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Show details for Air Emissions (RCRA)Air Emissions (RCRA)
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Show details for Best Demonstrated Available Technology (BDAT)Best Demonstrated Available Technology (BDAT)
Show details for Bevill AmendmentBevill Amendment
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Show details for Conditionally Exempt Small Quantity Generators (CESQG)Conditionally Exempt Small Quantity Generators (CESQG)
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Hide details for ContainersContainers
 Description: An inhalation device designed to deliver nitric oxide to patients reaches atmospheric pressure when used and is therefore RCRA empty. If unused, the inhalation device contains a commercial chemical product that meets the P078 listing. The inhalation device is not a “manufactured article” because it is designed to deliver the commercial chemical product inside the device.
 Description: Compacting and baling hazardous waste air filters is considered “treatment” per the definition in 40 CFR 260.10; however, EPA notes that treatment determinations are generally site-specific and recommends facilities work with appropriate authorized states. The compacting process is intended to alter the physical characteristics of waste filters being sent for disposal to reduce the volume, which meets the definition of treatment. If the generator conducts this treatment in compliance with the standards in 40 CFR 262.34 and the container and tank standards in 40 CFR Part 265 subparts I and J, then treatment may be conducted in a 90- or 180-day area without a permit. [Note: the November 28, 2016, final Hazardous Waste Generator Improvements Rule (81 FR 85732) moved many of the citations in the CFR.]
 Description: EPA’s regulatory language in 40 CFR 261.33(c) states the residues remaining in containers that held commercial chemical products are hazardous wastes. EPA has clarified that a hazardous waste residue may be considered separately from its container for purposes of determining the weight of hazardous waste and thus which generator rules apply (SEE ALSO: Monthly Call Center Report Question, November 1983 (RO 12151); Memo, Shapiro to Joseph; December 23, 1993 (RO 11803); and Memo, Rudzinski to RCRA Division Directors; November 4, 2011 (RO 14827)). Accordingly, the same principle would apply for containers in SAAs that held P-listed commercial chemical products that are not RCRA empty per 261.7, and the one-quart accumulation limitation in an SAA (262.34(c)) only applies to acute hazardous waste and any residues within the container. The container itself does not need to be included when calculating the maximum accumulation volume of acute hazardous waste in a SAA.
 Description: A large quantity generator (LQG) must comply with both 40 CFR 265.17(a) and Part 265, Subpart I, including the 50 foot boundary requirement for containers holding ignitable and reactive hazardous waste in 265.176. Section 265.176 is taken from the National Fire Protection Association’s (NFPA) Flammable and Combustible Code of 1977 (NFPA 30). If a LQG is able to comply with 265.17(a) but unable to comply with the 50 foot boundary requirement for the accumulation of ignitable and reactive hazardous waste in 265.176, EPA recommends that the generator work with the EPA regional office or state inspector to determine if the local fire department or fire marshal will provide a written waiver from having to comply with the 50 foot boundary requirement.
 Description: For generators that are managing containers that held P-listed commercial chemical products and that are not RCRA empty per 261.7, three suggestions are provided on how to manage the residues remaining in the containers. First, it is only the weight of the residue in the container that needs to be counted toward generator status; the weight of the container does not need to be counted toward generator status (SEE ALSO: Memorandum, November 1, 1983 (RO 12151)). In some cases, we anticipate that this interpretation will mean that some healthcare facilities that have been counting the weight of the container and therefore managing their hazardous waste in accordance with the LQG standards will now be able to manage their hazardous waste in accordance with the CESQG standards of 40 CFR 261.5. Second, a generator can demonstrate that containers are "RCRA empty" in accordance with 261.7(b)(3)(ii), which allows a container that held an acute hazardous waste to be considered "RCRA empty" if it has been cleaned by a method (other than triple rinsing) "that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal." In the absence of scientific literature, a generator would need test data to show that it has achieved an equivalent removal method. ""Bag beating"" is an equivalent removal method to triple rinsing only for paper bags and not for other types of containers (SEE ALSO: Memorandum, May 20, 1985 (RO 12407)). Third, for containers that held warfarin, a generator could conduct analysis on the warfarin residues remaining in a fully dispensed container and, if the concentration of the residues is =0.3% warfarin, then the residues would not meet the listing description for the P-listed waste, even if the pills originally in the container did meet the listing description. Instead, the residues remaining in the container would be regulated as U248 hazardous waste.
 Description: For typical containers, such as 55 gallon drums, EPA recommends that a container cover be properly secured with snap rings tightly bolted, bungholes capped, and, where appropriate, pressure-vacuum relief valves to maintain the container’s internal pressure to avoid explosions. EPA generally considers a container accumulating free liquids or liquid hazardous wastes to be closed when all openings or lids are properly and securely affixed to the container, except when wastes are actually being added to or removed from the container. Containers holding free liquids or liquid hazardous wastes in an SAA would meet the regulatory definition of closed using manually or spring closing lids or other similar devices for closed-head or closed-top drums (e.g., containers that have two bung holes with non-removable lids). Funnels used to add or remove liquid wastes would be screwed tightly to the bunghold and fitted with a gasket, if necessary, to seal the funnel lid firmly closed. Funnel lids for closed-head and closed-top drums may be fitted with a locking mechanism. Alternatively, the generator may use a funnel with a one-way valve that allows hazardous waste to enter the container but prohibits the waste or emissions from exiting the container. Liquid hazardous wastes also can be accumulated in open-head drums or open-top containers (e.g., where the entire lid is removable and typically secured with a ring and bolts or snap ring) and meet the definition of closed provided the rings are clamped or bolted to the container. The container could be considered closed if the lid covers the container top securely. For solid and semi-solid hazardous wastes, EPA considers the container closed as long as there is complete contact between the lid and the rim all around the top of the container. Containers continuously or intermittently receiving solid or semi-solid wastes (e.g., under a baghouse or filter press) should be capable of catching and retaining all of the material during transfer from a device to the container. Containers with covers opened by a foot pedal (e.g., flip-top or spring loaded lid) or with a self-closing swinging door may also be appropriate. For other types of containers, EPA considers them closed when they are sealed to the extent necessary to keep the hazardous waste and associated air emissions inside the container. Large roll-off containers are closed when indoors and the lids and shut and have a good seal around the rim. Large roll-off containers are closed when outdoors and the tarp is closed. EPA grants discretion to inspectors and enforcement staff to allow a container to remain open for extended periods of time if it is necessary to do so to make sure that all of the hazardous waste from the device is captured. Where the deposition of hazardous-waste into containers is a "batch process," a container of hazardous waste must be kept closed during times when the process is not depositing hazardous waste into the container. Strapping containers together should be strapped together only if this can be achieved without rendering any significant portion of the containers inaccessible for inspection.
 Description: SDS cylinders contain a carbon-based medium which operates as a “molecular sieve” in which the gas is adsorbed and trapped within the interstitial spaces. As a result, the gas is stored under sub-atmospheric pressure, which avoids safety concerns with high-pressure containment and also allows a greater volume of gas to be stored in the container. The storage and delivery cylinders are containers holding unused CCPs, rather than spent materials, and therefore are not subject to regulation under 40 CFR 261.2(c)(3) as spent materials. Containers that held unused CCPs and any residues generated from CCP recovery must undergo a new hazardous waste determination after the cylinders are emptied. Abandoned CCPs are solid wastes (40 CFR 261.2(i)), and if hazardous, are hazardous wastes.
 Description: Even though rinse water from an “empty” container may be non-hazardous, 261.7 does not exempt rinse water because rinse water is not a waste “remaining in” an “empty” container. When residue is removed from an empty container the residue is subject to full regulation under Subtitle C if the removal or subsequent management of it generates a new hazardous waste exhibiting any characteristics identified in Part 261, Subpart C. Rinsing an “empty” container with an agent containing solvent that would be listed when discarded would cause rinsate from an “empty” container to be listed due to the nature of the rinsing agent, not the nature of the waste being rinsed from the “empty” container.
 Description: Summary of generator accumulation regulations. Both LQGs and SQGs may establish satellite accumulation areas (SAA). Waste in excess of 55 gallons or 1 quart of acute hazardous waste must be removed within three days. When a generator exceeds 55 gallons or 1 quart acute hazardous waste, the container must be dated. The generator must date container again when it is moved to central accumulation area. Three days means three consecutive days. There is no federal requirement that full containers of hazardous waste be removed from an SAA within three days of being filled. Generators may transfer hazardous waste between containers to facilitate storage, transportation, or treatment. Containers in SAAs do not have to comply with the air emission standards of Part 265 Subparts AA, BB, and CC. Inspections of SAAs are not required if SAA meets 262.34(c) requirements. Personnel working in SAAs not required to have training. It is permissible to have more than one waste in an SAA and more than one container of hazardous waste in an SAA. The regulations do not limit the total number of SAAs at a generator facility. Generators may not move hazardous wastes between SAAs. A single SAA may have multiple points of generation. Generators must include all hazardous waste in their SAAs in monthly quantities for determining their generator status. Containers attached to equipment discharging hazardous waste must comply with SAA regulations and is a point of generation. Small containers (vials or tubes) may be placed in properly labeled larger containers. (SEE ALSO: 75 FR 12989, 12994; March 18, 2010)
 Description: D009 mercury wastes have LDR treatment standards for low mercury and high mercury-inorganic subcategories. LDR treatment standards include specified technologies such as RMERC, commonly called retorting. Macroencapsulation and microencapsulation are alternative LDR treatment technologies for D009 debris and do not depend on mercury levels in the debris. If alternative treatment standards are not used, the waste is subject to the non-debris standards in 40 CFR 268.40. The definition of debris is located in 268.2(g). Intact containers of mercury (e.g., thermometers, batteries) are not debris (SEE ALSO: 57 FR 37194, 37225; 8/18/92). Intact containers mixed with debris must be removed and managed separately. Certain mercury-containing items may be universal waste (SEE ALSO: 70 FR 45508; 8/5/05). Mercury-containing CESQG and household hazardous waste is exempt from RCRA regulations. Retorters are capable of accepting mercury-containing debris with certain limitations and exceptions. Source separation involves removing mercury-contaminated material from debris. Macroencapsulation involves mixing waste with reagents and stabilization materials to produce a more stable waste form. Macroencapsulation uses surface coatings or jackets to reduce surface exposure to leaching media.
 Description: Hazardous waste generators may treat waste on site in accumulation tanks or containers without a permit or interim status provided that they comply with applicable provisions in 40 CFR 262.34 and the treatment is not thermal treatment (SEE ALSO: 56 FR 10146, 10168; 3/24/86). A small quantity generator (SQG) performing on-site treatment in a tank only follows the special standards in 265.201 and not all of the Part 265, Subpart J requirements. Standards in 265.201 supplant Subpart J requirements for SQGs rather than supplement them. Part 265, Subparts I and J, including SQG tank standards in 265.201, apply whether a unit is used for treatment or accumulation. Authorized states can have more stringent requirements.
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