To paraphrase 40 CFR 262.11: A person who generates a solid waste must determine if that waste is a hazardous waste using the following method:
- Is it excluded from regulation?
- Is it a listed hazardous waste?
- Is it a characteristic hazardous waste?
An in-depth explanation of the process of the Hazardous Waste Determination will have to wait for another article. The purpose of this article is to make clear who must complete a Hazardous Waste Determination and what it entails. From the simple segment of the regulations above, the US EPA and authorized states have clarified the following:
- A “person” is any individual or the business or government entity they represent. This previous article explains this term more in-depth, but rest assured, if you own a business or work for a business or government entity, including the US Military, you are a person in the eyes of the US EPA and therefore subject to the regulations.
- The requirement to complete a Hazardous Waste Determination applies to all status of hazardous waste generators.
- The requirement for a Large Quantity Generator (LQG) can be found at 40 CFR 262.40(c).
- The requirement for a Small Quantity Generator (SQG) can also be found at 40 CFR 262.40(c) referenced from 40 CFR 262.44(a).
- And in an interpretation letter, US EPA clarified that the requirement to conduct a Hazardous Waste Determination applies to a Conditionally Exempt Small Quantity Generator (CESQG) as well (RO14030). However, a CESQG is not required to retain records of its Hazardous Waste Determination, though it is a good idea.
I confess that I am still learning the regulations as I write these articles, answer questions from my trainees, and conduct my training seminars. I don’t think there will ever come a day where I sit back and say that I know it all, and you shouldn’t either. Good training that is reasonably priced and readily available is hard to find, but contact me and I will help you to get the training you need (Hazardous Waste Personnel and HazMat Employee) to come into compliance and stay there.