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

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

You blew the doors off the competition!

Stephen Bieschke

Facilities 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 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

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

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

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

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

Rebecca Saxena

Corporate Product Stewardship Specialist

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 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

Download Our Latest Whitepaper

Use this guide as a quick reference to the most common HAZWOPER questions, and get course recommendations for managers and personnel who are in need of OSHA-required HAZWOPER training.

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.