RCRA REVISION CHECKLIST 237

                  Hazardous Waste Generator Improvements Rule
                               81 FR 85732-85829
                               November 28, 2016
	(RCRA Cluster XXV, Non-HSWA)

Name of State:  Virginia

State Statutory Authority: § 10.1-1402 of the Code of Virginia

Title of Regulations:  Virginia Hazardous Waste Management Regulations, 9VAC20-60

Effective Date:   April 8, 2018 (Virginia Register, Volume 34, Issue 14, March 5, 2018)

Date Checklist Completed:  September 23, 2019

                             FEDERAL REQUIREMENTS

                             FEDERAL RCRA CITATION

                           ANALOGOUS STATE CITATION

                               STATE ANALOG IS:

                                  EQUIV-ALENT

                                     LESS
                                    STRIN-
                                     GENT

                                MORE STRIN-GENT

                               BROADER IN SCOPE

            PART 260 - HAZARDOUS WASTE MANAGEMENT SYSTEM:  GENERAL

                              SUBPART A - GENERAL

Revise the introductory text to read as follows: As used in parts 260 through 273 of this chapter:
260.3
9VAC20-60-18.
IBR in 9VAC20-60-260 A.
                                       X

                            SUBPART B - DEFINITIONS

DEFINITIONS

Add "Acute hazardous waste" to mean: hazardous wastes that meet the listing criteria in § 261.11(a)(2) and therefore are either listed in § 261.31 of this chapter with the assigned hazard code of (H) or are listed in § 261.33(e) of this chapter.
260.10
9VAC20-60-18.
IBR in 9VAC20-60-260 A.
                                       X

Add "Central accumulation area" to mean: any on-site hazardous waste accumulation area with hazardous waste accumulating in units subject to either § 262.16 (for small quantity generators) or § 262.17 of this chapter (for large quantity generators). A central accumulation area at an eligible academic entity that chooses to operate under 40 CFR part 262 subpart K is also subject to § 262.211 when accumulating unwanted material and/or hazardous waste.
260.10
9VAC20-60-18.
IBR in 9VAC20-60-260 A.
                                       X

Add "Large quantity generator" to mean a generator who generates any of the following amounts in a calendar month:
(1) Greater than or equal to 1,000 kilograms (2200 lbs) of non-acute hazardous waste; or
(2) Greater than 1 kilogram (2.2 lbs) of acute hazardous waste listed in § 261.31 or § 261.33(e) of this chapter; or
(3) Greater than 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in § 261.31 or § 261.33(e) of this chapter.
260.10
9VAC20-60-18.
IBR in 9VAC20-60-260 A.
                                       X

Add "Non-acute hazardous waste" to mean: all hazardous wastes that are not acute hazardous waste, as defined in this section.
260.10
9VAC20-60-18.
IBR in 9VAC20-60-260 A.
                                       X

Remove the definition for "Performance Track member facility"
260.10
9VAC20-60-18.
IBR in 9VAC20-60-260 A.
                                       X

Revise "Small quantity generator" to mean: a generator who generates the following amounts in a calendar month:
(1) Greater than 100 kilograms (220 lbs) but less than 1,000 kilograms (2200 lbs) of non-acute hazardous waste; and
(2) Less than or equal to 1 kilogram (2.2 lbs) of acute hazardous waste listed in § 261.31 or § 261.33(e) of this chapter; and
(3) Less than or equal to 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in § 261.31 or § 261.33(e) of this chapter.
260.10
9VAC20-60-18.
IBR in 9VAC20-60-260 A.
                                       X

Add "Very small quantity generator" to mean: a generator who generates less than or equal to the following amounts in a calendar month:
(1) 100 kilograms (220 lbs) of non-acute hazardous waste; and
(2) 1 kilogram (2.2 lbs) of acute hazardous waste listed in § 261.31 or § 261.33(e) of this chapter; and
(3) 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in § 261.31 or § 261.33(e) of this chapter.
260.10
9VAC20-60-18.
IBR in 9VAC20-60-260 A.
                                       X

Revise the section heading to read as follows: Incorporation by reference
260.11 section heading
9VAC20-60-18.
IBR in 9VAC20-60-260 A.
                                       X

Revise as follows: "Flammable and Combustible Liquids Code" (NFPA 30), 1977 or 1981, IBR approved for §§ 262.16(b), 264.198(b), 265.198(b), 267.202(b).
260.11(d)(1)
9VAC20-60-18.
IBR in 9VAC20-60-260 A.
                                       X

           PART 261 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

                              SUBPART A - GENERAL

Revise to read: Subpart A defines the terms "solid waste" and "hazardous waste", identifies those wastes which are excluded from regulation under parts 262 through 266, 268 and 270 of this chapter and establishes special management requirements for hazardous waste produced by very small quantity generators and hazardous waste which is recycled.
261.1(a)(1)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X

Revise to read: "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.
261.1(c)(6)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X

Revise to read: Spent sulfuric acid used to produce virgin sulfuric acid provided it is not accumulated speculatively as defined in § 261.1(c) of this chapter.
261.4(a)(7)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X

Remove and reserve
261.5
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X

                                                                              2
Add: Section 265.75 of this chapter (biennial reporting requirements).
261.6(c)(2)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X

                    SUBPART D  -  LISTS OF HAZARDOUS WASTES

Revise to read: The commercial chemical products, manufacturing chemical intermediates or off-specification commercial chemical products or manufacturing chemical intermediates referred to in paragraphs (a) through (d) of this section, are identified as acute hazardous wastes (H).
261.33(e) introductory text
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X

Revise to read: The commercial chemical products, manufacturing chemical intermediates, or off-specification commercial chemical products referred to in paragraphs (a) through (d) of this section, are identified as toxic wastes (T) unless otherwise designated.
261.33(f) introductory text
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X

SUBPART M EMERGENCY PREPAREDNESS AND RESPONSE FOR MANAGEMENT OF EXCLUDED HAZARDOUS SECONDARY MATERIALS

Add paragraph (g): Personnel training. All employees must be thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies.
261.420(g)
9VAC20-60-18.
IBR in 9VAC20-60-261 A.
                                       X

      PART 262  -  STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE

                              SUBPART A - GENERAL

Add 261.1 to read as follows: Terms used in this part.
262.1 heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

As used in this part:

262.1 introductory text
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Add "Condition for exemption" to mean: any requirement in §§ 262.14, 262.15, 262.16, 262.17, 262.70, or subpart K or subpart L of this part that states an event, action, or standard that must occur or be met in order to obtain an exemption from any applicable requirement in parts 124, 264 through 268, and 270 of this chapter, or from any requirement for notification under section 3010 of RCRA.
262.1
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Add "Independent requirement" to mean: a requirement of part 262 that states an event, action, or standard that must occur or be met; and that applies without relation to, or irrespective of, the purpose of obtaining a conditional exemption from storage facility permit, interim status, and operating requirements under §§ 262.14, 262.15, 262.16, 262.17, or subpart K or subpart L of this part.
262.1
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Revise paragraph (a) to read as follows: The regulations in this part establish standards for generators of hazardous waste as defined by 40 CFR 260.10.
262.10(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A person who generates a hazardous waste as defined by 40 CFR part 261 is subject to all the applicable independent requirements in the subparts and sections listed below:
262.10(a)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Independent requirements of a very small quantity generator.
262.10(a)(1)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Section 262.11(a) through (d) Hazardous waste determination and recordkeeping; and
262.10(a)(1)(i)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Section 262.13 Generator category determination.
262.10(a)(1)(i)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Independent requirements of a small quantity generator.
262.10(a)(1)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Section 262.11 Hazardous waste determination and recordkeeping;
262.10(a)(1)(ii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Section 262.13 Generator category determination;
262.10(a)(1)(ii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Section 262.18 EPA identification numbers and re-notification for small quantity generators and large quantity generators;
262.10(a)(1)(ii)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Part 262 subpart B -- Manifest requirements applicable to small and large quantity generators;
262.10(a)(1)(ii)(D)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Part 262 subpart C -- Pre-transport requirements applicable to small and large quantity generators;
262.10(a)(1)(ii)(E)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Section 262.40 Recordkeeping;
262.10(a)(1)(ii)(F)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Section 262.44 Recordkeeping for small quantity generators; and
262.10(a)(1)(ii)(G)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

                                                                              1
Part 262 subpart H -- Transboundary movements of hazardous waste for recovery or disposal.
262.10(a)(1)(ii)(H)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Independent requirements of a large quantity generator.
262.10(a)(1)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Section 262.11 Hazardous waste determination and recordkeeping;
262.10(a)(1)(iii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Section 262.13 Generator category determination;
262.10(a)(1)(iii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Section 262.18 EPA identification numbers and re-notification for small quantity generators and large quantity generators;
262.10(a)(1)(iii)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Part 262 subpart B -- Manifest requirements applicable to small and large quantity generators;
262.10(a)(1)(iii)(D)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Part 262 subpart C -- Pre-transport requirements applicable to small and large quantity generators;
262.10(a)(1)(iii)(E)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Part 262 subpart D -- Recordkeeping and reporting applicable to small and large quantity generators, except § 262.44; and
262.10(a)(1)(iii)(F)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

                                                                              1
Part 262 subpart H -- Transboundary movements of hazardous waste for recovery or disposal.
262.10(a)(1)(iii)(G)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A generator that accumulates hazardous waste on site is a person that stores hazardous waste; such generator is subject to the applicable requirements of parts 124, 264 through 267, and 270 of this chapter and section 3010 of RCRA, unless it is one of the following:
262.10(a)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A very small quantity generator that meets the conditions for exemption in § 262.14;
262.10(a)(2)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A small quantity generator that meets the conditions for exemption in §§ 262.15 and 262.16; or
262.10(a)(2)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A large quantity generator that meets the conditions for exemption in §§ 262.15 and 262.17.
262.10(a)(2)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A generator shall not transport, offer its hazardous waste for transport, or otherwise cause its hazardous waste to be sent to a facility that is not a designated facility, as defined in § 260.10 of this chapter, or not otherwise authorized to receive the generator's hazardous waste.
262.10(a)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Revise to read as follows: Determining generator category. A generator must use § 262.13 to determine which provisions of this part are applicable to the generator based on the quantity of hazardous waste generated per calendar month.
262.10(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

                                                                              1
Revise to read as follows: Any person who exports or imports hazardous wastes must comply with § 262.18 and subpart H of this part.
262.10(d)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Revise to read as follows: A generator's violation of an independent requirement is subject to penalty and injunctive relief under section 3008 of RCRA.
262.10(g)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A generator's noncompliance with a condition for exemption in this part is not subject to penalty or injunctive relief under section 3008 of RCRA as a violation of a 40 CFR part 262 condition for exemption. Noncompliance by any generator with an applicable condition for exemption from storage permit and operations requirements means that the facility is a storage facility operating without an exemption from the permit, interim status, and operations requirements in 40 CFR parts 124, 264 through 267, and 270 of this chapter, and the notification requirements of section 3010 of RCRA. Without an exemption, any violations of such storage requirements are subject to penalty and injunctive relief under section 3008 of RCRA.
262.10(g)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Remove and reserve
262.10(j)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The laboratories owned by an eligible academic entity that chooses to be subject to the requirements of subpart K of this part are not subject to (for purposes of this paragraph, the terms "laboratory" and "eligible academic entity" shall have the meaning as defined in § 262.200):
262.10(l)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The independent requirements of § 262.11 or the regulations in § 262.15 for large quantity generators and small quantity generators, except as provided in subpart K, and
262.10(l)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The conditions of § 262.14, for very small quantity generators, except as provided in subpart K.
262.10(l)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Heading is revised to add "and recordkeeping."
262.11 heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A person who generates a solid waste, as defined in 40 CFR 261.2, must make an accurate determination as to whether that waste is a hazardous waste in order to ensure wastes are properly managed according to applicable RCRA regulations. A hazardous waste determination is made using the following steps:
262.11 introductory text
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The hazardous waste determination for each solid waste must 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 that may change the properties of the waste such that the RCRA classification of the waste may change.
262.11(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A person must determine whether the solid waste is excluded from regulation under 40 CFR 261.4.
262.11(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

If the waste is not excluded under 40 CFR 261.4, the person must then use knowledge of the waste to determine whether the waste meets any of the listing descriptions under subpart D of 40 CFR part 261. Acceptable knowledge that may be used in making an accurate determination as to whether the waste is listed may include waste origin, composition, the process producing the waste, feedstock, and other reliable and relevant information. If the waste is listed, the person may file a delisting petition under 40 CFR 260.20 and 260.22 to demonstrate to the Administrator that the waste from this particular site or operation is not a hazardous waste.
262.11(c)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The person then must also determine whether the waste exhibits one or more hazardous characteristics as identified in subpart C of 40 CFR part 261 by following the procedures in paragraph (d)(1) or (2) of this section, or a combination of both.
262.11(d)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The person 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 may include 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 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. Persons testing their waste must obtain a representative sample of the waste for the testing, as defined at 40 CFR 260.10.
262.11(d)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

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 260.21 and in accordance with the following:
262.11(d)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Persons testing their waste must obtain a representative sample of the waste for the testing, as defined at 40 CFR 260.10.
262.11(d)(2)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Where a test method is specified in subpart C of 40 CFR part 261, the results of the regulatory test, when properly performed, are definitive for determining the regulatory status of the waste.
262.11(d)(2)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

If the waste is determined to be hazardous, the generator must refer to parts 261, 264, 265, 266, 267, 268, and 273 of this chapter for other possible exclusions or restrictions pertaining to management of the specific waste.
262.11(e)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Recordkeeping for small and large quantity generators. A small or large quantity generator must maintain records supporting its hazardous waste determinations, including records that identify whether a solid waste is a hazardous waste, as defined by 40 CFR 261.3 Records must be maintained for at least three years from the date that the waste was last sent to on-site or off-site treatment, storage, or disposal. These records must comprise the generator's knowledge of the waste and support the generator's determination, as described at paragraphs (c) and (d) of this section. The records must include, but are not limited to, the following types of information: the results of any tests, sampling, waste analyses, or other determinations made in accordance with this section; records documenting the tests, sampling, and analytical methods used to demonstrate the validity and relevance of such tests; records consulted in order to determine the process by which the waste was generated, the composition of the waste, and the properties of the waste; and records which explain the knowledge basis for the generator's determination, as described at 40 CFR paragraph (d)(1) of this section. The periods of record retention referred to in this section are extended automatically during the course of any unresolved enforcement action regarding the regulated activity or as requested by the Administrator.
262.11(f)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Identifying hazardous waste numbers for small and large quantity generators. If the waste is determined to be hazardous, small quantity generators and large quantity generators must identify all applicable EPA hazardous waste numbers (EPA hazardous waste codes) in subparts C and D of part 261 of this chapter. Prior to shipping the waste off site, the generator also must mark its containers with all applicable EPA hazardous waste numbers (EPA hazardous waste codes) according to § 262.32.
262.11(g)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Remove and reserve
262.12
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

                   Add sections 262.13 to 262.18 as follows:

Generator category determination.
262.13 Section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A generator must determine its generator category. A generator's category is based on the amount of hazardous waste generated each month and may change from month to month. This section sets forth procedures to determine whether a generator is a very small quantity generator, a small quantity generator, or a large quantity generator for a particular month, as defined in § 260.10 of this chapter.
262.13 introductory text
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Generators of either acute hazardous waste or non-acute hazardous waste. A generator who either generates acute hazardous waste or non-acute hazardous waste in a calendar month shall determine its generator category for that month by doing the following:
262.13(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Counting the total amount of hazardous waste generated in the calendar month;
262.13(a)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Subtracting from the total any amounts of waste exempt from counting as described in paragraphs (c) and (d) of this section; and
262.13(a)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Determining the resulting generator category for the hazardous waste generated using Table 1 of this section.
262.13(a)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A
                                       X

Generators of both acute and non-acute hazardous wastes. A generator who generates both acute hazardous waste and non-acute hazardous waste in the same calendar month shall determine its generator category for that month by doing the following:
262.13(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Counting separately the total amount of acute hazardous waste and the total amount of non-acute hazardous waste generated in the calendar month;
262.13(b)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Subtracting from each total any amounts of waste exempt from counting as described in paragraphs (c) and (d) of this section;
262.13(b)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Determining separately the resulting generator categories for the quantities of acute and non-acute hazardous waste generated using Table 1 of this section; and
262.13(b)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Comparing the resulting generator categories from paragraph (b)(3) of this section and applying the more stringent generator category to the accumulation and management of both non-acute hazardous waste and acute hazardous waste generated for that month.
262.13(b)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

TABLE 1 to § 262.13 -- Generator Categories Based on Quantity of Waste Generated In A Calendar Month
Quantity of acute hazardous waste generated in a calendar month
Quantity of non-acute hazardous waste generated in a calendar month
Quantity of residues from a cleanup of acute hazardous waste generated in a calendar month
Generator Category
> 1 kg
Any amount
Any amount
Large quantity generator
Any amount
>= 1,000 kg
Any amount
Large quantity generator
Any amount
Any amount
> 100 kg
Large quantity generator
<=  1 kg
> 100 kg and < 1,000 kg
<= 100 kg
Small quantity generator
<=  1 kg
<= 100 kg
<= 100 kg
Very small quantity generator

When making the monthly quantity-based determinations required by this part, the generator must include all hazardous waste that it generates, except hazardous waste that:
262.13(c)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Is exempt from regulation under 40 CFR 261.4(c) through (f), 261.6(a)(3), 261.7(a)(1), or 261.8;
262.13(c)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Is managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in 40 CFR 260.10;
262.13(c)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Is recycled, without prior storage or accumulation, only in an on-site process subject to regulation under 40 CFR 261.6(c)(2);
262.13(c)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Is used oil managed under the requirements of 40 CFR 261.6(a)(4) and 40 CFR part 279;
262.13(c)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Is spent lead-acid batteries managed under the requirements of 40 CFR part 266 subpart G;
262.13(c)(5)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Is universal waste managed under 40 CFR 261.9 and 40 CFR part 273;
262.13(c)(6)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Is a hazardous waste that is an unused commercial chemical product (listed in 40 CFR part 261 subpart D or exhibiting one or more characteristics in 40 CFR part 261 subpart C) that is generated solely as a result of a laboratory clean-out conducted at an eligible academic entity pursuant to § 262.213. For purposes of this provision, the term eligible academic entity shall have the meaning as defined in § 262.200; or
262.13(c)(7)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Is managed as part of an episodic event in compliance with the conditions of subpart L of this part.
262.13(c)(8)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

In determining the quantity of hazardous waste generated in a calendar month, a generator need not include:
262.13(d)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Hazardous waste when it is removed from on-site accumulation, so long as the hazardous waste was previously counted once;
262.13(d)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Hazardous waste generated by on-site treatment (including reclamation) of the generator's hazardous waste, so long as the hazardous waste that is treated was previously counted once; and
262.13(d)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Hazardous waste spent materials that are generated, reclaimed, and subsequently reused on site, so long as such spent materials have been previously counted once.
262.13(d)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Based on the generator category as determined under this section, the generator must meet the applicable independent requirements listed in § 262.10. A generator's category also determines which of the provisions of §§ 262.14, 262.15, 262.16 or 262.17 must be met to obtain an exemption from the storage facility permit, interim status, and operating requirements when accumulating hazardous waste.
262.13(e)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Mixing hazardous wastes with solid wastes --
262.13(f)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Very small quantity generator wastes.
262.13(f)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Hazardous wastes generated by a very small quantity generator may be mixed with solid wastes. Very small quantity generators may mix a portion or all of its hazardous waste with solid waste and remain subject to § 262.14 even though the resultant mixture exceeds the quantity limits identified in the definition of very small quantity generator at § 260.10 of this chapter, unless the mixture exhibits one or more of the characteristics of hazardous waste identified in part 261 subpart C of this chapter.
262.13(f)(1)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

If the resulting mixture exhibits a characteristic of hazardous waste, this resultant mixture is a newly-generated hazardous waste. The very small quantity generator must count both the resultant mixture amount plus the other hazardous waste generated in the calendar month to determine whether the total quantity exceeds the very small quantity generator calendar month quantity limits identified in the definition of generator categories found in § 260.10 of this chapter. If so, to remain exempt from the permitting, interim status, and operating standards, the very small quantity generator must meet the conditions for exemption applicable to either a small quantity generator or a large quantity generator. The very small quantity generator must also comply with the applicable independent requirements for either a small quantity generator or a large quantity generator.
262.13(f)(1)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

If a very small quantity generator's wastes are mixed with used oil, the mixture is subject to 40 CFR part 279. Any material produced from such a mixture by processing, blending, or other treatment is also regulated under 40 CFR part 279.
262.13(f)(1)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Small quantity generator and large quantity generator wastes.
262.13(f)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Hazardous wastes generated by a small quantity generator or large quantity generator may be mixed with solid waste. These mixtures are subject to the following: the mixture rule in §§ 261.3(a)(2)(iv), (b)(2) and (3), and (g)(2)(i); the prohibition of dilution rule at § 268.3(a); the land disposal restriction requirements of § 268.40 if a characteristic hazardous waste is mixed with a solid waste so that it no longer exhibits the hazardous characteristic; and the hazardous waste determination requirement at § 262.11.
262.13(f)(2)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

If the resulting mixture is found to be a hazardous waste, this resultant mixture is a newly-generated hazardous waste. A small quantity generator must count both the resultant mixture amount plus the other hazardous waste generated in the calendar month to determine whether the total quantity exceeds the small quantity generator calendar monthly quantity limits identified in the definition of generator categories found in § 260.10 of this chapter. If so, to remain exempt from the permitting, interim status, and operating standards, the small quantity generator must meet the conditions for exemption applicable to a large quantity generator. The small quantity generator must also comply with the applicable independent requirements for a large quantity generator.
262.13(f)(2)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Conditions for exemption for a very small quantity generator.
262.14 section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Provided that the very small quantity generator meets all the conditions for exemption listed in this section, hazardous waste generated by the very small quantity generator is not subject to the requirements of parts 124, 262 (except §§ 262.10-262.14) through 268, and 270 of this chapter, and the notification requirements of section 3010 of RCRA and the very small quantity generator may accumulate hazardous waste on site without complying with such requirements. The conditions for exemption are as follows:
262.14(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

In a calendar month the very small quantity generator generates less than or equal to the amounts specified in the definition of "very small quantity generator" in § 260.10 of this chapter;
262.14(a)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The very small quantity generator complies with § 262.11(a) through (d);
262.14(a)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

If the very small quantity generator accumulates at any time greater than 1 kilogram (2.2 lbs) of acute hazardous waste or 100 kilograms (220 lbs) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in §§ 261.31 or 261.33(e) of this chapter, all quantities of that acute hazardous waste are subject to the following additional conditions for exemption:
262.14(a)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Such waste is held on site for no more than 90 days beginning on the date when the accumulated wastes exceed the amounts provided above; and
262.14(a)(3)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The conditions for exemption in § 262.17(a) through (g).
262.14(a)(3)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

If the very small quantity generator accumulates at any time 1,000 kilograms (2,200 lbs) or greater of non-acute hazardous waste, all quantities of that hazardous waste are subject to the following additional conditions for exemption:
262.14(a)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Such waste is held on site for no more than 180 days, or 270 days, if applicable, beginning on the date when the accumulated waste exceed the amounts provided above;
262.14(a)(4)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The quantity of waste accumulated on site never exceeds 6,000 kilograms (13,200 lbs); and
262.14(a)(4)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The conditions for exemption in § 262.16(b)(2) through (f).
262.14(a)(4)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A very small quantity generator that accumulates hazardous waste in amounts less than or equal to the limits in paragraphs (a)(3) and (4) of this section must either treat or dispose of its hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage, or disposal facility, either of which, if located in the U.S., is:
262.14(a)(5)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Permitted under part 270 of this chapter;
262.14(a)(5)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

In interim status under parts 265 and 270 of this chapter;
262.14(a)(5)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Authorized to manage hazardous waste by a state with a hazardous waste management program approved under part 271 of this chapter;
262.14(a)(5)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Permitted, licensed, or registered by a state to manage municipal solid waste and, if managed in a municipal solid waste landfill is subject to part 258 of this chapter;
262.14(a)(5)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Permitted, licensed, or registered by a state to manage non-municipal non-hazardous waste and, if managed in a non-municipal non-hazardous waste disposal unit, is subject to the requirements in §§ 257.5 through 257.30 of this chapter;
262.14(a)(5)(v)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A facility which:
262.14(a)(5)(vi)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or
262.14(a)(5)(vi)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation;
262.14(a)(5)(vi)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

For universal waste managed under part 273 of this chapter, a universal waste handler or destination facility subject to the requirements of part 273 of this chapter;
262.14(a)(5)(vii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A large quantity generator under the control of the same person as the very small quantity generator, provided the following conditions are met:
262.14(a)(5)(viii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The very small quantity generator and the large quantity generator are under the control of the same person as defined in § 260.10 of this chapter. "Control," for the purposes of this section, means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate generator facilities on behalf of a different person as defined in § 260.10 of this chapter shall not be deemed to "control" such generators.
262.14(a)(5)(viii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The very small quantity generator marks its container(s) of hazardous waste with:
262.14(a)(5)(viii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The words "Hazardous Waste" and
262.14(a)(5)(viii)(B)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

                                                                              2
An indication of the hazards of the contents (examples include, but are not limited to, 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 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704).
262.14(a)(5)(viii)(B)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited.
262.14(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A very small quantity generator experiencing an episodic event may generate and accumulate hazardous waste in accordance with subpart L of this part in lieu of §§ 262.15, 262.16, and 262.17.
262.14(c)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Satellite accumulation area regulations for small and large quantity generators.
262.15 Section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A generator may accumulate as much as 55 gallons of non-acute hazardous waste and/or either one quart of liquid acute hazardous waste listed in § 261.31 or § 261.33(e) of this chapter or 1 kg (2.2 lbs) of solid acute hazardous waste listed in § 261.31 or § 261.33(e) of this chapter in containers at or near any point of generation where wastes initially accumulate which is under the control of the operator of the process generating the waste, without a permit or interim status and without complying with the requirements of parts 124, 264 through 267, and 270 of this chapter, provided that all of the conditions for exemption in this section are met. A generator may comply with the conditions for exemption in this section instead of complying with the conditions for exemption in § 262.16(b) or § 262.17(a), except as required in § 262.15(a)(7) and (8). The conditions for exemption for satellite accumulation are:
262.15(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

If a container holding hazardous waste is not in good condition, or if it begins to leak, the generator must immediately transfer the hazardous waste from this container to a container that is in good condition and does not leak, or immediately transfer and manage the waste in a central accumulation area operated in compliance with § 262.16(b) or § 262.17(a).
262.15(a)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The generator must use a container made of or lined with materials that will not react with, and are otherwise compatible with, the hazardous waste to be accumulated, so that the ability of the container to contain the waste is not impaired.
262.15(a)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Special standards for incompatible wastes.
262.15(a)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Incompatible wastes, or incompatible wastes and materials, (see appendix V of part 265 for examples) must not be placed in the same container, unless § 265.17(b) of this chapter is complied with.
262.15(a)(3)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material (see appendix V of part 265 for examples), unless § 265.17(b) of this chapter is complied with.
262.15(a)(3)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A container holding a hazardous waste that is incompatible with any waste or other materials accumulated nearby in other containers must be separated from the other materials or protected from them by any practical means.
262.15(a)(3)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A container holding hazardous waste must be closed at all times during accumulation, except:
262.15(a)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

When adding, removing, or consolidating waste; or
262.15(a)(4)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

When temporary venting of a container is necessary
262.15(a)(4)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

For the proper operation of equipment, or
262.15(a)(4)(ii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

To prevent dangerous situations, such as build-up of extreme pressure.
262.15(a)(4)(ii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A generator must mark or label its container with the following:
262.15(a)(5)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The words "Hazardous Waste" and
262.15(a)(5)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

                                                                              2
An indication of the hazards of the contents (examples include, but are not limited to, 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 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704).
262.15(a)(5)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A generator who accumulates either acute hazardous waste listed in § 261.31 or § 261.33(e) of this chapter or non-acute hazardous waste in excess of the amounts listed in paragraph (a) of this section at or near any point of generation must do the following:
262.15(a)(6)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Comply within three consecutive calendar days with the applicable central accumulation area regulations in § 262.16(b) or § 262.17(a), or
262.15(a)(6)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Remove the excess from the satellite accumulation area within three consecutive calendar days to either:
262.15(a)(6)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A central accumulation area operated in accordance with the applicable regulations in § 262.16(b) or § 262.17(a);
262.15(a)(6)(ii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

An on-site interim status or permitted treatment, storage, or disposal facility, or
262.15(a)(6)(ii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

An off-site designated facility; and
262.15(a)(6)(ii)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

During the three-consecutive-calendar-day period the generator must continue to comply with paragraphs (a)(1) through (5) of this section. The generator must mark or label the container(s) holding the excess accumulation of hazardous waste with the date the excess amount began accumulating.
262.15(a)(6)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

All satellite accumulation areas operated by a small quantity generator must meet the preparedness and prevention regulations of § 262.16(b)(8) and emergency procedures at § 262.16(b)(9).
262.15(a)(7)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

All satellite accumulation areas operated by a large quantity generator must meet the Preparedness, Prevention and Emergency Procedures in subpart M of this part.
262.15(a)(8)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Reserved
262.15(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Conditions for exemption for a small quantity generator that accumulates hazardous waste.
262.16 Section heading
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A small quantity generator may accumulate hazardous waste on site without a permit or interim status, and without complying with the requirements of parts 124, 264 through 267, and 270 of this chapter, or the notification requirements of section 3010 of RCRA, provided that all the conditions for exemption listed in this section are met:
262.16 introductory text
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Generation. The generator generates in a calendar month no more than the amounts specified in the definition of "small quantity generator" in § 260.10 of this chapter.
262.16(a)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Accumulation. The generator accumulates hazardous waste on site for no more than 180 days, unless in compliance with the conditions for exemption for longer accumulation in paragraphs (d) and (e) of this section. The following accumulation conditions also apply:
262.16(b)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Accumulation limit. The quantity of hazardous waste accumulated on site never exceeds 6,000 kilograms (13,200 pounds);
262.16(b)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Accumulation of hazardous waste in containers --
262.16(b)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Condition of containers. If a container holding hazardous waste is not in good condition, or if it begins to leak, the small quantity generator must immediately transfer the hazardous waste from this container to a container that is in good condition, or immediately manage the waste in some other way that complies with the conditions for exemption of this section.
262.16(b)(2)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Compatibility of waste with container. The small quantity generator must use a container made of or lined with materials that will not react with, and are otherwise compatible with, the hazardous waste to be accumulated, so that the ability of the container to contain the waste is not impaired.
262.16(b)(2)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Management of containers.
262.16(b)(2)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A container holding hazardous waste must always be closed during accumulation, except when it is necessary to add or remove waste.
262.16(b)(2)(iii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A container holding hazardous waste must not be opened, handled, or accumulated in a manner that may rupture the container or cause it to leak.
262.16(b)(2)(iii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Inspections. At least weekly, the small quantity generator must inspect central accumulation areas. The small quantity generator must look for leaking containers and for deterioration of containers caused by corrosion or other factors. See paragraph (b)(2)(i) of this section for remedial action required if deterioration or leaks are detected.
262.16(b)(2)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Special conditions for accumulation of incompatible wastes.
262.16(b)(2)(v)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Incompatible wastes, or incompatible wastes and materials, (see appendix V of part 265 for examples) must not be placed in the same container, unless § 265.17(b) of this chapter is complied with.
262.16(b)(2)(v)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material (see appendix V of part 265 for examples), unless § 265.17(b) of this chapter is complied with.
262.16(b)(2)(v)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A container accumulating hazardous waste that is incompatible with any waste or other materials accumulated or stored nearby in other containers, piles, open tanks, or surface impoundments must be separated from the other materials or protected from them by means of a dike, berm, wall, or other device.
262.16(b)(2)(v)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Accumulation of hazardous waste in tanks.
262.16(b)(3)

                                       X

Reserved
262.16(b)(3)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A small quantity generator of hazardous waste must comply with the following general operating conditions:
262.16(b)(3)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Treatment or accumulation of hazardous waste in tanks must comply with § 265.17(b) of this chapter.
262.16(b)(3)(ii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Hazardous wastes or treatment reagents must not be placed in a tank if they could cause the tank or its inner liner to rupture, leak, corrode, or otherwise fail before the end of its intended life.
262.16(b)(3)(ii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Uncovered tanks must be operated to ensure at least 60 centimeters (2 feet) of freeboard, unless the tank is equipped with a containment structure (e.g., dike or trench), a drainage control system, or a diversion structure (e.g., standby tank) with a capacity that equals or exceeds the volume of the top 60 centimeters (2 feet) of the tank.
262.16(b)(3)(ii)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Where hazardous waste is continuously fed into a tank, the tank must be equipped with a means to stop this inflow (e.g., waste feed cutoff system or by-pass system to a stand-by tank).
262.16(b)(3)(ii)(D)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Except as noted in paragraph (b)(3)(iv) of this section, a small quantity generator that accumulates hazardous waste in tanks must inspect, where present:
262.16(b)(3)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Discharge control equipment (e.g., waste feed cutoff systems, by-pass systems, and drainage systems) at least once each operating day, to ensure that it is in good working order;
262.16(b)(3)(iii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Data gathered from monitoring equipment (e.g., pressure and temperature gauges) at least once each operating day to ensure that the tank is being operated according to its design;
262.16(b)(3)(iii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The level of waste in the tank at least once each operating day to ensure compliance with paragraph (b)(3)(ii)(C) of this section;
262.16(b)(3)(iii)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The construction materials of the tank at least weekly to detect corrosion or leaking of fixtures or seams; and
262.16(b)(3)(iii)(D)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The construction materials of, and the area immediately surrounding, discharge confinement structures (e.g., dikes) at least weekly to detect erosion or obvious signs of leakage (e.g., wet spots or dead vegetation). The generator must remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.
262.16(b)(3)(iii)(E)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A small quantity generator accumulating hazardous waste in tanks or tank systems that have full secondary containment and that either use leak detection equipment to alert personnel to leaks, or implement established workplace practices to ensure leaks are promptly identified, must inspect at least weekly, where applicable, the areas identified in paragraphs (b)(3)(iii)(A) through (E) of this section. Use of the alternate inspection schedule must be documented in the generator's operating record. This documentation must include a description of the established workplace practices at the generator.
262.16(b)(3)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Reserved
262.16(b)(3)(v)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A small quantity generator accumulating hazardous waste in tanks must, upon closure of the facility, remove all hazardous waste from tanks, discharge control equipment, and discharge confinement structures. At closure, as throughout the operating period, unless the small quantity generator can demonstrate, in accordance with § 261.3(c) or (d) of this chapter, that any solid waste removed from its tank is not a hazardous waste, then it must manage such waste in accordance with all applicable provisions of parts 262, 263, 265 and 268 of this chapter.
262.16(b)(3)(vi)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A small quantity generator must comply with the following special conditions for accumulation of ignitable or reactive waste:
262.16(b)(3)(vii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Ignitable or reactive waste must not be placed in a tank, unless:
262.16(b)(3)(vii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The waste is treated, rendered, or mixed before or immediately after placement in a tank so that the resulting waste, mixture, or dissolution of material no longer meets the definition of ignitable or reactive waste under § 261.21 or § 261.23 of this chapter and § 265.17(b) of this chapter is complied with; or
262.16(b)(3)(vii)(A)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The waste is accumulated or treated in such a way that it is protected from any material or conditions that may cause the waste to ignite or react; or
262.16(b)(3)(vii)(A)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The tank is used solely for emergencies.
262.16(b)(3)(vii)(A)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A small quantity generator which treats or accumulates ignitable or reactive waste in covered tanks must comply with the buffer zone requirements for tanks contained in Tables 2 - 1 through 2 - 6 of the National Fire Protection Association's "Flammable and Combustible Liquids Code" (1977 or 1981) (incorporated by reference, see § 260.11).
262.16(b)(3)(vii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A small quantity generator must comply with the following special conditions for incompatible wastes:
262.16(b)(3)(vii)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Incompatible wastes, or incompatible wastes and materials, (see part 265 appendix V for examples) must not be placed in the same tank, unless § 265.17(b) of this chapter is complied with.
262.16(b)(3)(vii)(C)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Hazardous waste must not be placed in an unwashed tank that previously held an incompatible waste or material, unless § 265.17(b) of this chapter is complied with.
262.16(b)(3)(vii)(C)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Accumulation of hazardous waste on drip pads. If the waste is placed on drip pads, the small quantity generator must comply with the following:
262.16(b)(4)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Subpart W of 40 CFR part 265 (except §265.445 (c));
262.16(b)(4)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The small quantity generator must remove all wastes from the drip pad at least once every 90 days. Any hazardous wastes that are removed from the drip pad at least once every 90 days are then subject to the 180-day accumulation limit in paragraph (b) of this section and § 262.15 if hazardous wastes are being managed in satellite accumulation areas prior to being moved to the central accumulation area; and
262.16(b)(4)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The small quantity generator must maintain on site at the facility the following records readily available for inspection:
262.16(b)(4)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A written description of procedures that are followed to ensure that all wastes are removed from the drip pad and associated collection system at least once every 90 days; and
262.16(b)(4)(iii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Documentation of each waste removal, including the quantity of waste removed from the drip pad and the sump or collection system and the date and time of removal.
262.16(b)(4)(iii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

                                                                              2
Accumulation of hazardous waste in containment buildings. If the waste is placed in containment buildings, the small quantity generator must comply with of 40 CFR part 265 subpart DD. The generator must label its containment buildings with the words "Hazardous Waste" in a conspicuous place easily visible to employees, visitors, emergency responders, waste handlers, or other persons on site and also in a conspicuous place provide an indication of the hazards of the contents (examples include, but are not limited to, 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 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704).The generator must also maintain:
262.16(b)(5)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The professional engineer certification that the building complies with the design standards specified in 40 CFR 265.1101. This certification must be in the generator's files prior to operation of the unit; and
262.16(b)(5)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The following records by use of inventory logs, monitoring equipment, or any other effective means:
262.16(b)(5)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A written description of procedures to ensure that each waste volume remains in the unit for no more than 90 days, a written description of the waste generation and management practices for the facility showing that the generator is consistent with maintaining the 90 day limit, and documentation that the procedures are complied with; or
262.16(b)(5)(ii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Documentation that the unit is emptied at least once every 90 days.
262.16(b)(5)(ii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Inventory logs or records with the above information must be maintained on site and readily available for inspection.
262.16(b)(5)(ii)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Labeling and marking of containers and tanks -- .
262.16(b)(6)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Containers. A small quantity generator must mark or label its containers with the following:
262.16(b)(6)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The words "Hazardous Waste";
262.16(b)(6)(i)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

                                                                              2
An indication of the hazards of the contents (examples include, but are not limited to, 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 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704); and
262.16(b)(6)(i)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The date upon which each period of accumulation begins clearly visible for inspection on each container.
262.16(b)(6)(i)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Tanks. A small quantity generator accumulating hazardous waste in tanks must do the following:
262.16(b)(6)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Mark or label its tanks with the words "Hazardous Waste";
262.16(b)(6)(ii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

                                                                              2
Mark or label its tanks with an indication of the hazards of the contents (examples include, but are not limited to, 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 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704);
262.16(b)(6)(ii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Use inventory logs, monitoring equipment, or other records to demonstrate that hazardous waste has been emptied within 180 days of first entering the tank if using a batch process, or in the case of a tank with a continuous flow process, demonstrate that estimated volumes of hazardous waste entering the tank daily exit the tank within 180 days of first entering; and
262.16(b)(6)(ii)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Keep inventory logs or records with the above information on site and readily available for inspection.
262.16(b)(6)(ii)(D)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Land disposal restrictions. A small quantity generator must comply with all the applicable requirements under 40 CFR part 268.
262.16(b)(7)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Preparedness and prevention --
262.16(b)(8)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Maintenance and operation of facility. A small quantity generator must maintain and operate its facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.
262.16(b)(8)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Required equipment. All areas where hazardous waste is either generated or accumulated must be equipped with the items in paragraphs (b)(8)(ii)(A) through (D) of this section (unless none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified below or the actual waste generation or accumulation area does not lend itself for safety reasons to have a particular kind of equipment specified below). A small quantity generator may determine the most appropriate locations to locate equipment necessary to prepare for and respond to emergencies.
262.16(b)(8)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;
262.16(b)(8)(ii)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or State or local emergency response teams;
262.16(b)(8)(ii)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and
262.16(b)(8)(ii)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.
262.16(b)(8)(ii)(D)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Testing and maintenance of equipment. All communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.
262.16(b)(8)(iii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Access to communications or alarm system.
262.16(b)(8)(iv)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access (e.g., direct or unimpeded access) to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required under paragraph (a)(8)(ii) of this section.
262.16(b)(8)(iv)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

In the event there is just one employee on the premises while the facility is operating, the employee must have immediate access (e.g., direct or unimpeded access) to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless such a device is not required under paragraph (a)(8)(ii) of this section.
262.16(b)(8)(iv)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Required aisle space. The small quantity generator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes.
262.16(b)(8)(v)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Arrangements with local authorities.
262.16(b)(8)(vi)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The small quantity generator must attempt to make arrangements with the local police department, fire department, other emergency response teams, emergency response contractors, equipment suppliers and local hospitals, taking into account the types and quantities of hazardous wastes handled at the facility. Arrangements may be made with the Local Emergency Planning Committee, if it is determined to be the appropriate organization with which to make arrangements.
262.16(b)(8)(vi)(A)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A small quantity generator attempting to make arrangements with its local fire department must determine the potential need for the services of the local police department, other emergency response teams, emergency response contractors, equipment suppliers and local hospitals.
262.16(b)(8)(vi)(A)(1)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

As part of this coordination, the small quantity generator shall attempt to make arrangements, as necessary, to familiarize the above organizations with the layout of the facility, the properties of hazardous waste handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes as well as the types of injuries or illnesses that could result from fires, explosions, or releases at the facility.
262.16(b)(8)(vi)(A)(2)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Where more than one police or fire department might respond to an emergency, the small quantity generator shall attempt to make arrangements designating primary emergency authority to a specific fire or police department, and arrangements with any others to provide support to the primary emergency authority.
262.16(b)(8)(vi)(A)(3)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A small quantity generator shall maintain records documenting the arrangements with the local fire department as well as any other organization necessary to respond to an emergency. This documentation must include documentation in the operating record that either confirms such arrangements actively exist or, in cases where no arrangements exist, confirms that attempts to make such arrangements were made.
262.16(b)(8)(vi)(B)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

A facility possessing 24-hour response capabilities may seek a waiver from the authority having jurisdiction (AHJ) over the fire code within the facility's state or locality as far as needing to make arrangements with the local fire department as well as any other organization necessary to respond to an emergency, provided that the waiver is documented in the operating record.
262.16(b)(8)(vi)(C)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

Emergency procedures. The small quantity generator complies with the following conditions for those areas of the generator facility where hazardous waste is generated and accumulated:
262.16(b)(9)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

At all times there must be at least one employee either on the premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures specified in paragraph (b)(9)(iv) of this section. This employee is the emergency coordinator.
262.16(b)(9)(i)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X

The small quantity generator must post the following information next to telephones or in areas directly involved in the generation and accumulation of hazardous waste:
262.16(b)(9)(ii)
9VAC20-60-18.
IBR in 9VAC20-60-262 A.
                                       X