September 14, 2020

Updated RCRA Compliance Fact Sheets Reflect Generator Improvements Rule

In July 2020, EPA updated two RCRA compliance fact sheets to reflect regulatory changes introduced by the 2016 generator improvements rule. The fact sheets provide a brief overview of compliance requirements for very small quantity generators (VSQGs) and large quantity generators (LQGs).

VSQGs

Defined as a generator that generates no more than 100 kg of nonacute hazardous waste and no more than 1 kg of acute hazardous waste per month, a VSQG has very limited RCRA requirements. There are three primary aspects to RCRA compliance for VSQGs:

Performing accurate hazardous waste determinations per §262.11 [§262.14(a)(2)];
Not storing more than 1,000 kg of nonacute hazardous waste or more than 1 kg of acute hazardous waste onsite at any time [§262.14(a)(3–4)]; and
Ensuring delivery of hazardous waste to an appropriate offsite facility. With some exceptions, this type of facility could include a RCRA-permitted TSD facility, a permitted solid waste landfill, a universal waste handler or destination facility, or an LQG under the control of the same person as the VSQG. [§262.14(a)(5)]

Several additional resources are provided in the VSQG fact sheet, including EPA’s main hazardous waste generators webpage, a summary of hazardous waste generator regulations, the site ID form, and a hazardous waste guide for small businesses.

LQGs

Defined as a generator that generates at least 1,000 kg of nonacute hazardous waste or more than 1 kg of acute hazardous waste per month, an LQG has a copious amount of RCRA compliance requirements. EPA’s fact sheet is not all-encompassing of the requirements, but instead provides a summary. Requirements for LQGs include, but are not limited to:

Performing accurate hazardous waste determinations [§262.11];
Obtaining an EPA ID number [§262.18];
Managing hazardous waste in satellite and 90-day units [§§262.15 and 262.17];
Preparing hazardous waste shipments according to pretransportation requirements [Part 262, Subpart C];
Using a uniform hazardous waste manifest when shipping waste offsite [Part 262, Subpart B];
Reporting and recordkeeping [Part 262, Subpart D]; and
Complying with the land disposal restrictions program. [Part 268]

McCoy and Associates has provided in-depth information to assist environmental professionals with complex compliance issues since 1982. Our seminars and publications are widely trusted by environmental professionals for their consistent quality, clarity, and comprehensiveness.

Disclaimer

Considerable care has been exercised in preparing this document; however, McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with the publication of this information. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which this information may conflict. McCoy and Associates, Inc. does not undertake any duty to ensure the continued accuracy of this information.

This document addresses issues of a general nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with the RCRA 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.