This section of the tour focuses on the Resource Conservation and Recovery Act (RCRA) inspection requirements applicable to facilities that store hazardous waste in containers or tanks. RCRA's requirements vary, in part, according to the classification of the hazardous waste generator. A summary of key information regarding generator classification and inspection requirements follows. Many states also have their own, sometimes more stringent, regulations.
Generators Classification
RCRA hazardous waste regulations classify generators of hazardous waste into three categories based on the quantity generated, as follows:
- Conditionally exempt small quantity generators (CESQGs) generate no more than 100 kilograms (220 pounds) of hazardous waste in a calendar month.
- Small quantity generators (SQGs) generate between 100 kilograms (220 pounds) and 1,000 kilograms (2,200 pounds) of hazardous waste in a calendar month.
- Large quantity generators (LQGs) generate more than 1,000 kilograms (2,200 pounds) of hazardous waste in a calendar month.
The regulations refer to small quantity generators as "generators of greater than 100 kg but less than 1,000 kg in a calendar month." Requirements for "generators" always apply to large quantity generators, but may not apply to SQGs or CESQGs. Generator status is based on the monthly total of all hazardous waste generated rather than on the quantity of each type of hazardous waste. Generator status is not determined by average monthly hazardous waste generation. Rather, hazardous waste generator status is determined separately for each calendar month, based on actual hazardous waste generation in the month. In addition, total volume limits cannot be exceeded (e.g., small quantity generators may not store more than 6,000 kilograms of hazardous waste on site at any time).
Inspections
RCRA requires that SQGs and LQGs of hazardous waste inspect containers in storage (not in satellite accumulation areas) at least weekly for signs of leaks, corrosion, or other deterioration. (Note: The federal RCRA and some state regulations do not require these inspections to be documented; however, it is a good practice to keep records in order to demonstrate that the inspections occur.) (40 CFR 262.34(a)(1)(i), 265.174)
RCRA has additional requirements, as summarized below:
- For LQGs, hazardous waste storage tanks must receive daily inspections of overfill/spill control equipment, monitoring devices, the condition of the construction materials of the tank and the discharge containment structures and the area immediately surrounding the tank, and cathodic protection systems; and these inspections must be documented. (40 CFR 265.1956(c))
- For SQGs, hazardous waste storage tanks must receive daily inspections of discharge control equipment, monitoring equipment, and tank levels; and weekly inspections for corrosion, erosion, or leakage. (40 CFR 265.201)
- LQGs that store containers of hazardous waste, or LQGs that have tank systems for storing hazardous waste, and that are not exempt from 40 CFR 265 Subparts I or J, must meet specific EPA requirements for controlling air emissions from containers and tanks. (40 CFR 265 Subpart CC) These include the following inspection requirements:
- EPA has requirements for controlling air emissions from containers and these requirements vary depending, in part, on the size of the container. A facility with a container(s) that is (are) greater than 0.1 m3 but less than 0.46 m3 that is (are) subject to 40 CFR 265 Subpart CC must control for emissions using "Level 1" standards. A Container Level 1 control is one of the following:
- A container that meets applicable U.S. Department of Transportation regulations on packaging hazardous materials for transportation,
- A container equipped with a cover and closure devices that form a continuous barrier over the container openings, or
- An open-topped container that has an organic-vapor suppressing barrier placed on or over the hazardous waste in the container.
For LQGs who store hazardous waste in containers using Level 1 controls subject to 40 CFR 265 Subpart CC, then covers and closure devices appropriate to one of the three Level 1 controls listed above must be installed and maintained on the containers to minimize exposure of the hazardous waste to the atmosphere and these shall be kept closed (except for certain circumstances such as adding/removing waste, or conducting inspections). In addition, an initial visual inspection of the containers (i.e., prior to their receiving any waste) and visual inspections at least once every 12 months for visible cracks, holes, gaps or other open spaces into the interior must be conducted. (Note: The regulations do not specify these inspections need to be documented. However, because the facility is also required to attempt to repair deficiencies identified during the inspections within 24 hours after detection but not later than five days from detection, documenting these inspections and the follow-up maintenance activity is a recommended way to demonstrate they occur.)
- For LQGs whose hazardous waste storage tanks use Level 1 controls for air emissions controls, an initial inspection and periodic inspections of the fixed roof and its closure devices must occur and records kept of the inspections. These inspections are required to be documented and records kept for a period of at least three years. (40 CFR 265.1085(c), 265.1090(a))
For the complete text of the regulations (40 CFR 262, and 265), click here:
40 CFR 262
40 CFR 265