FAQ: What – or who – is a person (according to USEPA)?

FAQ: What – or who – is a person (according to USEPA)?

The Federal regulations of the U.S. Environmental Protection Agency (USEPA) and those of your state, if it has an authorized hazardous waste program, frequently use the word “person”. e.g., “a generator is any person…”, or “Persons who own or operate facilities…” It is therefore important to understand how USEPA defines the word person when used in its hazardous waste regulations.

“Person” is defined at 40 CFR 260.10:

Person means an individual, trust, firm, joint stock company, Federal Agency, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body.

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So, what’s it mean?

A person may be any of the following:

  • An individual – That’s you and me.
  • Any of the following business arrangements:
    • Trust
    • Firm
    • Joint stock company
    • Corporation (including a government corporation)
    • Partnership
    • Association
  • And any of the following government entities:
    • Federal Agency
    • Government corporation
    • State
    • Municipality
    • Commission
    • Political subdivision of a State.
    • Any interstate body.
And that’s it!

Unlike USDOT/PHMSA’s definition of a person, USEPA’s does not reference the specific actions of a person. Any of the above: individual, business, or government, may be a person.

If you are an individual, business, or government, you may require Hazardous Waste Personnel training depending on the amount of hazardous waste you generate. Contact me to determine your hazardous waste generator category and your corresponding training requirements.

Not sure of your hazardous waste generator category?

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