Episodic Waste Generation

Occasionally, VSQGs and SQGs conduct activities at their facilities that will result in the generation of higher amounts of hazardous waste for shorter periods of time. Sometimes, this occurs because of increased production at a facility. But sometimes it occurs because of a planned one-time event, or an unplanned one-time event. This may be Episodic Waste Generation.

The regulatory requirements for very small quantity generators (VSQGs) and small quantity generators (SQGs) that temporarily generate higher amounts of HW as a result of an episodic event are the streamlined requirements found in the Episodic Waste subpart of the regulations. VSQGs and SQGs may operate under streamlined requirements if they have a temporary change in their generator category as a result of an episodic event provided that certain eligibility requirements are met. If these requirements are met, hazardous waste managed as part of an episodic event does not have to be counted toward a generator's category. If they do not meet these episodic requirements, they must notify that they are now an LQG and comply with all applicable LQG requirements, including counting all waste, for the period until all LQG wastes are shipped off-site, then they can re-notify of their lower status.

Overview of Regulatory Provision

• One episodic event allowed per year plus an opportunity to petition for a second event
• The petition process allows a total of 1 unplanned and 1 planned event per year if the petition is approved. Example: A generator conducts a clean out in the spring and then has an unexpected recall in October. A generator plans a small episodic project for the fall but a hurricane causes facility damage in July
• An episodic event can last up to 60 days
• A generator can complete multiple projects during the 60-day time limit for the episodic event
• The 60-day time frame should allow waste from unplanned events to be characterized and allow arrangements for disposal to be made
• All hazardous waste must be shipped off site by the end of 60 days or that waste counts toward the generator's category and must be managed under the regulations for that category of generator.

Episodic Event - An activity or activities, either planned or unplanned, that does not normally occur during generator operations, resulting in an increase in the generation of hazardous waste that exceeds the calendar month quantity limits for the generator's usual category.

Planned Episodic Event - An episodic event that the generator planned and prepared for, including regular maintenance, tank clean-outs, short-term projects, and removal of excess chemical inventory.

Unplanned Episodic Event - An episodic event that the generator did not plan or reasonably did not expect to occur, including production process upsets, product recalls, accidental spills, or “acts of nature,” such as tornado, hurricane, or flood.

Notification Requirements

Both VSQGs and SQGs must notify DEQ about episodic events using the Site ID form (EPA form 8700-12). In the case of a Planned Event, a generator must notify 30 or more days prior to the episodic event stated on the 8700-12 form. In the case of an Unplanned Event, a generator must notify within 72 hours of the event by phone or email and follow up with the 8700-12 form. Information and requirements for Episodic Waste Generation include; a VSQG must get an EPA ID number (automatic upon submitting the 8700-12 form); the start and end dates of the episodic event (no more than 60 calendar days); the reason for the event; the types of hazardous waste; the estimated quantities of hazardous waste; and the emergency coordinator contact information.

Very Small Quantity Generators (VSQGs)

Labeling Requirements: Containers must be labeled with the words "Episodic Hazardous Waste", indication of the hazards of the contents, and the date the episodic event began. Tanks must be labeled with the words "Episodic Hazardous Waste", indication of the hazards of the contents, and the use of inventory logs or other records are appropriate for recording the date the episodic event began which must be accessible.

Container Management: Containers are to be manage in a manner that minimizes the possibility of an accident or release and should be in good condition, chemically compatible with contents, and kept closed. Tanks must have procedures in place to prevent overflow (e.g., a means to stop inflow such as a waste feed cutoff system or bypass system to a standby tank when hazardous waste is continuously fed into the tank.) Tanks must be inspected at least once each operating day.

Treatment: Treatment is not allowed except in an on-site elementary neutralization unit.

SQG Episodic Generation Requirements 

Labeling Requirements: Containers must be labeled with the words "Episodic Hazardous Waste", indication of the hazards of the contents, and the date the episodic event began. Tanks must be labeled with the words "Episodic Hazardous Waste", indication of the hazards of the contents, and the use of inventory logs or other records are appropriate for recording the date the episodic event began which must be accessible.

Container Management: Containers are to be manage in a manner that minimizes the possibility of an accident or release and should be in good condition, chemically compatible with contents, and kept closed. Tanks must have procedures in place to prevent overflow (e.g., a means to stop inflow such as a waste feed cutoff system or bypass system to a standby tank when hazardous waste is continuously fed into the tank.) Tanks must be inspected at least once each operating day, and all other SQG requirements (e.g., container and tank standards, employee training, emergency preparedness and prevention) must be complied with.

Treatment: Treatment is not allowed except in an on-site elementary neutralization unit.

Accumulation: Hazardous wastes on drip pads and in containment buildings cannot be managed under Subpart L.

Recordkeeping

Records must be maintained for three (3) years from the completion of each event and the records include: the beginning and end date of the episodic event; a description of the episodic event; the types of hazardous wastes generated; quantities of hazardous wastes generated; information on how the hazardous waste was ultimately managed and the name of the RCRA-designated facility or facilities that received the hazardous waste; the name of the hazardous waste transporter(s); the approval letter from DEQ if a petition was submitted and approved for a second event; and the copies of the notification form and the hazardous waste manifest cover most of the elements. Cradle to grave management of hazardous waste is required.

Petition for a Second Event – Requirements

Petitions for a second event must be made in writing and include information about the event: the reason for the event, the nature of the event, an estimated amount of hazardous waste to be managed, how the waste will be managed, the estimated length of the episodic event, and information about the previous event in the calendar year.

For Planned Event: the petition must be submitted to DEQ 30 or more days prior to the event and the generator may not manage hazardous waste from a planned second episodic event under Subpart L until approval is received on its petition.

For Unplanned Event: DEQ must be notified within 72 hours by phone or email, followed by submittal of 8700-12 form and an indication that this is a petition for a second event. Generators can manage hazardous waste from an unplanned second episodic event under Subpart L while waiting for approval of its petition. If a petition is denied, the generator must start managing hazardous waste under the conditions for the applicable generator category