Lion News November 2020

News / November 2020 / How and Why Your RCRA Generator Status Can Change
Find a Course

How and Why Your RCRA Generator Status Can Change

Posted on November 16, 2020 by Ross Kellogg, CHMM

The RCRA hazardous waste management regulations require every generator to determine their generator status on a monthly basis (40 CFR 262.13). When determining your generator status, you must count all of your hazardous waste at the “point of generation,” unless it is specifically excluded.

Because RCRA lists separate generator status thresholds for hazardous waste, acutely hazardous waste, and spill clean-up materials from acutely hazardous waste, it’s not unusual for your generator status to change from month depending on exactly what you generate.

Refresher: Generator Status Thresholds

Under RCRA, generator status is based on the amount of hazardous waste generated per month. Large Quantity Generators or LQGs are subject to the most stringent hazardous waste management requirements.
 
RCRA Generator Status  Amount Per Month
Large Quantity Generator (LQG) 1,000 kg or more; or
>1 kg acute hazardous waste
Small Quantity Generator (SQG)  >100 kg but <1,000 kg
Very Small Quantity Generator (VSQG)*  100 kg or less; and
1 kg or less acute hazardous waste
*Formerly known as Conditionally Exempt Small Quantity Generators or CESQG (More). 

What Could Change My Generator Status?

The volume of hazardous waste your site produces in a given month can vary for many reasons. You may have had an extra productive month, for example, or a change in operations may lead to increased production.

Or, a spill or accident may generate additional waste that vaults you to a higher generator status.

Regardless of the reason, the EPA requires you to do a monthly count of these waste as described under 40 CFR 262.13. It is helpful to keep a running count of your wastes as you produce them, so that you know how much you have and are not surprised by a status change at the end of the month.

What If I Go Up a Generator Status?

Let’s start by looking at the first month in which you would be required to change your status. To keep things simple, we will assume your wastes are not somehow excluded from counting (e.g. by the new episodic generation exclusion introduced in the Generator Improvements Rule–more on this later).

Example:
If in June you generated 600 kg of hazardous waste, you would be a small quantity generator (SQG) of hazardous waste. 

If in July you exceed the LQG threshold of 1,000 kg per month or the 1 kg threshold for acute hazardous waste, all of July’s waste would have to be managed under the requirements for LQGs at 40 CFR 262.17.

The requirements for LQGs include, among other things, RCRA training for personnel and a 90-day time limit on storage on site. Again, the LQG requirements would apply to all of the waste you generated in the month, not just the amount that’s “over” the threshold.

Once you have been required to change your status, it is possible that if it was not a permanent operational change you could then lower your generator status. If you reduce your waste production sufficiently you could manage the waste in the subsequent months under the reduced regulation. However, some states may require you to prove that you have in fact changed generator status. And if you would be a LQG multiple non-consecutive months, they likely will not allow you to continually change your status.

Do I Have to Formally Change my Generator Status?

According to EPA Form 8700-12, yes.
 
8700-12 is the form that you used to notify the EPA and your state environmental regulatory agency of your hazardous waste activities and through which you were given an EPA Identification Number for your site. It's also the form that you must resubmit for a change in generator status.
 
The Form’s instructions clearly state, “You must use this form to submit a subsequent notification if your site already has an EPA Identification Number and you wish to change information (e.g., generator status, new site, contact person, new owner, new mailing address, new regulated waste activity, etc.).” (Emphasis ours)
 
While this is not a regulatory requirement per se, based on these directions you would use Form 8700-12 to update your status whether you went up a status (e.g., from SQG to LGQ) or down a status (e.g., from LQG to SQG).
 
Some states use a state-specific form in place of EPA’s Form 8700-12, as well as their own deadlines for submitting or revising their form. Check with your state to determine if there are state-specific requirements.

Lion Members can find summaries of state-specific requirements in the Member Area of Lion.com.
 
Get RCRA training with an instructor in Lion's signature two-day style!
The next RCRA Hazardous Waste Management Webinar happens December 9–10. 


Relief for Episodic Events

In its Generator Improvements Rule, US EPA added a provision to provide relief for “episodic events” that would otherwise impact a facility’s generator status.
 
EPA defines “episodic event” as “an activity that does not normally occur during generator operations and results in generation of hazardous wastes that exceeds the calendar month quantity limits for the generator's usual category" (40 CFR 262.231).  

Episodic events may be planned or unplanned. Examples of planned episodic events include lab or tank cleanouts, short-term maintenance projects, and removal of excess inventory. Examples of unplanned episodic events include a spill, damaged equipment, or a product recall.
 
Read more: How to Use the New RCRA Relief for Episodic Events
 
While every state is required to adopt the Generator Improvements Rule, at least in part, not every state has yet done so. States must maintain a hazardous waste program that is at least as stringent as the Federal RCRA regulations. Because the new relief for episodic events makes the regulations less stringent, states can choose to adopt the relief or not. Check to see if your state provides some relief for episodic events.

In states that have adopted the new relief, a VSQG or SQG can experience an episodic event without resubmitting Form 8700-12. There are, however, notification requirements that go along with claiming this relief.

Once again, you will want to check your state regulations to see what reliefs are available and how best to submit the required information.

Permanent Changes to Generator Status

For permanent status changes, the Form 8700-12 would have to be revised. If your site is a VSQG subject to the RCRA rules in 40 CFR 262.14, you may have to use Form 8700-12 to obtain an EPA ID number if you do not already have one.  Without obtaining an EPA ID number, you would not be able to properly ship your wastes for treatment, among other issues.

4 Tips to Keep Your Status Steady

Since changing your generator status can mean additional training, inspections, waste hauling, and onsite management procedures, it can be helpful to be prepared. Here are four quick tips to keep your generator status steady. 
  • Look ahead at your production schedules for spikes and increased demand
  • Have spill mitigation plans that can minimize additional waste production
  • Find areas to preemptively reduce your hazardous waste production, and
  • Know your state specific rules for things like:
    • Episodic generation
    • Updating generator status
By planning ahead, you can take steps to prevent a change in generator status or at least prepare for it and determine how you will stay in compliance.

Only 2 More Live RCRA Refreshers Left in 2020!

Catch one of the final RCRA Hazardous Waste Management Refresher webinars of the year to keep your annual RCRA certification up to date. Keep up on new and changing RCRA standards for container storage, contingency planning, and hazardous waste reporting that impact your site. 

Or train at your own pace, on any device, with the RCRA Hazardous Waste Management online course or RCRA Refresher online course.  
Lion - Quotes

"The instructor does a great job at presenting material in an approachable way. I have been able to save my company about $30,000 in the last year with what I have learned from Lion!"

Curtis Ahonen

EHS&S Manager

"These are the best classes I attend each year. I always take something away and implement improvements at my sites."

Kim Racine

EH&S Manager

"Lion is easily and consistently the best option for compliance training. I've learned new information from every instructor I've had."

Rachel Mathis

EHS Specialist

"Attending Lion Technology classes should be mandatory for every facility that ships or stores hazmat. "

Genell Drake

Outbound Lead

"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

"The instructor had knowledge of regulations and understanding of real-world situations. The presentation style was engaging and fostered a positive atmosphere for information sharing."

Linda Arlen

Safety & Environmental Compliance Officer

"As always, Lion never disappoints"

Paul Resley

Environmental Coordinator

"I have over 26 years of environmental compliance experience, and it has been some time since I have attended an environmental regulations workshop. I attended this course as preparation for EHS Audits for my six plants, and it was exactly what I was looking for."

Frank Sizemore

Director of Regulatory Affairs

"I was recently offered an opportunity to take my training through another company, but I politely declined. I only attend Lion Technology workshops."

Stephanie Gilliam

Material Production/Logistics Manager

"Excellent. I learned more in two days with Lion than at a 5-day program I took with another provider."

Francisco Gallardo

HES Technician

"The instructor was excellent. They knew all of the material without having to read from a notepad or computer. "

Gary Hartzell

Warehouse Supervisor

"I attended training from another provider and learned absolutely nothing. Lion is much better. Hands down."

Nicole Eby

Environmental Specialist

"This training broke down the regulations in an easy-to-understand manner and made them less overwhelming. I now feel I have the knowledge to make more informed decisions."

Amanda Oswald

Shipping Professional

"This is the best RCRA training I've experienced! I will be visiting Lion training again."

Cynthia L. Logsdon

Principal Environmental Engineer

"I have attended other training providers, but Lion is best. Lion is king of the hazmat jungle!!!"

Henry Watkins

Hazardous Waste Technician

"I can't say enough how pleased I was with this course! Everything finally makes sense."

Kim Graham

Lab Manager

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

Andy D’Amato

International Trade Compliance Manager

"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

"I have been to other training companies, but Lion’s material is much better and easier to understand."

Mark Abell

Regional Manager

"I love that the instructor emphasized the thought process behind the regs."

Rebecca Saxena

Corporate Product Stewardship Specialist

"More thorough than a class I attended last year through another company."

Troy Yonkers

HSES Representative

"Amazing instructor; real-life examples. Lion training gets better every year!"

Frank Papandrea

Environmental Manager

"The instructor clearly enjoys his job and transmits that enthusiasm. He made a dry subject very interesting and fun."

Teresa Arellanes

EHS Manager

"I can take what I learned in this workshop and apply it to everyday work and relate it to my activities."

Shane Hersh

Materials Handler

"The instructor was probably the best I ever had! He made the class enjoyable, was humorous at times, and very knowledgeable."

Mary Sue Michon

Environmental Administrator

"The instructor was great, explaining complex topics in terms that were easily understandable and answering questions clearly and thoroughly."

Brittany Holm

Lab Supervisor

"These are the best commercial course references I have seen (10+ years). Great job!"

Ed Grzybowski

EHS & Facility Engineer

"Excellent job. Made what is very dry material interesting. Thoroughly explained all topics in easy-to-understand terms."

David Hertvik

Vice President

"You blew the doors off the competition!"

Stephen Bieschke

Facilities Manager

"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

"Best course instructor I've ever had. Funny, relatable, engaging; made it interesting and challenged us as the professionals we are."

Amanda Schwartz

Environmental Coordinator

"The instructor was very dedicated to providing a quality experience. She did her best to make sure students were really comprehending the information."

Stephanie Venn

Inventory Control Specialist

"Lion Technology workshops are amazing!! You always learn so much, and the instructors are fantastic."

Dorothy Rurak

Environmental Specialist

"If I need thorough training or updating, I always use Lion. Lion is always the best in both instruction and materials."

Bryce Parker

EHS Manager

"I appreciate the focus on what the regulations tell us to do, as well as what is subject to interpretation."

Nicole Eby

Environmental Specialist

"The exercises in the DOT hazardous materials management course are especially helpful in evaluating your understanding of course information."

Morgan Bliss

Principal Industrial Hygienist

"Excellent course. Very interactive. Explanations are great whether you get the questions wrong or right."

Gregory Thompson

Environmental, Health & Safety Regional Manager

"I used the IT support number available and my issue was resolved within a few minutes. I don't see anything that could have made it better."

Danny Province

EHS Professional

"Content was comprehensive and seemed to really “dig in” to the material. I liked the option to review FAQs and re-review the quiz questions."

Morgan Bliss

Principal Industrial Hygienist

"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

"The course is well thought out and organized in a way that leads to a clearer understanding of the total training."

David Baily

Hazmat Shipping Professional

"This is a very informative training compared to others. It covers everything I expect to learn and even a lot of new things. "

Quatama Jackson

Waste Management Professional

"The training was impressive. I am not a fan of online training but this was put together very well. I would recommend Lion to others."

Donnie James

Quality Manager

"My experience with Lion training, both online and in the classroom, is that they are far better organized and provide a better sequential explanation of the material."

Robert Roose

Manager, Dangerous Goods Transportation

"Very well structured, comprehensive, and comparable to live training seminars I've participated in previously. I will recommend the online course to other colleagues with training requirement needs."

Neil Luciano

EHS Manager

"The course was very informative and presented in a way that was easily understood and remembered. I would recommend this course."

Jeffrey Tierno

Hazmat Shipping Professional

"Lion is at the top of the industry in compliance training. Course content and structure are updated frequently to make annual re-training enjoyable. I like that Lion has experts that I can contact for 1 year after the training."

Caroline Froning

Plant Chemist

"The course was very well structured and covered the material in a clear, concise manner."

Ian Martinez

Hazmat Shipping Professional

"The online course was well thought out and organized, with good interaction between the student and the course."

Larry Ybarra

Material Release Agent

"My experience with Lion classes has always been good. Lion Technology always covers the EPA requirements I must follow."

Steven Erlandson

Environmental Coordinator

"I had a positive experience utilizing this educational program. It was very informative, convenient, and rewarding from a career perspective."

John Gratacos

Logistics Manager

"Lion does a great job summarizing and communicating complicated EH&S-related regulations."

Michele Irmen

Sr. Environmental Engineer

"Far superior in terms of detail and instructional/support materials. The depth of instructor knowledge is always beyond any other training I have participated in."

Linda Arlen

Safety & Environmental Compliance Officer

"The instructor was very knowledgeable and provided pertinent information above and beyond the questions that were asked. "

Johnny Barton

Logistics Coordinator

"I have returned to Lion's compliance training for several years and prefer to stay with a trusted source. The material and presentation are far superior than others I have taken."

Robert Roose

Manager, Dangerous Goods Transportation

"I chose Lion's online webinar because it is simple, effective, and easily accessible. "

Jeremy Bost

Environmental Health & Safety Technician

"Lion's information is very thorough and accurate. Presenter was very good."

Melissa Little

Regulatory Manager

"Lion courses always set the bar for content, reference, and practical application. Membership and access to the experts is an added bonus."

John Brown, CSP

Director of Safety & Env Affairs

"The instructor's energy, enthusiasm, and knowledge of the subject make the class a great learning experience!"

Brian Martinez

Warehouse Operator

"Excellent class, super instructor, very easy to follow. No rushing through material. Would like to take his class again."

Lawrence Patterson

EH&S Facility Maintenance & Security Manager

"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

"Energetic/enthusiastic! Made training enjoyable, understandable and fun!"

Amanda Walsh

Hazardous Waste Professional

"Lion was very responsive to my initial questions and the website was user friendly."

Michael Britt

Supply Chain Director

"Convenient; I can train when I want, where I want."

Barry Cook

Hazmat Shipping Professional

"Having the tutorial buttons for additional information was extremely beneficial."

Sharon Ziemek

EHS Manager

"We have a very busy work schedule and using Lion enables us to take the course at our own time. It makes it easy for me to schedule my employees' training."

Timothy Mertes

Hazmat Shipping Professional

"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

"Lion courses are the standard to which all other workshops should strive for!"

Brody Saleen

Registered Environmental Health Specialist

"Course instructor was better prepared and presented better than other trainers. Course manual and references were easier to use as well."

Marty Brownfield

Hazardous Waste Professional

"The instructor kept the class engaged and made learning fun. There was a lot of information to cover but time flew by. I will definitely use Lion in the future!"

Chelsea Minguela

Hazmat Shipping Professional

"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

"Lion's online training is more comprehensive, has better slides, and is a superior training experience than what I would get from other trainers."

Robert Brenner

District Environmental Manager

"I was able to present my scenario to the instructor and worked thru the regulations together. In the past, I attended another training firm's classes. Now, I have no intention of leaving Lion!"

Diana Joyner

Senior Environmental Engineer

"The workshop covered a lot of information without being too overwhelming. Lion is much better, more comprehensive than other training providers."

George Alva

Manufacturing Manager

"The instructor did an excellent job presenting a very dry subject; keeping everyone interested and making it enjoyable."

Marc Bugg

Hazardous Waste Professional

"Well designed and thorough program. Excellent summary of requirements with references. Inclusion of regulations in hard copy form, as well as full electronic with state pertinent regulations included is a great bonus!"

Oscar Fisher

EHS Manager

"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

"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

"The instructor was very engaging and helped less experienced people understand the concepts."

Steve Gall

Safety Leader

"This was the 1st instructor that has made the topic actually enjoyable and easy to follow and understand. Far better than the "other" training providers our company has attended!"

Lori Hardy

Process & Resource Administrator

"I really enjoyed this training. Even after years on both sides of the comprehension coin, I find myself still learning! The quality of the delivery exceeded much of the training I have received in the past."

Neil Ozonur

Safety Officer

"The instructor created a great learning environment."

Avinash Thummadi

CAD & Environmental Manager

"Lion's training was by far the best online RCRA training I've ever taken. It was challenging and the layout was great!"

Paul Harbison

Hazardous Waste Professional

"The instructor took a rather drab set of topics and brought them to life with realistic real-life examples."

Tom Berndt

HSE Coordinator

"Given the choice, I would do all coursework this way. In-person courses go very fast without the opportunity to pause or repeat anything."

Ellen Pelton

Chemical Laboratory Manager

"I really enjoy your workshops. Thank you for such a great program and all the help Lion has provided me over the years!"

George Chatman

Hazardous Material Pharmacy Technician

"I like the consistency of Lion workshops. The materials are well put together and instructors are top notch!"

Kevin Pylka

Permitting, Compliance & Environmental Manager

"No comparison. Lion has the best RCRA training ever!!"

Matt Sabine

Environmental Specialist

"Very good. I have always appreciated the way Lion Tech develops, presents and provides training and materials."

John Troy

Environmental Specialist

"The instructor was very very informative, helpful, understandable and pleasant. This course answered many questions I had, being new to this industry."

Frances Mona

Shipping Manager

"I will never go anywhere, but to Lion Technology."

Dawn Swofford

EHS Technician

"Lion provided an excellent introduction to environmental regulations, making the transition to a new career as an EHS specialist less daunting of a task. Drinking from a fire hose when the flow of water is lessened, is much more enjoyable!"

Stephanie Weathers

SHE Specialist

"One of the best trainings I have ever received!"

Brandon Morfin

EH&S Manager

"Best instructor ever! I was going to take my DOT training w/a different provider, but based on this presentation, I will also be doing my DOT training w/Lion!"

Donna Moot

Hazardous Waste Professional

"Lion was very extensive. There was a lot of things that were covered that were actually pertaining to what I do and work with. Great Job. I will be coming back in three years! "

Tony Petrik

Hazmat Shipping Professional

"The instructor made the class very enjoyable and catered to the needs of our group."

Sarah Baker

Planner

"The instructor was very patient and engaging - willing to answer and help explain subject matter."

Misty Filipp

Material Control Superintendent

"Much better than my previous class with another company. The Lion instructor made sense, kept me awake and made me laugh!"

Marti Severs

Enterprise Safety Manager

"Lion is my preferred trainer for hazmat and DOT."

Jim Jani

Environmental Coordinator

download our latest whitepaper

OSHA recently released details about enforcement actions concerning COVID-19 exposure in the workplace. That data showed that OSHA inspectors overwhelmingly cited employers for violations of four specific 29 CFR Standards, which this report explores.

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 Current and Privacy Policy.

What OSHA COVID-19 Enforcement Looks Like