Frequent Questions

Is a generator of 75kg of non-acutely hazardous waste each month from January to November subject to the conditionally exempt small quantity generator (CESQG) requirements or the small quantity generator (SQG) regulations during the month of December, whe

This generator is subject to the CESQG regulations during the month of December because it generated no more than 100 kg of non- acutely hazardous waste in that month and accumulated no more than 1,000 kg of non-acutely hazardous waste on site at any one time (40 CFR Section 261.5). Generator status is based upon the amount of waste generated per calendar month and the total amount accumulated on site at any one time. The amount of waste shipped off site at any one time does not affect generator status, provided the waste is shipped off site prior to exceeding accumulation limits. If the generator accumulates more than a total of 1,000 kg of hazardous waste on site at any one time, then it would be subject to all provisions applicable to SQGs, including the Section 262.34(d) accumulation standards. In addition, this individual can generate 1 kg or less of acutely hazardous waste per calendar month and remain subject to the reduced CESQG regulations for the acutely hazardous waste, provided that no more than 1 kg of acutely hazardous waste is accumulated on site at any one time. If the amount generated or accumulated on site exceeds these thresholds, then all of the acutely hazardous waste would be subject to full regulation as applicable to large quantity generators (Section 261.5(e)).

Note: On November 28, 2016, EPA published the Hazardous Waste Generator Improvements Final Rule, which makes several revisions to the hazardous waste generator regulations including the designation of CESQG changing to very small quantity generator (VSQG). Other revisions may also affect the information provided in this FAQ. The final rule and additional information, including a fact sheet, frequent questions, and a webinar recording and slides, are available at www.epa.gov/hwgenerators/final-rule-hazardous-waste-generator-improvements.

The Hazardous Waste Generator Improvements Final Rule is effective on May 30, 2017; however, implementation in a particular state depends on the state’s authorization status. A discussion of the effect that this final rule will have on state authorization is available on page 85801 of the rule. Information about how the rule will affect the requirements in this FAQ in a particular state is best obtained from the state hazardous waste program. A list of state hazardous waste programs is available at www.epa.gov/hwgenerators/links-hazardous-waste-programs-and-us-state-environmental-agencies.

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