A very small quantity generator may maintain its existing generator category for hazardous waste generated during an episodic event provided the very small quantity generator:
- (a) Has no more than one episodic event per calendar year, unless a petition for a second episodic event is granted pursuant to Env-Hw 516.05;
(b) Notifies the department:
- (1) At least 30 days prior to initiating a planned episodic event using Form HWM-2 “RCRA C Site Identification Form” as amended August 2025; or
- (2) Within 72 hours of the unplanned episodic event via telephone, email, or fax and subsequently submits Form HWM-2 “RCRA C Site Identification Form” as amended August 2025;
- (c) Has an EPA identification number or obtains one by submitting Form HWM-2 “RCRA C Site Identification Form” as amended August 2025, in accordance with Env-Hw 504;
- (d) Accumulates hazardous waste generated from an episodic event only in containers, tanks, or both;
(e) Complies with the following requirements:
- (1) Env-Hw 508.02(b)-(d), (f), (g)(1), and (j);
- (2) Env-Hw 508.03(c) and (e)-(i); and
(3) If hazardous waste generated from an episodic event is accumulated in a tank:
- a. Inspects the tank and tank system at least daily to look for leaks and deterioration;
- b. Any ignitable or reactive hazardous waste is accumulated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react; and
- c. The tank, if used to accumulate ignitable or reactive hazardous waste, is located to maintain protective distances between the waste management area and any public ways, streets, alleys, or adjoining property lines, as required in Tables 2-1 through 2-6 of the National Fire Protection Association’s “Flammable and Combustible Liquids Code,” NFPA 30, 1977 or 1981, as incorporated by reference in 40 CFR 260.11 and available as noted in Appendix B;
(f) If accumulating in a container, clearly marks or labels the container with the following:
- (1) The words “Episodic Hazardous Waste”;
- (2) Words that identify the contents;
- (3) An indication of the hazards of the contents; and
- (4) The date upon which the episodic event began;
(g) If accumulating in a tank:
(1) Clearly marks or labels the tank with the following:
- a. The words “Episodic Hazardous Waste”;
- b. Words that identify the contents; and
- c. An indication of the hazards of the contents;
- (2) Uses inventory logs, monitoring equipment, or other records to identify the date upon which each episodic event begins; and
- (3) Keeps inventory logs or records with the information in (g)(2), above, on site and readily available for inspection;
- (h) Complies with Env-Hw 510 through Env-Hw 512, as applicable, when it sends its episodic event hazardous waste offsite to a designated facility;
- (i) Ships the hazardous waste from its episodic event offsite to a designated facility no more than 60 days from the start of the episodic event;
(j) Compiles and maintains the following records:
- (1) Beginning and end dates of the episodic event;
- (2) A description of the episodic event;
- (3) A description of the types and quantities of hazardous wastes generated during the event;
- (4) A description of how the hazardous waste was managed as well as the name of the designated facility that received the hazardous waste;
- (5) The name(s) of hazardous waste transporters;
- (6) Manifest copies; and
- (7) An approval letter from the department if the generator petitioned to conduct one additional episodic event per calendar year; and
- (k) Maintains the records of its episodic event as specified in Env-Hw 512.01(a)(12).
Source. #14280, eff 8-1-25, EXPIRES: 8-1-35