HAZARDOUS WASTE GENERATOR STATUS GUIDANCE

Hazardous Waste Program fact sheet
04/2014
Division of Environmental Quality Director: Leanne Tippett Mosby
PUB2224

Businesses that produce hazardous waste must follow certain federal and state laws and regulations. The laws and regulations that apply to you depend on the amount and type of hazardous waste your business generates. There are three waste generator categories:

1. Conditionally Exempt Small Quantity Generators

2. Small Quantity Generators

3. Large Quantity Generators

You cannot manage your business’ acute hazardous wastes separately from your other hazardous wastes. For example: You cannot maintain Large Quantity Generator status for your acute waste and maintain Small Quantity Generator status for all other hazardous wastes.

Change in Generator Status
According to the Code of State Regulations (CSR), businesses that generate or accumulate 100 kg or more of hazardous waste, or 1 kg or more of acutely hazardous waste, are required to register with the Missouri Department of Natural Resources (department). According to 10 CSR 25-5.262(2)(A)3.B., those businesses are also required to complete and file an updated Notification of Regulated Waste Activity form, whenever there is any change in:


You must submit a Notification of Regulated Waste Activity form with any updated information to the department. For a change in ownership, businesses must pay the usual registration fee.

If your proper street address changes, such as when a town renames a street or alters numbering on a block, your business will keep its original generator identification number. If your business changes locations, you will need to register the new location and request a new generator identification number using the Notification of Regulated Waste Activity form. Your old generator identification number is not transferable. The Notification of Regulated Waste Activity form is available on the department’s Web site at http://www.dnr.mo.gov/forms/780-0408.pdf.

You can also contact the department’s Hazardous Waste Program at 573-751-2524 to obtain a form.

Episodic Generators
Many businesses experience a one-time hazardous waste generation event where they produce more hazardous waste than their current generator status. This event could be caused by a change in product line, production error, recall of product, spill cleanup, inventory clean-out or similar event.  When this occurs and a Conditionally Exempt Small Quantity Generator business generates or stores over 100 kg (220 pounds) of hazardous waste, then the business’ generator status changes. The business is required to register as either a Small Quantity Generator or Large Quantity Generator, depending on how much hazardous waste was generated or stored. The business must also follow the regulations for that generator category including submitting a Generator Summary Report. This form is available on the department’s Web site at www.dnr.mo.gov/forms/780-1097.xls. After the one time generation event, the business can chose to return to their Conditionally Exempt Small Quantity Generator status as long as they no longer generate or accumulate at the higher level; however, hazardous waste fees and taxes will apply to the waste generated during the event.

When this type of event occurs at a Small Quantity Generator business, the event can be considered an episodic event, if it occurs only once in 12 months and the business does not store the extra waste for more than 30 days. Because the situation is temporary, the department considers the business to be in episodic generator status. There are three things to keep in mind when trying to decide if your business qualifies as an episodic generator:

1. Amount of hazardous waste currently at the business.
2. Amount of hazardous waste the business has produced in the past.
3. Amount of hazardous waste the business plans to produce in the foreseeable future.

You must notify the department of the episodic event in writing. Be sure to include the following information:

Send your notification by mail to the Missouri Department of Natural Resources, Hazardous Waste Program, P.O. Box 176, Jefferson City, Missouri 65102-0176 or by fax to 573-751-7869. If you notify the department of your episodic event immediately, you may continue to provide an annual Generator Summary Report. However, you are required to submit a biennial report to the U.S. Environmental Protection Agency if the event occurs in an odd numbered calendar year. For more information on biennial reporting, please contact the department’s Hazardous Waste Program at 573-751-3176.

Inspectors may check your hazardous waste records to make sure your business is classified in the correct hazardous waste generator category and is following the regulations for that category. You can simplify your business operations by remaining classified as a Large Quantity Generator if you believe your business will repeatedly cross the limit between Small Quantity Generator and Large Quantity Generator.

Episodic Generators - Example
A Conditionally Exempt Small Quantity Generator business performs a one-time clean out of its maintenance shed. One hundred kg of hazardous waste is produced as a result of the clean out. The business must register as a Small Quantity Generator with the department, provide the required hazardous waste reporting and pay the associated fees and taxes. The business must follow all Small Quantity Generator requirements while the waste remains on site. The business can return to Conditionally Exempt Small Quantity Generator status after the waste is transported and as long as they do not produce 100 kg or more in any one calendar month during the next 12 months or accumulate this amount at any one time. 

Storage of 1,000 kg of hazardous waste
Many requirements for Small Quantity Generator and Large Quantity Generator businesses are the same. However, according to 10 CSR 25-5.262(2)(C)2.A, you must meet additional requirements if your business does the following:

In this case, your business would keep its Small Quantity Generator status but would also need to meet some Large Quantity Generator requirements. These requirements include creating and maintaining a personnel training plan like those required for Large Quantity Generators and preparing and maintaining a contingency plan.

Usually Small Quantity Generator businesses decide it is not cost-effective to store hazardous waste because of the additional requirements. It is also important to remember that a Small Quantity Generator business cannot store more than 6,000 kg of hazardous waste, according to 40 CFR 262.34 (d)(1) without applying for a permit for hazardous waste storage.

Businesses that store over 1,000 kg of liquid hazardous waste, regardless of whether they are a Small Quantity Generator or a Large Quantity Generator must provide a containment system.

The containment system must have an impervious base and be free of cracks and gaps. The base of the containment system must be either sloped or the hazardous waste containers must be elevated off the base so that they are protected from contact with accumulated liquids. The containment system must either have a capacity equal to 10 percent of the total volume of all the liquid hazardous waste or the volume of the largest liquid hazardous waste container, whichever is greater. Finally, businesses must prevent liquids from entering the containment system and remove liquids as necessary to prevent overflow of the collection system.

Intermittent Generator Status
If you believe your business will not routinely store 1,000 kg of hazardous waste then you may be considered by the department to be an intermittent generator. To qualify as an intermittent generator your business

Intermittent generators do not need to meet the personnel training plan and contingency plan. If your business can not stay within the above limitations, then a personnel training plan and a contingency plan must be created and maintained on site. If your business stores 1,000 kg of liquid hazardous waste, you must have a containment system for the waste. 

Intermittent Generator Status - Examples
A Small Quantity Generator business regularly produces 200 kg of liquid hazardous waste in one calendar month. Once the business stores 1,000 kg or more of liquid hazardous waste, they must also meet the Large Quantity Generator personnel training and contingency plan requirements.

The business must also store their liquid hazardous waste in an appropriate containment system. Because the business only produces waste at the Small Quantity Generator rate, the Small Quantity Generator storage timeframe of 180 days (or 270 days if shipped 200 miles or more) still applies.

A Large Quantity Generator business produces over 1,000 kg of hazardous waste at one time. However, the waste is pumped directly from the production unit into a tank truck for transport. The business is not required to meet Large Quantity Generator accumulation standards, such as a contingency plan and personnel training, if the waste is not stored for more than 24 hours. The business must meet Large Quantity Generator accumulation standards if the waste is stored for more than 24 hours. Regardless of whether the waste is stored or not, the business is still a Large Quantity Generator due to the amount of hazardous waste they produce. Large Quantity Generator reporting requirements still apply.

For more information

Missouri Department of Natural Resources
Hazardous Waste Program
P.O. Box 176
Jefferson City, MO 65102-0176
1-800-361-4827 or 573-751-7560
www.dnr.mo.gov/env/hwp/index.html