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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