Summary of TCEQ’s Industrial and Hazardous Waste “Generator Status” Rules & Regulations Once a company completes the waste determination process, the next step is determine its “Generator Status.” Generator status will ultimately determine the level of hazardous waste management regulations that a company must manage. How To Determine Your Generator Status? Generator status is determined by the quantity of Hazardous and/or Class 1 waste that the company generates each month.  In general, companies who generate less than 1/2 a 55 gal drum (or 220 lbs) per month of a hazardous waste is considered to be a “Conditionally Exempt Small Quantity Generator” (“CESQ”).  Companies who generate between 220 lbs and 2,200 lbs per month of Hazardous wastes are considered to be a “Small Quantity Generator,” and companies who generate more than 2,200 lbs per month of Hazardous waste are considered to be “Large Quantity Generators.”  As you may have guessed, CESQ results in the least amount of regulation, while LQG status creates the most additional regulation. Failure to determine generator status is one of the most common hazardous waste violations in Texas and results in significant fines and penalties every year. Here’s a quick summary of the major regulations that are triggered by each generator status level: Conditionally Exempt Small Quantity Generator:
  • Must conduct waste determinations
  • Must manifest all industrial waste shipments
  • Must maintain manifest file as records to demonstrate that wastes have been properly transported and disposed of
  • Must select and use DOT approved waste containers for storing and transporting waste streams (i.e.: 55 gal poly and steel drums, etc.)
  • Must properly label and store all waste streams
  • Must select approved and permitted waste transporter(s) and disposal facilities (TSDF)
  • If they ship hazardous wastes, must train their employees per DOT Hazardous Materials shipping requirements.
Small Quantity Generator:
  • Must conduct waste determinations for each waste stream
  • Must manifest all industrial waste shipments
  • Must maintain manifest file as records to demonstrate that wastes have been properly transported and disposed of
  • Must select and use DOT approved waste containers for storing and transporting waste streams (i.e.: 55 gal poly and steel drums, etc.)
  • Must properly label and store all waste streams
  • Must track monthly waste generation quantities for each waste stream
  • Must NOT store or accumulate more than 6,000 kg of waste on site
  • Must ship waste at least every 180 days.
  • Must select approved and permitted waste transporter(s) and disposal facilities (TSDF)
  • If they ship hazardous wastes, must train their employees per DOT Hazardous Materials shipping requirements
  • Must train their employees per initial RCRA (Resource Conservation & Recovery Act) waste regulations and follow up annual refresher training.
  • Must develop and maintain a Waste Reduction plan called a XXX (i.e.: P2 plan)
  • Must complete and maintain a Notice of Registration (i.e: “NOR”) using Texas’ STEERS system.  This is where companies make TCEQ aware that they’re an industrial waste generator and where all waste streams are listed and classified, etc..
  • Must submit an Annual Waste Summary each year.
  • Must have documented Emergency Procedures in place.
Large Quantity Generator:
  • Must conduct waste determinations for each waste stream
  • Must manifest all industrial waste shipments
  • Must maintain manifest file as records to demonstrate that wastes have been properly transported and disposed of
  • Must select and use DOT approved waste containers for storing and transporting waste streams (i.e.: 55 gal poly and steel drums, etc.)
  • Must properly label and store all waste streams
  • Must track monthly waste generation quantities for each waste stream
  • Must select approved and permitted waste transporter(s) and disposal facilities (TSDF)
  • Must ship waste off site at least every 90 days
  • If they ship hazardous wastes, must train their employees per DOT Hazardous Materials shipping requirements
  • Must train their employees per initial RCRA (Resource Conservation & Recovery Act) waste regulations and follow up annual refresher training.
  • Must maintain job descriptions for employees who are required to help manage hazardous waste operations.
  • Must develop and maintain a Waste Reduction or “P2” plan.
  • Must complete and maintain a Notice of Registration (i.e: “NOR”) using Texas’ STEERS system.  This is where companies make TCEQ aware that they’re an industrial waste generator and where all waste streams are listed and classified, etc..
  • Must submit an Annual Waste Summary each year
  • Must develop a written emergency contingency plan.
As you can see, the “higher” the generator status, the more regulations that a company must abide by and manage.  As you might also imagine, the higher the generator status, the more time, money and resources must be allocated in order to meet environmental compliance regulations. Regardless of generator status, companies should always strive to reduce or eliminate the industrial wastes that they generate, in fact this is mandated by the P2 plan requirement referenced above.  Reduction goals can be accomplished by replacing hazardous process chemicals with non-hazardous substitutes, introducing recycle or reclaim technologies into manufacturing processes, or optimizing manufacturing processes to reduce chemical usage and waste. It’s also very important to note that regardless of generator status, all companies have “cradle to grave” responsibility for proper management and disposal of their industrial wastes.  This means that the company will be held accountable for any potential transportation or disposal related problems “forever” regardless of fault.  Cradle to grave accountability can trigger, for example, if a truck carrying hazardous waste crashes and spills waste into the environment, or if the chosen disposal facility is later deemed a “Superfund” cleanup site by the EPA.  In either case, the waste generator will be expected to help pay for any potential cleanup and/or remediation related costs. On a final note, it’s important to note that this blog post is only intended to provide general hazardous waste management information and guidelines.  More specifics about these regulations can be found on TCEQ and EPA’s website or by contacting us for a free initial consultation.  

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