Close X
BR Reporting by Recyclers Who Do Not
Store
X
Major Impacts of Final Rule by Generator Category
*Optional Provisions

66. Reorganization of Generator Rules
Provision Previous Citation (40 CFR) New Citation (40 CFR)
Generator Category Determination 261.5(c)−(e) 262.13
CESQG (VSQG) Provisions 261.5(a), (b), (f)−(g) 262.14
Satellite Accumulation Area
Provisions
262.34(c) 262.15
SQG Provisions 262.34(d)−(f) 262.16
LQG Provisions 262.34(a), (b), (g)−(i), (m) 262.17
Episodic Events None Subpart L,
262.230-234
Preparedness, Prevention, and
Emergency Procedures for LQG
265.30-56 Subpart M,
262.250-265
As part of this reorganization, EPA made conforming changes to citations
that reference 40 CFR 261.5 and 40 CFR 262.34

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Federal Rule and more information (FAQs, history):
https://www.epa.gov/hwgenerators/final-rule-hazardous-waste-generator-improvements
State Rules incorporating the Federal Rules by Reference
15A NCAC 13A – Hazardous Waste Management Rules:
http://reports.oah.state.nc.us/ncac/title%2015a%20-
%20environmental%20quality/chapter%2013%20-
%20solid%20waste%20management/subchapter%20a/subchapter%20a%20rules.pdf
Hazardous Waste Generator Improvements Rule

68. 69
NC Hazardous Waste Section Guidance Documents:
https://deq.nc.gov/about/divisions/waste-management/hw/technical-assistance-
education-guidance/documents
"Hazardous Waste Generator Improvements Rule"
Hazardous Waste Generator Improvements Rule

69. Questions?

70. Jenny Patterson
Environmental Program Consultant
Hazardous Waste Section
Division of Waste Management
Jenny.Patterson@ncdenr.gov
336-767-0031
71