Frequent Questions

Do small quantity generators (SQGs) accumulating hazardous waste in tanks need to comply with all of the requirements in 40 CFR Part 265, Subpart J?

SQGs accumulating hazardous waste in tanks must only comply with Section 265.201, not all of Part 265, Subpart J (Section 262.34(d)(3)). SQG tank standards consist of general operating, inspection, and closure requirements, as well as special requirements for accumulating ignitable, reactive, or incompatible wastes. Only large quantity generators (LQGs) and interim status facilities are subject to full Part 265, Subpart J requirements for hazardous waste tanks.

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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