Updated: RCRA Corrections Rule is Worth a Look for Generators

Hazardous Waste Rule Adds New Limit for SQGs, More

Update: February 5, 2025
EPA delayed the effective date for the 2024 Final Rule until March 21, 2025.

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Update: December 11, 2024
EPA re-published several provisions from the August 2023 Final Rule that were withdrawn last year, including the accumulation limit for acute hazardous waste at SQG facilities, with an effective date of 02/10/2025.

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Update: December 6, 2023
After receiving adverse comments from concerned stakeholders, US EPA has withdrawn eight amendments to the RCRA hazardous waste regulations that were included in a “technical corrections” rule earlier this year. Amendments withdrawn on December 6 include revisions discussed below concerning accumulation limits for Small Quantity Generators (SQGs), hazardous waste determinations and codes, and RCRA recordkeeping. 

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First Published 08/09/2023 (Revised in 12/2023, 12/2024, and 2/2025)

Hazardous waste generators can submit comments until October 10, 2023, on a sizable direct final rule making several “technical corrections” to the RCRA hazardous waste regulations. Many of the corrections affect provisions added or revised as part of three previous RCRA rulemakings: 
 

• Generator Improvements Rule 
• Hazardous Waste Pharmaceuticals Rule 
• Definition of Solid Waste Rule (2018)

The rule also includes corrections and revisions to parts of the regulations unrelated to the rulemakings listed above. The direct final rule will take effect on December 7, 2023 unless EPA receives comments opposing the rule before the October 10 submission deadline. 

The rule includes at least two changes with the potential to affect the way some hazardous waste generators manage their compliance responsibilities, discussed below. 

New: HW Accumulation Limits for Small Quantity Generators

Under RCRA, small quantity generators (SQGs) must abide by a 6,000 kg limit on total hazardous waste accumulated on site at any one time. This rule adds a second on-site accumulation limit of 1 kilogram for acute hazardous waste to the limits for SQGs. The accumulation limit provisions for small quantity generators in 40 CFR 262.16(b)(1) will now read: (1) Accumulation limit. The quantity of acute hazardous waste accumulated on site never exceeds 1 kilogram (2.2 pounds) and the quantity of non-acute hazardous waste accumulated on site never exceeds 6,000 kilograms (13,200 pounds); 

88 FR 152, page 54089. 08/09/2023 and 89 FR 238, page 99732. 12/11/2024

Until this rule, (b)(1) included the 6,000 kg total accumulation limit, with no mention of acute hazardous waste.

Why the New Limit for SQGs? 

To explain this change, EPA takes us back to 1986—the year the agency created a category for "conditionally exempt small quantity generator" or CESQG, now referred to as very small quantity generator or VSQG. Before the 1986 rule, the RCRA regulations included only two generator categories—small and large. When they added a category, EPA did not address accumulation of acute hazardous waste.

EPA continues:

RCRA Hazardous Waste Determinations and Recordkeeping 

Update: December 6, 2023—EPA has withdrawn the revised text discussed below related to RCRA hazardous waste determinations and recordkeeping, along with several other provisions from this rule.

Normally when characterizing a hazardous waste, generators identify all applicable waste codes (D-codes and F, K, U, and P codes). Generators are required to keep detailed waste ID records, including recording waste codes. If and when this rule takes effect, generators will no longer be required to include “redundant” characteristic codes (D-codes) as part of the site’s waste ID records.  

The revised text of 40 CFR 262.11(d) reads: 

(d) The person then must also determine whether the waste exhibits one or more hazardous characteristics as identified in subpart C of 40 CFR part 261 by following the procedures in paragraph (d)(1) or (2) of this section, or a combination of both. Where a waste is both listed and exhibits a characteristic, the listed waste code is sufficient, provided that the listed waste code addresses the constituents and/or properties that cause the waste to exhibit the characteristic. Otherwise, the waste codes must be identified for all applicable listings and characteristics." 

88 FR 152, page 54109. 08/09/2023 (Withdrawn 12/06/2023)

Hazardous waste generators subject to RCRA regulation as large, small, or very small quantity generators should review this direct final rule in full to ensure ongoing compliance with Federal law. Unless EPA receives adverse comments on these revisions (Update 12/6/23: EPA did receive adverse comments), the Direct Final Rule will take effect as written on December 7, 2023.