Hazardous Waste Generator Categories

• Persons who generate 100 kgs (220 lbs) or less of non-acute hazardous waste per month or 1 kg (2.2 lbs) or less per month of acutely hazardous waste are considered VSQGs.

• VSQGs may accumulate no more than 1,000 kgs (2,200 lbs) of hazardous waste at any time.

• Facilities classified as VSQGs must ensure that hazardous waste is delivered to a person or facility who is authorized to manage it.

• New regulations allow for VSQGs to deliver their hazardous waste to a large quantity generator under the control of the same person as the VSQG.

It is important that through testing or generator knowledge VSQGs make accurate hazardous waste determinations to identify all hazardous waste generated. A complete description of the VSQG regulations can be found in 40 CFR section 262.14. 

• Persons who generate more than 100 kgs (220 lbs), but less than 1,000 kgs (2,200 lbs) of hazardous waste per month are considered SQGs.

• SQGs may accumulate no more than 6,000 kgs (13,200 lbs) of hazardous waste at any time.

• SQGs may accumulate and store hazardous wastes onsite for up to 180 days without a permit (or 270 days if wastes will need to be transported more than 200 miles).

• The hazardous waste manifest requirements of 40 CFR part 262 subpart B are applicable to SQGs.

• SQGs must follow the pre-transport requirements in accordance with DOT regulations for packaging, labeling, marking, and placarding at 40 CFR sections 262.30 through 262.33.

Facilities in this generator category are required to manage their hazardous waste containers, tanks, drip pads, and containment properly. This includes marking or labeling them correctly, indicating accumulation dates, and keeping them closed for spill prevention and preventing fugitive emissions. Basic training is required to ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies. 

• Persons who generate 1,000 kgs (2,200 lbs) per month or more of hazardous waste or more than 1 kg (2.2 lbs) per month of acutely hazardous waste are considered LQGs.

• Facilities in this generator category must manage their hazardous waste in tanks containers, drip pads or containment buildings subject to the requirements found at 40 CFR sections 262.17(a)(1)-(4) and, specifically for drip pads, 40 CFR part 265 subpart W, and containment buildings, 40 CFR part 265 subpart DD.

• Requirements for marking and labeling containers, indicating accumulation dates, and keeping containers closed are the same for LQGs as with SQGs.

• LQGs do not have a limit on the amount of hazardous waste accumulated on-site.

• LQGs may accumulate and store hazardous wastes on site for up to 90 days without a permit.

• The hazardous waste manifest requirements of 40 CFR part 262 subpart B are applicable to LQGs.

• LQGs must follow the pre-transport requirements in accordance with DOT regulations for packaging, labeling, marking, and placarding at 40 CFR sections 262.30 through 262.33.

These facilities must also comply with the preparedness, prevention, and emergency procedure requirements at 40 CFR part 262 subpart M (includes contingency plan and emergency procedures). Personnel training is required for facility personnel in accordance with 40 CFR part 262.17(a)(7).

Episodic Generation Events (40 CFR 262 Subpart L) A new provision in EPA’s generator improvement rules applicable to VSQGs and SQGs allows for episodic events. These episodic events are defined as “an activity or activities, either planned or unplanned, that does not normally occur during generator operations, resulting in an increase in the generation of hazardous wastes that exceeds the calendar month quantity limits for the generator’s usual category.” [40 CFR 262.231] Under this rule, VSQGs and SQGs can maintain their generator status if they have an episodic event, as long as they follow the identification, management, and notification requirements outlined in the exemption. Planned episodic events may include regular maintenance, tank cleanouts, short-term projects generating hazardous waste, and removal of excess chemical inventory, while unplanned events would likely result from process upsets, product recalls, accidental spills, or “acts of nature.” Facilities are limited to one episodic event per calendar year, but they may petition the EPA for permission for a second event. Planned events require 30 days prior notification while unplanned events require notification within 72 hours of the event. Hazardous Waste generated from episodic events must be manifested and shipped to a designated facility within sixty (60) calendar days from the start of the episodic event.