Part 2: Federal vs. State Hazardous Waste Generator Categories

In Part 1 of this series, we discussed the differences between federal and state RCRA programs. In Part 2, we will talk about the different hazardous waste (HW) generator categories and why they are important.

Except for Alaska and Iowa, which operate under federal jurisdiction, each state runs an approved Resource Conservation and Recovery Act (RCRA) program for managing hazardous waste. Each state’s program must be at least as stringent as the federal RCRA regulations, but they are not required to be identical.

Differences between state hazardous waste programs range from small (but important) to significant. One area where variations are quite common is RCRA generator categories.

What Are the Three Categories of Hazardous Waste Generators?

The federal regulations have three hazardous waste generator categories. The category assignment is based upon the quantity of hazardous waste a facility generates within a calendar month. The quantities of HW listed per generator category below are per a 30-day period.

Large Quantity Generator (LQG)

LQGs generate:

• 1,000 kg (2,200 pounds) of non-acute hazardous waste
• 1 kg (2.2 pounds) of acute hazardous waste
• 100 kg (220 pounds) of acute hazardous waste mixed with debris

Notes: LQGs must have an EPA identification number. There are no accumulation limits for LQGs.

Small Quantity Generator (SQGs)

SQGs generate:

>100 kg and < 1,000 kg of non-acute hazardous waste

< 1 kg of acute hazardous waste

< 100 kg of acute hazardous waste mixed with debris

SQGs can accumulate on-site, at any one time:

< 6,000 kg (13,200 pounds) of non-acute hazardous waste

< 1 kg of acute hazardous waste

< 100 kg of acute hazardous waste mixed with debris

Note: SQGs must have an EPA identification number.

Very Small Quantity Generator (VSQG)*

VSQGs generate:

< 100 kg (220 pounds) of non-acute hazardous waste

< 1 kg (2.2 pounds) of acute hazardous waste

< 100 kg of acute hazardous waste mixed with debris

VSQGs can accumulate on-site, at any one time:

< 1,000 kg (2,200 pounds) of non-acute hazardous waste

< 1 kg of acute hazardous waste

< 100 kg of acute hazardous waste mixed with debris

*Formerly known as Conditionally Exempt Small Quantity Generators or CESQGs. More on this below.

Why Your Hazardous Waste Generator Status Matters

Under RCRA, not all hazardous waste generators are treated equally. Large Quantity Generators (LQGs) are subject to the most stringent standards.

LQG facilities must do all the following:

• Provide annual hazardous waste training for personnel
• Accumulate waste on-site for no more than 90 days
• Comply with RCRA air standards
• Store ignitable and reactive wastes at least 50 feet from the property line
• Submit biennial reports
• Develop a comprehensive written contingency plan

SQGs and VSQGs are subject to fewer and may be exempt from many hazardous waste management requirements.

VSQG vs. CESQG

Often called the most significant hazardous waste rulemaking in decades, the RCRA Generator Improvements Rule (GIR) made major changes to the federal hazardous waste management regulations.

One of those changes was to re-name Conditionally Exempt Small Quantity Generators or CESQGs. These generators are now referred to as Very Small Quantity Generators or VSQGs. In states that have not yet adopted the GIR, VSQGs may still be referred to by their “old” name – Conditionally Exempt Small Quantity Generators.

As of May 1, 2021, 34 states had adopted the GIR, even though the final rule was published on November 28, 2016. By law, individual states have up to 24 months to adopt the rule. In states that have not yet adopted the GIR, regulatory authorities are discussing their options internally, drafting rules, and collecting public input.

If you have questions about managing your hazardous waste, contact us for a free consultation.