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 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 each of the following conditions for exemption are met:
(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 R315-262-17(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 Sections
R315-265-1030 through
R315-265-1035, R315-265-1050
through R315-265-1064, and
R315-265-1080 through
R315-265-1090;
(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 another way that complies with the conditions for exemption of
Section R315-262-17;
(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 may
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 received
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 that are static,
electrical, or mechanical, spontaneous ignition, for example, 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 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
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 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 Sections
R315-265-190 through
R315-265-202, except Subsection
R315-265-197(c)
and Section R315-265-200, as well as the
applicable requirements of Sections
R315-265-1030 through
R315-265-1035, R315-265-1050
through R315-265-1064, and
R315-265-1080 through
R315-265-1090.
(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:
(i) Sections R315-265-440 through
R315-265-445;
(ii) The large
quantity generator shall remove wastes from the drip pad at least once each 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 before 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 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.
(4) Accumulation of hazardous
waste in containment buildings. If the waste is placed in containment
buildings, the large quantity generator shall comply with Sections
R315-265-1100 through
R315-265-1102. 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 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 respecting 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
R315-262-17(a)(4)(ii)(A)
and R315-262-17(a)(4)(ii)(B)
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:
(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 that 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:
(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 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 information required by Subsection
R315-262-17(a)(5)(ii)(C)
on site and readily available for inspection.
(6) Emergency procedures. The large quantity
generator complies with the standards in Sections
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 finish a program of classroom
instruction, online training, for example, computer-based or electronic, or
on-the-job training that teaches them to perform their duties in a way that
ensures compliance with Rule R315-262. The large quantity generator shall
ensure that this program includes the elements described in the document
required under Subsection
R315-262-17(a)(7)(iv)(C).
(B) This program shall be directed by a
person trained in hazardous waste management procedures, and shall include
instruction that teaches facility personnel hazardous waste management
procedures, including contingency plan implementation, relevant to their
employment positions.
(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 if applicable:
(I) procedures for
using, inspecting, repairing, and replacing facility emergency and monitoring
equipment;
(II) key parameters for
automatic waste feed cutoff 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, if the overall
facility training meets the conditions of exemption in Section
R315-262-17.
(ii) Facility personnel shall
successfully finish 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
may not work in unsupervised positions until they have finished 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 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);
and
(D) Records that document that
the training or job experience, required under Subsections
R315-262-17(a)(7)(i),
R315-262-17(a)(7)(ii),
and R315-262-17(a)(7)(iii),
has been given to, and finished 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 company.
(8) Closure. A large quantity generator
accumulating hazardous wastes in containers, tanks, drip pads, and containment
buildings, before closing a unit at the facility, or before 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 before closing
the facility.
(B) Notify the
director 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 R315-262-17(a)(8)(iv).
If the facility cannot meet the closure performance standards of Subsection
R315-262-17(a)(8)(iii)
or R315-262-17(a)(8)(iv),
notify the director using EPA form 8700-12 that it will close as a landfill
under Section R315-265-310, in the case of a container, tank or containment
building units, or for a facility with drip pads, notify using EPA form 8700-12
that it will close under the standards of Subsection R315-265-445(b).
(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; and
(II) removes
or decontaminates contaminated equipment, structures and soil and any remaining
hazardous waste residues from waste accumulation units including containment
system components such as pads of liners, 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 units
accumulating hazardous waste shall be managed in accordance with the 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, Section R315-265-310. 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 the requirements
for landfills specified in Sections
R315-265-110 through
R315-265-121 and
R315-265-140 through
R315-265-148.
(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 R315-262-17(a)(8)(iii)(A)(I)
and R315-262-17(a)(8)(iii)(A)(III),
and Subsections R315-265-445(a) and R315-265-445(b).
(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 the 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 for treatment, storage, and
disposal facilities, unless it has been granted an extension to the 90-day
period. The 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 for treatment, storage, and disposal facilities, if it complies with 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 before 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 one or a combination of 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).
(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).
(C) If the F006 is placed in containment
buildings, the large quantity generator shall comply with Sections
R315-265-1100 through
R315-265-1102 and has placed its
professional engineer certification that the building complies with the design
standards specified in Section
R315-265-1101 in the facility's
files before 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 each 180 days.
(ii) The large quantity
generator is exempt from the requirements in Sections
R315-265-110 through
R315-265-121 and
R315-265-140 through
R315-265-148 except for those
referenced in Subsection
R315-262-17(a)(8).
(iii) The date that 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:
(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.
(v) The large quantity generator
complies with the requirements in Subsections
R315-262-17(a)(6)
and R315-262-17(a)(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 must 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 for treatment, storage, and disposal
facilities, if the large quantity generator complies with the conditions for
exemption of Subsections
R315-262-17(c)(1)
through R315-262-17(c)(4).
(e) F006 accumulation time extension. A large
quantity generator accumulating F006 in accordance with Subsections
R315-262-17(c)
and R315-262-17(d)
who accumulates F006 waste on site for more than 180 days, or for more than 270
days if the generator must 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, for treatment, storage, and disposal facilities, 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. These 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 person, as defined in
Section R315-260-10, who controls the
large quantity generator facility 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 for treatment, storage, and disposal facilities, if they comply
with Subsections R315-262-17(f)(1)
through R315-262-17(f)(3).
"Control," for the purposes of Subsection
R315-262-17(f),
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 may not be
considered to "control" the generators.
(1)
The large quantity generator notifies the director at least 30 days before
receiving the first shipment from a very small quantity generators using EPA
Form 8700-12; and
(i) Identifies on the form
the names and site addresses for the very small quantity generators as well as
the name and business telephone number for a contact person for the very small
quantity generators; 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 hazardous wastes received from a very small quantity generator. For
purposes of the labeling and marking rules in Subsection
R315-262-17(a)(5),
the large quantity generator shall label the container or unit with the date
accumulation started, that is, 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 requirements of Section
R315-264-72 or
R315-265-72 may accumulate the
returned waste on site in accordance with Subsections
R315-262-17(a)
and R315-262-17(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.