Another component of the RCRA updates that has been of interest to some of our clients are the Episodiic Event clauses.

40 CFR 262.232 allows VSQGs and SQGs to generate waste from one (1) episodic event per calendar year. Or, may apply for a petition to generate waste from multiple episodic events in a calendar year.

An episodic event is defined as an activity or activities, either planned or unplanned, that does not normally occur during generator operations, resulting in an increase in generation of hazardous wastes that exceeds the calendar month quantity limits for the generator’s usual category. The most common episodic events are from tank clean ours or specialized waste streams generated during plant shutdowns.

You may clean out tanks or shutdown more than once per year. If this is the case the EPA may grant a petition pursuant to 40 CFR 262.232(a)(1) and (b)(1). Under 40 CFR 262.233 a facility may petition to manage one additional episodic event per calendar year. This means at this time you may be allowed up to two (2) episodic events per year.

If this applies to you 40 CFR 262.233 identifies that the petition must include the following:

  1. The reason(s) why an additional episodic event is needed and the nature of the episodic event;
  2. The estimated amount of hazardous waste to be managed from the event;
  3. How the hazardous waste is to be managed;
  4. The estimated length of time needed to complete management of the hazardous waste generated from theepisodic event – not to exceed sixty (60) days; and
  5. Information regarding the previous episodic event managed by the generator, including the nature of the event, whether it was a planned or unplanned event, and how the generator complied with the conditions.

PUBLICATION DATE: October 2, 2017
AUTHOR: Tony DeMarco, Vice President of Consulting Services