Most RCRA-permitted TSDFs are also large quantity generators (LQGs). Prior to the generator improvement rules, some hazardous waste management requirements were consistent between LQGs and RCRA-permitted TSDFs. Therefore, it was possible for a facility to follow the provisions within their RCRA permit application and comply with those LQG requirements that were consistent. Since the generator improvement rules have become effective, there are now some obvious differences, most notably with the contingency plan and labeling of waste tanks/containers.
The generator improvement rules require that a quick reference guide to the contingency plan be prepared and submitted to local responders. This guide must include specific information and maps, presented in layman’s terms. Labels on waste tanks/containers must identify the hazards of the wastes being accumulated and RCRA waste codes must be marked on waste containers prior to shipment off-site. So, is a RCRA-permitted facility expected to submit a modification for update of their application? The answer is No. If a RCRA permit application currently contains provisions to comply with one or more generator requirements, the facility only needs to prepare or update internal procedures and submit the quick reference guide to local responders to comply with the generator improvement rules. However, U.S. EPA has recommended that RCRA-permitted facilities review their application to determine if modifications would be beneficial considering the generator improvement rules.
In terms of timing, most of the generator improvement rules must be implemented beginning on their effective date. For the contingency plan quick reference guide, an LQG (or TSDF that is also an LQG) must prepare and submit the guide the next time some other update to the contingency plan is required. For facilities that do not routinely update their contingency plan, it is recommended that the quick reference guide be prepare and submitted sooner rather than later to avoid the possibility of forgetting about the requirement. Cox-Colvin has already begun preparing quick reference guides for clients and helping them navigate the other generator improvement rule requirements. For additional information or assistance, contact the author.
Published in October 2020 Focus on the Environment Newsletter
Nick M. Petruzzi, PE, CPG is a Principal Engineer at Cox Colvin & Associates, Inc. Mr. Petruzzi holds degrees in both geology and environmental engineering. He has been involved with numerous projects that have required the evaluation, design, construction, and operation of both established and innovative remedial alternatives for the treatment and disposal of contaminated soil and groundwater at industrial facilities. He also provides management and technical services on projects that deal with hydrogeologic investigation as well as hazardous waste, NPDES, and air permits. Mr. Petruzzi was a contributing author and instructor for the Interstate Technology and Regulatory Council (ITRC) Green and Sustainable Remediation (GSR) team, is a registered Professional Engineer in the State of Ohio, Kentucky, and Pennsylvania, and is a Certified Professional Geologist.