The document summarizes changes to EPA's hazardous waste generator regulations known as the Hazardous Waste Generator Improvement Rule (HWGIR). Some of the major changes include: allowing very small quantity generators to send their waste to large quantity generators under common control for consolidation; clarifying hazardous waste determination requirements; allowing generators to conduct episodic generation; revising labeling and marking standards; updating biennial reporting for small quantity generators; and strengthening preparedness and planning requirements for small and large quantity generators. The revisions are aimed at simplifying and clarifying the regulations based on input from states and stakeholders.

1. Hazardous Waste Generator
Improvement Rule
AET Environmental, Inc.
March/April 2017

2. Hazardous Waste Generator Improvements
Purpose of the Rule:
• Making the rules easier to understand and providing
generators with greater flexibility in how hazardous waste is
managed
• Enhance the safety of facilities that generate hazardous waste
and the response capabilities of ER responders by improving
risk communication
• To incorporate feedback from the regulated community, states
and stakeholders to improve the hazardous waste generator
program

3. Background
• Congress passes Resource Conservation and Recovery
Act (RCRA) in 1976
• EPA promulgates the regulations in 1980
• Congress passes Hazardous and Solid Waste
Amendment (HSWA) in 1984 (Land bans)
• HWGIR represents the first real changes to the basic
waste regulations in 36 years
• Designed to incorporate years of experience in
implementing the program to simplify, clarify ambiguities
and inconsistencies in the regulations with input from
states and stakeholders

4. Revisions
• There are more than 60 changes to the hazardous waste
generator regulations that clarify existing requirements,
increase flexibility and improve environmental protection
• Some minor, technical in nature
• Others more significant
• Effective Date: May 30, 2017 (Alaska & Iowa)
• Effective in Colorado: ??? (Likely Spring 2018)

5. Reorganized Rule Structure
(Where do I find it?)
Provision Original Citation in 40 CFR New Generator Citation in 40 CFR
Definition of Generator Categories §260.10, 261.5, &262.34 §260.10
Hazardous Waste Determination
and Recordkeeping
§262.11 and 262.40 (c) §262.11
Generator Category Determination §261.5 (c) - (e) §262.13
VSQG Provisions §261.5 (a), (b), (f) – (j), and 258.28 §262.14
Satellite Accumulation Area
Provisions
§262.34 (c), 265, 171, 265, 172,
and 265.173 (a)
§262.15
SQG Provisions §262.34 (d) – (f) and 268 §262.16
LQG Provisions §262.34 (a), (b), (g)-(i), (m), and
268
§262.17
EPA Identification Numbers §262.12 §262.18
Landfill Ban for Liquids §258.28 §262.35

6. New Definitions / Clarifications
• Acute Hazardous Waste Listing (H) in 262.31 and
262.33 (U and P-Codes)
• Central Accumulation Area-on site storage for
LQG/SQG (formerly 90-day or 180-day area)
• Non-Acute Hazardous Waste
• Very Small Quantity Generator (replaces CESQG)

7. Independent Requirements vs.
Condition for Exemptions
• Independent Requirement
-- A standard that must be met, that applies regardless of a conditional
exemption (All generator categories)
• Condition for Exemption
-- A requirement(s) that must be met in order to get the conditional
exemption from more burdensome requirements (periodic inspections of
the waste area, RCRA training requirements, accumulation time limits, etc.)
• If “condition” is not met, EPA may penalize the generator
for failure to meet the condition and may apply ALL
requirements for non-exempt facilities (Part B permit)

8. Summary of Changes
• VSQG waste consolidation
• Hazardous Waste Determinations
• Episodic Generation
• Labeling & Marking of Containers
• Reporting – Biennial & Re-notification (SQG)
• Satellite Accumulations Areas (SAA)
• Preparedness and Planning

9. VSQG Waste Consolidation
• VSQGs may send their waste to LQGs under the control
of the same person for consolidation and management
provided certain conditions are meet by VSQG and LQG.
• “Control” means: power to direct the policies of the
generator, whether by stock ownership, voting rights or
otherwise. (does not include contractors)
• In some cases organizations, government and academia
may have SAAs that qualify as VSQGs and could take
advantage of this provision to send waste to an LQG
within their company or campus.

10. VSQG Waste Consolidation (cont.)
• LQGs must meet the following conditions:
– Make a 30 day notification prior to receiving first shipment
– Must include VSQG name, address contact phone
– Update notice within 30 days of any changes
• Retains shipment records for 3 years from receipt date
• Manage under 90-day rules
• Label with date received in addition to 90-day markings

11. Hazardous Waste Determinations
A person who generates a solid waste must
determine if hazardous waste
Hazardous Waste Identification Listings
• At point of generation
• Before diluting, mixing alteration
• At any time it changes its properties as a
result of exposure to the environment or
other factors
• Must determine if listed and/or
characteristic
- Determine all applicable waste codes
• Knowledge of the waste
-Waste origin
-Composition
-The process
-Feedstock
-Any other reliable or relevant information
-Process knowledge
-Product, by-product intermediate information
-Chemical physical properties
-Testing
-Other reliable or relevant information
• Generators must test when knowledge is inadequate Representative sample

12. Hazardous Waste Determinations (cont.)
• Record Keeping Requirements
– 3 year record retention of waste determinations from date
last shipped to off-site TSDF
– Documentation of generator knowledge
• Records must include (as applicable)
– Test results/waste analysis
– Test/analytical methods
– Records review

13. Episodic Generation
• Change in generator status due to a planned or
unplanned event
– Keep current generator status provided certain conditions are
met
– Episodic waste not counted towards status
• One (1) episodic event per year (may petition for a second)
• Event notification to EPA
– > 30 days before a planned event (ie: plant maintenance)
– < 72 hours after unplanned event

14. Episodic Generation (cont.)
• Must obtain EPA ID number (if you don’t have one)
• Notification Must Include:
– Event detail
– Reason
– Start/End Date
– Emergency Coordinator and Facility Contact
• 24-hour phone access
• Able to discuss notification or respond to emergency

15. Labeling and Marking
• Revised labeling and marking requirements (applies to both
containers and tanks)-must clearly indicate hazardous of the
hazardous waste contained inside
• Applies to LQGs and SGQs
• Markings must include:
– The words “Hazardous Waste” and Accumulation Start Date
– Indication of the hazards including:
• EPA Waste Codes (incineration of Lab Packs exempt-except D004-D011)
• HazCom consistent with DOT (shipper info, PSN, UN/NA number, etc.)
• Statement or pictogram consistent with OSHA-HazCom program
• National Fire Protection Association (NFPA) chemical hazard label

16. Reporting
• Biennial Reporting- revision in the current regulations
for completing the biennial report to be consistent with
the instructions distributed with the form
• SQGs must re-notify status every four (4) years
– Effective 2021
– By September 1st
• LQGs Closure-if closing a unit or the facility must
perform one of the following notifications:
– Place a notice in operating record within 30 days after closure
– Meet all closer performance standards (document file)

17. Satellite Accumulation Areas (SAA)
• SQGs/LQGs accumulating hazardous waste in SAAs
now have special requirements for incompatible
materials
– Do not place in same container
– Do not place in unwashed containers
– Separate or protected by any “practical means”
• Exceptions to “closed” container rule:
– Adding
– Removing
– Consolidating
– Temporarily Venting
• Properly operate equipment
• Prevent dangerous situation

18. Satellite Accumulation Areas (SAA) (cont)
• Containers (55-gallon max) must be in good
condition or transferred to a good container or
Central Accumulation area
• Acute Hazardous Waste Limits
– 1 quart (liquids)
– 1 Kg (solids) –(first application of a weight limit)
• Clarification of Three Day limit to transfer waste;
means “three consecutive days” (note: only 24 hours in
Colorado)

19. Satellite Accumulation Areas (SAA) (cont)
• Language Modification for Exceeding Limits-
must remove excess waste to Central Accumulation
Area or ship to off-site TSDF
• Preparedness and Prevention in SAAs
– SQGs must meet requirements of 262.16(b)(8)
– LQGs must meet emergency procedures in subpart M of
the regulations

20. Preparedness and Planning
• Updating emergency response and contingency planning
provisions for SQGs and LQGs to include Local
Emergency Planning Committees (LEPC) among those
emergency planning organizations with which a
generator may make response arrangements. (can’t just
send certified mail; they have to receive it)
• Facilities with 24-hour response capabilities may seek a
waiver form local authorities with jurisdiction over fire
code from making arrangements with local fire dept.

21. Preparedness and Planning (cont.)
• SQGs now must post required information by the
phone of in “areas directly involved in the generation
or accumulation”
• SQG/LQG must have required equipment:
– “Most appropriate Locations”
– Anywhere Hazardous Waste in generated or accumulated
– Unless:
• No hazards posed by any waste
• Area does not lend itself for safety reasons for a particular kind of
equipment

22. Preparedness and Planning (cont.)
• LQGs must submit a Quick Reference Guide with new or
updated contingency plans
• Quick Reference Guide must include:
– Hazardous Waste Type
– Waste (generic) name
– Hazards
– Maximum amount on site at any time
– Unique/special treatment
– Facility map
– Street map (locations of schools, businesses, water supply, etc)
– Identification of on-site monitor/alarms (smoke detectors, CO2)
– Emergency Coordinators
– 7 day/24 hour-emergency phone numbers

23. Other Changes
• All generators may not dispose of hazardous waste
in landfills
• Generators may apply for a waiver for storage of
Ignitables and Reactives greater than 50 ft from
property boundary (written approval from local fire authority)
• More on Ignitables and Reactives:
– Precautions to prevent accidental ignition or reaction
– Separate and protect from sources of ignition and radiant
heat
– Confine smoking to designated locations
– Post “No Smoking” signs by ignitable and reactive waste

24. Questions?