If your facility generates hazardous waste, it’s essential to understand the rules governing hazardous waste generation and management. One of these rules, the Hazardous Waste Episodic Generation Rule, provides flexibility for generators facing non-routine waste-generating events, allowing a generator to manage the hazardous waste, while maintaining small quantity generator (SQG) or very small quantity generator (VSQG) status. The Episodic Waste Generation rule has not been adopted by all U.S. states, so check with your state agency to ensure your facility can take advantage of this exemption.
The Hazardous Waste Episodic Generation Rule is a provision of the Resource Conservation and Recovery Act (RCRA) located in 40 CFR Part 262 Subpart L and was adopted as part of the federal Generator Improvements Rule (GIR) which took effect at the federal level in 2018. Not all states have adopted the GIR and the Episodic Waste Generation Rule since the provisions are less stringent. Note that states that have not adopted the rule may plan to in the future.

The rule enables generators of hazardous waste to have one episodic event producing non-routine waste per year while maintaining their typical generator category. Per RCRA, an episodic event is an activity, either planned or unplanned, that does not normally occur during operations that results in an increase hazardous waste generation exceeding generator’s usual generator category. The rule was formulated to provide relief to VSQGs and SQGs during non-routine work, while still ensuring appropriate management and disposal requirements are followed. LQGs would not need to take advantage of the Episodic Generation Rule since they do not have a limit on their monthly waste generation.

Complying with hazardous waste regulations can be expensive, especially if a facility must move to a higher generator level unexpectedly. LQGs face considerable expenses due to additional planning requirements within the hazardous waste program. Furthermore, steep fines may apply if VSQGs and SQGs exceed their monthly waste volume threshold without proper notification to the state agency. By utilizing the Hazardous Waste Episodic Generation Rule, we can avoid these costly adjustments and manage non-routine waste efficiently based on the specific conditions outlined in the rule.

The benefit of the Episodic Waste Generation rule is that it allows you to respond to unexpected hazardous waste events without disrupting your daily operations or changing your generator status. Whether it’s a process upset, equipment failure, or another unforeseen event, the rule gives you the flexibility to manage the non-routine waste without having to make significant adjustments to your waste management practices.

What is the Difference Between a Planned vs. an Unplanned Event?

Planned events can include lab clean outs, equipment maintenance, expired and off specification product inventory clean outs, or tank cleanings. Your state agency must be notified 30 days prior to the planned event. A long-term demolition or remediation project would not qualify as a planned event subject to episodic generation rule relief.

Unplanned events may include process upsets, product recalls, or waste or product spills that generate hazardous waste. Your state agency must be notified within 72 hours of the start of the event.

Episodic Event Requirements

• A valid EPA ID number is required to take advantage of this rule. If the generator does not have a valid EPA ID number, they must complete EPA Form 8700-12 (or the state equivalent) and submit it to the state agency. The generator must complete EPA Form 8700-12 Episodic Event Addendum and submit to the state agency 30 days prior to the planned event and within 72 hours of an unplanned event. Check your state requirements as some may require the use of state-specific forms.
• The generator must document and certify all aspects of the event, including the duration, quantity, and types of hazardous waste generated on the notification form.
• The event may not exceed 60 days, meaning that all waste must be generated and removed during the 60-day period.
• All waste containers and tanks must be labeled as Episodic Hazardous Waste with the date the event started.
• The hazardous waste must be accumulated and disposed of based on current generator status (i.e., VSQG or SQG). A hazardous waste manifest is required regardless of generator status.
• The generator must maintain all records associated with the event for three years.

Facilities may petition their agency for a second event, but it must be different from the first event (i.e., if the first event was planned, the second event must be unplanned). Adhering to these guidelines and fulfilling the conditions outlined in the Hazardous Waste Episodic Generation Rule ensures compliance with the RCRA regulations, protects human health, and minimizes environmental risks.
As industry professionals managing hazardous waste, a thorough understanding of the Hazardous Waste Episodic Generation Rule is imperative. By utilizing this rule effectively, generators can navigate non-routine hazardous waste events efficiently, while maintaining operational continuity and complying with hazardous waste management regulations.

Remember to stay updated on regulatory changes and consult with hazardous waste experts if needed to ensure ongoing compliance with hazardous waste management rules specifically applicable to your industry.

For any questions about your facility’s compliance with the Hazardous Waste Episodic Generation Rule, please contact Regina DiLavore ([email protected]) or visit the Waste Compliance Support page to learn more.