Frequent Questions

Which wastes are counted towards a monthly generator status determination?

For the purposes of determining which wastestreams are counted in your generator classification determination, please review the regulations at 40 CFR §261.5(c) and (d).

Specifically, §261.5(c) estimates the standards for counting hazardous waste generated on a monthly basis and §261.5(d) identifies the wastes that are not included in the monthly determinations.  

The regulations referenced above are available online at www.ecfr.gov.

Additional guidance on counting wastes towards a monthly generator status determination is available in the following documents:
Memo, Cotsworth to Peters; March 22, 1999 (RCRA Online #14333)
Memo, Shapiro to Smith; June 4, 1996 (RCRA Online #14032
Memo, Petruska to McCoy; August 10, 1995 (RCRA Online #11914)
Monthly Call Center Report Question; June 1995 (RCRA Online #13746
Memo, Shapiro to Joseph; December 23, 1993 (RCRA Online #11803)
Monthly Call Center Report Question; August 1989 (RCRA Online #13312
Memo, Lowrance to Aikenhead; July 29, 1988 (RCRA Online #11359)
Memo, Williams to Hutchinson; September 2, 1987 (RCRA Online #11288
Memo, Porter to Murkowski; September 8, 1986 (RCRA Online #12732
Monthly Call Center Report Question; August 1986 (RCRA Online #12699
Monthly Call Center Report Question; November 1983 (RCRA Online #12151

These guidance documents are available at the RCRA Online database at the following URL: 
https://yosemite.epa.gov/osw/rcra.nsf/how+to+use?OpenForm

Note: On November 28, 2016, EPA published the Hazardous Waste Generator Improvements Final Rule, which makes several revisions to the hazardous waste generator regulations. These revisions may affect the information provided in this FAQ. The final rule and additional information, including a fact sheet, frequent questions, and a webinar recording and slides, are available at www.epa.gov/hwgenerators/final-rule-hazardous-waste-generator-improvements.

The Hazardous Waste Generator Improvements Final Rule is effective on May 30, 2017; however, implementation in a particular state depends on the state’s authorization status. A discussion of the effect that this final rule will have on state authorization is available on page 85801 of the rule. Information about how the rule will affect the requirements in this FAQ in a particular state is best obtained from the state hazardous waste program. A list of state hazardous waste programs is available at www.epa.gov/hwgenerators/links-hazardous-waste-programs-and-us-state-environmental-agencies.

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