Utah Admin. Code R315-262-16 - General - Conditions for Exemption for a Small Quantity Generator that Accumulates Hazardous Waste
A small quantity generator may accumulate hazardous waste on site without a permit or interim status, and without complying with the requirements of Rules R315-124, R315-264 through R315-266, and R315-270, or the notification requirements of Section 3010 of RCRA for treatment, storage, and disposal facilities, if the conditions for exemption listed in Section R315-262-16 are met.
(a) Generation. The generator generates in a
calendar month no more than the amounts specified in the definition of "small
quantity generator" in Section
R315-260-10.
(b) Accumulation. The generator accumulates
hazardous waste on site for no more than 180 days, unless in compliance with
the conditions for exemption for longer accumulation in Subsections
R315-262-16(c),
R315-262-16(d)
and R315-262-16(e).
The following accumulation conditions also apply:
(1) Accumulation limit. The quantity of
hazardous waste accumulated on site never exceeds 6,000 kilograms, 13,200
pounds.
(2) Accumulation of
hazardous waste in containers.
(i) Condition
of containers. If a container holding hazardous waste is not in good condition,
or if it begins to leak, the small quantity generator shall immediately
transfer the hazardous waste from this container to a container that is in good
condition, or immediately manage the waste in another way that complies with
the conditions for exemption of Section
R315-262-16.
(ii) Compatibility of waste with container.
The small quantity generator shall use a container made of or lined with
materials that will not react with, and are otherwise compatible with, the
hazardous waste to be accumulated, so that the ability of the container to
contain the waste is not impaired.
(iii) Management of containers.
(A) A container holding hazardous waste shall
always be closed during accumulation, except when it is necessary to add or
remove waste.
(B) A container
holding hazardous waste may not be opened, handled, or accumulated in a manner
that may rupture the container or cause it to leak.
(iv) Inspections. At least weekly, the small
quantity generator shall inspect central accumulation areas. The small quantity
generator shall look for leaking containers and for deterioration of containers
caused by corrosion or other factors. See Subsection
R315-262-16(b)(2)(i)
for remedial action required if deterioration or leaks are detected.
(v) Special conditions for accumulation of
incompatible wastes.
(A) Incompatible wastes,
or incompatible wastes and materials, see appendix V of Rule R315-265 in
Section R315-265-1400 for examples, may not be placed in a container together,
unless Subsection R315-265-17(b)
is complied with.
(B) Hazardous
waste may not be placed in an unwashed container that previously held an
incompatible waste or material, see appendix V of Rule R315-265 in Section
R315-265-1400 for examples, unless Subsection
R315-265-17(b)
is complied with.
(C) A container
accumulating hazardous waste that is incompatible with any waste or other
materials accumulated or stored nearby in other containers, piles, open tanks,
or surface impoundments shall be separated from the other materials or
protected from them by a dike, berm, wall, or other device.
(3) Accumulation of
hazardous waste in tanks.
(i)
Reserved.
(ii) A small quantity
generator of hazardous waste shall comply with the following general operating
conditions:
(A) Treatment or accumulation of
hazardous waste in tanks shall comply with Subsection
R315-265-17(b).
(B) Hazardous wastes or treatment reagents
may not be placed in a tank if they could cause the tank or its inner liner to
rupture, leak, corrode, or otherwise fail before the end of its intended
life.
(C) Uncovered tanks shall be
operated to ensure at least 60 centimeters, 2 feet, of freeboard, unless the
tank is equipped with a containment structure, for example, a dike or trench, a
drainage control system, or a diversion structure, for example a standby tank
with a capacity that equals or exceeds the volume of the top 60 centimeters, 2
feet, of the tank.
(D) If hazardous
waste is continuously fed into a tank, the tank shall be equipped with a means
to stop this inflow, for example a, waste feed cutoff system or by-pass system
to a stand-by tank.
(iii) Except as noted in Subsection
R315-262-16(b)(3)(iv),
a small quantity generator that accumulates hazardous waste in tanks shall
inspect, if present:
(A) discharge control
equipment, for example waste feed cutoff systems, by-pass systems, and drainage
systems at least once each operating day, to ensure that it is in good working
order;
(B) data gathered from
monitoring equipment, for example pressure and temperature gauges, at least
once each operating day to ensure that the tank is being operated according to
its design;
(C) the level of waste
in the tank at least once each operating day to ensure compliance with
Subsection R315-262-16(b)(3)(ii)(C);
(D) the construction materials of the tank at
least weekly to detect corrosion or leaking of fixtures or seams; and
(E) the construction materials of, and the
area immediately surrounding, discharge confinement structures, for example,
dikes, at least weekly to detect erosion or obvious signs of leakage, for
example, wet spots or dead vegetation. The generator shall remedy any
deterioration or malfunction of equipment or structures that the inspection
reveals on a schedule that ensures that the problem does not lead to an
environmental or human health hazard. If a hazard is imminent or has already
occurred, remedial action shall be taken immediately.
(iv) A small quantity generator accumulating
hazardous waste in tanks or tank systems that have full secondary containment
and that either use leak detection equipment to alert personnel to leaks, or
implement established workplace practices to ensure leaks are promptly
identified, shall inspect at least weekly, if applicable, the areas identified
in Subsections R315-262-16(b)(3)(iii)(A)
through R315-262-16(b)(3)(iii)(E).
Use of the alternate inspection schedule shall be documented in the generator's
operating record. This documentation shall include a description of the
established workplace practices at the generator.
(v) Reserved.
(vi) A small quantity generator accumulating
hazardous waste in tanks shall, upon closure of the facility, remove any
hazardous waste from tanks, discharge control equipment, and discharge
confinement structures. At closure, as throughout the operating period, unless
the small quantity generator can demonstrate, in accordance with Subsection
R315-261-3(c)
or R315-261-3(d),
that any solid waste removed from its tank is not a hazardous waste, then it
shall manage the waste in accordance with the applicable requirements of Rules
R315-262, R315-263, R315-265, and R315-268.
(vii) A small quantity generator shall comply
with the following special conditions for accumulation of ignitable or reactive
waste:
(A) Ignitable or reactive waste may not
be placed in a tank, unless:
(I) the waste is
treated, rendered, or mixed before or immediately after placement in a tank so
that the resulting waste, mixture, or dissolution of material no longer meets
the definition of ignitable or reactive waste under Section
R315-261-21 or
R315-261-23 and Subsection
R315-265-17(b)
is complied with; or
(II) the waste
is accumulated or treated in a way that it is protected from any material or
conditions that may cause the waste to ignite or react; or
(III) the tank is used solely for
emergencies.
(B) A small
quantity generator that treats or accumulates ignitable or reactive waste in
covered tanks shall comply with the buffer zone requirements for tanks
contained in Tables 2-1 through 2-6 of the National Fire Protection
Association's "Flammable and Combustible Liquids Code," 1977 or 1981,
incorporated by reference, see Section
R315-260-11.
(C) A small quantity generator shall comply
with the following special conditions for incompatible wastes:
(I) Incompatible wastes, or incompatible
wastes and materials, see appendix V of Rule R315-265 in Section R315-265-1400
for examples, may not be placed in a tank together, unless Subsection
R315-265-17(b)
is complied with.
(II) Hazardous
waste may not be placed in an unwashed tank that previously held an
incompatible waste or material, unless Subsection
R315-265-17(b)
is complied with.
(4) Accumulation of hazardous waste on drip
pads. If the waste is placed on drip pads, the small quantity generator shall
comply with the following:
(i) Sections
R315-265-440 through R315-265-445, except Subsection R315-265-445(c);
(ii) The small quantity generator shall
remove any wastes from the drip pad at least once each 90 days. Any hazardous
wastes that are removed from the drip pad at least once each 90 days are then
subject to the 180-day accumulation limit in Subsection
R315-262-16(b)
and Section R315-262-15 if hazardous wastes
are being managed in satellite accumulation areas before being moved to the
central accumulation area; and
(iii) The small quantity generator shall
maintain on site at the facility the following records readily available for
inspection:
(A) A written description of
procedures that are followed to ensure that any wastes are removed from the
drip pad and associated collection system at least once each 90 days;
and
(B) Documentation of each waste
removal, including the quantity of waste removed from the drip pad and the sump
or collection system and the date and time of removal.
(5) Accumulation of hazardous
waste in containment buildings. If the waste is placed in containment
buildings, the small quantity generator shall comply with Sections
R315-265-1100 through
R315-265-1102. The generator
shall label its containment buildings with the words "Hazardous Waste" in a
conspicuous place easily visible to employees, visitors, emergency responders,
waste handlers, or other persons on site and also in a conspicuous place
provide an indication of the hazards of the contents, examples include the
applicable hazardous waste characteristics, that is, ignitable, corrosive,
reactive, toxic; hazard communication consistent with the Department of
Transportation requirements at 49 CFR part 172 subpart E, labeling, or subpart
F, placarding; a hazard statement or pictogram consistent with the Occupational
Safety and Health Administration Hazard Communication Standard at
29 CFR
1910.1200; or a chemical hazard label
consistent with the National Fire Protection Association code 704. The
generator shall also maintain:
(i) the
professional engineer certification that the building complies with the design
standards specified in Section
R315-265-1101. This
certification shall be in the generator's files before operation of the unit;
and
(ii) the following records by
use of inventory logs, monitoring equipment, or any other effective means:
(A) A written description of procedures to
ensure that each waste volume remains in the unit for no more than 90 days, a
written description of the waste generation and management practices for the
facility showing that the generator is consistent with maintaining the 90 -day
limit, and documentation that the procedures are complied with; or
(B) Documentation that the unit is emptied at
least once each 90 days.
(C)
Inventory logs or records with the information required by Subsections
R315-262-16(b)(5)(ii)(A)
and R315-262-16(b)(95)(ii)(B)
shall be maintained on site and readily available for inspection.
(6) Labeling and
marking of containers and tanks.
(i)
Containers. A small quantity generator shall mark or label its containers with
the following:
(A) The words "Hazardous
Waste";
(B) An indication of the
hazards of the contents, examples include:
(I)
the applicable hazardous waste characteristics, that is, ignitable, corrosive,
reactive, toxic;
(II) hazard
communication consistent with the Department of Transportation requirements at
49 CFR part 172 subpart E, labeling, or subpart F, placarding;
(III) a hazard statement or pictogram
consistent with the Occupational Safety and Health Administration Hazard
Communication Standard at 29
CFR 1910.1200; or
(IV) a chemical hazard label consistent with
the National Fire Protection Association code 704; and
(C) The date when each period of accumulation
begins clearly visible for inspection on each container.
(ii) Tanks. A small quantity generator
accumulating hazardous waste in tanks shall do the following:
(A) Mark or label its tanks with the words
"Hazardous Waste";
(B) Mark or
label its tanks with an indication of the hazards of the contents, examples
include:
(I) the applicable hazardous waste
characteristics, that is, ignitable, corrosive, reactive, toxic;
(II) hazard communication consistent with the
Department of Transportation requirements at 49 CFR part 172 subpart E,
labeling, or subpart F, placarding;
(III) a hazard statement or pictogram
consistent with the Occupational Safety and Health Administration Hazard
Communication Standard at 29
CFR 1910.1200; or
(IV) a chemical hazard label consistent with
the National Fire Protection Association code 704;
(C) Use inventory logs, monitoring equipment,
or other records to demonstrate that hazardous waste has been emptied within
180 days of first entering the tank if using a batch process, or in the case of
a tank with a continuous flow process, demonstrate that estimated volumes of
hazardous waste entering the tank daily exit the tank within 180 days of first
entering; and
(D) Keep inventory
logs or records with the information required by Subsection
R315-262-16(b)(6)(ii)(C)
on site and readily available for inspection.
(7) Land disposal restrictions. A small
quantity generator shall comply with the applicable requirements under Rule
R315-268.
(8) Preparedness and
prevention.
(i) Maintenance and operation of
facility. A small quantity generator shall maintain and operate its facility to
minimize the possibility of a fire, explosion, or any unplanned sudden or
non-sudden release of hazardous waste or hazardous waste constituents to air,
soil, or surface water that could threaten human health or the
environment.
(ii) Required
equipment. Any areas where hazardous waste is either generated or accumulated
shall be equipped with the items in Subsections
R315-262-16(b)(8)(ii)(A)
through R315-262-16(b)(8)(ii)(D),
unless none of the hazards posed by waste handled at the facility could require
a particular kind of equipment specified in Subsections
R315-262-16(b)(8)(ii)(A)
through R315-262-16(b)(8)(ii)(D)
or the actual waste generation or accumulation area does not lend itself for
safety reasons to have a particular kind of equipment specified in Subsections
R315-262-16(b)(8)(ii)(A)
through R315-262-16(b)(8)(ii)(D).
A small quantity generator may determine the most appropriate locations to
locate equipment necessary to prepare for and respond to emergencies.
(A) An internal communications or alarm
system capable of providing immediate emergency instruction, voice or signal,
to facility personnel;
(B) A
device, such as a telephone, immediately available at the scene of operations,
or a hand-held two-way radio, capable of summoning emergency assistance from
local police departments, fire departments, or state or local emergency
response teams;
(C) Portable fire
extinguishers, fire control equipment, including special extinguishing
equipment, such as that using foam, inert gas, or dry chemicals, spill control
equipment, and decontamination equipment; and
(D) Water at adequate volume and pressure to
supply water hose streams, or foam producing equipment, or automatic
sprinklers, or water spray systems.
(iii) Testing and maintenance of equipment.
Communications or alarm systems, fire protection equipment, spill control
equipment, and decontamination equipment, if required, shall be tested and
maintained as necessary to assure its proper operation in time of
emergency.
(iv) Access to
communications or alarm system.
(A) When
hazardous waste is being poured, mixed, spread, or otherwise handled, any
personnel involved in the operation shall have immediate access, for example,
direct or unimpeded access, to an internal alarm or emergency communication
device, either directly or through visual or voice contact with another
employee, unless such a device is not required under Subsection
R315-262-16(b)(8)(ii).
(B) In the event there is just one employee
on the premises while the facility is operating, the employee shall have
immediate access, for example, direct or unimpeded access, to a device, such as
a telephone, immediately available at the scene of operation, or a hand-held
two-way radio, capable of summoning external emergency assistance, unless such
a device is not required under Subsection
R315-262-16(b)(8)(ii).
(v) Required aisle space. The
small quantity generator shall maintain aisle space to allow the unobstructed
movement of personnel, fire protection equipment, spill control equipment, and
decontamination equipment to any area of facility operation in an emergency,
unless aisle space is not needed for any of these purposes.
(vi) Arrangements with local authorities.
(A) The small quantity generator shall try to
make arrangements with the local police department, fire department, other
emergency response teams, emergency response contractors, equipment suppliers
and local hospitals, taking into account the types and quantities of hazardous
wastes handled at the facility. Arrangements may be made with the Local
Emergency Planning Committee, if it is determined to be the appropriate
organization for the arrangements.
(I) A small
quantity generator trying to make arrangements with its local fire department
shall determine the potential need for the services of the local police
department, other emergency response teams, emergency response contractors,
equipment suppliers and local hospitals.
(II) As part of this coordination, the small
quantity generator shall try to make arrangements, as necessary, to familiarize
the organizations listed in Subsection
R315-262-16(b)(8)(vi)(A)
with the layout of the facility, the properties of hazardous waste handled at
the facility and associated hazards, places where facility personnel would
normally be working, entrances to roads inside the facility, and possible
evacuation routes as well as the types of injuries or illnesses that could
result from fires, explosions, or releases at the facility.
(III) If more than one police or fire
department might respond to an emergency, the small quantity generator shall
try to make arrangements designating primary emergency authority to a specific
fire or police department, and arrangements with any others to provide support
to the primary emergency authority.
(B) A small quantity generator shall maintain
records documenting the arrangements with the local fire department as well as
any other organization necessary to respond to an emergency. This documentation
shall include documentation in the operating record that either confirms the
arrangements actively exist or, if no arrangements exist, confirms that the
small quantity generator tried to make the arrangements.
(C) A facility that has 24-hour response
capabilities may seek a waiver from the authority having jurisdiction (AHJ)
over the fire code within the facility's state or locality as far as needing to
make arrangements with the local fire department as well as any other
organization necessary to respond to an emergency, if the waiver is documented
in the operating record.
(9) Emergency procedures. The small quantity
generator complies with the following conditions for those areas of the
generator facility where hazardous waste is generated and accumulated:
(i) There shall always be at least one
employee either on the premises or on call, that is, available to respond to an
emergency by reaching the facility within a short period, with the
responsibility for coordinating any emergency response measures specified in
Subsection R315-262-16(b)(9)(iv).
This employee is the emergency coordinator.
(ii) The small quantity generator shall post
the following information next to telephones or in areas directly involved in
the generation and accumulation of hazardous waste:
(A) The name and emergency telephone number
of the emergency coordinator;
(B)
Location of fire extinguishers and spill control material, and, if present,
fire alarm; and
(C) The telephone
number of the fire department, unless the facility has a direct
alarm.
(iii) The small
quantity generator shall ensure that employees are thoroughly familiar with
proper waste handling and emergency procedures, relevant to their
responsibilities during normal facility operations and emergencies;
(iv) The emergency coordinator or the
emergency coordinator's designee shall respond to any emergencies that arise.
The applicable responses are as follows:
(A)
In the event of a fire, call the fire department or try to extinguish it using
a fire extinguisher;
(B) In the
event of a spill, the small quantity generator is responsible for containing
the flow of hazardous waste to the extent possible, and as soon as is
practicable, cleaning up the hazardous waste and any contaminated materials or
soil. The containment and cleanup can be conducted either by the small quantity
generator or by a contractor on behalf of the small quantity
generator;
(C) In the event of a
fire, explosion, or other release that could threaten human health outside the
facility or when the small quantity generator has knowledge that a spill has
reached surface water, the small quantity generator shall immediately notify
the National Response Center, using their 24-hour toll free number 800-424-8802
and the state environmental incident reporting program at 801-536-0200 or after
hours at 801-536-4123. The report shall include the following information:
(I) The name, address, and U.S. EPA
identification number of the small quantity generator;
(II) Date, time, and type of incident, for
example, spill or fire;
(III)
Quantity and type of hazardous waste involved in the incident;
(IV) Extent of injuries, if any;
and
(V) Estimated quantity and
disposition of recovered materials, if any.
(c) Transporting over
200 miles. A small quantity generator who shall transport its waste, or offer
its waste for transportation, over a distance of 200 miles or more for off-site
treatment, storage or disposal may accumulate hazardous waste on site for 270
days or less without a permit or without having interim status if the generator
complies with the conditions of Subsection
R315-262-16(b).
(d) Accumulation time limit extension. A
small quantity generator who accumulates hazardous waste for more than 180
days, or for more than 270 days if it shall transport its waste, or offer its
waste for transportation, over a distance of 200 miles or more, is subject to
the requirements of Rules R315-264, R315-265, R315-268, and R315-270 unless it
has been granted an extension to the 180-day, or 270-day if applicable, period.
The extension may be granted by the director if hazardous wastes shall remain
on site for longer than 180 days, or 270 days if applicable, due to unforeseen,
temporary, and uncontrollable circumstances. An extension of up to 30 days may
be granted at the discretion of the director on a case-by-case basis.
(e) Rejected load. A small
quantity generator who sends a shipment of hazardous waste to a designated
facility with the understanding that the designated facility can accept and
manage the waste and later receives that shipment back as a rejected load or
residue in accordance with the manifest discrepancy requirements of Section
R315-264-72 or
R315-265-72 may accumulate the
returned waste on site in accordance with Subsections
R315-262-16(a)
through R315-262-16(d).
Upon receipt of the returned shipment, the generator shall:
(1) sign Item 18c of the manifest, if the
transporter returned the shipment using the original manifest; or
(2) sign Item 20 of the manifest, if the
transporter returned the shipment using a new manifest.
(f) A small quantity generator experiencing
an episodic event may accumulate hazardous waste in accordance with Sections
R315-262-230 through
R315-262-233 in lieu of Section
R315-262-17.
Notes
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No prior version found.