Question of the Week | RCRA News, Rules, & Interpretations | State Hazardous Waste News
Hazardous Waste News
Volume 8, Issue 51
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In light of the holiday season we have sent this edition of the newsletter early. Thank you, Lion NewsInfo Links Team Question of the Week“No-Smoking” Signs — Large and Small Quantity Generator Requirements Q. We have two facilities. One is a large quantity generator and one is a small quantity generator. Both facilities generate ignitable and reactive wastes. We know that there is a requirement in the hazardous waste rules to post “no-smoking” signs. Are there different standards for each site? What if the site is already a non-smoking facility?
A. According to the rules at 40 CFR 265.17(a), “The owner or operator must take precautions to prevent accidental ignition or reaction of ignitable or reactive waste. This waste must be separated and protected from sources of ignition or reaction including but not limited to: open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (e.g., from heat-producing chemical reactions), and radiant heat. While ignitable or reactive waste is being handled, the owner or operator must confine smoking and open flame to specially designated locations. “No Smoking” signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste.” (Emphasis added.) 40 CFR 265.17(a) is incorporated by reference into §265.176, which states “containers holding ignitable or reactive waste must be located at least 15 meters (50 feet) from the facility's property line. [Comment: See 262.17(a) for additional requirements.]” Therefore, if you are required to meet §265.176, you are also required to meet §265.17(a). Large Quantity Generators are required by 262.34(a)(1)(i) to comply “with the applicable requirements of Subparts I, AA, BB and CC of 40 CFR Part 265.” 265.176 (and by reference 265.17(a)) are part of 265 Subpart I. Therefore, you must post “No Smoking” signs conspicuously near any ignitable or reactive waste in your 90-day storage areas at that facility. Small Quantity Generators are required to comply "with the requirements of Subpart I of Part 265 … except for §265.176 and §265.178." Since Small Quantity Generators are not required to follow §265.176, they are also not required to follow §265.17(a). You do not need to post conspicuous “no smoking” signs near your ignitable or reactive waste in your 180-storage areas at that facility. The rules do not provide an exclusion from the posting of “No Smoking” sign for sites with a facility-wide smoking ban. The EPA has not addressed this in any formal interpretations either. So, unless your authorized state provides an exception, you are in the most defensible position if you go ahead and post “No Smoking” signs. Because state programs can be more stringent, some states may require even Small Quantity Generators to have those “No Smoking” signs. Check your state regulations to be sure. Remember that OSHA, as well as local health and fire regulations, may require additional safety notices.
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RCRA News, Rules, & Interpretations
12/12/2007—U.S. EPA Fines Nevada Developer $43,000 Over Injection Well Violations 12/12/2007—National Emission Standards for Hazardous Air Pollutants (NESHAP): Polymers and Resins, Generic Maximum Achievable Control Technology Standards 12/10/2007—EPA Semiannual Regulatory Agenda
12/07/2007—Standards of Performance for Petroleum Refineries
12/06/2007—EPA Orders Lamb Creek Wetlands to be Restored 12/05/2007—U.S. EPA Settles With Arizona Mine for $28,950 for Toxic Chemical Reporting Violations 11/29/2007—Neglected Oil Spill Nets Pocatello Quarry Owner a $9,250 EPA Penalty The U.S. Environmental Protection Agency has issued a compliance order to PSC Industrial Outsourcing, Inc. of Houston, Texas, for violating the federal Resource Conservation and Recovery Act. The order also requires PSC Industrial Outsourcing, Inc. to fund a $100,000 Small Scale Chemistry environmental project in Lake Charles, Louisiana.
For Lion Members and Recent Course Attendees: Visit the Lion Online Library to view the most recent RCRA rules and interpretive letters.
State Hazardous Waste NewsCaliforniaThe California Department of Toxic Substances Control has not issued any recent hazardous waste news. New York12/7/2007—DEC Announces Annual Environmental Excellence Awards DEC named six award winners for the 2007 Environmental Excellence Awards, with the winning projects coming from industry, local governments and an environmental advocacy group. Texas12/05/2007—TCEQ Approves Fines Totaling $563,554 For hazardous waste news from your state, visit Lion's State Links page. |
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