• There are three categories of hazardous waste generators: VSQGs, SQGs, and LQGs.

The Environmental Protection Agency’s (EPA’s) hazardous waste regulations apply differently depending upon a facility’s generator category, which is determined by how much hazardous waste the facility generates each month. The more waste a facility generates, the more regulated the facility is.

There are three categories of hazardous waste generators:

1. Very small quantity generators (VSQGs, formerly known as conditionally exempt small quantity generators);
2. Small quantity generators (SQGs); and
3. Large quantity generators (LQGs).

VSQGs generate the least amount of hazardous waste per month and LQGs generate the most. Generators must comply with a specific set of requirements for their specific generator category.

Cited under 40 CFR 261, 262.14, 262.16, and 262.17, 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.
• Notify EPA of their waste activities and obtain an EPA ID Number (SQGs and LQGs only).
• Manage the waste according to their hazardous waste generator category.
• Know what to do if they exceed their accumulation limits.

Conditions for exemption vs. independent requirements

Conditions for exemption: These are conditions generators must meet in order to manage hazardous waste at their facilities without having to obtain a permit as a treatment, storage, or disposal facility (TSDF). The legal consequence of not complying with a condition for exemption is that the generator who accumulates waste onsite can be charged with operating a non-exempt storage facility (unless it is meeting the conditions for exemption of a larger generator category). A generator operating a storage facility without any exemption is subject to, and potentially in violation of, many storage permit and operations requirements in Parts 124, 264 through 268, and 270. Example: The 90-day accumulation time limit for large quantity generators.

Independent requirements: These requirements apply to generators regardless of whether they choose to obtain an exemption from the permit requirement. An independent requirement is equivalent to a law that can be broken. EPA can pursue an enforcement action against a generator for violating an independent requirement. Example: Pre-transport waste packaging requirements are unconditional demands. Failure to meet these requirements would result in penalties or fines.