Cox Colvin & Associates, Inc.

Thursday, April 12, 2012

EPA Moves to Clarify Hazardous Waste Generator Rules

According to EPA's Action Initiation List for November 2011, EPA appears to be planning a new rulemaking to improve the clarity and effectiveness of the federal hazardous waste generator regulatory program. The rule would strive to consolidate all hazardous waste generator regulations into Part 262 of the Code of Federal Regulations (CFR). Generator regulations currently are located in Parts 261 - 265. Other changes considered by EPA include clarification of: marking of tanks; closure requirements for large quantity generators; the hazardous waste determination regulation found at 40 CFR 262.11; when a generator is subject to full regulation as a large quantity generator; the regulatory status of facilities that generate both acute and non-acute hazardous waste in the same month; emergency response points of contact; and the Biennial Report regulations. Other changes being considered include requiring the labeling of conditionally exempt small quantity generator containers while hazardous wastes are being accumulated, and periodic notification for small quantity generators.

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