SEFft
United States
Environmental Protection
Agency
Office of the
Administrator
(2131)
EPA 233-B-00-002
May 2000
LITTLE KNOWN BUT
ALLOWABLE WAYS TO
DEAL WITH
HAZARDOUS WASTE
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Little Known
But Allowable Ways to
Deal with Hazardous Waste
U.S. Environmental Protection Agency
Small Business Division
Washington, DC
May 2000
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NOTICE
This document has been prepared to assist those responsible for administer-
ing or improving hazardous waste management programs at small businesses.
The document provides information related to allowable ways to manage
hazardous waste on site. It does not prescribe in detail all required factors
and considerations for hazardous waste or other environmental manage-
ment programs.
The U.S. Environmental Protection Agency (EPA) does not make any guar-
antee or assume any liability with respect to the use of any information or
recommendations contained in this document. It is recommended that us-
ers of this document requiring additional information or advice consult a
qualified professional.
ACKNOWLEDGEMENTS
This document was prepared under the direction of the U.S. Environmental
Protection Agency's (EPA) Small Business Division. There were numer-
ous reviewers from government and private organizations. Additionally,
many state representatives provided important advice and/or reference ma-
terials.
SUGGESTED IMPROVEMENTS
Although every reasonable effort was made to make this document useful
to small businesses, it is recognized that additional improvements are al-
ways possible. Comments and suggested improvements on this document
are welcome and should be directed to:
U.S. Environmental Protection Agency
Small Business Division
MC2131
401 M Street, SW
Washington, DC 20460
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INTRODUCTION
Hazardous waste management and off-site disposal can be challenging and
expensive for small businesses. But not all hazardous waste must be shipped
off site for treatment or disposal. The EPA has identified a number of al-
lowable ways that small businesses can minimize their hazardous waste on
site. This document provides information on five of these methods. They
are:
• Domestic Sewage Exclusion;
• Elementary Neutralization;
• Recycling;
• Treatment in Accumulation Containers; and
• Burning in Small Boilers and Industrial Furnaces
EPA has delegated authority to each state to implement and enforce major
portions of the hazardous waste management program. Some state require-
ments relative to these hazardous waste minimization methods may be more
stringent than the Federal requirement.
This Guide should provide you with the information you need to answer the
question of whether any of these methods will work for you. The Guide
contains two principal sections. This introduction provides background
information on the purpose of the Guide, a brief overview of the EPA Haz-
ardous Waste Program as it applies to small businesses, and a summary of
the five EPA allowed hazardous waste minimization methods identified
above.
The second section is a state-by-state review of these allowable ways to
minimize hazardous waste. The section provides summary information for
each state including their definition of hazardous waste, allowances for each
of the five EPA allowed waste minimization methods, and information on
special state hazardous waste management program considerations.
It should be noted that state requirements do not apply to small businesses
located in Indian Country because states do not have jurisdictions in these
areas. In these situations, the appropriate Tribal government, rather than
the state, should be contacted to ensure their regulations are not more strin-
gent than those of the EPA.
If after reviewing the information contained in this Guide, it looks like any
of the five waste minimization methods could be effective at your facility,
you should conduct further research at both the Federal and state level to
confirm their allowance and understand the specific operational require-
ments. Information on whom to call and where to get further information at
each state is provided in the State-by-State section of the Guide. Small
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businesses should remember that the waste minimization methods described
in this Guide should only be conducted as part of a comprehensive hazard-
ous waste management program that addresses all regulatory requirements.
Hazardous Waste Program Description
Definition of "Hazardous Waste": EPA defines "hazardous waste" in 40
CFR 261. EPA specifies that wastes can be hazardous because they appear
on one of the four lists or because they exhibit a particular hazardous char-
acteristic. Listed and characteristic hazardous wastes are identified using
codes consisting of one letter followed by three digits.
Often, for small businesses, the most relevant listings are those for spent
solvents (a portion of the F-list) and discarded commercial chemical prod-
ucts (known as the P- and U-lists). Spent solvents on the F-list are desig-
nated by the codes FOO1, F002, F003, F004 and F005 and include common
solvents such as acetone, methanol, methylene chloride, toluene, and xy-
lene. The P- and U-lists apply to unused, discarded commercial chemical
products with a sole-active ingredient on one of the two lists. Typical P- and
U-listed wastes are expired or unused chemicals or wastes from cleaning up
spills of unused chemicals. P-listed wastes are special in that they are known
as "acutely hazardous wastes." The K-list specifies various industrial pro-
cess wastes.
There are four hazardous waste characteristics: ignitability, corrosivity, re-
activity and toxicity. Ignitable wastes are generally liquids with a flash
point below 140°F Nonchlorinated solvent wastes are usually ignitable
and, sometimes, also F-listed. Corrosive wastes are aqueous solutions with
a pH < 2 or > 12.5. Reactive wastes are those that are unstable, explosive,
water reactive, or can generate toxic cyanide or sulfide fumes. Toxic wastes,
denoted by the codes D004 through D043, contain toxic constituents (e.g.,
herbicides, toxic organic compounds, heavy metals) that, when subjected to
the toxicity characteristic leaching procedure (TCLP), are likely to leach
hazardous concentrations.
In addition to the four federal hazardous waste lists and four federal hazard-
ous waste characteristics, state regulators sometimes add wastes to their
state definition of hazardous waste. Often these wastes are added in the
form of additional "state lists" and include wastes such as waste oils and
polychlorinated biphenyls. Although it is less common, state regulators
sometimes add additional characteristics or modify the federal characteris-
tics to broaden the scope of waste subject to regulation as hazardous waste.
Hazardous Waste Generator Status: EPA sets varying requirements for three
classes of generators: large quantity generators (LQGs), small quantity gen-
erators (SQGs), and conditionally exempt small quantity generators
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(CESQGs). Often, states define generator status differently and set more
stringent requirements. Generators are defined by site; so, your hazardous
waste gets counted along with all other hazardous waste generated at the
site in order to determine generator status. Sites generating not more than
100 kg of hazardous waste per month are CESQGs and are subject to very
minimal regulation (in most states). Sites that generate >100 kg and <1,000
kg of hazardous waste per month are SQGs. Those sites generating more
are LQGs. Also, any site that accumulates more than 1 kg of acutely haz-
ardous waste is a LQG.
SQGs and LQGs must obtain EPA generator identification numbers and
comply with numerous requirements. When waste is accumulating at the
point that it was generated is said to be in a "satellite accumulation area"
(S AA) and must be placed in containers that are in good condition, compat-
ible with the waste, and labeled as to the contents. Satellite accumulation is
limited to one quart of acutely hazardous waste (e.g., P-listed waste) or 55
gallons of hazardous waste. Once the waste is moved from the SAA it is
marked with the date and placed in a designated accumulation area with
equipment to handle emergencies such as a release or fire. Also, plans for
handling such emergencies must be developed and distributed. Waste man-
agement personnel must receive RCRA training annually. SQGs can accu-
mulate waste on site for up to 180 days or 270 days if it is to be transported
over 200 miles for disposal; while LQGs can accumulate waste for up to 90
days.
Regulatory Allowances for On-Site Waste Minimization
EPA mandates that generators attempt to minimize the volume and toxicity
of their waste. EPA prefers that generators eliminate waste generation through
source reduction - source reduction is synonymous with pollution preven-
tion (P2) and includes any activity that reduces or eliminates the generation
of hazardous waste at the source. EPA specifies that when source reduction
is not feasible then, when possible, waste should be recycled or treated to
reduce the volume and toxicity of the waste. From a practical perspective,
there are substantial incentives for source reduction and waste minimiza-
tion; for example avoiding the high costs of disposing of hazardous waste
and limiting liability concerns.
Certainly small businesses should look for source reduction opportunities
(e.g., through careful chemical purchasing and inventory control, substitu-
tion of hazardous chemicals with less hazardous replacements, etc.). In
addition, generators can sometimes treat their hazardous waste to reduce
the volume or toxicity of the waste. Typically, small businesses do not have
permits for treatment, storage or disposal of hazardous wastes since the
RCRA permitting process is very burdensome and costly. However, RCRA
does contain provisions for treating and disposing of hazardous waste on-
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site without a permit.
On-Site Disposal: As for disposal, there is an allowance that provides for
certain wastes to be disposed of down the drain, even if they may be hazard-
ous. In writing its RCRA regulations, EPA wanted to avoid double regula-
tion of wastewaters that are subject to the Clean Water Act. Specifically,
wastes that are mixed with domestic sewage and discharged to a publicly-
owned treatment works (POTW) are not regulated under RCRA (see 40
CFR 261.4(a)(l)). This exclusion is commonly called the "domestic sew-
age exclusion" (DSE). Essentially, a small business tied to a POTW may
discharge waste down the drain as long as it is in compliance with all appli-
cable wastewater standards. Applicable wastewater standards typically in-
clude national pretreament standards (40 CFR 403.5), state limits and dis-
charge limits imposed by the POTW. In some cases, wastes that meet the
RCRA definition of hazardous may be acceptable for sewer disposal. Be
aware that hazardous waste stored prior to discharge is regulated and dilu-
tion of waste in order to meet discharge limits is usually unacceptable.
The DSE is limited in its applicability. There are no other means of on-site
disposal of hazardous waste available to hazardous waste generators.
On-Site Treatment: EPA and many states provide several regulatory exclu-
sions that allow generators to treat of hazardous waste without a permit.
Some of these treatment exclusions may be useful in furthering waste re-
duction efforts. Treating hazardous waste on-site in ways other than pro-
vided for in the regulatory exclusions subjects generators to extremely high
fines (e.g., up to $50,000 per day) and possible criminal penalties (i.e., jail
time). Before treating hazardous waste on site, generators must be abso-
lutely sure that the treatment they are considering is allowed without a RCRA
permit. In addition, generators must ensure that they have proper proce-
dures, equipment and skilled employees to conduct treatment safely and
effectively on-site.
EPA's exclusions that allow generators to treat hazardous waste on-site with-
out a permit are described below.
0 Elementary EPA and most state authorities clearly allow elemen-
Neutralization tary neutralization (i.e., pH adjustment) of hazardous
wastes. Elementary neutralization units (as defined
in 40 CFR 260.10) may be used to neutralize D002
(corrosive) wastes without any worry of RCRA per-
mitting requirements. Two important points to remem-
ber are (1) elementary neutralization only refers to pH
adjustment, and (2) neutralized waste should only be
discharged down the drain if it meets all applicable
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discharge standards (i.e., local, state and EPA limits).
0 Recycling
0 Treatment in
Accumulation
Containers
0 Small Boilers
and Industrial
Furnaces
EPA allows generators to recycle hazardous wastes
without a TSDF permit. In its regulations, EPA states
that a material is "recycled" if it is used, reused or
reclaimed (40 CFR 261.1). A material is "used or
reused" if it is either (1) employed as an ingredient to
make a product, or (2) employed in a particular func-
tion as an effective substitute for a commercial prod-
uct. A material is "reclaimed" if it is processed to
recover a useful product or if it is regenerated. Al-
though EPA considers recycling a form of treatment,
it does not require recyclers to obtain a treatment per-
mit. In 40 CFR 261.6(c)(l), EPA states that "the re-
cycling process is exempt from regulation." Genera-
tors may be able to take advantage of this exemption
by distilling solvents, reclaiming precious metals (e.g.,
silver) from solutions, or precipitating metal salts.
Generators may treat hazardous wastes in accumula-
tion containers without obtaining a RCRA treatment
permit provided the containers are managed in com-
pliance with EPA's container management standards
in 40 CFR Part 265, Subpart I. EPA clearly states this
exemption in its Federal Register notice issued March
24, 1986 (51 FR 10168) as well as in subsequent FR
notices and interpretive memos. Examples of treat-
ment in accumulation containers include precipitat-
ing heavy metals from solutions, and oxidation/reduc-
tion reactions. Remember, treatment residues may still
require management as a hazardous waste and, resi-
dues destined for land disposal are subject to land dis-
posal restriction (LDR) treatment standards (40 CFR
268).
The "small-quantity on-site burner exemption" (40
CFR 266.108), which is part of the Boiler and Indus-
trial Furnace (BIF) regulations, allows hazardous waste
generators (small or large quantity) to burn small quan-
tities of hazardous waste in an on-site boiler without a
permit. The quantity of waste that can be burned on-
site is determined by the "terrain-adjusted stack height"
as described in the regulation and the boiler's total
fuel requirement. Some additional restrictions apply
to the properties of waste that can be burned (i.e., Btu
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value) and small businesses taking advantage of this
allowance are subject to simple notification and
recordkeeping requirements. Before burning hazard-
ous waste on site, consult not only with the state regu-
lators: both the hazardous waste agency and the air
pollution control agency.
A 0 symbol adjacent to a specific regulatory allowance means that it is
available in that state. A HI symbol means it is not available or there are
special provisions.
Special Considerations
In this section, the authors attempt to point out state regulations that are
different and more stringent than EPA's regulations and may impact small
businesses.
State Contact Information
Contact with state regulators is essential since, in every state except Alaska,
Iowa and Hawaii (as of this writing), EPA has delegated authority to each
state to implement and enforce major portions of the hazardous waste man-
agement programs. Inorderto receive authorization from EPA, states' haz-
ardous waste management regulations must be at least as stringent as EPA's
hazardous waste regulations. Still, one must keep up with the EPA regula-
tions since EPA regularly publishes new hazardous waste management regu-
lations that are enforceable by EPA until they are included in a given state's
hazardous waste regulations. The state authorization process is ongoing
and can be difficult to track. Generators need to check with their states to
understand what portions of the hazardous waste program are operated and
enforced by state authorities and what portions EPA enforces.
Relevant state hazardous waste contact information is presented in the
shaded box. In all cases, this information includes an Internet address
for the state agency with authority for the hazardous waste program. In
addition, state hazardous waste regulations are cited and information
concerning where the regulations canbe obtained is presented. In most
cases, state hazardous waste regulations are available on the Internet
and the specific Website address for the regulations is listed.
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Alabama
Hazardous Waste Program Description
Definition of "Hazardous Waste": Same as federal (see 335-14-2).
Hazardous Waste Generator Status: Same as federal (see 335-14-2 and 335-
14-3).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion See 335-14-2-.01(4)(a)(l).
0 Elementary Neutralization See 335-14-8-.01(l)(c)(2)(v).
0 Recycling See 335-14-2-.01(6)(a).
HI Treatment in Accumulation Not allowed except limited
Containers allowances for evaporation (per
verbal interpretation and 335-14-8-
.01(c)(2)(viii), respectively).
0 Small Boilers and Industrial See 335-14-7-.08, similar to 40 CFR
Furnaces 266, Subpart H).
Special Considerations
• ADEM requires that generators follow a "pre-approval process" be-
fore sending hazardous waste off-site (see 14-3-08).
AL Department of Environmental Management
Hazardous Waste Branch
1400 Coliseum Blvd.
RO. Box 301463
Montgomery, AL 36110
Phone: 334/271-7735
http://www.adem.state.al.us
AL's hazardous waste regulations, Division 14, Alabama Administra-
tive Code, are available for a fee from ADEM's Legal Department,
334/270-5606, or can be accessed for free on the Internet at http://
www.adem.state.al.us.rdivl4.html..
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Alaska
Alaska has not received authorization from US EPA to operate its hazard-
ous waste program in lieu of the federal program. EPA's hazardous waste
program is enforced by EPA's Region X office which is located in Seattle,
WA. To contact EPA's Region X office, call 800/424-4372 from within
Alaska only, or 206/553-1200.
Hazardous Waste Program Description
Definition of "Hazardous Waste": Alaska adds to the federal RCRA haz-
ardous waste definition wastes with acute aquatic toxicity (96-hour LC50)
of less than 500 mg/1 (18 AAC 62.020).
Hazardous Waste Generator Status: Same as federal.
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion Incorporates 40 CFR 261 by reference
(see 18 AAC 62.020).
0 Elementary Neutralization Incorporates 40 CFR 270 by reference
(see 18 AAC 62.710).
0 Recycling Incorporates 40 CFR 261 by reference
(see 18 AAC 62.020).
0 Treatment in Accumulation Follows EPA interpretation.
Containers
0 Small Boilers and Industrial Incorporates 40 CFR 266 by reference
Furnaces (see 18 AAC 62.511).
Special Considerations
• Generators must send a copy of each hazardous waste manifest to
ADEC, which is postmarked before the waste is sent off site (18 AAC
62.230).
AK Department of Environmental Conservation
Compliance Assistance Office
Hazardous Waste Section
555 Cordova Street
Anchorage, AK 99501
Phone: 907/269-7591 or 800/510-2332 (AKonly)
http://www.state.ak.us/local/akpages/ENVCONSERV/home.htm
AK's hazardous waste regulations, Chapter 62 of the Alaska Adminis-
trative Code, Title 18, are available for free by calling ADEC or they
can be accessed for free on the Internet at http://www.state.ak.us/local/
akpages/ENV CONSERV/title 18/title 18 .htm.
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Arizona
Hazardous Waste Program Description
Definition of'Hazardous Waste": Same as federal. ADEQ incorporates 40
CFR 261 by reference (R18-8-261).
Hazardous Waste Generator Status: Same as federal. ADEQ has placed
additional requirements upon CESQGs (R18-8-261.H.)
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion Incorporates 40 CFR 261 by reference
(R18-8-261).
0 Elementary Neutralization Incorporates 40 CFR 270 by reference
(R18-8-270).
0 Recycling Incorporates 40 CFR 261 by reference
(R18-8-261).
0 Treatment in Accumulation Follows EPA interpretation.
Containers
0 Small Boilers and Industrial Incorporates 40 CFR 266 by reference
Furnaces (see R18-8-266).
Special Considerations
• Hazardous waste must register annually with ADEQ and submit a reg-
istration fee (R18-8-260M). Upon request of ADEQ, CESQGs may
be required to submit reports.
AZ Department of Environmental Quality
Hazardous Waste Inspections and Compliance Unit
3033 N. Central Ave.
Pheonix, AZ 85012
Phone: 602/207-4108
http://www.adeq.state.az.us/waste/hazwaste/index.htm
AZ's hazardous waste regulations, Chapter 8 of Title 18 of the Arizona
Administrative Code, are available for a fee from AZ Secretary of the
State, 602/542-4086, or an "unofficial" copy can be accessed for free
on the Internet at http://www.sosaz.com/public_services/Title_18/18-
08.pdf.
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Arkansas
Hazardous Waste Program Description
Definition of'Hazardous Waste": Same as federal, except Arkansas regu-
lates PCBs as hazardous wastes.
Hazardous Waste Generator Status: Same as federal.
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion Incorporates 40 CFR 261 (see Reg. 23
§ 261).
0 Elementary Neutralization Incorporates 40 CFR 270 (see Reg. 23
§ 270).
0 Recycling Incorporates 40 CFR 261(see Reg. 23
§ 261).
IS Treatment in Accumulation Follows EPA interpretation.
Containers
0 Small Boilers and Industrial Incorporates 40 CFR 266 (see Reg. 23
Furnaces § 266).
Special Considerations
• Generators must submit annual rather than biennial reports (Reg. 23 §
262.41) and Arkansas subjects SQGs (100 and 1000 kg per month) to
annual reporting requirements. Arkansas does exempt generators from
manifesting requirements when tolling arrangements have been made
(Reg. 23 § 262.13(g)). Reg. 23 § 262.24 contains additional require-
ments for generators regarding sending a return copy of each manifest
to ADEQ and submitting manifest weight discrepancies.
AR Department of Environmental Quality
Hazardous Waste Division
8001 National Drive
Little Rock, AR 72219-8913
Phone: (501) 682-0833
http://www.adeq.state.ar.us/hazwaste/main.htm
AR's hazardous waste regulations are in ADEQ's Regulation No. 23.
The regulations are largely a reprint of 40 CFR; language added by
ADEQ is in italics. Regulation No. 23 is available for $ 15 from ADEQ's
Public Affairs Office, 501/682-0916, or can be accessed for free on the
Internet at http://www.adeq.state.ar.us/regs/reg23 .htm.
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California
Hazardous Waste Program Description
Definition of "Hazardous Waste": Similar to federal but adds extremely
hazardous waste, special waste and non-RCRA hazardous waste (66261.110,
66260.120, and 662661.101, respectively).
Hazardous Waste Generator Status: CA recognizes LQGs, SQGs and
CESQGs. SQG requirements pertain to generators of less than 1,000 kg/
month of hazardous waste (22 CCR 66262). Provisions for CESQGs are
specified in the HSC (Section 25218).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion Recognizes 261.4 ow^for wastes that
do not exhibit a characteristic
(66261.4(b)(2)).
0 Elementary Neutralization See HSC 25200.3 and permit-by-rule
requirements (67450.11).
0 Recycling See 66261.6 and HSC 25143.2(c).
0 Treatment in Accumulation See 22 CCR 66450.11 and HSC
Containers 25123.5, 25200.3 and 25201.5. Sub-
ject to limitations.
0 Small Boilers and Industrial See 66266.108. Local air pollution
Furnaces control district regulations may apply.
Special Considerations
• Hazardous waste in satellite accumulation is subject to a one-year ac-
cumulation time limit (66262.43(e)(l)).
• Authorized household hazardous waste collection facilities may ac-
cept CESQG waste (HSC 25218.3).
• Special provisions for biotech firms, including an allowance for on-
site treatment, are included in the Medical Waste Management Act.
CA Department of Toxic Substance Control (DTSC)
Hazardous Waste Management Program
P.O. Box 806
Sacramento, CA 95812-0806
Phone: 916/324-1781 or 800/61-TOXIC (CA only)
http://www.dtsc.ca.gov/
CA hazardous waste regulations are in Title 22 of the California Code
of Regulations (22 CCR). Certain hazardous waste requirements are
only cited in the Health and Safety Code (HSC). 22 CCR and HSC are
available from the DTSC Website. Hardcopies of the CCR and HSC
are available for a fee from Barclays Law Publishers, 800/888-3600.
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Colorado
Hazardous Waste Program Description
Definition of "Hazardous Waste": Same as federal with addition of certain
chemical weapons agents to the P-list (see 1007-3 Part 261).
Hazardous Waste Generator Status: Same as federal (see 1007-3 Part 262).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion See 1007-3, Part 261.4(a)(l).
0 Elementary Neutralization See 1007-3, Part 100.10(a)(6).
0 Recycling See 1007-3, Part 261.6(c)(l).
0 Treatment in Accumulation Allowed with conditions, see 1007-3,
Containers Part 100.10(a)(l), also CDPHE's
"Treatment of Hazardous Waste by
Generators Guidance Document."
IS Small Boilers and Industrial CO has not yet adopted 40 CFR 266,
Furnaces Subpart H so EPA's BIF rule is in
effect. CO has special requirements
for "Solid Waste-to-Energy
Incineration Facilities," which may
apply.
Special Considerations
• Satellite accumulation provisions are more stringent for LQGs; see
1007-3 Part 262.34(c). Satellite accumulation provisions for SQGs are
spelled out in 1007-3 Part 262.34(g).
CO Department of Public Health and the Environment
Hazardous Materials and Waste Management Division
4300 Cherry Creek Drive South
Denver, CO 80246
Phone: 303/692-3322 or 888/569-1831 (CO only)
http://www.cdphe.state.co.us/environ.asp
CO's Hazardous Materials & Waste Management Division (HMWMD)
regulations are in Title 6 of the CO Code of Regulations (CCR) Section
1007-3, Parts 100 and 260 to 270. The regulations are available for
$40 from the Hazardous Waste Commission, 303/692-3467, or can be
accessed for free on the Internet at http://www.cdphe.state.co.us/
regulate.asp.
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Connecticut
Hazardous Waste Program Description
Definition of "Hazardous Waste": Incorporates 40 CFR 261 by reference
with a few changes (see 22a-449(c)-101). Under a separate program, CT
regulates certain non-RCRA wastes or "CT-regulated" wastes such as oil,
antifreeze, PCBs (>50 ppm), and asbestos.
Hazardous Waste Generator Status: CT largely incorporates EPA's genera-
tor requirements by reference; however, CT imposes more restrictive re-
quirements upon SQGs and CESQGs (see 22a-449(c)-102 and 101(b)). For
example, SQGs can accumulate only 1000 kg of hazardous waste on site at
any time.
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion Incorporates 40 CFR 261 by reference
(see22a-449(c)-101(a)).
0 Elementary Neutralization Incorporates 40 CFR 270 by reference
(see22a-449(c)-110).
HI Recycling Subject to registration and reporting
requirements and other requirements
imposed on a case-by case basis (see
22a-449(c)-101(c)).
0 Treatment in Accumulation Allowed (see CT DEP memo dated 107
Containers 3/91).
0 Small Boilers and Industrial Incorporates 40 CFR 266.108 by ref-
Furnaces erence (see 22a-449(c)-106(a)).
Special Considerations
• Hazardous waste containers at satellite accumulation areas must be
marked with the words "Hazardous Waste" (see 22a-449(c)-
102(a)(2)(E)).
CT Department of Environmental Protection
Bureau of Waste Management
79 Elm St.
Hartford, CT
Phone: 888/424-4193
http://dep.state.ct.us/
For a free copy of the CT Hazardous Waste Management Regulations
(22a-449(c)-100 through 110 and 22a-449(c)-ll), call the Compliance
Assistance Program at 888/424-4193. Relevant sections of the CT
General Statutes can be accessed for free on the Internet at http://
www.cslib.org/statutes/title22a/t22a-p9.htnrfll.
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Delaware
Hazardous Waste Program Description
Definition of 'Hazardous Waste": Same as federal.
Hazardous Waste Generator Status: Same as federal.
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion DE regulations mirror 40 CFR
0 Elementary Neutralization Allo wed under DE regulations (264.1
(g)and265.1(c)).
IS Recycling Notallowed(261.6(c)(l)isdifferentin
DE regulations).
0 Treatment in Accumulation Follows EPA interpretation.
Containers
0 Small Boilers and Industrial DE regulations mirror 266. 108.
Furnaces
Special Considerations
• For CESQGs, hazardous waste disposal regulations are more stringent
then federal regulations.
DE Department of Natural Resources and Environmental Control
Air and Waste Management Division
Solid and Hazardous Waste Branch
89 Kings Hwy.
Dover, DE 19901
302/739-3689
http://www.dnrec.state.de.us/
The "DE Regulations Governing Hazardous Waste" closely resemble
EPA's RCRA regulations and are available from the Hazardous Waste
Branch for $45. The regulations are not presently available through the
Internet.
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District of Columbia
Hazardous Waste Program Description
Definition of "Hazardous Waste": Similar to federal (20 DCMR 41).
Hazardous Waste Generator Status: DC refers to generators of <100 kg/
month as SQGs. DC SQGs are subject to requirements more stringent than
federal CESQG requirements. All otherDC generators are consideredLQGs.
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion See DCMR 4100.15.
0 Elementary Neutralization See DCMR 4600.8(d).
0 Recycling See DCMR 4100.33.
0 Treatment in Accumulation See DCMR 4600.8(a).
Containers
IS Small Boilers and Industrial DC has not yet adopted 40 CFR 266,
Furnaces Subpart H, so EPA's BIF rule is in ef-
fect. However, DC air regulations
mandate permitting for hazardous
waste combustion.
Special Considerations
• DC has no provisions for satellite accumulation areas.
• DC SQGs are subject to an accumulation quantity limit of 600 kg of
hazardous waste and an accumulation time limit of 180 days (DCMR
4100.24).
DC Department of Health
Environmental Health Administration
Hazardous Waste Division
51 N St., ME
Washington, DC 20002
Phone: 202/535-2288
http://www.ci.washington.dc.us/index.html
DC hazardous waste management regulations are in Title 20 of the Dis-
trict of Columbia Municipal Regulations (20 DCMR), Chapters 40
through 54. Regulations canbe purchased from the DC Office of Docu-
ments: 20 DCMR Chapters 40 to 70 is a single volume and sells for
$20. Orders must be prepaid. The regulations are not presently avail-
able through the Internet.
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Florida
Hazardous Waste Program Description
Definition of "Hazardous Waste": Same as federal. Incorporates 40 CFR
261 by reference (see FAC 62-730.030).
Hazardous Waste Generator Status: Same as federal. Incorporates 40 CFR
262 by reference (see FAC 62-730-160).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion Adopts 40 CFR 261 by reference (see
FAC 62-730.030).
0 Elementary Neutralization Adopts 40 CFR 270. l(c) by reference
(see FAC 62-730.220).
0 Recycling Adopts 40 CFR 261 by reference (see
FAC 62-730.030).
0 Treatment in Accumulation Follows EPA interpretation.
Containers
0 Small Boilers and Industrial Adopts 40 CFR 266 by reference (see
Furnaces FAC 62-730.181).
Special Considerations
• Florida does not adopt 40 CFR 262.34(e), which allows generators to
accumulate hazardous waste on-site for up to 270 days if they must
transport their waste more than 200 miles to an off-site TSDF. There-
fore, SQGs must not accumulate hazardous waste on site for more than
180 days.
FL Department of Environmental Protection (DEP)
Division of Waste Management
2600 Blair Stone Rd.
Twin Towers, MS-4555
Tallahassee, FL 32399-2400
Phone: 850/488-0300
http://www.dep.state.fl.us/dwnVbureaus/bshw.htm
PL's Hazardous Waste Management Regulations are in the Florida Ad-
ministrative Code (FAC), Rule 62-730, and are available for free from
the Hazardous Waste Regulation Section, 850/921-9258, or can be ac-
cessed for free on the Internet at http://www.dep.state.fl.us/dwm/rules/
numeric.htm.
20
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Georgia
Hazardous Waste Program Description
Definition of "Hazardous Waste": Same as federal. Incorporates 40 CFR
261 by reference (see 391-3-11-.07).
Hazardous Waste Generator Status: Same as federal. Incorporates 40 CFR
262 by reference (see 391-3-11-.08).
Regulatory Allowances for On-
0 Domestic Sewage Exclusion
0 Elementary Neutralization
0 Recycling
0 Treatment in Accumulation
Containers
0 Small Boilers and Industrial
Furnaces
Special Considerations
None.
Site Waste Minimization
Incorporates 40 CFR 261 by refer-
ence (see 391-3-11-.07).
Incorporates 40 CFR 270. l(c) by
reference (see 391-3-ll-.ll(l)(a)).
Incorporates 40 CFR 261 by refer-
ence (see 391-3-11-.07).
Follows EPA interpretation.
Incorporates 40 CFR 266 by refer-
ence (see 391-3-ll-.10(3)).
GA Department of Natural Resources
Environmental Protection Division (EPD)
Hazardous Waste Management Branch
205 Butler St., SE
Suite 1154, East Tower
Atlanta, GA 30334
Phone: 404/656-7802
http ://www. ganet.org/dnr/environ/
For a free copy of GAs Hazardous Waste Management Regulations
(Chapter 391-3-11), call the Hazardous Waste Management Branch.
For an unofficial copy, go to EPD's Website and click on "EPD Rules."
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Hawaii
Although Hawaii has not received authorization from US EPA to operate
its hazardous waste program in lieu of the federal program, it is expected
to receive authorization in early 2000. Until then, EPA's hazardous
waste program is enforced by EPA's Region IX office in San Francisco,
CA (415/744-2074). The information below is based on Hawaii's
regulations and interpretations.
Hazardous Waste Program Description
Definition of "Hazardous Waste": Same as federal with additional provi-
sions with respect to geothermal wastes (seeHAR 11-261).
Hazardous Waste Generator Status: Same as federal (see HAR 11-261.5
and 11-262.34).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion SeeHAR 11-261.4.
0 Elementary Neutralization SeeHAR 11-270.l(c)(2)(v).
0 Recycling SeeHAR ll-261.6(c)(l).
0 Treatment in Accumulation Follows EPA interpretation.
Containers
0 Small Boilers and Industrial See HAR 11 -266.180.
Furnaces
Special Considerations
None.
HI Department of Health (DEH)
Environmental Management Division
Solid and Hazardous Waste Branch
Hazardous Waste Section
919 Ala Moana Blvd., Room 212
Honolulu, HI 96814
Phone: 808/586-4226
http: //www. hawaii. gov/health/eh/index. html
If you prepay postage, the Hazardous Waste Section will send you a
copy of the "Hawaii Hazardous Waste Rules and Regulations," Chapter
11, Hawaii Administrative Code (HAR). Only the 1999 amendments
to the hazardous waste regulations can be accessed for free on the Internet
at http://www.hawaii.gov/health/eh/shwb/hw/index.html. A full version
of the regulations is not available on the Internet.
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Idaho
Hazardous Waste Program Description
Definition of'Hazardous Waste": Same as federal.
Hazardous Waste Generator Status: Same as federal.
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion IDAPA 16.01.05.005 adopts 40 CFR
261 by reference.
0 Elementary Neutralization IDAPA 16.01.05.012 adopts 40 CFR
270 by reference.
0 Recycling IDAPA 16.01.05.005 adopts 40 CFR
261 by reference.
0 Treatment in Accumulation Follows EPA interpretation.
Containers
0 Small Boilers and Industrial IDAPA 16.01.05.010 adopts 40 CFR
Furnaces 266 by reference.
Special Considerations
• In the event of a fire, explosion or other release that may threaten hu-
man health or outside the facility or may reach surface water, genera-
tors must not only notify the National Response Center (NRC; per
262.34(d)(5)(iv)(C)), but also the Idaho Communications Center (see
16.01.05.006).
ID Division of Environmental Quality
Hazardous Waste Branch
1410 N.Hilton St.
Boise, ID 83706
Phone: 208/373-0502
http://www.state.id.us/deq/haz/wastel.htm
The "Rules and Standards for Hazardous Waste" can be obtained from
the Hazardous Waste Branch for $5 or can be accessed for free on the
Internet at http://www.state.id.us/adm/adminrules/rules/idapal6/
16index.htm.
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Illinois
Hazardous Waste Program Description
Definition of "Hazardous Waste": Same as federal (35 111. Adm. Code 721).
Hazardous Waste Generator Status: Same as federal (35 111. Adm. Code
72 land 722).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion See 35 111. Adm. Code 721.104.
0 Elementary Neutralization See 35 111. Adm. Code 703.123.
0 Recycling See 35 111. Adm. Code 721.106.
0 Treatment in Accumulation Follows EPA interpretation.
Containers
0 Small Boilers and Industrial See 35 111. Adm. Code 726.208.
Furnaces
Special Considerations
None.
IL Environmental Protection Agency (IL EPA)
Bureau of Land
1021 North Grand Ave. East
P.O. 19276
Springfield, IL 62794-9276
Phone: 217/524-5024
http://www.epa.state.il.us/
IL's hazardous waste regulations are in Title 35 of the Illinois Adminis-
trative Code. For a free copy, call the IL EPA Bureau of Land, 217/
524-3300, or they can be accessed for free on the Internet at http://
www.ipcb.state.il.us/title3 5/3 5conten.htm#g.
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Indiana
Hazardous Waste Program Description
Definition of "Hazardous Waste": Same as federal with the addition of cer-
tain chemical munitions wastes (329IAC 3.1-6-1 through 3).
Hazardous Waste Generator Status: Same as federal (329 IAC 3.1-7-1 in-
corporates 40 CFR 262 by reference).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion Incorporates 40 CFR 261 by refer-
ence (329 IAC 3.1-6-1).
0 Elementary Neutralization Incorporates 40 CFR 270 by refer-
ence (329 IAC 3.1-13-1).
0 Recycling Incorporates 40 CFR 261 by refer-
ence (329 IAC 3.1-6-1).
0 Treatment in Accumulation Follows EPA interpretation.
Containers
0 Small Boilers and Industrial Incorporates 40 CFR 266 by refer-
Furnaces ence (329 IAC 3.1-11-1).
Special Considerations
• LQGs must pay an annual $100 fee to IDEM (329 IAC 3.1-1-14).
• Generators that ship hazardous waste off-site to a TSDF are subject to
biennial reporting requirements (329 IAC 3.1-7-14).
• All spills or releases of hazardous waste must be reported immediately
to IDEM's Office of Environmental Response (329 IAC 3.1-8-3).
• IDEM regulates PCB wastes under separate regulatory program (PCB
Management; 329 I AC 4).
IN Department of Environmental Management (IDEM)
Office of Land Quality
100 N. Senate Ave.
P.O. Box 6015
Indianapolis, IN 46206-6015
Phone: 317/308-3103
http://www.state.in.us/idem/index.html
DSPs hazardous waste regulations are in Article 3.1 within Title 329 of
the Indiana Administrative Code (329 IAC 3.1). The regulations can
be purchased from the IN Legislative Services Agency, 317/232-9557,
orthey can be accessed for free onthe Internet at http://www.state.in. us/
idem/olq/regulations_and_laws/swrules.html.
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Iowa
low a has not received authorization from US EPA to operate its hazardous
waste program in lieu of the federal program. EPA's hazardous waste pro-
gram is enforced by EPA's Region VII office which is located in Kansas
City, KS. To contact EPA's Region VII office regarding Iowa hazardous
waste issues, call 913/551-7633.
Hazardous Waste Program Description
Definition of "Hazardous Waste": Follows federal program (see 40 CFR
261).
Hazardous Waste Generator Status: Follows federal program (see 40 CFR
261.5 and 262).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion See 40 CFR 261.4.
0 Elementary Neutralization See 40 CFR 270.1.
0 Recycling See 40 CFR 261.6.
0 Treatment in Accumulation Follows EPA interpretation.
Containers
0 Small Boilers and Industrial See 40 CFR 266.180.
Furnaces
Special Considerations
None.
IA Department of Natural Resources
Solid Waste Section
Henry Wallace State Office Building
502 E. 9th St.
Des Moines, IA 50319-0034
Phone: 515/281-4968
http://www.state.ia.us/government/dnr/organiza/epd/index.htm
Iowa has not promulgated hazardous waste regulations.
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Kansas
Hazardous Waste Program Description
Definition of "Hazardous Waste": Same as federal (incorporates 40 CFR
261 by reference in 28-31-3).
Hazardous Waste Generator Status: Kansas defines three types of genera-
tors: EPA Generators (generate > 1000 kg/month), Kansas Generators (>
25 kg/month and < 1000 kg/month) and SQGs (< 25 kg/month). See note
below; but, for exact definitions, see 28-3 l-2(c-e).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion Incorporates 40 CFR 261 by refer-
ence (28-31-3).
0 Elementary Neutralization Incorporates 40 CFR 270 by refer-
ence (28-31-1).
0 Recycling Incorporates 40 CFR 261 by refer-
ence (28-31-3).
0 Treatment in Accumulation Follows EPA interpretation.
Containers
0 Small Boilers and Industrial Incorporates 40 CFR 266, Subpart H,
Furnaces by reference (28-3 l-8b).
Special Considerations
• In Kansas, generators of 25 kg to <1000 kg of hazardous waste per
month are subject to regulations that are very similar to EPA's SQG
regulations. Generators of < 25 kg of hazardous waste per month are
subject to regulations like the EPA's CESQG regulations.
• Kansas's satellite accumulation area requirements mandate that waste
be marked "Hazardous Waste."
Kansas Department of Health and Environment
Bureau of Waste Management
Forbes Field, Building 740
Topeka, Kansas 66620-0001
(785) 296-1600, FAX (785) 296-1592
http://www.kdhe.state.ks.us/waste/
KS's Hazardous Waste Management Standards and Regulations are in
Title 28 of the KS Administrative Regulations (KAR), Article 31 (cited
as 28-13). For a free copy, call KDHE, or an unofficial copy can be
accessed for free on the Internet at http://www.kdhe.state.
ks.us/pdf/regs/28-31 .pdf.
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Kentucky
Hazardous Waste Program Description
Definition of "Hazardous Waste" : Same as federal with the addition of cer-
tain chemical nerve and blister agents (401 KAR 31).
Hazardous Waste Generator Status: Same as federal (401 KAR 3 1 and 32).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion See 40 1 KAR 31:010, Section
0 Elementary Neutralization See 401 KAR 38:010, Section
l(2)(b)(5): provides for permit by
rule if pretreatment standards are
met.
0 Recycling See 40 1 KAR 31:010, Section
6(3)(a).
0 Treatment in Accumulation See 40 1 KAR 32:030, Section 6:
Containers allows on-site treatment by genera-
tors if certain conditions (e.g.,
notification to the Department) are
met.
0 Small Boilers and Industrial See 401 KAR 36:020, Section 6.
Furnaces
Special Considerations
• LQGs and SQGs who treat hazardous waste on site, must pay a $300
annual fee to the Department (401 KAR 39: 110).
KY Department for Environmental Protection (KY DEP)
Division of Waste Management
14 Reilly Road
Frankfort, KY 40601
Phone: 502/564-6716
http://www.nr.state.ky.us/nrepc/dep/waste/dwmhome.htm
KY's hazardous waste regulations are in Chapters 31 to 39 within Title
401 of the Kentucky Administrative Regulations (401 KAR 31-39).
The regulations can be purchased from KY DEP or the KY Legislative
Research Commission, 502/564-8100, x312, or can be accessed forfree
on the Internet at http://www.nr.state.ky.us/nrepc/dep/waste/regs/
regeffect.htm#HW.
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Louisiana
Hazardous Waste Program Description
Definition of "Hazardous Waste": Similar to federal (see LAC 33 :V. Chap-
ter 49).
Hazardous Waste Generator Status: LA's SQG generates less than an aver-
age of 100 kg hazardous waste per month and accumulates no more than
1000 kg on site (see LAC 33: V. Chapter 39). All other generators are sub-
ject to LQG requirements (see LAC 33:V Chapter 11).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion See LAC 33 :V. 105D. l(a).
0 Elementary Neutralization See LAC 33: V305C.6.
HI Recycling DEQ performs case-by-case review
to determine if LAC 33:V Chapter 41
applies (see LAC 33:V105L).
0 Treatment in Accumulation Follows EPA interpretation and LAC
Containers 33 :V 2245E.
0 Small Boilers and Industrial See LAC 33:V.3017.
Furnaces
Special Considerations
• LA has no provisions for CESQGs.
• SQG regulations have no provisions for satellite accumulation; how-
ever, accumulation requirements are minimal (see LAC 33: V. Chapter
39).
• Generators are subject to initial registration and annual fees (see LAC
33:V. Chapter 51).
LA Department of Environmental Quality (DEQ)
Office of Environmental Services
7290 Bluebonnet Dr.
Baton Rouge, LA 70810
Phone: 225/765-0219
http ://www.deq. state .la.us/
LA's hazardous waste regulations are in Part V of Title 3 3 of the Loui-
siana Administrative Code (LAC 33 :V). The regulations can be pur-
chased from DEQ's Legal Division, 225/765-0236, or can be accessed
forfree on the Internet at http://www.deq.state.la.us/planning/regs/title33/
index.htm.
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Maine
Hazardous Waste Program Description
Definition of "Hazardous Waste": Similar to federal but adds PCB wastes
(see Chapter 850).
Hazardous Waste Generator Status: ME has provisions for SQGs (generate
< 100 kg/month and accumulate no more than 600 kg hazardous waste and
1 kg acutely hazardous waste) in Ch. 850 Section 3A(5). Generator re-
quirements are more stringent than federal; see Chapters 850 and 851.
Regulatory Allowances for On-Site Waste Minimization
HI Domestic Sewage Exclusion Applies only to "non-segregable
wastes" (Ch. 850, Sect. 3A4).
0 Elementary Neutralization Subject to conditions (Ch. 856, Sect.
61 and 11 A). Sect. 6G allows
laboratories to neutralize corrosive
wastes (only D002) in quantities less
than 0.5 liter in the laboratory
without a permit.
IS Recycling See Ch 850, Section 3A(6). Abbrevi-
ated permit requirements apply (Ch.
856, Sect. 11A4).
HI Treatment in Accumulation Abbreviated permit requirements
Containers apply to treatment in accumulation
tanks (Ch 856, Sect. 11 All).
HI Small Boilers and Industrial Abbreviated permit requirements
Furnaces apply to some thermal treatment (Ch.
856, Sect. 11A6).
Special Considerations
• Satellite accumulation provisions are more stringent than federal and
include a requirement for daily inspection (Ch. 851, Sect. 8C).
ME Department of Environmental Protection (DEP)
Bureau of Remediation and Waste Management
State House, Station #17
Augusta, ME 04333-0017
Phone: 207/287-2651
http://janus.state.me.us/dep/home.htm
ME's "Hazardous Waste Management Rules" (Chapters 850 to 857)
are available for free from ME DEP or an unofficial copy can be ac-
cessed for free on the Internet at http://janus.state.me.us/dep/rules.htm.
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Maryland
Hazardous Waste Program Description
Definition of "Hazardous Waste": Similar to federal but MDE adds PCB
wastes and certain chemical warfare agents (see 26.13.02).
Hazardous Waste Generator Status: MDE regulates "SQGs" (requirements
are similar to federal requirements for CESQGs; 26.13.02.05). All other
generators are subject to full regulation except that if < 500 kg of hazardous
waste and < 1 kg acute hazardous waste is accumulated on site, then the
waste may be accumulated for up to 180 days (see 26.13.03.05E).
Regulatory Allowances for On-Site Waste Minimization
IS Domestic Sewage Exclusion Domestic sewage mixed with other
waste that passes through a sewer
system to a POTW is not exempt
from regulation as solid waste
(26.13.02.04 A(l)).
0 Elementary Neutralization See 26.13.07.01A and
26.13.05.01A(3)(g).
0 Recycling See 26.13.02.06.
HI Treatment in Accumulation MD statute prohibits treatment
Containers without a permit (Environment
Article, Annotated Code of MD,
Section 7-232, "Permit Required").
0 Small Boilers and Industrial MD has not yet adopted 40 CFR 266,
Furnaces Subpart H, so EPA's BIF rule is in
effect. However, MD generators
burning hazardous waste are subject
to 26.13.10.02.
Special Considerations
• Generators must maintain inspection logs (26.13.03.05E91(k)).
MD Department of the Environmental (MDE)
Waste Management Administration, Hazardous Waste Program
2500 Broening Highway
Baltimore, MD 21224
Phone: 410/631-3345
http://www.mde.state.md.us/
MD's hazardous waste regulations are in Title 26 of the Code of Mary-
land Regulations (COMAR), Subtitle 13. The regulations can be pur-
chased from MDE for $20, prepaid. The regulations are not presently
available through the Internet.
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Massachusetts
Hazardous Waste Program Description
Definition of "Hazardous Waste": Waste determination varies from federal
but hazardous waste lists and characteristics are similar to federal (see 310
CMR 30.120 and 30.131-136).
Hazardous Waste Generator Status: MA recognizes LQGs (> 1,000 kg haz-
ardous waste per month or more than 1 kg acutely hazardous waste), SQGs
(100 to 1000 kg hazardous waste per month and < 1 kg acutely hazardous
waste) and very small quantity generators (VSQGs: < 100 kg hazardous
waste per month and no acutely hazardous waste).
Regulatory Allowances for On-Site Waste Minimization
HI Domestic Sewage Exclusion More restrictive than federal exclusion
(310 CMR 30.104).
HI Elementary Neutralization Subj ect to licensing requirements (310
CMR 30.800).
HI Recycling Subj ect to permitting requirements
(310 CMR 30.200).
HI Treatment in Accumulation Prohibited by state statute.
Containers
HI Small Boilers and Industrial Has not adopted 40 CFR 266 or simi-
Furnaces lar regulations.
Special Considerations
• Satellite accumulation provisions are more stringent than federal (310
CMR 30.354).
• SQGs are limited to accumulating < 2000-kg hazardous waste on-site
in containers.
• MA does not allow SQGs to accumulate waste on-site for 270 days.
• Generators are subject to annual fees (310 CMR 4.03).
MA Department of Environmental Protection (DEP)
Bureau of Waste Prevention, Business Compliance Unit
Hazardous Waste Program
1 Winter St., 8th Floor
Boston, MA 02108
Phone: 617/292-5898
http://www.state.ma.us/dep/
MA's hazardous waste regulations are in Title 310 of the Code of Mas-
sachusetts Regulations (CMR). The regulations can be purchased from
the State Bookstore, 617/727-2834. The regulations are expected to be
available on the Internet in early 2000.
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Michigan
Hazardous Waste Program Description
Definition of "Hazardous Waste": Similar to federal but adds Michigan-
specific wastes — primarily dioxins (see 299.9219).
Hazardous Waste Generator Status: Similar to federal requirements (see
299.9301 for SQGs and LQGs and 299.9205 for CESQGs).
Regulatory Allowances for On-
0 Domestic Sewage Exclusion
0 Elementary Neutralization
0 Recycling
0 Treatment in Accumulation
Containers
0 Small Boilers and Industrial
Furnaces
Special Considerations
None.
Site Waste Minimization
See 299.9204(l)(a).
See 299.9503(l)(e).
See 299.9206(l)(b).
Subject to certain conditions; see
299.9503(l)(i).
Adopts 40 CFR 266, Subpart H by
reference (see 299.11003(l)(q)).
MI Department of Environmental Quality (DEQ)
Waste Management Division
608 W. Allegan, 1st Floor
P.O. Box 30241
Lansing, MI 48909
Phone: 800/662-9278
http://www.deq.state.mi.us
Mi's hazardous waste regulations are in the Michigan Administrative
Code, Rule 299.9101 through 299.11107. A single free copy of the
regulations can be obtained from the Waste Management Division. An
unofficial copy of the regulations can be accessed for free on the Internet
at http://www.state.mi.us/execoff/admincode/depart/deq.htm.
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Minnesota
Hazardous Waste Program Description
Definition of "Hazardous Waste": Similar to federal but adds two charac-
teristics: oxidizers and lethality (7045.0131); and certain listed wastes (e.g.,
PCBs; 7045.0135).
Hazardous Waste Generator Status: MN recognizes LQGs (> 1,000 kg haz-
ardous waste per month or > 1 kg acutely hazardous waste), SQGs (100 to
1000 kg hazardous waste per month and < 1 kg acutely hazardous waste)
and very small quantity generators (VSQGs).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion See 7045.0120, Subp. l.B. and
7045.0208 Subp. I.E.
0 Elementary Neutralization Permit-by-rule; see 7001.0520 Subp. 3.C.
0 Recycling Exemption applies to hazardous waste
used as "feedstock;" see 7045.0125,
Subp. 5.A.
0 Treatment in Accumulation See 7045.0208 Subp. LA. and
Containers 7045.0211.
0 Small Boilers and Industrial See 7045.0692 (not similar to 40 CFR
Furnaces 266).
Special Considerations
• Satellite accumulation areas are subject to more stringent requirements
including inspections (7045.0292 Subp. 8).
• VSQGs are subject to substantial requirements (e.g., 7045.0292 Subp.
6). Those who collect, transport, treat, or store VSQG waste must
obtain a license from PCA (7045.036).
• SQGs are limited to accumulation of 3000-kg hazardous waste on site
(7045.0.0292).
• Generators are subject to annual fees (7046).
MN Pollution Control Agency (PCA)
Division of Solid and Hazardous Waste
520 N. Lafayette Rd.
St. Paul, MN 55155-4194
Phone: 651/297-8332
http://www.pca.state.mn.us/waste/index.html
MN's hazardous waste regulations are in Chapter 7045 of the MN State
Rules. To order a paper copy of MN's Hazardous Waste Rules, contact
Minnesota's Bookstore, 612/297-3000 or 800/657-3757. An unoffi-
cial copy of the regulations can be accessed for free on the Internet at
http://www.pca. state.mn.us/waste/hw_mnrules.html#7045.
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Mississippi
Hazardous Waste Program Description
Definition of "Hazardous Waste": Same as federal. Incorporates 40 CFR
261 by reference (Part 261).
Hazardous Waste Generator Status: Same as federal. Incorporates 40 CFR
262 by reference (Part 262).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion Incorporates 40 CFR 261 by refer-
ence (Part 261).
Incorporates 40 CFR 270 by refer-
ence (Part 270).
Incorporates 40 CFR 261 by refer-
ence (Part 261).
Follows EPA interpretation.
0 Elementary Neutralization
0 Recycling
0 Treatment in Accumulation
Containers
0 Small Boilers and Industrial Incorporates 40 CFR 266 by refer-
Furnaces
Special Considerations
None.
ence (Part 266).
MS Department of Environmental Quality (MDEQ)
Hazardous Waste Division
P.O. Box 10385
Jackson, MS 39289-0385
Phone: 601/961-5171
http://www.deq.state.ms.us/newweb/homepages.nsf
A single free copy of MS's Hazardous Waste Management Regulations
can be obtained from the Hazardous Waste Division or can be accessed
for free on the Internet at MDEQ's Website listed above.
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Missouri
Hazardous Waste Program Description
Definition of "Hazardous Waste": Incorporates 40 CFR 261 by reference
with changes (e.g., adds dioxin wastes and modifies F020-F027 listings
(25-4.261)).
Hazardous Waste Generator Status: Incorporates 40 CFR 262 by reference
with some changes (2-5.262).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion Incorporates 40 CFR 261 by refer-
ence (25-4.261).
0 Elementary Neutralization See 25-7.270(2)(A)3.
0 Recycling Incorporates 40 CFR 261 by refer-
ence (25-4.261). Also, 25-9.020(2)
exempts facilities recycling < 1000
kg/month from 25-9; however, such
facilities must notify the DNR.
0 Treatment in Accumulation Follows EPA interpretation.
Containers
0 Small Boilers and Industrial Incorporates 40 CFR 266 by refer-
Furnaces ence (25-7.266).
Special Considerations
• Waste can remain in satellite accumulation for no more than one year
(25-5.262(2)(C)).
• Central accumulation areas must have containment systems (25-
5.262(2)(C)).
• Generators are subject to annual fees (25-12).
• PCB wastes are regulated by MO DNR (25-13).
MO Department of Natural Resources (DNR)
Office of Pollution Control
Hazardous Waste Program
P.O. Box 176
Jefferson City, MO 65102
Phone: 573/751-3176
http://www.dnr.state.mo.us/homednr.htm
MO's hazardous waste management regulations are in Title 10 of the
Code of State Regulations, Title 25 (10 CSR 25). A hard copy of the
regulations can be purchased from the Secretary of State, 573/751-4015,
or can be accessed for free on the Internet at http://mosl.sos.state.mo.us/
csr/lOcsr.htm.
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Montana
Hazardous Waste Program Description
Definition of "Hazardous Waste": Waste determination varies from federal
but hazardous waste lists and characteristics are similar to federal (see 17.54,
Subchapter 3).
Hazardous Waste Generator Status: Same as federal (see 17.54, Subchapter
4).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion See 17.54.307.
0 Elementary Neutralization See 17.54.105.
0 Recycling See 17.54.309.
0 Treatment in Accumulation Follows EPA interpretation.
Containers
0 Small Boilers and Industrial Same as 40 CFR 266 (17.54.1112).
Furnaces
Special Considerations
• SQGs and LQGs are subject to annual reporting requirements and an-
nual fees (17.54.403 and .404, respectively).
• Generators must maintain logbooks detailing hazardous waste gener-
ated (17.54.421(9)).
MT Department of Environmental Quality
Permitting and Compliance Division
Air and Waste Management Bureau
P.O. Box 200901
Helena, MT 59620-0901
Phone: 406/444-3490
http ://www. deq. state .mt.us/
MT's hazardous waste regulations are in Title 17 of the Administrative
Rules of Montana (ARM), Chapter 54. A single free copy of the regu-
lations is available from the Air and Waste Management Bureau. In
early 2000, the regulations will be available from the MDEQ Website.
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Nebraska
Hazardous Waste Program Description
Definition of "Hazardous Waste": Same as federal (see Chapter 3)
Hazardous Waste Generator Status: Same as federal (for CESQGs see
Chapter 8; for SQGs see Chapter 9; and for LQGs see Chapter 10).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion See Chapter 2-008.01.
0 Elementary Neutralization See Chapter 12-001.03E.
0 Recycling See Chapter 7-005. Chapter 5-
004.01 specifies that Director may
regulate recycling processes on a
case-by-case basis.
0 Treatment in Accumulation Follows EPA interpretation.
Containers
0 Small Boilers and Industrial Incorporates 40 CFR 266.108 by
Furnaces reference (Chapter 7-008.03).
Special Considerations
• If a generator is a LQG at any time during the reporting period, then
he must prepare and submit a biennial report (Chapter 4-005.01 A).
NE Department of Environmental Quality (NDEQ)
Waste Management Division
Permits and Compliance Section
1200 N. St. Suite 400
P.O. Box 98922
Lincoln, NE 68509-8922
Phone: 402/471-4217 or 402/471-8308 (Compliance Assistance)
http://www.deq.state.ne.us/
NE's hazardous waste regulations are in Title 128 of the Nebraska
Administrative Code (NAC). A single free copy of the regulations is
available from the RCRA Section. An unofficial copy of Title 128
can be accessed for free on the Internet at http://www.deq.state.ne.us/
RuleandR.nsf/Pages/Rules.
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Nevada
Hazardous Waste Program Description
Definition of "Hazardous Waste": Incorporates 40 CFR 261 by reference
and adds wastes such as mixtures containing > 10% of a P- or U-listed chemi-
cal (444.8565).
Hazardous Waste Generator Status: Same as federal. Incorporates 40 CFR
262 by reference and makes some modifications (444.8632).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion Incorporates 40 CFR 261 by reference
(444.8632).
0 Elementary Neutralization Incorporates 40 CFR 270 by reference
(444.8632).
0 Recycling Incorporates 40 CFR 261 by reference
(444.8632) and adds a specific exemp-
tion for generators (444.8455(4.00)).
0 Treatment in Accumulation Follows EPA interpretation.
Containers
0 Small Boilers and Industrial Incorporates 40 CFR 266 by
Furnaces reference (444.8632).
Special Considerations
• A generator must include on the label of each hazardous waste con-
tainer the EPA hazardous waste number (444.8671).
• A generator who generates more than 100 kilograms of hazardous waste
per month and accumulates hazardous waste on site must maintain a
written record of inspections conducted of containers and tanks
(444.8677).
• PCB wastes are regulated by DCNR (444.960).
NV Division of Environmental Protection
Solid Waste Branch, Waste Management Bureau
333 W.Nye Lane
Carson City, NV 89706-0851
Phone: 775/687-4670
http://www.state.nv.us/ndep/
NV's hazardous waste regulations are in Nevada Administrative Code
(NAC) Chapter 444 (Sections 842 through 960). The regulations can
be purchased for a small fee from the Legislative Council Bureau, 775/
684-6835, or can be accessed for free on the Internet at http://
www.state.nv.us/ndep/admin/nrs.htm.
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New Hampshire
Hazardous Waste Program Description
Definition of "Hazardous Waste": Similar to federal but adds NH listed
hazardous wastes (402); revises definition of corrosivity characteristic to
include non-aqueous solutions (403.04); and adds mixtures of P-listed chemi-
cals and carcinogens at concentrations exceeding 5 ppm (404.01).
Hazardous Waste Generator Status: NH recognizes SQGs (generally < 100
kg hazardous waste per month: subject to 508) and a full quantity genera-
tors (FQGs; generally > 100 kg hazardous waste per month or > 1 kg acutely
hazardous waste: subject to 509).
Regulatory Allowances for On-Site Waste Minimization
HI Domestic Sewage Exclusion See 401.03(a)(l): only exempts
domestic sewage - not mixtures.
HI Elementary Neutralization See 351.04(a)(5) and 353.04: limited
permit provisions apply.
0 Recycling The recycling process is exempt from
regulation (802.02(b)), but aspects of
Chapter 800 apply.
0 Treatment in Accumulation Allowed if all generator provisions in
Containers Chapter 500 are met (verbal interpre-
tation).
0 Small Boilers and Industrial Generators who burn hazardous
Furnaces waste as fuel are subject to 806.05
including notification to DBS.
Special Considerations
• Generator storage area provisions include container specifications,
containment requirements, and more (507.01).
• Satellite accumulation area provisions include operator training require-
ments, and more (509.03).
• Generators are subject to quarterly reporting and fees (512.02) and
FQGs are subject to annual reporting (512.03).
NH Department of Environmental Services (DBS)
Waste Management Division, Hazardous Waste Compliance Section
6 Hazen Dr.
Concord, NH 03302-0095
Phone: 603/271-3644
http://www.des.state.nh.us/descover.htm
NH's Hazardous Waste Rules (Env-Wm Chapters 100 to 1000) are avail-
able from the DBS Public Information and Permitting Office for $20,
603/271-2975. An unofficial copy can be accessed for free on the
Internet at http://www.des.state.nh.us/pub-open.htm.
40
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New Jersey
Hazardous Waste Program Description
Definition of "Hazardous Waste": Same as federal. Incorporates 40 CFR
261 by reference (7:26G-5.1).
Hazardous Waste Generator Status: Same as federal. Incorporates 40 CFR
262 by reference (7:26G-6.1).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion Incorporates 40 CFR 261 by reference
(7:26G-5.1).
0 Elementary Neutralization Incorporates 40 CFR 270 by reference
(7:26G-12.1).
0 Recycling Incorporates 40 CFR 261 by reference
(7:26G-5.1).
0 Treatment in Accumulation Follows EPA interpretation.
Containers
0 Small Boilers and Industrial Incorporates 40 CFR 266 by reference
Furnaces (7:26G-10.1).
Special Considerations
• Generators submitting biennial reports are subject to fees which vary
depending to the quantity of hazardous waste manifested off-site (7:26G-
3.3).
NJ Department of Environmental Protection (NJDEP)
Division of Solid and Hazardous Waste
40 IE. Sate St., P.O. Box 414
Trenton, NJ 08625-0414
Phone: 609/633-1418
http://www. state.nj .us/dep/dshw/
NJ's Hazardous Waste Regulations are in Title 7 of the New Jersey
Administrative Code (NJAC), Chapter 26G. The regulations are avail-
able for a fee from West Publishing Group, 800/808-9378, or can be
accessed for free on the Internet at http://www.state.nj .us/dep/dshw/re-
source/rules.htm.
41
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New Mexico
Hazardous Waste Program Description
Definition of "Hazardous Waste": Same as federal. Incorporates 40 CFR
261 by reference (20 NMAC 4.200).
Hazardous Waste Generator Status: Same as federal. Incorporates 40 CFR
262 by reference (20 NMAC 4.300).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion Incorporates 40 CFR 261 by reference
(20 NMAC 4.200).
0 Elementary Neutralization Incorporates 40 CFR 270 by reference
(20 NMAC 4.900).
0 Recycling Incorporates 40 CFR 261 by reference
(20 NMAC 4.200).
HI Treatment in Accumulation Must request case-by-case approval
Containers from Department.
0 Small Boilers and Industrial Incorporates 40 CFR 266 by reference
Furnaces (20 NMAC 4.700).
Special Considerations
• Generators must pay "annual business fees" to the Department (20
NMAC 4.3).
NM Environment Department
Water and Waste Management Division
Hazardous Waste and Radioactive Materials Bureau
RO. Box 26110
Santa Fe, NM 87502-6110
Phone: 505/827-1557
http://www.nmenv. state.nm.us/
NM's Hazardous Waste Management Regulations are in Title 20 of the
New Mexico Administrative Code (NMAC), Chapter 4. A copy of the
regulations is available for a fee from the Bureau, or they can be ac-
cessed for free on the Internet at the Department Website listed above.
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New York
Hazardous Waste Program Description
Definition of "Hazardous Waste": Same as federal with the addition of PCB
wastes (6 NYCRR 371).
Hazardous Waste Generator Status: Same as federal (6 NYCRR 372).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion See 6 NYCRR 371.1(e)(l).
0 Elementary Neutralization See 6 NYCRR 373-1. l(d)(l)(xii).
0 Recycling See 6NYCRR371.1(g)(3).
0 Treatment in Accumulation See 6 NYCRR 373-1.1 (d)( l)(ix).
Containers
0 Small Boilers and Industrial See 6 NYCRR 374-1.8(i).
Furnaces
Special Considerations
• SQGs must place waste in secondary containment if they (1) are lo-
cated above a sole source aquifer and (2) have accumulated more than
185 gallons of liquid hazardous waste (6 NYCRR 372.2(a)(8)(iii)(f)).
• DEC requires some generators to write waste reduction plans and have
the plans approved by DEC.
• Generators in New York must file quarterly returns with the New York
State Department of Taxation and Finance and pay appropriate assess-
ments. However, if the assessment attributable to a site is $27.00 or
less for a particular quarter, it is not necessary to file a quarterly return
for that site or pay the assessment for that quarter.
NY Department of Environmental Conservation (NYDEC)
Division of Solid and Hazardous Materials
50 WolfRd.
Albany, NY 12233-7251
Phone: 518/489-8988
http://www.dec.state.ny.us/website/dshm/index.html
NY's hazardous waste management regulations are in 6 NYCRR Parts
370, 371, 372, 373, 374 and 376 (the Part 370 series). A single free
copy of the regulations can be obtained from the Bureau of Program
Management, 518/457-0532, or canbe accessed forfree on the Internet
athttp://www.bcnys.org/new/pdf/env_rcra.htm.
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North Carolina
Hazardous Waste Program Description
Definition of "Hazardous Waste": Same as federal. Incorporates 40 CFR
261 by reference (13A.0106-1-72).
Hazardous Waste Generator Status: Same as federal. Incorporates 40 CFR
262 by reference (13A.0107-1-28).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion Incorporates 40 CFR 261 by refer-
ence (13A.0106-1-72).
0 Elementary Neutralization Incorporates 40 CFR 270 by refer-
ence (13A.0113-1-69).
0 Recycling Incorporates 40 CFR 261 by refer-
ence (13A.0106-1-72).
0 Treatment in Accumulation DENR policy by verbal interpretation
Containers (effective 1998).
0 Small Boilers and Industrial Incorporates 40 CFR 266 by refer-
Furnaces ence (13A.0111-1-57).
Special Considerations
• Generators must keep inspection records for 3 years (13A.0107-1-28).
• SQG and LQG pay annual fees: $25 for SQGs and $500 plus tonnage
feeforLQGs(13A.0117-l-01).
• Solid waste landfills cannot accept CESQG (NC Solid Waste regula-
tions).
NC Department of Environmental and Natural Resources (DENR)
Division Waste Management
Hazardous Waste Section
P.O. Box 29603
Raleigh, NC 27611-9603
Phone: 919/733-2178
http://wastenot.enr.state.nc.us/
NC's Hazardous Waste Management Regulations are in Title 15 A of
the North Carolina Administrative Code (NCAC), Chapter 13 A. A free
copy of the regulations is available from the Hazardous Waste Section.
The regulations are not currently available on the Internet.
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North Dakota
Hazardous Waste Program Description
Definition of'Hazardous Waste": Similar to federal (33-24-2).
Hazardous Waste Generator Status: Same as federal (33-24-02-05 for
CESQGs and 33-24-3 for SQGs and LQGs).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion See 33-24-02-04(l)(a).
0 Elementary Neutralization See 33-24-06-01(2)(b)(5).
0 Recycling See 33-24-02-06.
0 Treatment in Accumulation Per verbal interpretation and 33-24-03-
Containers 01(2).
0 Small Boilers and Industrial See 33-24-05-533.
Furnaces
Special Considerations
None.
ND Department of Health
Division Waste Management
Hazardous Waste Section
P.O. Box 5520
Bismark, ND 58506-5520
Phone: 701/328-5166
http://www.health.state.nd.us/ndhd/environ/wm/index.htm
ND's Hazardous Waste Management Rules are in the North Dakota
Administrative Code (NDAC), Article 33-24. The regulations are avail-
able from the Department at a cost of $40 prepaid. A copy of the regu-
lations can also be accessed for free on the Internet at http://
www.health.state.nd.us/ndhd/environ/wm/hwp/hwrules.htm
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Ohio
Hazardous Waste Program Description
Definition of'Hazardous Waste": Same as federal (see 3745-51-20
through 35).
Hazardous Waste Generator Status: Same as federal (see 3745-51-05 for
CESQG and 3745-52-34 for LQG and SQG).
Regulatory Allowances for On-
0 Domestic Sewage Exclusion
0 Elementary Neutralization
0 Recycling
0 Treatment in Accumulation
Containers
0 Small Boilers and Industrial
Furnaces
Site Waste Minimization
See 3745-51-04(A)(1).
See 3745-50-45(C)(5).
See 3745-51-06(C)(1).
See 3745-50-45(C)(l) and 3745-52-
34(A) and (D).
OH has not yet adopted 40 CFR 266,
Subpart H, so EPA's BIF rule is in
effect. OH has requirements for
incinerators (3745-57-40) and
hazardous waste burned for energy
recovery (3745-58-40).
Special Considerations
None.
OH Environmental Protection Agency (Ohio EPA)
Division Hazardous Waste Management
Lazarus Government Center
P.O. Box 1049
Columbus, OH 43216-1049
614/644-2917
http://www.epa.state.oh.us/
OH's Hazardous Waste Management Rules are in Chapter 3745 of the
Ohio Administrative Code (OAC). A copy of the regulations is avail-
able for a fee from Ohio EPA's Legal Section, 614/644-3037, or can be
accessed for free on the Internet at http://www.epa.state.oh.us/dhwm/
dhwmrules/indexl .htm.
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Oklahoma
Hazardous Waste Program Description
Definition of "Hazardous Waste": Same as federal. Incorporates 40 CFR
261 by reference (OAC 252:205-3-2(c)).
Hazardous Waste Generator Status: Same as federal. Incorporates 40 CFR
262 by reference (OAC 252:205-3-2(d)).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion Incorporates 40 CFR 261 by refer-
ence (OAC 252:205-3-2(c)).
0 Elementary Neutralization Incorporates 40 CFR 270 by refer-
ence (OAC 252:205-3-2©).
0 Recycling Incorporates 40 CFR 261 by refer-
ence (OAC 252:205-3-2(c)).
0 Treatment in Accumulation Follows EPA interpretation.
Containers
0 Small Boilers and Industrial Incorporates 40 CFR 266 by refer-
Furnaces ence (OAC 252:205-3-2(h)).
Special Considerations
• SQG and LQG must pay annual fees and LQGs are subject to disposal
plan fees (OAC 252:205-3-2(c)).
• OK Solid Waste Statute prohibits landfills from accepting hazardous
waste from CESQGs.
OK Department of Environmental Quality
Division Hazardous Waste Management
P.O. Box 1677
Oklahoma City, OK 73101-1677
Phone: 405/702-5100
http ://www. deq. state .ok.us/
OK's Hazardous Waste Management Regulations are in Title 252 of
the Oklahoma Administrative Code, Chapter 205 (OAC 252:205). A
free copy of the regulations is available from the Division of Hazardous
Waste, or they can be accessed for free on the Internet at
http://www.deq.state.ok.us/rules/rulesindex.htm.
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Oregon
Hazardous Waste Program Description
Definition of "Hazardous Waste": Incorporates all federal hazardous wastes
by reference and adds certain warfare agent wastes and residues including
those containing > 3% of P-listed chemical or > 10% of U-listed chemical
(OAR 340-101).
Hazardous Waste Generator Status: Same as federal (OAR 340-102).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion Incorporates 40 CFR 261 by reference
(OAR 340-100-0002).
0 Elementary Neutralization Incorporates 40 CFR 270 by reference
(OAR 340-100-0002).
0 Recycling Incorporates 40 CFR 261 by reference
(OAR 340-100-0002).
0 Treatment in Accumulation Follows EPA interpretation.
Containers
0 Small Boilers and Industrial Incorporates 40 CFR 266 by reference
Furnaces (OAR 340-100-0002).
Special Considerations
• Generators accumulating in excess of 100 containers, must place the
waste in a storage unit that meets the requirements of 40 CFR 264.175
(OAR 340-102-0034).
• SQGs and LQGs are subj ect to quarterly reporting requirements (OAR
340-102-0041)
• SQGs and LQGs are required to pay fees annually to ORDEQ (OAR
340-102-0065).
OR Department of Environmental Quality (ORDEQ)
Waste Management and Cleanup Division
8116*Ave.
Portland, OR 97204
Phone: 503-229-5913
http://www.deq.state.or.us/wmc/hw/hw.htm
OR's hazardous waste regulations are in Chapter 340 of the Oregon
Administrative Rules. A free copy of the regulations can be obtained
by calling ORDEQ, or they can be accessed for free on the Internet at
http://www.deq.state.or.us/wmc/hw/resliboar.html.
48
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Pennsylvania
Hazardous Waste Program Description
Definition of "Hazardous Waste": Same as federal. However, PA has a
special program for "residual wastes" which include industrial, mining and
agricultural wastes that are not hazardous wastes.
Hazardous Waste Generator Status: Same as federal.
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion Incorporates federal citation by
reference (40 CFR 261.4(a)(l)).
0 Elementary Neutralization Allowed with a permit-by-rule (25
PA Code 270a.60(b)(l)).
0 Recycling Allowed with a permit-by-rule (25
PA Code 270a.60(b)(4)).
0 Treatment in Accumulation Allowed with a permit-by-rule (25
Containers PA Code 270a.60(b)(2)).
0 Small Boilers and Industrial Incorporates 40 CFR 266.108 by
Furnaces reference (25 PA Code 266a.20).
Special Considerations
• CESQGs may not dispose of hazardous orresidual waste landfills within
the state (261a.5(b)).
• Any generator that generates more than 1,000 kg hazardous waste in
any month, must prepare a written source reduction strategy (262a. 100).
PA Department of Environmental Protection (PADEP)
Bureau of Land Recycling and Waste Management
Division of Hazardous Waste Management
P.O. Box 8471
Harrisburg, PA 17105-8471
Phone: 717/787-6239
http://www.dep.state.pa.us
PA's hazardous waste regulations are in Title 25 of the PA Code, Chap-
ters 260-270a. A free copy of the regulations can be obtained by call-
ing the PADEP, or they can be accessed for free on the Internet at http:/
/www.pacode.com/secure/data/025/articleID VII_toc.html.
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Rhode Island
Hazardous Waste Program Description
Definition of "Hazardous Waste": Incorporates all federal hazardous wastes
by reference (3.25) and adds several Rhode Island-specific characteristic
wastes (3.53).
Hazardous Waste Generator Status: RIDEM recognizes generators as a single
category (5.00). RIDEM has no provisions for CESQGs or SQGs.
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion Provided for in RI Hazardous Waste
Management Act (23-19.1-5).
0 Elementary Neutralization See 7.01A.3.
0 Recycling Excepts activities listed in 40 CFR
261.6 from permitting (7.01A.2.).
IS Treatment in Accumulation Prohibited (5.07).
Containers
0 Small Boilers and Industrial RI has not yet adopted 40 CFR 266,
Furnaces Subpart H, so EPA's BIF rule is in
effect. RI specifically excepts
activities listed in 40 CFR 266 from
permitting (7.01A.2.).
Special Considerations
• All generators are subject to LQG requirements.
• All hazardous waste containers (except those in satellite accumulation
areas) must be labeled with constituents, waste codes, generator name
and address, date of containerization and more (5.04).
RI Department of Environmental Management (RIDEM)
Office of Waste Management
235 Promenade Street
Providence, RI 02908
Phone: 401/222-2797
http://www.state.ri.us/dem/
RI's Rules and Regulations for Hazardous Waste Management are avail-
able for free from the Office of Waste Management, or they can be
accessed for free on the Internet at http://www.state.ri.us/dem/
regs.htm#WM.
50
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South Carolina
Hazardous Waste Program Description
Definition of "Hazardous Waste": Same as federal (see 61-79.261).
Hazardous Waste Generator Status: Same as federal (see 61-79-261.5 and
61-79.262).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion See 61-79.261.4(a)(l).
0 Elementary Neutralization See 61-79.270. l(c)(2).
0 Recycling See 61-79.261.6(c)(l).
0 Treatment in Accumulation Follows EPA interpretation.
Containers
0 Small Boilers and Industrial See 61-79.266.108.
Furnaces
Special Considerations
• Generators may not stack hazardous waste containers more than two
high(61-79.262.34(a)(5)).
• Certain training requirements apply to personnel at satellite accumula-
tion areas (61-79.262.34(c)(l)(iii)).
• DHEC has no provision allowing SQGs to accumulate hazardous waste
on site for 270 days (61-79.262.34(1)).
• LQGs are subject to quarterly reporting requirements (61-79.262.41).
SC Department of Health and Environmental Control (DHEC)
Bureau of Land and Waste Management
2600 Bull Street
Columbia, SC 29201
Phone: 803/896-4254
http://www.state.sc.us/dhec/eqc/
SC's Hazardous Waste Management Regulations (R.61-79) can be pur-
chased for $25 from DHEC's Freedom of Information Office, 803/898-
3882, or they can be accessed for free on the Internet at http://
www.state.sc.us/dhec/eqc/ (download files c061d through c061g).
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South Dakota
Hazardous Waste Program Description
Definition of "Hazardous Waste": Same as federal. Incorporates 40 CFR
261 by reference (74:28:22:01).
Hazardous Waste Generator Status: Same as federal. Incorporates 40 CFR
262 by reference (74:28:23:01).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion Incorporates 40 CFR 261 by refer-
ence (74:28:27:01).
0 Elementary Neutralization Incorporates 40 CFR 270 by refer-
ence (74:28:26:01).
0 Recycling Incorporates 40 CFR 261 by refer-
ence (74:28:22:01).
0 Treatment in Accumulation Follows EPA interpretation.
Containers
0 Small Boilers and Industrial Incorporates 40 CFR 266 by refer-
Furnaces ence (74:28:27:01).
Special Considerations
• Wastes containing polychlorinated biphenyls in concentrations > 50
parts per million are subject to specific SD regulations (74:28:22:01
and 74:28:31).
SD Department of Environment and Natural Resources (DENR)
Waste Management Program
523 E. Capitol Avenue, Foss Building
Pierre, SD 27505-3181
Phone: 605/773-3153
http://www.state.sd.us/denr/denr.html
SD's hazardous waste regulations are in Administrative Rule of South
Dakota 74:28, and federal hazardous waste regulations are adopted by
reference. A free copy of the regulations is available from DENR or
the regulations can be accessed on the Internet at http://www.state.sd.us/
state/legis/lrc/rules/7428.htm.
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Tennessee
Hazardous Waste Program Description
Definition of "Hazardous Waste": Same as federal (see 1200-1-11.02).
Hazardous Waste Generator Status: Same as federal (see 1200-1-11.02(l)(e)
and 1200-1-11.03).
Regulatory Allowances for On-
0 Domestic Sewage Exclusion
0 Elementary Neutralization
0 Recycling
0 Treatment in Accumulation
Containers
0 Small Boilers and Industrial
Furnaces
Special Considerations
None.
Site Waste Minimization
See 1200-l-11.02(l)(d).
See 1200-1-1 1.07(l)(b)(4)(iv).
See 1200-l-11.02(l)(f)(3).
DEC specifies that the term "accumu-
lation" includes storage and treatment.
See 1200-l-11.03(4)(e)(l) and 1200-
See 1200-l-11.07(l)(j).
TN Department of Environment and Conservation (DEC)
Division of Solid and Hazardous Waste Management
401 Church Street
L&C Tower, 5th Floor
Nashville, TN 37243-1535
Phone: 615/532-0850
http ://www. state.tn.us/environment/
TN Hazardous Waste Management Regulations are contained in "Rules
of Tennessee Department of Environment and Conservation," Chapter
1200-1-11. A single complimentary copy of the regulations is avail-
able to TN generators from DEC. The regulations can also be accessed
for free on the Internet at http://www.state.tn.us/sos/rules/1200/1200-
01/1200-01.htm.
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Texas
Hazardous Waste Program Description
Definition of "Hazardous Waste": Same as federal; however, TNRCC regu-
lates various classes of non-hazardous waste (e.g., Class I, II and III: see
335.501 through 515).
Hazardous Waste Generator Status: Similar to federal (see 335.61 through
335.78).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion See 335.1(123), definition of "solid
waste."
0 Elementary Neutralization
0 Recycling
0 Treatment in Accumulation
Containers
0 Small Boilers and Industrial
See 335.41(d)(l).
See 335.24.
Follows EPA interpretation.
Furnaces
Special Considerations
None.
Incorporates 40 CFR 266.108 by
reference. See 335.221(a)(19).
Section 335.6(i) reiterates the one-
time notification requirement.
TX Natural Resource Conservation Commission (TNRCC)
Industrial and Hazardous Waste Permits Section
P.O. Box 13087, MC 129
Austin, TX 78711-3087
Phone: 512/239-6412
http://www.tnrcc.state.tx.us/
TX's Hazardous Waste Management Regulations are in Title 30 of the
Texas Administrative Code, Chapter 335 (30 TAG 335). A single free
copy can be obtained from TNRCC's Publications Office, 512/239-
0028, or they can be accessed for free on the Internet at http://
www.tnrcc. state.tx.us/oprd/rules/indxpdf5 .html#3 35.
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Utah
Hazardous Waste Program Description
Definition of'Hazardous Waste": Same as federal but adds certain nerve,
military and chemical agents (see R315-2-9 through 11).
Hazardous Waste Generator Status: Same as federal (see R315-2-5 and
R315-5-10).
Regulatory Allowances for On-
0 Domestic Sewage Exclusion
0 Elementary Neutralization
0 Recycling
0 Treatment in Accumulation
Containers
0 Small Boilers and Industrial
Furnaces
Special Considerations
None.
Site Waste Minimization
SeeR315-2-4(a)(l).
SeeR315-3-3(n)(5).
Incorporates 40 CFR 261.6 by
reference. See R315-2-6.
Follows EPA interpretation. Also,
seeR315-3-3(n)(l).
40 CFR 266, subpart H is incorpo-
rated by reference (see R315-14-7).
UT Department of Environmental Quality (DEQ)
Division of Solid and Hazardous Waste
P.O. Box 144880
Salt Lake City, UT 84114-4880
Phone: 801/538-6170
http ://www.eq. state .ut.us/
UT's Hazardous Waste Management Regulations can be purchased for
$ 15 from DEQ, or they can be accessed for free on the Internet at http:/
/www.eq.state.ut.us/eqshw/hwrules.htm.
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Vermont
Hazardous Waste Program Description
Definition of "Hazardous Waste": Similar to federal but modifies charac-
teristic of corrosivity to include wastes that when mixed with water yield a
solution with a pH <2 or >12.5 (7-205) and adds Vermont-specific listed
wastes (e.g., PCBs, coolants, oils, etc.; 7-211).
Hazardous Waste Generator Status: Same as federal (see 7-305 to 308).
Regulatory Allowances for On-Site Waste Minimization
HI Domestic Sewage Exclusion Only applies to wastes mixed with
"household sewage" (7-203(b)), but
mixture rule provides an exemption
for mixtures subject to the Clean
Water Act (7-203(k)).
0 Elementary Neutralization See 7-502(c).
0 Recycling See 7-502(k) and 7-605.
0 Treatment in Accumulation Follows EPA interpretation.
Containers
0 Small Boilers and Industrial See 7-512, refers to 40 CFR 266,
Furnaces Subpart H.
Special Considerations
• CESQGs are required to obtain an EPA ID number and meet container
management and accumulation area design standards (7-306). Also,
CESQG waste cannot be sent to a landfill unless the facility is certified
to accept CESQG waste.
• LQGs and SQGs must maintain an inventory of waste in "short-term"
storage areas and must inspect areas daily (7-31 l(d)).
• Hazardous waste containers in satellite accumulation areas must be
marked with the words "Hazardous Waste" and other words to identify
contents (7-310(a)(5)).
VT Department of Environmental Conservation
Waste Management Division
103 South Main St., West Building
Waterbury, VT 05671-0404
Phone: 802/241-3888
http://www.anr.state.vt.us/dec/wmd.htm
A single free copy of VT's Hazardous Waste Management Regulations
can be obtained by calling the Waste Management Division, or they can
be accessed for free on the Internet at http://www.anr.state.vt.us/dec/
wastediv/rcra/hazregs/finalreg/finalreg.htm.
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Virginia
Hazardous Waste Program Description
Definition of "Hazardous Waste": Same as federal. Incorporates 40 CFR
261 by reference (see 20-60-261).
Hazardous Waste Generator Status: Same as federal. Incorporates 40 CFR
261 and 262 by reference (see 20-60-26land 20-60-262).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion Incorporates 40 CFR 261 by refer-
ence (see 20-60-261).
0 Elementary Neutralization Incorporates 40 CFR 261 by refer-
ence (see 20-60-270 and 20-60-
970B.5).
0 Recycling Incorporates 40 CFR 261 by refer-
ence (see 20-60-261).
0 Treatment in Accumulation Follows EPA interpretation.
Containers
0 Small Boilers and Industrial Incorporates 40 CFR 266 by refer-
Furnaces ence (see 20-60-266).
Special Considerations
• Any facility that accepts CESQG waste must have written permission
fromDEQ (20-60-261B.5).
• Generators must notify DEQ 15 days prior to establishing a new haz-
ardous waste accumulation area subject to 40 CFR 262.34 (20-60-
260B.4).
VA Department of Environmental Quality (DEQ)
Waste Division
P.O. Box 10009
Richmond, VA 23240-0009
Phone: 804/698-4199
http://www.deq.state.va.us/
VAs Hazardous Waste Management Regulations are in Title 9 of the
VA Administrative Code, Chapter 20 (9VAC 20). The regulations can
be purchased for a fee from the West Publishing Group, 800/328-9352,
or they can be accessed for free on the Internet at http://
www. deq. state .va.us/info/ftp.html.
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Washington
Hazardous Waste Program Description
Definition of "Hazardous Waste": Similar to federal but adds Washington-
specific dangerous wastes and extremely hazardous wastes (173-303-080
to 104).
Hazardous Waste Generator Status: DEC recognizes LQGs and has special
provisions for "small quantity generators" (similar to federal CESQGs, see
173-303-070) and "Special accumulation standards" for generators who
generate > 220 pounds/month and accumulate < 2200 pounds of dangerous
waste on site (173-303-201).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion See 173-303-071(3)(a)).
IS Elementary Neutralization Permit-by-rule with conditions (173 -
303-802(5)).
0 Recycling See 173-303-120(4).
0 Treatment in Accumulation Allowed with certain conditions. See
Containers 173-303-170.
0 Small Boilers and Industrial WA has not yet adopted 40 CFR 266,
Furnaces Subpart H, so EPA's BIF rule is in
effect. DEC has implemented
"Special requirements for dangerous
wastes burned for energy recovery"
(173-303-510).
Special Considerations
• On a case-by-case basis, DEC requires that hazardous waste accumu-
lation areas, including satellite areas, have secondary containment. Also,
"new" (since Sept. 30,1986) accumulation areas must have secondary
containment (173-303-200).
• Containers/tanks must be marked with words that identify the major
risks associated with waste in the container (173-303-200(l)(d)).
WA Department of Ecology (DEC)
Hazardous Waste and Toxics Reduction Program
P.O. Box 47600
Olympia, WA 98504-7600
Phone: 360/407-6700
http://www.state.sc.us/dhec/eqc/
WAs Dangerous Waste Regulations (Chapter 173-303 WAC) are avail-
able for free from DEC. The regulations are not presently available on
the Internet.
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West Virginia
Hazardous Waste Program Description
Definition of "Hazardous Waste": Same as federal. Incorporates 40 CFR
261 by reference (see 33-20-3.1).
Hazardous Waste Generator Status: Same as federal. Incorporates 40 CFR
261 and 262 by reference (see 33-20-3.1 and 33-20-4.1).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion Incorporates 40 CFR 261 by reference
(see 33-20-3.1).
0 Elementary Neutralization Incorporates 40 CFR 270 by reference
(see 33-20-11.1).
0 Recycling Incorporates 40 CFR 261 by reference
(see 33-20-3.1).
0 Treatment in Accumulation DEP must be notified of generator
Containers treatment activities (see 33-20-4.2.e).
0 Small Boilers and Industrial Incorporates 40 CFR 266 by reference
Furnaces (see 33-20-9.1). Subject to air quality
rules in 45 CSR 25 (see 33-20-7. l.b).
Special Considerations
• CESQGs sending waste off-site must send hazardous waste to permit-
ted TSDFs or legitimate recycling facilities (see 33-20-3.2).
• CESQGs are subj ect to notification requirements in Section 4 (see 3 3 -
20-3.2).
WV Division of Environmental Protection (DEP)
Office of Waste Management
1356 Hansford St.
Charleston, WV 25301
Phone: 304/558-5929
http ://www. dep. state. wv.us
WV's Hazardous Waste Management Regulations are in Title 33 of the
Code of State Regulations, Series 20 (33 CSR 20). A copy of the regu-
lations can be purchased (for a small copying fee) from the WV Secre-
tary of the State, 304/558-6000, or they can be accessed for free the
Internet at http://www.state.wv.us/csr/.
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Wisconsin
Hazardous Waste Program Description
Definition of "Hazardous Waste": Same as federal (see NR605.08 and
NR605.09).
Hazardous Waste Generator Status: DNR recognizes very small quantity
generators (< 100 kg/month; VSG; NR 610.07), SQG (100 to 1000 kg/
month; 610.08) and LQG (NR615).
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion See NR605.05(l)(o).
0 Elementary Neutralization See NR630.04(7); some conditions
apply.
0 Recycling See NR630.04(6) and NR625.
0 Treatment in Accumulation See NR630.04(18).
Containers
HI Small Boilers and Industrial Although WI has not yet adopted 40
Furnaces CFR 266, Subpart H, so EPAs BIF
rule is in effect, DNR's facility
standards (NR 630) and air regula-
tions apply.
Special Considerations
• VSQGs are subject to container management and labeling provisions.
In-state facilities must have DNR approval to accept VSQG waste
(NR610.07).
• SQGs accumulating at least 1000 kg but not more than 6000 kg of
hazardous waste on site are subject to additional training provisions
(NR610.08(l)(v)).
• Generators are subject to manifest fees and annual fees.
• DNR regulates PCB wastes under Chapter 157.
WI Department of Natural Resources (DNR)
Bureau of Waste Management
P.O. Box 7921
Madison, WI 53707-7921
Phone: 608/266-2111
http://www.dnr.state.wi.us/org/aw/wm/index.htm
WFs Hazardous Waste Management Regulations (Environmental Pro-
tection Series, NR 600) can be purchased ($26 + tax) from the WI De-
partment of Administration, Document Sales, 800/362-7253. The regu-
lations can also be accessed for free on the Internet at Jittp://
www.dnr.state.wi.us/org/aw/wm/information/wiacssh.htm.
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Wyoming
Hazardous Waste Program Description
Definition of "Hazardous Waste": Same as federal.
Hazardous Waste Generator Status: Same as federal.
Regulatory Allowances for On-Site Waste Minimization
0 Domestic Sewage Exclusion See Chapter 2, Section l(d)(i)(A).
0 Elementary Neutralization See Chapter 1, Section
0 Recycling See Chapter 2, Section 1 (I); how
ever, the director retains the authority
to determine what constitutes sham
recycling.
0 Treatment in Accumulation Follows EPA interpretation.
Containers
0 Small Boilers and Industrial See Chapter 12, Section 8(i).
Furnaces
Special Considerations
None.
WY Department of Environmental Quality (DEQ)
Solid and Hazardous Waste Management Division
122 W 25th St.
Cheyenne, WY 82002
Phone: 307/777-7752
http ://deq. state. wy.us/shwd.htm
A single free copy of the "Wyoming Hazardous Waste Rules and Regu-
lations" can be obtained from the Solid and Hazardous Waste Manage-
ment Division, or they can be accessed for free on the Internet at
http://soswy.state.wy.us/rules/rules.htm.
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