SQGs and CESQGs

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SQGs and CESQGs

• California subtitle Facilities that generate not
  more than 1000 kg/month and facilities that
  generate not more than 100 kg/month

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Road map for today

• Definitions
• How it works in 40 CFR
• General application (reading regs)
• Satellite Accumulation
• Episodic Generation
• Relationship with Universal Waste
• Silver-only facilities
• Model checklist

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Reminder

• Just a reminder
• What we are going to talk about to day are an
  alternate set of rules for CESQGS and SQGs
• Any SQG or CESQG can choose to follow the
  default rules and still be within the
  allowances of the law

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Definitions

• The terms Small Quantity Generator (SQG) and
  Conditionally Exempt Small Quantity Generator
  (CESQG) began as, and still are, federal terms
• SQG 40CFR260.10
• Generator who generates less than 1000 kg of HW
  in a calendar month
• CESQG 40CFR261.5(a)
• Generates no more than 100 kg of HW in that
  calendar month

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How does the state get there?

• California does define a SQG in T22, CCR,
  66260.10
• Generator who generates less than 1000 kg of HW
  in a calendar month
• No official California definition of a CESQG
• Regulations refer to generators of less than 100
  kg of HW per month
• Clear definition in HSC 25218.1(a) but only
  applies to CESQGs and HHW

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How it works under RCRA

• LQGs get routine 262.34 rules
• SQGs get relaxed 262.34 rules 40 CFR
  262.34(d)(e)(f)
• CESQGs generally get exempted from most rules 40
  CFR 261.5

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Youve won a fully paid tripto 40 CFR!

• In California, T22, CCR, 66262.34(d) says
  notwithstanding subparts (a) through (c) of this
  and 66262.35, a generator of less than 1000 kg
  of hazardous waste in any month who accumulates
  HW onsite for 180 days or less, or 270 days or
  less if ..offers the generators waste for
  transportation over a distance of 200 miles..
  and the generator complies with the requirements
  of subdivisions (d), (e) and (f) of section
  262.34 of Title 40 of the Code of Federal
  Regulations.
• Very similar language can be found in HSC
  25123.3(h)(1)

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But before we get there

• Notwithstanding (a) and (c)
• The requirements of these sections DO NOT apply
  if conditions are met
• Article 9, 10, Subpart cc, 66265.16, article 3
  and article 4 (Chapter 15), 66268.7(a)(5)
• Conditions that apply
• Never exceed 6000 kg of HW onsite
• Meet requirements of 40CFR 262.34(d-f)
• Does not hold gt1 kg acutely HW for gt90 days

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Section 262.34(e)

• Allows for accumulation of waste for 270 days if
  transporting waste more than 200 miles
• Note CFR limits this to SQGs, not allowing it
  for CESQGs
• California does not limit this because
  Californias 270 day rule is more restrictive
  than the federal CESQG rules in 261.5

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Section 262.34(f)

• Allows for the granting of a 30-day extension for
  storage greater than 180/270 days
• If no extension granted, generator is subject to
  all normal generator standards
• (You can grant 30-day extensions for accumulation
  of non-RCRA wastes, DTSC must handle all RCRA
  waste requests)

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Section 262.34(d)

• Section 262.34(d)
• (1) the quantity of waste accumulated onsite
  never exceeds 6000 kilograms
• Same as conditions as to be met in Title 22, CCR,
  66262.34(d)(1)
• (2) Complies with subpart I of part 265, except
  265.176 and 265.178
• (3) Complies with the requirements of 265.201 of
  subpart J of part 265

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More of section 262.34(d)

• (4a) Mark containers according to 262.34(a)(2)
  and (3)
• (4b) Subpart C of part 265
• Emergency equipment, maintenance of facility,
  communication/alarms, aisle space, arrangements
  with local agencies
• (4c) Section 268.7(a)(5)
• If managing or treating a prohibited waste, must
  have a waste analysis plan

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More of section 262.34(d)

• (5) response to an emergency
• One person on premises or on call to coordinate
  emergency actions
• Post info near phone
• Name and phone of coordinator
• Location of extinguishers and spill control
  material
• Fire Department phone number
• Ensure that employees are familiar with waste
  handling and emergency procedures
• Respond to emergencies

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Closer look at 262.34(d)

• Subpart I (Container Management)
• Very similar to 66265.170-.178
• Minor wording differences, non-substantive
• Container marking no change from T22 (all other
  marking required by (f) which is not exempt
  notwithstanding (a) and (c))
• No formal written training plan or records
• Ensure that employees are thoroughly familiar
  with proper waste handling and emergency
  procedures, relevant to their responsibilities

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Closer look at 262.34(d)

• Subpart J (Tank Management)
• Very different from 66265.190-.202
• 40 CFR 265.201 has special requirements
• 2 feet freeboard on open-topped tanks
• Overflow control for continuous feed systems
• Daily inspection of overflow control, monitoring
  equipment data, level of waste in tank
• Weekly inspection of tank and surrounding area
• Special rules for ignitable and reactive wastes
• NO REQUIREMENT FOR SECONDARY CONTAINMENT

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Closer look at 262.34(d)

• No written Contingency Plan
• Post information near phone
• Name and phone of coordinator
• Location of extinguishers and spill control
  material
• Fire Department phone number
• One person responsible for emergency
  coordination/response
• Onsite or readily available by phone

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Other CESQG requirements

• Obtain a EPA ID Number
• CAL number if federal CESQG
• Transportation recordkeeping
• Manifests if used
• Consolidate manifest receipts if used
• None if self transporting (but advisable to keep
  a written log or receipt for proof
• Waste Determination
• Same as any other generator analysis or
  generator knowledge

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Things SQGs/CESQGs are NOT subject to

• Subpart CC air emissions standards for Volatile
  Organic wastes
• Biennial Reporting
• Unless generating more than 1 kg of acutely
  hazardous waste per month
• Written Contingency and Training Plans
• Tank and Containment assessments

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Transportation

• Subject to manifest rules
• Except silver from CESQGs (HSC 25143.13 and 40
  CFR 261.5)
• CESQGs and SQGs can use consolidate manifesting
  for select wastes HSC 25160.2
• Language in 25160.2(b)(9) clearly states that all
  other manifesting requirements must be met unless
  exempted by this section

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CESQGs to TSDFs

• CESQGs may self-transport waste to TSDF or
  other authorized facility without a manifest
  HSC 25163(c)
• Limits on amounts
• 5 gallons or 50 pounds per trip
• No limit on monthly amounts that can be delivered
• Limit Acutely Haz. Wastes to 2.2 lbs./trip

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CESQGs to HHWs HSC 25218

• Recognize that for purposes of this combo, CESQG
  is defined, using 40 CFR 261.5 definition
• HHWs have the right of choice to accept or
  not-accept waste from CESQGs
• Limits on amounts
• Max 100 kg (or 1 kg acutely) per month can be
  brought to HHW by CESQG
• Max 5 gallons or 50 pounds (2.2 lb AHW) may be
  transported at any one time by CESQG

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CESQGs and SQGs to Used Oil Collection Centers
HSC 25250.11

• Both SQGs and CESQGs can self-transport used oil
  to a used oil collection center without a
  manifest
• Limits on amounts
• With prior approval from receiver
• Largest container capacity is 55 gallons
• Ship no more than 55 gallons per load
• Without prior approval from receiver
• No more than 20 gallons total in containers of 5
  gallons or smaller

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Satellite Accumulation

• Can be used by CESQGs and SQGs
• Same rules apply
• How long can waste be held, once moved from the
  satellite area to the 90 day area?
• Can accumulate waste, once moved up to 180 or 270
  days, but never more than 1 year from first drop
  added at satellite area.

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Episodic Generation

• What is it?
• Not an officially recognized term in CA
• When a generators status changes from one
  month to the next depending on the amount of
  waste generated.
• LQG standards would apply for related
  activities for the next month (according to RCRA
  Orientation manual, EPA530-R-98-004)

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Episodic Generation

• Effects
• If SQG moves to LQG, generally Training Plan,
  Contingency Plan must be developed
• If episodically generated waste is stored in
  tanks, tanks should have integrity assessment and
  secondary containment
• Biennial Reporting may be required if the
  episodic waste is RCRA regulated

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UW and Generator Status

• The amount of UW generated by a business does NOT
  affect or count toward the generator status
• Can not make a CESQG a SQG
• The generator status used to affect UW handling
• As of 2/8/06 (yesterday!) Conditionally Exempt
  Small Quantity UW Generators could dispose some
  UW as Non-hazardous waste
• To be a CESQUWG, must be a CESQG when adding all
  HW and UW

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Silver Only Facilities

• HSC 25143.13 says that wastes that are
  hazardous solely due to silver are to be
  regulated only as if they are regulated under the
  federal rule
• If this is the only waste stream then what?

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Silver Only Facilities

• If only waste stream is a silver-only, and
  assuming the facility is a CESQG
• Subject to 40 CFR 261.5
• Make a waste determination
• Send the silver for reclamation or disposal as HW
• Document this transfer by manifest or receipt or
  contract with refiner

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Resources

• Your CUPA Liaison
• www.dtsc.ca.gov (search for CUPA liaison)
• Mickey Pierce
• [phone] or mpierce_at_dtsc.ca.gov
• Hazardous Waste Generator Inspection Report
• At back of room