HAZARDOUS WASTE GENERATOR CATEGORIES
Any person who produces a hazardous waste as listed or characterized in 40 CFR part 261 is considered a hazardous waste generator. There are three categories of hazardous waste generators – Very Small Quantity Generator, Small Quantity Generator, and Large Quantity Generator, and these are determined by the volumes of hazardous waste that each generator produces in a calendar month and the volume stored onsite. The generator category determines which regulations apply, and these requirements are briefly summarized below and outlined in the table provided from EPA’s website. Individual state regulations may vary slightly, but they would be more stringent. In some cases, however, state programs have not yet been updated to reflect the most recent EPA generator regulations.
Very Small Quantity Generators (VSQGs) (§262.14)
- Persons who generate 100 kgs (220 lbs) or less of non-acute hazardous waste per month or 1 kg (2.2 lbs) or less per month of acutely hazardous waste are considered VSQGs.
- VSQGs may accumulate no more than 1,000 kgs (2,200 lbs) of hazardous waste at any time.
- Facilities classified as VSQGs must ensure that hazardous waste is delivered to a person or facility who is authorized to manage it.
- New regulations allow for VSQGs to deliver their hazardous waste to a large quantity generator under the control of the same person as the VSQG.
It is important that through testing or generator knowledge VSQGs make accurate hazardous waste determinations to identify all hazardous waste generated. A complete description of the VSQG regulations can be found in 40 CFR section 262.14.
Small Quantity Generators (SQGs) (§262.16)
- Persons who generate more than 100 kgs (220 lbs), but less than 1,000 kgs (2,200 lbs) of hazardous waste per month are considered SQGs.
- SQGs may accumulate no more than 6,000 kgs (13,200 lbs) of hazardous waste at any time.
- SQGs may accumulate and store hazardous wastes onsite for up to 180 days without a permit (or 270 days if wastes will need to be transported more than 200 miles).
- The hazardous waste manifest requirements of 40 CFR part 262 subpart B are applicable to SQGs.
- SQGs must follow the pre-transport requirements in accordance with DOT regulations for packaging, labeling, marking, and placarding at 40 CFR sections 262.30 through 262.33.
Facilities in this generator category are required to manage their hazardous waste containers, tanks, drip pads, and containment properly. This includes marking or labeling them correctly, indicating accumulation dates, and keeping them closed for spill prevention and preventing fugitive emissions. Basic training is required to ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies.
Large Quantity Generators (LQGs) (§262.17)
- Persons who generate 1,000 kgs (2,200 lbs) per month or more of hazardous waste or more than 1 kg (2.2 lbs) per month of acutely hazardous waste are considered LQGs.
- Facilities in this generator category must manage their hazardous waste in tanks containers, drip pads or containment buildings subject to the requirements found at 40 CFR sections 262.17(a)(1)-(4) and, specifically for drip pads, 40 CFR part 265 subpart W, and containment buildings, 40 CFR part 265 subpart DD.
- Requirements for marking and labeling containers, indicating accumulation dates, and keeping containers closed are the same for LQGs as with SQGs.
- LQGs do not have a limit on the amount of hazardous waste accumulated on-site.
- LQGs may accumulate and store hazardous wastes on site for up to 90 days without a permit.
- The hazardous waste manifest requirements of 40 CFR part 262 subpart B are applicable to LQGs.
- LQGs must follow the pre-transport requirements in accordance with DOT regulations for packaging, labeling, marking, and placarding at 40 CFR sections 262.30 through 262.33.
These facilities must also comply with the preparedness, prevention, and emergency procedure requirements at 40 CFR part 262 subpart M (includes contingency plan and emergency procedures). Personnel training is required for facility personnel in accordance with 40 CFR part 262.17(a)(7).
Episodic Generation Events (40 CFR 262 Subpart L)
A new provision in EPA’s generator improvement rules applicable to VSQGs and SQGs allows for episodic events. These episodic events are defined as “an activity or activities, either planned or unplanned, that does not normally occur during generator operations, resulting in an increase in the generation of hazardous wastes that exceeds the calendar month quantity limits for the generator’s usual category.” [40 CFR 262.231] Under this rule, VSQGs and SQGs can maintain their generator status if they have an episodic event, as long as they follow the identification, management, and notification requirements outlined in the exemption. Planned episodic events may include regular maintenance, tank cleanouts, short-term projects generating hazardous waste, and removal of excess chemical inventory, while unplanned events would likely result from process upsets, product recalls, accidental spills, or “acts of nature.” Facilities are limited to one episodic event per calendar year, but they may petition the EPA for permission for a second event. Planned events require 30 days prior notification while unplanned events require notification within 72 hours of the event. Hazardous Waste generated from episodic events must be manifested and shipped to a designated facility within sixty (60) calendar days from the start of the episodic event.
| Requirement | Very Small Quantity Generators | Small Quantity Generators | Large Quantity Generators |
| Quantity Limits The amount of hazardous waste generated per month determineshow a generator is categorizedand what regulations must be compliedwith. |
≤100 kg/month, and ≤1 kg/month of acute hazardous waste, and ≤100 kg/month of acute spill residue or soil§260.10 |
>100 and <1,000 kg/month
§260.10 |
≥1,000 kg/month, or >1 kg/month of acute hazardous waste, or >100 kg/month of acute spill residue or soil§260.10 |
| EPA ID Number Acquire a unique EPA identification numberthatidentifiesgenerators by site. |
Not required | Required
§262.18 |
Required
§262.18 |
| On-Site Accumulation Quantity Determine amount of hazardous waste generators are allowed to “accumulate” on site without a permit. |
≤1,000 kg or ≤1 kg acute hazardous waste or ≤100 kg of acute spill residue or soil§§262.14(a)(3) and (4) |
≤6,000 kg
§262.16(b)(1) |
No limit |
| Accumulation Time Limits Determine amount of time hazardous waste is allowed to accumulate on site. |
None | ≤180 days or ≤270 days (if transporting greater than 200 miles)§§262.16(b)-(d) |
≤90 days
§262.17(a) |
| Accumulation Requirements Manage hazardous waste in compliance with certain technical standards. |
None | Basic requirements with technical standards for containers, tanks, drip pads or containment buildings
§§262.16(b)(2)-(5) |
Full compliance for management of containers, tanks, drip pads or containment buildings
§§262.17(a)(1)-(4) |
| Personnel Training Ensure appropriatepersonnel complete classroom or on-the-job training to become familiar with proper hazardous waste management and emergency procedures for the wastes handled at the facility. |
Not required | Basic training required
§262.16(b)(9)(iii) |
Required
§262.17(a)(7) |
| Contingency Plan and Emergency Procedures Develop procedures to follow during an unplanned major event. |
Not required | Basic planning required
§§262.16(b)(9) |
Full plan required
Part 262 subpart M |
| Preparedness and Prevention Develop procedures to follow in the event of an emergency. |
Not required | Required
§262.16(b)(8)-(9) |
Required
Part 262 subpart M |
| Air Emissions Controlhazardous air emissions from tanks and containers |
Not required | Not required | Required
Part 265 subparts AA, BB and CCfrom §262.17(a)(1) and (2) |
| Land Disposal Restrictions Meet standards for placing on the land and associated requirements for certifications, notifications, and waste analysis plans |
Not required | Required
Part 268from§262.16(b)(7) |
Required
Part 268from §262.17(a)(9) |
| Manifest Tracking hazardous waste shipments using themultiple-copy manifest– required by the Department of Transportation (DOT) and EPA |
Not required | Required | Required |
| Waste Minimization Certifysteps taken to reduce or eliminate the generation of hazardous waste |
None | Good faith effort required §262.27 |
Program in place required §262.27 |
| Pre-Transport Requirements Package and label hazardous waste for shipment off site to a RCRA facility for treatment, storage, or disposal |
Only if required by the DOT or the state | Required | Required |
| Biennial Report Report data from off-site shipmentsof waste during the previous calendar year |
Not required | Not required
(States may require annual reports) |
Required
(States may require annual reports) |
| Exception and Additional Reporting Report if any required copies of signed manifests are not received backProvide information on quantities and disposition of wastes upon request |
Not required | Required | Required |
| Recordkeeping Maintain records of waste testing,manifests,biennial reportsand exception reports |
Not required | Required (except biennial reports)
§262.11(f) and§262.40(a) and (d) |
Required
§262.11(f) and§262.40 |
| Facility Type Send off-site shipments to appropriate facilities for management |
Facilities noted in §§262.14(a)(5) | RCRA permitted/interim status facility | RCRA permitted/interim status facility |
| Closure Close equipment, structures, soils and units by meeting specified performance standards and disposal and decontamination requirements |
Not required | Required for tanks, drip pads and containment buildings
– Tanks only §262.16(b)(3)(vi) Unit specific Part 265, subpart W and DD for drip pads and containment buildings |
Required
– General §262.17(a)(8) – Unit specific Part 265, subpart W for drip pads |
The above table can be found online here.
Contact Hunter Hill, P.E.(hunter@stevensenvironmental.com)
or Shea Cofer, CHMM (shea@stevensenvironmental.com) for more information.