United States Environmental Protection Agency Solid Waste and Emergency Response (5305W) EPA530-F-96-032 June 1996 HAZARDOUS WASTE REQUIREMENTS FOR LARGE QUANTITY GENERATORS If you are a Large Quantity Generator (LQG) of hazardous waste, you must comply with the full set of federal hazardous waste regulations. You are considered an LQG if you generate more than 2,200 lbs (1,000 kg) of hazardous waste or more than 2.2 lbs (1 kg) of acute hazardous waste per calendar month. To assist your business in learning about these requirements, the U.S. Environmental Protection Agency (EPA) has prepared this summary fact sheet. This is only a summary and does not include all of the LQG requirements. You can refer to Title 40 of the Code of Federal Regulations Part 262 (40 CFR Part 262) or EPA's handbook, Understanding Hazardous Waste Rules: A Handbook for Small Businesses 1996 Update (EPA document number 530-K-95-001), for a more detailed discussion of some of these issues. Be sure to check with your state hazardous waste agency as well, as some states have additional or more stringent requirements than the federal government. IDENTIFYING THE HAZARDOUS WASTES YOU GENERATE 40 CFR 262.10 AND PART 268 You must determine if any of the solid wastes you generate are hazardous so that you will be able to manage, report, and track them properly. Hazardous wastes can be: *Listed wastes. These wastes will appear on one of four lists published in 40 CFR Part 261. *Characteristic wastes. Certain wastes are considered hazardous if they are ignitable, corrosive, reactive, or toxic. To determine if your wastes exhibit a characteristic, you may use EPA-approved test methods or apply your knowledge of the waste. If waste is to be land disposed, you must determine if your wastes exhibit any characteristics, even if they are listed wastes. Under the Land Disposal Restrictions (LDRs), most hazardous wastes may not be land disposed until they meet "treatment standards." It is your responsibility to ensure that your waste is treated to these standards. To learn about these requirements, your state agencies or Regional Office DETERMINING YOUR GENERATOR CATEGORY 40 CFR 262.10(B) AND 261.5(B) AND (C) If you are not sure if you are an LQG, you should measure the amount of hazardous waste you generate per calendar month. Be sure to measure wastes that are: *Accumulated on site for any time before disposal or recycling. *Placed directly into an on-site treatment or disposal unit. *Generated as still bottoms or sludges and removed from product storage tanks. OBTAINING AN EPA IDENTIFICATION NUMBER 40 CFR 262.12 Identification numbers are required for persons that generate or man-age hazardous waste, including small and large quantity generators, trans-porters, and treatment, storage, and disposal facilities. You will need an EPA identification number for each site that generates hazardous waste. Once you have contacted the proper authority, you will be sent EPA Form 8700-12, Notification of Regulated Waste Activity. Fill out the form and send it to the contact listed with the form. An EPA identification number will be returned to you for each location. PREPARING HAZARDOUS WASTE FOR SHIPMENT OFF SITE 40 CFR 262.30 262.33 You must package, label, and mark your waste containers and placard vehicles that carry the wastes, following Department of Transportation (DOT) Hazardous Materials Transportation Act requirements (49 CFR Parts 172, 173, 178, and 179). Commercial waste handlers can advise you on the proper procedure, but you remain responsible for compliance. For further information, call the DOT Hazardous Materials Information Line at 202 366-4488. OBTAINING A MANIFEST 40 CFR 262.20 262.23, 262.42 A hazardous waste manifest must accompany all hazardous waste that is shipped off site. A manifest is a multipart form designed to track hazardous waste from the time it leaves the generation site until it reaches the TSDF specified on the manifest. The manifest will help you to track your waste during shipment and make sure it arrives at the proper destination. You should use the manifest form from the destination state. If the destination state does not print the manifest form, then use one from the state of origin or another source, if the state of origin does not print the manifest. The federal form is the Uniform Hazardous Waste Manifest (EPA Form 8700-22). The trans-porter and the permitted facility that treats or disposes of your waste must sign the manifest and send a copy back to you. MANAGING HAZARDOUS WASTE ON SITE 40 CFR 262.34 You may accumulate any quantity of waste in containers, tanks, drip pads, and containment buildings for up to 90 days without a permit, provided that you meet the technical standards for the containment unit. LQGs that meet all technical standards for hazardous waste accumulation also may treat the waste without obtaining a RCRA permit. Generators must clearly mark the date that accumulation begins on each container storing hazardous waste so that it is visible for inspection. LQGs are also responsible for complying with "preparedness and prevention" requirements in the event of emergencies. In addition, you must prepare a written contingency plan and train employees on hazardous waste management and emergency response. If your facility accumulates wastes for more than 90 days, it is considered a storage facility and must follow regulations described in 40 CFR Parts 264 and 270, unless you have been granted an extension by your EPA Regional Administrator. REPORTING 40 CFR 262.41 262.43 Biennial Reporting You are responsible for submitting a Biennial Report to your EPA Regional Office. Reports submitted for offsite shipping must include your EPA identification number, information for the transporter and permitted facility, a description and quantity of waste, actions you have taken to reduce the volume and toxicity of the waste, and the results of those actions. These reports give EPA a better understanding of national hazardous waste generation and disposal. They can also be used to promote pollution prevention. Some states might require you to report annually. If you only export hazardous wastes, you are not required to submit a Biennial Report. You do, however, have to submit an annual report (40 CFR 262.56). Exception Reporting If you do not receive a signed manifest from the final destination of your hazardous waste: *After 35 days, you must attempt to locate the hazardous waste by contacting the permitted facility. *After 45 days, you must submit to your EPA Regional Office an Exception Report that contains a copy of the original manifest and a cover letter describing your efforts to locate the shipment and the results of your efforts. RECORDKEEPING 40 CFR 262.40 Be sure to retain the following records at the facility for at least 3 years: signed manifests, biennial and exception reports, test results, and waste analyses. The 3-year period is automatically extended during the course of any unresolved enforcement actions. COMPLYING WITH LAND DISPOSAL RESTRICTIONS 40 CFR PART 268 Wastes must meet certain treatment standards prior to land disposal. When you transport your waste to a treatment facility, you must send a notice informing the facility that the waste does not yet meet treatment standards. The notice should contain enough information about the waste and the applicable standards so that the facility can make sure that the appropriate standards are met before disposal. A certification is required in some situations. You can contact your state agency, or EPA Regional office for help with notification and certification requirements. If you treat your waste on site, you must maintain a waste analysis plan. EXPORT/IMPORT REQUIREMENTS 40 CFR PART 262, SUBPART E If you plan to export hazardous wastes, you will have to notify EPA 60 days before the intended date of shipment to obtain written consent. Also, EPA's "Acknowledgement of Consent" document, which is filled out by the receiving country, must accompany the shipment at all times. Hazardous waste management facilities receiving waste from a foreign source must notify the EPA Regional office of the shipment at least four weeks before receiving it. Importers of hazardous waste must be U.S. citizens and must certify that the shipment is in compliance with all applicable rules under the Toxic Substances Control Act (TSCA). For more information on TSCA, call EPA's TSCA Assistance Hotline at 202 554-1404 or TDD 202 554-0551.