California Code of Regulations › Title 22 - Social Security › Division 4.5 - Environmental Health Standards for the Management of Hazardous Waste › Chapter 12 - Standards Applicable to Generators of Hazardous Waste › Article 1 - Applicability › Section 66262.16 - Conditions for Exemption for a Small Quantity Generator that Accumulates Hazardous Waste

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A small quantity generator may accumulate hazardous waste
					 on site without a permit or interim status, and without complying with the
					 requirements of chapters 14, 15, 16, and 20 of this division, or the
					 notification requirements pursuant to Health and Safety Code section
					 25153.6,
					 provided that all the conditions for exemption listed in this section are
					 met:
(a) Generation. The generator
				  generates in a calendar month no more than the amounts specified in the
				  definition of "small quantity generator" in section
				  66260.10 of this
				  division.
(b) Accumulation. The
				  generator accumulates hazardous waste onsite for no more than 180 days, unless
				  in compliance with the conditions for exemption for longer accumulation in
				  subsections (d) and (e) of this section. The following accumulation conditions
				  also apply:
(1) Accumulation limit. The
				  quantity of hazardous waste accumulated onsite never exceeds 6,000 kilograms
				  (13,200 pounds);
(2) Accumulation
				  of hazardous waste in containers.
(A)
				  Condition of containers. If a container holding hazardous waste is not in good
				  condition, or if it begins to leak, the small 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.
(B) Compatibility of waste with container.
				  The small 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 accumulated, so that the ability of the container to
				  contain the waste is not impaired.
(C) Management of containers.
1. A container holding hazardous waste shall
				  always be closed during accumulation, except when it is necessary to add or
				  remove waste.
2. A container
				  holding hazardous waste shall not be opened, handled, or accumulated in a
				  manner that may rupture the container or cause it to leak.
(D) Inspections. At least weekly, the small
				  quantity generator shall inspect central accumulation areas. The small quantity
				  generator shall look for leaking containers and for deterioration of containers
				  caused by corrosion or other factors. See subsection (b)(2)(A) of this section
				  for remedial action required if deterioration or leaks are detected.
(E) Special conditions for accumulation of
				  incompatible wastes.
1. Incompatible wastes,
				  or incompatible wastes and materials (see Appendix V of chapter 15 of this
				  division for examples) shall not be placed in the same container, unless
				  section 66265.17(b) of
				  this division is complied with.
2.
				  Hazardous waste shall not be placed in an unwashed container that previously
				  held an incompatible waste or material (see Appendix V of chapter 15 of this
				  division for examples), unless section
				  66265.17(b) of
				  this division is complied with.
3.
				  A container accumulating 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.
(3) Accumulation of
				  hazardous waste in tanks.
(A) A small
				  quantity generator of hazardous waste shall comply with the following general
				  operating conditions:
1. Treatment or
				  accumulation of hazardous waste in tanks shall comply with section
				  66265.17(b) of
				  this division.
2. Hazardous wastes
				  or treatment reagents shall not be placed in a tank if they could cause the
				  tank or its inner liner to rupture, leak, corrode, or otherwise fail before the
				  end of its intended life.
3.
				  Uncovered tanks shall be operated to ensure at least 60 centimeters (2 feet) of
				  freeboard, unless the tank is equipped with a containment structure (e.g., dike
				  or trench), a drainage control system, or a diversion structure (e.g., standby
				  tank) with a capacity that equals or exceeds the volume of the top 60
				  centimeters (2 feet) of the tank.
4. Where hazardous waste is continuously fed
				  into a tank, the tank shall be equipped with a means to stop this inflow (e.g.,
				  waste feed cutoff system or bypass system to a standby tank).
(B) Except as noted in subsection
				  (b)(3)(C) of this section, a small quantity generator that accumulates
				  hazardous waste in tanks shall inspect, where present:
1. Discharge control equipment (e.g., waste
				  feed cutoff systems, bypass systems, and drainage systems) at least once each
				  operating day, to ensure that it is in good working order;
2. Data gathered from monitoring equipment
				  (e.g., pressure and temperature gauges) at least once each operating day to
				  ensure that the tank is being operated according to its design;
3. The level of waste in the tank at least
				  once each operating day to ensure compliance with subsection (b)(3)(A)3 of this
				  section;
4. The construction
				  materials of the tank at least weekly to detect corrosion or leaking of
				  fixtures or seams; and
5. The
				  construction materials of, and the area immediately surrounding, discharge
				  confinement structures (e.g., dikes) at least weekly to detect erosion or
				  obvious signs of leakage (e.g., wet spots or dead vegetation). The generator
				  shall remedy any deterioration or malfunction of equipment or structures which
				  the inspection reveals on a schedule which ensures that the problem does not
				  lead to an environmental or human health hazard. Where a hazard is imminent or
				  has already occurred, remedial action shall be taken immediately.
(C) A small quantity generator
				  accumulating hazardous waste in tanks or tank systems that have full secondary
				  containment and that either use leak detection equipment to alert personnel to
				  leaks, or implement established workplace practices to ensure leaks are
				  promptly identified, shall inspect at least weekly, where applicable, the areas
				  identified in subsection (b)(3)(B)1 through 5 of this section. Use of the
				  alternate inspection schedule shall be documented in the generator's operating
				  record. This documentation shall include a description of the established
				  workplace practices of the generator.
(D) A small quantity generator accumulating
				  hazardous waste in tanks shall, upon closure of the facility, remove all
				  hazardous waste from tanks, discharge control equipment, and discharge
				  confinement structures. At closure, as throughout the operating period, unless
				  the small quantity generator can demonstrate, in accordance with section
				  66261.3(c) or (d)
				  of this division, that any solid waste removed from its tank is not a hazardous
				  waste, then the generator shall manage such waste in accordance with all
				  applicable provisions of chapters 12, 13, 15, and 18 of this
				  division.
(E) A small quantity
				  generator shall comply with the following special conditions for accumulation
				  of ignitable or reactive waste:
1. Ignitable
				  or reactive waste shall not be placed in a tank, unless:
a. The waste is treated, rendered, or mixed
				  before or immediately after placement in a tank so that the resulting waste,
				  mixture, or dissolution of material no longer meets the definition of ignitable
				  or reactive waste under section
				  66261.21 or
				  66261.23 and section
				  66265.17(b) of
				  this division is complied with; or
b. The waste is accumulated or treated in
				  such a way that it is protected from any material or conditions that may cause
				  the waste to ignite or react; or
c.
				  The tank is used solely for emergencies.
2. A small quantity generator which treats or
				  accumulates ignitable or reactive waste in covered tanks shall comply with the
				  buffer zone requirements for tanks contained in Tables 2-1 through 2-6 of the
				  National Fire Protection Association's "Flammable and Combustible Liquids Code"
				  (1981) (incorporated by reference, see section
				  66260.11 of this
				  division).
3. A small quantity
				  generator shall comply with the following special conditions for incompatible
				  wastes:
a. Incompatible wastes, or
				  incompatible wastes and materials, (see Appendix V of chapter 15 of this
				  division for examples) shall not be placed in the same tank, unless section
				  66265.17(b) of
				  this division is complied with.
b.
				  Hazardous waste shall not be placed in an unwashed tank that previously held an
				  incompatible waste or material, unless section
				  66265.17(b) of
				  this division is complied with.
(4) Labeling and marking of containers and
				  tanks.
(A) Containers. A small quantity
				  generator shall mark or label its containers with the following:
1. The words "Hazardous Waste";
2. The composition and physical state of the
				  wastes;
3. 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 Code of Federal Regulations 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 Code of Federal Regulations 1910.1200; or a
				  chemical hazard label consistent with the National Fire Protection Association
				  code 704];
4. The name and address
				  of the person generating the waste;
5. The date upon which each period of
				  accumulation begins shall be clearly marked and visible for inspection on each
				  container; and
6. The date the
				  applicable accumulation period specified in subsection (b) of this section
				  begins shall be clearly marked and visible for inspection on each
				  container.
(B) Tanks. A
				  small quantity generator accumulating hazardous waste in tanks shall do the
				  following:
1. Mark or label its tanks with the
				  words "Hazardous Waste";
2. Mark or
				  label its tanks with 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 Code of Federal Regulations 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 Code of
				  Federal Regulations 1910.1200; or a chemical hazard label consistent with the
				  National Fire Protection Association code 704];
3. The date the applicable accumulation
				  period specified in subsection (b) of this section begins shall be clearly
				  marked and visible for inspection on each tank;
4. Use inventory logs, monitoring equipment,
				  or other records to demonstrate that hazardous waste has been emptied within
				  180 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 180 days of first
				  entering; and
5. Keep inventory
				  logs or records with the above information on site and readily available for
				  inspection.
(5) Land disposal restrictions. A small
				  quantity generator shall comply with all the applicable requirements under
				  chapter 18 of this division.
(6)
				  Preparedness and prevention.
(A) Maintenance
				  and operation of facility. A small quantity generator shall maintain and
				  operate its facility to minimize the possibility of a fire, explosion, or any
				  unplanned sudden or non-sudden release of hazardous waste or hazardous waste
				  constituents to air, soil, or surface water which could threaten human health
				  or the environment.
(B) Required
				  equipment. All areas where hazardous waste is either generated or accumulated
				  shall be equipped with the items in subsection (b)(6)(B)1 through 4 of this
				  section (unless none of the hazards posed by waste handled at the facility
				  could require a particular kind of equipment specified below or the actual
				  waste generation or accumulation area does not lend itself for safety reasons
				  to have a particular kind of equipment specified below). A small quantity
				  generator may determine the most appropriate locations to locate equipment
				  necessary to prepare for and respond to emergencies.
1. An internal communications or alarm system
				  capable of providing immediate emergency instruction (voice or signal) to
				  facility personnel;
2. A device,
				  such as a telephone (immediately available at the scene of operations) or a
				  handheld two-way radio, capable of summoning emergency assistance from local
				  police departments, fire departments, or state or local emergency response
				  teams;
3. Portable fire
				  extinguishers, fire control equipment (including special extinguishing
				  equipment, such as that using foam, inert gas, or dry chemicals), spill control
				  equipment, and decontamination equipment; and
4. Water at adequate volume and pressure to
				  supply water hose streams, or foam producing equipment, or automatic
				  sprinklers, or water spray systems.
(C) Testing and maintenance of equipment. All
				  facility communications or alarm systems, fire protection equipment, spill
				  control equipment, and decontamination equipment, where required, shall be
				  tested and maintained as necessary to assure its proper operation in time of
				  emergency.
(D) Access to
				  communications or alarm system.
1. Whenever
				  hazardous waste is being poured, mixed, spread, or otherwise handled, all
				  personnel involved in the operation shall have immediate access (e.g., direct
				  or unimpeded access) to an internal alarm or emergency communication device,
				  either directly or through visual or voice contact with another employee,
				  unless such a device is not required under subsection (b)(6)(B) of this
				  section.
2. If there is ever just
				  one employee on the premises while the facility is operating, the employee
				  shall have immediate access (e.g., direct or unimpeded access) to a device,
				  such as a telephone (immediately available at the scene of operation) or a
				  handheld two-way radio, capable of summoning external emergency assistance,
				  unless such a device is not required under subsection (b)(6)(B) of this
				  section.
(E) Required
				  aisle space. The small quantity generator shall maintain aisle space to allow
				  the unobstructed movement of personnel, fire protection equipment, spill
				  control equipment, and decontamination equipment to any area of facility
				  operation in an emergency, unless aisle space is not needed for any of these
				  purposes.
(F) Arrangements with
				  local authorities.
1. The small quantity
				  generator shall attempt to make arrangements with the local police department,
				  fire department, other emergency response teams, emergency response
				  contractors, equipment suppliers and local hospitals, taking into account the
				  types and quantities of hazardous wastes handled at the facility. Arrangements
				  may be made with the Local Emergency Planning Committee, if it is determined to
				  be the appropriate organization with which to make arrangements.
a. A small quantity generator attempting to
				  make arrangements with its local fire department shall determine the potential
				  need for the services of the local police department, other emergency response
				  teams, emergency response contractors, equipment suppliers and local
				  hospitals.
b. As part of this
				  coordination, the small quantity generator shall attempt to make arrangements,
				  as necessary, to familiarize the above organizations with the layout of the
				  facility, the properties of hazardous waste handled at the facility and
				  associated hazards, places where facility personnel would normally be working,
				  entrances to roads inside the facility, and possible evacuation routes as well
				  as the types of injuries or illnesses that could result from fires, explosions,
				  or releases at the facility.
c.
				  Where more than one police or fire department might respond to an emergency,
				  the small quantity generator shall attempt to make arrangements designating
				  primary emergency authority to a specific fire or police department, and
				  arrangements with any others to provide support to the primary emergency
				  authority.
2. A small
				  quantity generator shall maintain records documenting the arrangements with the
				  local fire department as well as any other organization necessary to respond to
				  an emergency. This documentation shall include documentation in the operating
				  record that either confirms such arrangements actively exist or, in cases where
				  no arrangements exist, confirms that attempts to make such arrangements were
				  made.
3. Where state or local
				  authorities decline to enter into such arrangements, the small quantity
				  generator shall document the refusal in the operating record.
(7) Emergency
				  procedures. The small quantity generator complies with the following conditions
				  for those areas of the generator facility where hazardous waste is generated
				  and accumulated:
(A) At all times there shall
				  be at least one employee either on the premises or on call (i.e., available to
				  respond to an emergency by reaching the facility within a short period of time)
				  with the responsibility for coordinating all emergency response measures
				  specified in subsection (b)(7)(D) of this section. This employee is the
				  emergency coordinator.
(B) The
				  small quantity generator shall post the following information next to
				  telephones or in areas directly involved in the generation and accumulation of
				  hazardous waste:
1. The name and emergency
				  telephone number of the emergency coordinator;
2. Location of fire extinguishers and spill
				  control material, and, if present, fire alarm; and
3. The telephone number of the fire
				  department, unless the facility has a direct alarm.
(C) The small quantity generator shall ensure
				  that all employees are thoroughly familiar with proper waste handling and
				  emergency procedures relevant to their responsibilities during normal facility
				  operations and emergencies;
(D) The
				  emergency coordinator or his or her designee shall respond to any emergencies
				  that arise. The applicable responses are as follows:
1. In the event of a fire, call the fire
				  department or attempt to extinguish it using a fire extinguisher;
2. In the event of a spill, the small
				  quantity generator is responsible for containing the flow of hazardous waste to
				  the extent possible, and as soon as is practicable, cleaning up the hazardous
				  waste and any contaminated materials or soil.
3. In the event of a fire, explosion, or
				  other release that could threaten human health outside the facility or when the
				  small quantity generator has knowledge that a spill has reached surface water,
				  the small quantity generator shall immediately notify the National Response
				  Center (using their 24-hour toll free number (800) 424-8802). The report shall
				  include the following information:
a. The
				  name, address, and U.S. EPA identification number of the small quantity
				  generator;
b. Date, time, and type
				  of incident (e.g., spill or fire);
c. Quantity and type of hazardous waste
				  involved in the incident;
d. Extent
				  of injuries, if any; and
e.
				  Estimated quantity and disposition of recovered materials, if any.
(8) A small
				  quantity generator shall not hold acutely hazardous waste or extremely
				  hazardous waste in an amount greater than one kilogram for more than 90
				  days.