--- kind: "range" citation: "40 C.F.R. §§ 262.10–262.14" title: "40" from: "262.10" to: "262.14" count: 5 url: "https://uscodex.org/cfr/40/262.10..262.14" --- # §262.10. Purpose, scope, and applicability. - (a) The regulations in this part establish standards for generators of hazardous waste as defined by [40 CFR 260.10](/cfr/40/260.10.md). - (1) A person who generates a hazardous waste as defined by [40 CFR part 261](/cfr/40/part261.md) is subject to all the applicable independent requirements in the subparts and sections listed below: - (i) **Independent requirements of a very small quantity generator.** - (A) [Section 262.11(a) through (d)](/cfr/40/262.11.md?p=a..d) Hazardous waste determination and recordkeeping; and - (B) [Section 262.13](/cfr/40/262.13.md) Generator category determination. - (ii) **Independent requirements of a small quantity generator.** - (A) [Section 262.11](/cfr/40/262.11.md) Hazardous waste determination and recordkeeping; - (B) [Section 262.13](/cfr/40/262.13.md) Generator category determination; - (C) [Section 262.18](/cfr/40/262.18.md) EPA identification numbers and re-notification for small quantity generators and large quantity generators; - (D) **Part 262 subpart B—** Manifest requirements applicable to small and large quantity generators; - (E) **Part 262 subpart C—** Pre-transport requirements applicable to small and large quantity generators; - (F) [Section 262.40](/cfr/40/262.40.md) Recordkeeping; - (G) [Section 262.44](/cfr/40/262.44.md) Recordkeeping for small quantity generators; and - (H) **Part 262 subpart H—** Transboundary movements of hazardous waste for recovery or disposal. - (iii) **Independent requirements of a large quantity generator.** - (A) [Section 262.11](/cfr/40/262.11.md) Hazardous waste determination and recordkeeping; - (B) [Section 262.13](/cfr/40/262.13.md) Generator category determination; - (C) [Section 262.18](/cfr/40/262.18.md) EPA identification numbers and re-notification for small quantity generators and large quantity generators; - (D) **Part 262 subpart B—** Manifest requirements applicable to small and large quantity generators; - (E) **Part 262 subpart C—** Pre-transport requirements applicable to small and large quantity generators; - (F) **Part 262 subpart D—** Recordkeeping and reporting applicable to small and large quantity generators, except [§ 262.44](/cfr/40/262.44.md); and - (G) **Part 262 subpart H—** Transboundary movements of hazardous waste for recovery or disposal. - (2) 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](/cfr/40/part124.md), [264](/cfr/40/part264.md) through 267, and 270 of this chapter and [section 3010](/cfr/40/3010.md) of RCRA for treatment, storage, and disposal facilities, unless it is one of the following: - (i) A very small quantity generator that meets the conditions for exemption in [§ 262.14](/cfr/40/262.14.md); - (ii) A small quantity generator that meets the conditions for exemption in §§ [262.15](/cfr/40/262.15.md) and [262.16](/cfr/40/262.16.md); or - (iii) A large quantity generator that meets the conditions for exemption in §§ [262.15](/cfr/40/262.15.md) and [262.17](/cfr/40/262.17.md). - (3) 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](/cfr/40/260.10.md) of this chapter, or not otherwise authorized to receive the generator's hazardous waste. - (b) **Determining generator category.** A generator must use [§ 262.13](/cfr/40/262.13.md) to determine which provisions of this part are applicable to the generator based on the quantity of hazardous waste generated per calendar month. - (c) [Reserved] - (d) Any person who exports or imports hazardous wastes must comply with [§ 262.18](/cfr/40/262.18.md) and [subpart H](/cfr/40/subpartH.md) of this part. - (e) Any person who imports hazardous waste into the United States must comply with the standards applicable to generators established in this part. - (f) A farmer who generates waste pesticides which are hazardous waste and who complies with all of the requirements of [§ 262.70](/cfr/40/262.70.md) is not required to comply with other standards in this part or 40 CFR parts [270](/cfr/40/part270.md), [264](/cfr/40/part264.md), 265, 267, or 268 with respect to such pesticides. - (g) - (1) A generator's violation of an independent requirement is subject to penalty and injunctive relief under [section 3008](/cfr/40/3008.md) of RCRA. - (2) A generator's noncompliance with a condition for exemption in this part is not subject to penalty or injunctive relief under [section 3008](/cfr/40/3008.md) of RCRA as a violation of a [40 CFR part 262](/cfr/40/part262.md) 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](/cfr/40/part124.md), [264](/cfr/40/part264.md) through 267, and 270 of this chapter, and the notification requirements of [section 3010](/cfr/40/3010.md) of RCRA. Without an exemption, any violations of such storage requirements are subject to penalty and injunctive relief under [section 3008](/cfr/40/3008.md) of RCRA. - (h) An owner or operator who initiates a shipment of hazardous waste from a treatment, storage, or disposal facility must comply with the generator standards established in this part. - (i) Persons responding to an explosives or munitions emergency in accordance with 40 CFR [264.1(g)(8)(i)(D)](/cfr/40/264.1.md?p=g-8-i-D) or [(iv)](/cfr/40/264.1.md?p=g-8-i-iv) or [265.1(c)(11)(i)(D)](/cfr/40/265.1.md?p=c-11-i-D) or [(iv)](/cfr/40/265.1.md?p=c-11-i-iv), and [270.1(c)(3)(i)(D)](/cfr/40/270.1.md?p=c-3-i-D) or [(iii)](/cfr/40/270.1.md?p=c-3-i-iii) are not required to comply with the standards of this part. - (j) [Reserved] - (k) Generators in the Commonwealth of Massachusetts may comply with the State regulations regarding Class A recyclable materials in 310 C.M.R. 30.200, when authorized by the EPA under [40 CFR part 271](/cfr/40/part271.md), with respect to those recyclable materials and matters covered by the authorization, instead of complying with the hazardous waste accumulation conditions for exemption in [§§ 262.15 through 262.17](/cfr/40/262.15..262.17.md), the reporting requirements of [§ 262.41](/cfr/40/262.41.md), the storage facility operator requirements of 40 CFR parts [264](/cfr/40/part264.md), [265](/cfr/40/part265.md), and 267, and the permitting requirements of [40 CFR part 270](/cfr/40/part270.md). Such generators must also comply with any other applicable requirements, including any applicable authorized State regulations governing hazardous wastes not being recycled and any applicable Federal requirements which are being directly implemented by the EPA within Massachusetts pursuant to the Hazardous and Solid Waste Amendments of 1984. - (l) The laboratories owned by an eligible academic entity that chooses to be subject to the requirements of [subpart K](/cfr/40/subpartK.md) 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](/cfr/40/262.200.md)): - (1) The independent requirements of [§ 262.11](/cfr/40/262.11.md) or the regulations in [§ 262.15](/cfr/40/262.15.md) for large quantity generators and small quantity generators, except as provided in [subpart K](/cfr/40/subpartK.md), and - (2) The conditions of [§ 262.14](/cfr/40/262.14.md), for very small quantity generators, except as provided in subpart K. - (m) All reverse distributors (as defined in [§ 266.500](/cfr/40/266.500.md)) are subject to [40 CFR part 266](/cfr/40/part266.md) [subpart P](/cfr/40/subpartP.md) for the management of hazardous waste pharmaceuticals in lieu of this part. - (n) Each healthcare facility (as defined in [§ 266.500](/cfr/40/266.500.md)) must determine whether it is subject to [40 CFR part 266](/cfr/40/part266.md) [subpart P](/cfr/40/subpartP.md) for the management of hazardous waste pharmaceuticals, based on the total hazardous waste it generates per calendar month (including both hazardous waste pharmaceuticals and non-pharmaceutical hazardous waste). A healthcare facility that generates more than 100 kg (220 pounds) of hazardous waste per calendar month, or more than 1 kg (2.2 pounds) of acute hazardous waste per calendar month, or more than 100 kg (220 pounds) per calendar month of any residue or contaminated soil, water, or other debris, resulting from the clean-up of a spill, into or on any land or water, of any acute hazardous wastes listed in [§ 261.31](/cfr/40/261.31.md) or [§ 261.33(e)](/cfr/40/261.33.md?p=e), is subject to [40 CFR part 266](/cfr/40/part266.md) [subpart P](/cfr/40/subpartP.md) for the management of hazardous waste pharmaceuticals in lieu of this part. A healthcare facility that is a very small quantity generator when counting all of its hazardous waste, including both its hazardous waste pharmaceuticals and its non-pharmaceutical hazardous waste, remains subject to [§ 262.14](/cfr/40/262.14.md) and is not subject to [part 266](/cfr/40/part266.md) [subpart P](/cfr/40/subpartP.md), except for §§ [266.505](/cfr/40/266.505.md) and [266.507](/cfr/40/266.507.md) and the optional provisions of [§ 266.504](/cfr/40/266.504.md). # §262.11. Hazardous waste determination and recordkeeping. A person who generates a solid waste, as defined in [40 CFR 261.2](/cfr/40/261.2.md), 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: - (a) 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. - (b) A person must determine whether the solid waste is excluded from regulation under [40 CFR 261.4](/cfr/40/261.4.md). - (c) If the waste is not excluded under [40 CFR 261.4](/cfr/40/261.4.md), the person must then use knowledge of the waste to determine whether the waste meets any of the listing descriptions under [subpart D](/cfr/40/subpartD.md) of [40 CFR part 261](/cfr/40/part261.md). 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](/cfr/40/260.20.md) and [260.22](/cfr/40/260.22.md) to demonstrate to the Administrator that the waste from this particular site or operation is not a hazardous waste. - (d) The person then must also determine whether the waste exhibits one or more hazardous characteristics as identified in [subpart C](/cfr/40/subpartC.md) of [40 CFR part 261](/cfr/40/part261.md) by following the procedures in paragraph [(d)(1)](#d-1) or [(2)](#d-2) of this section, or a combination of both. - (1) 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](/cfr/40/subpartC.md) of [40 CFR part 261](/cfr/40/part261.md), or an equivalent test method approved by the Administrator under [40 CFR 260.21](/cfr/40/260.21.md), 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](/cfr/40/260.10.md). - (2) 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](/cfr/40/subpartC.md) of [40 CFR part 261](/cfr/40/part261.md) or according to an equivalent method approved by the Administrator under [40 CFR 260.21](/cfr/40/260.21.md) and in accordance with the following: - (i) Persons testing their waste must obtain a representative sample of the waste for the testing, as defined at [40 CFR 260.10](/cfr/40/260.10.md). - (ii) Where a test method is specified in [subpart C](/cfr/40/subpartC.md) of [40 CFR part 261](/cfr/40/part261.md), the results of the regulatory test, when properly performed, are definitive for determining the regulatory status of the waste. - (e) If the waste is determined to be hazardous, the generator must refer to parts [261](/cfr/40/part261.md), [264](/cfr/40/part264.md), 265, 266, 267, 268, and 273 of this chapter for other possible exclusions or restrictions pertaining to management of the specific waste. - (f) **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](/cfr/40/261.3.md). 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)](#c) and [(d)](#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 [paragraph (d)(1)](#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. - (g) **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](/cfr/40/part261-subpartC.md) and [D](/cfr/40/part261-subpartD.md) 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](/cfr/40/262.32.md). # §262.12. Reserved # §262.13. Generator category determination. 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](/cfr/40/260.10.md) of this chapter. - (a) **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: - (1) Counting the total amount of hazardous waste generated in the calendar month; - (2) Subtracting from the total any amounts of waste exempt from counting as described in paragraphs [(c)](#c) and [(d)](#d) of this section; and - (3) Determining the resulting generator category for the hazardous waste generated using Table 1 of this section. - (b) **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: - (1) Counting separately the total amount of acute hazardous waste and the total amount of non-acute hazardous waste generated in the calendar month; - (2) Subtracting from each total any amounts of waste exempt from counting as described in paragraphs [(c)](#c) and [(d)](#d) of this section; - (3) Determining separately the resulting generator categories for the quantities of acute and non-acute hazardous waste generated using Table 1 of this section; and - (4) Comparing the resulting generator categories from [paragraph (b)(3)](#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. - (c) 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: - (1) Is exempt from regulation under 40 CFR [261.4(c) through (f)](/cfr/40/261.4.md?p=c..f), [261.6(a)(3)](/cfr/40/261.6.md?p=a-3), [261.7(a)(1)](/cfr/40/261.7.md?p=a-1), or [261.8](/cfr/40/261.8.md); - (2) 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](/cfr/40/260.10.md); - (3) Is recycled, without prior storage or accumulation, only in an on-site process subject to regulation under [40 CFR 261.6(c)(2)](/cfr/40/261.6.md?p=c-2); - (4) Is used oil managed under the requirements of 40 CFR [261.6(a)(4)](/cfr/40/261.6.md?p=a-4) and [40](/cfr/40/40.md) CFR [part 279](/cfr/40/part279.md); - (5) Is spent lead-acid batteries managed under the requirements of [40 CFR part 266](/cfr/40/part266.md) [subpart G](/cfr/40/subpartG.md); - (6) Is universal waste managed under 40 CFR [261.9](/cfr/40/261.9.md) and [40](/cfr/40/40.md) CFR [part 273](/cfr/40/part273.md); - (7) Is a hazardous waste that is an unused commercial chemical product (listed in [40 CFR part 261](/cfr/40/part261.md) [subpart D](/cfr/40/subpartD.md) or exhibiting one or more characteristics in [40 CFR part 261](/cfr/40/part261.md) [subpart C](/cfr/40/subpartC.md)) that is generated solely as a result of a laboratory clean-out conducted at an eligible academic entity pursuant to [§ 262.213](/cfr/40/262.213.md). For purposes of this provision, the term eligible academic entity shall have the meaning as defined in [§ 262.200](/cfr/40/262.200.md); or - (8) **Is managed as part of an episodic event in compliance with the conditions of subpart L of this part.** - (9) Is a hazardous waste pharmaceutical, as defined in [§ 266.500](/cfr/40/266.500.md), that is subject to or managed in accordance with [40 CFR part 266](/cfr/40/part266.md) [subpart P](/cfr/40/subpartP.md) or is a hazardous waste pharmaceutical that is also a Drug Enforcement Administration controlled substance and is conditionally exempt under [§ 266.506](/cfr/40/266.506.md). - (d) In determining the quantity of hazardous waste generated in a calendar month, a generator need not include: - (1) Hazardous waste when it is removed from on-site accumulation, so long as the hazardous waste was previously counted once; - (2) 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 - (3) Hazardous waste spent materials that are generated, reclaimed, and subsequently reused on site, so long as such spent materials have been previously counted once. - (e) Based on the generator category as determined under this section, the generator must meet the applicable independent requirements listed in [§ 262.10](/cfr/40/262.10.md). A generator's category also determines which of the provisions of §§ [262.14](/cfr/40/262.14.md), [262.15](/cfr/40/262.15.md), [262.16](/cfr/40/262.16.md) or [262.17](/cfr/40/262.17.md) must be met to obtain an exemption from the storage facility permit, interim status, and operating requirements when accumulating hazardous waste. - (f) **Mixing hazardous wastes with solid wastes—** - (1) **Very small quantity generator wastes.** - (i) 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](/cfr/40/262.14.md) even though the resultant mixture exceeds the quantity limits identified in the definition of very small quantity generator at [§ 260.10](/cfr/40/260.10.md) of this chapter, unless the mixture exhibits one or more of the characteristics of hazardous waste identified in [part 261](/cfr/40/part261.md) [subpart C](/cfr/40/subpartC.md) of this chapter. - (ii) 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](/cfr/40/260.10.md) 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. - (iii) If a very small quantity generator's wastes are mixed with used oil, the mixture is subject to [40 CFR part 279](/cfr/40/part279.md). Any material produced from such a mixture by processing, blending, or other treatment is also regulated under [40 CFR part 279](/cfr/40/part279.md). - (2) **Small quantity generator and large quantity generator wastes.** - (i) 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)](/cfr/40/261.3.md?p=a-2-iv), [(b)(2)](/cfr/40/261.3.md?p=a-b-2) and [(3)](/cfr/40/261.3.md?p=a-b-3), and [(g)(2)(i)](/cfr/40/261.3.md?p=g-2-i); the prohibition of dilution rule at [§ 268.3(a)](/cfr/40/268.3.md?p=a); the land disposal restriction requirements of [§ 268.40](/cfr/40/268.40.md) 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](/cfr/40/262.11.md). - (ii) 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](/cfr/40/260.10.md) 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. # §262.14. Conditions for exemption for a very small quantity generator. - (a) 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](/cfr/40/part124.md), [262](/cfr/40/part262.md) (except [§§ 262.10 through 262.14](/cfr/40/262.10..262.14.md)) through 268, and 270 of this chapter, and the notification requirements of [section 3010](/cfr/40/3010.md) 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: - (1) 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](/cfr/40/260.10.md) of this chapter; - (2) The very small quantity generator complies with [§ 262.11(a) through (d)](/cfr/40/262.11.md?p=a..d); - (3) 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](/cfr/40/261.31.md) or [§ 261.33(e)](/cfr/40/261.33.md?p=e) of this subchapter, all quantities of that acute hazardous waste are subject to the following additional conditions for exemption and independent requirements: - (i) Such waste is held on site for no more than 90 days beginning on the date when the accumulated wastes exceed the amounts provided in [paragraph (a)(3)](#a-3) of this section; - (ii) The conditions for exemption in [§ 262.17(a) through (g)](/cfr/40/262.17.md?p=a..g); - (iii) Notification as a “very small quantity generator” under [§ 262.18(a) through (c)](/cfr/40/262.18.md?p=a..c); - (iv) Preparation and use of the manifest in subpart B of this part; - (v) Pre-transport requirements in subpart C of this part; - (vi) Recordkeeping and reporting requirements in subpart D of this part; and - (vii) **Requirements for transboundary movements of hazardous wastes in subpart H of this part.** - (4) 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 and independent requirements: - (i) 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 in [paragraph (a)(4)](#a-4) of this section; - (ii) The quantity of waste accumulated on site never exceeds 6,000 kilograms (13,200 lbs); - (iii) The conditions for exemption in [§ 262.16(b)(2) through (f)](/cfr/40/262.16.md?p=b-2..b-f); - (iv) Notification as a “very small quantity generator” under [§ 262.18(a) through (c)](/cfr/40/262.18.md?p=a..c); - (v) Preparation and use of the manifest in subpart B of this part; - (vi) Pre-transport requirements in subpart C of this part; - (vii) Recordkeeping and reporting requirements in subpart D of this part; and - (viii) **Requirements for transboundary movements of hazardous wastes in subpart H of this part.** - (5) A very small quantity generator that accumulates hazardous waste in amounts less than or equal to the limits in paragraphs [(a)(3)](#a-3) and [(4)](#a-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: - (i) Permitted under [part 270](/cfr/40/part270.md) of this chapter; - (ii) In interim status under parts [265](/cfr/40/part265.md) and [270](/cfr/40/part270.md) of this chapter; - (iii) Authorized to manage hazardous waste by a state with a hazardous waste management program approved under [part 271](/cfr/40/part271.md) of this chapter; - (iv) 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](/cfr/40/part258.md) of this chapter; - (v) 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](/cfr/40/257.5..257.30.md) of this chapter; - (vi) **A facility which—** - (A) (1) Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or (2) Treats its waste prior to beneficial use or reuse, or legitimate recycling or reclamation; and - (B) For ignitable spent refrigerants regulated under [40 CFR part 266](/cfr/40/part266.md) [subpart Q](/cfr/40/subpartQ.md), meets the requirements of that subpart. - (vii) For universal waste managed under [part 273](/cfr/40/part273.md) of this chapter, a universal waste handler or destination facility subject to the requirements of [part 273](/cfr/40/part273.md) of this chapter; - (viii) A large quantity generator under the control of the same person as the very small quantity generator, provided the following conditions are met: - (A) The very small quantity generator and the large quantity generator are under the control of the same person as defined in [§ 260.10](/cfr/40/260.10.md) 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](/cfr/40/260.10.md) of this chapter shall not be deemed to “control” such generators. - (B) **The very small quantity generator marks its container(s) of hazardous waste with—** (1) The words “Hazardous Waste”; and (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](/cfr/49/part172.md) [subpart E](/cfr/40/subpartE.md) (labeling) or [subpart F](/cfr/40/subpartF.md) (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at [29 CFR 1910.1200](/cfr/29/1910.1200.md); or a chemical hazard label consistent with the National Fire Protection Association code 704); - (ix) A reverse distributor (as defined in [§ 266.500](/cfr/40/266.500.md)), if the hazardous waste pharmaceutical is a potentially creditable hazardous waste pharmaceutical generated by a healthcare facility (as defined in [§ 266.500](/cfr/40/266.500.md)). - (x) A healthcare facility (as defined in [§ 266.500](/cfr/40/266.500.md)) that meets the conditions in §§ [266.502(l)](/cfr/40/266.502.md?p=l) and [266.503(b)](/cfr/40/266.503.md?p=b), as applicable, to accept non-creditable hazardous waste pharmaceuticals and potentially creditable hazardous waste pharmaceuticals from an off-site healthcare facility that is a very small quantity generator. - (xi) For airbag waste, an airbag waste collection facility or a designated facility subject to the requirements of [§ 261.4(j)](/cfr/40/261.4.md?p=j) of this chapter. - (b) 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. - (c) A very small quantity generator experiencing an episodic event may generate and accumulate hazardous waste in accordance with [subpart L](/cfr/40/subpartL.md) of this part in lieu of §§ [262.15](/cfr/40/262.15.md), [262.16](/cfr/40/262.16.md), and [262.17](/cfr/40/262.17.md).