United States Solid Waste and EPA530-R-99-048
Environmental Emergency Response PB2000-101 888
Protection Agency (5305W) February 2000
RCRA, Super-fund & EPCRA
Hotline Training Module
Introduction to:
Generators
(40 CFR Part 262)
Updated October 1999
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DISCLAIMER
This document was developed by Booz Allen & Hamilton Inc. under contract 68-WO-0039 to EPA. It is
intended to be used as a training tool for Hotline specialists and does not represent a statement of EPA
policy.
The information in this document is not by any means a complete representation of EPA's regulations or
policies. This document is used only in the capacity of the Hotline training and is not used as a reference
tool on Hotline calls. The Hotline revises and updates this document as regulatory program areas
change.
The information in this docume nt may not necessarily reflect the current position of the Agency. This
document is not intended and cannot be relied upon to create any rights, substantive or procedural,
RCRA, Superfund & EPCRA Hotline Phone Numbers:
National toll-free (outside of DC area) (800) 424-9346
Local number (within DC area) (703) 412-9810
National toll-free for the hearing impaired (TDD) (800) 553-7672
The Hotline is open from 9 am to 6 pm Eastern Time,
Monday through Friday, except for federal holidays.
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GENERATORS
CONTENTS
1. Introduction 1
2. Regulatory Summary 2
2.1 Hazardous Waste Determination 2
2.2 Definition of Generator 3
2.3 Three Generator Classifications • 4
2.4 Counting Waste 6
2.5 Accumulation Standards 7
2.6 Pre-Transport Requirements 11
2.7 Reporting and Recordkeeping 13
2.8 Export and Import Requirements 14
2.9 Farmers : 15
3. Special Issues 16
3.1 Active Management 16
3.2 Closure Standards 16
3.3 Waste Minimization 17
3.4 Air Emission Standards 17
4. Generator Summary Chart 18
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Generators - 1
1. INTRODUCTION
The Resource Conservation and Recovery Act (RCRA) sets forth an approach for
handling the volumes of waste generated in the United States each year. Based on the
authority granted by RCRA Subtitle C, EPA developed regulations for the cradle-to-
grave management of hazardous waste. Persons who produce hazardous waste, called
hazardous waste generators, are the first link in this cradle-to-grave system. The RCRA
regulations establish basic hazardous waste management standards for generators. The
generator regulations ensure that hazardous waste is appropriately identified and
handled safely to protect human health and the environment, while minimizing
interference with daily business operations. A solid foundation in the generator
regulations is critical to a thorough understanding of the regulations governing the
management of hazardous waste from the moment it is produced, or the point of
generation, through final disposition.
When you have completed this module, you will be able to explain the definitions and
regulations that apply to generators of hazardous waste. Specifically, you will be able
to:
Define the terms "generator" and "co-generator"
List the three classes of generators, outline the different generation and
accumulation limits, and provide specific regulatory citations
Define episodic generation
Explain the use of EPA identification (ID) numbers and manifests
Outline the accumulation standards, define "empty tank" and "start time" for
waste accumulation purposes, and identify regulations pertaining to
accumulation in tanks, containers, containment buildings, and on drip pads
Define "satellite accumulation" and provide the applicable Federal Register
citations
Cite the CFR section covering recordkeeping and reporting requirements for
generators
Recognize copies of notification forms and manifests, and explain how they are
obtained.
Use this list of objectives to check your knowledge of this topic after you complete the
training session.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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2 - Generators
2. REGULATORY SUMMARY
The RCRA regulations establish a comprehensive hazardous waste management
system under the authority of RCRA Subtitle C. RCRA regulates hazardous waste from
its point of generation through its point of final disposal. Hazardous waste generators
are the first link in the cradle-to-grave hazardous waste management system. Pursuant
to the authority granted by RCRA §3002(a), EPA has developed generator standards
that address on-site accumulation of hazardous waste, cradle-to-grave tracking
(manifest system), labeling, and recordkeeping and reporting requirements. These
standards are found in 40 CFR Part 262.
Recognizing that generators produce waste in different quantities, Congress
established three categories of generators in the statute: large quantity generators
(LQGs), small quantity generators (SQGs), and conditionally exempt small quantity
generators (CESQGs). The extent of regulation to which hazardous waste generators
are subject depends on the volume of hazardous waste each generator produces. This
module defines the three classifications of generators and explains the varying degree
of regulation to which each is subject.
In order to fully understand the responsibilities of hazardous waste generators, we first
review the hazardous waste determination process.
2.1 HAZARDOUS WASTE DETERMINATION
As discussed in earlier modules, §262.11 requires generators to determine if their waste
is hazardous. The hazardous waste determination requirement applies to all
generators of solid waste. Section 262.11 sets forth the following three-step hazardous
waste determination process that any person who generates a solid waste, as defined in
§261.2, must follow. First, the generator must determine if the solid waste is excluded
from RCRA regulation under §261.4. Second, if the waste is not excluded, the generator
must determine if it is listed in Subpart D of Part 261. Third, for purposes of
compliance with the land disposal restrictions or if the waste is not listed in Subpart D
of Part 261, the generator must identify all relevant hazardous waste characteristics in
Subpart C of Part 261. The modules entitled Hazardous Waste Identification,
Definition of Solid Waste and Hazardous Waste Recycling, and Solid and Hazardous
Waste Exclusions together present the process of hazardous waste determination in
detail. It is the generator's responsibility to determine if his or her wastes are defined
as hazardous and therefore subject to regulation under Subtitle C. As discussed in
Sections 2.3 and 2.4 of this module, once a generator determines a material meets the
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Generators - 3
definition of a hazardous waste, the generator must determine the extent of regulation
to which he or she is subject.
Generators are not required to perform analytical testing to identify their waste. They
are, however, required to accurately characterize their waste. This means they may
make a hazardous waste determination by testing or applying their knowledge of the
waste's chemical and physical properties as specified in §262.11 (e.g., knowledge of the
process, inputs, reactions, or operating status for the day).
2.2 DEFINITION OF GENERATOR
Section 260.10 defines a generator as "any person, by site, whose act or process
produces hazardous waste identified or listed in Part 261 or whose act first causes a
hazardous waste to become subject to regulation." This definition contains three
important terms you need to understand to apply the generator regulations.
The first term, "by site," refers to where a hazardous waste is generated. The
regulations do not explicitly define the term "site." EPA tracks hazardous waste
generation on a site-specific basis or by "individual generation site." To do this, EPA
issues unique identification numbers to identify generators by site. Activities
occurring under the control of an owner or operator on a single piece of property
should be evaluated collectively for hazardous waste generation. For example, if
Company A operates three laboratories on a single piece of property, all three
laboratories may share one EPA ID number, and the waste from all three laboratories
may be evaluated together. If, however, Company A operates three laboratories at
three different locations that are not considered to be on contiguous property, each
laboratory is viewed as a separate potential generator and is required to obtain an
individual EPA ID number.
The second term is "person." Person is defined in §260.10 as "an individual, trust, firm,
joint stock company, federal agency, corporation (including a government corporation),
partnership, association, state, municipality, commission, political subdivision of a
state, or any interstate body." The definition of person encompasses any entity
involved with a process that generates hazardous waste.
The third key component of the generator definition is the phrase "act or process."
Because a generator is defined as the person whose act or process first causes a
hazardous waste to become subject to reRulation, sometimes the generator of a waste
may not necessarily be the person who actually produced the waste. For example, if a
cleaning service removes residues from a product storage tank excluded under
§261.4(c), the person removing the residues is the first person to cause the waste to
become subject to regulation, not the owner of the tank (i.e., the person who produced
the waste).
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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4 - Generators
CO GENERATORS
In the above residue removal example, the person removing the waste from the unit is
not the owner or operator of the unit, but he or she may be considered a generator. The
owner or operator of the unit may also be considered a generator since the act of
operating the unit led to the generation of the hazardous waste. In other words, both
the remover of the waste and the owner or operator of the tank are considered to be co-
generators. In cases where one or more persons meet the definition of generator, all
persons are jointly and severally liable for compliance with the generator regulations.
The parties may through a mutual decision have one party assume the duties of
generator, but in the event that a violation occurs, all persons meeting the definition of
generator could be held liable for the improper management of the waste (45 FR 72026;
October 30, 1980).
2.3 THREE GENERATOR CLASSIFICATIONS
The original generator regulations, published on May 19, 1980, set forth comprehensive
requirements for those persons who generated 1,000 kg or more of hazardous waste in
a calendar month (45 FR 33142). These regulations also included generators who
produced more than 1 kg of acute hazardous waste in a calendar month. Persons
generating less than 1,000 kg of hazardous waste (or less than or equal to 1 kg of acute
hazardous waste) in a calendar month were granted a conditional exemption and
subject to reduced regulatory requirements.
Congress amended the definition of generator in the Hazardous and Solid Waste
Amendments of 1984 (HSWA), requiring EPA to regulate more stringently persons who
generate between 100 and 1,000 kg of hazardous waste in a calendar month. On March
24, 1986 (51 FR 10146), EPA issued final regulations establishing a third class of
generators (persons generating 100-1,000 kg per month), and narrowed the scope of the
conditional exemption to include only persons generating 100 kg or less of hazardous
waste in a calendar month. Generators who produce 1 kg or less of an acute hazardous
waste were also granted the conditional exemption.
Generators now fall into one of three general groups according to the amount of waste
generated in a calendar month. The three classes of generators are described in Table !.-•
Since the regulations become increasingly stringent as the volume of waste generated
grows, accurate counting of the waste is critical. This complex counting issue will be
addressed in the next section of the module.
The information in this document is not by any means a complete representation of EPA's regulations or policies.
but is an introduction to the topic used for Hotline training purposes.
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Generators - 5
Table 1
QUANTITY DETERMINES WHICH REGULATIONS APPLY
Generator
Large Quantity (LQG)
Small Quantity (SQG)
Conditionally Exempt
Small Quantity (CESQG)
Quantity
• 1,000 kg/month
(approx. 2,200 Ibs)
> 1 kg/month acute
(approx. 2.2 Ibs)
> 100 kg acute residue or
contaminated soil
Between 100-1,000 kg/month
(approx. 220-2200 Ibs)
• 100 kg/month
• 1 kg acute
• 100 kg acute residue or
contaminated soil
Regulation
All Part 262 Requirements
Part 262, Subparts A, B, C
(§262.34(d) is specific to
SQGs); and Subparts E, F, G, H
if applicable; and portions of
Subpart D as specified in
§262.44
§261.5
LARGE QUANTITY GENERATOR
LQGs produce 1,000 kg or more of hazardous waste per calendar month, or more than 1
kg of acutely hazardous waste (i.e., waste codes denoted with the hazard code "H" and
all P-listed wastes). Wastes from these generators are subject to full regulation under
Part 262.
SMALL QUANTITY GENERATOR
SQGs produce between 100-1,000 kg of hazardous waste per calendar month and are
subject to modified regulations found in Part 262. Generally, SQGs must comply with
some but not all of the regulations that apply to LQGs. Simplified requirements are
specified for SQGs in place of some LQG requirements.
CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR
CESQGs produce 100 kg or less of hazardous waste per calendar month. In addition,
generators who produce 1 kg or less of acutely hazardous waste, or 100 kg or less of
contaminated soil, waste, or debris resulting from the cleanup of an acute hazardous
waste spill, are CESQGs. CESQGs are exempt from Parts 262 through 270 if they
comply with the requirements of §261.5.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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6 - Generators
EPISODIC GENERATORS
Generators may periodically exceed or fall below their normal generation limits in any
given calendar month. If the amount of waste generated in a given calendar month
places the generator in a different category, he or she is responsible for complying with
all applicable requirements of that category for all waste generated during that
calendar month. For example, if a generator produces 300 kg of hazardous waste in
March, that waste must be managed in accordance with the SQG regulations; if the
same generator produces 1,500 kg of hazardous waste in April, that waste must be
managed in accordance with the LQG regulations (51 FR 10153; March 24, 1986).
2.4 COUNTING WASTE
Generators must count the quantity of hazardous waste generated each month in order
to determine their generator classification. The regulations stating which hazardous
wastes are counted in a generator's monthly quantity determination are found in
§§261.5(c) and (d). All generators must comply with the counting requirements found
in §§261.5(c) and (d), even though the counting requirement is found in the section of
the regulations that primarily applies to CESQGs.
A generator must include all hazardous waste that it generates, except hazardous waste
that:
Is exempt from regulation under §§261.4(c) through (f), 261.6(a)(3), 261.7(a)(l), or
261.8
Is managed immediately upon generation only in on-site elementary
neutralization units, waste water treatment units, or totally enclosed treatment
facilities as defined in §260.10
Is recycled, without prior storage or accumulation, only in an on-site process
subject to regulation under §261.6(c)(2)
Is used oil managed under the requirements of §261.6(a)(4) and Part 279
Is spent lead-acid batteries managed under the requirements of Part 266, Subpart
G
Is universal waste managed under §261.9 and Part 273.
To avoid double counting, §261.5(d) states that the following types of waste need not
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Generators - 7
be counted when determining generator classification. All of these wastes have already
been counted when they were initially generated:
Hazardous waste when removed from on-site storage
Hazardous waste produced by on-site treatment (including reclamation) as long
as the hazardous waste was counted once
Spent materials generated, reclaimed, and subsequently reused on site, as long
as the spent material is counted once during the calendar month.
2.5 ACCUMULATION STANDARDS
Storage of hazardous waste generally requires a permit under the RCRA regulations.
There are, however, provisions under RCRA that allow generators to "accumulate"
hazardous waste on site without a permit as long as they comply with certain
management standards for their accumulation unit(s) and for their facility (such as a
contingency plan and personnel training requirements). The length of time a generator
is allowed to accumulate his or her waste will vary depending on the generator's
classification, as illustrated in Table 2. The regulations pertaining to accumulation of
hazardous waste on site are found in §262.34 for LQGs and SQGs, and in §261.5 for
CESQGs.
Table 2
TYPE OF GENERATOR DETERMINES LENGTH OF ACCUMULATION TIME
Generator
Large Quantity
Small Quantity
Conditionally Exempt
Small Quantity
On-site Accumulation Time
• 90 days on site
• 180 days on site or
• 270 days if shipped
200 miles or more
N/A
On-site
Quantity Limit
No Limit
6,000kg
1,000kg
1 kg acute
100 kg acute spill residue
ACCUMULATION UNITS
LQGs accumulating hazardous wastes under §262.34 may only do so in containers,
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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8 - Generators
tanks, containment buildings, or on drip pads. SQGs may only accumulate waste in
tanks or containers. If SQGs wish to accumulate waste in containment buildings or on
drip pads, then they must meet the LQG standards While these units do not need
RCRA storage permits when used for generator accumulation, they must comply with
certain standards found in the Part 265 requirements for interim status units, such as
release detection and prevention requirements. Generators who accumulate hazardous
waste in containers must comply with certain sections of Part 265, Subpart I.
Generators who accumulate hazardous waste in tanks must comply with certain
sections of Part 265, Subpart J, potentially including secondary containment and release
detection. Generators who accumulate hazardous waste in containment buildings must
comply with Part 265, Subpart DD. Generators who accumulate hazardous waste on
drip pads must comply with Part 265, Subpart W (only generators managing wood
preserving wastes may use drip pads for hazardous waste accumulation). All
accumulation containers and tanks must be labeled or marked "Hazardous Waste."
Finally, LQGs must comply with the air emission control requirements in Part 265,
Subparts AA, BB, and CC, for accumulation tanks and containers (§§262.34(a)(l)(i) and
(ii)). The modules entitled Tanks, Containers , Drip Pads, Containment Buildings, and
Air Emissions provide additional information on the hazardous waste unit standards.
SATELLITE ACCUMULATION
Prior to consolidation in the generator's waste accumulation area, §262.34(c) allows
generators to accumulate hazardous waste at or near the point where it is initially
generated and collected during daily operations (49 FR 49568; December 20, 1984). A
person may accumulate up to 55 gallons of hazardous waste or 1 quart of acute
hazardous waste at each satellite accumulation area, if it is under the control of the
person operating the process that generates the waste. Limited standards, such as
labeling and maintaining the container in good condition, apply to satellite areas
(§§262.34(c)(l)(i) and (ii)). Once the 55-gallon or 1 quart limit is exceeded at the satellite
area, the excess waste must be dated and moved within three days to the central
accumulation area where §262.34 standards apply (or the waste can be shipped directly
off site).
START TIME /EMPTY TANK
The time period for generator waste accumulation starts when waste is first placed in or
on the empty accumulation unit (tank, container, drip pad, or containment building).
Tanks and container must be marked with the date accumulation began (51 FR 10160;
March 24, 1986). In order to avoid exceeding the time limits when accumulating in a
tank, the generator should fully empty the tank every 90, 180, or 270 days as
appropriate (47 FR 1248; January 11, 1982). All wastes must be removed from drip
pads and their associated collection systems at least once every 90 days
The information in this document is not by any means a complete representation of EPA's regulations or policies.
but is an introduction to the topic used for Hotline training purposes.
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Generators - 9
ACCUMULATION TIME LIMITS
Under §262.34(a), a LQG is allowed to accumulate hazardous waste on site for up to 90
days in specified units without obtaining a storage permit or interim status, provided
he or she complies with Part 265 management standards for specific units as specified
in §262.34. (Generators that accept waste from other generators are owners or operators
of storage facilities subject to Parts 264/265.)
A SQG may accumulate up to 6,000 kg of hazardous waste for 180 days or less without
a storage permit or interim status if he or she complies with the modified standards in
§262.34(d). If the TSDF is 200 miles or more away, the generator may accumulate
hazardous waste for 270 days or less (§262.34(e)). Note that these extended time limits
only apply to SQGs accumulating waste in tanks or containers. SQGs who accumulate
waste in containment buildings or on drip pads are subject to the accumulation
standards for LQGs.
Generators may receive a 30-day extension to their 90-day, 180-day, or 270-day
accumulation period if uncontrollable and unforeseen circumstances cause them to
accumulate waste on site for longer than the allowed time period. Such an extension
may be granted by a Regional Administrator or authorized state on a case-by-case basis
(§§262.34(b) and (f)). An example of an uncontrolled or unforeseen circumstance is a
truckers' strike preventing the shipment of waste off site.
LQGs and SQGs accumulating waste beyond the authorized time limits for their
category become subject to the requirements of Parts 264 or 265, and the permitting
provisions of Part 270. A SQG who accumulates more than 6,000 kg during the
authorized period is also subject to the applicable storage facility regulations in Parts
264 or 265, and the permitting provisions of Part 270.
TREATMENT WITHOUT A PERMIT
EPA interprets the accumulation provisions of §262.34 as allowing generators to store
their waste for the allotted time period and to treat their waste in the accumulation unit,
provided the generator complies with the requirements of §262.34 as well as the unit-
specific requirements in Part 265 for tanks, containers, or containment buildings. This
interpretation allows generators to treat hazardous waste on site without obtaining a
permit or interim status (51 FR 10168; March 24, 1986, and 57 FR 37194; August 18,
1992). Some states interpret "accumulation" to include only storage and not treatment,
however, and these states may require the generator to obtain a permit in order to
conduct treatment. Generators who treat wastes in accumulation tanks, containers, or
containment buildings for purposes of meeting treatment standards under the land
disposal restrictions (Part 268) must comply with §268.7 (a) (5) and have a waste analysis
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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10 - Generators
plan on site (discussed further in the module entitled Land Disposal Restrictions). EPA
has not extended the interpretation of accumulation to allow generators of wood
preserving wastes to treat waste on drip pads because drip pads are intended to serve
solely as a means of conveying treated wood drippage and other related wastes to an
associated collection system.
GENERAL ACCUMULATION STANDARDS
LQGs accumulating hazardous waste on site under §262.34(a) must comply with the
preparedness and prevention procedures of Part 265, Subpart C. These requirements
include having an emergency coordinator and testing and maintaining emergency
equipment. SQGs are also subject to the preparedness and prevention procedures of
Part 265, Subpart C (§262.34(d) (4)).
LQGs must develop and maintain a contingency plan on site, as found in Part 265,
Subpart D, which outlines the response procedures necessary to minimize the hazards
posed by fires, explosions, or unplanned releases of hazardous waste from the facility
(§262.34(a)(4)). Such a plan is not required for SQGs, although §262.34(d)(5) (iv) outlines
appropriate response procedures.
LQGs must comply with the personnel training requirements referenced in §265.16.
These regulations require facility personnel to complete classroom or on-the-job
training to become familiar with proper hazardous waste management and emergency
procedures for the wastes handled at the facility. SQGs must follow modified
personnel training requirements under §262.34(d)(5)(iii).
CESQGs
Hazardous waste generated by a CESQG is not subject to specific management
standards (Parts 262-270) for accumulation under the federal hazardous waste
regulations provided the CESQG does not accumulate more than 1,000 kg of hazardous
waste (or more than 1 kg of acute hazardous waste, or more than 100 kg of spill residue
from an acute hazardous waste) on site at any time. A CESQG who exceeds the 1,000
kg limit for hazardous waste becomes subject to the SQG requirements in §262.34(d)
(§261.5(g)). On the other hand, a CESQG becomes subject to full regulation (i.e., large
quantity generator regulations) when the quantity of waste accumulated exceeds any of
the limits specified for acute hazardous wastes (§261.5(f)).
Sections 261.5(f)(3) and (g)(3) state that CESQGs may either treat or dispose of their
waste in an on-site facility, or ensure delivery to an off-site treatment, storage, or
disposal facility. The on-site or off-site facility, if located in the United States, must be
one of the following:
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Generators - 11
A federally permitted or interim status hazardous waste treatment, storage, or
disposal facility
A facility that is located in an authorized state and that is authorized to manage
hazardous waste
A facility permitted, licensed, or registered by a state to manage municipal or
non-municipal, non-hazardous solid waste
A facility which beneficially uses, reuses, or reclaims the waste
A universal waste handler or destination facility subject to the requirements of
Part 273.
2.6 PRE TRANSPORT REQUIREMENTS
Before shipping hazardous waste off site to a RCRA facility for treatment, storage, or
disposal, a generator must comply with numerous pre-transport requirements. These
requirements include obtaining an EPA ID number, preparing a Uniform Hazardous
Waste Manifest (EPA Form 8700-22), and complying with several Department of
Transportation (DOT) requirements.
EPA IDENTIFICATION NUMBERS
A generator must obtain an EPA ID number before treating, storing, disposing, or
transporting (or offering for transport) hazardous waste. EPA ID numbers are site-
specific numbers assigned to generators, transporters, and treatment, storage, or
disposal facilities, and need only be obtained once, although the generator should
update the state or Region if his waste activities change. CESQGs are not required to
obtain EPA ID numbers. Each EPA ID number consists of three letters and nine digits.
The first two letters are simply the two-letter abbreviation for the state in which the
facility is located. The three letters are followed by a nine-digit number uniquely
associated with the site. Emergency EPA ID numbers are available in certain situations
(45 FR 85022; December 24, 1980).
EPA ID numbers are obtained by filing Form 8700-12, "Notification of Regulated Waste
Activity," with the appropriate EPA Regional or authorized state RCRA office. The
notification forms are obtained from state or Regional offices or via the Internet.
MANIFEST (EPA FORM 8700-22)
A generator who transports, or offers for transportation, hazardous waste for off-site
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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12 - Generators
treatment, storage, or disposal must prepare a Uniform Hazardous Waste Manifest.
The manifest is a multiple-copy tracking document for hazardous waste shipments that
is required by DOT. and EPA, The manifest tracks the chain of custody for the waste
from the point it leaves the generator to final disposition at a hazardous waste TSDF or
a recycling facility. Each party that manages the waste signs the manifest and retains a
copy, providing critical continuity between the generator and the receiving facility (Part
262, Subpart B). Once the chain is complete, the receiving facility returns a signed copy
of the manifest to the generator. If a generator does not receive a copy of the manifest
signed by the designated facility owner or operator within 45 days of the date the waste
was accepted by the initial transporter (60 days for a SQG), he or she must file an
exception report (§262.42). CESQGs are not required to use a manifest when shipping
their waste off site.
A copy of the manifest form and instructions for completing it are found in the
Appendix to Part 262. All numbered sections on the manifest must be completed to
meet federal requirements. The lettered sections are options that may be required by
the generator's or receiving facility's state. Since states may customize the manifest,
§262.21 explains which state's manifest must be used when waste transportation is
interstate. Including the EPA waste code on the manifest is not an EPA requirement,
but might be required by state law.
DESIGNATED FACILITY
According to §262.20, a generator must designate one facility on the manifest that is
permitted to handle the waste described on the manifest. A designated facility, as defined
in §260.10, is a federally or state-permitted treatment, storage, or disposal facility or a
recycling facility as regulated under §261.6(c) (2) or Part 266, Subpart F. The generator may
also designate an alternate facility in case the transporter cannot deliver the waste to the
primary designated facility. If the transporter is unable to deliver the shipment to either
facility on the manifest, the generator must either designate a third facility or have the
transporter return the waste.
"ON-SITE" TRANSPORTATION
The Part 262 manifesting requirements do not apply to "on-site" transportation of
hazardous waste. "On-site" is defined in §260.10 as:
Contiguous property — property that is one continuous plot of land or several
plots of adjoining land
Noncontiguous properties with a private right-of-way under the control of the
owner of the properties
The information in this document is not by any means a complete representation oFEPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Generators- 13
Contiguous property divided by a road (public or private) with the property
entrance and exit directly across from each other and perpendicular to the road
(crossroads intersection).
In addition, to facilitate transport of hazardous waste between contiguous sites which
must be accessed by driving along a public road (e.g., university campuses, military
bases), manifests are not required for shipments of hazardous waste on rights-of-way on
or between contiguous properties, and along the perimeter of contiguous properties
controlled by the same person (§262.20(f)).
DEPARTMENT OF TRANSPORTATION REQUIREMENTS
DOT requires that generators of hazardous waste subject to manifesting meet several
requirements before transporting or offering hazardous waste for transport off site,
including packaging (§262,30), labeling (§262.31), marking (§262.32), and placarding
(§262.33). The DOT regulations are found in 49 CFR Parts 172 through 179.
2.7 REPORTING AND RECORDKEEPING
Generators have several recordkeeping and reporting responsibilities under Subpart D
of Part 262. These requirements specify the records a generator must keep, and the
length of time a generator must retain these records. SQGs have special requirements
under this subpart, identified in §262.44.
REPORTING REQUIREMENTS
LQGs who ship hazardous waste off site to a TSDF, or who treat, store, or dispose of
hazardous waste on site, must submit a Biennial Report (EPA Form 8700-13A/B) to
EPA by March 1 of each even-numbered year (§262.41). The Biennial Report compiles
data collected from off-site shipments of waste during the previous calendar year. The
report includes information such as the EPA ID number, name, and address of the
generator; the EPA ID number, name, and address of each TSDF in the United States to
which waste was sent during the period (as well as the quantity of hazardous waste
sent); and the manner in which the waste will be treated.
As stated earlier, LQGs and SQGs may also need to submit exception reports under
§262.42. EPA may require the generator to submit additional reports or information
pursuant to §262.43.
RECORDKEEPING REQUIREMENTS
Under §262.40, the generator must keep a signed copy of the manifest for at least three
The Information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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14 - Generators
years from the date the waste was accepted by the initial transporter. The generator
must also retain a copy of each Biennial Report and Exception Report for a period of
three years from the due date of the report. In addition to these requirements, a
generator must keep records of any test results, waste analyses, or other determinations
made in accordance with §262.11 for at least three years. These time periods are
extended automatically during the course of any enforcement action.
2.8 EXPORT AND IMPORT REQUIREMENTS
Part 262 contains several provisions that apply to exporters and importers of hazardous
waste. Part 262, Subpart E, applies to exporters of hazardous waste and is designed to
ensure that hazardous waste is not exported to a foreign country without that country's
prior consent. Part 262, Subpart F, contains the regulations that apply to importers of
hazardous waste. Part 262, Subpart H, contains the regulations implementing the
Organization for Economic Cooperation and Development (OECD) Decision
Concerning the Control of Transfrontier Movements of Wastes Destined for Recovery
Operations.
EXPORTS
A person who is defined as a primary exporter per §262.51 must follow the
requirements outlined in §§262.50 through 262.58. The requirements placed on
exporters of hazardous waste include specific notification of intent to export (§262.53)
and proper notification as required by the land disposal restriction program. Exporters
must also ensure that they are in compliance with any applicable international trade
agreements.
IMPORTS
Any person who imports hazardous waste is considered the generator of the waste and
must comply with all the requirements of Part 262, as well as the special importer
regulations of Subpart F. These special regulations require the importer to use the
name and address of the foreign generator and the importer's name, address, and EPA
ID number on the manifest. The transporter and the U.S. facility arranging for the
importation of the waste are both considered importers; however, the parties must
agree on which one of the two will assume the generator duties.
OECD DECISION
On April 12, 1996, EPA published a final rule establishing regulations to implement the
OECD Decision (61 FR 16289). The OECD Decision requires member countries to
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction-to the topic used for Hotline training purposes.
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Generators - 15
establish regulations for hazardous waste exported to or imported from other member
countries for recycling. As required by the OECD Decision, the regulations establish a
graduated system (green, amber, red) of procedural and substantive controls when
wastes move across national borders within the OECD for recovery (Part 262, Subpart
H). Green-listed wastes are subject to basic controls for international commercial
shipments. Amber- and Red-listed wastes require special notification to the destination
and transit OECD member countries, and also require extra information on tracking
forms.
2.9 FARMERS
Part 262, Subpart E, contains a special provision for farmers managing waste pesticides.
A farmer disposing of waste pesticides from his or her own use which are hazardous
wastes is not required to comply with the standards in Part 262 or with the standards in
Parts 264, 265, 268, or 270 for those wastes, provided he or she triple rinses the
containers in accordance with §261.7(b)(3), and disposes of the pesticide residue and
rinsate on his or her own farm in a manner consistent with the disposal instructions on
the pesticide label. If the label does not contain disposal instructions, the farmer may
not dispose of the pesticide or rinsate on his or her property and must comply with
Subtitle C regulations for disposal (45 FR 12732; February 26, 1980).
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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16 - Generators
3. SPECIAL ISSUES
Several complex generator topics that are frequent subjects of Hotline calls are
discussed below.
3.1 ACTIVE MANAGEMENT
The Hotline frequently receives questions about the applicability of the RCRA Subtitle
C regulations to wastes that were disposed before they became subject to hazardous
waste regulation. For example, callers may ask if a waste disposed prior to the
effective date of the original Subtitle C regulations (i.e., prior to November 19, 1980) is
subject to hazardous waste regulation. Information Specialists should respond by
explaining that regardless of when a waste was generated or when it was disposed, any
waste that exhibits a characteristic of hazardous waste or meets a hazardous waste
listing description is a RCRA Subtitle C hazardous waste; the determining factor is
whether the waste is "actively managed" on or after the date that the waste becomes
subject to hazardous waste regulation (57 FR 37298; August 18, 1992). The term active
management means physically disturbing wastes within a waste management unit or
disposing of additional hazardous waste in existing units containing previously
disposed wastes (57 FR 37298; August 18, 1992). For example, an F001 waste that was
disposed in 1950 became a hazardous waste as of November 19, 1980, the effective date
of the F001 listing. However, the waste is not subject to hazardous waste regulation
unless the waste is physically disturbed (e.g., exhumed). Once a person excavates the
waste, he or she is considered the generator since his or her act first caused the waste to
become subject to hazardous waste regulation (refer back to the definition of generator
in §260.10) and is subject to all applicable Part 262 requirements. Note that excavation
of contaminated soil during routine construction operations, such as pipeline
installation, may not be considered active management if the soil is redeposited into
the same excavated area. Site-specific situations should be discussed with the
implementing agency.
3.2 CLOSURE STANDARDS
For each accumulation unit, generators must comply with certain disposal and
decontamination requirements once they cease operating these units. These are known
as closure requirements. LQGs must comply with the generic closure requirements in
§§265.111(a) and (b) and 265.114, and the unit-specific closure requirements found in
Part 265, Subpart I (containers), Subpart J (tanks), Subpart W (drip pads), and Subpart
DD (containment buildings). The closure requirements include removing and
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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Generators - 17
decontaminating all contaminated equipment, structures, and soil to minimize the need
for further maintenance and prevent post-closure escape of hazardous waste. There are
no specific closure requirements for SQGs and CESQGs, except that SQGs are subject to
special requirements for accumulating hazardous waste in tanks, including closure.
3.3 WASTE MINIMIZATION
One of the mandates of RCRA is to reduce or eliminate the generation of hazardous
waste as expeditiously as possible (RCRA §1003(b)). Hazardous waste generators,
when preparing a manifest, are required to certify that they have taken steps to
minimize the amount of hazardous waste that they generate. LQGs must certify that
they have "a program in place" to reduce the volume and toxicity of the hazardous
waste they generate; SQGs must certify that they have made a good faith effort to
minimize their waste generation. EPA outlined six basic elements that should be
included in a waste minimization program in the May 28, 1993, Federal Register (58 FR
31114).
3.4 AIR EMISSION STANDARDS
RCRA requirements for controlling hazardous air emissions for generators
accumulating in tanks and containers are frequently discussed on the Hotline. With the
promulgation of the Subpart CC air emission standards (59 FR 62896;
December 6, 1994). and amendments (61 FR 59932; November 25, 1996; and 62 FR 64636;
December 8, 1997; and 64 FR 3382; January 21, 1999), LQGs must comply with all
applicable air emission standards in Part 265, Subparts AA, BB, and CC. These
regulations are discussed in detail in the module entitled Air Emissions.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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18 - Generators
4. GENERATOR SUMMARY CHART
Quantity Limits
EPA ID Number
On-Site
Accumulation
Quantity
Accumulation Time
Limits
Storage
Requirements
Off-site
Management of
Waste
Manifest
Biennial Report
Personnel Training
Contingency Plan
Emergency
Procedures
DOT Transport
Requirements
CESQG
• 100 kg/month
• 1 kg/month of acute
hazardous waste
• 100 kg/month of acute
spill residue or soil
§§261. 5 (a) and (e)
Not required
§261.5
• 1,000kg
• 1 kg acute
• 100 kg acute spill residue
§§261.5(f)(2)andfe)(2)
None
§261.5
None
§261.5
State approved or RCRA
permitted /interim status
facility
§§261.5(f)(3) and fe) (3)
Not required
§261.5
Not required
§261.5
Not required
§261.5
Not required
261.5
Not required
§261.5
Yes
(if required by DOT)
SQG
between 100-1,000
kg/month
§262.34(d)
Required
§262.12
< 6000 kg
§262.34(d)(l)
• 180 days or
• 270 days (if > 200 miles)
§§262.34(d) and (e)
Basic requirements with
technical standards for
tanks or containers
§§262.34(d)(2)and(3)
RCRA permitted /interim
status facility
§262.20(b)
Required
§262.20
Not required
§262.44
Basic training required
§262.34(d)(5)(iii)
Basic plan
§262.34(d)(5)(i)
Required
§262.34(d)(5)(iv)
Yes
§§262.30-262.33
LQG
• 1000 kg/month
> 1 kg/month of acute
hazardous waste
> 100 kg/month of acute
spill residue or soil
Part 262 and §261. 5(e)
Required
§262.12
No Limit
• 90 days
§262.34(a)
Full compliance for
management of tanks,
containers, drip pads, or
containment buildings
§262.34(a)
RCRA permitted/interim
status facility
§262.20(b)
Required
§262.20
Required
§262.41
Required
§262.34(a)(4)
Full plan required
§262.34(a)(4)
Required
§262.34(a)(4)
Yes
§§262.30-262.33
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.
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