This summary is designed to assist Large Quantity Generators (LQGs) of HW in achieving and maintaining compliance with the Virginia Hazardous Waste Management Regulations (VHWMR). The information in this section applies to a generator who generates the following in any calendar month; greater than or equal to 1,000 kilograms (220 lbs) of non-acute hazardous waste; or greater than 1 kilogram (2.2 lbs) of acute listed hazardous waste; or greater than 1 kilograms (220 lbs) of any residue or contaminated soil, waste, or debris resulting from the cleanup of a spill, into or on any land or water, of any acute listed hazardous waste.

Identify: LQGs must determine if they have generated hazardous waste in accordance with the definition of solid waste, definition of hazardous waste and hazardous waste determination requirements . Generators may use appropriate knowledge of their waste to make a solid and hazardous waste determination, or have it tested if uncertain.

Count: This section describes the process to count regulated acute and non-acute hazardous wastes towards a generator’s category for each calendar month. This regulation identifies those wastes that must be counted or not counted towards a LQG’s regulatory category for the month, and clarifies for LQGs the implications of mixing a solid waste with a hazardous waste resulting in the generation of a new hazardous waste.

Hazardous waste can only be accumulated on site in containers, tanks, drip pads or containment buildings without a hazardous waste management permit, and generators must comply with all applicable LQG regulatory requirements.

Container Requirements: LQG container requirements may be found here in the regulations.

Container Condition Requirements: Containers must be compatible with the waste stored in them, inspected at least weekly to assess condition of containers, and containers must be closed during accumulation, except when it is necessary to add or remove waste.

Tank Requirements: Tank requirements for generators may be found at here. LQGs must comply with the applicable tank requirements of Subpart J, except closure and post-closure plans and Waste Analysis and Trial Burn plans.

Labeling Requirements: LQGs are required to meet these labeling requirements: Mark containers and tanks with the words "Hazardous Waste", indicate the hazards of the contents of the containers and tanks using any of several established methods, and identify on containers all applicable EPA hazardous waste codes for characteristic and listed waste no later than just prior to shipping the waste off-site for subsequent management. Containers also must be labeled with the date accumulation begins (see Accumulation Area Requirements).

Accumulation Area Requirements: Hazardous wastes may be accumulated in containers at the central accumulation area (CAA) for 90 days or less without a permit. Incompatible wastes must not be mixed together in the same container. LQGs may also accumulate hazardous wastes under satellite accumulation conditions. Containers that are filled while in a CAA must be marked with the date that waste first enters the container. Containers that are used in satellite accumulation areas (SAAs) must be dated when they become full and moved to the CAA within three calendar days.

Accumulating Hazardous Waste by LQGs - Drip Pads and Containment Buildings: 

The regulations address the accumulation of hazardous wastes by LQGs on drip pads and in containment buildings, respectively. LQGs must remove all wastes from the drip pad at least once every 90 days and must send their hazardous waste off-site within 90 days of removing it from the drip pad. Drip pads are a part of wood preserving facilities regulated under these drip pad technical requirements. The technical requirements for containment buildings are described in the regulations. LQGs accumulating hazardous wastes in a containment building will have only 90 days before having to send the waste off-site to a RCRA permitted TSDF.

Air Emissions Requirements: LQGs must comply with any applicable air emission requirements for: process vents; equipment leaks; and tanks, surface impoundments, and containers. 

Regulations regarding preparedness, prevention and emergency procedures for LQGs are addressed here, which references requirements for emergency planning and preparedness.

 Personnel Training Requirements: A LQG must provide initial and annual HW training to staff.

 Maintenance and Operation of Facility Requirements: A LQG must maintain and operate the facility to minimize the possibility of fire, explosion or any unplanned event.

 Required Equipment Requirements: All applicable areas must have the necessary equipment to respond and communicate effectively both internally and externally in case of an event.

 Testing of Equipment Requirements:  A LQG must test and maintain all communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, as necessary to assure its proper operation in time of emergency.

 Access to Communications or Alarm System Requirements: LQG requirements exist for access to communications or alarm systems to notify staff of an event.. Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access (e.g., direct or unimpeded access) to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required. In the event there is just one employee on the premises while the facility is operating, the employee must have immediate access (e.g., direct or unimpeded access) to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless such a device is not required.

 Required Aisle Space requirements:  LQGs must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes.

 Arrangements with Local Authorities Requirements:  LQGs are required to coordinate with local authorities such as fire and rescue departments and maintain records documenting the arrangements. These arrangements include the layout of the facility, the properties of the hazardous waste handled at the facility and associated hazards, places where personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes as well as the types of injuries or illnesses which could result from fires, explosions, or releases at the facility.

The contingency plan for the facility must contain the required contingency plan elements and is designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water.

Copies of Contingency Plan Requirements: A copy of the contingency plan and all revisions to the plan must be maintained at the facility and a copy and any revisions submitted to all local emergency responders.

 Quick Reference Guide Requirements: LQGs that first becomes subject to these provisions after April 8, 2018 or a LQG that is otherwise amending its contingency plan must at that time submit a quick reference guide of the contingency plan to the local emergency responders. Generators must update, if necessary, their quick reference guides, whenever the contingency plan is amended and submit these documents to the local emergency responders or, as appropriate, the Local Emergency Planning Committee.

 Elements of the quick reference guide: The types/names of hazardous wastes in layman's terms and the hazard associated with each hazardous waste present at any one time (e.g., toxic paint wastes, spent ignitable solvent, corrosive acid); and the estimated maximum amount of each hazardous waste that may be present at any one time; and the identification of any hazardous wastes where exposure would require unique or special treatment by medical or hospital staff; and a map of the facility showing where hazardous wastes are generated, accumulated and treated, and routes for accessing these wastes; and a street map of the facility in relation to surrounding businesses, schools and residential areas to understand how best to get to the facility and also evacuate citizens and workers; and the locations of water supply (e.g., fire hydrant and its flow rate); and the identification of on-site notification systems (e.g., a fire alarm that rings off site, smoke alarms); and the name of the emergency coordinator(s) and 7-day/24-hour emergency telephone number(s) or, in the case of a facility where an emergency coordinator is continuously on duty, the emergency telephone number for the emergency coordinator.

Amendment of Contingency Plan Requirements: The contingency plan must be reviewed, and immediately amended whenever: applicable regulations are revised; or the plan fails in an emergency; or the generator facility changes in its design, construction, operation, maintenance, or other circumstances in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency; or the list of emergency coordinators changes; or the list of emergency equipment changes

LQGs must meet the closure requirements for LQGs prior to closing a unit or facility: place a notice in the operating record within 30 days after closure identifying the unit location within facility; or meet the closure performance standards for container, tank, and containment building waste accumulation units or for drip pads and notify DEQ.

 Closure Notification Requirements: Notifying regarding closure of the facility requires submitting an EPA Form 8700-12 no later than 30 days prior to closing the facility. The facility should notify using the 8700-12 form within 90 days after closing the facility that it has complied with the closure performance standards.

 Closure Performance Standards: The closure performance standards must be met at the time of overall facility closure. LQGs have the option of meeting the closure performance standards at the time of closing a waste accumulation unit, or wait until they close their facility. LQGs accumulating hazardous wastes in containers must close the accumulation area as a landfill if the closure performance standards cannot be met, i.e. the unit cannot be clean closed.

The information in this section applies to hazardous waste generators, organizations with multiple facilities, such as in the retail sector, academic and industrial laboratories, and military installations. These type of facilities may have the ability to consolidate hazardous wastes generated from their own VSQG sites at a LQG site under the control of the same organization (or person) for more efficient hazardous waste management and transportation. The regulatory requirements associated with Very Small Quantity Generators (VSQGs)  that wish to consolidate their hazardous wastes under the control of the same person as defined and the Large Quantity Generators (LQG) that receive these wastes can be found here for VSQG and here for LQG. 

 Definitions

Person:  A "person" for the purposes of this regulation is an individual, trust, firm, joint stock company, Federal Agency, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body.

Control: For the purposes of this section of the regulations, "control" means the power to direct policies at the facility.

VSQG Requirements

Labeling: VSQGs wishing to take advantage of this provision must mark and label their hazardous waste containers with the words "Hazardous Waste" and the hazards of the contents associated with that waste.

Recordkeeping: No hazardous waste manifest is required when the VSQG ships hazardous waste to the LQG, and hazardous waste transporters do not have to be used by the VSQG to ship its waste to the receiving LQG.

LQG Requirements

The LQG receiving facility must do the following:

Labeling: Label the container or unit with the date accumulation starts (i.e., the date the hazardous waste was received from the VSQG). If the LQG is consolidating incoming hazardous waste from a VSQG with either its own hazardous waste or with hazardous waste from other VSQGs, the LQG must label each container or unit with the earliest date any hazardous waste in the container was accumulated on site at the LQG location.

Recordkeeping: Manage consolidated waste as LQG hazardous waste including ensuring final treatment or disposal is at a RCRA designated facility (TSDF or recycler), and maintain records for each received shipment for three (3) years. These records must include the name, site address, and contact information for the VSQG, as well as a description of the hazardous waste received including the quantity and the date the waste was received.

Reporting: Notify DEQ using the EPA Form (8700-12) that the LQG is participating in the consolidation program and identify which VSQGs are participating. The information regarding the types and quantities of hazardous wastes it has received from participating VSQGs must be included in the LQG's Biennial Report.

Note: There will be a different source code for the VSQG consolidated waste to distinguish from the LQGs own generated waste.

Additional Information about the Consolidation Provision

Accumulation: The 90-day waste accumulation clock starts for VSQG consolidated waste when the VSQG waste arrives at the LQG facility.

Accumulation Limits for LQG form VSQGs: There is no accumulation limit for how much waste can be consolidated at an LQG from VSQGs, but the waste must be sent off-site to a RCRA TSDF or recycler within 90 days, and the LQG must be able to maintain adequate aisle at all times.

Quantity Limits: There are no quantity limitations for shipments from the VSQG, but the VSQG must stay within its own accumulation and generation limits. Locations of VSQGs and LQG: The VSQG and the LQG can be in different states if both states have adopted the consolidation provision. If the hazardous waste is transported through states that have not adopted the consolidation provision, the generator should check with the in-transit state to see if there are additional requirements that might apply while in transit.

Recordkeeping Requirements: LQGs are required to maintain records, including manifest copies, test or analysis results, inspection logs, reports, Department letters, contract recycling agreements, etc. All records and manifests must be kept on file for a minimum of three years