1. EPA Hazardous Waste Generator Improvements Rule
Will Wyman
Industrial and Hazardous Waste Permits Section
Ed Minter and Andi Windham
Registration and Reporting Section
EPA Hazardous Waste Generator Improvements Rule
May 17, 2017
Will Wyman
Industrial and Hazardous Waste Permits Section
Ed Minter and Andi Windham
Registration and Reporting Section
May 17, 2017

2. EPA Generator Rule: 60+ Changes
Reorganize the rules based on generator status
Clarify areas in the rule where ambiguity existed
Add flexibility for generators managing hazardous wastes under certain conditions
Improve efficiency and effectiveness
Non-compliance rate 10 to 30%
Overview of EPA Generator Rule – 60+ Changes
Reorganize the rules based on generator status
Clarify areas in the rule where ambiguity existed
Add flexibility for generators managing hazardous wastes under certain conditions
Improve efficiency and effectiveness
Non-compliance rate 10 to 30%

3. Office of Waste [Organizational chart of the Office of Waste]
Brent Wade
Deputy Director
Permitting & Registration Support Division
Jaya Zyman, P.E., Director
Registration & Reporting Section
Don Kennedy, Manager
Occupational Licensing Section
Linda Saladino, Manager
Remediation Division
Beth Seaton, Director
Superfund Section
Monica Harris P.G., Manager
Voluntary Cleanup Program/Corrective Action Section
Merrie Smith, P.G., Manager
Petroleum Storages Tank/Dry Cleaner Remediation Sections
Ken Davis, P.G., Manager
Division Support Section
Craig Watts, Manager
Waste Permits Division
Earl Lott, Director
Industrial & Hazardous Waste Permits Section
Bob Patton, Manager
Municipal Solid Waste Permits Section
Chance Goodin, Manager
Business & Program Services Section
Charly Fritz, Manager
Radioactive Materials Division
Charles Maguire, Director
Radioactive Material Licensing Section
Bobby Janecka, Manager
Underground Injection Control Permits Section
Lorrie Council, P.G., Manager
Office of Waste
[Organizational chart of the Office of Waste]
Office of Waste
[Organizational chat of the Office of Waste]
Brent Wade, Deputy Director
Ashley Forbes, Special Assistant
Mark Henrichs, Office Budget Liaison
Rachel Kradjel, Executive Assistant
Bill Shafford, P.E., Technical Specialist
RADIOACTIVE MATERIALS DIVISION: Charles Maguire, Director
PERMITTING & REGISTRATION SUPPORT DIVISION: Jaya Zyman, P.E., Director
REMEDIATION DIVISION: Beth Seaton, Director
WASTE PERMITS DIVISION: Earl Lott, Director
REGISTRATION & REPORTING SECTION: Don Kennedy, Manager
OCCUPATIONAL LICENSING SECTION: Linda Saladino, Manager
SUPERFUND SECTION: Monica Harris, P.G., Manager
DIVISION SUPPORT SECTION: Craig Watts, Manager
PST/DCRP SECTION: Kenneth Davis, P.G., Manager
VCP/CA SECTION: Merrie Smith, P.G., Manager
BUSINESS & PROGRAM SERVICES SECTION: Charly Fritz, Manager
INDUSTRIAL & HAZARDOUS WASTE PERMITS SECTION: Bob Patton, Manager
MUNICIPAL SOLID WASTE PERMITS SECTION: Chance Goodin, Manager
RADIOACTIVE MATERIALS SECTION: Bobby Janecka, Manager
UNDERGROUND INJECTION CONTROL PERMITS SECTION: Lorrie Council, P.G., Manager
OFFICE OF WASTE April 2017
Office of Waste Organization Chart - where do these programs interact with the TCEQ I&HW program….
PRS – registrations non-permitted SQG and LQGs, Corrective Action handles remediation permitted and non permitted
Radioactive Materials Div – low level radioactive sites and TCEQ regulated injections wells – top part of storage area a RCRA permit
MSW – waste permits, registrations from municipal sources, medical waste, tires, and recycling NOIs from municipal sources.

4. Hazardous Waste Facilities
Permits: 181
Commercial: 53
Non-Commercial: 128
Registrations: 5,425 active generators
Hazardous Waste Facilities
Permits: 181
Commercial: 53
Non-Commercial: 128
Registrations: 5,425 active generators

5. Permitted Facility Locations
Scan the QR Code for an interactive map!
[Image of a QR code to an interactive Google map with all permitted hazardous waste facilities in Texas.]
[Map of Texas containing outlined Texas counties and TCEQ regions, and locations of IHW Permitted Facilities.]
Permitted Facility Locations
Scan the QR Code for an interactive map (shows – permit number, type of wastes accepted)
[Image of a QR code to an interactive Google map with all permitted hazardous waste facilities in Texas.]
[Map of Texas containing outlined Texas counties and regions, and locations of IHW Permitted Facilities.]

6. Final EPA Generator Rule
Proposed September 25, 2015
Published November 28, 2016
Effective May 30, 2017
Authorized states have until July 1, 2018 to adopt the more stringent requirements
Less stringent optional
Final EPA Generator Rule
Proposed September 25, 2015
Over 60 changes
Published November 28, 2016
Effective May 30, 2017
Authorized states have till July 1, 2018 to adopt the more stringent requirements
Less stringent optional

7. Final EPA Generator Rule
More Stringent
Small Quantity Generator (SQG) Re-notify
Identifying risks of wastes being accumulated and labeling
Closure notification (TCEQ already requires)
Final EPA Generator Rule
More Stringent
Small Quantity Generator (SQG) Re-notify
Identifying risks of wastes being accumulated and labeling
Closure notification (TCEQ already requires)

8. Final EPA Generator Rule
More Stringent
Biennial reporting for whole year (TCEQ already requires)
Reference guide for contingency plans
Biennial reporting for recyclers who don’t store
Final EPA Generator Rule
More Stringent
Biennial reporting for whole year (TCEQ already requires)
Reference guide for contingency plans
Biennial reporting for recyclers who don’t store

9. Final EPA Generator Rule
Less Stringent
Very Small Quantity Generator (VSQG) Consolidation
Episodic Generation
Waiver from 50’ rule
Participating academic labs allowed 12 months of accumulation
Final EPA Generator Rule
Less Stringent
Very Small Quantity Generator (VSQG) Consolidation
Episodic Generation
Waiver from 50’ rule
Participating academic labs allowed 12 months of accumulation
Plan on site, notification to opt into the program

10. Other Items in Final EPA Rule
Adds definitions including:
"Large quantity generator – (LQG)," "acute hazardous waste," "central accumulation area”
Renames conditionally exempt small quantity generators to "very small quantity generators – (VSQG)”
Other Items in Final EPA Rule
Add, revise, and correct definitions including:
"Large quantity generator – (LQG)," "acute hazardous waste," "central accumulation area”
Rename conditionally exempt small quantity generators to "very small quantity generators – (VSQG)”
Requires small and large quantity generators to create and maintain records supporting their solid and hazardous waste determinations

11. Other Items in Final EPA Rule
Emphasis on accurate waste determinations
Difference between proposed and final
Clarifications for Satellite Accumulation Areas (SAAs)
Reorganizes the generator rules
Other Items in Final EPA Rule
Emphasis on accurate waste determinations
Difference between proposed and final
Clarifications for Satellite Accumulation Areas (SAAs)
Reorganizes the generator rules

12. Specific Changes
Specific changes made through new rule. Some more stringent and clarifications on existing gray areas.

13. Generator Regulations Reorganization
Previous 40 CFR Reference
New 40 CFR Reference
Generator Category Determination
261.5(c)-(e)
262.13
VSQG Provisions
261.5(a), (b), (f-g)
262.14
Satellite Accumulation Area Provisions
262.34(c)
262.15
SQG Provisions
262.34(d-f)
262.16
LQG Provisions
262.34(a), (b), (g-i), (m)
262.17
[Table showing existing and corresponding proposed citations.]
Generator Regulations Reorganization
[Table showing existing and corresponding proposed citations.]
Regulations / Previous 40 CFR Reference / New 40 CFR Reference
Generator Category Determination / 261.5(c)-(e) /
VSQG Provisions / 261.5(a), (b), (f-g) /
Satellite Accumulation Area Provisions / (c) /
SQG Provisions / (d-f) /
LQG Provisions / (a), (b), (g-i), (m) /

14. Planning & Preparedness
Arrangements with outside emergency authorities (SQG and LQG)
Can be made through the Local Emergency Planning Committee (LEPC)
Arrangements must be documented
Flexible on where documentation can be retained
New, all that is needed is an emergency number (LQGs) – no home address and phone number
Planning & Preparedness
Arrangements with outside emergency authorities (SQG and LQG)
Can be made through the Local Emergency Planning Committee (LEPC)
Arrangements must be documented
Flexible on where documentation can be retained
New, all that is needed is an emergency number (LQGs) – no home address and phone

15. Planning & Preparedness
Contingency Plan Quick Reference Guide
For LQGs for LEPC or First Responders
Names and types of hazardous waste
Street map in relation to schools, residences, etc.
Maximum quantities
Water supply locations
Waste requiring special medical treatment
On-site notice system
Facility map
Emergency coordinators
[Table showing items required in the Contingency Plans for LQGs, LEPC or responders.]
Planning & Preparedness
[Table showing items required in the Contingency Plans for LQGs, LEPC or responders]:
Names and types of hazardous waste
Maximum quantities
Waste requiring special medical treatment
Facility map
Street map in relation to schools, residences, etc.
Water supply location
On-site notice system
Emergency coordinators

16. Labeling
Labeling of containers and tanks now must indicate the hazards of the contents
Flexibility on complying using established labeling systems (DOT, OSHA, NFPA)
Waste codes must be on containers before shipping off site
Labeling
Labeling of containers and tanks now needs to indicate the hazards of the contents
Flexibility on complying using established labeling systems (DOT, OSHA, NFPA)
Waste codes must be on containers before shipping off site

17. Satellite Accumulation Areas
Marking and labeling same as other storage areas
Reactive wastes now have to be stored at the point of generation
Three days = three consecutive calendar days
Acute – allowed to chose between maximum volume 1 quart for liquids or weight of 1 kg
Satellite Accumulation Areas
Marking and labeling same as other storage areas
Reactive wastes now have to be stored at the point of generation
Three days = three consecutive calendar days
Acute – allowed to chose between maximum volume 1 quart for liquids or weight of 1 kg

18. Satellite Accumulation Areas
No mixed wastes or incompatible wastes allowed in containers
Exceptions for leaving containers open when essential for operating equipment
Marked with “hazardous waste”
Subject to preparedness planning (SQG, LQG)
Satellite Accumulation Areas
No mixed wastes or incompatible wastes allowed in containers
Exceptions for leaving containers open when essential for operating equipment (expand)
Marked with “hazardous waste”
Subject preparedness planning (SQG,LQG)

19. Acute Waste > 1kg acute generator for hazardous waste = LQG
Defined new terms for acute and non- acute: incorrect definition in prior rule
If acute threshold is exceeded then generator is a LQG for all waste on site
Not just the acute waste
Acute Waste
> 1kg acute generator for hazardous waste = LQG
Defined new terms for acute and non-acute – incorrect definition in prior rule
If acute threshold is exceeded then generator is a LQG for all waste on site
Not just the acute waste
New

20. Other Changes
Waiver to 50’ requirement for LQGs if fire marshal concurs
Academic Lab rule accumulation time extended from 6 months to 12 months
Clarified RCRA 3004 (c) – liquid waste “land ban” for landfills also applies to hazardous waste generators
Other Changes
Waiver to 50’ requirement for LQGs if fire marshal concurs
Academic Lab rule accumulation time extended from 6 months to 12 months
Clarified RCRA 3004 (c) – liquid waste “land ban” for landfills also applies to hazardous waste generators
All new for Texas

21. Recycler Reporting
Biennial reporting for recycling facilities that receive hazardous waste from off site and do not have a RCRA storage permit
30 TAC (g)
Recycler Reporting
Biennial reporting for owners and operators of facilities that receive hazardous waste from off site and/or do not store waste prior to recycling
Per 30 TAC (g), recycling facilities are already subject to reporting of recycled hazardous wastes via the monthly waste receipt summary (MWRS.) MWRS data is included in the biennial reporting data sent to EPA.

22. SQG Re-Notify
The final rule requires SQGs to notify every 4 years unless states have more frequent notice requirements
Electronic reporting allowed
Texas – Annual Waste Summary
SQG Re-Notify
The final rule requires SQGs to notify every 4 years unless states have more frequent notice requirements (like Texas)
Re-notification requirements begin in Texas will consider submittal of the annual waste summary as re-notification.
Electronic reporting is available through STEERS at

23. Closure Notification EPA Rule (for LQGs) Notify states (30 days prior)
Notify states that generator is meeting closure performance standards within 90 days
Can request an extension
TCEQ already requires clean closure prior to inactivating a solid waste registration for all generators per 30 TAC 335.8
Closure Notification
EPA Rule (for LQGs)
Notify states (30 days prior)
Notify states that generator is meeting closure performance standards within 90 days
Can request an extension
TCEQ already requires clean closure prior to inactivating a solid waste registration for all generators per 30 TAC 335.8
Contact Corrective Action for additional information at

24. Less Stringent
Less stringent features of the rule. Prior slides were a clarification of components of the program where ambiguity existed and covered some more stringent requirements. Less stringent rules are optional for adoption.

25. VSQG Consolidation
Allows an LQG to consolidate wastes under the same company from VSQG sites
Currently an LQG needs a RCRA permit to receive VSQG wastes
This ensures proper management and more reporting of hazardous waste
Sending hazardous waste to a RCRA- designated facility is the most environmentally sound option
VSQG Consolidation
Allows an LQG to consolidate wastes under the same company from VSQG sites
Currently an LQG needs a RCRA permit to receive VSQG wastes
This ensures proper management of hazardous waste and more reporting
Sending to a RCRA-designated facility is the most environmentally sound option

26. VSQG Consolidation Allows consolidation of hazardous waste at an LQG:
VSQG requirements include:
Labels waste containers with Hazardous Waste and identify hazards
Comply with DOT shipping requirements
Manifest not required for VSQG
VSQG Consolidation
Allows consolidation of hazardous waste at an LQG:
VSQG requirements include:
Labels waste containers with Hazardous Waste and identify hazards
Comply with DOT shipping requirements
Manifest not required for VSQG

27. VSQG Consolidation LQG requirements:
Wastes “under control of the same person”
Notifies state ( )
Identify participating VSQG
Manages consolidated waste as LQG
Reports quantities managed and keeps records (3 years)
VSQG Consolidation
LQG requirements:
Wastes “under control of the same person”
Notifies state ( )
Identify participating VSQG
Manages consolidated waste as LQG
Reports quantities managed and keeps records (3 years)

28. Episodic Generation
Allows generators to maintain their existing category provided they comply with a streamlined set of requirements
Frequency: Once a calendar year, can petition for a second unplanned event
Notification: 30 days prior to planned event
72 hours after an unplanned event
60 days to get waste off-site
Episodic Generation
Allows an LQG to consolidate wastes under the same company from VSQG sites
Allows generators to maintain their existing category provided they comply with a streamlined set of requirements
Frequency : Once a calendar year, can petition for a second unplanned event
Notify EPA or state 30 days prior to planned event
72 hours after an unplanned event
60 days to get waste off-site

29. Episodic Generation Requirements for VSQGs:
Notify and obtain temporary identification number
Manifest waste, use registered transporter, permitted site
Identify an emergency coordinator
Label episodic waste containers
Maintain records associated with the event
Episodic Generation
Requirements for VSQGs:
Notify EPA or state to obtain identification number
Manifest waste, use registered transporter, permitted site
Label episodic waste containers
Identify an emergency coordinator
Maintain records associated with the event
Texas has One-Time Shipment program (form 00757)

30. Episodic Generation Requirements for SQGs Notify
Comply with existing SQG regulations
Maintain records associated the event
Texas One-Time Shipment program (form )
SQG’s add waste stream to NOR and report on the AWS
Episodic Generation
Requirements for SQGs
Notify
Comply with existing SQG regulations
Maintain records associated the event
Texas One-Time Shipment program (form 00757)
SQG’s add waste stream to NOR and report on the AWS

31. Resources
waste-generator-improvements
Final rule in the Federal Register
Fact sheet
Frequent questions
Webinars from November 30, 2016 and January 9, 2017
Resources
Final rule in the Federal Register: /hazardous-waste-generator-improvements-rule
Fact sheet: waste-generator-improvements-final-rule
Frequent questions: about-hazardous-waste-generator-improvements-final-rule
Webinars from November 30, 2016 [ in.org/conf/tio/hwgenerators_113016/] and January 9, 2017 [ in.org/conf/tio/hwgenerators/]

32. Sign Up for GovDelivery
[Pictures of the first and second pages of the Spring 2017 I&HW Quarterly Highlights.]
Receive the I&HW Quarterly update, and notification of IHW forms, rule, guidance, and procedure updates:
v/permitting/waste_permi ts/ihw_permits/signupihw
Sign Up for GovDelivery
Receive the I&HW Quarterly update, and notification of IHW forms, rule, guidance, and procedure updates:
[Pictures of the first and second pages of the Spring 2017 I&HW Quarterly Highlights.]

33. Sheila Meyers Industrial and Hazardous Waste Permits Section
Waste Classification
Next Presentation
At 3:45
Sheila Meyers
Industrial and Hazardous Waste Permits Section
Promotion of next presentation:
“Waste Classification”: Sheila Meyers
Presenting at 3:45.

34. Will Wyman Waste Permits Division (512) 239-2335 ihwper@tceq.texas.gov
How to Contact Us
For Registration and Reporting
For Industrial & Hazardous Waste Permitting
Andi Windham and Ed Minter Permitting and Registration Support Division (512)
Will Wyman Waste Permits Division (512)
How to Contact Us
For Registration and Reporting:
Andi Windham and Ed Minter
Permitting and Registration Support Division
(512)
For Industrial & Hazardous Waste Permitting
Will Wyman
Waste Permits Division
(512)