Solid & Hazardous Waste Branch

What the VSQG must do
40 CFR §262.14(a)(5)(viii), as incorporated and amended in chapter 11-262.1, HAR
(5) A very small quantity generator that accumulates hazardous waste in amounts less than or equal to the limits in paragraphs (a)(3) and (4) of this section must either treat or dispose of its hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage, or disposal facility, either of which, if located in the U.S., is:…

(viii) A large quantity generator under the control of the same person as the very small quantity generator, provided the following conditions are met:
(A) The very small quantity generator and the large quantity generator are under the control of the same person as defined in §260.10 of this chapter [40 CFR §260.10, as incorporated and amended in chapter 11-260.1, HAR]. …
(B) The very small quantity generator marks its container(s) of hazardous waste with:
(1) The words ‘‘Hazardous Waste’’ and
(2) An indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E (labeling) or subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard  Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704).

What the receiving LQG must do
40 CFR §262.17(f), as incorporated and amended in chapter 11-262.1, HAR
Large quantity generators may accumulate on site hazardous waste received from very small quantity generators under control of the same person (as defined in § 260.10 of this chapter [40 CFR §260.10, as incorporated and amended in chapter 11-260.1, HAR]), without a storage permit or interim status and without complying with the requirements of parts 124, 264 through 268, and 270 of this chapter [chapters 11-264.1 to 11-271.1, HAR], and the notification requirements of section 342J-6.5, HRS, provided that they comply with the following conditions. ‘‘Control,’’ for the purposes of this section, means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate generator facilities on behalf of a different person shall not be deemed to ‘‘control’’ such generators.
(1) The large quantity generator notifies [the] state department of health at least thirty (30) days prior to receiving the first shipment from a very small quantity generator(s) using EPA Form 8700–12; and
(i) Identifies on the form the name(s) and site address(es) for the very small quantity generator(s) as well as the name and business telephone number for a contact person for the very small quantity generator(s); and
(ii) Submits an updated Site ID form (EPA Form 8700–12) within 30 days after a change in the name or site address for the very small quantity generator.
(2) The large quantity generator maintains records of shipments for three years from the date the hazardous waste was received from the very small quantity generator. These records must identify the name, site address, and contact information for the very small quantity generator and include a description of the hazardous waste received, including the quantity and the date the waste was received.
(3) The large quantity generator complies with the independent requirements identified in § 262.10(a)(1)(iii) [as incorporated and amened in chapter 11-262.1, HAR] and the conditions for exemption in this section for all hazardous waste received from a very small quantity generator. For purposes of the labeling and marking regulations in paragraph (a)(5) of this section, the large quantity generator must label the container or unit with the date accumulation started (i.e., the date the hazardous waste was received from the very small quantity generator). If the large quantity generator is consolidating incoming hazardous waste from a very small quantity generator with either its own hazardous waste or with hazardous waste from other very small quantity generators, the large quantity generator must label each container or unit with the earliest date any hazardous waste in the container was accumulated on site.