hazardous waste generator

Quick Take: Number of Regulatory Requirements by Generator Status

Quick Take: Number of Regulatory Requirements by Generator Status

If you generate a hazardous waste you are subject to the hazardous waste generator regulations of the USEPA – and your state – for its cradle-to-grave management.  Your regulatory responsibilities are relative to the amount of hazardous waste you generate;  the more hazardous waste you generate, the more responsibilities you have under the regulations.  Just what are your responsibilities?  Well, there are too many of them to list here but the data below provides an indication of the relative responsibilities of a hazardous waste generator under the regulations of the Resource Conservation and Recovery Act (RCRA).

Not sure of your hazardous waste generator status?

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The Responsibilities of a Hazardous Waste Generator Under USEPA Regulations:
  • Large Quantity Generator (LQG):  88 requirements.
  • Small Quantity Generator (SQG):  74 requirements.
  • Conditionally Exempt Small Quantity Generator (CESQG): 4 requirements.

From a presentation at the 2017 Environmental Trade Fair and Conference hosted by the Texas Commission on Environmental Quality (TCEQ).
Though the numbers may not be exact, or the regulations may be different in your state, or the regulations have changed by the time you read this.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

Daniels Training Services, Inc.

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

Did I mention “change”?  The Generator Improvements Rule went into effect on May 30, 2017 and made significant and numerous changes to the RCRA regulations applicable to a generator of hazardous waste.  Read a summary of the new rule:  Summary of the Generator Improvements Rule.  Or better yet, contact me with any questions you may have about the regulations for a generator of hazardous waste.

FAQ: Just How Many Hazardous Waste Generators are There, Anyway?

FAQ: Just How Many Hazardous Waste Generators are There, Anyway?

Well, maybe this question is “Frequently Asked” but I found this data in a presentation created by the US Environmental Protection Agency and thought it might be of interest to all of you.  Below is tabulated according to generator type of the number of hazardous waste generators, the amount of hazardous waste they generate, and the percent of total amount of hazardous waste generated it represents.

Generator StatusNumber of FacilitiesTotal Hazardous Waste Generated (tons)Percent of Total Hazardous Waste Generated
VSQGs353,400 - 591,80046,000 - 148,000<1%
SQGs49,900 - 64,30066,000 - 141,000<1%
LQGs20,80035.2 million99%
Total424,100 - 676,90035.3 - 35.4 million100%
Numbers of VSQGs and SQGs are estimates based on the Biennial Report and limited state data. LQG numbers are derived from the Biennial Report for 2013.

Not sure of your hazardous waste generator status?  Take this short survey

Determining Your Hazardous Waste Generator Status

The determination of your hazardous waste generator status is necessary in order to identify which of the RCRA regulations (Federal & State) apply to your operations and what you must do to ensure compliance.  This determination is based on the amount of non-exempt hazardous waste you generate in a calendar month.

In a future article I will address the determination of hazardous waste generator status based on the generation of acute hazardous waste and the amount of hazardous waste accumulated on-site.

Some States have their own criteria for determining hazardous waste generator status, do not recognize all three of the US EPA status, and/or have added an additional status level to the base three of the US EPA; so be sure to check with your State.  However, the three categories of hazardous waste generator status identified by the US EPA and most States are:

  • Large Quantity Generator of hazardous waste (LQG).
  • Small Quantity Generator of hazardous waste (SQG).
  • Conditionally Exempt Small Quantity Generator of hazardous waste (CESQG).  In some states this same status is referred to as:  Very Small Quantity Generator or VSQG.

Take this survey to determine your generator status, but before you do, read below to ensure you understand properly the terms used in making this determination.

“Generates”:  The determination is based solely on the amount of hazardous waste generated.  It does not include hazardous waste that was shipped off-site for disposal, accumulated onsite, or the amount moved from one accumulation area to another within the same facility.  This includes the transfer of hazardous waste from a Satellite Accumulation Area to a Central Accumulation Area (aka:  90/180 Day Accumulation Area).  Read here to learn how to avoid double-counting your hazardous waste.

“Hazardous Waste”:  You need only account for hazardous waste.  Other forms of waste that are non-hazardous (not listed or characteristic hazardous waste), exempt from regulation as a solid waste or hazardous waste, or perhaps are a “de-regulated” form of hazardous waste:  Universal Waste or Used Oil; are not counted towards the determination threshold.  This article has more information about the types of waste not counted for the hazardous waste determination.

“Calendar Month”:  The determination is based on a calendar month, not a 30 day rolling time period, or an average taken over a year, or anything else.  As a generator of hazardous waste, you must make your determination anew for each month of the year.  Changes to your generator status on a month-to-month basis are addressed by the US EPA as Episodic Generator Status.

“You”:  The determination is limited to the hazardous waste generated by you at your site.  A generator site is a fixed geographic location and may include contiguous parcels under the same ownership instead of a single property.  There are some gray areas where another person may generate a hazardous waste at your site, this is known as Co-Generator Status.  Read this earlier article for an explanation of Co-Generator Status.

Do your homework and prepare yourself prior to conducting your hazardous waste determination.  If you have already determined your status, I suggest you check it again periodically – even monthly – to ensure there has not been a change in your status.  As always, please don’t hesitate to contact me with any questions.

Notification of Regulated Waste Activity Form for Hazardous Waste Generators

The US EPA requires you to submit a Notification of Regulated Waste Activity (8700-12) Form for certain activities involving wastes subject to the regulations of the Resource Conservation and Recovery Act (RCRA).  A Notification is required if you handle a regulated waste or hazardous secondary material and may be required under the following circumstances:

  • You are a Large Quantity Generator (LQG) or Small Quantity Generator (SQG) of hazardous waste.  A Conditionally Exempt Small Quantity Generator of hazardous waste (CESQG) is not required to notify.
  • You are a Large Quantity Handler of universal waste (accumulate >5,000 Kg of universal waste).
  • You recycle hazardous waste.
  • You transport, process, or re-refine used oil; burn off-spec used oil for energy recovery; or market used oil.  The generation, storage, and off-site transportation of used oil is not subject to notification.
  • You are an eligible academic entity opting into 40 CFR 262, Subpart K.
  • You are managing a hazardous secondary material.

Upon receipt of an initial notification form, your site will be issued a unique EPA ID number by the US EPA.  This number is specific to the geographic location of your site and does not change if you sell the property or expire if you go out of business.

If you already have an EPA ID number, you must submit a subsequent notification for changes in any of the following:

The Notification of Regulated Waste Activity Form is the method the US EPA or your state environmental agency (see below) relies on to track your regulated waste activities.  It is your responsibility to ensure the information they have is up-to-date, accurate, and complete. The US EPA recently updated its Notification of Regulated Waste Activity Instructions and Form Booklet in December 2011 and it contains very helpful information.

Many states with authorized hazardous waste programs have their own procedures and requirements for submittal of the initial and subsequent notification forms.  State-specific regulations may include:

  • A state-specific notification form in lieu of the federal form.
  • Time lines for submittal of the initial and subsequent notifications.
  • If using the US EPA form, a state mailing address for submittal.
  • Fees to accompany the notification.

It is very important that you check with your state to ensure your submittal meets their requirements.  

My training services cover the hazardous waste regulations of the US EPA and the HazMat Employee regulations of the US DOT.  I provide open enrollment training events nationwide and year round (my schedule) and on-site training to meet your exact needs.  Please contact me to arrange for the exact training services you require.

Cradle to Grave Under RCRA and CERCLA

RCRA – the Resource Conservation and Recovery Act – was passed in 1976 to amend the Solid Waste Disposal Act of 1965 and to address a growing national concern over the improper management and disposal of both hazardous and non-hazardous waste.  Subtitle C of RCRA established a system to manage by regulation a hazardous waste from its moment of generation through transportation to its treatment, storage, and finally, disposal.  The name for this comprehensive management system is:  Cradle to Grave.

  • Point of Generation = “Cradle”
  • Transportation to Treatment, Storage, or Disposal = “to”
  • Treatment, Storage, and Final Disposal = “Grave”

While RCRA regulates the generation, transportation, and disposal of hazardous waste, it also has the authority to clean up hazardous waste from active facilities.  RCRA does not, however, have the authority to address the problem of hazardous waste at inactive or abandoned sites or those resulting from emergency response to spills.  Enter CERCLA.

CERCLA – the Comprehensive Environmental Response, Compensation and Liability Act of 1980 – aka:  Superfund, was created to address the problem of hazardous waste and hazardous substances at inactive or abandoned sites or those resulting from emergency response to spills.  It was amended by the Superfund Amendments and Reauthorization Act (SARA) of 1986.  Upon a site becoming subject to its regulations (ie. a Superfund Site), CERCLA imposes liability on parties responsible for, in whole or in part, the presence of hazardous substances at a site.  In other words, if you had anything to do with a hazardous substance ending up at a Superfund Site, either by transporting it their yourself or by contracting with others to do it for you, you have the potential to be identified as a Potentially Responsible Party (PRP) and be held responsible for the entire cost of cleaning up the site.  CERCLA’s authority in these matters is broad and has been upheld by the courts.

A generator of hazardous waste must know about CERCLA/SARA as well as RCRA because CERCLA has the authority to force a generator to clean-up a polluted site or scene of an emergency response spill if that generator ever sent any of its hazardous waste to that site.  But it goes further.  CERCLA regulates hazardous substances, not just hazardous waste.  The definition of a hazardous substance includes a hazardous waste, but it also includes 800 other hazardous substances listed in 40 CFR 302.4.  Many non-hazardous wastes, recycled materials, and de-regulated hazardous wastes (Universal Waste, Used Oil, etc.) contain hazardous substances, which includes:

  • Copper and Copper Compounds
  • Lead and Lead Compounds
  • Mercury and Mercury Compounds
  • Zinc and Zinc Compounds
  • And many more

So, every time you arrange for disposal of a hazardous waste by recycling, treatment, or disposal, you are opening up the potential for clean-up of a site under CERCLA or RCRA.  Every time you dispose of a non-hazardous or de-regulated hazardous waste – even scrap metal for recycling – you are opening up the potential for clean-up of a site under CERCLA if it contains a hazardous substance.  This responsibility exists even if your waste has been re-manifested by a third party prior to its disposal.  You can read more about the Superfund Program here.

What can you do?

  1. Accept that some risk is the cost of doing business.
  2. Do everything you can to eliminate the generation of waste.
  3. Ensure you are familiar with the regulations that apply to your operations and adhere to them.
  4. Perform “due diligence” of any facility to which you ship your waste for disposal, treatment, or recycling to ensure they are in compliance with the regulations and that they have measures in place to protect you from future liability such as a large cash reserve or sufficient insurance coverage.

At my training events I address all of the above while meeting the RCRA training requirements for Large and Small Quantity Generators of hazardous waste.  Contact me to discuss your training needs or review my training schedule to find a date and location near you.