In late 2015, we discussed some substantive proposed changes to the Resource Conservation and Recovery Act – RCRA (Meaningful Amendments to the Resource Conservation and Recovery Act). As we stated then, these amendments appeared to be helpful to smaller generators of hazardous waste.
With little fanfare, perhaps because the country was consumed with the national elections, these, arguably, significant changes to RCRA were published on November 28, 2016. See EPA Final Rule. This final (federal) rule is effective on May 30, 2017.
RCRA Relief
While there are a number of changes for those who have hazardous waste management responsibilities, according to the EPA’s rule summary, the two key provisions of the amendments include:
- Allowing a hazardous waste generator to avoid the increased burden of a higher generator status when generating episodic waste, provided the episodic waste is properly managed and
- Allowing a very small quantity generator (VSQG), previously referred to as Conditionally Exempt Small Quantity Generators (CESQG), to send its hazardous waste to a large quantity generator “under control of the same person.”
These two particular provisions should help reduce some regulatory burden without compromising environmental protection.
New RCRA Requirements
There are some changes that will add additional reporting and record-keeping requirements. For example, there are changes regarding satellite accumulation areas affecting labeling and reporting requirements, as well as emergency/contingency plan requirements.
Beginning in 2021, any person (including Small Quantity Generators [SQG]) who generates, transports, or recycles regulated wastes will be required to re-notify the control authority (EPA or state, if authorized) of waste-related activity using EPA Form 8700-12.
Also, facilities that recycle hazardous waste (without storing the waste) will be required to prepare and submit a Biennial Report.
Biennial reports for Large Quantity Generators (LQG) of hazardous waste must identify all the hazardous waste generated in the calendar year, not just the months in which they were a LQG.
For Alaska and Iowa (states not authorized under RCRA), these changes will be effective on May 30, 2017. For all other states, these changes will not take effect until the state adopts equivalent requirements.
We emphasize that, as with any changes to environmental regulations, you should carefully consider how the changes, in their entirety, may affect your day-to-day activities.
If you conduct regular compliance assessments, you will also want to factor these changes into your review of waste handling.
If you have questions about this or other environmental compliance issues, including compliance assessments, please contact either Matt Schroeder, M.S., P.E. (mschroeder@dragun.com) or Jeff Bolin, M.S., CHMM (jbolin@dragun.com) at 248-932-0228.