SMALL-QUANTITY GENERATORS OF HAZARDOUS WASTE
This document (SW-940) was prepared by the Technical Information and
Communications Branch in the Office of Solid Waste. It is intended
as an aid to .understanding the regulations applying to snail-quantity
generators. These regulations may change, and users should keep
abreast of the actual regulations as they are published.
U.S. ENVIRONMENTAL PROTECTION AGENCY
1981
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Small-Quantity Generators of Hazardous Waste
(inside front cover)
As required by Congress in 1976, the U.S. Environmental Protection
Agency (EPA) has issued regulations under Subtitle C of the Resource
Conservation and Recovery Act (RCRA), Public Law 94-580, as amended, that
establish a comprehensive regulatory program to manage and control hazardous
waste. (See 45 Federal Register 33066 [May 19, 1980].) The regulations:
0 identify the characteristics of hazardous wastes;
0 list particular wastes as hazardous;
0 set standards for generators of hazardous waste;
0 set standards for transporters of hazardous waste;
0 set standards for owners and operators of facilities that
treat, store, or dispose of hazardous waste;
0 establish requirements for facilities to obtain permits;
0 establish requirements for States to get EPA approval to operate
their own hazardous waste management programs.
The largest.group of persons affected by the regulations are generators
of hazardous -waste. Certain generators are conditionally excluded from full
compliance with the system—they are referred to as "small-quantity generators."
Although the standards for generators who are in the system are in one part
of the regulations (Part 262), the qualifying factors for the small-quantity
generator exclusion are in another (Part 261.5). Those who comprise that
category might find it helpful to read pages 33102-33105 and 33120 in the
Federal Register cited above and 45 Federal Register 76620-76624 (November 19,
1980). It might also be helpful to look at the definitions in 45 Federal
Register 33073-33076 (May 19, 1980).
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SMALL-QUANTITY GENERATORS OF HAZARDOUS HASTE
An enormous number of businesses generate hazardous waste—but not
all of these businesses are required to comply with the full requirements
of EPA's system for controlling such waste. Businesses whose wastes are
conditionally excluded fall within the category referred to in the regula-
tions as "small-quantity generators." This publication is intended to assist
those businesses in determining whether they qualify for small-quantity-
generator status. It must be emphasized, however, that this publication
discusses only the Federal system. States are encouraged (and it was the
intent of Congress in passing RCRA) to set up their own systems consistent
with the Federal program. State regulations may, however, be more stringent
than the Federal ones. Thus, generators should check with State authorities to
be sure that they are also complying with all of their State's requirements.
RATIONALE FOR INCLUDING SMALL-QUANTITY GENERATORS IN THE
REGULATIONS
Hazardous waste even in very small quantities can harm people and damage
the environment. It is necessary, therefore, that all hazardous waste
generators, regardless of their size, treat and dispose of their waste
in a safe and proper manner. But, because EPA does not have the resources
to regulate fully all generators of hazardous waste, it has established
separate requirements for small-quantity generators.
The steps that.a generator of solid waste follows to determine "if
he 'is a small-quantity hazardous waste generator and how his wastes are
regulated are illustrated in the following figure. Each of the major
provisions of the regulation is then discussed in detail.
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HOW THE SYSTEM OPERATES
The regulation covers the following major areas:
0 determining who is a small-quantity generator;
0 regulating small-quantity generators' waste;
0 accumulating hazardous waste on site;
0 mixing wastes.
DETERMINING WHO IS A SMALL-QUANTI'IY GENERATOR
Type and Amount of Waste Produced
In order to know whether he must comply with the hazardous waste
regulations, a generator must first determine if he is actually pro-
ducing hazardous waste. He can do so by checking the regulations to
see if his wastes are listed as hazardous or by determining if they
exhibit any of the characteristics EPA considers hazardous—ignitability,
corrosivity, reactivity, and EP toxicity. The second consideration
concerns the amount of hazardous waste produced. In order to qualify as
a small-quantity generator, he must produce less than a total of 1,000
kilograms (2,200 pounds) of hazardous waste per month.
As stated above, one who produces hazardous waste is considered a
small-quantity generator for calendar months in which he generates less
than a total of 1,000 kilograms of hazardous waste. Certain wastes are
not included in the determination of quantity. Waste that is hazardous
only because it exhibits a. characteristic listed in the regulation
for identifying hazardous waste is not included in the determination of
quantity and is not regulated _if_ it is beneficially used or reused or
legitimately recycled or reclaimed. Hazardous wastes that are sludges
(defined in the "regulations as any solid, semisolid, or liquid waste
generated from a wastewater treatment plant, water supply treatment
plant, or air pollution control facility exclusive of the treated effluent
fron a wastewater treatment plant), wastes listed in EPA's regulations, or
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wastes containing listed wastes are, however, included in the determination
of quantity even if they are beneficially used, reused, recycled, or
reclaimed. (Such wastes are subject to full regulation during storage and
transportation prior to recycling when generated by a large-quantity generator
and are eligible for the reduced requirements applicable to small-quantity
generators.) .
In addition, a generator counts his hazardous waste only once—when he
first generates it. He does not count it again when he removes it from
onsite storage or when he produces a hazardous waste from onsite treatment
of his hazardous waste. (According to the definition of "generation,"
removal_frcm storage is not an act or process that produces a hazardous
waste, although it.is an act that may subject a waste to regulation.)
This avoids doubler count ing of wastes and, therefore, extends only
to the treatment or storage of hazardous waste actually generated.
Projecting Quantities Generated
The status of a smalls-quantity generator is fluid. It is possible for
a generator 'to produce more than the exempted amount of hazardous waste
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in one month and less in the next. When the amount exceeds the limit,
he no longer qualifies as a small-quantity generator for that month and must
comply with all the standards for generators in Part 262 of the regulations.
A generator is not expected to weigh precisely every bit of
hazardous waste; nor is he expected to accumulate his hazardous waste
for a nonth at a time. EPA, in fact, encourages generators to dispose
of their waste properly as quickly as possible. The generator is,
however, expected to make a good-faith, reasonable effort to determine
if he is producing more than small quantities of hazardous waste. In some
cases it may require monthly estimates; in other cases it may require only
long-term projections; and in still other cases it will require an
estimate of spills or other unusual events that increase the monthly
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total. Should such an unusual, unanticipated event take the monthly
total above the limit, after the generator has already shipped small
quantities of waste offsite, then he must manage all of his hazardous
waste for the remainder of the month as fully regulated.
There are many ways for a generator to make a reasonable estimate
of the volume of hazardous waste he produces. He may, for example:
0 look at the total weight of all waste produced for a month
(waste collectors may help estimate this amount);
0 estimate the amount of chemicals or products coning into the
business each month that might be considered a hazardous waste
if discarded (inventory control records should be of assistance);
0 obtain, where available, industry averages for breakage or
waste and compare-them with his business;
o provide a safety margin to cover unanticipated generation of
hazardous waste.
The-.generator should carefully reexamine the amount and type of
hazardous waste he produces following any increase in the size of the
business or any significant change in his operations or product line.
In cases where the. generator is uncertain whether he will exceed
the limit, the cautious approach is to assume that the waste will be
fully regulated. -When EPA is considering an enforcement action against
a small-quantity generator, it will evaluate whether he has made a
good-faith effort to comply with the regulations, recognizing that
an occasional noncompliance may be unavoidable.
REGULATING SMALL-QUANTITY GENERATORS' WASTES
A small-quantity generator's wastes are excluded from full regulation
provided that he disposes of the wastes in the prescribed way. The
generator can treat or dispose of the waste in an onsite facility or
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ensure that it is delivered to an off site treatment, storage, or disposal
facility any of which—either onsite or offsite—must be one of the following:
o permitted by EPA or by a State with a hazardous waste management
program authorized by EPA;
o in interim status (in the process of acquiring a permit) as defined
by the Federal regulations;
o permitted, licensed, or registered by a State to manage municipal
or industrial solid waste;
o a facility that beneficially uses or reuses or legitimately recycles
or reclaims the waste or that treats wastes prior to such management.
Small-quantity generators can determine whether an offsite treatment,
storage, or disposal facility is acceptable under-the Federal or State
programs or is permitted, licensed, or registered by the State to manage
municipal or industrial solid waste by contacting the EPA Regional Office,
the State, or the owner or operator of the facility. Since it is the
generator's responsibility .to dispose of his waste in an acceptable
facility, he should obtain assurance from the transporter that the waste
will be delivered to such a facility.
Transporters who handle only waste from small-quantity generators
are not subject to -EPA's regulations regardless of the quantity of excluded
hazardous waste that they collect, and transport. It should be noted,
however, that both transporters and facilities that treat, store, and
dispose of hazardous waste can themselves become subject to the regulations
for generators of hazardous waste by producing such waste while they are
managing it. Should this happen, the resultant hazardous waste becomes
subject to full regulation unless the transporter or facility owner or
operator qualifies as a small-quantity generator.
Recycled Waste
The regulation concerning recycled wastes deserves special attention.
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Wastes, except sludges, that are hazardous only because they exhibit the
characteristics EPA considers hazardous are excluded from regulation under
RCRA when:
o they are being beneficially used or reused or legitimately
recycled or reclaimed;
o they are being accumulated, stored, transported, or physically,
chemically, or biologically treated prior to beneficial use or
reuse or legitimate recycling or reclamation.
That is, these wastes need not be sent to a. treatment, storage, or dis-
posal facility that is permitted by the Federal government. The generator
must, however, comply with any State requirements that apply in such cases.
Sludges, listed hazardous wastes, and wastes containing listed
hazardous wastes, generated by large-quantity generators are fully regulated
during storage and transportation prior to being used, reused, recycled,
or reclaimed. If, on the other hand, these wastes are the excluded hazardous
wastes of a small-quantity generator and are stored offsite before being
used, reused, recycled, or reclaimed, the generator must be sure that the
storage facility is permitted or in interim status under the Federal
regulations, is approved by a State with an authorized program, or is
permitted, licensed, or registered by a State to manage municipal or
industrial solid waste. When a small-quantity generator stores these
wastes onsite prior to use, reuse, recycling, or reclamation, they are
subject to the same accumulation levels as his other hazardous wastes.
"Acutely" Hazardous Waste
In order for a small-quantity generator's acutely hazardous waste
to qualify for the conditional exclusion, he may not exceed the following
limits per month:
o a total of 1 kilogram of commercial chemical products and related
materials (except residue) identified in Section 261.33(e) of the
regulations;
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o a toted of 100 kilograms of residue or contaminated soil, water,
or other debris resulting from cleanup of spills of acutely
hazardous waste (listed in Section 261.33[e]) into any water
or on any land.
The 1-kilogram-per-month exclusion level applies to the aggregate of all
acutely hazardous commercial chemical products and related materials,
and the 100-kilogram-per-month exclusion level applies to all residue
resulting from the cleanup of all spills of acutely hazardous wastes.
Thus, if a generator discards in a calendar month 0.5 kilogram of each of
three listed commercial chemical products, the total of 1.5 kilograms
would be subject to full regulation, but he could still qualify as a
small-quantity generator that month if the total of all his wastes did
not exceed 1,000 kilograms.-
ACCUMULATING HAZARDOUS WASTE ON SITE
A small-quantity generator may accumulate hazardous waste on site.
If, however, he. exceeds the specified accumulation limits, all of the
hazardous waste accumulated then and subsequently in that calendar month
are subject to full regulation. Suppose, for example, a generator who has
accumulated 900 kilograms of hazardous waste generated in previous months
produces another 200 kilograms in the next month. The entire 1,100
kilograms are then subject to full regulation. Furthermore, if he does not
dispose of these 1,100 kilograms (or otherwise reduce the amount in storage to
less than 1,000 kilograms by, for example, transporting some portion to an
off-site facility), before he generates and stores 200 more in a subsequent
month, all 1,300 kilograms are fully regulated.
Acutely hazardous wastes are treated in a similar way, but each of the
two categories is totaled separately, not cumulatively. Thus, if a small-
quantity generator accumulates 5 kilograms of discarded commercial chemical
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products listed in Section 261.33(e), 50 kilograms of residue resulting
from spills of listed commercial chemical products, and 200 kilograms of
other hazardous waste, the 5 kilograms of acutely hazardous waste are
subject to full regulation, while the 50 kilograms of residue and the
200 kilograms of hazardous waste are conditionally excluded.
When the exclusion limit is exceeded, the generator has 90 days
in which to remove the waste from onsite storage. If he does not exceed
that 90-day limit, it is not necessary for him to have interim status
(that is, be in the process of obtaining a hazardous waste facility
permit) or already .be permitted .as a treatment, storage, or disposal
facility in order to store the waste. He must, however, contain the
waste and manage the storage area as prescribed in Part 262.34.
Once a waste becomes fully regulated, it remains so when it is removed
from storage, even if the generator qualifies as a small-quantity generator
in the month in which it is removed. Assume, for example, that:
0 a generator has accumulated 1,500 kilograms of hazardous waste
onsite;
0 generates 800 kilograms of hazardous waste the next month and
transports them offsite without storing them;
0 removes 300 of the 1,500 kilograms of accumulated waste from
storage and transports them offsite in the same itonth.
He qualifies as a small-quantity generator that month because he must count
only the 800 kilograms that he generated during the month. Bie 300 kilograms
of accumulated waste that he generated and counted in a prior month and
removed from storage during the month in question are not included again in
the quantity generated. Thus, the 800 kilograms are not subject to full
regulation (though they must still be disposed of properly), but the 300
kilograms removed from storage are regulated because they were part of the
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1>500 kilograms that had exceeded the exclusion limit. If, however, the
800 kilograms had been stored on site for any length of time, which is a
typical practice, they would have been fully regulated since the generator
had already exceeded the exclusion level.
MIXING WASTES
Suppose that a small-quantity generator mixes his excluded hazardous
waste with nonhazardous waste, and the total quantity exceeds the exclusion
limit. The mixture is managed as an excluded waste provided it does
not exhibit "any of the characteristics of hazardous waste listed in the
regulations. If, on the other hand, a small-quantity generator mixes a
nonhazardous waste with hazardous waste that has exceeded the exclusion
level, the mixture becomes subject to full regulation.
When a small-quantity generator mixes a fully regulated waste with
an excluded waste, the entire mixture becomes subject to regulation.
Assume, for example, that a small-quantity generator stores fully regulated
wastes, such as acutely hazardous waste that exceeds the 1-kilogram limit,
in a tank with excluded wastes. The mixture is thus subject to full reg-
ulation, and the tank must be drained within 90 days of the time the fully
regulated waste was placed in the tank. Should the waste remain in the
tank more than 90 days, the generator would be in violation of .the
regulations if he did not have interim status or a permit to operate, a
hazardous waste treatment, storage, or disposal facility.
Unmixed wastes (such as drums of waste) are handled differently.
Once the exclusion limit is exceeded, the waste is fully regulated, as
are any additions made while the accumulation is over the specified
limit. Vtoen removal of a portion of the fully regulated wastes reduces
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the total below the limit, additions continue to be excluded so long as
the total does not again exceed the limit. The portion of the waste
that was fully regulated remains so, of course, even though the added
waste is exempt.
SUMMARY
As has been amply demonstrated, hazardous waste can harm people and
the environment. Congress has responded to this situation by giving EPA
the authority to control such waste. Although the regulations under RCRA
are designed primarily for the generator of large quantities of hazardous
waste, some of the regulations also apply to the small-quantity generator.
This publication is meant to aid the small-quantity generator in understanding
these regulations.
The small-quantity generator must determine initially if he is producing
hazardous waste as defined and listed by EPA. He should always keep in mind
that the key to being a small-quantity generator is the amount of hazardous
waste he produces each month. Thus, he may be a small-quantity generator one
month and a large-quantity generator the next. In addition, he should
remember that even if he is a small-quantity generator, seme of his wastes—
waste stored in large quantities and acutely hazardous waste generated
or stored even in small quantities, for example—may be fully regulated.
In trying to decide if he is small-quantity. generator, he should
ask himself the following questions:
0 Do I produce a hazardous waste? (See Figure 3, above.)
0 Do I produce or store more than a total of 1,000 kilograms (2,200
pounds) of hazardous wastes in a month? (See Part 261, Subparts B-D.)
0 Do I produce or store more than a total of 1 kilogram (2.2 pounds)
of acutely hazardous wastes or more than 100 kilograms (220 pounds)
of cleanup material from the spill of acutely hazardous materials
in a month? (See Section 261.33[e].)
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0 Are any of the hazardous wastes beneficially used, reused,
recycled, or reclaimed? (See Section 261.6.)
0 Do I treat any of the wastes at my facility? (See Section
261.5 [d].)
0 Did I remove any wastes from storage at my facility? (See
Section 261.5[d].)
0 Did I mix any hazardous waste with nonhazardous waste? (See
Section 261.5[e].)
0 Were any acutely hazardous materials spilled? (See Section
261.33[d].)
Finally, the small-quantity generator should remember that EPA is always
willing to answer his questions. He may call the industry assistance toll-free
PCRA hotline (800-424-9346; in Washington, D.C., 554-1404), or he may get in
touch with his'EPA Regional Office.
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