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Air Emissions (RCRA)
Batteries
Best Demonstrated Available Technology (BDAT)
Bevill Amendment
Boilers
Burning
Buy Recycled
Characteristic Wastes
Chemicals (RCRA)
Cleanup
Cleanup (RCRA)
Closure (Hazardous Waste)
Combustion
Combustion of Hazardous Waste
Compliance
Composting
Conditionally Exempt Small Quantity Generators (CESQG)
Construction and Demolition Wastes
Containers
Containment Buildings
Corrective Action (RCRA)
Corrosive Wastes
Crude Oil
Definition of Solid Waste
Delisting Petitions
Disposal
Drip Pads
Educational Materials
Enforcement (RCRA)
EPA Forms
Exclusions (RCRA)
Exports
F-wastes
Financial Assurance (hazardous waste)
Financial Assurance (nonhazardous waste)
Gas
Generators
Grants (hazardous Waste)
Grants (municipal solid waste)
Groundwater Monitoring
Hazardous Waste
Hazardous waste data
Hazardous Waste Identification
Hazardous Waste Recycling
Household Hazardous Waste
Identification of Hazardous Waste
Imports
Incineration
Industrial Furnaces
Industrial Wastes
Jobs Through Recycling Program
K-wastes
Land Disposal Restrictions
Land Disposal Units
Land Treatment Units
Landfills
Large Quantity Generators (LQG)
Legislation (hazardous waste)
Liability (Hazardous Waste)
	11/19/2003	TRAINING AND MANIFEST SIGNATURE REQUIREMENTS FOR GENERATORS	Memo
	Description: Training requirements depend on generator status. Conditionally exempt small quantity generators do not have training requirements. Generators who ship hazardous waste are subject to both RCRA and DOT regulations and need to comply with both EPA and DOT training requirements. The generator certification language on the manifest is essentially the same as the DOT shipper certification. Generators or representatives signing the certification on their behalf certify that materials being shipped are properly classified, described, packaged, marked and labeled, and in proper condition for transport. DOT regulations assume and EPA interprets its regulations to mean that the person signing the certification has personal knowledge of the facts regarding a waste and its proper preparation for transport. Appropriate knowledge at a minimum would require the successful completion of DOT training requirements. The shipper certification language does not extend to the waste minimization statement on manifest. The company represented by the signor and the individual signor may be liable for regulatory compliance.
	06/20/2001	DISPOSAL OF OIL SLUDGE FROM OLD OIL TANKS	Memo
	Description: The regulatory status of oil and oil sludge wastes removed from old tanks will depend upon whether the oil is used or unused, the source of the oil, and whether the oil sludge meets the definition of a hazardous waste. If the oil is unused, then the generator must make a hazardous waste determination based on testing or knowledge of the waste. Nonhazardous liquid oil may be mixed with an absorbant and disposed of in a municipal landfill. If the oil waste is hazardous, the waste must be managed in accordance with state and federal regulations. There are special federal exclusions for generators of less than 100 kg/month which may not be allowed by certain state regulations. Generators of hazardous waste are primarily liable for waste mismanagement, although any person may be held liable for violating RCRA regulations.
	07/25/1997	INCORPORATION OF PRETOX 2000 INTO LEADED PAINT STRIPPER	Memo
	Description: Leaded paint scrapings and blasted paint typically fail the toxicity characteristic for lead. Use of additives in paint strippers or blasting grit to mask the leaching of hazardous constituents is not illegal under current regulations, but any masking may only be temporary. Use of such materials does not relieve the generator of CERCLA liability.
	03/12/1997	RCRA APPLICABILITY TO PAINT REMOVAL WASTES	Memo
	Description: The paint removal process is not subject to regulation in some circumstances. Waste determination under Section 262.11 is made once the combination of paint and surface preparation product is removed from the surface of the structure. Each product user is responsible for waste determination. Nonhazardous waste which subsequently becomes hazardous is subject to regulation. Generators are potentially liable under CERCLA for damage caused by a release. A lead-based paint abatement contractor and building owner are both generators (cogenerators).
	02/27/1997	OBSOLETE LANGUAGE IN THE FINANCIAL TEST FOR SUBTITLE C TREATMENT STORAGE AND DISPOSAL FACILITIES	Memo
	Description: The use of financial test or corporate guarantee for financial assurance requires the owner or operator’s chief financial officer (CFO) to submit a copy of a special report from a certified public accountant (CPA). Section 264.143(f)(3)(iii)(B) requires CPA negative assurance, which is now inconsistent with current professional auditing standards. In addition to, or in lieu of negative assurance, EPA will accept American Institute of Certified Public Accountant’s agreed-upon procedures engagement. The CFO can adjust for post-retirement benefits other than pensions, and defer recognition of these benefits as liabilities (SEE ALSO: 59 FR 51527; 10/12/94).
	02/13/1997	UNIVERSAL WASTE QUESTIONS AND ANSWERS DOCUMENT	Memo
	Description: Presents a Universal Waste Questions and Answers Document. Addresses state authorization. Discusses the addition of wastes to the federal and state universal waste (UW) programs, fluorescent lamps (SEE ALSO: 64 FR 36466; 7/6/99), land disposal restrictions (LDR) recordkeeping requirements, the Mercury-Containing and Rechargeable Battery Management Act, batteries, pesticide collection programs, liability and enforcement, storage limits, mixtures of UW and hazardous waste, and manifesting.
	12/01/1996	TANGIBLE NET WORTH REQUIREMENTS FOR RCRA SUBTITLE C FINANCIAL ASSURANCE	Question & Answer
	Description: Owners or operators using the financial test must possess a minimum tangible net worth of $10 million. When six times the amount of liability coverage, as required by the financial test, is more than $10 million, six times multiple is the minimum tangible net worth for the financial test.
	03/12/1996	CO-GENERATOR POLICY AND EXCEPTIONS WHEN A GENERATOR IS DESIGNATED BY A MUTUAL AGREEMENT AMONG CO-GENERATORS	Memo
	Description: When the owner and the operator of a process unit are different, EPA looks first to the operator to fulfill generator duties, although the owner remains jointly liable. If the unit’s owner operates the unit but another party owns the chemical raw materials and removes the hazardous waste, both parties are cogenerators. EPA typically looks first to the party designated by the cogenerators to fulfill generator duties. Where the responsible party is not clearly designated, EPA looks to the operator of the process unit (SEE ALSO: 45 FR 72026; 10/30/80).
	01/01/1995	MANIFEST REQUIREMENTS FOR IMPORTED HAZARDOUS WASTE	Question & Answer
	Description: Multiple parties may be considered importers (TSDF, broker, etc.). When more than one importer exists, they may decide among themselves who will act as the importer and whose ID number will be used. All parties are liable for compliance with RCRA regulations.
	11/10/1994	CLARIFICATION OF HOW PROVISIONS IN CERCLA APPLY TO ""SERVICE STATION DEALERS"" THAT HANDLE USED OIL	Memo
	Description: Clarification of the exemption from CERCLA liability for service station dealers (SSDs) is provided. Fast lube services are eligible for the SSD exemption if they accept Do-It-Yourself (DIY) oil and receive significant income from vehicle maintenance. The SSD exemption applies to both DIY used oil and used oil from customer vehicles. The 279 used oil standards apply to all used oil that is destined for recycling. EPA presumes that used oil will be recycled unless it is being disposed of, or being transported or stored prior to disposal.
	09/29/1994	APPLICABILITY OF CERCLA TO MERCURY-CONTAINING LAMPS AND PCB-CONTAINING BALLASTS	Memo
	Description: Disposal of fluorescent lamps in a hazardous waste landfill is exempt from CERCLA reporting, but not from CERCLA liability or response provisions. The disposal of fluorescent lamps or ballasts in a Subtitle D landfill or a TSCA landfill is not exempt from CERCLA release reporting requirements.
	03/22/1994	REQUIREMENTS FOR MANIFESTING SHIPMENTS OF HAZARDOUS WASTE BY RAIL FROM CANADA	Memo
	Description: RCRA Subtitle C regulations can only apply to U.S. parties. The U.S. importer, importer's agent, and transporter may all be generators. All generators are jointly and severally liable for compliance with the generator requirements. Rail shipments of hazardous waste need not be accompanied by a manifest. A generator of waste that is transported solely by rail forwards copies of the manifest directly to the designated facility.
	03/04/1994	USING A GENERATOR IDENTIFICATION NUMBER AND/OR MANIFEST TO DETERMINE LIABILITY	Memo
	Description: The presence of an EPA ID number on the manifest is not the decisive factor in assessing liability. Cogenerators of waste are all potentially liable. While a second EPA ID number can be placed on the manifest to designate cogenerators, this is not required. There is no national policy on the issuance of EPA ID numbers for waste generated on ships.
	10/04/1993	POTENTIAL LIABILITY OF DISPOSAL FACILITIES WHEN DISPOSING OF CONTAMINATED DEBRIS	Memo
	Description: A disposal facilities remain responsible for ensuring that restricted wastes are disposed of in compliance with all applicable treatment standards. Disposal facilities can be liable for improper disposal of untreated waste. Disposal facilities should use their judgment on how to minimize their risk of liability. Strict liability applies under RCRA, so a facility can be liable for violation even if it acted in good faith, although good faith may mitigate penalties.
	08/30/1991	LEAD PAINT REMOVAL DEBRIS AND THE TCLP PROCEDURE	Memo
	Description: Adding iron or other material to lead-based paint (LBP) removal waste (or to removal abrasive) to mask the lead (D008) characteristic is not legitimate and may subject the generator to additional liability. Whether the masking agent is added to the paint removal abrasive prior to the abatement process or added to the waste following generation is immaterial (SEE ALSO: RPC# 7/3/91-02).
	03/13/1991	SMALL QUANTITY GENERATOR (SQG) REQUIREMENTS AND LIABILITIES	Memo
	Description: If a generator receives the return copy of the manifest with the required signatures (generator, transporter, TSDF) and maintains proper records, the generator should be in compliance with RCRA Subtitle C even if the waste is subsequently remanifested and sent by the TSDF to another facility for further treatment. A generator retains potential liability under CERCLA for future mismanagement.
	11/08/1990	BIAS CORRECTION APPLIED TO THE TCLP	Memo
	Description: Whenever the TCLP is used, all the requirements in the procedure must be met. All results should be corrected for bias, even if below standard. Spike matrix recovery is a bias correction tool (SEE ALSO: 57 FR 26986; November 24, 1992). Data collected before September 25, 1990 need not be corrected for bias per toxicity characteristic rule. The owner/operation may be held liable for the proper disposal of improperly characterized waste.
	09/07/1990	CONSOLIDATION OF REGULATED MEDICAL WASTE FROM INDEPENDENT PHYSICIANS	Memo
	Description: Addresses the definition of generator. Multiple medical waste generators at one site are individually liable. If such wastes are commingled, the generators could be jointly and severally liable. SQGs are eligible for certain exemptions (SUPERSEDED: see 60 FR 33912; 6/29/95).
	08/17/1989	SCRAP DENTAL AMALGAM	Memo
	Description: Dental silver amalgam is not specifically listed as a hazardous waste. The American Dental Association (ADA) research suggests amalgam does not exhibit extraction procedure (EP) toxicity (SUPERSEDED: See 261.24), but the burden of determination is ultimately the generator's. ADA data could be the basis of a determination by knowledge. CERCLA 107 liability is independent of the material’s regulatory status under RCRA.
	03/02/1989	FINANCIAL ASSURANCE FOR CORRECTIVE ACTION BEYOND FACILITY BOUNDARIES	Memo
	Description: Discusses the circumstances under which the financial assurance liability instruments (insurance policy, letter of credit, surety bond, corporate guarantee, trust fund, and financial test) can be used to satisfy financial responsibility for corrective action beyond facility boundaries (off site). EPA does not believe the requirement for financial assurance for corrective action beyond the facility boundary duplicates other financial assurance requirements.
	12/01/1988	FINANCIAL ASSURANCE	Question & Answer
	Description: The nonsudden liability coverage / financial assurance requirements are on an owner / operator specific basis, not on a facility specific basis. An owner of three TSDFs is required to demonstrate coverage for only $3 million per occurrence (not $9 million) (SEE ALSO: RPC# 10/1/88-02).
	10/27/1988	TREATMENT RESIDUALS OF CHARACTERISTIC HAZARDOUS WASTE AS A LISTED HAZARDOUS WASTE	Memo
	Description: A sludge is F006 once it precipitates from an electroplating wastewater, whether at generator site or at off-site TSDF. Discussion of the derived-from rule for characteristic waste and waste listed solely for characteristic (SUPERSEDED: See RPC# 7/5/89-01; SEE ALSO: 66 FR 27266; 5/16/01). A generator is not required to identify the source of nonhazardous wastewater, but the TSDF responsible for assigning F006 to sludges. For improper waste characterization, correct the error on the manifest or reject the shipment. The generator and TSDF are potentially liable.
	10/01/1988	FINANCIAL ASSURANCE	Question & Answer
	Description: The nonsudden liability coverage/financial assurance requirements are on an owner/operator specific basis, not a facility specific basis. An owner of three TSDFs is required to demonstrate coverage for only $3 million per occurrence (not $9 million).
	11/23/1987	EXCLUSIONS FOR PRE-EXISTING CONDITIONS IN RCRA TSDF INSURANCE POLICIES, GUIDANCE ON	Memo
	Description: Provides examples of acceptable language for pre-existing conditions in TSDF liability insurance and a summary of steps for EPA or authorized states to follow when reviewing pre-existing conditions.
	11/23/1987	RISK RETENTION GROUPS AND FINANCIAL ASSURANCE REQUIREMENTS	Memo
	Description: A risk retention group that meets the requirements of the Risk Retention Act of 1986 and which is licensed to transact the business of insurance in at least one state qualifies to issue liability insurance policies.
	11/10/1987	FACILITIES UNABLE TO MEET LIABILITY COVERAGE REQUIREMENTS	Memo
	Description: Only a few hazardous waste facilities have been prevented from obtaining a permit because of noncompliance with the liability coverage.
	11/10/1987	THIRD-PARTY LIABILITY COVERAGE REQUIREMENTS	Memo
	Description: Information obtained from a questionnaire will allow EPA to identify problems with obtaining third-party liability coverage, especially through the insurance mechanism. Facilities must demonstrate liability coverage for third-party bodily injury and property damage by sudden and non-sudden accidents.
	06/15/1987	EXPORTERS OF HAZARDOUS WASTE TO MEXICO, RESPONSIBILITIES OF	Memo
	Description: The export of hazardous waste is prohibited unless the 262 Subpart E requirements are met. The U.S. and Mexico have bilateral agreements. The legal liability for hazardous waste does not end when the waste exits the U.S. Exported wastes must be manifested and handled in accordance with the receiving country’s terms of consent.
	06/01/1987	LIABILITY REQUIREMENTS OFSUBSIDIARIES	Question & Answer
	Description: A parent company that uses a corporate guarantee to demonstrate financial assurance for multiple subsidiaries must base the financial test’s required multiples on the true aggregate of liability guaranteed.
	04/01/1987	LIABILITY COVERAGE REQUIREMENTS WITH RESPECT TO LOSS OF INTERIM STATUS	Memo
	Description: A submittal of a Hazardous Waste Facility Liability Endorsement or a Certificate of Liability Insurance is sufficient to indicate compliance with RCRA liability coverage, since insurance companies can rely on the standard language rather than having to assure that the language of individual policies meets the regulatory requirements.
	07/24/1986	LIABILITY REGULATIONS	Memo
	Description: Liability regulations assure funds will be available for third parties compensation, increases public confidence in and reduces opposition to proposed and existing hazardous waste management facilities, and promotes improved design and operation standards. Most insurers will require risk assessment before providing coverage.
	07/03/1986	RECYCLABLE CLOTH WIPERS AND DISPOSABLE INDUSTRIAL WIPERS USED TO CLEAN UP HAZARDOUS WASTES	Memo
	Description: Disposable or reusable rags and wipers are hazardous waste (HW) if they are used to clean a characteristic HW and exhibit a characteristic or if they are used for listed HW. HW wiper disposal and laundry are regulated (SUPERSEDED: see RPC# 2/14/94-01). Handling may affect potential CERCLA liability.
	03/24/1986	LIABILITY AND RESPONSIBILITY FOR TRANSPORTATION AND DISPOSAL OF SMALL QUANTITIES OF HAZARDOUS WASTE	Memo
	Description: A summary of CERCLA liability. A summary of regulations that apply to small quantity generators, both before and after the 3/2/86 Federal Register (51 FR 10146).
	03/20/1986	CAPTIVE INSURANCE COMPANIES TO COMPLY WITH LIABILITY COVERAGE REQUIREMENTS, CREATION OF	Memo
	Description: The coverage for bodily injury or property damage to third parties is required for hazardous waste management facilities. Some industries have established captive insurance companies to comply with the liability requirements.
	03/01/1986	FINANCIAL TEST LIABILITIES	Question & Answer
	Description: Discusses the definition of total liabilities for purposes of a financial test mechanism ratio. The total should include accounts payable.
	01/28/1986	HOUSEHOLD HAZARDOUS WASTE COLLECTION PROGRAMS, CERCLA AND RCRA LIABILITY OF MUNICIPAL SPONSORS OF	Memo
	Description: Household hazardous waste (HHW) is excluded from Subtitle C regulation even if accumulated in quantities that would otherwise be regulated, or when transported, treated, disposed. Household waste mixed with other regulated waste is regulated. There is no exemption from CERCLA liability. EPA may use enforcement discretion.
	01/03/1986	CORPORATE GUARANTEE AS ALTERNATIVE MEANS TO MEET FINANCIAL REQUIREMENTS; FACILITY TRANSFER/RECONSTRUCTION DURING INTERIM STATUS	Memo
	Description: In the past EPA has discouraged the use of a parent company corporate guarantee to meet the financial responsibility liability coverage. EPA has reconsidered its position (SUPERSEDED: SEE 264.143(f)(1), 265.143(e)(1); 52 FR 44314; 11/18/87). Because the transfer of the interim status storage facility’s operations to a new site amounts to the reconstruction of a facility, the owner must obtain a permit before beginning construction under changes during interim status. An existing facility must close under 265 Subpart G.
	12/13/1985	PERMIT ISSUES REGARDING ON-SITE TREATMENT BY FLUIDIZED BED INCINERATION	Memo
	Description: A waste transferred from a generator to an incinerator located on a property leased from the generator does not have to be manifested if the waste never crosses public highway or never leaves the generator’s property. The permit for the incinerator located on a leased property at the generator site must be signed both by the owner of the property and the operator of the incinerator. The owner or operator of facility includes the owner of the land, the owner of the structures, and the operator of the facility or unit. Since both the owner of the property and the operator of a facility must sign a permit application, the two parties are jointly and severally liable for all RCRA requirements, including closure.
	10/23/1985	GENERATOR LIABILITY FOR DELISTED WASTE RELEASES	Memo
	Description: Delisted waste is not subject to Subtitle C regulation, but the generator retains any CERCLA liability. Revocation of a delisting decision will not affect the status of previously delisted and disposed waste.
	06/25/1985	GENERATOR RESPONSIBILITIES FOR IMPORTATION OF HAZARDOUS WASTE	Memo
	Description: The importer is the generator. The transporter and the U.S. facility arranging the import are importers and cogenerators. There is joint and several liability for generators and cogenerators. Imported hazardous waste (HW) must be manifested. Imported HW is subject to all applicable manifest requirements even if the importer and TSDF are the same.
	01/01/1985	FINANCIAL REQUIREMENTS FOR INACTIVE SURFACE IMPOUNDMENTS	Question & Answer
	Description: An owner of a TSDF with an inactive surface impoundment must maintain both sudden and nonsudden liability insurance until closure is certified, even if the unit is not currently used to store hazardous waste.
	11/28/1984	ENVIRONMENTAL IMPAIRMENT LIABILITY INSURANCE	Memo
	Description: Environmental impairment liability (EIL) is a type of insurance that may be used to meet the liability coverage for nonsudden accidental occurrences.
	11/01/1984	SUDDEN LIABILITY COVERAGE REQUIREMENTS	Question & Answer
	Description: Financial liability insurance is required on a per firm basis rather than a per facility basis.
	09/01/1984	RECYCLING RESIDUES	Question & Answer
	Description: The original generator is not liable for the mismanagement of residues generated by an off-site recycler. Hazardous wastes generated during a recycling operation are new wastes, and the recycler is viewed as the generator (SEE ALSO: 261.3(c)).
	08/01/1984	OWNER AND OPERATOR RESPONSIBILITIES DURING OPERATING LIFE AND CLOSURE	Question & Answer
	Description: If they are separate persons, both the owner and operator are “permittees” on a permit. The operator frequently assumes the responsibility for meeting permit conditions. Both parties are liable during the operating life and for closure/post-closure of the facility. The owner may take control and full liability later if the permit is modified.
	04/01/1984	CFO SIGNATURE FOR FINANCIAL TEST	Question & Answer
	Description: Only a Chief Financial Officer (CFO) can sign financial assurance and liability coverage demonstration letters.
	12/15/1983	COMPUTERIZED HAZARDOUS WASTE MANIFEST PREPARATION SERVICES	Memo
	Description: A generator may use the services of outside firms to aid in preparing manifests. The generator must assure that information on the manifest is correct. The generator is ultimately responsible for the preparation of the form (generator liability).
	06/17/1983	LAND OWNER SIGNATURE ON PART A	Memo
	Description: An incorrect signature on a permit application may be a criminal violation. Although it is usually unnecessary, the permitting authority should conduct a title search when it is needed. EPA is not liable for issuing a permit to the wrong party based on an incorrect Part A. EPA should assume that permit applicants are dealing in good faith. Public notice should serve to inform the public of who owns and operates the facility.
	10/07/1982	CERTIFICATIONS OF LIABILITY INSURANCE, HW FACILITY	Memo
	Description: Clarifies the intended meaning of “per occurrence.” Claims-made policies can be used to comply with the liability coverage requirements. Use of the terms “sudden accidental occurrence” and “nonsudden accidental occurrence” does not preclude the use of other terms in a policy to describe the extent of coverage.
	06/01/1982	CERTIFICATION OF SUDDEN AND NONSUDDEN LIABILITY COVERAGE BY JULY 15, 1982	Question & Answer
	Description: If an owner or operator used the financial test to satisfy both sudden and non-sudden liability coverage, they may want to add a separate letter notifying the Region of such use.
	09/17/1981	GENERATOR LIABILITY (7003)	Memo
	Description: EPA typically does not enforce against a generator for the mishandling of hazardous waste by a designated facility. Discussion of generator liability. Legal action under 7003, other environmental laws, or common law is possible. Part of the generator responsibility is to ascertain that the destination facility is permitted to handle the waste.
	05/20/1981	APPLICABILITY OF GENERATOR REGULATIONS TO ON-SITE CONTRACTORS	Memo
	Description: An on-site contractor removing hazardous waste from tanks, vehicles, and vessels qualifies as a generator. The contractor may be jointly and severally liable with other cogenerator for compliance with applicable regulations.
	12/02/1980	LIABILITY OF A SERVICING COMPANY AS A GENERATOR OF HAZARDOUS WASTE	Memo
	Description: When hazardous wastes are generated in the servicing of equipment, both the equipment owner and the person servicing the equipment are generators (i.e., cogenerators), and both are jointly and severally liable for performing the part 262 generator responsibilities.
	11/18/1980	GENERATOR DETERMINATION- CONTRACTORS AND SUBCONTRACTORS	Memo
	Description: Owner, operator, contractor, and subcontractor are generators (cogenerators) and are jointly and severally liable for complying with the generator standards. EPA prefers one party to assume the generator responsibilities.
Listing Hazardous Waste
Manifest
Medical Waste
Mercury Wastes
Military Munitions
Mining Waste
Miscellaneous Units
Mixed Waste (radioactive waste)
Municipal Solid Waste
Native Americans - Tribes
Natural Gas
Nonhazardous Waste
Oil
Oil Filters
P-wastes
PCBs
Permits and Permitting
Petitions
Petroleum Refining Wastes
Polychorinated Biphenyls (PCBs)
Post-closure (hazardous waste)
Procurement
Public Participation
Radioactive Mixed Waste
Reactive Wastes
Recycling
Reducing Waste
Siting (waste facilities)
Small Quantity Generators (SQG)
Solid Waste
Solvents
Source Reduction
Special Wastes
State Programs (RCRA)
Storage
Surface Impoundments
Tanks
Test Methods
Toxicity Characteristic
Transporters
Treatment
TSDFs
U-wastes
Underground Storage Tanks (UST)
Universal Waste
Used Oil
Variances
Waste Determinations for Combusted Non-Hazardous Secondary Materials
Waste Minimization
Waste Piles
Waste Reduction
Wood Preserving Wastes
(Not Categorized)

For more information on commonly used environmental terms please visit the Terms of the Environment EPA Home Page