Hazardous Waste Generator Regulatory Summary

The Resource Conservation and Recovery Act (RCRA) regulations establish basic hazardous waste management standards for persons who produce hazardous waste, called hazardous waste generators. These standards are found in title 40 of the Code of Federal Regulations (CFR) in part 262 and at 40 CFR §261.5. The generator regulations ensure that hazardous waste is appropriately identified and handled safely to protect human health and the environment, while minimizing interference with daily business operations.

The table below provides a summary of requirements for each class of hazardous waste generator. This is not an exhaustive list of all of the requirements for generators and should be used as just a guide. Generators are responsible for all applicable requirements in 40 CFR part 262 for small quantity generators (SQGs) and large quantity generators (LQGs) and 40 CFR §261.5 for conditionally exempt small quantity generators (CESQGs). Additionally, hazardous waste generators should check with their state regulatory agency because certain states have additional or more stringent requirements than the federal government.

Requirement	Conditionally Exempt Small Quantity Generators	Small Quantity Generators	Large Quantity Generators
Quantity Limits The amount of hazardous waste generated per month determines how a generator is categorized and what regulations must be complied with.	≤100 kg/month ≤1 kg/month of acute hazardous waste ≤100 kg/month of acute spill residue or soil §§261.5(a) and (e)	>100 <1,000 kg/month §262.34(d)	≥1,000 kg/month >1 kg/month of acute hazardous waste >100 kg/month of acute spill residue or soil §262.34(a)
EPA ID Number Acquire a unique EPA identification number that identifies generators by site.	Not required	Required §262.12	Required §262.12
On-Site Accumulation Quantity Determine amount of hazardous waste generators are allowed to "accumulate" on site without a permit.	≤1,000 kg ≤1 kg acute ≤100 kg of acute spill residue or soil §§261.5(f)(2) and (g)(2)	≤6,000 kg §262.34(d)(1)	No limit
Accumulation Time Limits Determine amount of time hazardous waste is allowed to accumulate on site.	None	≤180 days or ≤270 days (if transporting greater than 200 miles) §§262.34(d)(2) and (3)	≤90 days §262.34(b)
Accumulation Requirements Manage hazardous waste in compliance with certain technical standards.	None	Basic requirements with technical standards for tanks or containers §§262.34(d)(2) and (3)	Full compliance for management of tanks, containers, drip pads, or containment buildings §262.34(a)
Personnel Training Ensure appropriate personnel complete classroom or on-the-job training to become familiar with proper hazardous waste management and emergency procedures for the wastes handled at the facility.	Not required	Basic training required §262.34(d)(5)(iii)	Required §265.16 from §262.34(a)(4)
Contingency Plan and Emergency Procedures Develop procedures to follow during an unplanned major event.	Not required	Basic plan required §262.34(d)(5)(i-iv)	Full plan required Part 265 subpart D from §262.34(a)(4)
Preparedness and Prevention Develop procedures to follow in the event of an emergency.	Not required	Required Part 265 subpart C from §262.34(d)(4)	Full plan required Part 265 subpart C from §262.34(a)(4)
Air Emissions Control hazardous air emissions from tanks and containers	Not required	Not required	Required Part 265 subparts AA, BB and CC from §262.34(a)(1)(i)
Land Disposal Restrictions Meet standards for placing on the land and associated requirements for certifications, notifications, and waste analysis plans	Not required	Required Part 268 from §262.34(d)(4)	Required Part 268 from §262.34(a)(4)
Manifest Tracking hazardous waste shipments using the multiple-copy manifest (required by DOT and EPA)	Not required	Required Part 262 subpart B	Required Part 262 subpart B
Waste Minimization Certify steps taken to reduce or eliminate the generation of hazardous waste	None	Good faith effort required §262.27	Program in place required §262.27
Pre-Transport Requirements Package and label hazardous waste for shipment off site to a RCRA facility for treatment, storage, or disposal	Yes (if required by DOT)	Required §§262.30-262.33	Required §§262.30-262.33
Biennial Report Report data from off-site shipments of waste during the previous calendar year	Not required	Not required	Required §262.41
Exception and Additional Reporting Report if any required copies of signed manifests are not received back Provide information on quantities and disposition of wastes upon request	Not required	Required §§262.42(b) and 262.43	Required §§262.42 and 262.43
Recordkeeping Maintain records of manifests, biennial reports, exception reports and waste testing	Not required	Required §262.40(a), (c), and (d)	Required §262.40
Facility Type Send off-site shipments to appropriate facilities for management	Facilities noted in §§261.5(f)(3) and (g)(3)	RCRA permitted/interim status facility Parts 264/265, 266/267 and 270	RCRA permitted/interim status facility Parts 264/265, 266/267 and 270
Closure Close equipment, structures, soils and units by meeting specified performance standards and disposal and decontamination requirements	Not required	Required - tanks only §265.201(f)	Required - General §§265.111(a) and 265.114 from §262.34(a)(1)(iv) - Unit specific Part 265, subparts I, J, W, and DD

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Hazardous Waste Generator Regulatory Summary

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