As we discussed yesterday, a generator is a CESQG in a calendar month if it generates in that month no more than: 100 kilograms (kg) of hazardous waste, or 1 kg of acute hazardous waste, or 100 kg of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of acute hazardous wastes. Here are a few questions CESQGs commonly ask about their Resource Conservation and Recovery Act (RCRA) obligations. The answers are provided by US EPA but, keep in mind that your state environmental agency has substantial authority to write their own RCRA regulations and may provide different responses.
#1 Are CESQGs that accumulate universal waste required to manage the waste in accordance with 40 CFR Part 273 or 40 CFR 261.5?
40 CFR Part 273 lists the universal waste regulations applicable to CESQGs while 40 CFR 261.5 lists the “special requirements” for hazardous waste generated by CESQGs. According to the EPA, CESQGs have the option of handling their waste under the reduced generator requirements in 40 CFR 261.5 or as universal wastes (40 CFR 273.8). The EPA believes that allowing CESQGs to choose the regulatory option that best meets their circumstances will aid in ensuring the effective collection, management, and disposal of universal wastes. However, if universal wastes generated by the CESQG are commingled with universal wastes from a small quantity generator (SQG) or large quantity generator (LQG) and if the waste meets the federal definition of hazardous, it must be managed as a universal waste in accordance with 40 CFR Part 273; the 40 CFR 261.5 option is not available.
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#2 Are CESQGs subject to the manifesting requirements for hazardous waste?
CESQGs meeting all the requirements of 40 CFR 261.5 are not subject to manifesting requirements.
#3 Are CESQGs required to obtain EPA identification (ID) numbers?
CESQGs do not need to obtain EPA ID numbers because they are exempt from the notification requirements in RCRA Section 3010 (40 CFR 261.5(b)). RCRA-authorized states may have more stringent requirements for obtaining an ID number.
#4 Are CESQGs exempt from the used oil management standards in 40 CFR Part 279?
40 CFR Part 279 contains no exemptions for any class of generators based on used oil generation rate. All used oil generators producing used oil through commercial or industrial operations and vehicle services must comply with the same uniform standards. Only the entities or material listed in 40 CFR 279.20(a)(1) through (4)–i.e., household “do-it-yourselfer” used oil generators; vessels; diesel fuel; and farmers–are exempt from the used oil management standards.
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#5 Are CESQGs required to perform weekly inspections of hazardous waste containers according to the requirements of 40 CFR 265.174?
In contrast to SQGs and LQGs, CESQGs are not required to perform inspections of hazardous waste containers. However, states may impose inspection requirements on all generators. Whether or not there is a requirement, CESQGs are advised to routinely check that systems and equipment are operating correctly and look for spills, leaks, and deterioration of containers.
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