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Episodic Events for Hazardous Waste Generators



A facility may incur an episodic event — planned or unplanned — wherein an increase in the generation of hazardous wastes exceeds the calendar month quantity limits for the generator’s usual category. Under the regulations, Very Small Quantity Generators and Small Quantity Generators are allowed episodic events.

To prevent having to re-notify in a larger generator category, the facility must follow the alternative standards for episodic generation as required in Delaware’s Regulations Governing Hazardous Waste (7 DE Admin. Code 1302).

The requirements for episodic generators are found in Part 262 of the regulations.

Two Types of Episodic Events

Planned episodic events are episodic events that the generator planned and prepared for, including but not limited to regular maintenance, tank cleanouts, short-term projects and removal of excess chemical inventory. (§262.231)

Unplanned episodic events are episodic events that the generator did not plan or reasonably did not expect to occur, including but not limited to production process upsets, product recalls, accidental spills or “acts of nature” such as tornado, hurricane or flood. (§262.231)

Episodic events, regardless of type, may not exceed 60 days. The 60-day accumulation limit begins when waste if first generated and ends when the waste is shipped off-site for final management. If the episodically generated waste is not shipped off within 60 days, the waste must be counted towards the site’s monthly generator status.

Disclaimer: The information below is intended to serve as a guide to responsible waste management and does not supersede Delaware’s Regulations Governing Hazardous Waste (7 DE Admin. Code 1302).

Staying in Compliance

To ensure compliance with the regulations and maintain generator category, there are requirements for Very Small Quantity Generators (§262.232(a)) and for Small Quantity Generators (§262.233(b)).

Very Small Quantity Generators may incur one episodic event per year. Generators may petition the Compliance and Permitting Section for an additional episodic event in a calendar year.

The generator must notify DNREC of the episodic event.

For a Planned Episodic Event, the generator must notify DNREC via EPA form 8700-12 no later than 30 calendar days prior to the event.

For an Unplanned Episodic Event, the generator must notify DNREC via phone, email or fax within 72 hours and subsequently submit form 8700-12 within seven calendar days of the event.

Notification should include the start and end date of the episodic event, the reason(s) for the event, the types and expected quantities of hazardous waste generated during the event, and the identification of a facility contact or emergency coordinator with 24-hour telephone access to discuss the notification submittal or respond to an emergency in compliance with §262.16(b)(9)(i).

The generator must have an EPA identification number.

The generator must accumulate waste generated during the episodic event in containers that properly labeled as “Episodic Hazardous waste,” indicating the hazards of the contents and giving the date the episodic event began.

The generator must comply with hazardous waste manifest provisions. (§§262.20 – 262.27)

The generator must manifest and ship hazardous waste generated during the episodic event within 60 calendar days from the start of the episodic event.

The generator must maintain records for three years following the end date of the episodic event.

Small Quantity Generators may incur one episodic event per year. Generators may petition the Compliance and Permitting Section for an additional episodic event in a calendar year.

The generator must notify DNREC of the episodic event.

For a Planned Episodic Event, the generator must notify DNREC via EPA form 8700-12 no later than 30 calendar days prior to the event.

For an Unplanned Episodic Event, the generator must notify DNREC via phone, email or fax within 72 hours and subsequently submit form 8700-12 within seven calendar days of the event.

Notification should include the start and end date of the episodic event, the reason(s) for the event, the types and expected quantities of hazardous waste generated during the event, and the identification of a facility contact or emergency coordinator with 24-hour telephone access to discuss the notification submittal or respond to an emergency in compliance with §262.16(b)(9)(i).

The generator must have an EPA identification number.

The generator must accumulate waste generated during the episodic event in containers that properly labeled as “Episodic Hazardous waste,” indicating the hazards of the contents and giving the date the episodic event began.

A Small Quantity Generator can also accumulate the waste in tanks that meet the standards of §262.16(b)(3) and are labeled “Episodic Hazardous Waste,” have the hazards of the contents indicated and have use-inventory logs, monitoring equipment or other logs that have the date upon which each period of accumulation begins and ends.

The generator must comply with hazardous waste manifest provisions. (§§262.20 – 262.27)

The generator must treat hazardous waste generated during the episodic event on site or manifest and ship the waste within 60 calendar days from the start of the episodic event.

The generator must maintain records for three years following the end date of the episodic event.

Petitioning for an Additional Episodic Event

A generator who has one episodic event in a calendar year may petition DNREC for a second episodic event under two conditions.

If the generator already held a planned episodic event in a calendar year, then the generator may petition for an additional unplanned episodic event within 72 hours of the unplanned event.

If the generator already held an unplanned episodic event in a calendar year, then the generator may petition for an additional planned episodic event in that calendar year.

 




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