Questions You Should Know about Solid Waste Mixer

These frequent questions pertain to the federal regulations. Since most states are authorized to implement the federal regulations and can be more stringent you should contact your state agency to acquire additional information.

You can find more information on our web, so please take a look.

On this page:

• What is a commercial chemical product (CCP) and what is its regulatory status when reclaimed?
• Are commercial chemical products (CCPs) solid waste when burned as a fuel for energy recovery?
• At what point does an unused commercial chemical product become a solid waste?
• What is a by-product and what is its regulatory status when reclaimed?
• What is the difference between a by-product and a co-product?
• What is a scrap metal and what is its regulatory status when reclaimed?
• What is a spent material and what is its regulatory status when reclaimed?
• If a hazardous waste is to be reclaimed, when is it no longer regulated?
• How is a secondary material regulated if it is recycled by direct use or reuse without prior reclamation?
• What are the regulatory requirements for owners and operators of recycling facilities that immediately recycle hazardous waste without prior storage?
• What is the manufacturing process tank exclusion and when does it apply to a wastestream?
• Do industrial wastewater discharges regulated under the Clean Water Act (CWA) meet the definition of a solid waste under RCRA?
• When does the domestic sewage exclusion apply? Does it apply to wastes removed from a sewer system or if the waste goes to a private sewer system?
• Does the household hazardous waste (HHW) exclusion extend to HHW collected in HHW collection programs?
• Is using manure on crops as a fertilizer an activity considered disposal of a hazardous waste and therefore subject to RCRA?
• Does the Section 261.4(a)(7) exclusion apply if a facility reclaims the spent sulfuric acid by filtration to produce virgin sulfuric acid?
• Is a discarded freon cylinder regulated as hazardous waste?
• If a batch of whole circuit boards contains mercury switches, mercury relays, nickel-cadmium batteries, and lithium batteries, but the items are removed prior to shredding, are the shredded circuit boards eligible for the Section 261.4(a)(14) exclusion?
• How is spent photographic fixer solution regulated when it is being recycled to recover silver

What is a commercial chemical product (CCP) and what is its regulatory status when reclaimed?

A commercial chemical product (CCP) is an unused chemical intermediate, off-specification variant, or spill or container residues as defined in Section 261.33 (Volume 50 of the Federal Register (FR) starting on 614, guidance on page 618; January 4, ). CCPs include all types of unused chemical products, including products that would not commonly be considered chemicals (e.g., circuit boards, batteries, and other types of equipment).

The term also includes chemical products that are not listed in Section 261.33 but exhibit one or more characteristics of hazardous waste (50 FR , ; April 11, ). Although Section 261.2(c)(3), Table 1, applies this provision to CCPs listed in Title 40 of the Code of Federal Regulations (CFR) Section 261.33, EPA interprets the definition to also include CCPs that are not listed in Section 261.33 but exhibit one or more of the characteristics of hazardous waste.

The regulatory status of a secondary material when reclaimed depends on the type of material reclaimed. CCPs are not regulated as solid wastes when reclaimed. CCPs are also not solid wastes when speculatively accumulated, but are solid waste when used in a manner constituting disposal or burned for energy recovery, used to produce a fuel or contained in fuels (Section 261.2(c)).
 

Additional information on CCPs is available in the following documents: 

50 FR , , April 11,
Monthly Call Center Report Question, August (RCRA Online #)
Memo, Lowrance to Kaul, February 23, (RCRA Online #)
Memo, Clay to Ream; November 28, (RCRA Online #)
Memo, Williams to Gray; January 20, (RCRA Online #)

Are commercial chemical products (CCPs) solid waste when burned as a fuel for energy recovery?

The manner in which a secondary material is recycled determines whether the material is a solid waste and, therefore, potentially regulated as a hazardous waste. The type of recycling called "burning for energy recovery" includes two activities: burning hazardous waste for energy recovery and using waste to produce a fuel (Section 261.2(c)(2) and 50 FR 614, 630; January 4, ). All secondary materials that are burned for energy recovery or used to produce a fuel or otherwise contained in fuels are solid wastes (Section 261.2). However, recycled CCPs that are themselves fuels are not considered solid wastes when burned for energy recovery since burning as a fuel is consistent with the product's intended use (Section 261.2(c)(2)(ii)). For example, off-specification jet fuel is not a solid waste when it is burned for energy recovery because it is itself a fuel. 

Additional information on the burning of CCP fuels is available in the following documents:

Memo, Johnson to Wieties, November 1, (RCRA Online #)
Memo, Cotsworth to Wasserstrom; August 8, (RCRA Online #)
Memo, Bussard to Gable; July 11, (RCRA Online #) 
Memo, Denit to Bozaan; November 25, (RCRA Online #) 
Memo, Barnes to Haake; July 31, (RCRA Online #) 
Memo, Williams to Corden; December 23, (RCRA Online #) 
Monthly Call Center Report Question; November (RCRA Online #) 
Memo, Williams to Citizen; March 19, (RCRA Online #) 
Memo, Williams to Weaver; March 8, (RCRA Online #) 
Monthly Report Question; December (RCRA Online #)

At what point does an unused commercial chemical product become a solid waste?

A solid waste is any discarded material that is abandoned, is recycled, is inherently waste-like, or is a military munition as defined in 40 CFR Section 261.2. An unused commercial chemical product (CCP) meets the definition of a solid waste when the generator makes the decision to discard it. Under RCRA, unused products do not become ‘waste’ until they become ‘discarded material.’ EPA believes that an unused product becomes ‘discarded’ when an intent to discard the material is demonstrated (62 FR , ; February 12, ). EPA did not intend to regulate those cases when the chemical is released into the environment as a result of use (Memo, Claussen to Warren; September 29, , RCRA Online #).

Abandoned commercial chemical products may be solid and hazardous waste. (Memo, Devlin to Regional Division Directors, May 14, , RCRA Online #),  Spilled commercial chemical products may be a solid and hazardous waste if not promptly cleaned up. A commercial chemical product recovered from a spill is not a solid waste if used for its intended purpose or sent for reclamation. (Memo, Fields to Gable, February 2, , RCRA Online #.)

A decision to send potentially creditable pharmaceuticals through reverse distribution to obtain manufacturer credit is considered a decision to discard. Nonprescription pharmaceuticals or other retail items that become unsalable at a retail store can continue to be considered products until a reverse logistics center or other subsequent entity makes the decision to discard it, as long as there is a reasonable expectation of it being legitimately used/reused (e.g., lawfully redistributed for its intended purpose) or reclaimed. (Memo, Johnson to Regional Division Directors, October 17, RCRA Online #)

Additional information regarding the solid waste determination for CCPs is available in the following documents: 

Memo, Johnson to Wieties, November 1, (RCRA Online #)
Memo, Johnson to DeMuth, May 8, (RCRA Online #)
Memo, Devlin to Tuori, April 11, (RCRA Online #)
Memo, Bussard to Caputo; November 20, (RCRA Online #)
Monthly Call Center Report Question; August 1, (RCRA Online #)
Memo, Lowrance to Shultz; May 16, (RCRA Online #) 
Memo, Clay to Ream; November 28, (RCRA Online #) 
Memo, Corson to Wittmer; May 13, (RCRA Online #)

What is a by-product and what is its regulatory status when reclaimed?

A by-product is a material that is not a primary product of a production process and is not solely or separately produced by the production process. By-product is a catch-all term that includes most wastes that are not spent materials or sludges and is meant to include "materials, generally of a residual character, that are not produced intentionally or separately, and that are unfit for end use without substantial processing"(50 FR 614, 625; January 4, ). Examples of by-products are process residues such as slags or distillation column bottoms (40 CFR Section 261.1(c)(3)). The term by-product does not include co-products. Co-products are materials produced for use by the general public and are suitable for end use essentially as-is. There are two types of by-product categories, listed by-products, which would be found in 40 CFR 261.31 or 40 CFR 261.32, and by-products exhibiting a hazardous characteristic (Section 261.2, Table 1). 

The regulatory status of a secondary material when reclaimed depends on the type of material reclaimed. Listed by-products are regulated as solid waste when reclaimed but characteristic by-products are not. Both kinds of by-product are regulated as solid waste when used in a manner constituting disposal; burned for energy recovery, used to produce a fuel, or contained in fuels; or accumulated speculatively (Section 261.2, Table 1). 

Additional information on by-products is available in the following documents:

Memo, Cotsworth to Jones; February 19, (RCRA Online #)
Memo, Fields to Wolfe; August 15, (RCRA Online #) 
Memo, Shapiro to Lettow; May 19, (RCRA Online #) 
Memo, Petruska to Farmer; August 4, ( RCRA Online #) 
Memo, Denit to Chambers; June 2, (RCRA Online #) 
Memo, Lowrance to Sinibaldi; April 21, (RCRA Online #) 
Memo, Straus to Martin; June 25, (RCRA Online #) 
Memo, Straus to Bzura; June 6, (RCRA Online #)

What is the difference between a by-product and a co-product?

A by-product is a material that is not a primary product of a production process and is not solely or separately produced by the production process, whereas a co-product is produced for the general public's use and is ordinarily used in the form produced by the process (Section 261.1(c)(3)).

Additional information on by-products is available in the following documents:

Memo, Cotsworth to Jones; February 19, (RCRA Online #)
Memo, Shapiro to Gelber; January 31,  (RCRA Online #)
Memo, Shapiro to Lettow; May 19,  (RCRA Online #)

What is a scrap metal and what is its regulatory status when reclaimed?

Scrap metal is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which, when worn or superfluous, can be recycled (40 CFR Section 261.2(c)(6)). Scrap metal is essentially a product made of metal that has become worn out or is off-specification and is recycled to recover its metal content, or metal pieces generated from machining operations and recycled to recover their metal content. Materials not covered by this term include residues generated from smelting and refining operations (i.e., drosses, slags, and sludges), liquid wastes containing metals (i.e., spent acids, spent caustics, or other liquid wastes with metals in solution), liquid metal wastes (i.e. liquid mercury), or metal-containing wastes with a significant liquid component, such as spent batteries (50 FR 614, 624; January 4, ). 

The regulatory status of a secondary material when reclaimed depends on the type of material reclaimed. Some types of scrap metal, including processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal are not solid waste and hence are not subject to regulation under Subtitle C when recycled (per 40 CFR 261.4(a)(13)). In addition, recycled scrap metal that is not excluded from the definition of solid waste is not subject to the requirements of 40 CFR Parts 262 through Parts 266, or Parts 268, 270, or 124, or the notification requirements of Section of RCRA (Refer to 40 CFR 261.6(a)(3)(ii).)

Additional information on scrap metal is available in the following documents: 

Memo, Johnson to Regional Division Directors; July 19, (RCRA Online #)
Memo, Johnson to Bryant, February 24, (RCRA Online #)
Memo, Flynn to Hohmann; June 11, (RCRA Online #)
Memo, Bussard to Reilly; February 13, (RCRA Online #)
Memo, Cotsworth to Isaacs, August 8, (RCRA Online #)
Memo, Shapiro to Donovan; August 5, (RCRA Online #)
Memo, Bussard to Sahler; July 29, ( RCRA Online #) 
Memo, Bussard to Mauro; May 9, (RCRA Online #) 
Memo, Petruska to Yazdanpanah; September 14, ( RCRA Online #)
Memo, Lowrance to Truitt; April 29, (RCRA Online # ) 
Memo, Lowrance to Tighe; April 29, ( RCRA Online #) 

What is a spent material and what is its regulatory status when reclaimed?

A spent material is any material that has been used and, as a result of contamination, can no longer serve the purpose for which it was produced without undergoing regeneration, reclamation, or reprocessing (Section 261.1(c)(1)). Examples of spent materials include spent solvents, spent activated carbon, spent catalysts, and spent acids (50 FR 614, 624; January 4, ). The regulatory status of a secondary material when reclaimed depends on the type of materials reclaimed. Spent materials are solid wastes when they are reclaimed. Spent materials are also regulated as solid wastes when used in a manner constituting disposal; burned for energy recovery, used to produce a fuel, or contained in fuels; or accumulated speculatively (Section 261.2(c)). 

Additional information on spent materials is available in the following documents: 

Monthly Call Center Report Question; April 1, (RCRA Online #)
Memo, Bussard to Woods; August 30, (RCRA Online #) 
Memo, Shapiro to Directors; March 24, (RCRA Online #) 
Memo, Shapiro to Davis; March 24, (RCRA Online #) 
Memo, Lowrance to Eschborn; July 16, (RCRA Online #) 
Monthly Call Center Report Question; December (RCRA Online #) 
Memo, Straus to Gowen; August 13, (RCRA Online #)

If a hazardous waste is to be reclaimed, when is it no longer regulated?

If a hazardous waste is to be reclaimed, it still is a solid waste until reclamation has been completed. Thus, the fact that wastes may be used after reclamation does not affect their status as wastes before and while being reclaimed (50 FR 614, 633; January 4, ). Once legitimately reclaimed, the material is no longer a solid waste. Refer to 40 CFR Section 261.3(c)(2)(i).

How is a secondary material regulated if it is recycled by direct use or reuse without prior reclamation?

Direct use or reuse of a secondary material without prior reclamation is a form of recycling. Section 261.2(e) provides exclusions from the definition of solid waste for materials that are directly used or reused without prior reclamation in one of the following ways:

• used or reused as an ingredient in an industrial process to make a product, provided the materials are not being reclaimed;
• used or reused as an effective substitute for a commercial product;
• or when returned the original production process from which it was generated as a substitute for feedstock materials.

These recycling activities are not considered to involve waste management since they are akin to ordinary production operations or the ordinary use of commercial products (50 FR 614, 619; January 4, ).

However, there are certain situations where use or reuse of a material without prior reclamation is still considered to be management of a solid waste. Section 261.2(e)(2) designates as solid wastes the following materials even if they are used or reused directly: materials used in a manner constituting disposal, or used to produce products that are applied to the land; materials burned for energy recovery, used to produce a fuel, or contained in fuels; materials accumulated speculatively; and dioxin-containing wastes considered inherently waste-like (F020, F021, F022, F023, F026, and F028). 

Additional information on recycling of secondary materials by direct use or reuse is available in the following documents: 

Memo, Hale to Regional Division Directors, October 4, (RCRA Online #)
Memo, Anders to Naylor; November 13, (RCRA Online #) 
Memo, Bussard to Woods; August 30, (RCRA Online #) 
Memo, Petruska to Amour; July 11, (RCRA Online #)
Memo, Bussard to Nebrich; March 30, (RCRA Online #) 
Monthly Report Question; May (RCRA Online #)
Memo, Straus to Lawrence; May 30, (RCRA Online #) 
Memo, Straus to Bzura; June 6, (RCRA Online #) 
Memo, Skinner to Scarbrough; June 5, (RCRA Online #)

What are the regulatory requirements for owners and operators of recycling facilities that immediately recycle hazardous waste without prior storage?

The RCRA Subtitle C requirements for owners and operators of facilities that recycle materials without prior storage are outlined in 40 CFR Section 261.6(c)(2) Opens a New Window.  . Owners and operators of these facilities must obtain an EPA ID number and follow guidelines for the use of the manifest and the reporting of manifest discrepancies (Section 261.6(c)(2)(i)-(ii). In addition, recycling units at facilities otherwise subject to RCRA permitting must comply with the air emission standards in Part 264/265, Subparts AA and BB (Section 261.6(d)). Aside from the air emission requirements, the recycling process itself is exempt from Subtitle C requirements (Section 261.6(c)(1)). (62 FR , ; December 8, ).

Additional information regarding the applicability of air emission standards to recycling units is available in the following document:

Monthly Call Center Report Question; June (RCRA Online )

What is the manufacturing process tank exclusion and when does it apply to a wastestream?

A hazardous waste that is generated in a product or raw material storage tank, a product or raw material transport vessel, a product or raw material pipeline, or in a manufacturing process unit or an associated non-waste-treatment-manufacturing unit, is not subject to regulation under 40 CFR Parts 262 through 265, 268, 270, 271, and 124 or the notification requirements of Section of RCRA until it exits the unit in which it was generated, unless the unit is a surface impoundment, or unless the hazardous waste remains in the unit more than 90 days after the unit ceases to be operated for manufacturing, or for storage or transportation of product or raw materials (Section 261.4(c)). If the waste were not generated in the unit, it would not qualify for the exclusion.

Additional information on the manufacturing process unit exclusion is available in the following documents:

Memo, Johnson to RCRA Division Directors, October 3, (RCRA Online #)
Memo, Cotsworth to Pavlou; May 26, (RCRA Online #)
Monthly Call Center Report Question; August (RCRA Online #)
Memo, Shapiro to Sweeney; April 20, (RCRA Online #)
Memo, Petruska to Goldman; March 8, (RCRA Online #)
Memo, Bussard to Duthler; January 26, (RCRA Online #)
Monthly Call Center Report Question; May (RCRA Online #)
Monthly Call Center Report Question; October (RCRA Online #)
Monthly Call Center Report Question; August (RCRA Online #)
Memo, Weil to Baker; June 29, (RCRA Online #),
Williams to Swed; December 22, (RCRA Online #)
Monthly Call Center Report Question; December (RCRA Online #)

Do industrial wastewater discharges regulated under the Clean Water Act (CWA) meet the definition of a solid waste under RCRA?

Industrial wastewater discharges that are point source discharges subject to regulation under CWA Section 402 are excluded from the definition of solid waste (40 CFR Section 261.4(a)(2)). Point source discharges are discernible or discrete conveyances from which pollutants may be discharged, such as from a pipe (Section 260.10). CWA regulates such discharges under the National Pollutant Discharge Elimination System (NPDES) permitting program. The purpose of the industrial point source discharge exclusion is to avoid duplicative regulation of point source discharges under RCRA and CWA (45 FR , ; May 19, ).
 
The exclusion applies at the discharge point where the wastes are first subject to CWA regulation (Monthly Report Question; October (RCRA Online #)). The exclusion does not apply to industrial wastewaters prior to discharge since most of the environmental hazards posed by wastewaters in treatment and holding facilities cannot be controlled under CWA (45 FR , ; May 19, ). Therefore, industrial wastewaters must be managed as solid or hazardous waste while they are being collected, stored, or treated before discharge (Memo, Shapiro to Regions; February 17, (RCRA Online #)). In addition, any sludges generated by treating the industrial wastewater must be managed as solid or hazardous waste (Memo, Lowrance to Citizen; July 12, (RCRA Online #). 

Additional information regarding industrial water discharges is available in the following documents: 
Memo, Williams to Dougherty; December 10, (RCRA Online #) 
Memo, Williams to Stringham; January 23, (RCRA Online #) 
Memo, Klepitsch to Straus; June 4, (RCRA Online #)

When does the domestic sewage exclusion apply? Does it apply to wastes removed from a sewer system or if the waste goes to a private sewer system?

The domestic sewage exclusion in 40 CFR Section 261.4(a)(1) applies to domestic sewage and any mixture of domestic sewage and other wastes that pass through a sewer system to a Publicly Owned Treatment Works (POTW) for treatment. Waste falls within the domestic sewage exclusion when it first enters a sewer system that will mix it with sanitary wastes prior to storage or treatment by a POTW.

The domestic sewage mixture must pass through a sewer system to a POTW. The domestic sewage exclusion does not extend to wastes which are transported to the POTW by truck, rail, or dedicated pipe and which do not mix with domestic sewage sludge.

Sludge removed from a sewer line is not excluded because it does not pass through a sewer system to a POTW. Domestic sewage sludge loses excluded status upon removal from the sewer system.

The domestic sewage exclusion does not extend to private or other non-municipal treatment works. Thus, a mixture of sewage with other wastes en route to a non-municipal treatment works does not cease to be a solid waste. Furthermore, although RCRA does not define sewer systems, it is not EPA's intent to include private sewers or wastewater treatment units up-stream from the point where pre-treatment standards (Section 307(b) of CWA) would apply to wastes going by a sewer to a POTW.

Materials in domestic sewage that pass through a federally owned treatment works (FOTW) are excluded from the definition of solid waste if FOTW meets criteria in Section 106 of FFCA.

References:

40 CFR Section 261.4(a)(1); 45 FR , ; May 19,
Monthly Call Center Report Question, July (RCRA Online #)
52 FR , , June 22,
Memo, Williams to Stringham, November 30, (RCRA Online #)
Memo, Bussard to Warren, March 10, (RCRA Online #)
Memo, Lowrance to Corbett, February 12, (RCRA Online #)
Memo, Clay to Schafer, June 7, (RCRA Online #)
Monthly Call Center Report Question, October (RCRA Online #)
Monthly Call Center Report Question, January (RCRA Online #)

Does the household hazardous waste (HHW) exclusion extend to HHW collected in HHW collection programs?

The HHW exclusion extends to household wastes accumulated in quantities that would otherwise be regulated or when transported, stored, treated, disposed, recovered, or reused at collection centers or during collection programs. However, if household wastes are mixed with regulated hazardous waste from commercial or industrial sources, the resulting mixture could be subject to RCRA regulation and the collection center could be a hazardous waste generator (Memo, Porter to Directors, Regions 1-10; November 1,  RCRA Online #). If a collection center does not wish to segregate HHW from other hazardous waste, or if they wish to adopt the most environmentally conservative approach, they may handle all of the waste as hazardous waste and count it all towards their generator status (Memo, Helms to Toro; July 12,  RCRA Online #).

Additional information regarding HHW collection is available in the following documents: 

Memo, Wheeler to U.S. Law Enforcement, September 11, , (RCRA Online #)
Memo, Horinko to Niebur; January 21, (RCRA Online #)
Memo, Lehman to Constantelos; January 28, (RCRA Online #)

Additional information regarding HHW.

Is using manure on crops as a fertilizer an activity considered disposal of a hazardous waste and therefore subject to RCRA?

Agricultural wastes, including manures and crop residues, returned to the soil as fertilizers or soil conditioners are excluded from regulation as hazardous waste (40 CFR Section 261.4(b)(2)) (45 FR , ; May 19, (OSW-FR-80-011)).

Additional information regarding the agricultural waste exclusion is available in the following document: Memo, Unknown to Connors; August 19,  (RCRA Online #) 

Does the Section 261.4(a)(7) exclusion apply if a facility reclaims the spent sulfuric acid by filtration to produce virgin sulfuric acid?

The Section 261.4(a)(7) exclusion applies only to spent sulfuric acid used as a feedstock in an industrial furnace for the production of virgin sulfuric acid and does not extend to spent sulfuric acid recycled in any other manner. Spent sulfuric acid is frequently burned in industrial furnaces to derive sulfur. As part of the same process, this sulfur is then purified, chemically converted, and absorbed into existing sulfuric acid. EPA has concluded that spent sulfuric acid that undergoes this process is neither regenerated nor recovered, but rather used as an ingredient in a production process (48 FR ; April 4, ). On the other hand, spent sulfuric acid recycled by another method, such as filtration, is not excluded under Section 261.4(a)(7).

Is a discarded freon cylinder regulated as hazardous waste?

Freon is considered a hazardous waste when used as a refrigerant or blowing agent if the waste generated exhibits a characteristic of a hazardous waste. However, to promote recycling and discourage the practice of venting used chlorofluorocarbon (CFC) refrigerants into the atmosphere in order to avoid Subtitle C regulation, the Agency has provided an exclusion for CFCs that are recycled (i.e., reclaimed for reuse) (56 FR ; February 13, (OSW-FR-91-005)). Used CFCs from totally enclosed heat transfer equipment (i.e., air conditioning and refrigeration systems) are not hazardous wastes when recycled, as long as the refrigerant is reclaimed for further use (40 CFR section 261.4(b)(12)). However, filters from the chlorofluorocarbon (CFC) refrigerant reclamation process do not qualify for the Section 261.4(b)(12) exclusion.

Additional information on the CFC exclusion is available in the following documents:

Memo, Shapiro to Wolf; August 22, (RCRA Online )
Monthly Call Center Report Question; September (RCRA Online #).

If a batch of whole circuit boards contains mercury switches, mercury relays, nickel-cadmium batteries, and lithium batteries, but the items are removed prior to shredding, are the shredded circuit boards eligible for the Section 261.4(a)(14) exclusion?

Circuit boards that have mercury switches, mercury relays, nickel-cadmium batteries, and lithium batteries removed prior to shredding, and that are containerized prior to recycling, are eligible for the exclusion in Section 261.4(a)(14). EPA limited the scope of the exclusion to circuit boards free of these items to prevent potential releases of mercury, cadmium, and lithium to the environment. "Free of," however, does not mean that the whole circuit boards never contained these items; it simply means these items were not part of the batch of circuit boards when shredded (62 FR ; May 12, ). If these items are removed from the whole circuit boards prior to shredding, the boards remain within the scope of the exclusion. On the other hand, shredded circuit boards that are not free of mercury switches, mercury relays, nickel-cadmium batteries, and lithium batteries are solid wastes and potentially hazardous wastes when recycled.

Additional information is available in the following documents:

Monthly Call Center Report Question; December (RCRA Online #)

How is spent photographic fixer solution regulated when it is being recycled to recover silver?

Fixer solution itself is a spent material and regulated by 40 CFR Part 266, Subpart F, when reclaimed. A sludge precipitated from that solution is not a solid waste when reclaimed and is not subject to regulation pursuant to Part 266, Subpart F.

The following memoranda provide additional information on the management of spent photographic fixer solution: 

EPA updated the hazardous waste generator regulations in a final rule published in the Federal Register on November 28, . Below is a collection of the most frequent questions EPA received during implementation of the rule and during trainings about the updated regulations.

SVL supply professional and honest service.

On this page:

• General
• Waste Determination
• Determining the Quantity of Hazardous Waste
• Marking and Labeling
• Very Small Quantity Generator (VSQG) to Large Quantity Generator (LQG) Consolidation Under the Control of the Same Person
• Episodic Generation
• Satellite Accumulation Areas
• Emergency Preparedness and Prevention
• Closure
• Re-Notification

General

1. What is the federal effective date of the Generator Improvements Rule and when is it effective in the states?
2. Where is the rule currently in effect?
3. Which provisions in the rule are more stringent, less stringent and equally stringent?

1. What is the federal effective date of the Generator Improvements Rule and when is it effective in the states?

The Generator Improvements Rule became effective on May 30, , federally and in those states and U.S. Territories not authorized for the Resource Conservation and Recovery Act (RCRA) program (i.e., Iowa, Alaska, Tribal lands and most of the territories). In the remainder of the States who are authorized for the RCRA program, the rule will not be effective in a state until the state adopts the rule and adds it to their regulations. (Note that EPA would need to authorize these additional regulations as part of the state’s authorized program in order for EPA to enforce these regulations in that state. However, states can still enforce these additional regulations upon adoption as a matter of state law, even prior to EPA authorization.)

States must adopt more stringent aspects of the federal rule but can choose whether to adopt aspects of the rule that are less stringent or equally stringent. For those revisions that are more stringent, states are required to adopt the rule by July 1, , or July 1, , if the state regulatory process includes a legislative step.

2. Where is the rule currently in effect?

The rule was automatically in effect in Iowa, Alaska, on Tribal lands and in most of the Territories of the United States on the effective date of the final rule.

Refer to the most current list of states that have adopted the rule.

3. Which provisions in the rule are more stringent, less stringent and equally stringent?

States must adopt, as part of their generator regulations, all provisions in the final generator rule that are more stringent than the existing provisions. These provisions are the following:

• Re-notification every four years by small quantity generators.
• Incompatible wastes must not be placed in the same containers at a satellite accumulation area.
• Satellite accumulation areas are subject to emergency preparedness and prevention requirements.
• Labels on waste containers, tanks, and containment buildings must identify the hazards of wastes being accumulated.
• RCRA waste codes (e.g., F006, D001) must be marked on the waste container prior to shipment off-site.
• A generator must submit notification to EPA or the authorized state when preparing to close its facility and when that closure has been completed.
• If a large quantity generator (LQG) that has accumulated hazardous waste in containers cannot meet standards to clean close its facility at the end of its life, it must close as a landfill.
• If a generator is an LQG any month of the year, it must complete the Biennial Report for all the waste generated in that year, not just the waste generated in the months it was an LQG.
• Recyclers that do not store prior to recycling must complete and submit the Biennial Report.
• LQGs must prepare Quick Reference Guides for their contingency plans and submit them to local responders.

Note, there may be instances where states have existing regulations or policies that are less stringent than the new provisions and thus, may need to be revised to be as stringent as the federal program.

The provisions in the final generator rule that are less stringent than the previous regulations do not have to be adopted by states because state regulations can be more stringent than the federal regulations. These provisions are the following:

• Streamlined provisions to allow generators that experience an event outside of normal production to ship that waste off site with a manifest to a RCRA-designated facility without a change to their normal generator category (referred to as Episodic Generation).
• Allowing LQGs to accept waste from very small quantity generators under the control of the same person for consolidation at the LQG. The consolidated waste then must be shipped from the large quantity generator to a RCRA-designated facility under a hazardous waste manifest, referred to as very small quantity generator (VSQG) to LQG Consolidation.
• Allowing LQGs that cannot meet the requirement to store ignitable or reactive waste 15 meters from the property line to get a waiver from the local fire authorities if appropriate.

The remaining revisions in the final rule are clarifications, the reorganization of the regulations, and explanations of the existing rules. Thus, authorized states may, but are not required to, adopt these changes. EPA encourages states to adopt these program improvements.

Waste Determinations

1. What changed in the Generator Rule for making hazardous waste determinations?
2. What can be considered "generator knowledge" when making a hazardous waste determination?
3. How should a generator manage hazardous waste if awaiting test results to make a determination?

1. What changed in the Generator Rule for making hazardous waste determinations?

EPA made the following six changes to the requirements that a generator make a hazardous waste determination found in title 40 of the Code of Federal Regulations (CFR) section 262.11:

1. Specified that the solid and hazardous waste determination be accurate and expanded on why the hazardous waste determination is important; i.e., to ensure the proper management of the waste within the RCRA framework;
2. Required the hazardous waste determination for each solid waste be made at the point of waste generation, before any dilution, mixing, or other alteration of the waste occurs, and at any time in the course of its management that it has, or may have, changed its properties as a result of exposure to the environment or other factors, such that its waste classification may have changed;
3. Incorporated regulatory language that elaborates on how to make a hazardous waste determination for listed and characteristic hazardous waste;
4. Referenced the applicable RCRA regulations for identifying possible exclusions or exemptions for the hazardous waste in 40 CFR section 262.11(e);
5. Moved the independent recordkeeping and retention requirements for hazardous waste determinations currently found at 40 CFR section 262.40(c) into section 262.11(f), with clarifications on what records must be kept; and
6. Required small quantity generators and LQGs to identify the applicable RCRA waste codes for the hazardous waste they have generated, but clarified that the containers only need to be marked with this information before shipping hazardous waste off site to a RCRA permitted treatment, storage, and disposal facility in accordance with the requirements of 40 CFR section 262.32. Note, generators can apply the waste codes to containers prior to that time if they choose to, but it’s not required before that time.

2. What can be considered "generator knowledge" when making a hazardous waste determination?

To make an accurate determination that the waste is a listed hazardous waste, acceptable knowledge that can be used includes waste origin, composition, the process producing the waste, feedstock and other reliable and relevant information.

To make an accurate determination that the waste is a characteristic hazardous waste, the generator must apply knowledge of the hazard characteristic of the waste in light of the materials or the processes used to generate the waste. Acceptable knowledge includes:

• process knowledge (e.g., information about chemical feedstocks and other inputs to the production process);
• knowledge of products, by-products, and intermediates produced by the manufacturing process;
• chemical or physical characterization of wastes;
• information on the chemical and physical properties of the chemicals used or produced by the process or otherwise contained in the waste;
• testing that illustrates the properties of the waste;
• or other reliable and relevant information about the properties of the waste or its constituents.

A test other than a test method set forth in subpart C of 40 CFR part 261 (or an equivalent test method approved by the Administrator under 40 CFR section 260.21) may be used as part of a person's knowledge to determine whether a solid waste exhibits a characteristic of hazardous waste. However, such tests do not, by themselves, provide definitive results.

When available knowledge is inadequate to make an accurate determination, the person must test the waste according to the applicable methods set forth in subpart C of 40 CFR part 261 (or according to an equivalent method approved by the Administrator under 40 CFR section 260.21). If the generator uses a specified test method, the results of the regulatory test, when properly performed, are considered definitive for making the hazardous waste determination.

3. How should a generator manage hazardous waste if awaiting test results to make a determination?

Any generator managing a potentially hazardous waste should manage it in accordance with the generator regulations until such time that the generator is sure that the waste is not hazardous.

Determining the Quantity of Hazardous Waste

1. Did EPA make substantive changes to the generator categories and the requirements for determining the quantity of hazardous waste?
2. Does exceeding the accumulation limit of 1,000 kilogram (kg) of hazardous waste for very small quantity generators or 6,000 kg of hazardous waste for small quantity generators change a generator's category?
3. Does hazardous waste that is generated and accumulated at a satellite accumulation area count toward a generator's category for that month?

1. Did EPA make substantive changes to the generator categories and the requirements for determining the quantity of hazardous waste?

In the final generator rule, EPA promulgated new and updated definitions for very small quantity generator (formerly conditionally exempt small quantity generator), small quantity generator, and large quantity generator. However, EPA did not change the monthly generation quantity limits for each category of hazardous waste generator from the previous regulations.

Likewise, generators have always been required to determine their monthly generator category based on the amount of hazardous waste they generate in that calendar month. The new standards in 40 CFR in section 262.13 provide more information about how to determine the amount of hazardous waste when making a monthly category determination. EPA has also included in the regulation additional discussion of requirements for very small quantity generators mixing hazardous waste and solid waste and moved it into 40 CFR section 262.13(f)(1) from section 261.5. The new section 262.13(f)(2) also includes a reference to the requirements for small and large quantity generators that mix solid and hazardous waste.

2. Does exceeding the accumulation limit of 1,000 kilogram (kg) of hazardous waste for very small quantity generators or 6,000 kg of hazardous waste for small quantity generators change a generator's category?

For very small quantity and small quantity generators, the RCRA regulations differentiate between the amount of hazardous waste a generator generates per month and the total amount of hazardous waste accumulated on site. A generator's category (very small quantity generator, small quantity generator, or large quantity generator) is defined by how much hazardous waste is generated in that month. As described below, the accumulation limits in the regulations work slightly differently for very small quantity generators and small quantity generators. Large quantity generators have no accumulation limit.

If a very small quantity generator exceeds the accumulation limit of 1,000 kg of non-acute hazardous waste or 1 kg of acute hazardous waste, the hazardous waste itself must be managed under more stringent standards, but the very small quantity generator’s category does not change. The more stringent standards that apply to waste once the accumulation limit is exceeded are basically small quantity generator standards for exceeding the accumulation limit of 1,000 kg of non-acute hazardous waste and large quantity generator standards for exceeding the accumulation limit of 1 kg of acute hazardous waste.

For small quantity generators, the 6,000 kg accumulation limit is a condition of the generator’s exemption from permitting requirements. Because a small quantity generator can only generate up to 1,000 kg of hazardous waste per month, if the SQG has accumulated more than 6,000 kg of hazardous waste on-site (and does not have an extension for accumulation beyond the 180 days—approximately 6 months—that are allowed), this is an indication that the generator either was generating more than 1,000 kg for one or more months or has accumulated the hazardous waste for more than 180 days. In this situation, the small quantity generator can choose to become a large quantity generator and manage the hazardous waste as a large quantity generator. Alternatively, the small quantity generator will lose its exemption from regulation as a storage facility and be subject to the requirements in 40 CFR parts 264 through 267, part 270, and the notification requirements at section of RCRA.

3. Does hazardous waste that is generated and accumulated at a satellite accumulation area count toward a generator's category for that month?

Yes. All hazardous waste should be counted and applied toward the calendar month in which it is generated. This includes all hazardous waste that is generated and accumulated at satellite accumulation areas.

Marking and Labeling

1. What new requirements are there for marking and labeling of hazardous waste containers, tanks, and containment buildings?
2. Does the U.S. Department of Transportation (DOT) Class 9 “miscellaneous” hazardous materials label meet the RCRA requirement in 40 CFR part 262 for a generator to mark or label its containers and tanks with an indication of the hazards of the contents?
3. When do waste codes need to be applied to the container?

1. What new requirements are there for marking and labeling of hazardous waste containers, tanks, and containment buildings?

The final rule added a provision that generators must mark hazardous waste with an indication of the hazards of the contents. This requirement applies from the point of generation at a satellite accumulation area and includes generator central accumulation areas, transfer facilities that consolidate hazardous waste from different generators, and generator accumulation areas at RCRA treatment, storage, and disposal facilities. EPA is allowing flexibility in how a generator indicates the hazards.

Examples of how to indicate the hazards include (but are not limited to):

• The words of the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic);
• Hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding);
• A hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR section .; or
• A chemical hazard label consistent with the National Fire Protection Association code 704.

2. Does the DOT Class 9 “miscellaneous” hazardous materials label meet the RCRA requirement in 40 CFR part 262 for a generator to mark or label its containers and tanks with an indication of the hazards of the contents?

No. The use of a DOT Class 9 miscellaneous dangerous goods label is not appropriate to meet this RCRA labeling standard. The regulations require that the generator mark or label the container with the words “Hazardous Waste” and give an indication of the hazards of the contents. Unlike DOT Class 1–8 labels, the DOT Class 9 miscellaneous dangerous goods label does not indicate any specific hazard associated with the waste. While this DOT Class 9 label does not meet the RCRA on-site accumulation labeling standard, it may be used when applicable to meet DOT requirements.  

3. When do waste codes need to be applied to the container?

The RCRA waste codes must be placed on the containers before shipping hazardous waste off site to a RCRA permitted treatment, storage and disposal facility but do not need to be applied before that time. An electronic system, such as a bar code system, is acceptable as long as the RCRA waste code(s) are tied to the specific container.

VSQG to LQG Consolidation Under the Control of the Same Person

1. Do you have to manifest when shipping hazardous waste from a very small quantity generator to a large quantity generator under the consolidation provision?
2. How does a very small quantity generator have to mark containers of hazardous waste when sending it to be consolidated at a large quantity generator?
3. Is there a time limit for accumulation of hazardous waste at a very small quantity generator before consolidating at a large quantity generator?
4. When does the 90-day limit for accumulation of waste at a large quantity generator start for consolidated waste?
5. Can very small quantity generator waste be treated or consolidated with similar hazardous waste once it reaches a large quantity generator where it is being consolidated?
6. Can a very small quantity generator consolidate at a large quantity generator when the large quantity generator is in another state?

1. Do you have to manifest when shipping hazardous waste from a very small quantity generator to a large quantity generator under the consolidation provision?

No. The very small quantity generator does not have to use the hazardous waste uniform manifest and is not required to use a hazardous waste transporter when shipping waste to a large quantity generator to be consolidated. Any applicable Department of Transportation requirements would continue to apply.

2. How does a very small quantity generator have to mark containers of hazardous waste when sending it to be consolidated at a large quantity generator?

The containers must be marked with the words "Hazardous Waste," and an indication of the hazards of the contents of the containers (as explained above under Marking and Labeling).

3. Is there a time limit for accumulation of hazardous waste at a very small quantity generator before consolidating at a large quantity generator?

No. There is no time limit for accumulating hazardous waste at a very small quantity generator that will be sending their waste to the large quantity generator for consolidation. The very small quantity generator must stay under the overall accumulation limit in the regulations, however (i.e., 1,000 kg non-acute hazardous waste and 1 kg acute hazardous waste).

4. When does the 90-day limit for accumulation of waste at a large quantity generator start for consolidated waste?

The 90-day clock starts when the very small quantity generator’s waste arrives at the large quantity generator for consolidation. The large quantity generator would add that date to the label as the accumulation start date and have 90 days to get the consolidated waste off-site.

5. Can very small quantity generator waste be treated or consolidated with similar hazardous waste once it reaches a large quantity generator where it is being consolidated?

Yes. Very small quantity generator waste can be treated or consolidated with other waste at the large quantity generator as long as the wastes are compatible and the large quantity generator complies with the conditions for exemption in 40 CFR section 262.17 for all the hazardous waste. If very small quantity generator waste is mixed or consolidated with the large quantity generator waste that had been generated before the very small quantity generator waste arrived at the large quantity generator, the earlier date would need to be used in determining the accumulation start date.

6. Can a very small quantity generator consolidate at a large quantity generator when the large quantity generator is in another state?

Yes. A very small quantity generator can consolidate at a large quantity generator in another state as long as both states have adopted the consolidation provision and the very small quantity generator and the large quantity generator are under the control of the same person. Under the control of the same person means the entity has the power to direct the policies of the generator.

Episodic Generation

1. What is an “episodic event”?
2. How many episodic events can a very small quantity generator or small quantity generator conduct in one year?
3. What happens if you have an unplanned episodic event and you don’t initially know if your waste is hazardous?
4. If holding a second episodic event that is unplanned, when must the generator submit the petition for that event?
5. When does the 60-day limit for an episodic event start?
6. By when does the hazardous waste have to be transported off-site?
7. Do very small quantity generators and small quantity generators holding episodic events have to ship hazardous waste using a Hazardous Waste Manifest?
8. Do very small quantity generators and small quantity generators holding episodic events have to complete the Biennial Report?

1. What is an “episodic event”?

An episodic event, as defined in 40 CFR section 262.231 of the generator regulations, is an activity that does not normally occur during a generator’s operations and that causes that generator to exceed the threshold for its normal generator category for that month. Both very small quantity generators and small quantity generators can experience episodic events. Episodic events can be planned or unplanned. A clean out of a tank or of a laboratory, a short-term maintenance project, or a removal of excess inventory would be considered planned episodic events. There can also be unplanned events such as a spill caused by a storm, damaged equipment, or a product recall. An episodic event cannot last more than 60 days beginning on the first day episodic hazardous waste is generated and concluding on the day the hazardous waste is removed from the generator’s site. Increased production of hazardous waste due to an increased rate of production is not an episodic event.

2. How many episodic events can a very small quantity generator or small quantity generator conduct in one year?

A generator can conduct one planned or unplanned episodic event in a calendar year and can submit a petition for a second event if necessary in the same calendar year. If the first event is planned, then any second event would have to be unplanned. If the first event is unplanned, any second event would have to be planned.

3. What happens if you have an unplanned episodic event and you don’t initially know if your waste is hazardous?

When an unplanned episodic event occurs, the generator may not know immediately if the waste generated is hazardous or non-hazardous. If enough waste has been generated that the generator would be bumped into a higher generator category (small or large quantity generator) if it is hazardous, the generator must notify EPA or the authorized state within 72 hours. EPA recommends the generator use EPA Form -12 (Site ID Form) to notify that an episodic event has occurred and begin managing the waste under the episodic generation provisions.

Very small quantity generators must manage the waste in a manner that minimizes the possibility of a fire, explosion, or release and small quantity generators must manage the waste under the container and tank standards in 40 CFR section 262.16. All generators must label the waste with the words “Episodic Hazardous Waste,” with a word, placard or pictogram that identifies what the hazards are that the waste poses, and with the start date of the episodic event.

If the waste turns out not to be hazardous, the generator can work with EPA or the authorized state to cancel the unnecessary episodic event so it does not count toward their limit for the year. The recommendation to manage the waste in a conservative manner under the assumption that it might turn out to be hazardous waste is consistent with EPA’s guidance for the generation of any new waste that has not gone through a hazardous waste determination yet.

4. If holding a second episodic event that is unplanned, when must the generator submit the petition for that event?

If a generator holds a second event that is unplanned, it must notify EPA or the implementing state within 72 hours of the start of the event by , , or fax and subsequently submit a petition with all the relevant information for the event. The generator may manage hazardous waste for an unplanned second event under the episodic generation standards while awaiting approval from EPA or the implementing state.

5. When does the 60-day limit for an episodic event start?

The 60-day limit for a planned episodic event starts on the first day the hazardous waste is generated as part of any activities affiliated with the event. Also, for an unplanned episodic event, the event begins on the first day the hazardous waste is generated, regardless of whether the generator has completed analysis confirming that the waste is hazardous.

6. By when does the hazardous waste have to be transported off-site?

The very small quantity generator or the small quantity generator has 60 days from the start of the event to complete it and ship all the hazardous waste off site to a RCRA-designated facility for treatment, storage, or disposal. If the hazardous waste is not off site within 60 days, then it must be counted toward the generator's monthly generation levels.

7. Do very small quantity generators and small quantity generators holding episodic events have to ship hazardous waste using a Hazardous Waste Manifest?

Yes. All generators holding episodic events must ship the waste to a RCRA-designated treatment, storage, or disposal facility using a Hazardous Waste Manifest and a hazardous waste transporter.

8. Do very small quantity generators and small quantity generators holding episodic events have to complete the Biennial Report?

No. A very small quantity generator or a small quantity generator who generates more than their normal category amount as part of an episodic event does not become a large quantity generator and does not need to complete a Biennial Report.

Satellite Accumulation Areas

1. When is a generator allowed to have open containers at a satellite accumulation area?

Under limited circumstances, a generator is allowed to have open containers in a satellite accumulation area. Generators have always been allowed to have a container open when adding, removing, or consolidating waste. EPA is now allowing for the satellite accumulation area container to be open when temporary venting of a container is necessary:

1. for the proper operation of equipment, or
2. to prevent dangerous situations, such as build-up of extreme pressure.

EPA stresses it does not intend to create a loophole to the closed container requirement or to allow intentional evaporation of hazardous waste. Rather, temporarily allowing for an open container is intended to apply in the limited cases where “strict adherence to the 'container closure' requirements could substantially increase a risk of a hazardous waste incident rather than decrease it.”

Emergency Preparedness and Prevention

1. What are a generator’s requirements for “making arrangements” with local emergency responders?
2. Do satellite accumulation areas have to be included in a contingency plan? Does the point of generation need to be included also?
3. When do large quantity generators have to complete a Quick Reference Guide as part of their contingency plan?
4. What elements have to be included in a large quantity generator’s Quick Reference Guide?

1. What are a generator’s requirements for “making arrangements” with local emergency responders?

Both small quantity generators and large quantity generators have long been required to make arrangements with local emergency responders that are appropriate for the type of waste being handled by the generator. These arrangements include familiarizing local responders with the layout of the facility, the properties of the hazardous waste on site at the facility, where personnel are likely to be working at the facility and possible evacuation routes. Generators have always had to document if they were unable to make these arrangements with state or local authorities. These requirements were found in the previous regulations in 40 CFR section 262.34 (and containing a reference to section 265.37 in part 265 subpart C) for both small and large quantity generators.

The final Generator Improvements Rule has copied this requirement into 40 CFR part 262 at section 262.16(b)(8)(vi) for small quantity generators and section 262.256 for large quantity generators. The new regulations also added a requirement that the generator must keep documentation of the fact that it has made arrangements with local emergency responders, adding to the existing requirement that the generator document if it cannot make the arrangements.

2. Do satellite accumulation areas have to be included in a contingency plan? Does the point of generation need to be included also?

Yes, to both. Emergency preparedness and prevention provisions under RCRA apply to areas where hazardous waste is generated and accumulated. This includes satellite accumulation areas and central accumulation areas, which both have to be covered by the contingency plan. By definition, the satellite accumulation areas need to be "at or near" the point of generation per 40 CFR section 262.15(a), and therefore, points of generation are also covered by the contingency plan.

3. When do large quantity generators have to complete a Quick Reference Guide as part of their contingency plan?

There is a staggered rollout for the new requirement for large quantity generators to submit a Quick Reference Guide as part of their contingency plans:

• New large quantity generators must submit the quick reference guide when they submit their contingency plan to local emergency responders.
• A large quantity generator in operation when the regulations went into effect on May 30, , must submit a Quick Reference Guide at the time they next submit a revised contingency plan to local responders due to other necessary revisions (40 CFR section 262.262(b)).

4. What elements have to be included in a large quantity generator’s Quick Reference Guide?

The Quick Reference Guide includes eight elements that are critical to local responders when an emergency is occurring at a facility:

1. The types and names of the hazardous wastes on site and their hazard in layman’s terms (e.g., toxic paint wastes, spent ignitable solvents);
2. An estimated maximum amount of each hazardous waste on site at any one time;
3. The identification of any hazardous waste that would require unique or special treatment by medical staff in the event of exposure;
4. A map of the facility identifying where hazardous waste may be located;
5. A street map of the facility in relation to surrounding businesses, residences, and schools;
6. The location of the water supply;
7. Information about any on-site notification systems to communicate with people at the facility; and
8. The name of an emergency coordinator available at any time.

EPA recommends that large quantity generators discuss the appropriate contents of the Quick Reference Guide when making arrangements with local emergency responders to coordinate on whether any additional information would be useful to those responders in the case of an emergency.

Closure

1. What does a large quantity generator have to do when closing a central accumulation area (90-day accumulation area), but not the entire facility?
2. If a generator’s central accumulation area has no hazardous waste in it currently, does that mean it is “closed”?
3. Does the requirement for a large quantity generator to notify about the closure of a container storage area apply to satellite accumulation areas?
4. If a generator was a large quantity generator for all or most of its existence except the last few months prior to closure, does it have to comply with the closure requirements?

1. What does a large quantity generator have to do when closing a central accumulation area (90-day accumulation area), but not the entire facility?

A large quantity generator may choose one of the following two options to ensure that upon closure this accumulation area will be identified as a former accumulation area for hazardous waste:

1. Place a notice in the operating record within 30 days after closing the waste accumulation unit that identifies the unit’s location within the facility. Applicable closure performance standards can then be addressed later when the entire facility closes. If necessary, the notice can be removed from the operating record at any point before closing the facility if the waste accumulation unit is put back into service. This is the option we expect most large quantity generators will choose to employ; or
2. Notify the regional EPA Administrator using EPA Form -12 (Site ID Form) no later than 90 days after closing the unit. The large quantity generator should have met the closure performance standards in 40 CFR section 262.17(a)(8)(iii) on or before the date they submit the 90-day notification. 

2. If a generator’s central accumulation area has no hazardous waste in it currently, does that mean it is “closed”?

No. If there is no hazardous waste currently in a central accumulation area, that does not mean that it closed for the purposes of putting a notice in the operating record or notifying the state or EPA. A closed central accumulation area is an area from which the generator has removed all hazardous waste and that it does not intend to use again as a central accumulation area in the future.

3. Does the requirement for a large quantity generator to notify about the closure of a container storage area apply to satellite accumulation areas?

No. A large quantity generator does not need to notify EPA or its authorized state when closing a satellite accumulation area. This is noted in the rule preamble at volume 81 of the Federal Register (FR) on page .

4. If a generator was a large quantity generator for all or most of its existence except the last few months prior to closure, does it have to comply with the closure requirements?

EPA recommends that a generator that has had fluctuating generator categories work with its state to determine whether it must comply with the closure requirements. Technically, if a generator has ever been a large quantity generator during its lifetime, the closure provisions apply. However, EPA or the state will make a case-by-case determination based on the facts of the situation. For example, a facility that was a large quantity generator for 20 years and then dropped down to a small quantity generator for six months before closing, would most likely be subject to the closure requirements. Conversely, a facility that was a small quantity generator for twenty years but was a large quantity generator for the last six months before closure, may not have to undergo closure.

Re-Notification

1. When does the provision for re-notification by small quantity generators go into effect?
2. Will re-notification requirements change if the state already requires annual or biennial re-notification by small quantity generators?

1. When does the provision for re-notification by small quantity generators go into effect?

Small quantity generators will be required to re-notify starting in and every four years thereafter using EPA Form -12. This re-notification must be submitted by September 1st of each year in which re-notifications are required.

2. Will re-notification requirements change if the state already requires annual or biennial re-notification by small quantity generators?

If the state already collects this information from small quantity generators annually or biennially, as long as the more frequently state-collected data is transferred into the national RCRA information management system or RCRAInfo by the state on the timetable EPA finalized in the Generator Improvements final rule, these existing state regulations would meet the requirement. If the generator's state requires more frequent re-notification, the small quantity generator should comply with the state's deadlines.

Last updated on February 21,

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