Frequently Asked Questions

The Hazardous Waste Minimization Program offers services to companies that generate waste. These services include free Waste Minimization/Pollution Prevention Site Visits, Source Reduction Strategy development, as well as recognition programs for companies who voluntarily reduce hazardous waste. For more information on the services available to you, see Hazardous Waste Minimization.

Pennsylvania incorporates the federal regulations by reference, thus including the universal waste program, 40 CFR Part 273- standards for Universal Waste Management, as part of Pennsylvania regulation. This includes batteries, pesticides, mercury-containing equipment, lamps and aerosol cans. In addition, Pennsylvania recognizes oil-based finishes and photographic solutions as universal wastes. Processing these wastes under universal waste regulations helps to encourage collection and proper recycling, treatment or disposal of the waste. This reduces the quantity of wastes going to a landfill or incinerator and helps to prevent environmental impacts. For more information, see Universal Wastes.

Under the provisions of the universal waste program, treatment of universal waste is prohibited for small quantity handlers in 40 CFR 273.11(b), large quantity handlers in 40 CFR 273.31(b) and universal waste transporters in 40 CFR 273.51(b). Crushing spent fluorescent lamps is considered treatment and therefore would need to be operated under a RCRA permit and be subject to all RCRA Subtitle C regulations.

Spent fluorescent lamps should be recycled by taking them to a household hazardous waste collection event or by shipping to a mercury recycler. If these services are not available, spent fluorescent lamps may be put out with regular household trash. EPA recommends sealing used or broken CFLs in a plastic bag. Hazardous waste from a household is exempt from hazardous waste regulation in Pennsylvania and most other states. For more information, see Fluorescent Lamp Recycling.

Yes. On February 7, 2020, hazardous waste aerosol cans were added to “universal wastes” under 40 CFR part 273 – Standards for Universal Waste Management and 25 Pa. Code §266b per the final rule published in the Federal Register (84 FR 67202). Pennsylvania incorporates federal regulation by reference under 25 Pa. Code 260a.3(e). The applicability of hazardous waste aerosol cans managed under this rule can be found at 40 CFR 273.6 - Aerosol cans.

The management standards for small and large quantity handlers of universal waste aerosol cans were added in 40 CFR 273.13(e) and 273.33(e), respectively. Universal waste aerosol cans must be managed in a way that prevents releases to the environment. This includes accumulation in a structurally sound container, treatment of damaged cans as described in 273.13(e)(2) and 273.33(e)(2), sorting/mixing intact cans, removing actuators or puncturing/draining.

Handlers that puncture aerosol cans must follow a developed written procedure detailing how to safely puncture and drain aerosol cans. Emptied universal waste aerosol cans must be recycled and handlers must immediately transfer the contents from the emptied aerosol cans to a container or tank meeting the applicable requirements of 40 CFR 262.14, 15, 16, or 17. Hazardous waste generated from puncturing the cans is subject to all applicable RCRA regulations, and the handler is considered the generator of the hazardous waste. Generators of hazardous waste must make hazardous waste determinations. Nonhazardous waste is subject to all applicable federal, state and local solid waste regulations.

The Federal Solvent-Contaminated Wipes Final Rule became effective on January 31, 2014, and Pennsylvania incorporates this by reference at 25 Pa. Code § 260a.3(e). A wipe is defined at 40 CFR § 260.10 as a woven or non-woven shop towel, rag, pad or swab made of wood pulp, fabric, cotton, polyester blends or other material. Solvent-contaminated wipes are wipes that after use or after cleaning up a spill contain one or more F001-F005 solvent, exhibits a hazardous characteristic from a listed solvent or exhibits the hazardous characteristic of ignitability due to one or more non-listed solvents.

Solvent-contaminated wipes that are being sent for disposal, except for those containing trichloroethylene, are conditionally exempt from the classification of hazardous waste 40 CFR 261.4(b)(18). Also, solvent-contaminated wipes that are sent for cleaning and reuse are conditionally exempt from the classification of solid waste 40 CFR 261.4(a)(26).

The following conditions must be met in order to be eligible for these solid waste exclusions:

• Wipes must be contained in non-leaking, closed containers that are labeled "Excluded Solvent-Contaminated Wipes"
• Accumulated on-site no longer than 180 days
• No “free liquids” in container when sent for laundering of reusable wipes or disposal of disposable wipes
• Reusable wipes must be sent to a laundry or dry cleaner whose discharge is regulated under NPDES or pretreatment water program provisions
• Disposable wipes must be sent to a regulated solid or hazardous waste landfill, a regulated municipal waste or other combustion facility, a regulated hazardous waste combustion facility or to a regulated hazardous waste boiler or industrial furnace

For additional information regarding the rule refer to the US EPA Solvent-Contaminated Wipes Rulemaking web page.

The final rule can be found under 40 CFR Part 266 Subpart P, which Pennsylvania incorporates by reference under 25 Pa. Code § 260a.3. The rule became effective on August 21, 2019.

Under the final rule, health care facilities and reverse distributors that generate and manage hazardous waste pharmaceuticals must follow these sector-specific standards for managing hazardous waste pharmaceuticals, instead of the industry-oriented hazardous waste generator regulations. Additionally, health care facilities and reverse distributors that generate or manage FDA-approved over-the-counter nicotine replacement therapy waste (i.e., patches, gum and lozenges) are no longer subject to the P075 listing for nicotine under this final rule.

(Note: The Final Rule includes a prohibition on sewering hazardous waste pharmaceuticals that applies to all reverse distributors and all healthcare facilities, including VSQGs.)

Please refer to EPA's webpage titled "Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine", which includes an informative webinar, for further information and resources in managing hazardous waste pharmaceuticals.

Pennsylvania no longer issues temporary “PADEP” EPA ID numbers. Facilities that normally do not generate hazardous waste but are currently generating hazardous waste as a result of a one-time, non-recurring, temporary event that is not related to normal production processes, should notify as a short-term generator utilizing the EPA Site Identification Form (8700-12) (see Item 10.A.2. on the form) to obtain an EPA ID number.

Short-term generators produce hazardous waste from a particular activity for a limited time and then cease conducting that activity. Examples of short-term generators include:

1. one-time highway bridge waste generation;
2. underground storage tank removals;
3. generation of off-specification or out-of-date chemicals at a site that normally doesn’t generate hazardous waste;
4. remediation or spill clean-up at sites with no previous EPA ID number; and
5. site or production process decommissions by a new operator.

Short-term generator EPA Id numbers should remain active for no longer than 180 days. If more than 180 days is anticipated to complete the one-time event, the site is not eligible for a short-term generator EPA Id number and the generator should submit an EPA Site Identification Form (8700-12) as a hazardous waste generator (LQG, SQG or VSQG).

Once the short-term activity is complete, the EPA Site Identification Form (8700-12) should be completed and notification made that regulated activity is no longer occurring at the site so that the number can be deactivated. Otherwise, the EPA ID number will remain active for the site.

Episodic generators are not short-term generators because episodic generators (i.e., SQGs and VSQGs) regularly generate hazardous waste as a part of normal operations but elevate to a higher generator category as a result of a planned or unplanned event.

Pennsylvania's hazardous waste management regulations allow for "episodic" generation events. Episodic event means an activity, either planned or unplanned, that does not normally occur during routine operations, resulting in an increase in the generation of hazardous wastes that exceeds the calendar month quantity limits. VSQGs and SQGs may maintain their existing generator category for hazardous waste generated during an episodic event provided certain conditions are met 40 CFR 262.232.

Generators must have or obtain an EPA ID number to take advantage of the episodic generator provision via submittal of the EPA Form 8700-12 notification form. Generators are limited to claiming one episodic event per calendar year, unless a petition to manage one additional episodic event is granted by DEP under 40 CFR 262.233. A generator who has already held a planned episodic event may petition for an additional unplanned episodic event. Likewise, a generator who has already held an unplanned episodic event may petition for an additional planned episodic event.

Note: Episodic generation does not apply to “short-term generators.”

For a planned episodic event, a generator must notify the DEP thirty at least (30) calendar days prior to initiating the event using the EPA Form 8700-12. For an unplanned episodic event, the generator must notify DEP within 72 hours of the event via phone, email or fax and subsequently submit EPA Form 8700-12.

Notification of episodic generation events that are not completed correctly may be subject to enforcement action by the Department. Examples may include improper advance notice of an episodic event or a second episodic event notification within a calendar year. Please verify your dates.

Note: The Department does not provide an approval for episodic generation events.

Paper copies should be mailed to:

Pennsylvania Department of Environmental Protection
Bureau of Waste Management
Division of Hazardous Waste Management
P.O. Box 69170
Harrisburg, PA 17106-9170

A VSQG or SQG that generates more than their established category amount as part of an episodic event does not become a large quantity generator and does not need to complete a Biennial Report. The episodic generator provision allows a VSQG or an SQG to generate additional quantities of hazardous waste — temporarily exceeding its normal generator category limits — and still maintain its existing generator category, provided the generator complies with the specified conditions.

No, EPA ID numbers are site (location) specific. When a facility relocates, they should notify DEP (via EPA Form 8700-12) so the old number can be inactivated. If the facility moves to a location that has an existing identification number, the regulations require the facility to notify the DEP (via EPA Form 8700-12) so the existing number can be reactivated. If the new location does not have an EPA ID number, the facility must obtain an EPA ID number for the new location. Very small quantity generators (VSQGs) are not required to notify.

The regulations do not specifically prohibit that from happening. It is generally not advantageous for a person or facility to be responsible for the hazardous waste someone else generates at that location. In this case, the facility should differentiate the address for the leased (or sold) space from the rest of the facility, and a different ID number obtained for the leased portion of the facility.

Yes. Pennsylvania incorporates the federal guidelines for satellite accumulation found in 40 CFR 262.15. The satellite accumulation point must be at or near the point of generation and must be under control of the operator.

Yes, more than one waste may be accumulated at a satellite location. A total of 55-gallons consisting of non-acute hazardous waste and/or one quart of liquid acute or one kg (2.2 lbs.) of solid acute hazardous waste may be accumulated at a satellite location, but not 55-gallons of each waste. In no instance may more than 55-gallons be accumulated at a satellite location. For example, if three wastes are accumulated at a location, the total volume of the three wastes accumulated at the satellite location cannot exceed 55-gallons.

Yes. A Hazardous Waste Transporter license must be obtained from the DEP if hazardous waste is picked up or delivered to a site in Pennsylvania. A hazardous waste transporter license is not required if only passing through the state. An application for this transporter license can be found here.

No, surety bonds are not acceptable for a Transporter license. For information on bonding for hazardous waste transporters, see 25 Pa. Code 263a.32.

A very small quantity generator (VSQG) may transport their own waste in Pennsylvania for treatment, storage or disposal without obtaining a formal Pennsylvania hazardous waste transporter license. Pa. Code 262a.14(b) (formerly Pa. Code 261a.5(c)). VSQGs are required to meet Department of Transportation regulations for marking containers “Hazardous Waste” and properly labeling to identify the hazards. Large Quantity Generators (>2200 pounds of hazardous waste per month) and Small Quantity Generators (>220 but <2200 pounds of hazardous waste per month) must obtain their own hazardous waste transporter license or hire a licensed Pennsylvania hazardous waste transporter.

The regulations do not require a VSQG to use a manifest, though most hazardous waste transporters and/or treatment, storage or disposal facilities require a manifest before accepting hazardous waste for management. VSQGs sending episodic event hazardous waste offsite for management must comply with the hazardous waste manifest provisions of the hazardous waste regulations (See 40 CFR 262.232(a)(5)). This requirement applies whether the VSQG is self-transporting their waste or utilizing a commercial hazardous waste transporter.

The term "permit-by-rule" refers to the mechanism whereby the owners or operators of certain types of facilities, which are required to have a permit from the DEP, are deemed to have a permit without proceeding through the entire permitting process. In general, permit-by-rule facilities pose little or no threat to public health or the environment. Treatment of hazardous waste is permitted for wastes generated and treated on-site. Qualification for and retention of permit-by-rule status is contingent upon the operator's compliance with the applicable provisions of the regulations. The DEP may require the owner or operator of a permit-by-rule facility to obtain a written permit when the facility is not in compliance with the applicable provisions of the regulations or is engaged in an activity that harms or presents a threat of harm to public health or the environment.

Pennsylvania's hazardous waste regulations identify six general types of hazardous waste treatment facilities that are eligible to operate under permit-by-rule. They are:

1. "elementary neutralization units";
2. "wastewater treatment units";
3. treatment in generator accumulation units ("containers", "tanks" or " containment buildings");
4. battery manufacturing facilities reclaiming spent, lead-acid batteries;
5. treatment onsite, at the point of generation, prior to reclamation at the same site; and
6. treatment of hazardous waste to make it suitable for recovery of economically significant amounts of certain precious metals.

Provisions applicable to each of these permit-by-rule types are outlined in 25 Pa. Code § 270a.60 of Pennsylvania's hazardous waste regulations.

A notification must be submitted to the appropriate DEP Regional Office on a form provided by the Department. Click here to get a copy of the form. Compliance with the regulatory provisions applicable to the specific type of permit-by-rule is necessary to qualify and retain the permit-by-rule.

Generally, treatments that can be performed where the generator accumulation units are being managed in compliance with the applicable hazardous waste generator regulations are acceptable and may be performed under this permit-by-rule. Other types of treatment for which specific standards have otherwise been developed (i.e. thermal treatment, incineration, etc.) are not eligible to be performed in generator accumulation units. Permit-by-rule treatment must be performed within the applicable generator accumulation period (generally 90 or 180 days after the waste has been generated).