Introduction. This newsletter provides guidance for Large Quantity Generators (LQGs) to ensure compliance with hazardous waste tank assessment requirements outlined in the California Code of Regulations, Title 22 (22 CCR §§ 66265.190–200). This law, made effective in 1991, is being diligently enforced by local regulatory agencies.

What is an LQG?

An LQG is a facility that generates more than 2200 pounds per month (270 gallons of hazardous waste) in any given month of a calendar year Wastes such as used motor oil, used coolant, used parts washer waste, used paint waste, used oil filters (that are classified as hazardous waste) exceeding in aggregate the 2200 lb/month threshold make a generator subject to this requirement. 

Does the hazardous waste tank assessment requirement apply to my facility?

Yes, if your facility:

• Generates more than 2,200 pounds or 270 gallons of hazardous waste in any month (LQG status), AND
• Accumulates hazardous waste in stationary tanks.

What is a Hazardous Waste Tank Assessment?

A hazardous waste tank assessment is a required written document that evaluates the design and condition of hazardous waste tank systems to ensure compliance with 22 CCR § 66265.

Key assessment requirements include:

• A written hazardous waste tank assessment, a required document that evaluates the design and condition of hazardous waste tank systems, to ensure compliance with 22 CCR § 66265.
• Reviewed and certified by a California-licensed Professional Engineer (PE) before a tank is placed into service. For tanks already in service, the assessment must be completed immediately and renewed every five years.
• Secondary containment must be provided for all hazardous waste tanks.
• Tanks and associated equipment must be inspected daily by shop staff and documentation maintained for three years.
• Spill prevention and overfill controls must be in place, including high-level shutoff devices, check valves, and audible or automatic shutoff alarms.
• The assessment must be readily available for review during periodic regulatory inspections.

What does this mean for you?

If your facility is not in full compliance with hazardous waste tank requirements, corrective action must be taken. Noncompliance will likely result in enforcement actions, including potential penalties. We strongly encourage all LQG facilities to review their current tank systems and documentation, verify that a compliant tank assessment is on file, and ensure that inspection logs and safety controls are in place and up to date.

Notes:

1. Competent Registered Professional Engineer (PE). The facility must ensure that the report is being done by a competent PE registered in the State of California. Due diligence requires the facility to obtain a written contract and proper errors and omission insurance from the company being retained to complete the report.
2. Keep Safe and Accessible. The report is generally good for 5 years, unless tank systems are modified or replaced, so it should be kept at a secure location. Clients of Celly Services can save a digital copy on their dealership portal for online access as well.
3. Daily Inspection Log. Inspection logs for three years should be available for review by the local inspector. Logs are generally kept in the oil room where they can get soaked by oil, are damaged or totally go missing. The remedy lies in storing the current log and previous years’ logs at a secure location. Clients of Celly Services have a QR code available on their CSI online portal which can be used to digitally record and maintain daily inspections. Daily inspections means the day for which the shop is open for business.
4. Exemptions. Some local regulatory agencies upon review may grant exemption to facilities from the requirements of a Hazardous Waste Tank Assessment by a Professional Engineer. If an exemption is granted by the local agency, and accepted by the regulatory agency enforcing the statute, the responsibility to run a sound tank system still lies with the tank system operator. The exemption document must be kept in files, accessible to an inspector, and updated as per the exemption.

Please leave your comments via email to sam@cellyservices.com.

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DISCLAIMER: The contents of this newsletter are for informational purposes only and are not to be considered as legal advice. Employers must consult their lawyer for legal matters and accountants for tax and fee related matters. The article was authored by Sam Celly of Celly Services, Inc. who has been helping automobile dealers across the United States comply with EPA and OSHA regulations since 1987. Sam is a Certified Safety Professional (No. 16515) certified by the National Board of Certified Safety Professionals. Sam received his BE (1984) and MS (1986) in Chemical Engineering, followed by a J.D. from Southwestern University School of Law (1997). Sam is a member of the American Chemical Society (No. 31176063), American Industrial Hygiene Association (No. 124715), and National Association of Dealer Counsel (NADC). Sam also serves on the Board of Orange County American Industrial Hygiene Association and on CA Industrial Hygiene Council (CIHC). Our newsletters can be accessed at www.epaoshablog.com. Your comments/questions are always welcome. Please send them to sam@cellyservices.com.