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COMPLIANCE SECTION
OEPA Provides Guidance On
“Generator Knowledge”
The Division of Hazardous Waste Management (DHWM) of the Ohio Environmental Protection Agency (OEPA) has developed a draft policy regarding “generator knowledge” as referenced in the Ohio Administrative Code (OAC) Rule 3745-52-11. The draft policy, which was issued in October 1999, addresses the types of information and sources of documentation a generator should consider and document when relying on generator knowledge in determining if a waste is hazardous.
BACKGROUND
The generator of a waste is required by OAC Rule 3745-52-11 to evaluate that waste to determine whether or not it is hazardous waste. (Hazardous wastes are defined in OAC Rule 3745-51-03.) If the waste is neither exempted (as per OAC Rule 3745-51-04) or a listed waste (as per OAC Rule 3745-51-21), then the generator must determine if the waste is characteristically hazardous (as per OAC Rule 3745-51-21 through 3745-51-24). This can be done through testing or through the application of generator knowledge, which evaluates “the hazardous characteristic(s) of the waste in light of the materials or processes used.”
The draft policy identifies possible sources of information that a generator needs to evaluate, maintain, and produce if the genera-tor chooses to use generator knowledge to determine if a waste is a hazardous waste. The draft policy offers the following types and sources of information, which can be used for this purpose. While additional information sources may be used, these repre-sent the “more common and readily available types of information” according to the draft policy:
- Facility specific process flow diagram of the process generating the waste (should be used in all cases);
- Chemical makeup of all ingredients or materials used in the process that generates the waste (should be used in all cases);
- List of constituents that the generator knows or has reason to believe are byproducts or side reactions to the process that produces the waste;
- Material Safety Data Sheets (MSDS) and/or product labels of substances used in the process that generates the waste;
- Data obtained from properly performed representative sampling and laboratory analysis of wastes generated from the same process using the same ingredients/materials;
- Data obtained from literature regarding waste produced from a similar process using the same ingredients and/or materials; and/or
- Documentation of product specifications of input materials and output products.”
Regardless of the type or amount of information used to document generator knowledge, these records should be kept for at least three years from the date that the waste was last sent for on-site or off-site treatment. This documentation must be easily accessible and must be produced for review by OEPA in the event of an inspection.
SUMMARY
Documentation of “generator knowledge” is necessary if it is to be used as a means to determine that a waste is not hazard-
ous. OEPA has provided draft guidance regarding types of resources and information that can be used for this purpose. If
you require assistance in waste characterization, or have questions regarding this draft guidance, contact Emily Covert or
Kara Pettinger at The Payne Firm at (513) 489-2255 or toll free at 1-800-229-1443 or via e-mail at eac@paynefirm.com and kmp@paynefirm.com.
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