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Hazardous Waste Generators

IDEM requires specific notifications and reports from sites where hazardous waste is generated. These requirements apply to all sites, with no regard to how the waste was created. Instead, the Office of Land Quality (OLQ) focuses on the quantity generated per calendar month. Chapter 4 of the Indiana Small Business Guide elaborates on waste management regulations. It includes information on what generators need to measure and which category they would be classified as. Generators could be a conditionally exempt small quantity generator (CESQG), a small quantity generator (SQG), or a large quantity generator (LQG). Each are described more thoroughly inside the guide.

Hazardous Waste Generator Improvements Rule

The U.S. Environmental Protection Agency (U.S. EPA) administrator signed the final Hazardous Waste Generator Improvements (HWGI) rule on October 28, 2016. It was published in the Federal Register on November 28, 2016, and it became effective federally on May 30, 2017.

The HWGI rule contains over 60 changes to the hazardous waste program, and IDEM proposes to adopt the entire rule without significant revisions. The U.S. EPA’s Final Rule: HWGI page has more information, guidance, and frequently asked questions about the rule.

Since Indiana is authorized for the RCRA program, the HWGI rule will not be effective until it is adopted as a state rule in Indiana. IDEM has initiated the process to adopt the rule, but does not expect it to be in place for several months. When the adoption process has started, you can view its progress on the IDEM Legal Counsel: Title 329 Rulemaking page. Send any questions about the HWGI rule to the IDEM OLQ regulatory reporting staff or the IDEM Compliance and Technical Assistance (CTAP) staff.

RCRA Identification

Small quantity and large quantity generators must obtain a RCRA identification number. These generators must keep records for at least three years after the waste is shipped off-site for treatment, storage, or disposal.


40 CFR 262 and 329 IAC 3.1 lists requirements for hazardous waste generators.

SQGs that store their hazardous waste on-site for more than 180 days (or 270 days if the waste is shipped more than 200 miles) are considered to be storage facilities, which requires a permit from IDEM.

LQGs that store hazardous waste on-site for more than 90 days are considered to be storage facilities, and must have a permit from IDEM.

Additional Resources for Hazardous Waste Generators

Anyone seeking to exclude a waste from a particular generating facility from being regulated as a listed waste may petition for a regulatory amendment in the U.S. Code of Federal Regulations under 40 CFR 260.22. However, such exemptions are conditional, usually requiring some specific monitoring, handling, or other remedy or conditional behavior on the part of the generator.

The “Derived from” Rule

Any waste which is derived from a listed hazardous waste, is itself considered hazardous, even if the original listed waste is undetectable after treatment. However, there is a “de-listing” procedure whereby a generator can petition, on a case-by-case basis, to have “derived from” wastes which have been effectively treated to be exempted from RCRA disposal requirements.

The Mixture Rule

Similarly, listed hazardous waste that is mixed with non-hazardous wastes to dilute, or reduce, the overall level of concentration, is still considered to be a listed hazardous waste, even if the mixture’s concentration is below hazardous levels. Diluting hazardous waste can compound disposal problems.

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