September 9, 2015

EPA Proposes Significant Changes to the RCRA Generator Regs

EPA Administrator Gina McCarthy signed a proposed rule on August 31, 2015 that would make significant changes to the hazardous waste generator regulations. Although we will give additional details in the October edition of McCoy’s RCRA Review, some of the issues EPA is proposing to address in this rulemaking include the following:

Most of the generator requirements would be consolidated in Part 262 to reduce cross-references to Parts 261, 265, and 268.
“Very small quantity generators” (VSQGs) would replace “conditionally exempt small quantity generators,” and the monthly quantity limits that define each generator category would be clarified. Also, VSQGs would be allowed to send hazardous waste to an offsite LQG (if both facilities are under the control of the same person).
New provisions would allow VSQGs and SQGs to maintain their existing generator category in the event of episodic generation if certain conditions are met.
Satellite accumulation containers and 90/180-day accumulation tanks, containers, containment buildings, and drip pads would be subject to additional requirements.
Preparedness, prevention, and emergency procedures for SQGs and LQGs would be clarified and strengthened.
Closure requirements for LQG accumulation units would be expanded.

The proposal has not been published in the Federal Register yet, but EPA has provided a summary, answers to frequent questions, and a prepublication copy of the proposed rule.

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This document addresses issues of a general nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with the environmental regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.