Q. We are decommissioning a facility that has an anhydrous ammonia refrigeration system. We are a VSQG. We have a refrigeration contractor hauling away ‘used’ anhydrous ammonia out of our refrigeration unit, how would we classify this haul-away? If they repurposed it, would it not be considered waste? If they ‘dispose’ of it, how would we classify this waste? It has multiple hazards, would we default to D002 for flammability? And should we report this as a one time exemption over our generator status? Or would the refrigeration contractor be responsible for reporting this waste?

A. Used anhydrous ammonia would be considered a hazardous waste because of its characteristic of corrosivity. You have suggested that the quantity generated has changed your hazardous waste generator status from very small quantity generator (VSQG) to that of either hazardous waste small quantity generator (SQG) or large quantity generator (LQG) for the month(s) during which you generated this waste. As an SQG or LQG, the waste would need to be managed at your facility and transported from your facility in accordance with the EPA hazardous waste regulations. For example, you would need to complete a manifest and use a licensed hazardous waste transporter. This waste would have the hazardous waste number D002.

Reporting. Reporting to the EPA and/or your state environmental protection agency would be a factor if your generation of the anhydrous ammonia made you an LQG. Note that generators are required to file a biennial report (as an LQG) with the EPA if the facility generated any of the following amounts in a calendar month of the reporting year: 

• Greater than or equal to 1,000 kilograms (kg) (2,200 pounds (lb)) of nonacute hazardous waste; or
• Greater than 1 kg (2.2 lb) of acute hazardous waste listed in 40 CFR 261.31 or 40 CFR 261.33(e); or 
• Greater than 100 kg (220 lb) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in 40 CFR 261.31 or 40 CFR 261.33(e).

In general, only LQGs and not SQGs must prepare and submit the federal Biennial Report. Note also that many states require both LQGs and SQGs to submit annual reports in addition to the federal biennial report required of LQGs.

One time exemption. If you took advantage of the episodic generation provision in 40 CFR 262, Subpart L that allows a VSQG or SQG to generate additional quantities of hazardous waste—temporarily exceeding their normal generator category limits—and still maintain their existing generator category, you would be required to complete the Addendum for Episodic Generation to the Site ID Form (which is one of four forms that make up the Biennial Report) as well as comply with other requirements related to the episodic generation provision.