Environmental Protection
Agency
and Emergency Response!
Washington, DC 20460
SW-839
SEPA
Solid Waste
Hazardous Waste Information
GENERATORS
RULES FOR GENERATORS
OF HAZARDOUS WASTE
Notification and EPA
Identification Number
U.S. Environmental Protection
Region V, Library
230 South Dearborn Street
Chicago lihnc.s 60604
On May 19, 1980, regulations to establish a national
system to identify and control waste deemed hazardous were
promulgated by the U.S. Environmental Protection Agency.
EPA was directed by Congress to develop and implement this
system under the Resource Conservation and Recovery Act of
1976 (RCRA), Public Law 94-580, as amended. The goal of the
program is to control hazardous waste from the time it is
generated through transportation, treatment, storage, and
ultimate disposal.
The regulations developed under RCRA appear in the Code
of Federal Regulations in Parts 260 through 267 and 122
through 124.
The standards for generators, found in Part 262 of the
CFR, were issued under section 3002 of RCRA. This regulation
requires generators of hazardous waste to:
.'
o determine if their waste is hazardous by consulting
the lists of hazardous wastes contained in the regu-
lation or, if the waste is not listed, by determining
if it possesses any one of four characteristics spe-
cified in the regulation (ignltability, corrosivity,
reactivity, or EP toxicity); or, the generator may
declare the waste to be hazardous based upon knowledge
of the materials or processes used in producing the
\ waste;
o obtain an EPA identification number;
o obtain a treatment, storage, or disposal facility per-
mit if waste is accumulated on the generator's propert;
more than 90 days;
o use appropriate containers and mark and label them
properly for shipment;
o prepare a manifest for tracking the waste;
o assure, through the manifest system, that the waste
arrives at the facility designated by the generator.
Generators of hazardous waste are required by RCRA to
notify EPA of their activities. Following notification, they
receive an EPA identification number. Requests for an iden-
tification number are submitted to the appropriate EPA Region;
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Waste Leaving the
Generator's Property
The Manifest
Waste Accumulated
on the Generator's
Property
Exemption for
Small-Quantity
Generators
For waste leaving the site where it was generated, the
generator must:
o use only transporters with identification numbers;
o prepare a manifest for all hazardous waste sent to off-
site treatment, storage, or disposal facilities;
o properly label, mark, and package the waste according
to EPA and U.S. Department of Transportation (DOT)
regulations;
o keep records of these shipments;
o report shipments that do not reach the facility desig-
nated on the manifest.
Generators of hazardous waste are responsible for prepar-
ing a manifest to track the waste. The manifest contains:
o names of all transporters;
o name and address of a facility (in Interim status or
having a permit) designated to receive the waste. (An
alternate facility may be designated should an emer-
gency prevent use of the first facility.)
o EPA identification numbers of all who handle the waste;
o DOT description of the waste;
o quantity'of waste and number of containers;
o the generator's signature certifying that the waste has
been properly labeled, marked,-and packaged in accord-
ance 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 retains it until a copy is received
from the designated facility following delivery of the waste.
Generators who accumulate waste on their property for more
than 90 days are considered to be "storing" waste and must com-
ply with the interim status standards under Part 265. They are
also subject to the permit requirements under Part 122 of EPA's
consolidated permit regulations. The date accumulation began
must be clearly marked on the containers of waste.
A small-quantity generator's wastes are excluded from full
regulation, provided the wastes are disposed of in the pre-
scribed way. The generator may treat or dispose of the waste in
an onsite facility or ensure that it is delivered to an offsite
facility any of which—either onsite or offsite—must be one of
the following:
o permitted to manage hazardous waste by EPA or by
a State with a hazardous waste management program
authorized by EPA;
o in interim status under the Federal hazardous waste
program;
U,S.
onmental Protection A3encV
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o permitted, licensed, or registered by a State to
manage municipal or industrial solid waste;
o a facility that uses, reuses, recycles, or reclaims
the waste.
To qualify for the small-quantity generator exclusion,
generators must determine:
o if they generate a total of less than 1,000 kilograms
(2,200 pounds) of hazardous waste in any one calendar
month or
o if the waste is beneficially used or reused or legit-
-THJ. imately recycled or reclaimed.
Provisions concerning the small-quantity generator exclu-
sion are found in Section 261.5 of the regulation that iden-
tifies hazardous waste.
Generators of "Acutely" It is important to note that acutely hazardous waste
Hazardous Waste (listed in Section 261.33(e)) generated in excess of 1 kilo-
gram in a calendar month is fully regulated even when it is
produced by a small-quantity generator.
U.S. Eny;:"v:rr:--:'-.-! Protection Agency
Reg'o. /, :•-.: y
230 f,.-n.-'- •.•inborn Street
Cni-^.iD, Sn.nois 60504
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