Generator Status - Small Quantity Generator (SQG)

This summary is designed to assist SQG's 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 100 kilograms (220 lbs.) but less than 1,000 (2200 lbs) of non-acute hazardous waste; and less than or equal to 1 kilogram (2.2 lbs.) of acute hazardous waste listed in 40 CFR § 261.31 or 40 CFR § 261.33 (e) of this chapter; and less than or equal to 100 kilograms (220 lbs.) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill into or on any land, water, of any acute hazardous waste listed in 40 CFR § 261.31 or 40 CFR § 261.33 (e) of this chapter.

Determination

Identify:

SQGs 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 (f) clarifies for SQGs the implications of mixing a solid waste with a hazardous waste resulting in the generation of a new hazardous waste.

Manage

Hazardous waste managed in containers or tanks that are in good condition to prevent spills and releases to the environment that endangers human health.

Labeling Requirements: SQGs are required meet the following labeling requirements in accordance with 40 CFR § 262.16(b)(6): 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.

Labeling Requirements for Containment Buildings: The generator can keep this information in logs or records near the accumulation unit (waste piles, etc.). In practical terms, generators must already comply with applicable DOT regulations prior to sending their waste off-site to a RCRA permitted treatment, storage and disposal facility (TSDF). If a DOT label is used, it must be placed on the container when the hazardous waste is first generated. If another type of label is used when accumulating hazardous wastes on-site, it must be placed on the container when the hazardous waste is first generated.

Recordkeeping Requirements: SQGs may use logs, monitoring equipment or other records to demonstrate that hazardous waste is either emptied or removed from hazardous waste tanks within 180 days. Records must be kept on site, in close proximity to where hazardous waste is being accumulated in the tank, or if not practical (i.e., exposure to weather, physically infeasible, etc.) in a control room, or other central location at the facility, and readily available for inspections. The methods used to demonstrate that a tank has been emptied must be reasonable and easily discernible.

SQG Re-Notification: Beginning in 2021, and every four years thereafter, SQGs must notify Virginia DEQ that they still maintain their SQG category using EPA Form 8700-12 as stated in 40 CFR § 262.18 (d). This new requirement is designed to assist DEQ in understanding more accurately its SQG universe so that it can plan program activities and communicate more effectively with this universe of facilities.

Accumulating Hazardous Waste by SQGs on Drip Pads and in Containment Buildings: The regulations 40 CFR § 262.16 (b)(4) and (5) address the accumulation of hazardous wastes by SQGs on drip pads and in containment buildings, respectively. Accumulating hazardous waste in these types of units that are only generating quantities of hazardous wastes associated with SQGs have 180 days before having to ship its hazardous wastes off-site to a RCRA permitted TSDF. SQGs accumulating hazardous wastes in a containment building have only 90 days before having to send the waste off-site to a RCRA permitted TSDF; technical requirements for containment buildings found at 40 CFR § 265 Subpart DD.

Preparedness, Prevention and Emergency Procedures

Regulations regarding preparedness, prevention and emergency procedure for SQGs are addressed in 40 CFR § 262.16 (b)(8).

Arrangements with Local Authorities: SQGs maintain records documenting the arrangements with the local fire department as well as any other organization necessary to respond to an emergency. include documentation in the operating record that either confirms such arrangements actively exist or, in cases where no arrangements exist, confirms that attempts to make such arrangements were made in accordance with 40 CFR § 262.16 (b)(8)(vi).

Access to Communications or Alarm System: 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 paragraph (b)(8)(ii) of this section. 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 paragraph (a)(8)(ii) of this section.

SQGs Possessing 24-hour Response Capabilities: SQGs possessing 24-hour emergency response capabilities may seek a waiver from the authority having jurisdiction (AHJ) over the fire code within the facility's state or locality as far as needing to make arrangements with the local fire department as well as any other organization necessary to respond to an emergency, provided that the waiver is documented in the operating record.

Cleanup of Spills: In the event of a spill, the small quantity generator is responsible for containing the flow of hazardous waste to the extent possible, and as soon as is practicable, cleaning up the hazardous waste and any contaminated materials or soil. Such containment and cleanup can be conducted either by the small quantity generator or by a contractor on behalf of the small quantity generator.

Episodic Generation: SQGs may operate under streamlined requirements if they have a temporary change in their generator category as a result of an episodic event provided that certain requirements are met. SQGs can have one episodic event per calendar year with the ability to petition for a second episodic event. Episodic events can last 60-days. SQGs must notify DEQ about the episodic events using the Site ID form (EPA Form 8700-12). Wastes generated during the episodic event must be managed in accordance with Part 262 Subpart L. More information regarding regulations can be found on DEQ's website under Episodic Waste Generation.

Shipping and Delivering

SQGs should be aware that the Virginia Solid Waste Management Regulations do not allow the routine disposal of regulated hazardous waste, including liquid hazardous wastes, in a sanitary landfill per 9 VAC 20-81-140.B.4.b.

Table - Small Quantity Generator Regulations

This table was designed to offer generators an overview of the SQG regulations and do not include all applicable citations.

Regulation Citation
Definition of Small Quantity Generator 40 CFR § 260.10
Accumulation Time Limit 40 CFR § 262.16(b)
Accumulation Limit 40 CFR § 262.16(b)(1)
Accumulation in Containers 40 CFR § 262.16(b)(2)
Accumulation in Tanks 40 CFR § 262.16(b)(3)
Accumulation on Drip Pads 40 CFR § 262.16(b)(4)
referencespart 265 subpart W
Accumulation in Containment Buildings 40 CFR § 262.16(b)(5)
references part 265 subpart DD
Marking of Tanks and Containers 40 CFR § 262.16(b)(6)
Preparedness and Prevention 40 CFR § 262.16(b)(8) and (9)
Land Disposal Restrictions 40 CFR § 262.16(b)(7)
Transporting Over 200 Miles 40 CFR § 262.16(c)
Accumulation Time Limit Extension 40 CFR § 262.16(d)
Rejected Loads 40 CFR § 262.16(e)
Episodic Generation Part 262 Subpart L
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Virginia Department of
Environmental Quality
P.O. Box 1105
Richmond, VA 23218
(804) 698-4000


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