Episodic Events

A New Option for SQGs and VSQGs in Nevada

 What happens when a very small quantity generator (VSQG) or small quantity generator (SQG) goes over the limit for their generator status and generates more hazardous waste for just a month due to something like a planned clean-out or cleaning up an accidental spill? Does the business move up in generator status and need to follow all the rules that apply to the higher generator category? 

 The State of Nevada answered that question in August 2020 when the Nevada Division of Environmental Protection (NDEP) updated its hazardous waste program to include many provisions of the US Environmental Protection Agency’s 2016 Hazardous Waste Generator Improvements Rule, including the relief provisions for episodic hazardous waste generation events. The new Alternative Standards for Episodic Generation provisions allow VSQGs and SQGs to remain at their current generator category and avoid the burden of added regulations required when generation from a one-time event moves the facility into a new generator status – provided certain conditions are met. The rules or conditions for using the episodic event relief provisions for planned and unplanned events are found in Subpart L – Alternative Standards for Episodic Generation. (40 CFR 262 Subpart L). 

What is an episodic event?

 According to US EPA, an episodic event is “an activity that does not normally occur during a generator’s operations and that causes the generator to exceed the threshold for its normal generator category for that month.” See 40 CFR § 262.231. 

An episodic event can be planned or unplanned. A clean out of a large amount of old or expired chemicals that will not be used is an example of a planned event. An unplanned event might be a spill of hazardous materials that requires clean up and disposal of hazardous waste above a generator’s monthly status. 

 Episodic event relief is allowed only once per calendar year unless a facility petitions NDEP for relief a second time. It is important to note, however, the second event cannot be of the same type as the first. For example, if the first event was a planned clean-out, the second event must be unplanned. 

What steps are needed to take advantage of episodic event relief?

 To take advantage of the episodic event provisions, a generator must have a US EPA Identification Number and must notify NDEP using the US EPA Form 8700-12 with a completed “ADDENDUM TO THE SITE IDENTIFICATION FORM: EPISODIC GENERATOR” at least 30 calendar days prior to a planned event or within 72 hours of an unplanned event. For unplanned events, initial notification within 72 hours can be via phone, email, or fax with subsequent notification by submitting the US EPA Form 8700-12. 

If a VSQG does not already have an EPA ID Number then the facility will need to submit the US EPA Form 8700-12 to NDEP to obtain an EPA ID Number when submitting notification for an episodic event. The US EPA Form 8700-12 can be submitted online through RCRAInfo or by paper copy. If mailing a paper copy of the notification, it is recommended that the generator use certified mail and keep all receipts. 

The notification must include:

• Start date and end date of the episodic event
• The reason(s) for the event
• Types and estimated quantities of hazardous waste expected to be generated
• Identification of a facility contact and emergency coordinator.

For unplanned event notifications:

There is no fee required to submit the notification form. If a notification fails for any reason, NDEP will alert the generator during the 30 day waiting period that the notification is being denied. 

What happens after notification?

Once you have provided timely notification of a planned or unplanned event, any hazardous waste generated by the event is not counted towards the monthly generation amounts used for determining generator status.

Labeling of wastes

For hazardous wastes generated by the episodic event, generators must use containers or tanks. Containers must be marked or labeled with the words “Episodic Hazardous Waste”; the date on which the episodic event began; and an indication of the hazards of the contents using: wording to describe the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); a DOT label or placard; an OSHA hazard statement or pictogram; or an NFPA chemical hazard label). 

If using a tank, it must be marked or labeled with the words “Episodic Hazardous Waste” and an indication of the hazards of the contents using: wording to describe the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); a DOT label or placard; an OSHA hazard statement or pictogram; or an NFPA chemical hazard label). Inventory logs, monitoring equipment or other records must be used to identify the date on which the accumulation start date (for VSQGs, the date the episodic event began). Tanks must be inspected once each operating day and the hazardous waste must be managed to minimize the possibility of a fire, explosion, or release. 

The VSQG or SQG must manifest and send the hazardous waste generated from the episodic event to a designated facility within 60 calendar days from the start of the episodic event, or an SQG must treat hazardous waste generated during an episodic event within 60 days. Multiple projects generating hazardous wastes can be performed (for example, a tank clean-out and removing expired chemical products), but all activities must be completed within the 60 day start and end dates included on the notification.

The VSQG or SQG must manifest and send the hazardous waste generated from the episodic event to a designated facility within 60 calendar days from the start of the episodic event, or an SQG must treat hazardous waste generated during an episodic event within 60 days. Multiple projects generating hazardous wastes can be performed (for example, a tank clean-out and removing expired chemical products), but all activities must be completed within the 60 day start and end dates included on the notification. 

Recordkeeping

Records must be retained for a minimum of three years from the end date of the episodic event and must include:

• beginning and end dates of the episodic event
• a description of the episodic event
• a description of the types and quantities of hazardous wastes generated during the event
• a description of how the hazardous waste was managed as well as the name of the RCRA-designated facility that received the hazardous waste
• name(s) of hazardous waste transporters
• an approval letter from NDEP if the waste was generated through a second episodic event in a calendar year for which the generator petitioned the agency for relief.

If a VSQG or SQG elects not to take advantage of the episodic event provisions or fails to provide timely notification, then the traditional requirements would apply, i.e., the generator must follow all on-site waste management, accumulation time limits, contingency planning, and personnel training requirements for the higher generator category for the time period during which greater amounts of hazardous waste are generated. If a generator does not take advantage of the episodic event provisions, then jumping up to the large quantity generator (LQG) category in an odd numbered year will trigger the requirement to file a Biennial Report in the next even numbered year. If a generator is an LQG any month of the year, it must complete the Biennial Report for all of the hazardous waste generated in that year, not just the month(s) the generator was an LQG. 

What Happens When A Hazardous Waste Generator is Going to Have a Second Event in A Single Calendar Year? 

CLICK HERE to learn more.

Are you planning an episodic generation event or did you have an unplanned episodic generation event?

Review the checklists we compiled to help you comply with the episodic generation requirements.

• Planned Episodic Event Checklist
• Unplanned Episodic Event Checklist