Frequenty Asked Questions

RCRA stands for the Resource Conservation and Recovery Act. It is federal legislation requiring that hazardous waste be tracked from "cradle (generation) to grave" (disposal).

A generator is any person or site whose act or process produces hazardous waste identified or listed in 40 CFR Part 261 or whost act first causes a hazardous waste to become subject to the hazardous waste rules.

The following links reference the state regulations, statutes, and federal regulations:

• State Regulations
• State Statute §22-18
• Federal Regulations (40CFR Parts 260-280) which are referenced by state regulations

State and federal hazardous waste regulations classify hazardous waste generators into three categories based on the amount of hazardous waste (HW) they produce (generate) each month or have in storage on-site. Conditionally Exempt Generators (CEGs), the least regulated category, generate less than 220 pound of hazardous waste in a month and have less than 2,200 pounds of hazardous waste in storage. Large Quantity Generators (LQGs), the most regulated category, generate more than 13,200 pounds of hazardous waste in a month or have more than 13,200 pounds of hazardous waste in storage. Small Quantity Generators (SQGs) fall between these two categories (see table below). There is an exception to the general rules for CEG and SQG status. When a generator generates more than 2.2 pounds of acutely hazardous wastes (P-listed), this automatically places one in the Large Quantity Generator category.

Follow the instructions outlined on the Hazardous Waste notification requirements page..

For practical purposes, most businesses use their normal high generation rate months to determine their generator status and set up their hazardous waste management programs accordingly. However, should you wish to switch your generator category as it changes, please see Episodic Generation Regulatory Requirements page.

First, a complete evaluation of all products purchased that end up as hazardous wastes should be completed. Are these products necessary? Are there non-hazardous alternatives? Second, good housekeeping practices can often reduce hazardous waste generation. If your facility is using large quantities of absorbents for spills, actions should be taken to reduce the occurrence of spills to both reduce hazardous waste generation and to achieve a safer, cleaner work environment. Third, seek assistance. Generator assistance can be obtained from DEP by contacting by calling 304-926-0499 extension 1130 or your local inspector. For a link to your local hazardous waste inspector, please refer to our Hazardous Waste Staff Contacts page.