What is the applicability of HAZWOPER to facilities that generate and store hazardous waste for 90 days or less?

Generators that store hazardous waste for less than 90 days are not required to have a permit or interim status. Therefore, these generators are exempt from compliance with paragraphs (p)(1) through (p)(7) of 29 CFR 1910.120 and 1926.65, and their hazardous waste storage area(s) are thus covered only by the emergency response requirements under 1910.120(p)(8) for general industry or 1926.65(p)(8) for construction.

However, in lieu of paragraph (p)(8), employers who have a hazardous waste storage area(s) have the option to instead meet the emergency response requirements at paragraph (q) of 1910.120 or 1926.65 for their hazardous waste storage area(s). All areas outside the hazardous waste storage area(s) fall under paragraph (q) if they have the potential for emergency releases of hazardous substances.

It should be noted that paragraph (p)(8)(i) and (q)(1) provide an exemption from the HAZWOPER emergency response requirements if the employer intends to evacuate all employees and provides an emergency action plan in accordance with 29 CFR 1910.38 for general industry or 1926.35 for construction. However, employers who are required by EPA or a state agency to have their employees engage in emergency response (such as an emergency coordinator) cannot be so exempted from the emergency response requirements of the HAZWOPER standard.