Hazardous Waste Counting Rules
On This Page:
- How to Count Hazardous Waste & Determine Generator Category
- Common Exemptions for Hazardous Waste
- Examples of Counting Residues
- Legitimate Recycling
- Additional Assistance
Generators of hazardous waste must determine their generator category and follow the applicable regulations for that category. A generator's category is based on the amount of hazardous waste generated each month and the total amount of hazardous waste accumulated on-site. A generator's category may change from month to month.
How to Count Hazardous Waste & Determine Generator Category
Below are procedures to determine whether a generator is a conditionally exempt small quantity generator (CESQG), a small quantity generator (SQG), or a large quantity generator (LQG) for a particular month. These procedures apply to generators of acute hazardous and/or non-acute hazardous waste.
- Record the container weight of the hazardous waste and subtract it from the total amount of hazardous waste generated in step 2, unless the container is considered to be part of the hazardous waste. For example, if an aerosol can has hazardous constituents, the container weight of the can will be included in the total amount of hazardous waste generated. See DEC's policy for Counting Container & Packaging Weights (PDF, 85 KB).
- Count the total amount of hazardous waste generated in the calendar month (identify acute hazardous waste and non-acute hazardous waste separately). Refer to 6 NYCRR 371.1(e)(1) (link leaves DEC website) to determine if the waste is excluded from counting. Some common wastes that are excluded from counting include household hazardous wastes and used oil.
- Subtract any amounts of waste that are exempt from counting from the total amount of hazardous waste. Refer to Common Exemptions for Hazardous Waste below for examples.
- Determine the amount of residues that have to be counted toward the total amount of hazardous waste generated in the calendar month. Refer to Examples of Counting Residues below for example scenarios.
- Determine your resulting generator category for the hazardous waste you generated using the tables below.
First calculate the amount of waste that you generated in the current calendar month:
| Acute Hazardous Waste Generated per Calendar Month | Non-acute Hazardous Waste Generated per Calendar Month | Hazardous Waste Cleanup Residue Generated per Calendar Month | Generator Category |
|---|---|---|---|
| > 1 kg (> 2.2 lb.) | Any amount | Any amount | Large quantity generator (LQG) |
| Any amount | ≥ 1,000 kg (≥ 2,200 lb.) | Any amount | Large quantity generator (LQG) |
| Any amount | Any amount | > 100 kg (> 220 lb.) | Large quantity generator (LQG) |
| ≤ 1 kg (≤ 2.2 lb.) | > 100 kg and < 1,000 kg (> 220 lb. and < 2,200 lb.) | ≤ 100 kg (≤ 220 lb.) | Small quantity generator (SQG) |
| ≤ 1 kg (≤ 2.2 lb.) | ≤ 100 kg (≤ 220 lb.) | ≤ 100 kg (≤ 220 lb.) | Conditionally exempt small quantity generator (CESQG) |
Then note the total amount of hazardous waste that you have accumulated on-site:
| On-Site Accumulation Limits | Generator Category |
|---|---|
| ≤ 1000 kg (≤ 2,200 lb.) non-acute hazardous waste | Conditionally exempt small quantity generator (CESQG) |
| ≤ 6000 kg (≤ 13,200 lb.) non-acute hazardous waste and stored on-site for up to 180 days, or 270 days if being transported over 200 miles | Small quantity generator (SQG) |
| > 6000 kg (> 13,200 lb.) non-acute hazardous waste and stored on-site for up to 90 days | Large quantity generator (LQG) |
| > 1 kg (> 2.2 lb.) acute hazardous waste and stored on-site for up to 90 days |
Large quantity generator (LQG) |
Generators must meet both the generation rate and the accumulation limits associated with a particular generator category in order to operate under those standards. If a generator meets different categories for their generation rate and on-site accumulation, they must comply with the highest generator category that they meet based on those two criteria. For example, if a generator generates 100 lb. of non-acute hazardous waste in a given calendar month (CESQG generation rate), but has accumulated 2,400 lb. of non-acute hazardous waste on-site (SQG accumulation amount) then they must comply with the SQG requirements for managing their hazardous waste.
Common Exemptions for Hazardous Waste
These are examples of some wastes that are not counted when determining the amount of hazardous waste generated.
- Recyclable materials under 6 NYCRR 371.1(g)(1)(iii) (link leaves DEC website), such as hazardous scrap metal. These materials must be legitimately recycled. Please refer to Legitimate Recycling below for the criteria for legitimate recycling.
- Containers that held hazardous waste that have been emptied according to 6 NYCRR 371.1(h) (link leaves DEC website).
- Wastes that are immediately managed upon generation in an elementary neutralization unit, wastewater unit, or totally enclosed treatment facility.
- Universal waste managed under 6 NYCRR 374-3 (link leaves DEC website). Refer to DEC's Universal Waste page for more information.
Examples of Counting Residues
The scenarios below can be used for situations where a generator must count residues towards their generator category. Companies with on-site solvent recycling operations are a common example of generators who must count their residues.
Scenario 1
Background: Company A has an on-site solvent recycling process. The solvent is an F005 listed waste and the solvent is stored before recycling (aka "prior storage").
On January 1, Company A generates 100 gallons solvent where 90 gallons of the solvent is recycled and 10 gallons is residue. The amount of hazardous waste counted is 100 gallons.
On January 15, Company A again needs 100 gallons of solvent for their process. Company A replenishes the 10 gallons of residue that was removed during the recycling process with 10 gallons of new solvent and combines it with 90 gallons of recycled solvent stored for recycling. The company does not add any more solvent to their process for the rest of January. The amount of hazardous waste counted from this process for the month of January is 110 gallons. (100 gallons from January 1 and 10 gallons of new solvent from January 15 that replenished the residue from the first run).
On February 1, Company A decides to replenish another 10 gallons of residue with 10 gallons of new solvent and combine it with the 90 gallons of recycled solvent for its process. The amount of hazardous waste counted is 100 gallons because it's the start of a new month.
Scenario 2
Background: Company B has an on-site solvent recycling operation on-site. The solvent is an F001 listed waste and the solvent is not stored before recycling (aka "no prior storage").
On January 1, Company B puts 100 gallons of solvent into their manufacturing process. After use the solvent is immediately recycled and 10 gallons of residue are generated from the recycling process. The amount of hazardous waste counted is 10 gallons.
On January 15, Company B again needs 100 gallons of solvent for their process. After use, Company B immediately recycles the solvent and 10 gallons of residue are generated. The amount of hazardous waste counted from this process for the month of January is 20 gallons. (10 gallons of residue from the first run on January 1 and 10 gallons of residue from the second run on January 15).
On February 1, Company B generates 100 gallons of waste solvent and immediately recycles it, and 10 gallons of residue are generated. The amount of hazardous waste counted is 10 gallons because it is the start of a new month.
In this scenario the solvent that enters the recycling process is not counted, but the residues from the recycling process are counted.
Legitimate Recycling
For a hazardous material to be considered "legitimately recycled" it must meet these four criteria:
- The hazardous material provides a useful contribution to a process or product;
- The product or manufacturing intermediate made from the hazardous material is valuable;
- The hazardous material is managed as a valuable commodity; and
- The product from the recycling process is comparable in composition to a legitimate product or intermediate - i.e., no Toxics Along for the Ride (TARs).
Generators that are operating under exemptions or exclusions for hazardous materials being sent for reclamation, recycling, or reuse must file a C7 Notification with DEC prior to sending the material off-site for reclamation, recycling, or reuse.*
*Generators do not need to submit C7 Notifications to DEC for used electronics directed for dismantling and recycling regulated under 6 NYCRR 371.1(g)(1)(iii)('b') or 371.1(e)(1)(xxi); precious metals regulated under 6 NYCRR 374-1.6; used lead acid batteries regulated under 6 NYCRR 374-1.7; or dental amalgam regulated under 6 NYCRR 374-4 (links leave DEC website). Generators still need to keep the information required in this form in their records on-site, keep them up-to-date, and provide this information to DEC inspectors upon request, even if the generator is not required to submit a C7 notification to DEC before they begin using one of these exemptions or exclusions.
Additional Assistance
If you require assistance with a particular hazardous waste issue that is not addressed by the guidance above, you may contact DEC for technical assistance by phone at (518) 402-8652 or by email at info.sqg@dec.ny.gov.
