Hazardous Waste Generators
Generators of Hazardous Waste are regulated under 40 CFR Part 262. A generator is “any person, by site, whose act or process produces hazardous waste identified or listed in Part 261, or whose act first causes a hazardous waste to become subject to regulation”.
Generators fall into one of three general groups depending upon the amount of waste generated in a calendar month. The three classes of generators are as follows:
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Type |
Quantity |
|
|
|
|
Large Quantity |
>1000 Kg Per Month >1 Kg Acute Waste Per Month >100 Kg residue or contaminated soil form clean up of acute hazardous waste |
|
Small Quantity |
Between 100-1000 Kg per month |
|
Conditionally Exempt Small Quantity Generator |
<1000 Kg Per Month <1 Kg Acute Waste Per Month <100 Kg residue or contaminated soil form clean up of acute hazardous waste |
Part 262 includes the following Subparts:
- EPA Identification Numbers
- The Manifest System
- Pre-Transport Requirements including Accumulation Times by Generator Type
- Recordkeeping and Reporting
- Exports of Hazardous Waste
Hazardous Waste Transporters
Hazardous waste transporters are regulated by both 40 CFR Part 263 (Standards Applicable to Transporters of Hazardous Wastes) and CFR 49 Parts 171-177 (DOT Hazardous Material Regulations). Those regulations include but are not limited to the following:
- Compliance with the Hazardous Waste Manifest System
- Proper Use of the Hazardous Material Table, Marking, Labeling and Packaging requirements
- Proper Load Placarding and Segregation of Waste Types
- Spill containment and Reporting
- Safety and Security Plans
- 10 Day Transfer Facilities
- Training of Drivers and those responsible for completing Shipping Papers and Manifests
Treatment, Storage and Disposal Facilities (TSDF)
TSDF facilities are regulated under CFR 40 Parts 264/265. A TSDF could be a treatment, storage, or disposal facility, or a combination of all three. The standards for new facilities are found in Part 264. Part 265 outlines the standards for those facilities that were constructed prior to the implementation of RCRA.
Congress directed EPA to establish a system for issuing permits for the operation of TSDFs. TSDFs must not only comply with the standards of Parts 264/265, but the owner must also obtain a permit in Part 270 to engage in hazardous waste activities. The permit is an authorization, license to engage in the hazardous waste activities which is issued by the EPA or the State authorized for issuing the permit. A generator of hazardous waste does not need a TSDF permit unless it intends to store hazardous waste longer than the timelines established in the Generator Standards 40 CFR Part 262.
The Standards found in Part 264/265 pertain to the general facility operating requirements. The purpose of the standards define which units are subject to regulation and establish general specifications, set reporting and recordkeeping requirements, and specify procedures for daily operation and emergencies.
40 CFR 268 Land Ban
Between 1985 and 1998, most of the new regulations imposed by the EPA were associated with the land disposal restrictions (LDR) program. This program was mandated due to Congress’ concern with the land disposal of untreated hazardous waste. The LDR program ensures that land disposed hazardous waste does not pose a threat to human health or the environment. This is accomplished by the EPA setting treatment standards for all hazardous waste bound for land disposal. The treatment standards (treatment method or qualitive analytical results) ensure hazardous waste is properly treated to destroy or stabilize hazards prior to land disposal.
As soon as a hazardous waste is generated it is subject to the LDR prohibitions.
The LDR program has three major components which address disposal, dilution and storage.
- The Disposal prohibition states before a hazardous waste can be land disposed, treatment standards specific to the waste material must be met. A TSDF may meet such standards by either treating the hazard in the wastes to meet required treatment levels by any technology or treating the waste by using the Best Determined Available Technology (BDAT) assigned by the EPA to render the waste safe for land disposal. The levels and technology are assigned in Part 268.
- The Dilution prohibition states that the waste must be properly treated and not simply diluted in concentration by adding large amounts of water, soil, or non-hazardous waste.
- The Storage prohibition states the waste must be treated and cannot be stored indefinitely. This prevents generators and TSDF facilities from storing hazardous wastes over a long period of time. TSDF’s have a one-year storage limitation before the waste must be treated.