Frequent Questions About Hazardous Waste Generation

Explanation of Citations
  • Unless otherwise stated, the regulatory citations in the following frequent questions are all found in Title 40 of the Code of Federal Regulations (40 CFR).
  • Federal Register citations are shown by listing the volume number, then FR for Federal Register, then page number that the rule starts on, then the date of the Federal Register (e.g., 45 FR 72024; October 30, 1980). If there is a second page number listed, that is the page where the guidance begins.

On this page:

Generator Size Categories

  1. How is “generator” defined in the hazardous waste regulations?
  2. Which wastes are counted towards a monthly generator category determination?
  3. What is the maximum amount of hazardous waste that can be generated by a large quantity generator (LQG)?
  4. Do generators have to include the hazardous waste in satellite accumulation areas (SAAs) in the monthly quantities for determining generator category (i.e., very small quantity generator, small quantity generator or large quantity generator)?
  5. Is a generator of 75 kg of non-acute hazardous waste each month from January to December subject to the very small quantity generator (VSQG) requirements or the small quantity generator (SQG) regulations during the month of December, when it hires a transporter to ship a total of 900 kg off site for treatment and disposal?

1. How is “generator” defined in the hazardous waste regulations?

A generator is defined as any person, by site, whose act or process produces hazardous waste identified or listed in part 261 or whose act first causes a hazardous waste to become subject to regulation (40 CFR section 260.10). The generator of a waste may not necessarily be the person who actually produced the waste. For example, a contractor who removes hazardous residues from a product storage tank is the first person to cause the waste to become subject to regulation, rather than the owner of the tank. Although the person removing the waste from the unit is not the owner or operator of the unit, he or she may be considered a generator. The owner or operator of the unit may also be considered a generator since the act of operating the unit led to the generation of the hazardous waste. In other words, both the person that removed the waste and the owner or operator of the tank are considered to be co-generators. In cases where one or more persons meet the definition of generator, all persons are jointly and severally liable for compliance with the generator regulations (45 FR 72024, 72026; October 30, 1980).

For more information on this topic, refer to the following documents in the Resource Conservation and Recovery Act (RCRA) Online database:

  • Memo, Cotsworth to Melchiori, March 12, 1997 (RCRA Online #14069).
  • Memo, Shapiro to Warshaw, March 12, 1996 (RCRA Online #14027).
  • Memo, Petruska to Chirigos, August 10, 1995 (RCRA Online #11913).
  • Memo, Shapiro to Stocker, March 4, 1994 (RCRA Online # 11816).
  • Memo, Lowrance to Turner, July 21, 1988 (RCRA Online #11355).
  • Memo, Lucero and Williams to Regions; Memo, Porter to Rinaldo, August 6, 1986 (RCRA Online #12706).
  • Memo, Horner to Citizen, January 23, 1985 (RCRA Online #11053).
  • Monthly Call Center Report Question, December 1984 (RCRA Online #12340).
  • Memo, Lindsey to Ellis, May 20, 1981 (RCRA Online #11013).
  • Memo, Dietrich to Cooper, November 18, 1980 (RCRA Online #11005).

2. Which wastes are counted towards a monthly generator category determination?

Any waste that meets the definition of hazardous waste in 40 CFR part 261 and is not exempt from regulation must be counted toward your generator category. Please review the regulations at 40 CFR section 262.11 for how to make a hazardous waste determination. Be sure to include in your count wastes that are accumulated on site for any time before disposal or recycling, placed directly into an on-site treatment or disposal unit, or generated as still bottoms or sludges and removed from storage tanks. Section 262.13(c) identifies the wastes that are not included in the monthly determinations.

Additional guidance on counting wastes towards a monthly generator status determination is available in the following documents in the Resource Conservation and Recovery Act (RCRA) Online database:

  • Memo, Cotsworth to Peters, March 22, 1999 (RCRA Online #14333).
  • Memo, Shapiro to Smith, June 4, 1996 (RCRA Online #14032).
  • Memo, Petruska to McCoy, August 10, 1995 (RCRA Online #11914).
  • Monthly Call Center Report Question, June 1995 (RCRA Online #13746).
  • Memo, Shapiro to Joseph, December 23, 1993 (RCRA Online #11803).
  • Monthly Call Center Report Question, August 1989 (RCRA Online #13312).
  • Memo, Lowrance to Aikenhead, July 29, 1988 (RCRA Online #11359).
  • Memo, Williams to Hutchinson, Memo, Porter to Murkowski, September 8, 1986 (RCRA Online #12732).
  • Monthly Call Center Report Question, August 1986 (RCRA Online #12699).
  • Monthly Call Center Report Question, November 1983 (RCRA Online #12151).

3. What is the maximum amount of hazardous waste that can be generated by a large quantity generator (LQG)?

There is no maximum amount of waste that can be generated by a large quantity generator, the largest classification of generator. All the hazardous waste must be managed according to 40 CFR section 262.17. Among other standards, there are limits on the amount of time the waste may be accumulated and the type of containers used to accumulate it.

The two smaller classifications, very small quantity generator (VSQG) and small quantity generator (SQG) both have maximum amounts. VSQGs have upper limits of 100 kg of non-acute hazardous waste per month and 1 kg of acute hazardous waste per calendar month and SQGs have limits of 1,000 kg of non-acute hazardous waste and 1 kg of acute hazardous waste (refer to 40 CFR section 262.13 Table 1).

4. Do generators have to include the hazardous waste in satellite accumulation areas (SAAs) in the monthly quantities for determining generator category (i.e., very small quantity generator, small quantity generator or large quantity generator)?

Yes. Generators must include all the hazardous waste in the various SAAs in their monthly quantities for determining generator status. Sections 262.13(c) and (d) identify hazardous wastes that do not have to be counted when determining generator status. Hazardous waste stored in SAAs is not on this list; therefore, hazardous waste in SAAs must be included in the generator's monthly quantity determination.

5. Is a generator of 75 kg of non-acute hazardous waste each month from January to December subject to the very small quantity generator (VSQG) requirements or the small quantity generator (SQG) regulations during the month of December, when it hires a transporter to ship a total of 900 kg off site for treatment and disposal?

This generator is subject to the VSQG regulations during the month of December because it generated no more than 100 kg of non-acute hazardous waste in that month and accumulated no more than 1,000 kg of non-acute hazardous waste on site at any one time (40 CFR section 262.13). Generator status is based upon the amount of waste generated per calendar month.

In addition, which requirements apply can also depend on the total amount accumulated on site at any one time. The amount of waste shipped off site at any one time does not affect generator status, provided the waste is shipped off site prior to exceeding accumulation limits. If the VSQG accumulates more than a total of 1,000 kg of hazardous waste on site at any one time, then it would be subject to all provisions applicable to SQGs, including the section 262.16 accumulation standards. In addition, this individual can generate 1 kg or less of acute hazardous waste per calendar month and remain subject to the reduced VSQG regulations for the acute hazardous waste, provided that no more than 1 kg of acute hazardous waste is accumulated on site at any one time. If the amount generated or accumulated on site exceeds these thresholds, then all of the acute hazardous waste would be subject to full regulation as applicable to large quantity generators (section 262.13).

Generator Treatment and Management of Hazardous Waste

  1. How long can a generator accumulate hazardous waste on site without a permit or interim status?
  2. Can a large quantity generator (LQG) of hazardous waste who must accumulate the waste for longer than 90 days obtain an extension to the storage time limit?
  3. What are the requirements for inspecting containers of hazardous waste in central accumulation areas?
  4. Can generators treat hazardous waste without obtaining a permit?
  5. May a generator conduct thermal treatment without obtaining a permit?
  6. When must a waste be managed as hazardous waste if the generator is awaiting characterization test results?
  7. A large quantity generator (LQG) accumulates hazardous waste in both tanks and containers. The generator labeled each container with the date upon which the accumulation period began in accordance with 40 CFR section 262.17(a)(1). Must this LQG also mark the accumulation start date on tanks that are used to accumulate hazardous waste?
  8. A generator palletizes and shrink wraps expired consumer goods in their original packaging. The expired consumer goods are hazardous waste. Does the generator need to label every container 'hazardous waste' or can it put a single label on each pallet?
  9. What is the definition of “closed” for the purposes of complying with 40 CFR sections 262.16(b)(2) and 262.17(a)(1)?
  10. If a very small quantity generator (VSQG) accumulates more than 1 kg of acutely hazardous waste, that waste is regulated as a large quantity generator waste (LQG). How much acute hazardous waste may a small quantity generator (SQG) accumulate?
  11. Do small quantity generators (SQGs) accumulating hazardous waste in tanks need to comply with all of the requirements a large quantity generator (LQG) complies with, which also mirror in 40 CFR part 265 subpart J?
  12. May a very small quantity generator (VSQG) treat hazardous waste on site without a permit?
  13. 12. May a very small quantity generator (VSQG) treat hazardous waste on site without a permit?
  14. Can small quantity generators (SQGs) store hazardous waste longer than 180 days if they are sending it to a designated facility located far away?
  15. Should a small quantity generator (SQG) performing on-site treatment of hazardous waste in a tank comply with the section 262.16(b)(3) standards or is the SQG subject to all of part 265 subpart J?
  16. Can a generator accept hazardous waste from one of the corporation's other facilities before shipping all of the waste to a permitted treatment, storage and disposal facility (TSDF)?
  17. Is there a document or suggested guidelines for generators to assess treatment, storage and disposal facilities (TSDFs) to ensure that they comply with RCRA and are treating waste appropriately?

1. How long can a generator accumulate hazardous waste on site without a permit or interim status?

The length of time a generator is allowed to accumulate hazardous waste on site will vary depending on how much hazardous waste it generates in a calendar month. A large quantity generator (LQG) can accumulate hazardous waste on site for up to 90 days in specified units without obtaining a storage permit or interim status, provided the facility complies with Part 262 management standards for specific units (section 262.17). A small quantity generator (SQG) can accumulate up to 6,000 kg of hazardous waste for 180 days or less in tanks or containers if the facility complies with the modified standards in section 262.16. An SQG can accumulate hazardous waste for up to 270 days if the treatment, storage, or disposal facility is 200 miles or more away (sections 262.16(d)). Generators can receive a 30-day extension for accumulation of hazardous waste if uncontrollable and unforeseen circumstances cause them to accumulate waste on site for longer than the allowed time period. Such an extension may be granted by a Regional Administrator or authorized state on a case-by-case basis (sections 262.16(d) and 262.17(b)).

Additional guidance on generator accumulation times is available in the following documents in the Resource Conservation and Recovery Act (RCRA) Online database:

  • Monthly Call Center Report Question, November 1986 (RCRA Online #12775).
  • Memo, Straus to Katona, March 12, 1985 (RCRA Online #11062).

2. Can a large quantity generator (LQG) of hazardous waste who must accumulate the waste for longer than 90 days obtain an extension to the storage time limit?

An LQG may be granted a 30-day extension to the 90-day period at the discretion of the Regional Administrator due to unforeseen, temporary, and uncontrollable circumstances (40 CFR section 262.17(b)). If the LQG is not granted an extension, after the 90-day period is exceeded the generator will be considered an operator of a storage facility and become subject to the requirements of Parts 264, 265, and 270.

3. What are the requirements for inspecting containers of hazardous waste in central accumulation areas?

Large quantity generators (LQG) and small quantity generators (SQG) are required to perform weekly inspections in areas where containers are stored (section 262.16(b)(2)(iv) and section 262.17(a)(1)(v)). Specifically, generators should check for leaks and deterioration caused by corrosion or other factors. There is no federal requirement for VSQGs to perform inspections on hazardous waste containers. States, however, can be more stringent than the Federal regulations and may require inspections of containers from all generators.

Refer to section 262.16(b)(3) for inspection requirements for SQGs accumulating hazardous waste in tanks and section 265.195 for LQGs accumulating hazardous waste in tanks.

4. Can generators treat hazardous waste without obtaining a permit?

Large quantity generators (LQGs) and small quantity generators (SQGs) can treat hazardous waste in tanks, containers, or containment buildings without obtaining a permit or interim status provided they comply with the requirements in section 262.15–17, which include references to unit-specific requirements in Part 265 (51 FR 10146, 10168; March 24, 1986). For example, in order to treat hazardous waste on site for less than 90 days in accordance with section 262.16 and section 262.17, a small quantity generator must place the waste in containers in compliance with section 262.16(b)(2), tanks in compliance with section 262.16(b)(3), or containment buildings in compliance with section 262.16(b)(5). A large quantity generator must comply with section 262.17(a)((1) for containers, section 262.17(a)(2) for tanks, or section 262.17(a)(4) for containment buildings. LQGs are also subject to any applicable air emissions requirements at 40 CFR part 265 subparts AA, BB, and CC.

Under this provision, generators can treat only the hazardous waste generated on site. A permit would be required to treat hazardous waste consolidated from off-site locations (Memo, Cotsworth to Regions, August 16, 2002 (RCRA Online #14618 (4 pp, 18.2 K, About PDF))). Furthermore, generators cannot treat hazardous waste by thermal treatment or incineration without obtaining a permit (refer to 51 FR 10146, 10168; March 24, 1986 and the Call Center Monthly Report Question dated January 2003 (RCRA Online #14662 (2 pp, 12 K, About PDF))). In addition, generators who treat hazardous waste to meet the land disposal restriction treatment standards must comply with the notification requirements in section 268.7(a)(5) and have a waste analysis plan on site (Call Center Monthly Report Question dated August 1992 (RCRA Online #13553 (2 pp, 31.8 K, About PDF))).

Generators should check with their implementing agencies before treating waste in accordance with section 262.16 and section 262.17. Some authorized states are more stringent than the federal program and may require a permit for generator treatment activities. Generators should contact their state solid/hazardous waste program officers to determine if they need a permit to treat hazardous waste on site.

Additional guidance regarding generator treatment is available in the following documents in the Resource Conservation and Recovery Act (RCRA) Online database:

  • Memo, Cotsworth to Steward, October 23, 1998 (RCRA Online #14466).
  • Memo, Shapiro to Directors, October 17, 1994 (RCRA Online #11881).
  • Memo, Lowrance to McCarley, September 20, 1991 (RCRA Online #11641).
  • Call Center Monthly Report Question, January 1988 (RCRA Online #13117).
  • Memo, Williams to Lenher, July 25, 1986 (RCRA Online #12694).

5. May a generator conduct thermal treatment without obtaining a permit?

A generator may not conduct thermal treatment without a permit. Thermal treatment is regulated under part 265 subpart P; parts 264/265 subpart O; part 264 subpart X; or part 266 subpart H. The generator is, however, allowed to conduct non-thermal treatment in containers, tanks, containment buildings, and drip pads without obtaining a permit as long as they comply with the standards in section 262.16 and section 262.17, as appropriate.

6. When must a waste be managed as hazardous waste if the generator is awaiting characterization test results?

The point of generation for hazardous waste is when it is first produced or first becomes subject to hazardous waste regulations, not when a generator first receives waste analysis results. The hazardous waste generator regulations in 40 CFR part 262 apply as soon as waste is generated, and the accumulation period applies either as soon as the waste is generated or when waste is removed from the satellite accumulation area (Memo, Lowrance to Axtell; April 21, 1989 (RCRA Online #11424 (2 pp, 34 K, About PDF)). If a generator is unsure if the waste being tested is a hazardous waste, the generator must manage it as hazardous waste and label the containers with the potential hazard of the contents (e.g., ignitable, toxic, reactive, corrosive), the words “hazardous waste” (they could also use “hazardous waste pending analysis” to make it clear that testing is not yet complete), and the date upon which accumulation began. That way the generator will remain in compliance with the part 262 labeling requirements if the waste is determined to be hazardous. If the waste is determined to be non-hazardous, the generator can remove the hazardous waste labels at that point.

7. A large quantity generator (LQG) accumulates hazardous waste in both tanks and containers. The generator labeled each container with the date upon which the accumulation period began in accordance with 40 CFR section 262.17(a)(1). Must this LQG also mark the accumulation start date on tanks that are used to accumulate hazardous waste?

The LQG must also mark hazardous waste accumulation tanks with the date upon which the hazardous waste accumulation period begins or use inventory logs, monitoring equipment, or other records to be able to demonstrate that the waste is removed from the tank within 90 days of generation. Although this requirement was not explicit in section 262.34(a)(2), EPA intended for both tanks and containers to be marked with accumulation start dates (51 FR 10146, 10160; March 24, 1986). In 2016, EPA made this requirement explicit to ensure that LQGs accumulate hazardous waste in accordance with the 90-day accumulation time limit. Refer to section 262.17(a)(5)(i)(C) for containers and section 262.17(a)(5)(ii)(C) for tanks.

8. A generator palletizes and shrink wraps expired consumer goods in their original packaging. The expired consumer goods are hazardous waste. Does the generator need to label every container “hazardous waste” or can it put a single label on each pallet?

A shrink-wrapped pallet does not meet the definition of container in section 260.10, nor would it meet the container standards in part 262. Pursuant to the Resource Conservation and Recovery Act (RCRA) regulations, each container used for on-site hazardous waste accumulation must be labeled or marked clearly with the words “Hazardous Waste,” an indication of the hazards of the contents, and the date on which accumulation began (sections 262.16(b)(6) and 262.17(a)(5)). Therefore, the generator must label each individual container on the pallet. A generator may also label the pallet, if it so chooses, but the pallet label does not in and of itself satisfy the regulatory requirements of part 262.

During transportation, the consumer goods are subject to Department of Transportation (DOT) requirements for the transportation of hazardous materials, of which manifested hazardous waste is a subset. For more information about the DOT regulations, contact the Hazardous Materials Information Center at 1-800-467-4922.

Additional guidance regarding the labeling of hazardous waste containers in preparation for transport is available in the following documents in the Resource Conservation and Recovery Act (RCRA) Online database

  • Memo, Williams to Smith, November 17, 1987 (RCRA Online #11303).
  • Memo, Weddle to Staab, January 10, 1984 (RCRA Online #11031).

9. What is the definition of “closed” for the purposes of complying with 40 CFR sections 262.16(b)(2) and 262.17(a)(1)?

While EPA has not provided a definition of "closed" for the purpose of compliance with the hazardous waste generator and treatment, storage and disposal facility (TSDF) regulations, the Agency has provided guidance on proper techniques for container closure. For instance, for typical containers, such as 55-gallon drums, EPA recommends the container cover be properly secured with snap rings tightly bolted; bungholes capped, and, where appropriate, pressure-vacuum relief valves to maintain the container’s internal pressure to avoid explosions. EPA generally considers a container accumulating free liquids or liquid hazardous wastes to be “closed” when all openings or lids are properly and securely affixed to the container, except when wastes are actually being added to or removed from the container. Liquid hazardous wastes also can be accumulated in open-head drums or open-top containers (e.g., where the entire lid is removable and typically secured with a ring and bolts or snap ring) and meet the definition of “closed” provided the rings are clamped or bolted to the container. The container could be considered closed if the lid covers the container top securely. For solid and semi-solid hazardous wastes, EPA considers the container "closed" as long as there is complete contact between the lid and the rim all around the top of the container.

This guidance and further details are available in the following memoranda available in the Resource Conservation and Recovery Act (RCRA) Online database:

  • Memo, Dellinger to Regions, December 3, 2009 (this memo is available as an attachment to RCRA Online #14826).
  • “Closed Container Guidance: Questions and Answers” Betsy Devlin, November 3, 2011 (RCRA Online #14826).

10. If a very small quantity generator (VSQG) accumulates more than 1 kg of acutely hazardous waste, that waste is regulated as a large quantity generator waste (LQG). How much acute hazardous waste may a small quantity generator (SQG) accumulate?

With regard to the accumulation limits, any person that accumulates more than 1 kg of acute hazardous waste must manage that waste according to the LQG standards. If a generator falls into the SQG category for their non-acute hazardous waste, but accumulates above the 1 kg limit of acute hazardous waste, the waste must be managed according to LQG standards. (Refer to Monthly Call Center Report Question, January 2004 (RCRA Online #14700 (1 pp, 58.8 K, About PDF))).

This is because a person who generates only acute hazardous waste is regulated as either a VSQG or an LQG. The regulations do not specify a separate generation limit for acute hazardous waste specific to SQGs. A person generating less than or equal to one kilogram of acute hazardous waste per calendar month is a VSQG. A person generating more than one kilogram of acute hazardous waste in a calendar month is an LQG. If, during one month, a person generates less than one kilogram of acute hazardous waste and between 100 and 1000 kilograms of non-acute hazardous waste, they would be a small quantity generator for the month.

11. Do small quantity generators (SQGs) accumulating hazardous waste in tanks need to comply with all of the requirements a large quantity generator (LQG) complies with, which also mirror in 40 CFR part 265 subpart J?

SQGs accumulating hazardous waste in tanks must only comply with sections 262.16(b)(3), which incorporates some but not all of the LQG requirements and those in part 265 subpart J. SQG tank standards consist of general operating, inspection, and closure requirements, as well as special requirements for accumulating ignitable, reactive, or incompatible wastes. Only LQGs and interim status facilities are subject to full part 265 subpart J requirements for hazardous waste tanks.

12. May a very small quantity generator (VSQG) treat hazardous waste on site without a permit?

Very small quantity generators (VSQGs) may treat hazardous waste on site without a permit provided they meet one of the conditions in 40 CFR section 262.14(a)(5)(iii–vii) or (xi). If a VSQG is not one of these types of facilities, it must have a permit under part 270, or operate under interim status under parts 270 and 265 before treating or disposing of waste on site. (Refer to 61 FR 34252, July 1, 1996). However, federal regulations allow states to adopt more stringent regulations if they choose, and some states have chosen not to exempt VSQGs from many of the hazardous waste requirements. Therefore, VSQGs should contact their state solid/hazardous waste program officers to determine regulations for VSQGs. Additional guidance regarding VSQG requirements is available in the following documents in the Resource Conservation and Recovery Act (RCRA) Online database:

  • Monthly Call Center Report Question, January 2003 (RCRA Online #14662).
  • Memo, Shapiro to Kim, May 1, 1996 (RCRA Online #14030).

13. May a small quantity generator (SQG) treat hazardous waste in containment buildings or on drip pads?

An SQG can accumulate and treat hazardous waste on drip pads or in containment buildings if the SQG complies with the unit specific accumulation requirements in section 262.16(b)(4) for drip pads and section 262.16(b)(5) for containment buildings. These requirements include accumulation time limits, labeling, and recordkeeping and also refer directly to part 265 subpart W for drip pads and part 265 subpart DD for containment buildings for technical standards, operation requirements, and closure.

The federal requirements regarding small quantity generator use of drip pads and containment buildings were revised as part of the November 28, 2016, Hazardous Waste Generator Improvements Rule. The Hazardous Waste Generator Improvements Final Rule is effective federally as of May 30, 2017; however, implementation in a particular state depends on whether the state has adopted the rule. A discussion of the effect that this final rule will have on state authorization is available on page 85801 of the rule. Information about how the rule will affect the requirements in this FAQ in a particular state is best obtained from the state hazardous waste program. A list of state hazardous waste programs is available here.

14. Can small quantity generators (SQGs) store hazardous waste longer than 180 days if they are sending it to a designated facility located far away?

SQGs may store hazardous waste for 270 days without a permit if the distance to the designated off-site treatment, storage, or disposal facility is 200 miles or greater, provided they follow the accumulation requirements in section 262.16(c).

15. Should a small quantity generator (SQG) performing on-site treatment of hazardous waste in a tank comply with the section 262.16(b)(3) standards or is the SQG subject to all of part 265 subpart J?

An SQG performing on-site treatment in a tank would continue to follow the standards in section 262.16(b)(3). Since the section 262.16 tank standards are designed to ensure that the integrity of a tank or container is not breached, the same standards apply regardless of whether a unit is used for treatment or accumulation (56 FR 10146, 10168; March 24, 1986). When originally promulgated, the structure and content of the regulations now in section 262.16(b)(3) were intended to supplant subpart J requirements for SQGs rather than supplement them. Therefore, an SQG complies with section 265.16(b)(3) instead of all of the subpart J regulations when accumulating or treating hazardous waste in tanks. Generators should be aware that authorized states can be more stringent than EPA and should always confer with the implementing agency to determine applicable unit standards.

Note: The location of the SQG-specific tank requirements moved from section 265.201 to section 262.16(b)(3) as part of the November 28, 2016, Generator Improvements Rule, which reorganized some of the generator regulations, but the contents of the requirements did not change and preamble language and other references in memos and guidance to section 265.201 still applies.

16. Can a generator accept hazardous waste from one of the corporation's other facilities before shipping all of the waste to a permitted treatment, storage and disposal facility (TSDF)?

Under most circumstances, a generator cannot accept a shipment of hazardous waste from another company location, unless the receiving generator is also a designated facility. A designated facility is defined as any hazardous waste TSDF which has received a permit or interim status, or a recycling facility that is regulated under Section 261.6(c)(2) or part 266 subpart F (Section 260.10). A generator that is subject to the requirements in part 262 must prepare a hazardous waste manifest for any off-site shipment of hazardous waste. On that manifest, the generator must designate a facility that is permitted to handle its hazardous waste (Section 262.20(b)). Thus, once a generator sends hazardous waste off site, it must be destined for a designated facility.

Under the provisions of the 2016 Generator Improvements Rule, very small quantity generators (VSQGs) can ship their waste to a large quantity generator (LQG) under the control of the same company for consolidation before sending it on to a designated facility if the VSQG complies with the conditions at section 262.14(a)(5)(viii). The waste does not have to travel under a manifest when being sent from the VSQG to the LQG, but it does have to be managed as LQG waste by the LQG and can only be accumulated for 90 days once it reaches the LQG.

The consolidation provision for VSQGs were added as part of the November 28, 2016, Hazardous Waste Generator Improvements Rule. The Hazardous Waste Generator Improvements Final Rule is effective federally as of May 30, 2017; however, implementation in a particular state depends on whether the state has adopted the rule. You should check to refer to if your state has adopted this consolidation provision before using it. Information about how the rule will affect the requirements in this FAQ in a particular state is best obtained from the state hazardous waste program. A list of state hazardous waste programs is available here.

17. Is there a document or suggested guidelines for generators to assess treatment, storage and disposal facilities (TSDFs) to ensure that they comply with RCRA and are treating waste appropriately?

The document "Protocol for Conducting Environmental Compliance Audits of Treatment, Storage and Disposal Facilities under the Resource Conservation and Recovery Act (EPA305-B-98-006)" provides information on auditing TSDFs.

Notification and Reporting: EPA Identification (ID) Number

  1. A generator has multiple structures within the same contiguous property. Is each structure required to have an individual EPA identification number?
  2. Are very small quantity generators (VSQGs) required to obtain EPA identification numbers?

1. A generator has multiple structures within the same contiguous property. Is each structure required to have an individual EPA identification number?

For the purposes of generator notification and obtaining EPA identification numbers, and assuming the structures are on-site as defined in section 260.10, one identification number is sufficient for all structures at the facility site (Memo, Shapiro to Wojdyla, May 1, 1996 (RCRA Online #14031)). EPA identification numbers are issued to facilities on a by-site basis (Memo, Barnes to Bider, August 15, 1989 (RCRA Online #11456)). There is no regulatory definition for the term “by-site”; however, it refers to where a hazardous waste is generated (Memo, Shapiro to Wojdyla, May 1, 1996 (RCRA Online #14031)). For example, if a single company operates three laboratories on a single piece of property, all three laboratories may share one EPA ID number and the waste from all three laboratories may be evaluated together. However, if the company operates three laboratories at three different locations that are not considered to be on contiguous property, each laboratory is viewed as a separate potential generator and is required to obtain an individual EPA ID number (Memo, Shapiro to Wojdyla, May 1, 1996 (RCRA Online #14031)). Furthermore, when the laboratories or structures are owned by different people, the generator must obtain one identification number for each laboratory or structure even if the regulated activity is taking place on a contiguous piece of property (Monthly Report Question; February 1988 (RCRA Online #13129)). The guidance memoranda referenced above are available in the Resource Conservation and Recovery Act (RCRA) Online database.

A generator may obtain an EPA ID number by filling out Form 8700-12, Notification of Regulated Waste Activity, and submitting it to the appropriate EPA Regional or authorized state RCRA implementing agency. The notification forms are available from EPA Regional offices, state hazardous waste offices, or on the RCRAInfo Web website.

Additional guidance on EPA identification numbers is available in the following memos in the RCRA Online database:

  • Memo, Petruska to Kuszaj, August 22, 1995 (RCRA Online #11916).
  • Memo, Daneker to Kawatachi, August 3, 1983 (RCRA Online #11028).

2. Are very small quantity generators (VSQGs) required to obtain EPA identification numbers?

VSQGs do not need to obtain EPA ID numbers because they are exempt from the notification requirements in the Resource Conservation and Recovery Act (RCRA) section 3010 (40 CFR section 262.14). However, authorized states may have more stringent requirements for obtaining an ID number than the federal program and VSQGs should check if they need to obtain an EPA ID number under their state regulations.

Notification and Reporting: Manifest

  1. How long must a hazardous waste generator retain a signed copy of a manifest?
  2. How can I learn more about EPA’s electronic manifest (e-manifest)?
  3. Are very small quantity generators (VSQGs) subject to the manifesting requirements for hazardous waste?
  4. How does a hazardous waste generator certify compliance with the waste minimization requirements in the Resource Conservation and Recovery Act (RCRA) section 1003(b)?

1. How long must a hazardous waste generator retain a signed copy of a manifest?

A generator is required to keep a signed copy of a manifest for three years or until it receives a signed copy from the designated facility which received the waste. This signed copy must be retained as a record for at least three years from the date the waste was accepted by the initial transporter (40 CFR section 262.40(a)).

2. How can I learn more about EPA’s electronic manifest (e-manifest)?

For more information about the history of the e-manifest and how to use it, please visit our e-Manifest web page.

3. Are very small quantity generators (VSQGs) subject to the manifesting requirements for hazardous waste?

Under the federal requirements, VSQGs meeting all the requirements in 40 CFR section 262.14 are not subject to the manifesting requirements in Part 262 (section 262.14). However, authorized states may have more stringent requirements for obtaining an ID number than the federal program and VSQGs should check if they need to obtain an EPA ID number under their state regulations.

4. How does a hazardous waste generator certify compliance with the waste minimization requirements in the Resource Conservation and Recovery Act (RCRA) section 1003(b)?

Hazardous waste generators must certify compliance with waste minimization requirements in RCRA section 1003(b) when preparing a hazardous waste manifest. Large quantity generators must certify that they have a program in place to reduce the volume and toxicity of the hazardous waste they generate; small quantity generators must certify that they have made a good faith effort to minimize their waste generation. Generators should include the following six basic elements in their waste minimization program: top management support, characterization of waste generation and waste management costs, periodic waste minimization assessments, appropriate cost allocation, encouragement of technology transfer, and program implementation and evaluation (58 FR 31114, May 28, 1993).

Additional guidance on the generator's waste minimization certification on the manifest is available in the following documents on RCRA Online database:

  • Monthly Call Center Report Question, June 1997 (RCRA Online #12932).
  • Memo, Shapiro to St. John, July 18, 1994 (RCRA Online #11855).
  • Memo, Browner to Dingell, August 11, 1993 (RCRA Online #11764).
  • Memo, Williams to States, October 20, 1986 (RCRA Online #12767).
  • Memo, Williams to Dauphin, April 28, 1986 (RCRA Online #12629).
  • Memo, Williams to Fixter, February 6, 1986 (RCRA Online #12559).
  • Monthly Call Center Report Question, October 1985 (RCRA Online #12470).
  • Memo, Williams to Deever, October 17, 1985 (RCRA Online #11108).

Notification and Reporting: Biennial Report

1. Are all hazardous waste generators required to submit the the Resource Conservation and Recovery Act (RCRA) Biennial Report?

Federally, only large quantity generators are required to submit the Biennial Report (section 262.41). Small quantity generators and very small quantity generators are not subject to the federal biennial reporting requirements, but such generators should consult with their implementing agencies since some states have more stringent reporting requirements. Refer to the Biennial Hazardous Waste Report website.

Recordkeeping

1. Can generators keep Hazardous Waste Manifests and Biennial Report information off site?

Generators are not required to keep copies of manifests and biennial reports on site. Generators may keep copies at a corporate headquarters. However, the generator must be able to provide EPA with information on, or access to, these records (Monthly Call Center Report Question, April 1984 (RCRA Online #12199 (1 pp, 28.8 K, About PDF))).

Personnel Training

  1. What Resource Conservation and Recovery Act (RCRA) training requirements apply to hazardous waste generators? Are all staff members required to comply with these training requirements?
  2. Small quantity generators (SQGs) must conduct training in accordance with section 262.16 and large quantity generators (LQGs) must conduct training in accordance with section 262.17. Do the Resource Conservation and Recovery Act (RCRA) regulations require training of personnel working in satellite accumulation areas (SAAs)?
  3. What documentation must a generator maintain to demonstrate compliance with the Resource Conservation and Recovery Act (RCRA) training requirements?
  4. What training is required for the person who signs the manifest certification?

1. What Resource Conservation and Recovery Act (RCRA) training requirements apply to hazardous waste generators? Are all staff members required to comply with these training requirements?

The amount and/or type of training required for hazardous waste generators is dependent on the amount of hazardous waste generated by the facility in a calendar month. Large quantity generators (LQGs)—those who generate more than 1,000 kg/month of hazardous waste (or more than 1 kg/month of acutely hazardous waste)—must comply with the emergency preparedness and personnel training requirements in section 262.17(a)(7). The generator's training program must be "designed to ensure that facility personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems..." These requirements are intended to ensure that personnel are adequately prepared to properly handle the types of hazardous wastes that are managed at the facility and to respond to any emergencies that are likely to arise. LQG personnel must also take part in an annual review, and the facility must document that all hazardous waste personnel have met all applicable training requirements.

Small quantity generators (SQGs)—those who generate greater than 100 kg but less than 1,000 kg/month of hazardous waste—must comply with the emergency preparedness and personnel training requirements in section 262.16(b)(9). These standards state that, “the small quantity generator must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies.”

The training requirements do not apply to generators of less than 100 kg/month (e.g., very small quantity generators (VSQGs)) or to personnel who work only in satellite accumulation areas. It is a best practice, however, to ensure that all workers that are handling hazardous waste have a knowledge of the relevant hazards and appropriate requirements and are prepared to respond to any emergency situation appropriately.

In addition, not all personnel at a given location need to meet the RCRA training standards (e.g., secretaries, fulfillment staff). Instead, the RCRA training requirements apply to hazardous waste personnel working in central accumulation areas.

Note that the term “personnel” may include contractors since they are held to the same standards as non-contract facility personnel. Additional clarification on the definition of facility personnel is available in the following guidance document: Monthly Call Center Report Question, March 1998 (RCRA Online #14180). Most states are authorized to implement the RCRA regulations and they may also have more stringent regulations. Therefore, you should contact your state agency to determine if there are any additional state-specific training requirements for generator facility personnel. Authorized states may also require training for VSQGs. State web sites can be found on this web page.

Additional guidance on the training requirements for hazardous waste generators is available in the following memos in the RCRA Online database:

  • Memo, Springer to Sherman, November 19, 2003 (RCRA Online #14687).
  • Memo, Cotsworth to Tierney, June 10, 1997 (RCRA Online #14286).
  • Memo, Denit to Bell, October 7, 1993 (RCRA Online #11779).
  • Memo, Lowrance to D'Aloia, May 9, 1989 (RCRA Online #11429).

2. Small quantity generators (SQGs) must conduct training in accordance with section 262.16 and large quantity generators (LQGs) must conduct training in accordance with section 262.17. Do the Resource Conservation and Recovery Act (RCRA) regulations require training of personnel working in satellite accumulation areas (SAAs)?

No. The RCRA regulations do not require training of personnel working in SAAs. Personnel that have access to or work in central accumulation areas, including those that move hazardous waste from a SAA to a central accumulation area, must be trained. As the ones actually generating hazardous waste, however, personnel working in SAAs need to be familiar enough with the chemicals with which they are working to know when they have generated a hazardous waste so that it will be managed in accordance with the RCRA regulations and they need to know enough about the risks associated with hazardous wastes generated in their SAA to respond to any emergency situation appropriately.

3. What documentation must a generator maintain to demonstrate compliance with the Resource Conservation and Recovery Act (RCRA) training requirements?

A large quantity generator must maintain training-related documents and records at the facility (section 262.17(a)(7)(iv)). The records must include the following:

  • a job title for each position at the facility related to hazardous waste and the name of the employee filling that position (section 262.17(a)(7)(iv)(A));
  • a written job description for each position at the facility related to hazardous waste (section 262.17(a)(7)(iv)(B));
  • a written description of the type and amount of both introductory and continuing training that will be given to each person filling such a position (section 262.17(a)(7)(iv)(C)); and
  • records that document that the training or job experience required has been given to, and completed by, facility personnel (section 262.17(a)(7)(iv)(D)).

The generator must maintain training records on current personnel until closure of the facility and former employees for three years (section 262.17(a)(7)(v)). Additional clarification is available in the following guidance document in the RCRA Online database: Monthly Call Center Report Question, December 1984 (RCRA Online #12341).

Small quantity generators (SQGs) are also subject to training regulations. SQGs must ensure that all personnel that manage hazardous waste are thoroughly familiar with the proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies. There is no specific recordkeeping requirement attached to the SQG training regulations (section 262.16(b)(9)(iii)).

4. What training is required for the person who signs the manifest certification?

The training requirements for the person who signs the manifest depend on that person’s responsibilities within the hazardous waste generation process. While any waste handler and broker can prepare a manifest "on behalf of" a generator (i.e., complete Items 1-14 on the form), the authority to sign manifests is more limited.

Manifests prepared by others for a generator customer can be signed by the generator, or by the agent (e.g., a contractor) of the generator operating on site and performing generator responsibilities at the site for the generator, or by an offeror. An offeror is a person, typically the representative of the initial transporter, who performs the pre-transportation functions (e.g., packaging waste in containers, preparing and affixing labels, preparing the manifest) on site, and has personal knowledge of the facts involved with the preparation of the waste for transportation. In these cases, an offeror can sign the generator/offeror certification on the manifest on behalf of the generator because the offeror can certify that the waste materials have been properly described and the shipment is in proper condition for transportation.

To reiterate, both generators (and their agents) and offerors can sign the manifest. While there are no training requirements under part 262 for offerors, EPA recommends that they have sufficient training to be able to act appropriately in the event of an emergency. Generators and/or their agents are required to comply with the training requirements in part 262. The specific training requirements depend on the generator's category. Large quantity generators (LQGs) must comply with the emergency preparedness and personnel training requirements in 40 CFR section 262.17(a)(7). Small quantity generators (SQGs) must comply with the requirements in section 262.16(b)(9)(iii). Very small quantity generators (VSQGs) are not required to comply with training requirements.

In addition, the Department of Transportation (DOT) also regulates shipments of hazardous waste. Therefore, facility personnel are also subject to all applicable DOT training requirements. The training requirements for hazardous materials employees are defined in the DOT Hazardous Materials Regulations at 49 CFR part 172 subpart H. DOT requires that the person signing the manifest have "first-hand knowledge" of the information listed on the manifest and the regulations that apply to the waste. The generator must certify that the materials are properly classified, described, packaged, marked and labeled, and in proper condition for transporting (Memo, Springer to Sherman, November 19, 2003 (RCRA Online #14687 (3 pp, 15 K, About PDF))). The generator certification is required by RCRA (section 262.23(a)) and DOT.

Additional guidance on the training requirements for hazardous waste generators is available in 49 CFR Part 172 in Subpart H, Frequent Questions about e-Manifest and the following memos in the Resource Conservation and Recovery Act (RCRA) Online database:

  • Memo, Springer to Sherman, November 19, 2003 (RCRA Online #14687).
  • Memo, Cotsworth to Tierney, June 10, 1997 (RCRA Online #14286 ). 
  • Memo, Lowrance to D’Aloia, Jr., May 9, 1989 (RCRA Online #11429).
  • Monthly Call Center Report Question, March 1998 (RCRA Online #14180).

Satellite Accumulation Areas

  1. What regulations apply to generators of hazardous waste managed at satellite accumulation areas?
  2. SQGs must conduct training in accordance with section 262.16 and LQGs must conduct training in accordance with section 262.17. Do the Resource Conservation and Recovery Act (RCRA) regulations require training of personnel working in satellite accumulation areas?
  3. What are the container requirements for generators accumulating hazardous waste in satellite accumulation areas (SAAs)?
  4. Can small quantity generators establish satellite accumulation areas (SAAs) according to section 262.15 for their hazardous waste?
  5. When a facility has equipment that discharges hazardous wastes to attached containers, do the containers that collect such wastes have to be in compliance with the satellite accumulation area (SAA) regulations?
  6. Once a generator has accumulated over 55 gallons of hazardous waste in a satellite accumulation area, how long does the generator have to move the waste to a central accumulation area and comply with the accumulation standards in section 262.17(a)/section 262.16(b)?
  7. Both large quantity generators (LQGs) and small quantity generators (SQGs) must inspect containers in their central accumulation areas. Are SQGs or LQGs required to inspect hazardous waste containers in satellite accumulation areas?
  8. If a generator accumulates more than 55 gallons of hazardous waste (or 1 quart of acute hazardous waste or 1 kg of solid acute hazardous waste) at a satellite accumulation area, when should the generator date the container(s)? When 55 gallons of hazardous waste (or 1 quart of liquid acute hazardous waste or 1 kg of solid acute hazardous waste) is exceeded or when the container is moved to the central accumulation area?

1. What regulations apply to generators of hazardous waste managed at satellite accumulation areas?

Hazardous waste generators are allowed, but not required, to accumulate small amounts of hazardous waste in locations at or near any points of generation (section 262.15) that are under the control of the person operating the process that generates the hazardous waste (section 262.15). A generator may accumulate up to fifty-five gallons of hazardous waste and/or one quart of liquid acute hazardous waste or one (1) kg of solid acute hazardous waste at each satellite accumulation area (SAA) . The preamble of the Hazardous Waste Generator Improvements rule (81 FR 85732) includes a discussion about and examples of what EPA means by “under the control of the operator.” For example, EPA would consider waste to be “under the control of the operator” if the operator controls access to an area, building, or room in which the SAA is located, such as with entry by access card, key or lock box. Another example is if the operator accumulates waste in a locked cabinet and controlled access to the key, even if the cabinet is stored inside a room to which access is not controlled. Refer to pages 85767–8 of the preamble for the full discussion.

Limited standards, such as labeling, keeping the containers closed, and maintaining containers in good condition, apply to SAAs. Once the generator exceeds the volume limits, the excess waste must be dated and moved within three consecutive calendar days to the central accumulation area (CAA). At the CAA, the waste must be managed in accordance with the more comprehensive hazardous waste accumulation standards in section 262.16(b) for SQGs or section 262.17(a) for LQGs.

Additional guidance on hazardous waste accumulation in SAAs is available in the following documents in the Resource Conservation and Recovery Act (RCRA) Online database:

  • Memo, Springer to Regions, March 17, 2004 (RCRA Online #14703).
  • Monthly Call Center Report Question, December 2001 (RCRA Online #14587).
  • Monthly Call Center Report Question, December 1999 (RCRA Online #14418).
  • Monthly Call Center Report Question, February 1999 (RCRA Online #14337).
  • Monthly Call Center Report Question, February 1996 (RCRA Online #13777).
  • Memo, Shapiro to Dolce, February 10, 1994 (RCRA Online #11812).
  • Memo, Lowrance to Redington, February 23, 1993 (RCRA Online #11728).
  • Monthly Call Center Report Question, October 1990 (RCRA Online #13410).
  • Monthly Call Center Report Question, April 1990 (RCRA Online #13365).
  • Memo, Lowrance to Kirk, August 2, 1989 (RCRA Online #11452).

2. SQGs must conduct training in accordance with section 262.16 and LQGs must conduct training in accordance with section 262.17. Do the Resource Conservation and Recovery Act (RCRA) regulations require training of personnel working in satellite accumulation areas?

No. The RCRA regulations do not require training of personnel working in satellite accumulation areas (SAAs). Personnel that have access to or work in central accumulation areas, including those that move hazardous waste from a SAA to a central accumulation area, must be trained. As the ones actually generating hazardous waste, however, personnel working in SAAs need to be familiar enough with the chemicals with which they are working to know when they have generated a hazardous waste so that it will be managed in accordance with the RCRA regulations and they need to know enough about the risks associated with hazardous wastes generated in their SAA to respond to any emergency situation appropriately.

3. What are the container requirements for generators accumulating hazardous waste in satellite accumulation areas (SAAs)?

Generators accumulating hazardous waste in satellite accumulation areas must comply with the container standards in section 262.15. Specifically, the containers must be in good condition, compatible with the hazardous waste, and closed during accumulation, with limited exceptions. Generators must also mark their containers in satellite accumulation areas with words that identify the hazards of the contents of the containers and the words "Hazardous Waste" (section 262.15(a)(5)). Generators must comply with the accumulation limits in SAAs and remove the excess from the SAA within three consecutive calendar days.

Note: On November 28, 2016, EPA published the Hazardous Waste Generator Improvements Final Rule, which revised the labeling requirements for waste accumulated in SAAs.

The Hazardous Waste Generator Improvements Final Rule is effective as of May 30, 2017; however, implementation in a particular state depends on whether the state has adopted the rule. Information about whether this revision is effective in any given state is best obtained from the state hazardous waste program. A list of state hazardous waste programs is available here.

4. Can small quantity generators establish satellite accumulation areas (SAAs) according to section 262.15 for their hazardous waste?

Yes. Both large quantity generators (LQGs) and small quantity generators (SQGs) may accumulate hazardous waste in SAAs, provided it is managed in accordance with all the provisions of 40 CFR section 262.15. If an SQG or LQG accumulates more than 55 gallons of non-acute hazardous waste, and/or 1 quart of liquid acute hazardous waste or 1 kg of solid acute hazardous waste at an SAA, the excess must be removed within three consecutive calendar days and shipped either off site to a designated facility, taken to an on-site treatment, storage and disposal facility (TSDF), or taken to an on-site central accumulation area. Generators also have the option of converting the SAA to a CAA within three days of exceeding the specified limits by complying with the CAA regulations in section 262.16(b) for SQGs, or section 262.17(a) for LQGs.

5. When a facility has equipment that discharges hazardous wastes to attached containers, do the containers that collect such wastes have to be in compliance with the satellite accumulation area (SAA) regulations?

Yes. Even if the discharging unit is not regulated under the Resource Conservation and Recovery Act (RCRA), the attached containers that collect hazardous wastes from such equipment must comply with the SAA regulations if those containers collect wastes that are listed or characteristic hazardous wastes. Waste containers in SAAs must meet the following conditions: be in good condition (section 262.15(a)(1)), be compatible with their contents (section 262.15(a)(2)), and be labeled with words that indicate the hazards of the contents and the words "hazardous waste" (section 262.15(a)(5)). In addition, the containers in SAAs must be closed, except when adding or removing hazardous waste or under certain conditions when temporary venting is necessary (section 262.15(a)(4)). The container(s) attached to such equipment is a point of generation. It is possible for there to be multiple pieces of equipment within one SAA, and thus multiple points of generation within a single SAA, provided all the pieces of equipment are "at or near" each other and "under the control of the operator of the process generating the waste." Under this scenario, the total amount of hazardous waste in the SAA would be limited to 55 gallons (and/or 1 quart of liquid acute hazardous waste or 1 kg of solid acute hazardous waste) and a generator would be allowed to consolidate like hazardous wastes from multiple discharging units.

6. Once a generator has accumulated over 55 gallons of hazardous waste in a satellite accumulation area, how long does the generator have to move the waste to a central accumulation area and comply with the accumulation standards in section 262.17(a)/section 262.16(b)?

A generator who accumulates hazardous waste in excess of 55 gallons in a satellite accumulation area must comply with the conditions for accumulation at section 262.16 for small quantity generators or section 262.17 for large quantity generators within three consecutive calendar days (section 262.15(a)(6)(i)). EPA believes the three-day period allows generators adequate time to manage the excess waste in accordance with these requirements (49 FR 49568, 49569; December 20, 1984).

7. Both large quantity generators (LQGs) and small quantity generators (SQGs) must inspect containers in their central accumulation areas. Are SQGs or LQGs required to inspect hazardous waste containers in satellite accumulation areas?

No. Inspections of containers (whether weekly or some other frequency) in satellite accumulation areas (SAAs) are not required, so long as the provisions of section 262.15 are met. However, the SAA regulations do require that waste containers in an SAA must be under the control of the operator of the process generating the waste, in good condition (section 262.15(a)(1)), compatible with their contents (section 262.15(a)(2)), and closed except when adding or removing waste and under certain conditions when temporary venting is necessary (section 262.15(a)(4)), which should achieve the goal of inspections: containers that are free of leaks and deterioration.

8. If a generator accumulates more than 55 gallons of hazardous waste (or 1 quart of acute hazardous waste or 1 kg of solid acute hazardous waste) at a satellite accumulation area, when should the generator date the container(s)? When 55 gallons of hazardous waste (or 1 quart of liquid acute hazardous waste or 1 kg of solid acute hazardous waste) is exceeded or when the container is moved to the central accumulation area?

When 55 gallons of hazardous waste (or either 1 quart of liquid acute hazardous waste or 1 kg of solid acute hazardous waste) is exceeded in a satellite accumulation area (SAA), the generator needs to date the container containing the excess and must then move the excess to the 90-day or 180-day area within three consecutive calendar days (section 262.15(a)(6)). When the container holding the excess is moved to the central accumulation area, the generator needs to date the container again to indicate the start of the 90- or 180-day on-site accumulation period (section 262.17(a) and section 262.16(b), respectively). (Of course, the container does not need to be dated after it is removed from the SAA if the excess waste is moved directly to a permitted or interim status unit.) This means that a large quantity generator (LQG) has up to 93 days and a small quantity generator (SQG) has up to 183 days for on-site accumulation time once 55 gallons of hazardous waste (or either 1 quart of liquid acute hazardous waste or 1 kg of solid acute hazardous waste) has been exceeded at the SAA—up to three days in the SAA, followed by up to 90 or 180 days in the central accumulation area.

If the waste container in the SAA is moved before it exceeds the 55-gallon limit for non-acute hazardous waste (or 1 quart/1 kilogram of acute hazardous waste), it only needs to be dated upon arrival at the central accumulation area to indicate the start of the 90- or 180-day on-site accumulation.

Closure

1. What are the closure standards for hazardous waste management units at generator facilities?

Large quantity generators (LQGs) must comply with the general closure provisions in section 262.17(a)(8). LQGs storing waste in tanks, in containers, on drip pads, or in containment buildings are subject to the unit specific closure requirements. Although small quantity generators (SQG) cannot leave hazardous waste behind when the generator site closes, there are no specific closure requirements for SQGs , except that SQGs managing waste in tanks must remove all hazardous waste from such tanks, discharge control equipment, and discharge confinement structures upon closure (section 262.16(b)(3)(E)(vi)). Additional guidance on generator closure is available in the following documents in the Resource Conservation and Recovery Act (RCRA) Online database:

  • Monthly Report Question, December 1998 (RCRA Online #14321).
  • Monthly Report Question, November 1997 (RCRA Online #14130).
  • Monthly Report Question, April 1989 (RCRA Online #13270).

Very Small Quantity Generators

  1. Are very small quantity generators (VSQGs) required to perform weekly inspections for hazardous waste containers?
  2. Are very small quantity generators (VSQGs) subject to the manifesting requirements for hazardous waste?
  3. Are very small quantity generators (VSQGs) required to obtain EPA identification (ID) numbers?
  4. Are very small quantity generators (VSQGs) exempt from the used oil management standards in Part 279?
  5. Are very small quantity generators (VSQGs) that accumulate universal waste required to manage the waste in accordance with part 273 or can the generator manage the waste as a VSQG in accordance with section 262.14?
  6. May a very small quantity generator (VSQG) treat hazardous waste on site without a permit?
  7. What are the recordkeeping and notification requirements for very small quantity generators (VSQGs)?

1. Are very small quantity generators (VSQGs) required to perform weekly inspections for hazardous waste containers?

No, there is no federal requirement for VSQGs to perform inspections on hazardous waste containers. It is a best practice to perform inspections regularly, specifically checking for leaks and deterioration caused by corrosion or other factors. States, however, can be more stringent than the Federal regulations and may require inspections of containers from all generators.

2. Are very small quantity generators (VSQGs) subject to the manifesting requirements for hazardous waste?

VSQGs meeting all of the requirements in 40 CFR section 262.14 are not subject to the manifesting requirements in part 262 under the federal requirements. States, however, can be more stringent than the Federal regulations and may require inspections of containers from all generators.

3. Are very small quantity generators (VSQGs) required to obtain EPA identification (ID) numbers?

VSQGs do not need to obtain EPA ID numbers under the federal requirements. However, authorized states may have more stringent requirements for obtaining an ID number than the federal program.

4. Are very small quantity generators (VSQGs) exempt from the used oil management standards in Part 279?

The part 279 standards do not contain an exemption for any class of generators based on used oil generation rate. As a result, all used oil generators producing used oil through commercial or industrial operations and vehicle services are subject to the same uniform standards (57 FR 41566, 41584; September 10, 1992). Only the individuals listed in section 279.20(a)(1) through (4) are exempt from the part 279 generator requirements.

5. Are very small quantity generators (VSQGs) that accumulate universal waste required to manage the waste in accordance with part 273 or can the generator manage the waste as a VSQG in accordance with section 262.14?

The universal waste management standards in part 273 are an alternative set of standards to parts 260 through 272 (section 273.1(b)). VSQGs have the option of handling their waste under the reduced generator requirements codified in section 262.14 or as universal waste (part 273). EPA believes that allowing VSQGs to choose the regulatory option that best meets their circumstances will aid in assuring the effective collection, management, and disposal of universal wastes (60 FR 25492, 25510; May 11, 1995). However, if universal wastes generated from VSQGs are commingled with universal wastes produced by small quantity or large quantity generators, and the commingled waste is a hazardous waste defined by section 261.3 (i.e., because it is listed or exhibits a characteristic), then it must be managed as a hazardous waste and would be a universal waste that can be managed in accordance with part 273 (60 FR 25492, 25509-10; May 11, 1995). The universal waste final rule (60 FR 25492; May 11, 1995) is available here. Further information on the management of universal waste by VSQGs (formerly known as CESQGs) is available in the following memo in the Resource Conservation and Recovery Act (RCRA) Online database: Memo, Springer to RCRA Senior Policy Advisors, October 23, 2003 (RCRA Online #14685).

6. May a very small quantity generator (VSQG) treat hazardous waste on site without a permit?

Very small quantity generators (VSQGs) may treat hazardous waste on site without a permit provided they meet one of the conditions in 40 CFR section 262.14(a)(5)(iii–vii) or (xi). If a VSQG is not one of these types of facilities, it must have a permit under part 270, or operate under interim status under parts 270 and 265 before treating or disposing of waste on site. (Refer to 61 FR 34252, July 1, 1996). However, federal regulations allow states to adopt more stringent regulations if they choose, and some states have chosen not to exempt VSQGs from many of the hazardous waste requirements. Therefore, VSQGs should contact their state solid/hazardous waste program offices to determine regulations for VSQGs. Additional guidance regarding VSQG requirements is available in the following documents in the Resource Conservation and Recovery Act (RCRA) Online database:

  • Monthly Call Center Report Question, January 2003 (RCRA Online #14662).
  • Memo, Shapiro to Kim, May 1, 1996 (RCRA Online #14030).

7. What are the recordkeeping and notification requirements for very small quantity generators (VSQGs)?

VSQGs are not subject to federal reporting and recordkeeping requirements, including notification, biennial reporting, and manifest requirements. Sections 262.10(a)(1)(i) and 262.14 of 40 CFR set forth the standards for very small quantity generators in the federal regulations. However, some states may have more stringent requirements for VSQGs. You should contact your state environmental agency for guidance on VSQG notification and recordkeeping requirements. A list of state hazardous waste programs and environmental agency web sites is located here.

Used Oil

1. What regulatory standards apply to mixtures of used oil and very small quantity generator (VSQG) hazardous waste?

Learn more about used oil here.

Mixtures of used oil and VSQG hazardous waste are subject to regulation as used oil in part 279 (section 279.10(b)(3)).

Recent Rule Changes

  1. What revisions did EPA finalize in the 2016 Hazardous Waste Generator Improvements Rule? When will the rule become effective and how will it be affected by state authorization?
  2. Where can I find more information about EPA’s 2018 final rule on the management of hazardous waste pharmaceuticals by healthcare facilities and reverse distributors?

1. What revisions did EPA finalize in the 2016 Hazardous Waste Generator Improvements Rule? When will the rule become effective and how will it be affected by state authorization?

On November 28, 2016, EPA published the Hazardous Waste Generator Improvements Final Rule. This rule revises the hazardous waste generator regulations to make the rules easier to understand, facilitate better compliance, provide greater flexibility in how hazardous waste is managed, and close important gaps in the regulations. Two key provisions where EPA is finalizing flexibility are:

  1. Allowing a hazardous waste generator to avoid increased burden of a higher generator status when generating episodic waste provided the episodic waste is properly managed and
  2. Allowing a very small quantity generator (VSQG) to send its hazardous waste to a large quantity generator under control of the same person.

The rule also improves hazardous waste risk communication and emergency management requirements and provides a number of clarifications without increasing burden, including a reorganization of the hazardous waste generator regulations so that all of the generator regulations are in one place.

This final rule is effective federally as of May 30, 2017. This rule finalizes regulations that amend certain sections of the hazardous waste generator regulations in 40 CFR parts 260 through 265, 268, 270, 273, and 279. These regulations were promulgated under non-Hazardous and Solid Waste Amendment (HSWA) of 1984 authority. Thus, the standards will be applicable on the effective date only in those states that do not have final authorization of their base Resource Conservation and Recovery Act (RCRA) programs. Moreover, authorized states are required to modify their programs only when EPA promulgates federal regulations that are more stringent or broader in scope than the authorized state regulations. For those changes that are less stringent, states are not required to modify their programs. A discussion of the revisions made by this rule and whether they are more or less stringent is available on page 85801 of the final rule. Information about a state’s adoption status and their plan to incorporate these revisions is available from the state hazardous waste program. A list of state hazardous waste programs is available.

2. Where can I find more information about EPA’s 2018 final rule on the management of hazardous waste pharmaceuticals by healthcare facilities and reverse distributors?

You can find more information about the final rule and management of pharmaceutical waste at the following web sites:

Notification: Discharging Hazardous Waste to a POTW

  1. What regulations prevent a hazardous waste from being discharged down the drain to a Publicly-Owned Treatment Works (POTW)?

1. What regulations prevent a hazardous waste from being discharged down the drain to a Publicly-Owned Treatment Works (POTW)?

Between RCRA and the Clean Water Act, there are a number of regulations that prevent hazardous waste from being discharged down the drain to a POTW. 

With respect to RCRA, Part 266 Subpart P prohibits sewering hazardous waste pharmaceuticals. While the sewer prohibition legally applies only to healthcare facilities and reverse distributors with respect to hazardous waste pharmaceuticals, EPA strongly discourages sewering of any pharmaceutical in any setting (with few exceptions, as noted in Question #1 of the Sewer Ban section in the Hazardous Waste Pharmaceuticals FQs).

Furthermore, there are Clean Water Act regulations that place limits on discharges by Industrial Users (IUs).

First, EPA has Effluent Guidelines and Standards for specific industries at 40 CFR Parts 425-471, which address CWA discharges of pollutants associated with each specific industry. The effluent guidelines apply to industrial users with any amount of discharges; there is no exemption for de minimis amounts of discharges.

Second, the Clean Water Act regulations contain several discharge prohibitions (sewer bans) of what otherwise would be classified as hazardous wastes that apply to industrial users (e.g., liquid ignitable D001 hazardous wastes and some D002 and D003 hazardous wastes) under 40 CFR section 403.5(b) (Refer to Question #9 of the Sewer Ban section in the Hazardous Waste Pharmaceuticals FQs.)

Third, the Clean Water Act regulations require industrial users to report discharges of what would otherwise be classified as hazardous waste (refer to Office of Water fact sheet):

40 CFR 403.12(p)(2) …Discharge of more than fifteen kilograms of non-acute hazardous wastes in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires a one-time notification.

This latter notification does not mean that the hazardous discharge to the (POTW) is authorized. To ensure that the industrial user carries out its obligations to implement “a program in place to reduce the volume and toxicity of the hazardous wastes” (refer to 40 CFR 403.12(p)(4)) and other applicable regulations, the POTW could include such provisions in the permit:

  • Prohibition of the discharge
  • Effluent guidelines (e.g., for pharmaceutical manufacturers)
  • Local limits (which may include Best Management Practices for the reduction or elimination of the waste, or specific conditions regarding its disposal).

Therefore, industrial users must get approval from their POTW before intentionally discharging anything that would otherwise be classified as hazardous waste.

Finally, as a best practice, EPA recommends that anyone wishing to discharge hazardous waste to a publicly owned treatment works (POTW) should contact the POTW before doing so.

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Last updated on June 24, 2024