Utah Admin. Code R315-262-17 - General - Conditions for Exemption for a Large Quantity Generator that Accumulates Hazardous Waste
A large quantity generator may accumulate
(a) Accumulation. A large quantity generator
accumulates hazardous waste on site for no more than 90 days, unless in
compliance with the accumulation time limit extension or F006 accumulation
conditions for exemption in Subsections R315-262-17(b) through (e). The
following accumulation conditions also apply:
(1) Accumulation of hazardous waste in
containers. If the hazardous waste is placed in containers, the large quantity
generator shall comply with the following:
(i) Air emission standards. The applicable
requirements of
40 CFR
265.1030 through
265.1035,
265.1050
through
265.1064,
and
265.1080
through
265.1090,
which are incorporated by reference in Section
R315-265-1;
(ii) Condition of containers. If a container
holding hazardous waste is not in good condition, or if it begins to leak, the
large 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 some other way that complies with the conditions for exemption of
this section;
(iii) Compatibility
of waste with container. The large 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 stored, so that the ability of the
container to contain the waste is not impaired;
(iv) 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 shall not be opened, handled, or stored in a manner
that may rupture the container or cause it to leak.
(v) Inspections. At least weekly, the large
quantity generator shall inspect central accumulation areas. The large quantity
generator shall look for leaking containers and for deterioration of containers
caused by corrosion or other factors. See Subsection R315-262-17(a)(1)(ii) for
remedial action required if deterioration or leaks are detected.
(vi) Special conditions for accumulation of
ignitable and reactive wastes.
(A) Containers
holding ignitable or reactive waste shall be located at least 15 meters (50
feet) from the facility 's property line unless a written approval is obtained
from the authority having jurisdiction over the local fire code allowing
hazardous waste accumulation to occur within this restricted area . A record of
the written approval shall be maintained as long as ignitable or reactive
hazardous waste is accumulated in this area.
(B) The large quantity generator shall take
precautions to prevent accidental ignition or reaction of ignitable or reactive
waste . This waste shall be separated and protected from sources of ignition or
reaction including but not limited to the following: Open flames, smoking,
cutting and welding, hot surfaces, frictional heat, sparks (static, electrical,
or mechanical), spontaneous ignition, e.g., from heat-producing chemical
reactions, and radiant heat. While ignitable or reactive waste is being
handled, the large quantity generator shall confine smoking and open flame to
specially designated locations. "No Smoking" signs shall be conspicuously
placed wherever there is a hazard from ignitable or reactive waste .
(vii) Special conditions for
accumulation of incompatible wastes.
(A)
Incompatible wastes, or incompatible wastes and materials, see appendix V of 40
CFR 265 for examples, shall not be placed in the same container, unless
40
CFR 265.17(b), which is
incorporated by reference in Section
R315-265-1, is
complied with.
(B) Hazardous waste
shall not be placed in an unwashed container that previously held an
incompatible waste or material, see appendix V of 40 CFR 265 for examples,
unless
40
CFR 265.17(b), which is
incorporated by reference in Section
R315-265-1, is
complied with.
(C) A container
holding a 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 means of a dike, berm, wall, or other device.
(2) Accumulation of
hazardous waste in tanks. If the waste is placed in tanks, the large quantity
generator shall comply with the applicable requirements of 40 CFR 265.109
through
265.202,
except 265.197(c) of Closure and post-closure care and 265.200, Waste analysis
and trial tests, as well as the applicable requirements of 265.1030 through
265.1035, 265.1050 through 265.1064, and 265.1080 through 265.1090, which are
incorporated by reference in Section
R315-265-1.
(3) Accumulation of hazardous waste on drip
pads. If the hazardous waste is placed on drip pads, the large quantity
generator shall comply with the following:
(ii) The large quantity generator shall
remove all wastes from the drip pad at least once every 90 days. Any hazardous
wastes that are removed from the drip pad are then subject to the 90-day
accumulation limit in Subsection R315-262-17(a) and Section R315-262-15, if the
hazardous wastes are being managed in satellite accumulation areas prior to
being moved to a central accumulation area; and
(iii) The large 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 all wastes are removed from the
drip pad and associated collection system at least once every 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.
(4) Accumulation of hazardous
waste in containment buildings. If the waste is placed in containment
buildings, the large quantity generator shall comply with
40 CFR
265.1100 through
265.1102,
which are incorporated by reference in Section
R315-265-1. The
generator shall label its containment building 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,
but are not limited to, the applicable hazardous waste characteristic(s), i.e.,
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
40 CFR
265.1101, which is incorporated by reference
in Section
R315-265-1. This
certification shall be in the generator's files prior to 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 respecting the 90 day
limit, and documentation that the procedures are complied with; or
(B) Documentation that the unit is emptied at
least once every 90 days.
(C)
Inventory logs or records with the above information shall be maintained on
site and readily available for inspection .
(5) Labeling and marking of containers and
tanks.
(i) Containers. A large 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, but are not limited to:
(I) the applicable hazardous waste
characteristic(s), i.e., 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 upon which each period of
accumulation begins clearly visible for inspection on each container.
(ii) Tanks. A large 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, but are not limited to:
(I) the
applicable hazardous waste characteristic(s), i.e., 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 90
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 90 days of first
entering; and
(D) Keep inventory
logs or records with the above information on site and readily available for
inspection .
(6) Emergency procedures. The large quantity
generator complies with the standards in Section R315-262-250 through
R315-262-265, Preparedness, Prevention and Emergency Procedures for Large
Quantity Generators.
(7) Personnel
training.
(i)
(A) Facility personnel shall successfully
complete a program of classroom instruction, online training, e.g.,
computer-based or electronic, or on-the-job training that teaches them to
perform their duties in a way that ensures compliance with this part. The large
quantity generator shall ensure that this program includes all the elements
described in the document required under Subsection
R315-262-17(a)(7)(iv).
(B) This
program shall be directed by a person trained in hazardous waste management
procedures, and shall include instruction which teaches facility personnel
hazardous waste management procedures, including contingency plan
implementation, relevant to the positions in which they are employed.
(C) At a minimum, the training program shall
be designed to ensure that facility personnel are able to respond effectively
to emergencies by familiarizing them with emergency procedures, emergency
equipment, and emergency systems, including where applicable:
(I) Procedures for using, inspecting,
repairing, and replacing facility emergency and monitoring equipment;
(II) Key parameters for automatic waste feed
cut-off systems;
(III)
Communications or alarm systems;
(IV) Response to fires or
explosions;
(V) Response to
ground-water contamination incidents; and
(VI) Shutdown of operations.
(D) For facility employees that
receive emergency response training pursuant to Occupational Safety and Health
Administration regulations
29 CFR
1910.120(p)(8) and
1910.120(q),
the large quantity generator is not required to provide separate emergency
response training pursuant to Section R315-262-17, provided that the overall
facility training meets all the conditions of exemption in Section
R315-262-17.
(ii)
Facility personnel shall successfully complete the program required in
Subsection R315-262-17(a)(7)(i) within six months after the date of their
employment or assignment to the facility , or to a new position at the facility ,
whichever is later. Employees shall not work in unsupervised positions until
they have completed the training standards of Subsection R315-262-17(a)(7)
(i).
(iii) Facility personnel shall
take part in an annual review of the initial training required in Subsection
R315-262-17(a)(7)(i).
(iv) The
large quantity generator shall maintain the following documents and records at
the facility :
(A) The job title for each
position at the facility related to hazardous waste management, and the name of
the employee filling each job;
(B)
A written job description for each position listed under Subsection
R315-262-17(a)(7)(iv)(A). This description may be consistent in its degree of
specificity with descriptions for other similar positions in the same company
location or bargaining unit, but shall include the requisite skill, education,
or other qualifications, and duties of facility personnel assigned to each
position;
(C) A written description
of the type and amount of both introductory and continuing training that will
be given to each person filling a position listed under Subsection
R315-262-17(a)(7) (iv)(A);
(D)
Records that document that the training or job experience, required under
Subsections R315-262-17(a)(7)(i), (ii), and (iii), has been given to, and
completed by, facility personnel.
(v) Training records on current personnel
shall be kept until closure of the facility . Training records on former
employees shall be kept for at least three years from the date the employee
last worked at the facility . Personnel training records may accompany personnel
transferred within the same company.
(8) Closure. A large quantity generator
accumulating hazardous wastes in containers, tanks, drip pads, and containment
buildings, prior to closing a unit at the facility , or prior to closing the
facility , shall meet the following conditions:
(i) Notification for closure of a waste
accumulation unit. A large quantity generator shall perform one of the
following when closing a waste accumulation unit:
(A) Place a notice in the operating record
within 30 days after closure identifying the location of the unit within the
facility ; or
(B) Meet the closure
performance standards of Subsection R315-262-17(a)(8)(iii) for container, tank,
and containment building waste accumulation units or Subsection
R315-262-17(a)(8)(iv) for drip pads and notify the Director following the
procedures in Subsection R315-262-17(a)(8)(ii)(B) for the waste accumulation
unit. If the waste accumulation unit is subsequently reopened, the generator
may remove the notice from the operating record.
(ii) Notification for closure of the
facility .
(A) Notify the Director using EPA
form 8700-12 no later than 30 days prior to closing the facility .
(B) Notify EPA using EPA form 8700-12 within
90 days after closing the facility that it has complied with the closure
performance standards of Subsection R315-262-17(a)(8)(iii) or (iv). If the
facility cannot meet the closure performance standards of Subsection
R315-262-17(a)(8)(iii) or (iv), notify the Director using EPA form 8700-12 that
it will close as a landfill under
40 CFR
265.310, which is incorporated by reference
in Section
R315-265-1, in the
case of a container, tank or containment building unit(s), or for a facility
with drip pads, notify using EPA form 8700-12 that it will close under the
standards of
40 CFR
265.445(b), which is
incorporated by reference in Section
R315-265-1.
(C) A large quantity generator may request
additional time to clean close, but it shall notify the Director using EPA form
8700-12 within 75 days after the date provided in Subsection
R315-262-17(a)(8)(ii)(A) to request an extension and provide an explanation as
to why the additional time is required.
(iii) Closure performance standards for
container, tank systems, and containment building waste accumulation units.
(A) At closure, the generator shall close the
waste accumulation unit or facility in a manner that:
(I) Minimizes the need for further
maintenance by controlling, minimizing, or eliminating, to the extent necessary
to protect human health and the environment, the post-closure escape of
hazardous waste , hazardous constituents, leachate, contaminated run-off, or
hazardous waste decomposition products to the ground or surface waters or to
the atmosphere,
(II) Removes or
decontaminates all contaminated equipment, structures and soil and any
remaining hazardous waste residues from waste accumulation units including
containment system components (pads, liners, etc.), contaminated soils and
subsoils, bases, and structures and equipment contaminated with waste , unless
Subsection
R315-261-3(d)
applies.
(III) Any hazardous waste
generated in the process of closing either the generator's facility or unit(s)
accumulating hazardous waste shall be managed in accordance with all applicable
standards of Rules R315-262, R315-263, R315-265 and R315-268, including
removing any hazardous waste contained in these units within 90 days of
generating it and managing these wastes in a hazardous waste permitted
treatment, storage and disposal facility or interim status facility .
(IV) If the generator demonstrates that any
contaminated soils and wastes cannot be practicably removed or decontaminated
as required in Subsection R315-262-17(a)(8)(ii)(A)(II), then the waste
accumulation unit is considered to be a landfill and the generator shall close
the waste accumulation unit and perform post-closure care in accordance with
the closure and post-closure care requirements that apply to landfills (
40 CFR
265.310, which is incorporated by reference
in Section
R315-265-1) . In
addition, for the purposes of closure, post-closure, and financial
responsibility, such a waste accumulation unit is then considered to be a
landfill, and the generator shall meet all of the requirements for landfills
specified in
40 CFR
265.110 through
265.121
and
265.140
through
265.148,
which are incorporated by reference in Section
R315-265-1.
(iv) Closure
performance standards for drip pad waste accumulation units. At closure, the
generator shall comply with the closure requirements of Subsections
R315-262-17(a)(8)(ii) and (a) (8)(iii)(A)(I) and (III), and
40 CFR 265.445(a)
and (b), which are incorporated by reference
in Section
R315-265-1.
(v) The closure requirements of Subsection
R315-262-17(a)(8) do not apply to satellite accumulation areas.
(9) Land disposal restrictions.
The large quantity generator complies with all applicable requirements under
Rule R315-268.
(b)
Accumulation time limit extension. A large quantity generator who accumulates
hazardous waste for more than 90 days is subject to the requirements of Rules
R315-124, R315-264 through R315-266, R315-268, and R315-270 and the
notification requirements of section 3010 of RCRA, unless it has been granted
an extension to the 90-day period. Such extension may be granted by the
Director if hazardous wastes shall remain on site for longer than 90 days 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.
(c) Accumulation of F006. A
large quantity generator who also generates wastewater treatment sludges from
electroplating operations that meet the listing description for the EPA
hazardous waste number F006, may accumulate F006 waste on site for more than 90
days, but not more than 180 days without being subject to Rules R315-124,
R315-264 through R315-266 and R315-270, and the notification requirements of
section 3010 of RCRA, provided that it complies with all of the following
additional conditions for exemption:
(1) The
large quantity generator has implemented pollution prevention practices that
reduce the amount of any hazardous substances, pollutants, or contaminants
entering F006 or otherwise released to the environment prior to its
recycling;
(2) The F006 waste is
legitimately recycled through metals recovery;
(3) No more than 20,000 kilograms of F006
waste is accumulated on site at any one time; and
(4) The F006 waste is managed in accordance
with the following:
(i)
(A) If the F006 waste is placed in
containers, the large quantity generator shall comply with the applicable
conditions for exemption in Subsection R315-262-17(a)(1); and/or
(B) If the F006 is placed in tanks, the large
quantity generator shall comply with the applicable conditions for exemption of
Subsection R315-262-17(a)(2); and/or
(C) If the F006 is placed in containment
buildings, the large quantity generator shall comply with
40 CFR
265.1100 through
265.1102,
which are incorporated by reference in Section
R315-265-1, and has
placed its professional engineer certification that the building complies with
the design standards specified in
40 CFR
265.1101, which is incorporated by reference
in Section
R315-265-1, in the
facility 's files prior to operation of the unit. The large quantity generator
shall maintain the following records:
(I) A
written description of procedures to ensure that the F006 waste remains in the
unit for no more than 180 days, a written description of the waste generation
and management practices for the facility showing that they are consistent with
the 180-day limit, and documentation that the large quantity generator is
complying with the procedures; or
(II) Documentation that the unit is emptied
at least once every 180 days.
(ii) The large quantity generator is exempt
from all the requirements in
40 CFR
265.110 through
265.121
and
265.140
through
265.148,
which are incorporated by reference in Section
R315-265-1, except
for those referenced in Subsection R315-262-17(a)(8).
(iii) The date upon which each period of
accumulation begins is clearly marked and shall be clearly visible for
inspection on each container;
(iv)
While being accumulated on site, each container and tank is labeled or marked
clearly with:
(A) The words "Hazardous
Waste "; and
(B) An indication of
the hazards of the contents, examples include, but are not limited to:
(I) the applicable hazardous waste
characteristic(s), i.e., 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.
(v) The large quantity generator
complies with the requirements in Subsection R315-262-17(a)(6) and
(7).
(d) F006
transported over 200 miles. A large quantity generator who also generates
wastewater treatment sludges from electroplating operations that meet the
listing description for the EPA hazardous waste number F006, and who shall
transport this waste , or offer this waste for transportation, over a distance
of 200 miles or more for off-site metals recovery, may accumulate F006 waste on
site for more than 90 days, but not more than 270 days without being subject to
Rules R315-124, R315-264 through R315-266, R315-270, and the notification
requirements of section 3010 of RCRA, if the large quantity generator complies
with all of the conditions for exemption of Subsections R315-262-17(c)(1)
through (4).
(e) F006 accumulation
time extension. A large quantity generator accumulating F006 in accordance with
Subsections R315-262-17(c) and (d) who accumulates F006 waste on site for more
than 180 days, or for more than 270 days if the generator shall transport this
waste , or offer this waste for transportation, over a distance of 200 miles or
more, or who accumulates more than 20,000 kilograms of F006 waste on site is an
operator of a storage facility and is subject to the requirements of Rules
R315-124, R315-264, R315-265, and R315-270, and the notification requirements
of section 3010 of RCRA, unless the generator has been granted an extension to
the 180-day, or 270-day if applicable, period or an exception to the 20,000
kilogram accumulation limit. Such extensions and exceptions may be granted by
the Director if F006 waste shall remain on site for longer than 180 days (or
270 days if applicable) or if more than 20,000 kilograms of F006 waste shall
remain on site due to unforeseen, temporary, and uncontrollable circumstances.
An extension of up to 30 days or an exception to the accumulation limit may be
granted at the discretion of the Director on a case-by-case basis.
(f) Consolidation of hazardous waste received
from very small quantity generators. Large quantity generators may accumulate
on site hazardous waste received from very small quantity generators under
control of the same person , as defined in Section
R315-260-10, without
a storage permit or interim status and without complying with the requirements
of Rules R315-124, R315-264 through R315-266, R315-268, and R315-270, and the
notification requirements of section 3010 of RCRA, provided that they comply
with the following conditions. "Control," for the purposes of this section,
means the power to direct the policies of the generator, whether by the
ownership of stock, voting rights, or otherwise, except that contractors who
operate generator facilities on behalf of a different person shall not be
deemed to "control" such generators.
(1) The
large quantity generator notifies the Director at least thirty (30) days prior
to receiving the first shipment from a very small quantity generator(s) using
EPA Form 8700-12; and
(i) Identifies on the
form the name(s) and site address(es) for the very small quantity generator(s)
as well as the name and business telephone number for a contact person for the
very small quantity generator(s); and
(ii) Submits an updated Site ID form (EPA
Form 8700-12) within 30 days after a change in the name or site address for the
very small quantity generator.
(2) The large quantity generator maintains
records of shipments for three years from the date the hazardous waste was
received from the very small quantity generator. These records shall identify
the name, site address, and contact information for the very small quantity
generator and include a description of the hazardous waste received, including
the quantity and the date the waste was received.
(3) The large quantity generator complies
with the independent requirements identified in Subsection
R315-262-10(a)
(1)(iii) and the conditions for exemption in Subsection R315-262-17(f) for all
hazardous waste received from a very small quantity generator. For purposes of
the labeling and marking regulations in Subsection R315-262-17(a)(5), the large
quantity generator shall label the container or unit with the date accumulation
started, i.e., the date the hazardous waste was received from the very small
quantity generator. If the large quantity generator is consolidating incoming
hazardous waste from a very small quantity generator with either its own
hazardous waste or with hazardous waste from other very small quantity
generators, the large quantity generator shall label each container or unit
with the earliest date any hazardous waste in the container was accumulated on
site.
(g) Rejected load.
A large 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 provisions of
Sections
R315-264-72
or
40 CFR
265.72, which is incorporated by reference in
Section
R315-265-1, may
accumulate the returned waste on site in accordance with Subsections
R315-262-17(a) and (b). 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.
Notes
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No prior version found.