United States Solid Waste and
Environmental Protection Emergency Response
Agency	(5305W)	
EPA530-R-97-054
PB98-108 095
November 1997
-SEPA
RCRA, Superfund & EPCRA
Hotline Training Module
Introduction to:
(40 CFR Part 262)
Updated July 1997

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DISCLAIMER
This document was developed by Booz Allen & Hamilton Inc. under contract 68-W0-0039 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 document 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,
enforceable by any party in litigation with the United States.
RCRA, Superfund & EPCRA Hotline Phone Numbers:
National toll-free (outside of DC area)
Local number (within DC area)
National toll-free for the hearing impaired (TDD)
(800) 424-9346
(703) 412-9810
(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			 3
2.1	Hazardous Waste Determination			 3
2.2	Definition of Generator										 4
2.3	Three Generator Classifications		 5
2.4	Counting Waste	 7
2.5	Accumulation Standards									 8
2.6	Pre-Transport Requirements......					12
2.7	Reporting and Recordkeeping			14
2.8	Export and Import Requirements								 15
2.9	Farmers											...16
3.	Special Issues				 17
3.1	Active/Inactive Management									17
3.2	Closure Standards	17
3.3	Waste Minimization	18
3.4	Air Emission Standards									18
3.5	Universal Waste					18
4.	Generator Summary Chart								 19

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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
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. 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(8), 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 definition of a hazardous waste,
the generator must determine the extent of regulation to which he or she is subject.
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
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 &r applying their knowledge
of the waste's chemical and physical properties as specified in §262.11 (e.g.,
knowledge of the process, inputs, reactions, 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 regulation, 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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Generators - 5
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 £R 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 1. 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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6 - Generators
Table 1
QUANTITY DETERMINES WHICH REGULATIONS APPLY
Generator
Quantity
Regulation
Large Quantity (LQG)
>	1,000 kg/month
(> approx. 2,200 lbs)
>	1 kg/month acute (approx.
2.2 lbs)
All Part 262 Requirements
Small Quantity (SQG)
Between 100-1,000 kg/month
(approx. 220-2200 lbs)
Part 262, Subparts A, B, C
(§262.34(d) is specific to
SQGs), and E and portions of
Subpart D as specified in
§262.44
Conditionally Exempt
Small Quantity (CESQG)
<.100 kg/month
<.1 kg acute
<.100 kg acute residue
§261.5
LARGE QUANTITY GENERATOR
Large quantity generators (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
Small quantity generators (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
Conditionally exempt small quantity generators (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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Generators - 7
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
small quantity generator regulations; if the same generator produces 1,500 kg of
hazardous waste in April, that waste must be managed in accordance with the large
quantity generator 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.
Section 261.5(c) states that wastes which are not subject to regulation or are subject
only to §262.11, §262.12, §262.40(e), and §262.41 do not need to be counted. Generally,
wastes subject to "substantive regulation" or regulations related directly to the
treatment, storage, transportation, or disposal of hazardous wastes are counted in a
generator's monthly quantity determination. Wastes that are not subject to
substantive regulation need not be counted (51 FR 10152; March 24, 1986). Examples
of wastes that are not subject to substantive regulation include:
•	Wastes excluded from regulation by §261.4, including wastes commingled
with domestic sewage which pass through a sewer system to a publicly owned
treatment works (POTW) for treatment (unless the waste is managed in
nonexempt units prior to discharge to the sewer system;
e.g., an accumulation tank or container regulated under §262.34)
•	Corrosive wastes neutralized in an elementary neutralization unit that is
exempt from regulation under §§264.1 and 265.1 (unless managed in a
nonexempt unit before entering the neutralization unit).
Section 261.5(c) further states that recyclable hazardous wastes subject to the
requirements of §§261.6(b) and (c) and Subparts C, D, and F of Part 266 are counted in
the generator's monthly quantity determination. By omission, this provision
indicates that other recycled hazardous wastes (identified in §261.6(a)) are exempt
from counting requirements. Examples of wastes that would not need to be counted
are:
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
•	Scrap metal sent for recycling
•	Used oil burned for energy recovery or recycled in some other manner (e.g.,
re-refined)
•	Spent lead-acid batteries being reclaimed.
In addition, to avoid double counting, §261.5(d) states that the following types of
waste need not 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.
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, and in §261.5 for
CESQGs.
Table 2
TYPE OF GENERATOR DETERMINES LENGTH OF ACCUMULATION TIME
Generator
On-site Accumulation Time
On-site
Quantity Limit
Large Quantity
< 90 days on site
No Limit
Small Quantity
< 180 days on site or
< 270 days if shipped
200 miles or more
6,000 kg
Conditionally Exempt
Small Quantity
N/A
1,000 kg
1 kg acute
100 kg acute spill residue
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 UNITS
Large quantity generators accumulating hazardous wastes under §262.34 may only
do so in containers, tanks, containment buildings, or on drip pads. Small quantity
generators may only accumulate waste in tanks or containers. 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 and closure
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, large
quantity generators 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)).
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). A container must be marked with the date accumulation began. 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 (§262.34(a)(l)(iii)(A)).
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
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, if he
or she complies with Part 265 management standards 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)). If the generator exceeds
the 6,000 kg or the applicable accumulation time limit, he or she becomes subject to
all applicable requirements of Parts 264/265. Note that these extended time limits
only apply to SQGs accumulating waste in tanks or containers. Small quantity
generators who accumulate waste in containment buildings or on drip pads are
subject to the accumulation standards for large quantity generators.
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)). An example of an uncontrolled or unforeseen
circumstance is a truckers' strike preventing the shipment of waste off site.
Large and small quantity generators accumulating waste beyond the authorized time
limits for their category become subject to the requirements of Parts 264/265. A SQG
who accumulates more than 6,000 kg during the authorized period is also subject to
the storage facility regulations in Parts 264 or 265.
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)(4) and have a waste analysis 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
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
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 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 CESQGs is not subject to specific management
standards (Parts 262-270) for accumulation under the federal hazardous waste
regulations provided they do 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).
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)).
Section 261.5(g)(3) states 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:
•	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
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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•	A facility permitted, licensed, or registered by a state to manage municipal or
industrial 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 FRE-TRANSFORT 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. Conditionally exempt small
quantity generators do not need 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 third letter is either a
"D" for facilities with permanent ID numbers or a "T" for a facility with a temporary
number. 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.
MANIFEST (EPA FORM 8700-22)
A generator who transports, or offers for transportation, hazardous waste for off-site
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. 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
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 -13
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 small quantity generator),
he or she must file an exception report (§262.42). Conditionally exempt small
quantity generators 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 which 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 which 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 that does not store waste on site prior to recycling as regulated
under §261.6(c)(2). 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
•	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" (62 FR 6622, 6645; February 12, 1997).
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
DEPARTMENT OF TRANSPORTATION REQUIREMENTS
DOT requires that generators 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. Small quantity generators
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) 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); the EPA ID number, name, and address of each transporter; and a
description of the efforts taken to reduce the volume and toxicity of the waste
generated (waste minimization report).
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 years from the date the waste was accepted by the initial transporter. The
generator must also retain a copy of each biennial 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.
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
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. Regulations will be developed in the
future to implement the Basel Convention, an international agreement ofif-the
movement of hazardous waste sponsored by the United Nations, of which the
United States is a signatory.
EXPORTS
A person who exports hazardous waste must follow the requirements outlined in
§§262.50 through 262.57. 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 Organization for Economic Cooperation and Development (OECD) decision (61
FR 16289). The OECD decision requires member countries to 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.
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
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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Generators - 17
3. SPECIAL ISSUES
Several complex generator topics that are frequent subjects of Hotline calls are
discussed below.
3.1	ACTIVE/INACTIVE 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. The waste is not subject to hazardous
waste regulation, however, 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.
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. Generators must comply with the generic closure
requirements in §265.111 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 decontaminating all contaminated equipment, structures, and soil to
minimize the need for further maintenance and prevent post-closure escape of
hazardous 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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18 - Generators
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. Large quantity
generators must certify that they have "a program in place" to reduce the volume
and toxicity of the hazardous waste they generate; small quantity generators must
certify that they have made a good faith effort to minimize their waste generation.
Large quantity generators must also include on their biennial reports a description
of the efforts undertaken during the year to reduce the volume and toxicity of waste
generated and a description of the changes in volume and toxicity of waste actually
achieved during the year. EPA outlined six basic elements that should be included
in a waste minimization program in the May 28, 1993, Federal Register (58 FR
31114). You should be familiar with these elements as well as the statutory
authority for the waste minimization requirements.
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), large quantity
generators must comply with all applicable air emission standards in Part 265,
Subparts AA, BB, and CC (§§262.34(a)(l)(i) and (ii)). These regulations are discussed
in detail in the module entitled Air Emissions.
3.5	UNIVERSAL WASTE
Universal wastes are certain hazardous batteries, pesticides, and thermostats
handled under the special regulations in Part 273. The universal waste rule
modified the CESQG regulations. CESQGs must send their hazardous waste only to
facilities specified under §§261.5(f) and (g). The universal waste rule (60 FR 25492;
May 11, 1995) added provisions for CESQGs generating universal waste to send their
universal waste to a facility subject to Part 273.
The information in this document is not by any means a complete representation of F.PA's regulations or policies,
but is an introduction to the topic used for Hotline training purposes.

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Generators -19
4. GENERATOR SUMMARY CHART

CESQG
SQG
LQG
Quantity Limits
<100 kg/month
<1 kg acute/month
§§261.5(a) and (e)
between 100-1,000 kg/month
§262.34(d)
1000 kg/month or
>1 kg of acute hazardous
waste/month
Part 262 and §261.5(e)
EPA ID Number
Not required
§261.5
Required
§262.12
Required
§262,12
On-Site
Accumulation
Quantity
<1,000 kg
< 1 kg acute
£ 100 kg spill residue
from acute
§§261.5(f)(2) and (g)(2)
<6000 kg
§262.34(d)(l)
No Limit
Accumulation Time
Limits
None
§261.5
<	180 days or
<	270 days
§§262.34(d) and (e)
< 90 days
§262.34(a)
Storage Requirements
None
§261.5
Basic requirements with
technical standards for tanks
or containers
§§262.34(d)(2) and (3)
Full compliance for
management of tanks,
containers, drip pads, or
containment buildings
§262.34(a)
Off-site Management
of Waste
State approved or RCRA
permitted/interim status
facility
§§261.5(f)(3) and (g)(3)
RCRA permitted/interim
status facility
§262.20(b)
RCRA permitted / interim
status facility
§262.20(b)
Manifest
Not required
§261.5
Required
§262.20
Required
§262.20
Biennial Report
Not required
§261.5
Not required
§262.44
Required
§262.41
Personnel Training
Not required
§261.5
Basic training required
§262.34(d) (5)(iii)
Required
§262.34(a)(4)
Contingency Plan
Not required
261.5
Basic plan
§262.34(d)(5)(i)
Full plan required
§262.34(a)(4)
Emergency
Procedures
Not required
§261.5
Required
§262.34(d)(5)(iv)
Required
§262.34(a)(4)
DOT Transport
Requirements
Yes
(as required by DOT)
Yes
§§262:30-262.33
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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50272-101
REPORT DOCUMENTATION
PAGE
1. REPORT NO.
EPA530-R-97-054
4. Title and Subtitle
RCRA, SUPERFUND, AND EPCRA HOTLINE TRAINING MODULE:
GENERATORS (40 CFR PART 262)
INTRODUCTION TO
0 5. Report Date
° NVEHBER 1997
7. Author(s)
8. Performing Organization Rept. No
9. Performing Organization Name and Address
U.S. EPA
OFFICE OF SOLID WASTE
401 N STREET, SW
WASHINGTON. DC 20460	
10.	Project/Task/Work Unit No.
11.	Contract(C) or Grant(G) No.
(C) 68-W0-0039
(G)
12. Sponsoring Organization Name and Address
BOOZ-ALLEN t HAMILTON
4330 EAST WEST HIGHWAY
BETHESDA, MARYLAND 20814
13. Type of Report & Period Covered
TRAINING - UPDATED 7/97
14.
15. Supplementary Notes
16.	Abstract (Limit: 200 words)
ONE OF A SERIES OF MODULES DEVELOPED AS A TRAINING TOOL FOR HOTLINE SPECIALISTS. PRESENTS AN OVERVIEW OF REGULATIONS
APPLICABLE TO GENERATORS OF HAZARDOUS WASTE. DEFINES THE TERNS "GENERATOR" AND "CO-GENERATOR." LISTS THE THREE CLASSES
OF GENERATORS, OUTLINES THE DIFFERENT GENERATION AND ACCUMULATION LIMITS, AND PROVIDES SPECIFIC REGULATORY AND CFR
CITATIONS. DEFINES EPISODIC GENERATION. EXPLAINS THE USE OF EPA IDENTIFICATION NUMBERS AND MANIFESTS. OUTLINES THE
ACCUMULATION STANDARDS, DEFINES "EMPTY TANK" AND "START TIME" FOR WASTE ACCUMULATION PURPOSES, AND IDENTIFIES REGULA-
TIONS PERTAINING TO ACCUMULATION IN TANKS, CONTAINERS, CONTAINMENT BUILDINGS, AND ON DRIP PADS. DEFINES "SATELLITE
ACCUMULATION" AND PROVIDES APPLICABLE FEDERAL REGISTER CITATIONS. CITES THE CFR SECTION COVERING RECORDKEEPING AND
REPORTING REQUIREMENTS FOR GENERATORS. EXPLAINS HOW TO OBTAIN COPIES OF NOTIFICATION FORMS AND MANIFESTS. THE INFOR-
MATION IN THIS DOCUMENT IS NOT A COMPLETE REPRESENTATION OF EPA'S REGULATIONS OR POLICIES, BUT IS AN INTRODUCTION USED
FOR HOTLINE TRAINING PURPOSES.
17.	Document Analysis a. Descriptors
b. Identifiers/Open-Ended Terms
c. COSATI Field/Group
18. Availability Statement
RELEASE UNLIMITED
0 19. Security Class (This Report)0	21. No. of Pages
*	UNCLASSIFIED	 19	
° 20. Security Class (This Page) 0	22. Price
*	UNCLASSIFIED	0 0.00		
(See ANSI-239.18)
OPTIONAL FORM 272 (4-77)
(Formerly NTIS-35)

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