RCRA Lessons Learned—Know Your Status!

Recap: Under the federal Resource Conservation and Recovery Act (RCRA) rules, and most state variations of the RCRA rules, there are three classes of generators: large quantity generators (LQGs), small quantity generators (SQGs), and conditionally exempt small quantity generators (CESQGs). The classes are defined by the amount of hazardous waste generated each month. If you are not careful, you can be an SQG one month and then slip into LGQ status the next month.

Note: It is critical to remember that most states have been delegated the authority to run their hazardous waste programs. Some states have not adopted the federal CESQG class. If the federal generator classifications conflict with the state generator classifications, the stricter (i.e., more inclusive) state law prevails.

---

Forget expensive calls to lawyers and consultants. With Enviro.BLR.com, you get instant access, 24/7. Try it out today and get the 2015 EHS Salary Guide, absolutely free. Download Now.

---

Here’s what happened recently in Region 6.

Three Cases of Generator Confusion

1. The New Mexico facility of an international specialty chemicals company was undergoing an EPA review of the facility’s hazardous waste activities. According to the Agency, the data revealed that on several occasions, the facility generated quantities of waste that triggered the LQG requirements. During those periods, the facility continued to notify and operate as a CESQG or an SQG of hazardous waste.  The company was required to pay a $168,817 fine and come into compliance with RCRA regulations.

2. The folks in EPA Region 6 appear to enjoy data reviews. A Houston metal fabricator that specializes in industrial HVAC systems recently underwent a data review by those good old data analysts in Region 6. The facility was found to have skipped around their generator status up to LQG class on a number of occasions, but continued to operate as a CESQG. The facility had to come into compliance and pay a $91,773 fine.

---

Everything You Need for Environmental Compliance

Enviro.BLR.com puts everything you need at your fingertips, including practical RCRA, CAA, CWA, hazardous waste regulatory analysis and activity, news, and compliance tools. Try it at no cost or risk and get a FREE report.

---

3. Here’s a big one. The company involved operates throughout Texas and is a source for hydraulic fracturing, cementing, nitrogen services, and acidizing services. The company provides well services largely in the Permian, Barnett, and Eagle Ford shale basins. The company reports indicated that it was operating as a CESQG by producing less than 100 kilograms, or 220 pounds, of hazardous waste a month. The EPA determined that the company was actually operating as an LQG and that it also failed to maintain adequate records of hazardous waste stored at the facility and to properly label hazardous waste. The company was fined $501,175.