June 16, 2020

SQG Renotification Requirement Begins in 2021

Per the November 2016 generator improvements rule [81 FR 85732], small quantity generators (SQGs) must periodically renotify EPA of their active status. [§262.18(d)] Beginning September 1, 2021, and every four years thereafter, SQGs must submit EPA Form 8700-12 (the Site ID form) to their state or EPA region. RO 14926, which provides significant guidance on this new requirement, explains that if an SQG submits the Site ID form in the four years prior to 2021 for another purpose, such as notifying as a healthcare facility under the 2019 hazardous waste pharmaceuticals rule, then this satisfies the §262.18(d) requirement.

Because state hazardous waste regulations can be more stringent or broader in scope, states may have more frequent renotification and reporting requirements. Some states also have their own forms, equivalent to EPA’s Site ID form. SQGs should, therefore, comply with their state notification requirements and deadlines. Non-equivalent forms and information submitted by SQGs will not satisfy the §262.18(d) requirement. EPA’s concern with non-equivalent information is there may not be a signature by the generator certifying the information is accurate. Consequently, there could be a negative effect on the state’s or EPA’s ability to enforce the regulation.

State and Region Preparation

EPA headquarters recommends states and regions clean up their SQG site data before September 1, 2021. Decisions on deactivating SQGs in the RCRAInfo database can be based on data review, site visits, internet searches, and RCRAInfo “in business” reports. The agency believes a 10-year period of no activity in RCRAInfo is a reasonable time frame to deactivate SQGs based on data alone. However, just because a facility was deactivated in RCRAInfo, and hazardous waste generating activities have ceased, does not mean the facility won’t start generating hazardous waste again. It is also possible a new hazardous waste generator could move into the same address. Any new, applicable information can be added to the old site entry without a change in the site’s EPA ID number.

State Authorization Status

The new SQG renotification provision is considered more stringent than previous federal regulations and must be adopted by authorized states. Because state regulatory adoption processes vary, not all authorized states will have adopted the SQG renotification provision by September 1, 2021. EPA encourages states to adopt this provision as soon as possible to ensure uniformity and nationwide data availability.

More Information

EPA’s Office of Resource Conservation and Recovery has developed a webpage devoted to the SQG renotification effort.

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This document addresses issues of a general nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with the environmental regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.