• Hazardous waste TSD facilities must comply with 1910.120(p) and/or 1926.65(p).
• Small and large quantity hazardous waste generators are covered by 1910.120(p)(8) and/or 1926.65(p)(8); however, 1910.120(q) and/or 1926.65(q) may be followed in lieu of paragraph (p)(8).

Hazardous waste treatment, storage, and disposal (TSD) facilities are those facilities regulated by 40 CFR 264, 40 CFR 265, or agencies under agreement with EPA to implement the Resource Conservation and Recovery Act (RCRA) regulations. Operations involving hazardous wastes conducted at these RCRA-permitted TSD facilities must also comply with paragraph (p) of 29 CFR 1910.120 and/or 1926.65.

What about hazardous waste generators?

In addition, the HAZWOPER Standard covers small and large quantity hazardous waste generators with the following characteristics:

• They qualify for permitting exemptions under 40 CFR 264, 265, and 270, and
• They are required by EPA or a state agency to have their employees engage in emergency response for hazardous waste storage areas, or they otherwise direct their employees to do so.

Instead of falling under the balance of paragraph (p), these operations are only required to meet paragraph (p)(8) of 1910.120 and/or 1926.65. As another option, compliance with the requirements of paragraph (q) of 1910.120 and/or 1926.65 is considered to be in compliance with the requirements of paragraph (p)(8).

EPA does not require very small quantity hazardous waste generators to have their employees engage in emergency response. Therefore, unless the state agency requires emergency response from the employees, this generator type does not need to worry about paragraph (p)(8).

The Notes and Exceptions in subparagraph (a)(2)(iii) of 1910.120 and/or 1926.65 provide further information regarding hazardous waste generators.