For anyone that has ever been responsible for permitting, reporting, or conducting a site closure under the Resource Conservation and Recovery Act (RCRA), you know how prescriptive and at times, illogical, RCRA can be. And if you have an old “dog-eared” set of RCRA regulations on your shelf, you might appreciate some of what the US Environmental Protection Agency (EPA) is proposing.

The EPA, recognizing that some of the aspects of RCRA may actually be an impediment to the aim of protection of human health and the environment, is proposing several changes that may be helpful to smaller generators of hazardous waste.

According to the EPA, they are “…proposing to revise the hazardous waste generator regulations under RCRA to improve compliance by the regulated community and support the efficient implementation of the hazardous waste generator regulations by EPA and the states and, thereby enhance protection of human health and the environment.”

While not a comprehensive analysis, here are some points of interest (from the Federal Register Notice) of the proposed changes to RCRA.

Sending Waste from CESQG to LQG

One of the provisions that is getting a lot of positive press is the EPA’s proposal to amend § 261.5(f)(3) and (g)(3) to allow Conditionally Exempt Small Quantity Generators (CESQGs) to send their hazardous waste to Large Quantity Generators (LQGs) that are operated under control of the same person. This could be a positive from a risk perspective, as it would encourage timelier disposal from CESQGs, who can accumulate waste without a time constraint (LQGs have a 90-day limit). The LQG would be required to report the waste they receive from the CESQG on their biennial report. Also, as proposed, there is no limit on the amount of waste a LQG can receive from a CESQG.

The EPA is also proposing to change the name from CESQG to very small quantity generator (VSQG).

Allowance for an Episodic Event

With provisions that certain conditions are met, the EPA is proposing to allow for an episodic event (of waste generation) that would otherwise push smaller generators into a more stringent regulatory category. These (planned or unplanned) events can change the regulatory compliance obligations for a Small Quantity Generator (SQG) substantially, yet they are not reflective of the actual operations. In general, a generator would be able to use this provision once per year and it might prove to be very helpful should additional waste be generated as a result of housekeeping, maintenance, or other activities that result in a temporary uptick in normal generation of hazardous waste.

Consolidation of RCRA Regulations

Another positive aspect is an attempt to make the regulations more user friendly. As noted by the EPA, “Currently, the hazardous waste generator regulations are located primarily in three different parts of the CFR (40 CFR parts 261, 262, and 265). In some cases, it is difficult to determine what components of the regulations apply to different categories of hazardous waste generators.”

The revised regulation would be organized in the following manner:

  • 14: Conditions for exemption for CESQG (or VSQG)
  • 15: Conditions for exemption for satellite accumulation areas
  • 16: Conditions for exemption for SQG
  • 17: Conditions for exemption for LQG

Recyclers of RCRA Waste

If you recycle waste, you should be aware that the EPA is proposing to modify 40 CFR 261.6(c)(2) to require owners or operators of facilities that recycle hazardous waste without storing it prior to recycling to comply with the biennial reporting requirements. The rationale for this, according to the EPA, is “Because these entities receive hazardous waste using a hazardous waste transporter and hazardous waste manifest, similar to a permitted TSDF or a facility with interim status, the Agency is proposing to amend its regulations and instructions to specify that such facilities must complete and submit a biennial report to EPA.”

Much of what we’ve seen will likely be welcomed changes, but again, we want to emphasize that it will require some time to review and assess how it might apply to your particular operations.

As always, feel free to contact me with any questions you may have regarding environmental compliance issues. You can reach me (mschroeder@dragun.com) at 248-932-0228, ext. 117.