Conditionally Exempt Small Quantity Generators (CESQGs) Final Rule - July 1, 1996
Standards Issued for Non-municipal Solid Waste Units that Receive CESQG Hazardous Waste
To fulfill its statutory mandate, the Environmental Protection Agency (EPA) is issuing regulations for nonmunicipal, non hazardous waste disposal units that may receive hazardous waste from conditionally exempt small quantity generators (CESQG). Because these facilities pose comparatively small risks, EPA is imposing requirements that are adequately protective of human health and the environment, but less costly.
Section 4010(c) of the Resource Conservation and Recovery Act (RCRA) requires EPA to revise the existing Part 257 standards for nonhazardous waste disposal facilities that may receive CESQG or household hazardous waste. EPA has ssued Criteria (Part 258) that apply to municipal solid waste landfills (MSWLFs) that receive household hazardous waste and CESQG waste. These Part 258 Criteria do not apply to nonmunicipal, nonhazardous waste disposal units that do not receive household hazardous waste.
EPA elected to regulate municipal solid waste landfills first because they present higher environmental risks than nonmunicipal, nonhazardous waste disposal units that receive CESQG waste. Although nonmunicipal, nonhazardous units pose comparatively small risks, the Agency is taking regulatory action to satisfy the statutory mandate of RCRA Section 4010(c).
EPA is issuing regulations that require any existing nonmunicipal, nonhazardous waste disposal unit that receives CESQG waste to comply with new technical standards. Units that receive CESQG hazardous waste will be subject to location restrictions, ground-water monitoring requirements, and corrective action standards under Section 257.5-257.30. This rule will continue to allow disposal of CESQG hazardous waste in MSWLFs when such landfills meet Part 258 Criteria. Reuse or recycling facilities also continue to be an acceptable option for managing CESQG hazardous waste.
Generally, three types of facilities that may receive CESQG waste may be affected by this rule:
- Off-site commercial industrial units, which generally are stringently designed and monitored; so it is likely that they already meet these requirements.
- Industrial units that may be co-disposing of CESQG waste with industrial, nonhazardous waste on-site, which are apt to discontinue this practice due to the potential cost. These facilities are likely to send their CESQG waste to an appropriate off-site unit.
- Construction and demolition waste units that receive CESQG hazardous waste are the class of units most affected by this rule. These facilities will have to comply with the new technical standards in Sections 257.5-257.30, if they receive any CESQG wastes.
This regulation uses the Municipal Solid Waste Landfill Criteria (Part 258) as a baseline for the technical standards. The Criteria are standards which provide adequate environmental protection, and which can be applied at nonmunicipal, nonhazardous waste disposal units that receive CESQG waste. They incorporate substantial flexibility for EPA-approved states to allow owners/operators to meet the performance standards on a site-specific basis.
FR Notice and Supporting Documents
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- Federal Register Notice (PDF) (27 pp, 234 K) - 40 CFR Part 257 - July 1, 1996 (Volume 61, Number 127)
- Conditionally Exempt Small Quantity Generator Rule Fact Sheet
- Conditionally Exempt Small Quantity Generator Rule || CESQG Rule (PDF) (28 pp, 230K)
- Report on Conditionally Exempt Small Qty Generator Waste Generation and Management of CESQG Waste (54 pp, 438K)
- Report on Construction and Demolition Waste Landfills (PDF) (39 pp, 277K)
- List of Industrial & Construction & Demolition Waste Landfills (PDF) (188 pp, 540K)
- Environmental Damages Cases from Construction and Demolition Waste Landfills (PDF) (44 pp, 244K)
- Background Document for the Conditionally Exempt Small Quantity Generator (CESQG) Rule (PDF) (120 pp, 351K) || Text
- Cost and Economic Impact Analysis of the CESQG Rulemaking (PDF) (51 pp, 142K) || Text
- Response to Public Comments on CESQG Proposal - Introduction