EPA has finalized a rulemaking that made several changes to the hazardous waste generator regulations. The information on this page has been updated to reflect these changes. Check out the new rule now.
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. 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. Additionally, hazardous waste generators should check with their state regulatory agency because certain states have additional or more stringent requirements than the federal government.
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, and
≤1 kg/month of acute hazardous waste, and
≤100 kg/month of acute spill residue or soil
≥1,000 kg/month, or
>1 kg/month of acute hazardous waste, or
>100 kg/month of acute spill residue or soil
EPA ID Number
Acquire a unique EPA identification number that identifies generators by site.
On-Site Accumulation Quantity
Determine amount of hazardous waste generators are allowed to "accumulate" on site without a permit.
≤1,000 kg or
≤1 kg acute hazardous waste or
≤100 kg of acute spill residue or soil
Accumulation Time Limits
Determine amount of time hazardous waste is allowed to accumulate on site.
≤180 days or
≤270 days (if transporting greater than 200 miles)
Accumulation Requirements
Manage hazardous waste in compliance with certain technical standards.
Basic requirements with technical standards for containers, tanks, drip pads or containment buildings
Full compliance for management of containers, tanks, drip pads or containment buildings
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.
Basic training required
Contingency Plan and Emergency Procedures
Develop procedures to follow during an unplanned major event.
Basic planning required
Full plan required
Part 262 subpart M
(from §262.17(a)(6))
Preparedness and Prevention
Develop procedures to follow in the event of an emergency.
Part 262 subpart M
(from §262.17(a)(6))
Air Emissions
Control hazardous air emissions from tanks and containers
Land Disposal Restrictions
Meet standards for placing on the land and associated requirements for certifications, notifications, and waste analysis plans
Manifest
Tracking hazardous waste shipments using the multiple-copy manifest - required by the Department of Transportation (DOT) and EPA
Waste Minimization
Certify steps taken to reduce or eliminate the generation of hazardous waste
Good faith effort required
Program in place required
Pre-Transport Requirements
Package and label hazardous waste for shipment off site to a RCRA facility for treatment, storage, or disposal
Only if required by the DOT or the state
Biennial Report
Report data from off-site shipments of waste during the previous calendar year
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
Recordkeeping
Maintain records of waste testing, manifests, biennial reports and exception reports
Required (except biennial reports)
§262.11(f) and §262.40(a) and (d)
Facility Type
Send off-site shipments to appropriate facilities for management
Facilities noted in §§262.14(a)(5)
RCRA permitted/interim status facility
RCRA permitted/interim status facility
Closure
Close equipment, structures, soils and units by meeting specified performance standards and disposal and decontamination requirements
Required for tanks, drip pads and containment buildings
- Tanks only §262.16(b)(3)(vi)
Unit specific Part 265, subpart W and DD for drip pads and containment buildings
- Unit specific Part 265, subpart W for drip pads