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

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

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

You blew the doors off the competition!

Stephen Bieschke

Facilities Manager

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

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

I will never go anywhere, but to Lion Technology.

Dawn Swofford

EHS Technician

Having the tutorial buttons for additional information was extremely beneficial.

Sharon Ziemek

EHS Manager

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

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

Brittany Holm

Lab Supervisor

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.