Hazardous Waste 101: A Small Business Guide to EPA Generator Status
Summary: Hazardous waste is a serious issue among certain types of businesses. The EPA takes it seriously, having designated three categories of hazardous waste generators and the rules by which they must abide.
Managing hazardous waste is one of the most complex challenges small businesses face. Auto repair shops, print shops, dry cleaners, and small manufacturing facilities must be able to identify hazardous waste. They need to understand their legal obligations under federal law as well. It can all be completely overwhelming.
Fortunately, navigating EPA regulations regarding hazardous waste doesn’t require a law degree. With a comprehensive approach and a relationship with an environmental compliance consulting firm, any small business can accurately determine its generator status. And with that status determined, a business can maintain required documentation and protect itself against costly penalties.
The Basics of EPA Hazardous Waste Generator Status
The EPA regulates hazardous waste under the authority of the Resource Conservation and Recovery Act (RCRA). Their authority extends over all hazardous waste from the moment it is generated until it reaches final disposal. In essence, the EPA has ‘cradle to grave’ authority.
EPA regulators also have the authority to determine hazardous waste generator status based on what a company produces. The agency divides waste products into three distinct categories. Those categories are combined with generation frequency to determine status on a monthly basis. This is important because a company’s status can change along with production processes and fluctuations.
Categories and Their Details
Based on what your company generates and its frequency of generation, your operations could fall under one of the following three categories. On the other hand, you might not be considered a hazardous waste generator at all.
1. Very Small Quantity Generators (VSQGs)
VSQGs generate the smallest amount of hazardous waste on a monthly basis. Yet they are still subject to a detailed set of rules. Here are the category parameters:
- Volume – They cannot generate more than 220 pounds or 25 gallons of hazardous waste per month. If their waste is considered acutely hazardous, they are limited to 2.2 pounds per month.
- On-Site Limits – VSQGs may not store more than 2,200 pounds of non-acute hazardous waste on-site at any given time.
- Key Requirements – VSQGs must identify all hazardous waste generated and ensure on-site limits are not exceeded. They must deliver the waste to an authorized treatment or disposal facility at some point.
2. Small Quantity Generators (SQGs)
The SQG category is where we find most mid-sized industrial shops and commercial facilities. Here are the parameters of this category:
- Volume – SQGs generate between 220 and 2,200 pounds of hazardous waste per month.
- On-Site Limits – SQGs are allowed to store hazardous waste on-site for up to 180 days or, if shipping waste to a destination greater than 200 miles away, 270 days. Total volume cannot exceed 6,000 kilograms (approx. 13,200 pounds).
- Key Requirements – SQGs must obtain an EPA Identification Number. They must comply with container labeling rules, post emergency instructions near storage sites, and designate a qualified person to act as emergency coordinator.
3. Large Quantity Generators (LQGs)
Organizations in the LQG category face the most stringent regulatory oversight. They generate significant volumes of hazardous waste that must be properly managed. Here are the parameters:
- Volume – LQGs generate 2,200 pounds or more of hazardous waste per month, or more than 2.2 pounds of acutely hazardous waste.
- On-Site Limits – Organizations in this category may store waste on-site for up to 90 days without a permit. Waste must still be stored safely and according to regulations.
- Key Requirements – LQGs must maintain a written contingency plan and conduct formal employee training. They must also submit biennial reports to the EPA and adhere to strict standards pertaining to waste containers and tanks.
The EPA takes hazardous waste seriously. Their aggressive stance against hazardous waste is why we feel it is so important to partner with an environmental compliance consulting firm. Consultants act as unbiased, third-party partners to help organizations always maintain compliance.
The Essential Documentation Checklist
Documentation is a company’s best tool for defending against questions raised during EPA or state inspections. Maintaining a complete, organized document trail also demonstrates diligence and operational control. Here is our essential documentation checklist:
- Hazardous Waste Determinations (all categories; must be retained for 3 years)
- Uniform Hazardous Waste Manifest (SQGs and LQGs; must be retained for 3 years)
- EPA Identification Number (SQGs and LQGs; must be retained permanently)
- Weekly Inspection Logs (SQGs and LQGs; must be retained for 3 years)
- Employee Training Records (LQGs; must be retained for 3 years or the duration of employment)
- Contingency Plan & Emergency Contacts (LQGs; must retain a current copy)
Documentation is another aspect of hazardous waste management that environmental compliance consultants can help with. Consulting firms are experts in documentation for both compliance and liability purposes.
Avoid These 5 Common Pitfalls
If hazardous waste generation forces your company into one of the three EPA categories, compliance is not an option. Do not make the mistake of ignoring compliance and hoping for the best. Better yet, we encourage you to partner with an expert in environmental compliance consulting so as to avoid the following five pitfalls:
- Lack of Determination – Merely assuming that a waste product is not hazardous is not wise. Perform a test analysis or review EPA Safety Data Sheets (SDS).
- Improper Labeling – Storage drums or totes should never be left unlabeled. Labels must always display an accumulation start date and a clearly visible ‘Hazardous Waste’ designation.
- Open Containers – Hazardous waste should never be stored in containers without secure lids, bung caps, and funnel valves. All containers should remain sealed when waste is not actively being added or removed.
- Ignoring Universal Waste Rules – Certain types of hazardous waste (like batteries and fluorescent lamps) are considered Universal Waste and subject to special rules for handling.
- Missing the Manifest Loop – Shipping waste off-site involves tracking signed return copies from the disposal facility within a required regulatory window.
There are several proactive steps your company can take to maintain EPA compliance. We can help you get started when you request your FREE environmental compliance audit. Let us help you figure out your Waste Generator Status and develop a comprehensive plan to ensure you always remain in compliance.
FAQs
How do I determine if my company’s waste is hazardous?
You are required to perform a hazardous waste determination for every waste stream you produce. This is accomplished through either analytical testing by an accredited lab or by using process knowledge based on EPA Safety Data Sheets.
Can my generator status change?
Yes. Because the EPA determines status by the amount of hazardous waste generated per month, your status can change as a result of production fluctuations or process modifications.
What is the Uniform Hazardous Waste Manifest?
It is a multi-page tracking document that must accompany hazardous waste when it leaves your facility. The documentation remains with the waste until it reaches its final destination. The manifest acts as a chain of custody framework.
Are Universal Wastes included in my hazardous waste totals?
For status determination purposes, no. The EPA has created streamlined management standards for Universal Waste that are completely separate from the official hazardous waste categories.
