Episodic Generation Regulatory Requirements


Reclassification of Status

Since a company's hazardous waste generator status is determined on a monthly basis, it is possible that a company's generator status can change from one month to the next, depending on the amount of waste generated in a particular month. If a company generates enough waste in a given month to classify the generation in a higher category, such as a small quantity generator (SQG) to large quantity generator (LQG), this is referred to as episodic generation.

Higher Generating Category Requirements

Companies generating enough waste to be placed in a higher category must comply with all regulatory requirements of that category until the waste is removed from the generator’s site.

For instance, if a company is operating as a SQG and one month out of the year exceeds its limits by producing more than 1,000 kg hazardous waste or more than 1 kg of acutely hazardous waste, the entity would then become a LQG and be subject to all applicable requirements of the new status during the period.  If the waste generated during the LQG status is mixed with waste generated during the period when the company was at a SQG category, all the waste is subject to full regulation until removal from site. The LQG waste produced during that month can then be stored onsite for only 90 days per regulation. Among other requirements, the company in this example must comply with personnel training provisions in accordance with §265.16, and must adhere to contingency plan requirements in Part 265, Subpart D.

Furthermore, the company will remain in the status for as long as the waste remains on site. Once the waste has been properly removed from the site, the generator may request to have its status changed back to the original status.

Notification Requirements

Episodic generators are required to notify the DEP by completing the 8700-12 RCRA Subtitle C Notification Form as well as the Episodic Generator Addendum.  For additional information regarding the episodic generator event provision please review 40 CFR 262.232.  The notification form and instructions for completing the addendum can be accessed by clicking here.

Biennial Reporting

If the company generates more than 1,000 kg of hazardous waste or more than 1 kg of acutely hazardous waste in a calendar month, anytime during a Biennial Reporting year, the company is required to complete a U.S. EPA Biennial Report for that year.

Waste Generator Fee

Under 33 CSR 24, a generator is subject to the fee of the highest generating status for the year. 33 CSR 24 states, "If the facility of a person subject to this rule is described by more than one of the categories identified in Section 5.1, only the category resulting in the highest fee shall apply. No person shall be required to pay more than one category of fees for each facility listed in section 5.1."

For questions, please contact Marjorie Skeens at (304) 926-0499 extension 1297 or e-mail her at Marjorie.A.Skeens@wv.gov.