40 CFR § 262.10
Purpose, scope, and applicability of generator standards
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What does 40 CFR § 262.10 require?
40 CFR Part 262 governs businesses that generate hazardous waste under the Resource Conservation and Recovery Act (RCRA). Generator status determines what rules apply: VSQG (small), SQG (medium), LQG (large). Generator status is based on hazardous waste generated per month — calculated monthly. Once status is determined, requirements include hazardous waste determinations (40 CFR 262.13), proper storage and labeling, manifesting waste shipments (40 CFR 262.20), training (LQGs), biennial reporting (LQGs), and contingency planning. A single month exceeding the LQG threshold triggers LQG requirements for at least that month. EPA inspections frequently audit generator status determination — under-reporting status is a common violation.
Regulation text (summary)
40 CFR Part 262 establishes standards for generators of hazardous waste. Generator status is determined by monthly quantity generated: (a) Very Small Quantity Generator (VSQG) — ≤100 kg/month of hazardous waste, with limited regulatory requirements; (b) Small Quantity Generator (SQG) — between 100 kg/month and 1,000 kg/month, with intermediate requirements; (c) Large Quantity Generator (LQG) — ≥1,000 kg/month, with full requirements including biennial reporting, contingency planning, and personnel training. Acutely hazardous waste (P-listed) triggers more restrictive limits.
Read full regulation at eCFR.govWho must comply with 40 CFR § 262.10?
Any business or facility that generates hazardous waste — including manufacturers, repair shops, dry cleaners, photo labs, dental offices, laboratories, and many others. Even seemingly small operations can become SQG or LQG if they generate certain solvents, paints, or other waste. Many states have State-Administered RCRA programs with state-specific generator status thresholds.
What happens if you violate 40 CFR § 262.10?
EPA civil penalties: typically $25,000-$50,000 per day per violation under RCRA Section 3008. Federal penalties indexed for inflation periodically. Criminal penalties possible for knowing violations or false statements. State agencies operating delegated programs can also assess parallel penalties. Long-term reputational and liability exposure for businesses cited.
Penalty range
Annual citations
YoY penalty trend
How to comply (implementation checklist)
- 1Identify all waste streams in your facility.
- 2Make hazardous waste determinations per 40 CFR 262.13 (test or knowledge-based).
- 3Calculate monthly generation quantities — VSQG / SQG / LQG.
- 4Label and date all hazardous waste containers.
- 5Comply with on-site accumulation time limits (90 days for LQG, 180 days SQG / 270 days for >200 miles).
- 6Use registered transporters and treatment/storage/disposal facilities.
- 7Maintain manifests (40 CFR 262.20) for off-site shipments.
- 8For LQGs, complete biennial report (40 CFR 262.41) by March 1 of even years.
- 9Provide training to personnel handling hazardous waste (LQGs).
- 10Develop contingency plan and notify local emergency responders (LQGs).
- 11Track state-specific requirements (some exceed federal).
Common misinterpretations
- Misinterpretation: 'We're a small business — RCRA doesn't apply.' Reality: ANY business generating hazardous waste is subject to RCRA. Even VSQGs (≤100 kg/month) have basic requirements (hazardous waste determination, on-site limits, proper disposal). Generator status applies to the activity, not the business size.
- Misinterpretation: 'I'll just dispose of it as regular trash.' Reality: Hazardous waste cannot be placed in ordinary trash. Improper disposal is a serious RCRA violation with significant penalties — civil and potentially criminal.
- Misinterpretation: 'Generator status is annual.' Reality: Generator status is determined MONTHLY per 40 CFR 262.13. A single month exceeding 1,000 kg makes you an LQG for that month, with associated requirements for that month's activities.
- Misinterpretation: 'Our state doesn't enforce RCRA.' Reality: Most states administer their own RCRA programs (authorized by EPA). State requirements often exceed federal requirements. EPA retains enforcement authority where states haven't been delegated specific programs.
Real enforcement examples
Anonymized from public EPA enforcement summaries. Penalty amounts reflect assessed and final settled values where disclosed.
Manufacturing facility received $213,400 EPA penalty in 2024 for failure to determine waste generator status, exceed accumulation time limits, and inadequate labeling. Investigation triggered by a state agency inspection. Multi-year cleanup order followed.
Source: EPA enforcement case summaries, anonymized
How FileFlo handles 40 CFR § 262.10
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Frequently asked questions
What are the generator categories under RCRA?▾
Very Small Quantity Generator (VSQG): ≤100 kg/month of hazardous waste. Small Quantity Generator (SQG): 100-1,000 kg/month. Large Quantity Generator (LQG): ≥1,000 kg/month. Acutely hazardous waste (P-listed): different and more restrictive thresholds. Each category has different requirements.
How is monthly generation calculated?▾
Calendar month, calculated each month. Includes all hazardous waste generated by the site — added together, not per waste stream. A site generating 800 kg of one waste and 300 kg of another in the same month = 1,100 kg = LQG status for that month.
How do I determine if waste is hazardous?▾
40 CFR 262.13 requires generators to make this determination. Methods: (1) listed waste — appears on EPA's F, K, P, or U lists by chemical identity; (2) characteristic waste — exhibits ignitability, corrosivity, reactivity, or toxicity (TCLP test). Generator knowledge can support determinations without testing if the waste source and composition are well-documented.
How long can I store hazardous waste on site?▾
LQG: 90 days from accumulation start. SQG: 180 days, or 270 days if shipping to a facility >200 miles away. VSQG: less restrictive but limited. Exceeding accumulation limits without permit can trigger treatment-storage-disposal facility (TSDF) permit requirements.
What's a manifest?▾
Uniform Hazardous Waste Manifest (EPA Form 8700-22) — the legally required document tracking hazardous waste from generation to disposal. Required for off-site shipments. Multi-copy form (generator, transporter, designated facility, EPA). Electronic manifests now permitted via EPA's e-Manifest system.
Is my state different from EPA?▾
Most states have RCRA programs authorized by EPA — state programs must meet at least the federal minimum but can be more restrictive. State requirements may exceed federal in: lower generator thresholds, additional reporting, state-specific waste lists, more restrictive accumulation limits. Always check both federal AND state requirements.
Related regulations
Sources + reviewer
Primary source: eCFR.gov: 40 CFR § 262.10
Reviewed by Chad Griffith (Founder + CEO, FileFlo) on