Small Quantity Generators Must Re-Notify EPA of Status by September 1

The first small quantity generator (SQG) re-notification required by the U.S. Environmental Protection Agency (EPA) 2016 Hazardous Waste Generator Improvements Rule is due by September 1, 2021.

The rule finalized a new requirement for all SQGs of hazardous waste to re-notify the EPA of their hazardous waste activities every four years. SQGs are categorized as facilities that generate more than 100 kilograms (approximately 220 pounds), but less than 1,000 kilograms (approximately 2,200 pounds), of hazardous waste per month.

As noted above, the first re-notification is due by September 1, 2021, and then every four years thereafter (September 1, 2025; September 1, 2029; etc.). According to the EPA, the purpose of the re-notification requirement is to “improve the SQG universe data and to maintain more accurate data into the future for outreach, compliance assistance and oversight activities.”

To notify the EPA, SQGs must complete and submit the Notification of Resource Conservation and Recovery Act (RCRA) Subtitle C Activities (Site Identification Form) in full, also known as EPA Form 8700-12, or state equivalent (find the federal paper form here). Some states have opted into the electronic reporting system MyRCRAID for submitting the EPA Site ID form, and online submission is encouraged if it is an option.

Previously, SQGs were only required to complete the Notification of Regulated Waste Activity Form (8700-12) when they applied for an EPA identification number. Unlike for large quantity generators (LQGs) that have always had to report biennially, the lack of SQG reporting made it difficult for the EPA to have accurate hazardous waste generation information, know about business closures and more. Now that SQGs will have to notify the EPA every four years, the EPA will have a better record of the number of hazardous waste generators across the country.

This re-notification requirement is only in effect for SQG generators located in states that have adopted the Hazardous Waste Generator Improvement Rule (HWGIR). The HWGIR provides a needed update to the hazardous waste generator regulations, with the goal of simplifying hazardous waste management by allowing greater flexibility in how entities dispose of hazardous waste. As more states work toward putting the Final Rule into effect, Clean Earth is tracking the status of rulemaking, including timelines for public comment and adoption. See the latest here.

As one of the most trusted leaders of environmental and regulated waste management services, Clean Earth is committed to consistently monitoring the ever-changing regulatory environment. All SQG customers are able to connect with Clean Earth for help navigating re-notification. SQGs are also encouraged to read the implementation memo for more information.

The information, content and materials provided in this “Small Quantity Generators Must Re-Notify EPA of Status by September 1” blog and in related materials (“Content”) does not, and is not intended to, constitute legal advice, nor is it prepared by lawyer or law firm or as the product of any attorney-client relationship. Content is provided "as is;" no representations are made that the content is error-free. Content is available for general informational purposes only and may not constitute the most current legal or other information.  Recipients of the Content assume all responsibility and risk arising from its use and reliance upon the Contact and should contact an attorney to obtain advice before acting or refraining to act on the Content.  All liability with respect to actions taken or not taken based on the Contents is hereby expressly disclaimed.