40 CFR 262: EPA Hazardous Waste Generators

Regulatory citation: Resource Conservation and Recovery Act (RCRA); 40 CFR Part 262

What Are EPA's Hazardous Waste Generator Requirements?

Under the Resource Conservation and Recovery Act (RCRA), businesses that generate hazardous waste must identify it, manage it safely on site and ship it only to permitted facilities. The generator standards in 40 CFR Part 262 set requirements based on how much hazardous waste a site generates each month.

Why These Rules Matter

Improperly managed hazardous waste can contaminate soil and water, cause fires and chemical reactions, and harm workers. Generators remain responsible for their waste "from cradle to grave," even after it leaves their site.

Core Requirements

1. Make a Hazardous Waste Determination

Generators must determine whether each solid waste they produce is hazardous, either because it's a listed waste or because it has a hazardous characteristic such as ignitability, corrosivity, reactivity or toxicity.

2. Determine Your Generator Category

• Very small quantity generator (VSQG): 100 kg (about 220 lbs) or less of hazardous waste per month, and 1 kg or less of acute hazardous waste
• Small quantity generator (SQG): more than 100 kg but less than 1,000 kg per month
• Large quantity generator (LQG): 1,000 kg (about 2,200 lbs) or more per month, or more than 1 kg of acute hazardous waste

3. Follow Accumulation Limits

SQGs can generally accumulate waste on site for up to 180 days (270 days if the waste must travel more than 200 miles). LQGs can generally accumulate for up to 90 days. Containers must be labeled "Hazardous Waste," marked with the hazards, kept closed and in good condition.

4. Obtain an EPA ID and Use Manifests

SQGs and LQGs need an EPA identification number and must use the Uniform Hazardous Waste Manifest to track shipments to permitted facilities.

5. Emergency Preparedness and Training

SQGs and LQGs must meet preparedness and prevention requirements. LQGs need a written contingency plan and formal personnel training, and must file a biennial report.

Common Compliance Approaches

Waste Stream Inventory

List every waste stream, its hazardous status and how it's managed.

Track Monthly Quantities

Your generator category can change month to month, so track volumes carefully.

Weekly Container Inspections

Check accumulation areas for labels, dates, closed lids and leaks.

Example: Hazardous Waste Management in Practice

A metal finishing shop generates about 600 kg of spent solvent and plating sludge per month, making it a small quantity generator. It labels containers with the words "Hazardous Waste," the hazards and accumulation start dates, inspects its storage area weekly, and ships waste with a manifest to a permitted facility well within 180 days.

Related regulations: EPA Universal Waste Rule, OSHA HazCom, EPA Tier II Reporting.

Note: This summary reflects federal EPA requirements. Many states run authorized programs with additional or stricter rules. Always check the current regulation text and your state environmental agency's requirements.

Frequently Asked Questions

What are the three hazardous waste generator categories?

EPA uses three categories based on monthly generation: very small quantity generators (100 kg or less), small quantity generators (more than 100 kg but less than 1,000 kg) and large quantity generators (1,000 kg or more, or more than 1 kg of acute hazardous waste).

How long can hazardous waste be stored on site?

Small quantity generators can generally accumulate hazardous waste for up to 180 days, or 270 days if the treatment facility is more than 200 miles away. Large quantity generators can generally accumulate for up to 90 days.

Do states have their own hazardous waste rules?

Yes. Most states are authorized to run their own RCRA programs, which must be at least as stringent as federal rules and may include additional requirements.