United States
Environmental Protection
Agency
Office of
Public Awareness (A-107)
Washington DC 20460
April 1980
2nd editior
SW-839
c/EPA
Hazardous Wastes
Information
Generators
Rules for
Generators of
Hazardous
Wastes
The Resource Conservation and Recovery Act of 1976 (RCRA) requires
the U.S. Environmental Protection Agency (EPA) to institute a national
program to control hazardous waste. Specific regulations for carrying
out RCRA are set forth in the Code of Federal Regulations (40 CFR
Parts 260 to 265 and 122 to 124). The program becomes effective 6 mont
following promulgation of the regulation identifying and listing hazardous
waste (Part 261). This regulation includes a list of waste sources, waste
streams, and some specific wastes that are hazardous, as well as four
characteristics of a hazardous waste: ignitability, corrosivity, reactivity,
and toxicity as determined by a specified extraction procedure (referred
to in the regulation as "extraction procedure toxicity").
The keystone of the program is control of hazardous waste from point
of generation through treatment, storage, and ultimate disposal via trans-
portation manifests and reporting. The control system starts when those
engaged in generating, transporting, treating, storing, or disposing of
hazardous waste notify EPA as required by section 3010 of RCRA. After
receiving notification, EPA assigns an identification number to the notific
Anyone engaged in transporting, treating, storing, or disposing of hazardo'
waste who does not notify EPA during the 90-day period following the
promulgation of the regulation identifying hazardous wastes may not
begin or continue operation after the effective date of the regulations
without obtaining an EPA identification number.
The regulation (40 CFR Part 262) issued under section 3002 of RCRA
requires a generator of hazardous waste to:
determine if its waste is hazardous by consulting the list of hazard-
ous wastes contained in the regulation or, if the waste is not listed,
by determining if it possesses any one of four characteristics establishe
in the regulation (ignitability, corrosivity, reactivity, or toxicity).
Or, the generator may declare the waste to be hazardous^ based upon
knowledge of the materials or processes used in producing the waste.
obtain an EPA identification number
obtain a facility permit if waste is accumulated on the generator's
property more *han 90 days
use appropriate containers and label them properly for shipment
prepare a manifest for tracking hazardous waste
assure, through the manifest system, that the waste arrives at the
designated facility
submit an annual summary of activities
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Notification
Requirement
EPA Identification
System
Waste Leaving
the Generator's
Property
The Manifest
Operation
of the
Manifest System
Waste Remaining
on the
Generator's
Property
Anyone who generates, transports, treats, stores, or disposes of hazardous
waste is required to notify EPA within 90 days of promulgation of the
identification regulation. Notification should be filed with the Regional
Administrator for the EPA region in which the installation is located.
A generator who notifies EPA during the 90-day period following promul-
gation of the identification regulation receives an identification number.
New generators (those not generating hazardous waste during this 90-
day period) must obtain an identification number within 90 days of beginning
operation; requests for an identification number should be submitted
to the appropriate EPA regional office.
For waste leaving the site where it was generated, the generator must:
use only transporters with identification numbers
prepare a manifesta shipping formfor all movements of hazardous
waste sent to off-site treatment, storage, or disposal facilities
keep records of these shipments
report shipments that do not reach the facility designated on the
manifest
A generator of hazardous waste is responsible for preparation of a
manifest containing:
name and address of the generator
names of all transporters
name and address of the permitted facility designated to receive
the waste. (An alternate facility may be designated if an emergency
prevents use of the first facility.)
EPA identification numbers of all who handle the waste
U.S. Department of Transportation (DOT) description of the waste
quantity of waste and number of containers
the generator's signature certifying that the waste has been properly
labeled, marked, and packaged in accordance with DOT and EPA
regulations
The generator signs the certification on the manifest, including one
copy for each person handling the waste. The transporter then signs
and dates the manifest and returns one copy to the generator, who retail
it until a copy is received from the designated facility following delivery
of the waste.
Generators who accumulate waste on their property more than 90 days
are considered to be '"storing" waste, and are required to obtain a facility
permit, under section 3005 of RCRA. The date accumulation began must
be clearly marked on the container.
A generator who treats, stores, or disposes of waste on site will be
subject to requirements under sections 3004 and 3005 of RCRA.
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