The U.S. Environmental Protection Agency (EPA) recently announced it has noticed that many facilities are unknowingly violating hazardous waste disposal regulations. The Agency is encouraging businesses, schools, and other small facilities to double-check how they handle hazardous waste to avoid costly violations.
“A common issue is shipping regulated amounts of hazardous waste without first obtaining the required EPA identification number,” states an Agency news release. “These mistakes often stem from confusion about how much hazardous waste a facility generates and what that means for compliance.”
“Many of these violations stem from misunderstanding, not malice,” says Regional Administrator Michael Martucci in the release. “We want to make sure businesses understand their legal obligations and take proactive steps to handle hazardous waste properly. It’s about protecting human health and the environment—and helping companies avoid costly mistakes.”
To address the problem, the Agency generally works with facilities through Expedited Settlement Agreements (ESAs), a tool that helps businesses fix the problem quickly and return to compliance with minimal penalty.
“The ESA approach generally is appropriate for easily correctible violations that do not cause significant health or environmental harm, and provides a discounted, non-negotiable settlement offer in lieu of a more formal, traditional administrative enforcement process,” states the Agency’s Revised Guidance on the Use of ESAs. “An ESA is typically a brief settlement agreement that the recipient may accept, at the offered penalty amount, within a specific amount of time. When the recipient accepts the offer in exchange for a reduced penalty and minimized transaction costs, the recipient agrees to waive its opportunity for a hearing and certifies, under penalty of perjury, that the violation(s) and harm from the violation(s) have been corrected, or will be corrected within a limited period of time as required by the EPA in the ESA, and, in some instances, that the recipient has taken steps to prevent future violations.”
Types of Facilities Impacted by Hazardous Waste Regulations
“If you run a small business, you may be generating more hazardous waste than you think,” Martucci notes in the release.
The rules apply to any facility that generates hazardous waste, including:
- Used paint, solvents, or thinners
- Expired lab or cleaning chemicals
- Disinfectants and sterilants
- Waste from auto work, art programs, or health services
Facilities that generate more than 100 kilograms (kg) (approximately 220 pounds) of hazardous waste in a month are required to notify the EPA and comply with additional handling and shipping regulations.
Many facilities—such as auto shops, dental and medical clinics, printers, schools, and laboratories—may unknowingly exceed this threshold.
Even facilities that generate less than 100 kg of hazardous waste per month are subject to specific requirements.
The EPA divides hazardous waste generators into three groups that are determined by the amount of waste they generate:
- Large quantity generators (LQGs): These generate 1,000 kg per month or more of hazardous waste or more than 1 kg per month of acute hazardous waste.
- Small quantity generators (SQGs): These generate more than 100 kg, but less than 1,000 kg, of hazardous waste per month.
- Very small quantity generators (VSQGs): These generate no more than 100 kg of hazardous waste and no more than 1 kg of acute hazardous waste per month.
VSQGs
VSQGs must comply with three basic waste management requirements:
- Identify all hazardous waste generated.
- Don’t store more than 1,000 kg of hazardous waste or 1 kg of acute hazardous waste on-site at any time.
- Ensure delivery of their hazardous waste to an off-site treatment or disposal facility that’s one of the following (or if they treat or dispose of their hazardous waste on-site, their facility also must be):
- A state or federally regulated hazardous waste treatment, storage, or disposal facility (TSDF).
- A facility permitted, licensed, or registered by a state to manage municipal or industrial solid waste.
- A facility that uses, reuses, or legitimately recycles the waste (or treats the waste before use, reuse, or recycling).
- A universal waste handler or destination facility subject to the universal waste requirements of 40 Code of Federal Regulations (CFR) Part 273. Universal wastes are hazardous wastes like batteries, recalled and collected pesticides, mercury-containing thermostats and other equipment, mercury-containing lamps, or aerosol cans.
Best Practice
“It’s a good idea to call the appropriate implementing agency to verify the TSDF you have selected has the necessary permits, etc.,” advises the EPA Summary of Requirements for VSQGs. “You also may want to confirm that the facility fits into one of the bulleted categories listed (above). Make sure to document your efforts to confirm these facts in your records.”
Waste Consolidation from VSQGs
VSQGs that are part of a larger company may be able to reduce their overall environmental liability, improve the management of hazardous waste, and reduce overall waste management costs by consolidating VSQG hazardous waste at an LQG within the larger company.
The first step is to check to see if the applicable state has adopted the VSQG-LQG consolidation provision from the EPA’s 2016 Generator Improvements Rule. If the company LQG location is in a different state, both states must adopt the consolidation regulations before this provision can be used. All VSQGs and the LQG must be under the control of the same company to participate in this consolidation option.
To begin consolidating, LQGs must notify the implementing agency that they plan to consolidate their VSQG waste at their facility using the EPA Site ID Form. This notification must be submitted at least 30 days before receiving the first shipment from one of their VSQGs. The LQGs would also fill out the addendum to the Site ID Form, listing the VSQGs that are participating in the program.
All the participating VSQGs need to do is mark their containers with the words “Hazardous Waste” and proper indication of the hazards of the contents. They would then ensure delivery of their waste to the LQG location, making sure it stays within the overall accumulation limit for VSQGs (less than 1,000 kg of nonacute hazardous waste or 1 kg of acute hazardous waste). The LQGs would then manage the VSQGs’ waste along with their own generated hazardous waste, following all LQG requirements.
What EPA Recommends
The EPA encourages facilities to:
- Check how much hazardous waste they generate monthly.
- Apply for EPA ID numbers using EPA Form 8700-12 if they generate more than 100 kg of hazardous waste in a month.
- Follow storage, labeling, and disposal rules based on generator category.
- Use the EPA’s online guidance to stay informed and in compliance.
These steps help avoid enforcement actions and protect your business, employees, and environment.
See the EPA Categories of Hazardous Waste Generators webpage for more information.