Introduction

This Fact File gives a detailed look at hazardous waste generator categories. Regulations and requirements differ depending on the amount of waste generated in a month. It is important to know the requirements for each of the three generator categories because a generator can move up or down a category throughout the year. Presented here are requirements for Very Small Quantity Generators (VSQGs), Small Quantity Generators (SQGs), and Large Quantity Generators (LQGs).

Background

The hazardous waste generator regulatory program was first promulgated in 1980. A generator is someone who produces a hazardous waste. The Environmental Protection Agency (EPA) recognizes that generators produce various quantities of waste. Due to this reason, EPA set three categories of generators:

• Very small quantity generators,
• Small quantity generators, and
• Large quantity generators.

All three categories of hazardous waste generators are required to:

• Count the total amount of hazardous waste generated in a calendar month.
• Determine their hazardous waste generator category (i.e., VSQG, SQG, or LQG).
• Not accumulate more waste than is allowed for their generator category at any one time.
• Ship waste offsite within 180 or 90 days, depending on the generator category.
• Manage the waste according to their hazardous waste generator category.
• Know what to do if they exceed their accumulation limits.

The amount of hazardous waste produced by each generator in a month governs which regulations apply to that generator.

Very Small Quantity Generators

VSQGs generate 100 kilograms or fewer per month of hazardous waste or one kilogram or fewer per month of acutely hazardous waste. Requirements for VSQGs include:

• They must classify all the hazardous waste generated.
• They may not accrue further than 1,000 kilograms of hazardous waste at any time.
• They must confirm that hazardous waste is sent to an individual or facility who is approved to manage it.

The offsite treatment or disposal facility needs to be one of the following:

• A state or federally regulated hazardous waste treatment, storage, or disposal facility (TSDF),
• A facility permitted, licensed, or registered by a state to oversee municipal or industrial waste, or
• A facility that uses, reuses, or recycles the waste.

Small Quantity Generators

SQGs generate more than 100 kilograms, but less than 1,000 kilograms of hazardous waste per month. The main requirements for SQGs include:

• They may accumulate hazardous waste onsite for 180 days without a permit or 270 days if shipping more than 200 miles.
• The quantity of hazardous onsite waste must never be more than 6,000 kilograms.
• They must obey hazardous waste manifest requirements and pre-transport requirements.
• They must manage hazardous waste in appropriate tanks or containers.
• They must obey preparedness and prevention requirements and land disposal restriction requirements.
• There must continuously be at least one employee accessible to respond to an emergency. This employee is the emergency coordinator in charge of directing all emergency response measures. It is not mandatory that SQGs have comprehensive, written contingency plans.

Large Quantity Generators

LQGs generate 1,000 kilograms per month or more of hazardous waste or more than one kilogram per month of acutely hazardous waste. The main requirements for LQGs include:

• They may only accumulate waste onsite for 90 days. Some exceptions can apply.
• They do not have a limit on the quantity of hazardous waste accumulated onsite.
• Hazardous waste generated must be managed in appropriate tanks, containers, drip pads, or containment buildings subject to requirements.
• They need to comply with hazardous waste manifest requirements.
• They must obey the preparedness, prevention and emergency procedure requirements and the land disposal restriction requirements.
• They need to submit a biennial hazardous waste report to the state or EPA regional office.
  • Reports submitted for waste generated and shipped offsite need to include the EPA ID number and any information about the hazardous waste actions required by the form, like a description and amount of waste and the location it was sent.
  • If an LQG only exports hazardous wastes, they are not required to submit a biennial report. But they do need to submit an annual report.

Applicable laws & regulations

40 CFR 262 – Standards Applicable to Generators of Hazardous Waste

40 CFR 265 – Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

40 CFR 268 – Land Disposal Restrictions

Related definitions

“Contingency plan” means a document detailing an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could harm human health or the environment.

“Drip pad” means an engineered structure containing a curbed, free-draining base, made of non-earthen resources and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.

“Manifest” means a multipart form, EPA Form 8700-22 intended to track hazardous waste from the time it leaves the generation site until it arrives at the TSDF specified.

Key to remember

Generators should be sure to look at state hazardous generator requirements as well as federal requirements. Some states have added requirements for generator categories. For instance, some states mandate that VSQGs follow some of the SQG requirements like obtaining EPA identification numbers or complying with storage standards.

Real world example

Hazardous waste generators can face massive fines if they fail to adhere to hazardous waste regulations correctly. A large technology company that specializes in computers, software, and cell phones, with one of their facilities located in North Carolina was fined a penalty of $40,589.46 for failure to:

• Determine if their waste was hazardous;
• Offer hazardous waste to a transporter with an EPA identification number;
• Prepare a manifest; and
• Prepare and submit a single copy of a biennial report.

It is always more cost effective to adhere to the regulations properly than to face the risk of being fined.