New Changes to Requirements for Hazardous Waste Generators – Part 4

This is part 4 in our series of blogs to explain the upcoming changes to RCRA regulations that will impact generators of hazardous wastes.  The changes will go into effect on May 30, 2017.  The eight changes we described previously are:

  1. Reorganization of the Hazardous Waste Generator Regulations and modifies the organization of the Preamble.
  2. Changes to 40 CFR Part 260, which covers definitions
  3. Changes to 40 CFR Part 261, requiring biennial reporting by facilities that recycle hazardous waste without storing it.
  4. Changes to 40 CFR Part 262, which covers the standards applicable to generators of hazardous waste
  5. Additional changes to 40 CFR Part 262 for generators that would ordinarily have changed status due to an episodic event
  6. Additional changes to 40 CFR Part 262 clarifying expectations related to Preparedness, Prevention, and Emergency Procedures for SQG’s and LQG’s
  7. Technical corrections and changes to 40 CFR Part 257
  8. New discussion of “Electronic Tools to Streamline Hazardous Waste Reporting and Record keeping Requirements”

In our prior posts, we have given an overview of the coming changes and we have discussed some of the details of numbers 1 and 2 above.  Today, we will tackle the third item from the list above – changes to 40 CFR Part 261, requiring biennial reporting by facilities that recycle hazardous waste without storing it.

The new rule, Part 261.6(c)(2), requires owners or operators of certain recycling facilities to comply with the biennial reporting requirements of 40 CFR 265.75.  The recycling facilities affected are those that do not store the materials prior to recycling AND either partially reclaim hazardous wastes into commodity-like materials, or recycle regulated hazardous wastes.  This provision is only applicable to owners and operators of facilities that receive regulated hazardous waste from off site and/or do not store incoming hazardous waste prior to recycling. Large Quantity Generators or “LQGs” that generate and recycle their own regulated hazardous wastes are not impacted and are still regulated under § 261.6(b).

The next post will cover changes to 40 CFR Part 262, which covers the standards applicable to generators of hazardous waste.

For more information on this topic or other issues associated with the beneficial use or recycling of chemicals or fuels, please email us or call us at 713-568-3651.