40 CFR 262.16: Conditions for exemption for a small quantity generator that accumulates hazardous waste
The official text is on the eCFR. This page maps how the section is organized, quotes the paragraphs our ASP, CSP practice questions are built on, and gives free questions you can try. Text below is quoted from the eCFR, current as of 2026-10-14; the section was last amended 2025-03-21.
How 40 CFR 262.16 is organized
- (a) Generation1 paragraph
- (b) Accumulation89 paragraphs
- (c) Transporting over 200 miles1 paragraph
- (d) Accumulation time limit extension1 paragraph
- (e) Rejected load3 paragraphs
- (f)1 paragraph
Paragraphs our practice questions cite most
Counted across the 15 live PassCited questions built on this section. This reflects our question bank, not the real exam.
“(E) The construction materials of, and the area immediately surrounding, discharge confinement structures (e.g., dikes) at least weekly to detect erosion or obvious signs of leakage (e.g., wet spots or dead vegetation). The generator must remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.”
“(B) A small quantity generator shall maintain records documenting the arrangements with the local fire department as well as any other organization necessary to respond to an emergency. This documentation must include documentation in the operating record that either confirms such arrangements actively exist or, in cases where no arrangements exist, confirms that attempts to make such arrangements were made.”
“(2) Accumulation of hazardous waste in containers—(i) Condition of containers. If a container holding hazardous waste is not in good condition, or if it begins to leak, the small quantity generator must immediately transfer the hazardous waste from this container to a container that is in good condition, or immediately manage the waste in some other way that complies with the conditions for exemption of this section.”
“(iii) Management of containers. (A) A container holding hazardous waste must always be closed during accumulation, except when it is necessary to add or remove waste.”
“(B) Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material (see appendix V of part 265 for examples), unless § 265.17(b) of this chapter is complied with.”
Free practice questions on 40 CFR 262.16
Question 1
A small quantity generator sent letters to its local fire department and the nearest hospital offering a facility tour and information on its hazardous wastes. After two follow-up calls, neither organization has agreed to any formal arrangement. During a compliance review, the EHS manager asks what the generator must have on file for these two organizations. What is required?
Show answer and source
Answer: A. Documentation in the operating record confirming that attempts to make the arrangements were made
The standard requires the operating record to show either that arrangements actively exist or, where none exist, that attempts to make them were made. The 'nothing to document' choice is wrong because the lack of an arrangement still has to be documented. A waiver is only available to a facility with 24-hour response capabilities, which this generator is not described as having.
Answer A rests on
40 CFR 262.16(b)(8)(vi)(B)(opens ecfr.gov in a new tab)“This documentation must include documentation in the operating record that either confirms such arrangements actively exist or, in cases where no arrangements exist, confirms that attempts to make such arrangements were made.”
Question 2
During the weekly inspection of a small quantity generator's hazardous waste tank, the technician finds a fixture seam actively seeping waste. The soil at the base of the dike wall is wet, and the vegetation just outside the dike is dead. The maintenance supervisor suggests logging the finding and fixing the seam during a planned shutdown three weeks away, since weekly inspections will continue until then. What does the standard require?
Show answer and source
Answer: D. Take remedial action immediately, because the seepage and dead vegetation show a hazard has already occurred or is imminent
Seeping waste, wet spots and dead vegetation outside the dike are signs of leakage, so a hazard has occurred or is imminent, and the standard requires immediate remedial action. Deferring the repair to a convenient shutdown would be allowed only for lesser deterioration, where the schedule ensures the problem does not lead to a hazard. Continued inspection does not replace the repair.
Answer D rests on
40 CFR 262.16(b)(3)(iii)(E)(opens ecfr.gov in a new tab)“The generator must remedy any deterioration or malfunction of equipment or structures which the inspection reveals on a schedule which ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action must be taken immediately.”
Where it shows up in exam prep
Find out which regulations you'd miss
This is a study aid, not legal advice or an official interpretation. Always check the current eCFR text. Original practice questions, not real exam items. PassCited is not affiliated with or endorsed by BCSP.