40 CFR § 262.209 - Where and when to make the hazardous waste determination and where to send containers of unwanted material upon removal from the laboratory.

---
identifier: "/us/cfr/t40/s262.209"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 262.209 - Where and when to make the hazardous waste determination and where to send containers of unwanted material upon removal from the laboratory."
title_number: 40
title_name: "Protection of Environment"
section_number: "262.209"
section_name: "Where and when to make the hazardous waste determination and where to send containers of unwanted material upon removal from the laboratory."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "I"
subchapter_name: "SOLID WASTES"
part_number: "262"
part_name: "STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 6906, 6912, 6922-6925, 6937, 6938 and 6939g."
regulatory_source: "45 FR 33142, May 19, 1980, unless otherwise noted."
cfr_part: "262"
---


# 262.209 Where and when to make the hazardous waste determination and where to send containers of unwanted material upon removal from the laboratory.

(a) Large quantity generators and small quantity generators—an eligible academic entity must ensure that a trained professional makes a hazardous waste determination, pursuant to § 262.11, for unwanted material in any of the following areas:

(1) In the laboratory before the unwanted material is removed from the laboratory, in accordance with § 262.210;

(2) Within 4 calendar days of arriving at an on-site central accumulation area, in accordance with § 262.211; and

(3) Within 4 calendar days of arriving at an on-site interim status or permitted treatment, storage or disposal facility, in accordance with § 262.212.

(b) *Very small quantity generators.* An eligible academic entity must ensure that a trained professional makes a hazardous waste determination, pursuant to § 262.11(a) through (d), for unwanted material in the laboratory before the unwanted material is removed from the laboratory, in accordance with § 262.210.

[73 FR 72954, Dec. 1, 2008, as amended at 81 FR 85820, Nov. 28, 2016]