Search

Question of the Week: Determining Generator Status

Posted on 3/22/2011 by James Griffin

If your facility generates hazardous waste, it’s important to count how much you generate each month. The amount of waste you generate determines your “generator status.” And, generator status decides which rules for waste management and disposal apply to you.  The rules for counting hazardous waste are defined at 40 CFR 261.5(c)-(d).

Since 1986 (51 FR 10175, March 24, 1986), there have been three classes of hazardous waste generator.
  • Conditionally Exempt Small Quantity Generators (CESQG) ≤ 100 kg/month; ≤ 1 kg/month acutely hazardous waste [40 CFR 261.5(a)-(j)]
  • Small Quantity Generators (SQG) >100, <1,000 kg/month [40 CFR 262.34(d)]
  • Large Quantity Generators (LQG) ≥1,000 kg/month; >1 kg/month acutely hazardous waste [40 CFR 262.34(a)]
One of the questions we hear frequently is: why are the rules for counting hazardous waste hidden inside the standards for CESQGs (261.5 (a)-(j))?

The answer lies in the deep history of RCRA. When the hazardous waste regulations were first codified in 1980 (51 FR 10175, March 24, 1986), the small quantity generator category did not exist. The EPA estimated that facilities which generated less than 1,000 kilograms of hazardous waste per month represented less than 10% of all hazardous waste. Since the EPA’s enforcement resources at the time were limited, the Agency simply made all facilities under the 1,000 kg threshold conditionally exempt from regulation, and required that those generators follow the waste management standards in 261.5. See 45 FR 76618, November 19, 1980.

Under such a scheme, the only generators who really needed to worry about counting their waste were facilities that knew they were near 1,000 kilograms but had not yet counted waste specifically enough to be sure which side of 1,000 they fell on, or those whose waste generation totals varied from month to month. In 1980 this group was mostly auto-shops and miscellaneous craft trades. Having only two types of generator rules meant that when the Agency started fielding questions about which wastes to count, or not count, 261.5 was the most appropriate place to put them, right along the CESQG standards.

When EPA added the category of Small Quantity Generator in 1985, they decided not to move the counting rules to a more central location, most likely because of how involved such a regulatory action would be. This does cause some confusion for people who are new to the regulations and expect to find the counting rules in a section of their own; it’s also an easily-avoidable mistake once you know where to look.

Tags: hazardous, RCRA, waste

Find a Post

Compliance Archives

Lion - Quotes

I think LION does an excellent job of any training they do. Materials provided are very useful to my day-to-day work activities.

Pamela Embody

EHS Specialist

Very witty instructor, made the long times sitting bearable. One of the few training courses I can say I actually enjoyed.

John Hutchinson

Senior EHS Engineer

I tried other environmental training providers, but they were all sub-standard compared to Lion. I will not stray from Lion again!

Sara Sills

Environmental Specialist

I like Lion's workshops the best because they really dig into the information you need to have when you leave the workshop.

Tom Bush, Jr.

EHS Manager

Lion's course was superior to others I have taken in the past. Very clear in the presentation and the examples helped to explain the content presented.

George Bersik

Hazardous Waste Professional

The instructor was energetic and made learning fun compared to dry instructors from other training providers.

Andy D’Amato

International Trade Compliance Manager

The price was reasonable, the time to complete the course was manageable, and the flexibility the online training allowed made it easy to complete.

Felicia Rutledge

Hazmat Shipping Professional

This course went above my expectations from the moment I walked in the door. The instructor led us through two days packed with useful compliance information.

Rachel Stewart

Environmental Manager

The instructor made the class enjoyable. He presented in a very knowledgeable, personable manner. Best class I've ever attended. Will take one again.

John Nekoloff

Environmental Compliance Manager

Our instructor was very dynamic and kept everyone's interest. Hazmat shipping can be a dry, complicated topic but I was engaged the entire time.

Kimberly Arnao

Senior Director of EH&S

Download Our Latest Whitepaper

Find out what makes DOT hazmat training mandatory for employees who sign the hazardous waste manifest, a “dually regulated” document for tracking shipments.

Latest Whitepaper

By submitting your phone number, you agree to receive recurring marketing and training text messages. Consent to receive text messages is not required for any purchases. Text STOP at any time to cancel. Message and data rates may apply. View our Terms & Conditions and Privacy Policy.