Hazardous Waste Generator Requirements

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Hazardous Waste Requirements

This page is designed to provide hazardous waste generators a general understanding of the regulatory requirements governing the management of hazardous waste (HW). The full requirements can be found in the Virginia Hazardous Waste Management Regulations (link). The sections below discuss HW determination, and management requirements for each status of HW generator. Other DEQ generator web pages are designed to provide more detail for the selected generator status as well as other regulatory requirements for specific generators.

Attention: Large Quantity Generators (LQG) and Small Quantity Generators (SQG) of Hazardous Waste

By January 22, 2025, all LQGs and SQGs of hazardous waste will be required to register to access e-Manifest through the e-Manifest module of RCRAInfo,EPA’s data platform for hazardous waste as a result of the newly promulgated RCRA Third Rule.

After January 22, 2025, Treatment/Storage/Disposal (TSD) facilities will no longer be sending paper copies of signed manifests to generators. Generators will have to access e-manifest copies on the RCRAInfo site in the e-manifest module during inspections and to track when and whether the TSD submitted a signed return copy to e-Manifest.

How to Register for e-Manifest

In order to register for e-Manifest, you must do the following:

Step 1: Register for e-Manifest in RCRAInfo

Go to the RCRAInfo Sign in page to begin the registration process
Review User Registration video for instructions on the user registration process

The RCRAInfo Industry User Registration e-learning course is available to assist you with the registration process. You will need to establish a free account within LearningZen to access this course and other courses associated with the RCRAInfo Industry Application by clicking the “Request access to this portal” link, completing the information requested, and supplying the authorization code of “rcrainfo”.

Step 2: Sign up for MyRCRAid and Obtain an EPA ID number if you do not already have one for your location

Obtaining an EPA ID number is already a requirement for LQGs and SQGs. Signing up for MyRCRAid has not been a requirement but is necessary to complete the steps.

MYRCRAid is available in Virginia, which can be used to complete and submit an EPA Form 8700-12 electronically. More information and instructions are available at myRCRAid.

Step 3: Assign a Site Manager for your site or EPA ID.
EPA encourages each site/EPA ID to register at least two Site Managers before registering for any other permission levels. A Site Manager is a special permission. In addition to having permission to view, create, and sign electronic forms for e-Manifest, Site Managers also manage and approve permissions for other users in their organization.

Site Managers also have view/create/sign access and ability to control user permissions for the two other RCRAInfo industry applications – MyRCRAid for electronically submitting the Site ID form (EPA form 8700-12) and Biennial Report for electronically submitting the Biennial Report form (EPA form 8700-13).

Step 4: Virginia or Site Manager approves registration
DEQ will administer user registration and account maintenance in the e-Manifest module for those entities in Virginia that have not opted into MyRCRAid or the BR industry application. DEQ will prioritize registration of Site Managers, as Site Managers will then manage user registration and account maintenance for others in their organization

https://www.epa.gov/e-manifest/e-manifest-user-registration

For additional assistance, please contact any of the following:

E-manifest hotline webpage
e-Manifest Helpdesk for Industry Users

8:00 am ET – 6:00 pm ET
Toll Free: (833) 501-6826
Direct Line: (970) 494-5508

Email Helpdesk for Industry Users (helpdesk@epacdx.net)
Visit the e-Manifest Program website
Browse EPA FAQs
View past EPA Webinars
Join EPA Mailing list
Contact EPA E-Manifest staff:

Scott Christian, 202-566-0392
Bryan Groce, (202) 566-0339
David Graham, (202) 566-2847

Contact Virginia DEQ: Kimberlyn Hughes (804) 912-6975

Name /Email	Position	Phone
Ashby Scott	Central Office HW Program Manager	804-350-5623
Lisa Ellis	Central Office HW Compliance Coordinator	804-912-7366
Jim O’Leary	Central Office Assistant Compliance Coordinator/ Floater Inspector	703-595-6476
Clint Shettle	Central Office Federal Facilities HW Compliance Inspector	804-814-5524
Sarah Dyer	Central Office HW Compliance Inspector/ Permit Writer	804-659-2823
Lisa Silvia	Tidewater Regional Office Waste Team Lead	757-4072905
Chapin Piper	Tidewater Regional Office HW Compliance Inspector	804-658-6518
Julie Searcy	Tidewater Regional Office HW Compliance Inspector	757-687-9592
Chris Archambeault	Northern Regional Office HW Compliance Inspector	571-866-6096
Jeremy Hicks	Piedmont Regional Office HW Compliance Inspector	804-659-2687
Justen Dick	Southwest Regional Office HW Compliance Inspector	276-608-8604
Becky Wright	Blue Ridge Regional Office Waste Team Lead	540-597-6198
Brock Malcolm	Blue Ridge Regional Office HW Compliance Inspector	804-712-8077
Kim Thompson	Blue Ridge Regional Office HW Compliance Inspector	540-759-9857
Matthew Pennington	Valley Regional Office HW Compliance Inspector	540-217-7072

Hazardous Waste Determination

Facilities that generate solid waste must determine if their solid wastes are hazardous waste.

Identify the types and quantities of solid and hazardous waste generated by your business. The VHWMR provide important information about when a waste determination must be made, what types of hazardous waste may have been generated; i.e., listed and/or characteristically hazardous, and how to determine if a hazardous waste has been generated. The regulations specify what type of testing and/or generator knowledge should be used to determine if your solid waste is hazardous waste. It is the responsibility of all business owners and other regulated entities to identify the types and quantities of hazardous waste potentially generated by their operations.

Definition of Solid Waste - It should be noted that many exclusions may apply to both solid waste and hazardous waste. These exclusions can be found in 40 CFR Part 261 and throughout the regulations.
The exclusions of 40 CFR 261.4 (a) are exclusions from the definition of Solid Waste. In order for a waste to be a hazardous waste, it must first be a solid waste. If a material is excluded from being a solid waste, it cannot be a hazardous waste. These exclusions are important to understand.
The Definition of Solid Waste (DSW) is reflected in the Hazardous Secondary Materials exclusions of 261.4(a)(23), (24), (25) and (27), and the legitimate recycling provisions of 260.43. However, the federal regulations on DSW that were promulgated in 2018 are reflected in these specific exclusions in the current version of the Code of Federal Regulations. But Virginia did not adopt the 2018 version of the DSW and does not plan to. Therefore, in Virginia, the 2015 version of the DSW rule is still in effect. The regulatory language of the rule begins on page 1771 of the rule in the Federal Register. A synopsis of the exclusions found in the 2015 rule.

Hazardous Waste Types

There are two primary types of hazardous waste, characteristic hazardous waste and listed hazardous waste.

Characteristic Hazardous Waste

Hazardous wastes that exhibit one or more of the following Hazardous Waste characteristics.

Ignitability: These wastes easily catch fire when exposed to heat. If the waste has a flash point below 140°F, it must be managed as a hazardous waste. If it is an ignitable compressed gas, it must be managed as hazardous waste. If it is an oxidizer, it must be managed as hazardous waste.

Corrosivity: These waste products can damage living tissue on contact. Corrosivity is determined by properties outlined in the VHWMR .

Reactivity: Reactive wastes are unstable, react violently or explode, and/or give off toxic gases. The description of reactivity is described here.

Toxicity : Such wastes can cause injury or death if swallowed, inhaled, or absorbed through the skin or eyes. If the material contains any organic or inorganic chemicals in excess of the Toxicity Characteristic concentrations listed here, it must be managed as a hazardous waste.

Listed Hazardous Waste

Hazardous wastes that appear on any of four specific HW lists (F-list, K-list, P-list and U-list).

Generator Status

The amount of hazardous waste generated by a facility on a monthly basis establishes the facility’s generator status. The three categories are Very Small Quantity Generator (VSQG), Small Quantity Generator (SQG), and Large Quantity Generator (LQG).

How to Determine Your Generator Status: Hazardous waste generators are regulated according to the amount of waste they generate in a calendar month. Generator status is determined by this monthly amount. The generator must determine its generator status to determine which regulations apply by identifying those hazardous wastes that count toward generator status.

Below are the three generator status classifications and the volume of hazardous waste associated with each type. Select the hyperlink to find out more information about the regulations for the corresponding generator status.

Table: Generator Categories based on Quantity of Waste Generation in a Calendar Month

Click on your Generator Status for a summary of HW Generator Requirements

HW GEN. STATUS	QUANTITY OF NON-ACUTE HW PER CALENDAR MONTH	Quantity of ACUTE HW PER CALENDAR MONTH
VSQG	<100 kg (220 lbs)	<1 kilogram (2.2 lbs) ofacute listed hazardous waste; and<100 kg (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 anyacute listed hazardous waste
SQG	> 100 kg and < 1,000 kg (>220 lbs and < 2,200 lbs)	Same as above for VSQG
LQG	≥1,000 kg (2,200 lbs)	>1 kg (2.2 lbs) ofacute listed hazardous waste; or >100 kg (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 anyacute listed hazardous waste

Notification of Hazardous Waste Activity and Change in Generator Status: SQGs and LQGs are required to notify DEQ that they generate hazardous waste. Additionally, anyone who becomes a LQG or ceases to be a LQG shall notify the DEQ in writing immediately of this change in status and document the change in the operating record. More information can be found on the Notification and SQG Re-Notification Link.

LQG Annual Fee: LQGs are assessed an annual fee by DEQ. If a facility generates at the LQG level at any time during the previous calendar year, it is required to pay the full LQG annual fee amount assessed for that year. The annual fee for LQGs is $1000. The DEQ will send billing invoices to affected facilities and generators usually by September 1 (for previous calendar year) and payment is due by October 1.

Management, Shipping and Delivering

Management: Manage hazardous waste generated in containers and/or tanks in good condition to prevent spills and releases. Accumulation tanks and/or containers are required to be marked with the words "Hazardous Waste", dated for SQG and LQG Generator categories. However, identifying the contents of the container, and identification of the risks posed by the hazardous wastes. SQGs and LQGs can also manage hazardous waste in containment buildings or on drip pads.

Shipping and Delivering: Hazardous wastes may only be transported by companies that have notified as HW transporters and have an EPA identification numbers. HW can only be shipped to facilities permitted for the treatment, storage, or disposal (TSD) of hazardous waste, or RCRA recyclers.

e-Manifest: SQGs and LQGs must accompany HW shipments with a Uniform HW Manifest. EPA established a national system for tracking these shipments electronically called e-Manifest. EPA launched e-Manifest on June 30, 2018. Learn more about Hazardous Waste Electronic Manifest System (e-Manifest) on EPA's website, or DEQ's e-Manifest page.