Episodic Events: Part 2
What Happens When A Hazardous Waste Generator is Going to Have a Second Event in A Single Calendar Year?
As noted in our Episodic Events fact sheet Hazardous Waste Management | Episodic Events: A New Option for SQGs and VSQGs in Nevada, the State of Nevada adopted the Alternative Standards for Episodic Generation provisions at 40 CFR Part 262 Subpart L in August 2020. This allows relief for very small quantity generators (VSQG) and small quantity generators (SQG) who have an event that does not normally occur, and which causes increases to the generator’s hazardous waste in excess of the generator’s usual category. By using the provisions in Subpart L, the generator can remain at their current generator status during the 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.
One event, planned or unplanned, is allowed per calendar year provided certain conditions are met, including providing NDEP will 30 days advance notice for a planned event using US EPA Form 8700-12 and notification within 72 hours of an unplanned event, followed by submission of the US EPA Form 8700-12. A planned event could be something like regular annual maintenance and tank cleanouts, short-term demolition projects, or disposal of expired chemical inventory. An unplanned event could be related to an accidental spill, unanticipated product recall, or damage caused by “acts of nature”.
Can a generator have more than one episodic event without impacting its generator category?
If a generator has an accidental spill prior to, or after, a planned annual cleanout additional provisions were included in the Alternative Standards to allow for a second episodic event in a calendar year. A second event may not be the same as the first event in a calendar year – so if the first event was planned, the second event must be unplanned, or vice versa.
Petitioning NDEP: requirements to manage a second episodic event per calendar year
For regulatory relief for a second episodic event, a hazardous waste generator is required to petition the Nevada Division of Environmental Protection (NDEP) for approval. If a VSQG or SQG has already held a planned episodic event in a calendar year, the generator may petition NDEP for an additional unplanned episodic event in the same calendar year within 72 hours of the unplanned event. Likewise, if a VSQG or SQG has already held an unplanned episodic event in a calendar year, the generator may petition NDEP for an additional planned episodic event in the same calendar year. No more than two episodic events are allowed in a calendar year.
What form should be used?
Petitions must be filed with the US EPA Form 8700-12, including the ADDENDUM TO THE SITE IDENTIFICATION FORM: EPISODIC GENERATOR.
Is there a fee to file the petition?
There is no fee to file the petition.
What information should be included?
The petition must include the following:
- The reason(s) why an additional episodic event is needed and the nature of the episodic event
- The estimated amount of hazardous waste to be managed from the event
- How the hazardous waste is to be managed
- The estimated length of time needed to complete management of the hazardous waste generated from the episodic event—not to exceed sixty (60) days
- 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.
How should the petition be submitted?
The petition must be submitted to NDEP either online in RCRAInfo or by paper copy (if submitting paper copy, it is recommended that petitions be sent by certified mail and all receipts be retained). Petitions must be filed with the US EPA Form 8700-12, including the ADDENDUM TO THE SITE IDENTIFICATION FORM: EPISODIC GENERATOR.
Send petitions to:
Nevada Division of Environmental Protection
Bureau of Sustainable Materials Management
Attn: Notification Program
901 South Stewart Street, Suite 4001
Carson City, Nevada 89701-5249
What is required if the petition is approved?
The generator may move ahead under the Alternative Standards for Episodic Generation provisions and must follow all waste container or tank labelling requirements, on-site waste management, and hazardous waste manifesting requirements as specified in our fact sheet Hazardous Waste Management | Episodic Events: A New Option for SQGs and VSQGs in Nevada.
The generator must retain written approval in its records for three (3) years from the date the episodic event ended.
What if the petition is not approved?
The increased waste generation will change the generator’s status to a higher category such as SQG or Large Quantity Generator (LQG). The generator must determine their new generator category and follow all requirements for the higher generator category, including all on-site waste management, time limits, employee training, and contingency planning requirements.