Chapter 7 Hazardous and Recycled Waste

CHAPTER 7 

Hazardous and Recycled 

Waste

This chapter describes the accumulation, tracking, and transport of hazardous 

wastes from generation to ultimate disposal. It includes:

 Guidelines for determining if a waste is Resource Conservation and Recovery 

Act (RCRA) hazardous 

 Three categories of hazardous waste generators that are regulated according 

to the amount of waste they generate monthly

 A summary of the more lenient requirements for hazardous waste that is 

recycled (such as used oil and universal waste)

 The waste minimization certification requirement

7.1 Regulatory Background

The hazardous waste management program is continuously modified through

new regulations, policies, and congressional mandates. This chapter presents

an overview of some of the most complex regulations developed by the U.S

Environmental Protection Agency 

In 1976, Congress passed RCRA because of the national problems with was

disposal. Several goals of RCRA were to protect human health and the environment, reduce waste, conserve energy and natural resources, and red

or eliminate the generation of hazardous waste as quickly as possible. To

satisfy the RCRA directiv, EPA developed regulations for three categori

hazardous waste handlers: generators, transporters, and treatment, storage, 

disposal and recycle facilities (TSDRFs). This chapter presents an overview of

the regulations applicable to hazardous waste generators in Title 40 of the Code

of Federal Regulations, Parts 261 and 262 (40 CFR 261 and 262). If you manag

a TSDRF, there are additional requirements (for example, daily, weekly 

monthly inspections) that are not outlined in this chapter.

The framework of the hazardous waste regulations was developed for industrial

process waste. These regulations were not intended to regulate contaminated

media and other waste resulting from cleanups. PA regulations for the management of contaminated media (soil and groundwater) and other remediati

waste took effect June 1, 1999. Most states have adopted the federal requirements for the management of hazardous remediation waste or their own more 

stringent programs. Refer to Chapter 8, Assessment and Cleanup for more information on site assessment and cleanup

 All generators of solid waste, 

including fuel facilities, must 

determine if any of their waste is 

hazardous (40 CFR 262.11).

 A solid waste is a hazardous 

waste if it exhibits a characteristic 

of a hazardous waste or is listed 

as a hazardous waste (40 CFR 261 

Subparts C and D).

 Mixtures of solid and hazardous 

wastes can still be hazardous 

wastes (40 CFR 261.3(a)(2)(iv)).

 Per 40 CFR 262, all large and 

small quantity generators must:

– Get an EPA identification (ID) 

number.

– Follow accumulation and storage 

requirements.

– Meet pretransportation requirements of packaging, labeling, 

and marking.

– Prepare for accidental releases.

– Use e-Manifest and land disposal 

notification forms to track hazardous wastes.

– Keep records and report data.

 If you decide to discard or 

dispose of your used oil, batteries, 

fluorescent lamps, or cathode 

ray tubes rather than recycle 

them, you may have to meet 

more stringent hazardous waste 

regulations (40 CFR 279.10, 40 

CFR 273.1, and 40 CFR 261.4(a)

(22)).

The Law Says
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7.1.1 Hazardous Waste Determination

A hazardous waste is a discarded solid, semisolid, liquid, or contained gas that

can be described as follows:

Because of its quantity, concentration, or its physical, chemical, or infectious 

characteristics, it poses a present or potential hazard to human health or the 

environment when improperly treated, stored, transported, disposed, or otherwise managed.

Examples of potentially hazardous wastes that may be generated atDLA En

facilities include tank-bottom sludge and wastewaters, unusable waste fuel, waste 

solvent, waste paint (non-latex), sandblasting residue, mercury switches, fluorescent bulbs, aerosol cans, used oil, spill cleanup residues, and expired chemicals.

Waste determination begins at the point the waste is first generated. In the R

regulatory framework, hazardous waste must first be identified as solid waste. 

The term solid waste refers to any discarded material (in a solid, liquid, semisolid,

or contained gaseous state) that is abandoned, accumulated, recycled, or inherently waste-like (poses a threat to human health and/or the environment) (refer 

to 40 CFR 261.2).A discarded material also can be a military munition identifie

as a solid waste in 40 CFR 266 Subpart 

You are responsible for determining if any solid waste generated at your facility is

hazardous by taking the steps listed in Exhibit 7−1.

EXHIBIT 7−1

Steps to Determine if Your Solid Waste is Hazardous

1. Verify if the waste is excluded from regulation under 40 CFR 261.4 and 261

Subpart E. If it is not excluded, then go to Step

2. Verify if the waste is listed as a hazardous waste in 40 CFR 261 Subpart 

Continue to step 3.

3. Determine if the waste exhibits any of the characteristics identified in 40

CFR 261 Subpart C by either b

Sending a sample of the waste to an accredited laboratory for testing according 

to specific EPA methods, or

Using your knowledge of the waste and how it was generated to determine 

if it meets the definition of characteristic hazardous waste.

4. Determine if it is one of the specific hazardous wastes that has been

exempted from regulation under 40 CFR 261.6 (refer to the Recycle

Hazardous Waste section later in this chapter)

For analytical testing services, LA Energy has access to about 150 U.S. con

laboratories through the LA Installation Management for Energy. For m

information, call the Environmental Division at (571) 767−5482 (DSN 

EPA assigns four-character alphanumeric waste codes to specific hazardo

waste (for example, D001). All applicable hazardous waste codes must b

identified for each individual waste. The flow charts in Appendix 7−1 will help

you determine whether your waste is hazardous and what regulations apply to 

your waste.
Chapter 7 Hazardous and Recycled Waste

7.1.2 Listed Hazardous Waste

EPA lists approximately 500 wastes that it considers hazardous to human heal

or the environment. Listed hazardous wastes are those that appear on any 

one of the following four lists contained in the RCRA regulations (40 CFR 261

through 261.33).

F-listed wastes commonly produced by various industrial processes and generated from non-specific sources, such as solvents used for cleaning and degreasing (not process-specific).

K-listed wastes generated from industry-specific manufacturing processes (such 

as wood preserving and petroleum refining). None of the K-listed wastes are

typically generated at fuel facilities.

P-listed wastes discarded or off-specification commercial chemical products

and resulting residues from containers and spills. This list is applicable to technically pure-grade chemicals once they are discarded, spent, or spilled. Note that i

there is another chemical in addition to the P-listed chemical in the product and

the P-listed chemical is not the sole active ingredient, then any waste product is

NOT a P-listed waste. The P-listed wastes are called acute hazardous waste

or (AHW) and are more strictly regulated than other hazardous wastes.

U-listed wastes—also pure−grade discarded or off−specification commercial 

chemical products, residues, and spills. The U-listed wastes are identified as toxi

wastes (T).

Any wastes that meet the listing criteria or mixtures of listed waste and other

waste generated at your facility are considered hazardous waste.

7.1.2.1 Hazardous Waste Characteristics

If a solid waste exhibits one or more of four physical or chemical properties 

deemed hazardous to human health or the environment by EPA, it is a characteristic hazardous waste (40 CFR 261.20 through 261.24). The four hazardous w

characteristics are ignitability, corrosivity, reactivity, and toxicity.

Ignitability

A solid waste is ignitable if it can readily catch fire and sustain combustion.

liquid waste is ignitable if it has a flash point (the temperature at which combustion occurs) of less than 140 ̊Fahrenheit ( ̊F). Examples of ignitable wastes include

oil-based paint wastes, non-halogenated degreasers, thinners and solvents 

(petroleum distillates), stripping agents, epoxy resins, adhesives, rubber cements 

and glues, and some waste inks. An ignitable waste is given theEPA Hazar

Waste Number D00

Corrosivity

A waste is corrosive if it is a liquid and dissolves metals and other materials, or

burns the skin or eyes on contact. Liquids with a pH of 2 or less, or 12.5 or more,

are corrosive. Examples of corrosive wastes include alkaline degreasers, corrosive

cleaning solutions, rust removers, waste acids, and bleach compounds (peroxide 

and chlorine compounds).  corrosive waste is assigned theEPA Hazardous W

Number D00
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Reactivity

A waste is reactive if it is normally unstable and undergoes rapid or violent

chemical reactions, such as catching fire, exploding, or giving off fumes when 

exposed to water or air. Examples of reactive wastes are bleaches and hypochlorites from water treatment processes, areosol cans with pressure remaining,

lithium batteries, and discarded munitions or explosives.  reactive waste has

the PA Hazardous Waste Number

Toxicity

A waste exhibits the toxicity characteristic if it has concentrations of heavy metals

or certain organic compounds above specified levels (Appendix 7−2) that may 

cause illness or death if inhaled, swallowed, or absorbed through the skin. Longterm effects of a toxic waste on human health may include cancer, birth defects,

reproductive anomalies, brain and kidney damage, and diseases of the skin, 

lungs, and heart. The analytical procedure used to determine if a waste is toxic is

the Toxicity Characteristic Leaching Procedure (TCLP).

Examples of toxic wastes are inks and sludges containing certain heavy metals,

batteries containing lead, certain pesticides, and paint wastes containing heavy 

metals, such as chromium or lead.  toxicity characteristic waste has the

Hazardous Waste Number that corresponds to the toxic contaminant causing it t

be hazardous (D004 through D043

7.1.2.2 Mixtures

Nonhazardous wastes mixed with hazardous wastes become hazardous wastes

(with a few regulatory exceptions). Mixing nonhazardous waste with hazardous 

wastes to dilute hazardous waste is not allowed. Mixing these types of wastes 

simply creates a larger volume of hazardous waste to manage. Make sure you 

separate nonhazardous and hazardous wastes.

7.1.3 Hazardous Waste Generators

Under RCRA, hazardous waste generators are classified according to how m

hazardous waste they generate in a calendar month. The three categories of

hazardous waste generators are:

 Large quantity generators (LQG

 Small quantity generators (SQG

 Very small quantity generators (VSQGs

Appendix 7−3 helps define your generator category and compares requirements 

for the three types of generators.

The following text summarizes generator categories and regulatory requirements

(see 40 CFR 260 and 262 for detail on large and small quantity generators). Stat

regulations can vary in the definitions and requirements for the three generator 

categories. Be sure to check with your state hazardous waste program.
Chapter 7 Hazardous and Recycled Waste

7.1.3.1 Large Quantity Generators

LQGs generate 1,000 kilograms (kg) (about 2,200 pounds [lb] or five 55-gallon

drums) or more hazardous waste per month, over 1 kg (2.2 lb) of AHW per month

or over 100 kg of any residue or contaminated soil or debris resulting from an 

AHW spill in a mont

7.1.3.2 Small Quantity Generators

SQGs generate over 100 kg (about 220 lb or half of a 55-gallon drum) but under

1,000 kg of hazardous waste per month, and accumulate no more than 6,000 kg 

(about twenty-eight 55-gallon drums) at any one time. SQGs also generate no

more than 1 kg of AHW or 100 kg of AHW-contaminated debris per month 

may accumulate no more than 1 kg of AHW or 100 kg of AHW-contamina

debris at any one time. If the quantity of hazardous waste you produce in a 

month exceeds these limits, you become an LQG for that month and must meet

LQG requirements

7.1.3.3 Very Small Quantity Generators

VSQGs generate no more than 100 kg of hazardous waste, no more than 1 kg of

AHW, and no more than 100 kg of any AHW-contaminated debris in a calen

month. Special requirements for VSQGs are listed in 40 CFR 262.14. Tho

exempt from full regulation, VSQGs must still

 Determine if any wastes generated are hazardous

 Accumulate no more than 1,000 kg of hazardous waste, 1 kg of AHW, or 1

kg of AHW-contaminated debris at any one tim

 Treat or dispose of the hazardous waste or AHW in an on-site facility 

ensure delivery to an off-site commercial treatment or disposal facility. These

facilities must be one of the following:

• Permitted or interim status-permitted under R

• Permitted, licensed, or registered to manage municipal or industrial solid

waste;

•  large quantity generator under the control of the same person as the very

small quantity generator; or

• Recycling facilities

If you are a VSQG and, at any time, accumulate over 1,000 kg of hazardous waste,

all of the accumulated waste is subject to SQG regulations. If you are a VSQG an

generate over 1 kg of AHW or 100 kg of AHW-contaminated debris in a month 

accumulate over 1 kg of AHW or 100 kg of AHW-contaminated debris at any 

time), all quantities of the AHW are subject to LQG regulatio

7.1.3.4 Episodic Generation

SQGs and VSQG are allowed to maintain their existing generator category in th

event of planned or unplanned episodic generation (that is, generators do not 

have to count hazardous waste managed as part of the episodic event when making their monthly generator status determination) [40 CFR 262.13(c )(8)]). However

notifications, specific container marking and labeling, and recordkeeping are 

required to use this exception (262 SubpartL – Alternative Standards for Epis

Generation). In addition, a VSQG would be required to obtain anEPA ID nu

VSQGs do not have to get an EPA 

ID number or use a manifest to ship 

wastes, but some states (and transporters) may require it.

Did You Know?
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7.1.4 Large and Small Quantity Generator Requirements

For the most part, the regulations that apply to LQGs also apply to SQGs. The on

regulatory relief given to SQGs is that several administrative and training requirements are not formally required

7.1.4.1 EPA ID Number and Generator Status

As an LQG or SQG, you must get n EPA ID number. You cannot treat,

dispose of, or turn over for transport any hazardous waste without first receiving 

an EPA ID number. You also cannot deliver your waste to transporters or TS

that have not received an PA ID num

To obtain anEPA ID number, call or write your state hazardous waste agenc

EPA regional office and ask for a copy f EPA Form 8700−12, Notificati

Subtitle C Activity Instructions and Form, or check online. Some states use

different form than the PA form, so contact your state agency first. Also, you 

required to notify PA of any changes to the information on the original notification form, including changes in the facility contact person named, waste cod

identified, and generator status (LQG, SQG, or VSQ

7.1.4.2 Re-notification EPA ID Number and Generator Status

An LQG must re-notif EPA or authorized state by March 1 of each even-numbered year thereafter uing EPA Form 8700-12 and may submit this renotif

as part of its Biennial Report required under 262.41

An SQG must renotif EPA or authorized state starting in 2021 and every 

years thereafter using PA Form 8700−12. This notification must be submitted

September 1 of each year in which re-notifications are required

7.1.5 Accumulation of Wastes Without a Permit

Hazardous waste may be accumulated on-site prior to transportation and disposal. However, RCRA regulations limit the period of accumula

7.1.5.1 Large Quantity Generators

As an LQG, you may accumulate hazardous waste for up to 90 days if you mee

the following requirements:

 Proper storage – Comply with storage standards for containers and tanks, 

including air emission standards. Note that the tank design requirements are

detailed and require Professional Engineer (PE) certification (see Chapter

Aboveground Storage Tanks and Containers). Mark containers with the words 

“Hazardous Waste,” the hazards of the waste, and the date accumulation

began. Conduct and document proper operating, maintenance, and 

inspection procedures.

 Preparedness and prevention – Operate and maintain your facility to minimize

the possibility of a fire, explosion, or spill that could threaten human health 

or the environment. The kind of wastes you store will determine the type

of equipment you need, such as communication devices, fire control 

equipment, and spill control and decontamination equipment.
Chapter 7 Hazardous and Recycled Waste

 Maintenance of adequate aisle space – Make sure you have enough room for 

unobstructed movement of personnel or emergency equipment. Set up

prior emergency arrangements with the police, fire department, emergency 

response teams, and local hospitals.

 Contingency plan and emergency procedures – Write a contingency plan 

describing the actions personnel take in response to emergencies. Have

an Emergency Coordinator on-call at all times to implement the plan.

Refer to Chapter 1, Environmental and Emergency Response Planning

 Personnel training – Train all facility personnel in hazardous waste

management and emergency procedures, equipment, and systems. (Refer to

Chapter 10, Training).

 Closure – When the hazardous waste central accumulation areas are no 

longer needed, close them in a manner that minimizes the need for further 

maintenance and protects human health by controlling, minimizing, 

or eliminating the escape of hazardous constituents to the ground, 

surface water, or atmosphere. There are specific closure notifications and

performance standards that must be met; see 40 CFR 262.17(a)(8). Durin

the closure period, all contaminated equipment, structures, and soil must 

be properly disposed of or decontaminated. All hazardous waste generated

in the closure process must be handled in accordance with all applicable 

requirements. As an LQG, if you store hazardous wastes for more than 9

days, you are considered a storage facility and need a costly and timeconsuming permit. But if your wastes are on-site for more than 90 days 

under temporary and uncontrollable circumstances, you can request an 

extension of up to 30 days from PA or your state agency without becomi

a storage facility.

7.1.5.2 Small Quantity Generators

As an SQG, you can accumulate hazardous wastes on-site for up to 180 day

without a permit if you meet all of the following requirements:

 Do not accumulate more than 6,000 kg on-site (13,200 lb or about twentyeight 55-gallon drums)

 Accumulate wastes properly in containers or tanks marked with the words

“Hazardous Waste,” identify the hazards of the waste, and indicate the date

accumulation began.

 Meet preparedness and prevention procedures outlined above for an LQG.

 Have an Emergency Coordinator on-call at all times to implement th

contingency plan. Chapter 1, Environmental and Emergency Response 

Planning.

 Post basic safety information near the phone where hazardous waste is

stored, including phone numbers and locations of fire and spill control 

material.

 Train employees in waste handling and emergency procedures (Refer t

Chapter 10, Training).
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Note: If you are an SQG and must transport your waste over 200 miles for off-sit

treatment, storage, or disposal, you may accumulate your waste on-site for 270 

days or less without a permit if you meet the stated criteria.

As an SQG, if you accumulate hazardous waste for more than 180 or 270 days

you are considered the operator of a storage facility and need a permit. Under

temporary, uncontrollable circumstances, PA or your state agency may grant 

extension of up to 30 days beyond the 180- or 270-day period without becoming 

a storage facility.

7.1.6 Satellite Accumulation

Federal regulations allow limited quantities of hazardous waste to accumulate at 

or near the point of generation (called satellite accumulation areas [SAAs]) for 

more than the 90- or 180-day periods specified previously, provided the wastes 

are properly managed. At a SAA, generators are allowed

 Up to 55 gallons of hazardous waste per waste stream (process generating

waste) or 1 quart of AHW at or near the point of generation, as long as th

container is generally visible to the person generating the waste.

 Accumulate wastes in containers or drums that are in good condition; are

compatible with the material stored; are kept closed during accumulation 

except to add, remove, consolidate waste, or, when venting the container 

is necessary, prevent a dangerous situation; and are marked with the 

words “Hazardous Waste” and other words that identify the hazard(s) of the

contents.

Once the 55-gallon or 1-quart limit has been reached, immediately mark the

container with the current date and transfer the waste within 3 days to a 90-day 

(LQG) or 180-day (SQG) central accumulation area or off-site to a TSDRF. The 

180-day accumulation period begins when the satellite accumulation container is 

full and dated.

7.1.7 Inspections

LQGs and SQGs are required to inspect, at least weekly, areas in which hazardou

waste is accumulated (central accumulation areas: 90- or 180-day accumulation 

areas). Curbs, diking, and concrete surfaces must be checked for signs of cracking or deterioration. Containers must be inspected to ensure that they are not 

leaking, that all containers are secured, and that they have lids and bungs tight 

and in place. Results of the inspection must be documented, and the inspector is

responsible for making sure problems are corrected immediately. Although not a

federal or state requirement, generators may inspect SAAs on a weekly or monthly basis, refer to your site’s hazardous waste management pl

LQGs and SQGs must inspect emergency systems and equipment near hazardou

waste accumulation areas to ensure proper operations during an accidental spill. 

This consists of checking facility communications systems or alarm systems, fire

protection equipment, spill control supplies, and decontamination equipment.
Chapter 7 Hazardous and Recycled Waste

7.1.8 Land Disposal Restrictions

Land disposal restriction (LDR) rules, found in 40 CFR 268, restrict the disposal

of hazardous wastes in landfills unless the waste meets certain treatment standards or a waiver has been obtained. Typically, the TSDRF treats the wastes be

placing them in the landfill. If you are an LQG or SQG, you must send a

notification or certification form with the initial shipment of the hazardous waste 

to a specific TSDRF. In general, this form identifies the proper treatment standa

Many TSDRFs provide these forms, but it is the generator’s responsibility to m

sure the form is accurate and complete. If the waste, process, or receiving TS

changes, another DR notification is requir

If you choose to treat your waste on-site (for example, neutralization) to meet the 

LDRs before sending the waste for disposal, you will also need to prepare a

comply with a waste analysis plan (40 CFR 268.7(a)(5)). Note that most hazardou

waste treatment requires getting a permit. Check with your state before treating 

your waste at your installation. Note that most hazardous waste treatment requires a permit. Check with your state before treating your waste at your facility

7.1.9 Air Emissions

Air emissions from hazardous waste containers, tanks, equipment leaks, and

process vents are regulated under 40 CFR 265 Subparts AA, BB, and CC (4

265.1030− 1091). For most LA Energy facilities, the requirements of 4

265 Subpart CC, Air Emissions Standards for Tanks, Surface Impoundments

Containers, will be most applicable. These Subpart CC regulations apply to hazardous wastes with a volatile organic (VO) concentration of 500 parts per milli

by weight (ppmw) at the point of generation. Gasoline and many solvents exceed 

this VO threshold. The concentration of the VOs in the waste does not need to 

determined analytically; the facility can assume that the concentration exceeds 

the 500 ppmw and implement the requirements.

Hazardous waste containers (such as drums) with a capacity greater than 26

gallons must:

 Be a U.S. Department of Transportation (DOT)-approved co

 Operate with no detectable organic emissions or be vapor tigh

 Have covers, lids, and closure devices for each opening that are in place at all

times (except when adding, removing, or consolidating waste)

Open-top containers can be used if they have an organic vapor-suppressing

barrier or foam over the VO material. In addition, containers could be vented to a

control device (such as a combustion unit or flare) or in a building with a closedvent system to a control device. You must maintain records of the inspections and

the VO concentrations at your facility

These regulations do not apply to containers used for satellite accumulation or

SQGs of hazardous waste

There are similar air emissions control requirements for hazardous waste tanks;

see 40 CFR 265.1085 for specific requirements
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7.1.10 Pre-transport Requirements

To ensure safe transportation of hazardous waste,EPA has adoped DOT hazardous materials transportation regulations (see 49 CFR 171−180). The tra

cannot accept hazardous waste for transport unless the waste has been properly 

packaged, labeled, and marked and the transporter’s vehicle has been properly 

identified with placards (signs), as noted in the following regulations:

 Package all waste as specified in 49 CFR 173, 178, and 17

 Label each container as specified in 49 CFR 172 Subpart E. Generally, the la

is diamond-shaped and shows the hazard class of the waste.

 Mark each package of hazardous waste as specified in 49 CFR 172 Subpart 

As specified in 40 CFR 262.32, mark each container of 119 gallons or less wit

the following words and information, according to the requirements of 49 CF

172.304, either on the package surface or on a label or tag (see Exhibit 7−2).

EXHIBIT 7−2

Hazardous Waste Marking Requirements

HAZARDOUS WASTE —Federal Law Prohibits Improper Disposal. If found, contact t

nearest police or public safety authority or the U.S. Environmental Protection Ag

Generator’s Name and Addres

Generator’s PA Identification Num

Manifest Tracking Numbe

EPA Hazardous Waste Codes _______________________________________

 Mark the transport vehicle with, or offer the initial transporter, the 

appropriate placards as specified in 49 CFR 172 Subpart F. The design of the

placards is usually similar to the package labels.

7.1.11 Hazardous Waste Electronic Manifest (e-Manifest)

The hazardous waste electronic manifest (e-Manifest) is a national system for

tracking hazardous waste shipments electronically. Users of the e-Manifest will

need an PA ID number and must register with e-Manif

The e-Manifest system allows for three types of hazardous waste manifest creation options

 Paper (generator, transporter, and receiving facility all sign on paper)

 Hybrid (starts as paper manifest signed by the generator and then is signed

electronically by the transporter and receiving facility) 

 Electronic (created in e-Manifest and electronically signed by all entities listed

on the manifest)

The e-Manifest contains the following

 Name, address, andEPA ID number of your facility and the TSDRF r

the waste
Chapter 7 Hazardous and Recycled Waste 

 Name andEPA ID number of the transport

 Types, quantities, and packaging of waste being transporte

 Emergency contact information and procedure

If you are an LQG, you must certify on each manifest that your facility has a

hazardous waste minimization program in place and that you have selected the 

most practical method of treatment, storage, or disposal to minimize the threat 

to human health and the environment. If you are an SQG, you must certify that

you have made a good faith effort to minimize hazardous waste generation and 

to select the best waste management method available.

To track the waste, the e-Manifest must be electronically signed each time the

waste is transferred (from your facility to a transporter, from transporter to 

transporter, and from transporter to the designated facility). Your facility, each

transporter, and the designated facility should each keep a copy of the manifest 

(some states also require a copy to be mailed to them). After the waste has

reached the designated facility, the owner or operator of that facility must send 

an electronic copy to EPA. Generators are required to track their shipments in t

e-Manifest database to ensure their waste was received at the destination facility 

in a timely fashion.

Note that in 2012,EPA issued a final rule that modifies the polychlorina

biphenyl (PCB) management rules so that the inclusion of PCBs, which are no

considered RCRA hazardous wastes, on the waste manifest is consistent wi

RCRA regulatio

7.1.12 Recordkeeping and Reporting

The three main recordkeeping and reporting requirements include

 Biennial reporting (sometimes annual or quarterly)

 Manifest exception reporting

 Records retention (inspections, reports, manifests, waste analyses, and land

disposal notices and certifications)

7.1.12.1 Biennial Report

If you are an LQG that ships any hazardous waste off-site to a TSDRF, you 

submit a biennial report (every 2 years) to your state agency by March 1 of each 

even-numbered year. The report covers your activities for the previous year and

includes the following:

 PA ID number, name, address, and other general and waste information 

your facility

 Calendar year covered by the report

 Each TSDRF to which waste was shipped during the year and each transpo

used

 Description and volume of each hazardous waste shipped off-sit

 All hazardous waste received from a VS

 Efforts to reduce the volume and toxicity of the waste generated, including a

comparison of the reductions against the previous years’ waste generated

On October 5, 2012, the Hazardous

Waste Electronic Manifest Establishment Act was signed into la

paving the way for a final electronic 

manifest (e−Manifest) rule. The act 

authorizes EPA to 1) develop an 

electronic hazardous waste manifest system and 2) impose user fees. 

EPA required the use of the e-Manifest on June 30, 2018.

Did You Know?
7-12 Chapter 7 Hazardous and Recycled W

Note that some states require annual or even quarterly generator hazardous

waste reports. Appendix 7-4 shows the state-specific hazardous waste reporting 

requirements.

7.1.12.2 Manifest Exception Report

If you are an LQG and you do not find a copy of the signed manifest from the

designated TSDRF in the e-Manifest database within 35 days of the date 

waste was accepted by the initial transporter, try to determine the status of the 

hazardous waste shipment. If the signed manifest is not in the e-Manifest system 

within 45 days of the date the waste was accepted by the initial transporter, you 

must submit an exception report to your state agency. Include a copy of the 

manifest and a letter explaining what you have done after 35 days to locate the 

hazardous waste.

If you are an SQG and you do not find a copy of the signed manifest from the

designated TSDRF in the e-Manifest database within 60 days of the date 

waste was accepted by the initial transporter, send a copy of the manifest and a 

statement that confirmation of delivery was not received to your state agency.

7.1.12.3 Schedule for Keeping Records

Keep a copy of each biennial report (or in some states, the annual or quarterly 

report) and exception report for at least 3 years from the due date of the report. 

Keep records of any notices, certifications, waste analyses data, and other hazardous waste determination documentation for at least 3 years from the date 

that the waste was last sent to an on-site or off-site TSDRF. Also, keep a copy of

manifests until you receive a signed copy from the designated facility via e-Manifest. The manifest from the designated facility must then be kept for at least 3

years from the date the waste was accepted by the initial transporter.

7.2 Recycled Hazardous Waste

The objectives of RCRA are “to promote the protection of health and the environment and to conserve valuable material and energy resources.” With these go

in mind, PA took several steps to encourage hazardous waste minimization a

to promote the reuse and reclamation of useful materials in a manner that is safe 

and protective of human health and the environment. One step was to require

hazardous waste LQGs and TSDRFs to certify that they have a waste minimiza

program in place that reduces the quantity and toxicity of hazardous waste 

generated to the extent economically practicable.

Secondly,EPA wanted to provide incentives to reduce the amount of hazard

waste needing disposal by encouraging recycling of certain hazardous waste in 

a protective manner. Over the years,EPA published special management regulations for select hazardous waste that are recycld. A material is recycled if i

used, reused, or reclaimed. The process of recycling is still regulated byEPA

protect against “sham” recycling operations. The recycling regulations in 40 C

261 are too complicated and too numerous to summarize in the guide, but a few 

examples are noted below.
Chapter 7 Hazardous and Recycled Waste 

This section summarizes the less stringent regulations for recycled

 Hazardous Secondary Materials (40 CFR 260.43, 261.2 and 261

 Spent Lead Acid Batteries (40 CFR 266

 Universal Waste (40 CFR 273) (lead acid batteries also can be managed unde

these rules)

 Cathode Ray Tubes (40 CFR 261.39 and 261.

 Used Oil (40 CFR 2

 Solvent-contaminated Wipes (40 CFR 260.10, 261.4(a)(26) and 261.4(b)(18

Vendors who recycle waste must be certified by the state and should provide a 

copy of the certification to the generator prior to sending waste to that vendor.

If these waste materials are not recycled, and they would otherwise meet 

the definition of hazardous waste, they are subject to full hazardous waste 

regulations. 

7.2.1 Recycling Hazardous Secondary Materials

In 2008, PA modified the definition of solid waste to encourage recycling 

certain secondary materials (for example, spent material, by-product, or sludge) 

that would otherwise be hazardous waste if not being recycled. Generators have 

to demonstrate that the recycling is legitimate by documenting that it produces 

a valuable intermediate or final product or ingredient and that it is recovered or 

regenerated in the recycling process. Secondary materials can be legitimately

reclaimed on-site, recycled off-site by the same company, or recycled off-site 

under a tolling agreement or contract between companies.

There are notification requirements and recordkeeping requirements that have

to be complied with if the exemption is being used. It is important that, if this 

exemption is being used, compliance with the speculative accumulation storage 

limits is not exceeded (that is, you are not just accumulating the material because 

you don’t want to dispose of it). Not all states have adopted this exemption;

therefore, be sure to check your state regulations.

7.2.2 Spent Lead Acid Batteries

Lead acid batteries are usually collected and sent for recycling under the exemption found in 40 CFR 266.80. While being collected, lead acid batteries should b

kept off the floor and should be protected from weather so that you don’t have a 

spill of battery acid. 

If you collect your lead acid batteries and the battery vendor picks them up for 

recycling or you transport the battery to the vendor for recycling, you need to 

make sure the batteries are managed properly and sent to a facility that can treat 

the batteries to meet the DR standard
7-14 Chapter 7 Hazardous and Recycled W

7.2.3 Universal Waste

Certain commonly generated hazardous wastes are classified as universal waste

when recycled and can be managed under the more lenient universal waste 

regulations (40 CFR 273). Universal wastes consist o

 Recalled and unused pesticide

 Hazardous waste batteries (such as nickel-cadmium, alkaline, silver-oxide,

lithium, and nickel-metal hydroxide. Lead-acid batteries can also be recycled

under the universal waste rules)

 Mercury-containing equipment (such as thermostats, barometers, 

manometers, temperature and pressure gauges, and mercury switches)

 Lamps (such as fluorescent, neon, mercury vapor, high pressure sodium, high

intensity discharge, and metal halide)

Under these regulations, you must label, date, and store the universal wastes so

that they will not break or release material to the environment. Universal wastes

can be stored on-site for 1 year. Small quantity handlers can store no more 

than 11,000 pounds (lb) (5,000 kg) of universal wastes; large quantity handlers 

can store over 11,000 lb. Both small and large quantity handlers must record 

the dates that the universal wastes are placed in storage and the dates that they 

are transported off-site, along with a record of the off-site shipment. Generators 

who store universal waste must notify their states of this activity using 

Form 8700−12.

7.2.4 Cathode Ray Tubes

Cathode ray tubes (CRTs) are vacuum tubes made primarily of glass. They are

part of the video display components of older model televisions and computer 

monitors. PA has determined that lead (along with mercury, cadmium, and arsenic) has been used in the manufacture of these CRTs. The lead in color mon

has been shown to be at concentrations to make the CRTs hazardous waste. T

EPA established a conditional exclusion from the hazardous waste manageme

regulations for CRTs destined for reuse and recycling. Used or unused CRTs destined for disposal would continue to be solid wastes, and likely hazardous was

If they are hazardous waste, then LDRs for this waste would also be applicab

Used CRTs from any source sent somewhere else for use “as is” or after mino

repairs, such as rewiring or replacing defective parts, are considered products 

“in use” and are not wastes. However, to avoid sham recycling, used intact CR

stored for more than 1 year are regulated as hazardous waste.

Many CRTs that cannot be reused are sent for recycling, which consists of disassembling them to recover valuable materials from the CRT, such as lead or gla

Used, broken CRTs are not regulated as hazardous waste as long as they a

 Destined for recycling or undergoing glass processin

 In containers clearly labeled regarding contents

 Safely transported in containers designed to minimize release

 Stored in a building or container designed to minimize release

 Stored on-site less than 1 year before recycling the
Chapter 7 Hazardous and Recycled Waste 

Processed glass from used CRTs is also excluded from the definition of solid was

if it is sent to a glass manufacturer for recycling or to a lead smelter, provided 

the glass is stored at your facility for less than 1 year and it has not been placed 

outdoors on the ground.

If your facility is classified as a VSQG, the requirements for CRTs do not apply to y

Check your state regulations to see if they have adopted this rule or have different requirements.

7.2.5 Used Oil

Used oil includes oils refined from crude and synthetic oil. It covers lubricating oils, 

engine oils, transmission and hydraulic fluids, gear oils, water-soluble cutting oil 

(known as oil coolants), and electrical oils. In 1992, because of improper disposal of 

used oil on the ground, in water, or into sewers, PA established used oil management standards in 40 CFR 279 to encourage recycling of used oil. These regulat

establish specific storage, tracking, and handling requirements for used oil that is 

recycled in any manner. Burning as a fuel (for example, in cement kilns and industrial boilers) and re-refining are the two major methods for recycling.

Other examples of used oil managed under the management standards include

 Mixtures of used oil with fuels or other fuel products. However, if the used oil

is mixed on-site with diesel fuel for use in your own vehicles, it is not subject 

to used oil regulations once it is mixed

 Used oil produced on vessels during normal operations once it is transported

ashore. If you accept used oil from a vessel, you are a co-generator of the 

used oil, and both you and the vessel’s owner or operator are responsible for 

properly managing the waste

 Materials containing or otherwise contaminated with used oil that are 

burned for energy recovery

Wastewater that contains de minimis quantities (for example, from small leaks, 

spills, or drippings) of used oil are exempt from these standards.

Used oil destined for recycling is regulated under 40 CFR 279, regardless if it i

a characteristic hazardous waste. Some oil may exceed hazardous waste toxicity

characteristic limits because they contain additives that are hazardous constituents or metals, such as arsenic, barium, chromium, zinc, and lead. You will be

required to manage your used oil as a hazardous waste if:

 It exhibits a hazardous waste characteristic and is destined for disposal 

(instead of recycling).

 It is intentionally mixed with hazardous waste (for example, mixed with 

solvents).

 It contains more than 1,000 part per million (ppm) total halogens (for 

example, chlorinated compounds). At that concentration, it is presumed

to be hazardous waste by EPA. Generators may rebut this presumption 

demonstrating that the used oil does not contain hazardous waste (waste 

codes F001 or F002) or only contains small quantities of the halogenated 

hazardous constituents in 40 CRF 261 Appendix VII
7-16 Chapter 7 Hazardous and Recycled W

7.2.5.1 Used Oil Storage

In addition to the requirements outlined below, used oil generators must comply with all applicable Spill Prevention, Control, and Countermeasure (SP

requirements (40 CFR 112), as well as underground storage tank (UST) standa

(40 CFR 280) for used oil that is stored in underground tanks. Refer to Chapte

3, Underground Storage Tanks and Chapter 4, Aboveground Storage Tanks and 

Containersfor more information.

 Proper storage – Store used oil in tanks or containers that are in good

condition and marked with the words “Used Oil.” Other materials should n

be mixed with used oil.

 Spill response – Stop, contain, and clean up any release of used oil not subject

to the ST release response requirements. Repair or replace any leaking u

oil storage containers or tanks before returning them to service.

 Secondary containment – Make sure used oil containers have secondary 

containment, such as a dike or curb, to hold 10% of the contents of all the 

containers or 100% of the contents of the largest container, whichever is 

greater. If stored outside, the containment must have added capacity for 

rainfall (for example, 24-hour, 25-year storm).

7.2.5.2 Transportation Requirements

You may not deliver your used oil to transporters who have not obtained an

EPA ID number. You may transport your own used oil withou an EPA I

provided the following requirements are met:

 Transport the used oil in a company-owned or employee-owned vehicle

 Transport no more than 55 gallons of used oil at any one time

 Deliver the used oil to a used oil collection center that is registered, licensed,

permitted, or recognized by a state or local government to manage used oil.

You may transport, without anEPA ID number, used oil generated at your faci

to an aggregation point that you own or operate provided you transport it in a 

company-owned or employee-owned vehicle and you transport no more than 55 

gallons at any time.

7.2.5.3 Disposal of Non-recyclable Used Oil

Used oils that cannot be recycled must be properly disposed of. Used oil may no

be used as a dust suppressant. Hazardous used oils must be managed in accordance with the hazardous waste management requirements. Non-hazardou

used oils that cannot be recycled must be disposed of at an appropriate solid 

waste disposal facility. In some states, non-hazardous used oil is banned from 

being disposed of as a solid waste in municipal landfills.

Materials contaminated with used oil (such as rags, wipes, and absorbent materials) are to be managed under the used oil standards if they are still dripping 

with oil. If the material no longer contains free-flowing used oil, you need to 

determine if it is a hazardous waste. Test the material, or use your knowledge of

the material and type of oil, to determine whether it exhibits a hazardous waste 

characteristic (primarily, the toxicity characteristic for metals or benzene). If it 

is deemed hazardous, it must be handled as a hazardous waste. If the rags or 
Chapter 7 Hazardous and Recycled Waste 

materials are not hazardous, they may be sent to a municipal landfill depending 

on your state requirements.

7.2.5.4 Used Oil Filters

EPA prefers that used oil filters be recycled once they are properly drained. Ma

used oil filters are excluded from the hazardous waste regulations if they are 

hot-drained, which means they are drained near engine operating temperatures 

or above 60 ̊F. Filters can be hot-drained using one of the following methods:

 Gravity draining – Puncture the filter’s anti-drain valve or dome end and allow

to drain.

 Crushing – Squeeze out the used oil and compact the remaining filter

material.

 Disassembly – Separate the filter into its different parts (metal canisters,

rubber gaskets, and paper filter).

 Other equivalent methods – Such as using air pressure to force the oil out of

the filter.

Filters should be stored in covered, rainproof containers. Drained, used oil filters

can usually be recycled in several ways. For instance, the entire filter can be 

burned for fuel or the different components can be recycled separately. Some

steel mills and scrap metal recyclers may also accept the filters as feedstock.

Terne-plated oil filters are included within EPA’s hazardous waste regulations 

can be recycled. Terne is an alloy of tin and lead. The lead in the terne platin

makes the filter a characteristic hazardous waste.

7.2.6 Solvent-contaminated Wipes

Rags, shop towels, absorbent pads, swabs, and other materials contaminated

with certain hazardous waste solvents (for example, F-listed solvents or wipes 

exhibiting the ignitability characteristic) used as wipes are conditionally excluded 

from the hazardous waste regulations provided you clean or launder them or 

dispose of them properly.

To be excluded as hazardous waste, wipes must be

 Managed in non-leaking, closed containers labeled “Excluded SolventContaminated Wipes

 Sent for cleaning or disposal within 180 days from the date of initial

accumulation in the container, and the wipes or container cannot contain 

free liquids when being sent for cleaning or disposal.

 Sent for reuse to a laundry or dry cleaner that is regulated by the Clean Water

Act (CWA) if they have wastewater discharge

 Sent for disposal to a permitted municipal waste landfill or a combustion

facility regulated by the Clean Air Act (C

Free liquids may be removed from the wipes by any number of methods, such 

as screen-bottom containers, mechanical wringing, centrifuging, or vacuum 

extraction.
7-18 Chapter 7 Hazardous and Recycled W

A test method called the Paint Filter Liquids Test (EPA Method 9095B) 

used to determine if solvent-contaminated wipes contain no free liquids. Free 

liquids removed from the wipes or the container holding the wipes must be 

properly managed as hazardous waste or recycled, as applicable.

The following documentation is required to be maintained at your facility for 3

years from each shipment:

 Name and address of the laundry, dry cleaner, landfill, or combustion facilit

 Evidence that the 180-day accumulation time limit is being met (log sheets,

regularly scheduled pickup arrangements, initial accumulation dates on 

container labels,

 Description of the process used to meet the “no free liquids” conditio

Wipes that contained listed hazardous waste other than solvents, or exhibit a 

hazardous waste characteristic of reactivity, corrosivity, or toxicity due to contaminants other than solvents, are not eligible for the exclusion. In addition, wipes 

sent for off-site disposal that contain trichloroethylene are not exempt and are 

considered hazardous waste.

Note that exclusions and exemptions from the hazardous waste regulations may

not be available in all states. State hazardous waste programs may be stricter

than the federal rules. Always check your state rules to see if they adopted this or

any other exemption.

7.3 Hazardous Waste Minimization

By signing a hazardous waste manifest and submitting the annual, biennial, 

or quarterly report, the generator certifies that there is a waste minimization

program in place. PA issued guidance in 1993 describing the elements of

hazardous waste minimization program. This consists of

 Preparing a written waste minimization policy and pla

 Establishing explicit and achievable goals and tracking syste

 Training and recognizing employee

 Exchanging technical information, ideas, and strategie

 Allocating the cost of waste management to the activity that generated the

waste

Be sure to check with your state hazardous waste program to see if they have 

additional waste minimization requirements.

Promoting reuse, recycling, and reclamation of hazardous waste, if properly conducted, can avoid environmental hazards, protect scarce natural resources, and

reduce the nation’s reliance on raw materials. The following pollution prevention

(P2) or waste minimization options must be considered in your hazardous waste

minimization program:

 Recyclin

 Material substitution

 Engineering control

 Best management practices (BMPs
Chapter 7 Hazardous and Recycled Waste 

7.3.1 Recycling

Recycle unusable fuel, used oil, sludges, and other materials if possible. Specifi

suggestions include:

 Re-refine unusable fuel and oil to virgin specification so it can be reused as

motor oil and fuel. You may want to re-refine at an off-site recycling program

through a broker or directly with a re-refining facility.

 Drain used oil filters and recycle in several ways: the entire filter can be

burned; scrap metal recyclers may accept filters as feedstock, etc.

 Return bulk petroleum, oil, and lubricants (POL) facility filters to 

manufacturer to be recycled. Check with your state regulations to make sure 

this is not considered treatment, and coordinate any such efforts with the 

filter manufacturer.

 Burn used fuel, that is not up to specification for use in aircraft or 

automobiles, in generators or industrial heaters rather than disposing of it as 

a waste. Generators and heaters can typically burn many types of fuel (such 

as diesel, JP−8, or JP−4

7.3.2 Material Substitution

To reduce the amount of hazardous waste to be disposed, substitute appropriate

materials for sandblast residue, absorbent material, and parts-cleaning solvents.

 Sandblast residue − Use latex paints to replace oil-based paints. This reduce

the amount of hazardous sandblast residue because, unlike oil-based paints, 

most latex paint waste can be disposed of as non-hazardous waste.

 Absorbent material − Use large rolls of absorbent pads. Tear off only th

amount needed and use the pads until they no longer absorb the spilled 

material. Because they absorb more and weigh less than other absorbents, 

such as vermiculite, pads are cheaper to ship off-site after use.

 Parts-cleaning solvents − Use environmentally friendly parts-cleaning

solvents and recycle parts-cleaning solvents when possible. 

7.3.3 Engineering Controls

Use engineering controls, such as downstream blending of fuel system icing

inhibitor (FSII), self-supporting geodesic domes on tanks, and improved floating-roof seals to reduce or eliminate FSII in tank-bottom wastewate

7.3.4 Best Management Practices

Use BMPs to reduce the amount of hazardous waste you generat

 Good housekeeping − Maintain a clean and orderly work environment 

to reduce the possibility of accidental spills caused by mishandling of 

equipment and materials.

 Visual inspection − Perform routine visual inspections of the facility to uncover

conditions that could cause discharge of hazardous waste. Look for signs of

leaks, corrosion, or other deterioration of all containers that store hazardous 

waste.
7-20 Chapter 7 Hazardous and Recycled W

 Employee training − Provide training in hazardous waste management, waste

minimization, and P2 to personnel who handle, or are routinely exposed to,

hazardous waste. (Refer to Chapter 10, Training)

 Storage container handling − Always handle, open, and store a container with

POL or hazardous waste so the container cannot leak or bre

Waste handling precautions include the following:

 Check for the maximum allowable storage temperatures for wastes on Safety

Data Sheets (SDSs) or waste profile 

 Use extreme caution when operating forklifts or other heavy equipment

around waste accumulation and storage points.

7.4 State Requirements

Most state agencies (with the exception of Iowa and Alaska) have received

authorization from PA to administer hazardous waste programs. Some sta

have adopted the federal program outright while others have developed their 

own programs that are more stringent or broader in scope than the federal 

requirements. It is critical for you to check your state hazardous waste regulations 

because of the regulatory variability. Refer to Appendix E for a list of state agency

contacts. Below are some examples where states have stricter and differing 

requirements than E

7.4.1 Waste Identification

 Some state agencies may identify certain waste types as hazardous, special

waste, or industrial waste that would not necessarily be identified and 

regulated as such under the federal program. In California, wastes that kill 

fish, PCB wastes, oily wastes, and friable asbestos are hazardous waste.

California, Texas, and Washington have a definition for solid corrosive

hazardous waste. Washington regulates persistent hazardous waste 

(halogenated compounds and polycyclic aromatic hydrocarbons [PAHs]

Some other states that regulate additional wastes include Colorado, Illinois,

Indiana, Maine, Maryland, Michigan, Missouri, New Hampshire, Orego

Rhode Island, South Carolina, Utah, and Vermont. Always check with y

state agency for regulations relating to waste.

 States can also use differing terminology. For example, Washington uses

the terminology of “dangerous” and “extremely hazardous,” and regulates 

“persistent” and a more broadly defined “toxic” waste. In Washington, 50% of 

the hazardous (dangerous) waste generated is state-only hazardous waste.

 Some states may have used oil regulations stricter than federal requirements.

In California, used oil is a hazardous waste even when it is recycled. Be aware 

of both your state and federal requirements and abide by the most stringent 

regulations.

7.4.2 Generator Categories

 Washington regulates generators of between 100 and 1,000 kg per month 

as “medium” quantity generators and calls generators of less than 100 kg 

per month small quantity generators. Other states, such as Kansas, Maine,

State Requirements
Chapter 7 Hazardous and Recycled Waste 

Maryland, Massachusetts, Minnesota, New Hampshire, Rhode Island, a

Washington, have generator classes that vary from the federal definitions of 

the generator categories. California has a “silver-only generator” status for 

generators of only silver who must comply with the VSQG regulations. Kansas

requires VSQGs to use state-certified laboratories. Also, some states (such a

Kansas and West Virginia) require VSQGs to get state ID number

 There are no VSQG exemptions in some states, such as New York, Nev

Missouri, Montana, Maine, and Connecticut.

7.4.3 Recordkeeping and Reporting

 Refer to Appendix 7-4 for a summary of state-specific hazardous waste

reporting frequencies.

 Some states require that the Form 8700−12, RCRA Subtitle C Identifica

Form, be updated annually and submitted with the biennial or annual 

hazardous waste report or on a regular schedule. In addition, some states 

(such as Alabama, New Jersey, and Iowa) charge a fee to process For

8700−12.

 Some states, such as California, Maine, Maryland, Rhode Island, Sou

Carolina, Utah, Vermont, and Washington, have additional requirements

regarding the use of the manifest, such as state-specific waste codes and 

requirements that stipulate copies must be submitted to the state agency.

 Note that some states require hazardous waste records to be kept for longer

than 3 years. For instance, Washington requires generators to keep manifest 

records for 5 years.

 California, New York, Kansas, New Jersey, Washington, and other stat

require payment of annual hazardous waste generator management fees.

7.4.4 Waste Accumulation

 Some states, such as Alabama, have detailed generator storage area closur

requirements in their regulations.

 Alabama’s satellite accumulation regulations have a safety exemption for the

“located near the point of generation” requirements if storage of a waste at or 

near the point of generation is unsafe. This means the waste can be placed in

a location that might not be visible but is quickly and easily accessible to the 

operator generating the waste.

 Some states, such as California, Florida, Minnesota, and Texas, do not allow oi

filters to be placed in landfills.

7.4.5 Recycled Hazardous Waste

 Note that some states have additional wastes that they regulate as universal

waste, such as aerosol cans (California and Colorado), antifreeze (Louisiana

and New Hampshire), CRTs (Maine, New Hampshire, and Rhode Is

electronics (Arkansas, Louisiana, Connecticut, Michigan, and Nebraska), 

paint waste (Texas). In addition, Montana has additional requirements for the

treatment of electronic lamps. Contact your state agency to determine what 

is regulated in your state.
7-22 Chapter 7 Hazardous and Recycled W

 In California, non-functioning CRTs are hazardous waste and cannot b

disposed of in municipal landfills. California does not exempt CRTs fro

VSQGs. CRTs in California that are donated for continued use as monitors 

televisions are not identified as hazardous waste.

 The state of Washington requires separate P2 plans for LQGs, excludi

commercial TSDRFs (remember that hazardous waste is called danger

waste in Washington).

 Alaska, Iowa, Idaho, Illinois, New Jersey, Pennsylvania, U.S. territories,

tribal lands have adopted the hazardous secondary materials exemption.

7.5 For More Information

For Information On... See...

Waste-Related Agencies

EPA Office of Solid Waste www.epa.gov/epawaste/inde

EPA Hazardous Waste Home Page www.epa.gov/wastes/hazard/ind

Sector-specific Compliance

Assistance Centers (that address

real-world issues in understandable language for you to 

understand federal environmental 

requirements and how to save 

money through pollution prevention techniques)

https://www.epa.gov/compliance/complianceassistance-centers

EPA Used Oil Management Program https://www.epa.gov/hw/managing-used-oilanswers-frequent-questions-busi

Universal waste https://www.epa.gov/hw/universal-wast

Electronic waste www.epa.gov/wastes/conserve/materials/ ecyclin

Cathode ray tubes https://www.epa.gov/hw/cathode-ray-tubes-crts-0

Documents and References

RCRA Orientation Manu

(introductory information on the 

solid and hazardous waste management programs under RC

https://www.epa.gov/hwgenerators/resourceconservation-and-recovery-act-rcra-orientationmanual

Hazardous Waste Generator

Regulations:A User-Friend

Reference document, Version 6 −

August 201

https://www.epa.gov/hwgenerators/hazardouswaste-generator-regulations-user-friendly-referencedocument

RCRA Tools and Resources https://www.epa.gov/rcra/resource-conservationand-recovery-act-rcra-tools-and-reso

Hazardous waste minimization

− Guidance to Hazardous Waste

Generators on the Elements of a

Waste Minimization Program: 5

Federal Register 31114−31120. May 

28, 1993.

https://nepis.epa.gov/Exe/ZyPURL.

cgi?Dockey=10001D8P.TXT

RCRA online database (to loca

documents, including publications 

and other outreach materials that 

cover a wide range of RCRA issu

and topics)

https://rcrapublic.epa.gov/rcraonline/

For More Information
Chapter 7 Hazardous and Recycled Waste 

7.6 Action Items

Item

Date 

Started

Date 

Completed N/A Comment(s)

Identify all routine and 

non-routine wastes generated 

at your facility and characterize them as either hazardous 

or non-hazardous through 

testing or knowledge.



Calculate the amount of 

hazardous waste generated 

monthly and meet the

requirements for your generator category (LQG, SQG, o

VSQG)



Train your staff in the proper

management of hazardous 

waste on an ongoing basis 

and on ways they can minimize pollution generation in 

their daily activities.



Inspect your central accumulation areas weekly to ensure 

that the wastes are fully 

contained while in storage.



Properly mark, label, and identify the hazards of the waste 

on the containers and tanks 

that you use for hazardous 

waste storage.



Make sure a professional 

engineer evaluates any tank

systems used for hazardous 

waste storage.



Use a Hazardous Wast

Manifest or e-Manifest for 

all shipments of hazardous 

waste from the facility. Take

action if your disposal facility 

fails to submit a copy of the 

manifest to PA that documents the final disposal of t

waste.



Maintain adequate preparedness and prevention 

measures, including adequate

communications capability,

fire-fighting equipment, and 

other emergency response

equipment. Prepare and implement a Hazardous Wast

Contingency Plan if you are

an LQG



Manage universal waste 

properly (storage, labeling). 

Action Items
7-24 Chapter 7 Hazardous and Recycled W

Item

Date 

Started

Date 

Completed N/A Comment(s)

Mark your used oil tanks 

and containers with 

the words “Used Oil,

ensure that secondary 

containment is in place, 

and ensure that you are 

recycling your used oil at

a facility that is permitted 

to receive it.



Maintain detailed records 

of your waste management activities, including 

waste characterizations, 

manifest activities, 

training records, and 

self-inspections.



Evaluate all materials that

move through your site 

on a life cycle basis. Ensure

that only those materials 

that will minimize pollution are brought on-site 

(for example, selecting 

non-lead paint coatings to 

prevent future generation 

of hazardous waste).


Chapter 7 Hazardous and Recycled Waste 

Appendix 7−1 Hazardous Waste Determination Overview

Appendix 7−2 Hazardous Waste Toxicity Characteristic 

 Regulatory Limits

Appendix 7−3 Hazardous Waste Generator Requirements

Appendix 7−4 State and U.S. Territory Hazardous Waste 

 Reporting Frequency

CHAPTER 7 

Appendices
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Chapter 7 Hazardous and Recycled Waste 

Appendix 7-1: Hazardous Waste Determination Overview

Solid waste may include solid, semi-solid, liquid, or contained gas.

Answer this question by evaluating the following questions:

Mixtures containing listed wastes and residues from treating, storing, or disposing liquid wastes may 

also be hazardous. 

The material is not

subject to some 

of all of the R

hazardous waste 

requirements

Regardless of whether the answer to Question 3 is “yes” or “no,” you must proceed to Question 4.

Mixtures containing characteristic wastes and residues from treating, storing, or disposing characteristic 

wastes are hazardous if they exhibit a characteristic.

If the waste meets the definitionof hazardous waste, classif it using all applicable listed and 

characteristic waste codes and manage it according to applicable regulations.

There are over 60 exemptions and exclusions in RCRA. however, 

some states may not have adopted all of them. 

Answer this question by evaluating the lists of hazardous waste in 40 CFR 261.31-33.

Answer this question by evaluating the four hazardous waste characteristics in 40 CFR 261.21-24.

F-list: F001-F039

Ignitability: D001 Corrosivity: D002 Reactivity: D003 Toxicity: D004-D043

K-list: K001-K178 P-list: P001-P205 U-list: P001-U411 Any state-listed wastes?

Is the material abandoned by being:

 Thrown away;

 Burned or incinerated; or

 Accumulated, stored, or 

treated before, or in lieu 

of, being thrown away, 

burned, or incinerated?

Is the material inherently waste-like 

because it is:

 A dioxin waste being 

recycled, or

 A secondary material 

fed into a halogenacid furnace?

Is the material a spent material, sludge, by-product, or scrap 

metal as defined in §261.1(c) or a commercial chemical product defined in §261.33, and is it being recycled by being:

 Used in a manner constituting disposal;

 Burned for energy recovery used to produce a fuel;

 Reclaimed, or

 Speculatively accumulated?

The material may be a solid waste based on evaluation of 

Table 1 in §261.2(c).

 If the material is not a solid waste, is cannot be a hazardous waste and 

is not subject to any RCRA hazardous waste requirements. You can stop. 

 If the material is a solid waste, proceed to Question 2. 

1. Is it a solid waste?

2. Is it exempt?

3. Is it listed?

4. Is it characteristic?

yes

no

CFR = Code of Federal Regulations

RCRA = Resource Conservation and Recovery Act

Source: 40 CFR 261
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Chapter 7 Hazardous and Recycled Waste 

Appendix 7-2: Hazardous Waste Toxicity Characteristic 

Regulatory Limits

TCLP Regulatory Limit

Metals mg/L μg/L EPA HW #

Arsenic 5.0 5,000 D0

Barium 100.0 100,000 D00

Cadmium 1.0 1,000 D00

Chromium 5.0 5,000 D00

Lead 5.0 5,000 D0

Mercury 0.2 200 D00

Selenium 1.0 1,000 D0

Silver 5.0 5,000 D0

Pesticides

Chlordane 0.03 30 D02

Endrin 0.02 20 D0

Heptachlor (and its epoxide) 0.008 8 D0

Lindane 0.4 400 D0

Methoxychlor 10.0 10,000 D01

Toxaphene 0.5 500 D0

Herbicides

2,4−D 10.0 10,000 D0

2,4,5−TP (Silvex) 1.0 1,000 

VOCS

Benzene 0.5 500 D01

Carbon tetrachloride 0.5 500 D01

Chlorobenzene 100.0 100,000 D02

Chloroform 6.0 6,000 D02

1,2−Dichloroethane 0.5 500 D0

1,1−Dichloroethylene 0.7 700 D0

Methyl ethyl ketone (2−Butanone) 200.0 200,000 D03

Tetrachloroethylene 0.7 700 D0

Trichloroethylene 0.5 500 D0

Vinyl chloride 0.2 200 D04
7-30 Chapter 7 Hazardous and Recycled W

TCLP Regulatory Limit

SVOCs mg/L μg/L EPA HW #

o−Cresol (2−Methylphenol) 200.0 200,000 D02

m−Cresol (3−Methylphenol) 200.0 200,000 D02

p−Cresol (4−Methylphenol) 200.0 200,000 D02

Total cresols 200.0 200,000 D0

1,4−Dichlorobenzene 7.5 7,500 D0

2,4−Dinitrotoluene 0.13 130 D0

Hexachlorobenzene 0.13 130 D0

Hexachloro−1,3−butadiene 0.5 500 D0

Hexachloroethane 3.0 3,000 D0

Nitrobenzene 2.0 2,000 D0

Pentachlorophenol 100.0 100,000 D0

Pyridine 5.0 5,000 D0

2,4,5−Trichlorophenol 400.0 400,000 D0

2,4,6−Trichlorophenol 2.0 2,000 D0

Source: 40 CFR 261.24, Tabl

EPA HW# = The Hazardous Waste Number or code assiged by EPA to wastes with chemical concentrations above the specif

μg/L = microgram per lite

mg/L = milligram per lite

SVOC = Semivolatile Organic Chem

TCLP = Toxicity Characteristic Leaching Pro

VOC = Volatile Organic Chemic
Chapter 7 Hazardous and Recycled Waste 

Appendix 7-3: Hazardous Waste Generator Requirements

Requirement1 Citation in 40 CFR VSQG SQG LQG

Determination of whether waste is hazardous 261 Subpart B Required Required Req

Delivery of waste to permitted TSDRF 262.20 Required Required 

Quantity limit generated per month:

Hazardous waste 262.13 100 kg or less 100 kg − 1,000 kg 1,000 kg or mor

Acute hazardous wast

AHW-contaminated debris 262.13 1 kg or les

100 kg

1 kg or less 

100 kg

Over 1 kg

Unlimite

On-site accumulation limit

Hazardous waste

Acute hazardous wast

AHW-contaminated debr

262.13

262.14

262.16

1,000 kg

1 kg

100 kg

6,000 kg

1 kg

100 kg

Unlimited

Unlimited

Unlimite

Storage time without a permit 262.1

262.14

262.16

262.17 

90 days acute waste

180 days or less (270 

days or less for 200 

miles or more)

180 days or less (270 

days or less for 200 

miles or more)

90 days or less

EPA ID number 262.18 Not required Required R

Manifest 262 Subpart 

(262.20−27) Not required Required Requi

Container management 262.16 Not required Required Requi

Tank systems 262.1

261.17 Not required Required Requir

Air emission standards for tanks and

containers 265 Subpart C

(265.1080−.1091) Not required Not required Requi

Hazardous waste label and identify the

hazards of the waste

262.16

262.17 Recommended Required Requi

Accumulation date label 262.1

261.17 Recommended Required Requi

Packaging, labeling, marking, and placarding

requirements

262 Subpart 

(262.30−.35) Not required Required Requi

Preparedness and prevention 262 Subpart M Not required Required Req

Contingency plan 262.17 Not required Not required Requi

Emergency procedures 262.1

262.17 Not required Required Requi

Personnel training 262.1

262.17 Not required Required Requi

Closure 262.17 Not required Not required Requi

Reporting requirements

Biennial report 

Exception repor

262.41

262.42 Not required

Not require

Not required Require

> 60 days

Required

Required > 45 day

Recordkeeping requirements: Manifests and

LDR not

Biennial report (or annual or quarterly)

Exception report

Waste analysis

262 Subpart

Not require

Not require

Not require

Not require

3 years

Not require

Not require

3 years

3 years

3 years

3 years

3 years

Land disposal restriction notice 268.7(a) Not required Required Requ

VSQG=Very Small Quantity Generator, CFR=Code of Federal Regulations, LQG=Large Quantity Generator, SQG=Small Quantity Gen

TSDRF=Treatment, Storage, and Disposal Facility, AHW = Acute Hazardus Waste, LDR = Land Dis

1Check with your state agency to determine if their requirements are more stringent than federal regulations.
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Chapter 7 Hazardous and Recycled Waste 

Appendix 7-4: State and U.S. Territory Hazardous Waste Reporting 

Frequency

Annual Hazardous Waste Report

(may include the biennial report and 

plus another state required report in 

alternating years)

Biennial Hazardous Waste Report Other Reporting Frequency

Arizona Alabama New Hampshire (quarte

manifest report)

Arkansas Alaska South Carolina (quarterly repo

California Colorado Oklahoma (quarterly manifest

report)

Delaware Connecticu

District of Columbia Florid

Georgia Hawai

Guam Iowa

Idaho Kansas

Illinois Maryland

Indiana Massachusetts (recyclers report annually)

Kansas Nebrask

Kentucky Nevad

Louisiana New Mexi

Maine North Carolin

Michigan North Dako

Minnesota Ohi

Mississippi Pennsylvani

Missouri Rhode Islan

Montana South Dako

New Hampshire U

New Jersey Vermon

New York Virgin

Oklahoma West Virgini

Oregon Wyomin

Tennessee Commonwealth of Northern Mariana Islan

Texas Puerto R

Washington United States Virgin Islan

Wisconsin American Sam
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