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Hazardous Waste Generator Regulations

A hazardous waste generator is defined by the U.S. Environmental Protection Agency as "any person or site whose processes and actions create hazardous waste." Whether a substance is a hazardous waste is determined by analysis for ignitability, corrosivity, reactivity and toxicity. If you generate more than 100 kilograms of hazardous waste per month, you must comply with EPA's Hazardous Waste Generator Regulations (Code of Federal Regulations [40 CFR 262]).

  1. Manifests

    • A generator of hazardous waste will ship waste off-site for proper treatment and disposal. The process requires absolute tracking of the shipment by use of a manifest, which must accompany the shipment. The manifest form is filled out by the generator and must designate the permitted facility, and an alternative facility that will accept the waste. The Appendix to 40 CFR 262 sets out information that must be included on the form. Among that information is identification of the transporter and Department of Transportation shipping requirements for the waste; the waste codes; types of shipping containers, quantities of waste and special handling procedures.

    Pre-Transport Requirements

    • Hazardous waste must be pretreated before transport, in accordance with Department of Transportation procedures for shippers of hazardous materials (49 CFR 173, 178 and 179). The EPA requires that waste be clearly marked with the manifest tracking number and that accumulated waste waiting for shipment be contained properly to prevent releases. The waste cannot be stored on-site for more than 90 days. In fact, the facility must document that the storage unit is emptied at least once every 90 days.

    Record Keeping, Reporting

    • The EPA requires that records and reports be kept for three years. For copies of manifests, records should be kept for three years or until the generator has received a signed copy of the form from the facility that received the waste. EPA requires that a biennial report be filed on March 1 for even-numbered years, describing the waste generated during the two-year period along with information on changes in volume and toxicity of waste generated as well as efforts taken to reduce waste volumes and toxicity. Generators are required to keep copies of any tests--specifically, waste analyses conducted--and to include that information in the biennial report.

    Exemptions

    • If a waste you produce is classified through analysis as a hazardous waste, you must first calculate the quantity you generate that is not neutralized immediately or treated on-site in totally enclosed facilities. Other exemptions include hazardous waste that is recycled or that is unused commercial chemical product. Exemptions place you in a different category, under which you still have to ensure waste is treated, disposed of and transported under permitted, licensed oversight (40 CFR 261.5 and .6). For any waste that is not exempt, you must follow EPA's requirements for manifests, pre-transport and record-keeping.

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