A SQG cannot treat in containment buildings or on drip pads and continue to operate under the reduced requirements for SQGs set forth in Section 262.34(d). Containment buildings and drip pads are LQG accumulation units (Sections 262.34(a)(iii) and (iv)). A SQG may treat hazardous waste in containment buildings or on drip pads if the generator complies with the more stringent LQG requirements, such as personnel training and contingency plans as required in Section 262.34(a)(4). In addition, a SQG would have to close those accumulation units in accordance with Sections 265.111(a) and (b), and Section 265.114, as well as comply with a 90-day accumulation period rather than a 180-day accumulation period.
Note: On November 28, 2016, EPA published the Hazardous Waste Generator Improvements Final Rule, which makes several revisions to the hazardous waste generator regulations. These revisions may affect the information provided in this FAQ. The final rule and additional information, including a fact sheet, frequent questions, and a webinar recording and slides, are available at www.epa.gov/hwgenerators/final-rule-hazardous-waste-generator-improvements.
The Hazardous Waste Generator Improvements Final Rule is effective on May 30, 2017; however, implementation in a particular state depends on the state’s authorization status. A discussion of the effect that this final rule will have on state authorization is available on page 85801 of the rule. Information about how the rule will affect the requirements in this FAQ in a particular state is best obtained from the state hazardous waste program. A list of state hazardous waste programs is available at www.epa.gov/hwgenerators/links-hazardous-waste-programs-and-us-state-environmental-agencies.