Generator Status - Large Quantity Generator (LQG)

The summary is designed to assist Large Quantity Generators (LQGs) in developing and assessing their processes and procedures to maintain compliance with the Virginia Hazardous Waste Management Regulations (VHWMR). The information in this section applies to a generator who generates the following amounts in a calendar month as defined in 40 CFR § 260.10; greater than or equal to 1,000 kilograms (220 lbs) of non-acute hazardous waste; or greater than 1 kilogram (2.2 lbs) of acute hazardous waste listed in  40 CFR § 261.31 or 40 CFR § 261.33 (e) of this chapter; or greater than 1 kilograms (220 lbs) of any residue or contaminated soil, waste, or debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous wasted listed in  40 CFR § 261.31or 40 CFR § 261.33 (e) of this chapter.

Determination

Identify: LQGs must determine if they have generated a solid and hazardous waste in accordance with the regulations at 40 CFR § 261.2 (definition of solid waste), 40 CFR § 261.3 (definition of hazardous waste) and 40 CFR § 262.11 (hazardous waste determination). Generators may use knowledge of their waste to make a solid and hazardous waste determination, or have it tested if uncertain.

Count: 40 CFR § 262.13 (a) describes the process for how to count regulated acute and non-acute hazardous wastes towards a generators category for a calendar month. 40 CFR § 262.13 (c) and (d); identify those wastes that must be counted or not counted towards a LQGs regulatory category for the month. 40 CFR § 262.13 (f) clarifies for LQGs the implications of mixing a solid waste with a hazardous waste resulting in the generation of a new hazardous waste.

Manage

Hazardous waste can only be stored in containers (drums), tanks, drip pads or containment buildings without a hazardous waste management permit, and generators must comply with all applicable LQG regulatory requirements.

Container Requirements: LQG container requirements may be found at 40 CFR § 262.17 (a)(1).

Container Condition Requirements: Containers must be compatible with the waste stored in them and must be inspected at least weekly to look for leaking containers and for deterioration of containers caused by corrosion or other factors, and must be closed during accumulation, except when it is necessary to add or remove waste.

Tank Requirements: Tank requirements may be found at 40 CFR § 262.17 (a)(5). LQGs must comply with the applicable tank requirements of 40 CFR Part 265 Subpart J, except 40 CFR § 265.197(c) of Closure and Post-Closure Care, and 40 CFR § 265.200 - Waste Analysis and Trial Tests.

Labeling Requirements: LQGs are required meet the following labeling requirements in accordance with 40 CFR § 262.17 (a)(5): marked containers and tanks with the words "Hazardous Waste", indicate the hazards of the contents of the containers and tanks using any of several established methods (e.g., DOT hazard communication, OSHA hazard statement or pictogram, NFPA chemical hazard label, or RCRA characteristic), and identify on containers all applicable EPA hazardous waste codes found in Subparts C and D of part 261 no later than just prior to shipping the waste off-site for subsequent management. Containers also must be labeled with the date accumulation begins (see Accumulation Area Requirements).

Accumulation Area Requirements: Hazardous wastes may be accumulated in containers at the central accumulation area (CAA). Incompatible wastes must not be mixed together in the same container. LQGs may also accumulate hazardous wastes under satellite accumulation conditions. Containers that are filled while in a CAA, this date is the date that waste first enters the container. Containers that are used in satellite accumulation areas (SAAs), the containers are dated within three (3) days of becoming full or when moved to the CAA.

Accumulating Hazardous Waste by LQGs - Drip Pads and Containment Buildings: The regulations at 40 CFR § 262.17(a)(3) and (6) address the accumulation of hazardous wastes by LQGs on drip pads and in containment buildings, respectively. LQGs must remove all wastes from the drip pad at least once every 90 days and must send their hazardous waste off-site within 90 days of removing it from the drip pad. Drip pads are a part of wood preserving facilities regulated under the technical requirements of 40 CFR Part 265 Subpart W. The technical requirements for containment buildings are found at 40 CFR § 265 Subpart DD. LQGs accumulating hazardous wastes in a containment building will have only 90 days before having to send the waste off-site to a RCRA permitted TSDF.

Air Emissions Requirements: LQGs must also comply with the air emission requirements of 40 CFR Part 265 Subparts AA, BB, and CC.

Preparedness, Prevention and Emergency Procedures

Regulations regarding preparedness, prevention and emergency procedures for LQGs are addressed in 40 CFR § 262.17 (a)(6), which references 40 CFR 262 Subpart M requirements for emergency planning and preparedness.

Personnel Training Requirements: A LQG must provide training to staff that complies with 40 CFR § 262.17 (a)(7).

Maintenance and Operation of Facility Requirements: A LQG must maintain and operate the facility to minimize the possibility of fire, explosion or any unplanned event as required by 40 CFR § 262.251.

Required Equipment Requirements: All areas deemed applicable under 40 CFR § 262.250 must have the necessary equipment to respond and communicate effectively both internally and externally in case of an event. These items of equipment are found in 40 CFR § 262.252.

Testing of Equipment Requirements: A LQG must test and maintain all communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, as necessary to assure its proper operation in time of emergency as required by 40 CFR § 262.253.

Access to Communications or Alarm System Requirements: LQG requirements for access to communications or alarm systems to notify staff of an event are found in 40 CFR § 262.254. Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access (e.g., direct or unimpeded access) to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required under 40 CFR § 262.252. In the event there is just one employee on the premises while the facility is operating, the employee must have immediate access (e.g., direct or unimpeded access) to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless such a device is not required under 40 CFR § 262.252.

Required Aisle Space requirements: LQGs must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes as found in 40 CFR § 262.255.

Arrangements with Local Authorities Requirements: LQGs are required to coordinate with local authorities such as fire and rescue departments and maintain records documenting the arrangements. These arrangements include the layout of the facility, the properties of the hazardous waste handled at the facility and associated hazards, places where personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes as well as the types of injuries or illnesses which could result from fires, explosions, or releases at the facility as found in 40 CFR § 262.256.

Contingency Plan

The contingency plan for the facility is designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water. The contents that should be included in the contingency plan can be found in 40 CFR § 262.261.

Copies of Contingency Plan Requirements: A copy of the contingency plan and all revisions to the plan must be maintained at the facility and a copy submitted and any revisions submitted to all local emergency responders as listed in 40 CFR § 262.262 (a).

Quick Reference Guide Requirements: LQGs that first becomes subject to these provisions after April 8, 2018 or a LQG that is otherwise amending its contingency plan must at that time submit a quick reference guide of the contingency plan to the local emergency responders as found in 40 CFR § 262.262 (b). Generators must update, if necessary, their quick reference guides, whenever the contingency plan is amended and submit these documents to the local emergency responders identified at 40 CFR § 262.256 (a) or, as appropriate, the Local Emergency Planning Committee as stated in 40 CFR § 262.262 (c).

Elements of the quick reference guide: The types/names of hazardous wastes in layman's terms and the hazard associated with each hazardous waste present at any one time (e.g., toxic paint wastes, spent ignitable solvent, corrosive acid); and the estimated maximum amount of each hazardous waste that may be present at any one time; and the identification of any hazardous wastes where exposure would require unique or special treatment by medical or hospital staff; and a map of the facility showing where hazardous wastes are generated, accumulated and treated, and routes for accessing these wastes; and a street map of the facility in relation to surrounding businesses, schools and residential areas to understand how best to get to the facility and also evacuate citizens and workers; and the locations of water supply (e.g., fire hydrant and its flow rate); and the identification of on-site notification systems (e.g., a fire alarm that rings off site, smoke alarms); and the name of the emergency coordinator(s) and 7-day/24-hour emergency telephone number(s) or, in the case of a facility where an emergency coordinator is continuously on duty, the emergency telephone number for the emergency coordinator.

Amendment of Contingency Plan Requirements: The contingency plan must be reviewed, and immediately amended as required in 40 CFR § 262.263, whenever: applicable regulations are revised; or the plan fails in an emergency; or the generator facility changes in its design, construction, operation, maintenance, or other circumstances in a way that materially increases the potential for fires, explosions, or releases of hazardous waste or hazardous waste constituents, or changes the response necessary in an emergency; or the list of emergency coordinators changes; or the list of emergency equipment changes.

Closure Requirements

LQGs must meet the following conditions prior to closing a unit or facility as described in the closure requirements for LQGs in 40 CFR § 262.17 (a)(8): place a notice in the operating record within 30 days after closure identifying the unit location within facility; or meet the closure performance standards of 40 CFR § 262.17 (a)(8)(iii) for container, tank, and containment building waste accumulation units or 40 CFR § 262.17 (a)(8)(iv) for drip pads and notify DEQ.

Closure Notification Requirements: Notifying regarding closure of the facility requires submitting an 8700-12 form to DEQ no later than 30 days prior to closing the facility. The facility should notify using the 8700-12 form within 90 days after closing the facility that it has complied with the closure performance standards.

Closure Performance Standards: The closure performance standards must be met at the time of overall facility closure. LQGs have the option of meeting the closure performance standards at the time of closing a waste accumulation unit, or wait until they close their facility. LQGs accumulating hazardous wastes in containers must close the accumulation area as a landfill if the closure performance standards of 40 CFR § 262.17 (a)(8) cannot be met, i.e. the unit cannot be clean closed.

Consolidation of Hazardous Waste from VSQG

LQGs may accumulate hazardous waste received from Very Small Quantity Generators (VSQGs) under the control of the same person as defined in 40 CFR § 260.10, on-site without a storage permit or interim status and without complying with the requirements of 40 CFR § 124, 264 and 270 and the notification requirements of section 3010 of RCRA as described in 40 CFR § 262.17(f). However, other requirements must be met. Please visit DEQ’s web site for information regarding VSQG consolidation by LQG

Reporting and Recordkeeping Requirements

Biennial Reporting Requirements: LQGs or a generator whose generator status is found to be LQG for at least one month of an odd-numbered year (reporting year) or facilities that treated, stored, recycled, or disposed of hazardous waste on site or shipped hazardous waste off-site to a RCRA permitted treatment, storage, recycling and disposal facility, or received hazardous waste from off-site generators without storing the waste before recycling, must complete and submit an EPA Form 8700-13 A/B to DEQ by March 1st of the following even-numbered year and must cover generator activities during the previous year as required in 40 CFR § 262.41 (a). This requirement applies to LQG’s that receive hazardous waste from VSQGs pursuant to 40 CFR § 262.17(f) as required in 40 CFR § 262.41(b). Please visit DEQ’s web site for information regarding Biennial Reporting.

Recordkeeping Requirements: LQGs are required to maintain records, including manifest copies, test or analysis results, inspection logs, reports, Department letters, contract recycling agreements, etc., as required in 40 CFR § 262.17. All records and manifests must be kept on file for a minimum of three years as required in 40 CFR § 262.40.

Shipping and Delivering Requirements

A LQG must ensure shipment or delivery of hazardous wastes to permitted or interim status treatment, storage, or disposal facility, or an approved recycling facility.

Pre-Shipping Requirements: A LQG must prepare waste for shipment in accordance with DOT requirements for proper containers and labeling. A transporter/disposal contractor may assist in meeting these requirements and preparing the manifest. However, the generator always holds ultimate responsibility to ensure that all requirements are met. Pre-transport requirements applicable to LQGs can be found in 40 CFR § 262 Subpart C.

Manifest Requirements: Shipments of hazardous waste off-site must be accompanied by uniform hazardous waste manifests. Manifest requirements applicable for LQGs can be found in 40 CFR § 262 Subpart B.EPA Form 8700-22, the federal Uniform Hazardous Waste Manifest, is the proper document to use. Virginia does NOT require generators to submit the 'State Copy' of the manifest to DEQ.

Land Disposal Restriction Requirements: LQGs must ensure that Land Disposal Restricted (LDR) wastes are properly identified and that the appropriate notifications accompany the manifest to the designated facility. There is no standardized form document issued by the DEQ or required under federal regulations for this requirement. Most waste disposal contractors provide their own forms.

Table - Large Quantity Generator Regulations

This table was designed to offer generators an overview of the LQG regulations and do not include all applicable citations. 
Regulations  Citation
Definition of Large Quantity Generator 40 CFR § 260.10
Accumulation Time Limit 40 CFR § 262.17(a)
Accumulation in Containers 40 CFR § 262.17(a)(1), (§ 262.17(a)(1) also references part 265 subparts AA, BB, CC)
Accumulation in Tanks 40 CFR § 262.17(a)(2) references part 265 subparts J, AA, BB, CC
Accumulation on Drip Pads 40 CFR§ 262.17(a)(3), (§ 262.17(a)(3), (§ 262.17(a)(3) also references part 265 subpart W)
Accumulation in Containment Buildings 40 CFR§ 262.17(a)(4), (§ 262.17(a)(4) also references part 265 subpart DD)
Marking and Labeling 40 CFR § 262.17(a)(5)
Preparedness, Prevention, and Emergency Procedures 40 CFR § 262.17(a)(6) references part 262 Subpart M
Personnel Training 40 CFR § 262.17(a)(7)
Closure 40 CFR § 262.17(a)(8)
Land Disposal Restrictions 40 CFR § 262.17(a)(9)
Extension of Accumulation Times 40 CFR § 262.17(b)
Accumulation of F006 40 CFR § 262.17(c) through (e)
Accepting waste from VSQGs under the control of the same person to consolidate before sending to TSDF 40 CFR § 262.17(f)
Rejected Loads 40 CFR § 262.17(g)
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Virginia Department of
Environmental Quality
P.O. Box 1105
Richmond, VA 23218
(804) 698-4000


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