Hazardous Waste Generator
Written by Steve Hudgik February 2013
If your facility produces a waste that is hazardous, you are a hazardous waste generator.
Section 260.10 of the Resource Conservation and Recovery Act (RCRA) defines a hazardous waste generator as "any person, by site, whose act or process produces hazardous waste identified or listed in Part 261 or whose act first causes a hazardous waste to become subject to regulation."
This definition contains three important terms you need to understand in order to understand the EPA's hazardous waste generator regulations.
- "By Site" refers to the location where a hazardous waste is generated. The EPA tracks hazardous waste generation on a site-specific basis, not on a company basis. To do this, the EPA issues a unique identification number to identify hazardous waste generators by site. All activities occurring under the control of a site owner or operator, on a single piece of property, are evaluated collectively for the purposes of hazardous waste generation.
For example, if a company operates three laboratories on a single property, all three laboratories will share one EPA ID number, and the waste from all three laboratories will be evaluated together. If, however, the three laboratories physically at three different locations, each laboratory is viewed as a separate potential generator and is required to obtain a separate EPA ID number. - "Person" The term “person” is defined in RCRA section §260.10 as "an individual, trust, firm, joint stock company, federal agency, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, or any interstate body."
The definition of person encompasses any entity that is involved with an action (an “act or process”) that generates hazardous waste. - "Act or Process" Because a generator is defined as the person whose “act or process” first causes a hazardous waste to become subject to regulation, sometimes the generator of a hazardous waste is not the person who actually produced the waste. Here is an example: a cleaning service removes residues from a product storage tank, that are excluded by the RCRA. As a result of removal by the cleaning service those residues become a waste subject to RCRA regulation. The owner of the tank is not the first person to cause the waste to be regulated, although they are the person who produced the waste.
Hazardous Waste Co-Generators
In some cases more than one person is responsible as the hazardous waste generator.
Looking at the example of cleaning a residue from a tank; the person removing the waste from the storage tank is not the owner or operator of the storage tank. But, as described above, they may be considered a generator. However, in some cases the owner of the storage tank may also be considered a generator because, by operating the process that created the residue, the result was the generation of the hazardous waste. In this case the remover of the waste and the owner of the tank are considered to be co-generators. When more than one person meets the definition of generator, all are jointly responsible for compliance with the hazardous waste generator regulations.
The parties involved in this type of situation may make an agreement in which one party assumes the duties of the generator. But, should a violation happen, all persons meeting the definition of generator can be held liable for the improper management of the waste.
Am I A Hazardous Waste Generator?
It is your responsibility to determine whether your site is producing a hazardous waste. The first step is to determine that wastes are being produced. A waste is defined as any garbage, refuse, some types of sludges, or other discarded material that is not excluded by the EPA or by other legal mechanisms.
Determine if that material is a hazardous waste. If it is, you are the generator of a hazardous waste.
The EPA divides hazardous waste generators into three categories based on the quantity of waste they produce:
- Large Quantity Generators (LQGs) are those sites that generate any of the following quantities of waste:
- 2,200 pounds or more of hazardous waste per month
- more than 2.2 pounds of acutely hazardous waste per month
- more than 220 pounds per month of acute spill residue or soil.
- Small Quantity Generators (SQGs) are those sites that generate more than 220 pounds per month, but less than 2,200 pounds per month hazardous waste.
- Conditionally Exempt Small Quantity Generators (CESQGs) are those sites which generate:
- 220 pounds or less per month of hazardous waste
- less than 2.2 pounds per month of acutely hazardous waste
- less than 220 pounds per month of acute spill residue or soil
Each class of hazardous waste generator must comply with a specific set of requirements.
EPA Hazardous Waste Generator Summary Chart
This table comes from the "RCRA, Superfund and EPCRA Call Center Training Module: Introduction to Generators.” It provides a summary of the requirements for each class of hazardous waste generator.
|
CESQGs |
SQGs |
LQGs |
Hazardous Waste Quantity Limits |
≤220 lbs/month |
Between 220 - 2,200 lbs/month |
≥2,200 lbs/month |
EPA ID Number |
Not required |
Required |
Required |
On-Site Accumulation Quantity |
≤2,200 lbs |
≤13,200 lbs |
No limit |
Accumulation Time Limits |
None |
≤180 days or |
≤90 days |
Storage Requirements |
None |
Basic requirements with technical standards for tanks or containers |
Full compliance for management of tanks, containers, drip pads, or containment buildings |
Sent To: |
State approved or RCRA permitted/interim status facility |
RCRA permitted/interim status facility |
RCRA permitted/interim status facility |
Manifest |
Not required |
Required |
Required |
Biennial Report |
Not required |
Not required |
Required |
Personnel Training |
Not required |
Basic training required |
Required |
Contingency Plan |
Not required |
Basic plan |
Full plan required |
Emergency Procedures |
Not required |
Required |
Full plan required |
DOT Transport Requirements |
Yes |
Yes |
Yes |
Hazardous Waste Generator Reporting and Recordkeeping
There are recordkeeping and reporting requirements that hazardous waste generators most comply with. In general, these are:
Hazardous Waste Generator Reporting Requirements
Large Quantify Generators (LQGs) who ship hazardous waste off site, or who treat, store, or dispose of hazardous waste on their site, must submit a Biennial Report using EPA Form 8700-13A/B each even-numbered year. The Biennial Report summarizes the data collected from off-site shipments of waste during the previous calendar year.
In addition, both LQGs and SQGs may also need to submit exception reports, if they do not receive a signed copy of the shipment manifest within 45 days.
The EPA may also require a hazardous waste generator to submit additional reports concerning the quantities and disposition of wastes
Hazardous Waste Generator Recordkeeping Requirements
Hazardous waste generators must keep a signed copy of the shipping manifest for at least three years from the date the waste was accepted by the initial transporter. They must also retain a copy of each Biennial Report and Exception Report for a period of three years from the due date of the report.
Hazardous waste generators must also keep records of any test results, waste analysis, or other determinations for at least three years.
These time periods are extended automatically during the course of any enforcement action.
