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Hazardous Waste Generator Categories: What VSQG, SQG and LQG Status Requires Each Month
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Hazardous Waste Generator Categories: What VSQG, SQG and LQG Status Requires Each Month

Your RCRA generator category is a monthly calculation under 40 CFR 262.13. What VSQG, SQG and LQG status requires, and why Kansas still runs its own rules.

by iSi Environmental

40 CFR 262.13 carries a sentence most hazardous waste programs never act on: “A generator’s category is based on the amount of hazardous waste generated each month and may change from month to month.” Generator status is a monthly arithmetic result at one site. Plants tend to treat it as a registration tier they hold for years, and that is where the exposure starts. Accumulation time, container marking, training, contingency planning, manifesting and reporting all attach to whichever category the site landed in for that calendar month. When an inspector shows up, the question is which category applied in March, and whether the site can prove it.

Where the current generator category structure came from

The framework practitioners work in today came from EPA’s Hazardous Waste Generator Improvements Rule, 81 FR 85732 (November 28, 2016), effective May 30, 2017, docket EPA-HQ-RCRA-2012-0121. EPA called it over 60 revisions and new provisions. Three of those moves matter when you are trying to place a site in a category.

It pulled the category rules out of 40 CFR 261.5 and consolidated them into Part 262, creating 262.13 for category determination and counting, 262.14 for very small quantity generators, 262.15 for satellite accumulation, 262.16 for small quantity generators, 262.17 for large quantity generators, and 262.18 for EPA identification numbers and re-notification. It renamed the conditionally exempt small quantity generator (CESQG) as the very small quantity generator (VSQG). And it added two voluntary flexibility programs: VSQG consolidation at an LQG under the control of the same person (262.14(a)(5)(viii) and 262.17(f)), and episodic generation under Part 262 Subpart L.

Two later federal amendments are live and get missed. 88 FR 54086 (August 9, 2023), effective December 7, 2023, restored requirements that the 2016 rule had dropped from the VSQG over-limit lists at 262.14(a)(3) and (a)(4), fixed cross references in 262.16, and clarified that a compliant generator is exempt from RCRA section 3010 notification only in its TSDF sense and still files the Site ID form. 89 FR 99727 (December 11, 2024), effective February 10, 2025, finalized five amendments EPA had pulled from the 2023 direct final rule in a December 6, 2023 partial withdrawal. It fixed the SQG acute accumulation limit at 1 kilogram in 262.16(b)(1) and narrowed the LQG unit-closure notice language at 262.17(a)(8)(i). Three other proposed corrections were never finalized and do not take effect. Eight years after the effective date, EPA was still repairing the text.

The federal rule is the baseline rather than the governing law. RCRA is delegated. EPA’s adoption tracker, last updated October 8, 2026, shows the Generator Improvements Rule still not adopted in eight states and “Authorized for the Rule” in only 22. Kansas and Nebraska are both in the not-adopted set. In a state with an authorized program, the state regulation is the enforceable text and EPA enforces the state rule.

The three thresholds in 262.13 Table 1 that set your generator category

Table 1 of 262.13 has three columns, and almost everyone reads one of them. Non-acute hazardous waste is the familiar column: 100 kg or less per calendar month is VSQG, more than 100 kg and less than 1,000 kg is SQG, 1,000 kg (2,200 lb) or more is LQG.

The second column is acute hazardous waste, meaning the acute F-listed wastes in 261.31 and the P-listed commercial chemical products in 261.33(e). More than 1 kg of acute waste in a calendar month makes the site an LQG on its own. One kilogram is roughly a quart of discarded P-listed material.

The third column is the one that catches plants with no change in production volume at all: residues from the cleanup of acute hazardous waste, meaning contaminated soil, water and debris. More than 100 kg of that in a month is an LQG month. A single P-listed release that generates 101 kg of contaminated absorbent and soil puts the site in the LQG rule set for that month, with the LQG program obligations attached.

Then 262.13(b) closes the door on arbitrage. A generator that produced both acute and non-acute waste counts each stream separately, subtracts the exclusions from each, applies Table 1 to each, and then applies the most stringent resulting category to all of that month’s waste.

How do I know if I am a VSQG, SQG or LQG?

Count one calendar month at one site in three separate tallies and apply 40 CFR 262.13 Table 1. Non-acute: 100 kg or less is VSQG, more than 100 kg and under 1,000 kg is SQG, 1,000 kg or more is LQG. More than 1 kg acute waste, or more than 100 kg of acute spill residue, makes you an LQG regardless.

The site boundary matters as much as the arithmetic. A generator is defined “by site” in 40 CFR 260.10, and EPA issues identification numbers on a by-site basis (EPA, Frequent Questions About Hazardous Waste Generation, updated September 1, 2026). A corporate rollup number across four plants is not a generator category. Neither is a fiscal period or a rolling 30 days. The rule says calendar month.

Generator category requirements compared: VSQG, SQG and LQG

Federal baseline only. Read the state section below before applying any cell in Kansas or Nebraska.

RequirementVSQGSQGLQG
Non-acute monthly generation100 kg or less (262.13 Table 1)More than 100 kg and less than 1,000 kg (262.13 Table 1)1,000 kg or more (262.13 Table 1)
Acute monthly generation (261.31 acute F-codes, 261.33(e) P-codes)1 kg or less (262.13 Table 1)1 kg or less (262.13 Table 1)More than 1 kg (262.13 Table 1)
Acute spill-residue monthly generation100 kg or less (262.13 Table 1)100 kg or less (262.13 Table 1)More than 100 kg (262.13 Table 1)
Accumulation time limitNo federal clock while at or under the on-site limits (262.14(a)(5)). 90 days once more than 1 kg acute or 100 kg acute residue is on site (262.14(a)(3)(i)). 180 days, or 270 days where applicable, once 1,000 kg non-acute is on site (262.14(a)(4)(i))180 days (262.16(b)); 270 days if transporting 200 miles or more (262.16(c))90 days (262.17(a)); 180 days for F006 only under 262.17(c), 270 days for F006 transported 200 miles or more under 262.17(d)
ExtensionNone stated for a compliant VSQG (262.14)Up to 30 days, case by case, Regional Administrator discretion (262.16(d))Up to 30 days, case by case, Regional Administrator discretion (262.17(b)); F006 exception under 262.17(e)
On-site quantity limit1,000 kg non-acute, 1 kg acute, 100 kg acute residue before the stricter conditions attach (262.14(a)(3) and (a)(4)); 6,000 kg absolute cap once over the non-acute trigger (262.14(a)(4)(ii))6,000 kg non-acute and 1 kg acute, never to be exceeded (262.16(b)(1))No general cap (262.17 sets none); 20,000 kg for F006 under 262.17(c)(3)
Notification and EPA IDNot required to notify under RCRA 3010 while compliant (262.14(a)); must notify as a VSQG under 262.18(a) through (c) once over the acute or 1,000 kg triggers (262.14(a)(3)(iii), (a)(4)(iv)); needs an EPA ID to use Subpart L (262.232(a)(3))EPA ID required (262.18(a)); Site ID Form 8700-12 (262.18(b)); re-notify every 4 years by September 1 (262.18(d)(1))EPA ID required (262.18(a)); Site ID Form 8700-12 (262.18(b)); re-notify by March 1 of each even-numbered year (262.18(d)(2))
Personnel trainingNo federal training standard in 262.14“Thoroughly familiar with proper waste handling and emergency procedures,” scaled to job duties (262.16(b)(9)(iii)). No written program or record standard specifiedFormal program: classroom, online or on-the-job, directed by a trained person (262.17(a)(7)(i)); complete within 6 months (262.17(a)(7)(ii)); annual review (262.17(a)(7)(iii)); four record types kept on site (262.17(a)(7)(iv))
Contingency planningNone in 262.14Basic emergency procedures only: an emergency coordinator on premises or on call at all times, posted information, and the preparedness and prevention equipment and arrangements set in 262.16(b)(8) and (b)(9)Full written contingency plan under Part 262 Subpart M (262.17(a)(6)): content per 262.261, copies submitted to local responders per 262.262(a), quick reference guide per 262.262(b) for anyone newly subject after May 30, 2017 or amending the plan, emergency coordinator per 262.264
Biennial reportingNot required (262.41 applies only to LQGs)Not required (262.41 applies only to LQGs)Required if an LQG for at least one month of an odd-numbered year, due March 1 of the following even year on Form 8700-13 A/B (262.41(a))
ManifestsNot required while compliant and shipping to a 262.14(a)(5) destination; required once over the acute or 1,000 kg triggers (262.14(a)(3)(iv), (a)(4)(v)) and for episodic shipments (262.232(a)(5))Required, Part 262 Subpart B (262.20 et seq.), with 262.44 recordkeepingRequired, Part 262 Subpart B, with Subpart D recordkeeping and reporting
Satellite accumulation availableNot as a VSQG. 262.15 is written “for small and large quantity generators” and is offered instead of 262.16(b) or 262.17(a), neither of which binds a compliant VSQG. It becomes available only once a VSQG trips 262.14(a)(3) or (a)(4) and picks up those conditionsYes (262.15(a)), plus 262.16(b)(8) and (b)(9) at the satellite area (262.15(a)(7))Yes (262.15(a)), plus Subpart M at the satellite area (262.15(a)(8))
Closure obligationsNone in 262.14None in 262.16Unit closure notice or performance standards (262.17(a)(8)(i)); facility closure notice 30 days before and certification within 90 days after (262.17(a)(8)(ii)); satellite areas excluded (262.17(a)(8)(v))
Air emission standardsNone in 262.14Not imposed by 262.16Part 265 Subparts AA, BB and CC for containers (262.17(a)(1)(i)); Subpart J plus AA through CC for tanks (262.17(a)(2))

How to count one month at one site

Fix the site boundary and the calendar month first. Then list every hazardous waste generated at that site during the month: waste accumulated on site before disposal or recycling, waste placed directly into an on-site treatment or disposal unit, and still bottoms or sludges pulled from storage tanks (EPA, Frequent Questions About Hazardous Waste Generation, Q2). Waste sitting in satellite accumulation areas counts. EPA is explicit on that point: “Generators must include all the hazardous waste in the various SAAs in their monthly quantities.”

Making the hazardous waste determination itself is a separate obligation under 262.11, and 88 FR 54086 clarified 262.11(d) and (g). We cover that work, and the $996,703 Denka settlement behind it, in a dedicated post on hazardous waste determination requirements under RCRA.

Subtract the nine counting exclusions at 262.13(c): waste exempt under 261.4(c) through (f), 261.6(a)(3), 261.7(a)(1) or 261.8; waste managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units or totally enclosed treatment facilities; waste recycled without prior storage or accumulation only in an on-site process under 261.6(c)(2); used oil managed under 261.6(a)(4) and Part 279; spent lead-acid batteries managed under Part 266 Subpart G; universal waste managed under 261.9 and Part 273; unused commercial chemical products from an eligible academic entity laboratory clean-out under 262.213; waste managed as part of an episodic event in compliance with Subpart L; and hazardous waste pharmaceuticals under Part 266 Subpart P.

Then subtract the three do-not-double-count items at 262.13(d): waste removed from on-site accumulation that was already counted once, waste generated by on-site treatment or reclamation of waste already counted once, and spent materials generated, reclaimed and reused on site that were already counted once.

Split what is left into the three tallies, apply Table 1 to each, and take the worst answer for all of that month’s waste under 262.13(b). Two more mechanics catch people. Mixtures are treated as newly generated waste that gets added to the month’s total under 262.13(f), so a VSQG whose mixture pushes the month past the VSQG limits has to meet SQG or LQG conditions from there. And category is about generation, while accumulation limits are separate conditions. A site that generates 40 kg a month but lets 1,000 kg of non-acute waste sit on site has tripped 262.14(a)(4) and now owes a 180-day clock, a 6,000 kg cap, manifests and VSQG notification, while remaining a VSQG by category.

Nothing in 262.13 specifies a format for the counting record, which is exactly why the monthly log is the practitioner’s defense. It is the only document that proves which rule set applied in a given month, and it is the premise of every other compliance decision made that month.

Accumulation limits by generator category

How much hazardous waste can a very small quantity generator accumulate on site?

Up to 1,000 kg (2,200 lb) of non-acute waste, 1 kg of acute waste and 100 kg of acute spill residue, per 40 CFR 262.14(a)(3) and (a)(4). Crossing the 1,000 kg line starts a 180-day clock (270 where applicable), caps you at 6,000 kg, and triggers manifesting and VSQG notification.

Crossing the acute lines is faster and harsher. More than 1 kg of acute waste on site, or more than 100 kg of acute spill residue, puts a 90-day hold time on the VSQG under 262.14(a)(3)(i) along with the notification and manifesting conditions at 262.14(a)(3)(iii) and (iv).

How long can a small quantity generator store hazardous waste?

180 days under 40 CFR 262.16(b), extended to 270 days under 262.16(c) when the waste must be transported 200 miles or more for off-site management. The only further relief is up to 30 additional days, granted case by case at the Regional Administrator’s discretion for unforeseen, temporary and uncontrollable circumstances (262.16(d)).

Two SQG caps sit alongside the clock and have no grace period: 6,000 kg of non-acute waste and 1 kg of acute waste on site, never to be exceeded under 262.16(b)(1). EPA set that 1 kilogram acute figure in the December 11, 2024 final rule over a commenter’s objection, and told generators who need more time with acute waste to operate as LQGs instead.

How long can a large quantity generator accumulate hazardous waste?

90 days under 40 CFR 262.17(a), with up to 30 additional days available only case by case from the Regional Administrator (262.17(b)). There is no general on-site quantity cap for an LQG; the single quantity ceiling in the section is 20,000 kg, and it applies only to F006 under 262.17(c)(3).

Do not build a shipping schedule that assumes the extension. It is discretionary, it is case by case, it is capped at 30 days, and EPA’s own guidance conditions it on unforeseen, temporary and uncontrollable circumstances. In an authorized state the request goes to the state rather than the Regional Administrator.

Satellite accumulation is where the inspection starts

What are the satellite accumulation area rules?

40 CFR 262.15(a) allows 55 gallons of non-acute waste, or 1 quart of acute liquid or 1 kg of acute solid, at or near the point of generation and under the control of the operator of the generating process. Containers stay closed, in good condition, compatible, and marked “Hazardous Waste” plus a hazard indication.

“Under the control of the operator of the generating process” is the condition that fails most often. A drum in a corridor two departments away from the press that fills it is not a satellite container, whatever the label says. Satellite containers also do not need an accumulation start date until the limit is exceeded, which is a different rule from the central accumulation area and gets conflated constantly.

What happens if a satellite container goes over 55 gallons?

40 CFR 262.15(a)(6) gives you three consecutive calendar days. Within that window, either bring the area into full central accumulation area compliance or move the excess to a compliant CAA, an on-site permitted or interim status unit, or an off-site designated facility. Mark the container with the date the excess began accumulating.

Three consecutive calendar days means Friday afternoon to Monday morning is already most of the window. In the central accumulation area, 262.17(a)(5)(i)(C) requires the accumulation start date to be “clearly visible for inspection on each container,” and weekly inspections are required at 262.17(a)(1)(v) for LQGs and 262.16(b)(2)(iv) for SQGs. Our survey of what inspection data shows about common hazardous waste violations puts container and date findings at the top, and the federal consent agreements agree.

When the generator category moves

What happens when my generator category changes?

Category is redetermined each calendar month under 40 CFR 262.13, and moving up means the stricter rule set applies to all of that month’s waste. Moving to LQG brings the 90-day limit, formal training within six months, a Subpart M contingency plan with quick reference guide, and re-notification by March 1 of each even-numbered year (262.18(d)(2)).

The LQG program has to exist before the LQG month, not after it. Training within six months of hire or reassignment with annual review and four record types retained under 262.17(a)(7); a written contingency plan meeting 262.261 with copies submitted to local responders under 262.262(a) and the quick reference guide under 262.262(b); Part 265 Subparts AA, BB and CC air standards on containers; closure notices under 262.17(a)(8). A site that becomes an LQG in July and starts building that program in August was an LQG without an LQG program for a full month, and the record shows it.

Can a one-time project keep me from becoming a large quantity generator?

Yes, once per calendar year. 40 CFR Part 262 Subpart L lets a VSQG or SQG manage a planned or unplanned episodic event without changing category, if you notify on Form 8700-12 30 days before a planned event or within 72 hours of an unplanned one, label containers “Episodic Hazardous Waste,” and ship within 60 calendar days.

Subpart L is the most under-used provision in the generator rules, and the 30-day notice is what makes it unavailable to most people who need it. A maintenance lead who schedules a tank cleanout for next month can still use it. One who finished the cleanout last week cannot, and that month counts at whatever the arithmetic says. A second event is available only by petition to the Regional Administrator under 262.233. Miss the 60-day ship-out and EPA’s implementation guidance is direct: the waste “must be counted toward the generator’s monthly generation levels.” Episodic records are kept three years from the event end date.

Can a VSQG send hazardous waste to our own large quantity generator site?

Yes, under 40 CFR 262.14(a)(5)(viii) and 262.17(f), if both sites are under the control of the same person. The LQG must notify EPA at least 30 days before the first shipment on Form 8700-12, keep shipment records three years, date-mark units, and manage the received waste as LQG waste. The provision is optional for states.

That last sentence does the real work for a multi-site company. EPA classifies both VSQG consolidation and episodic generation as less stringent than the prior regulations, and EPA’s implementation FAQ states that provisions less stringent than the previous regulations do not have to be adopted by states. Cross-state consolidation works only “as long as both states have adopted the consolidation provision.” A Wichita CESQG cannot route waste to a Missouri LQG under 262.17(f), because Kansas has not adopted the rule that created it, and Kansas does not have a VSQG category to begin with. On the LQG side, the date to mark on a commingled container is the earliest date any waste in that container was accumulated on site (262.17(f)(3)).

Notification and reporting on the standing calendar

Does a small quantity generator have to file a biennial report?

No. 40 CFR 262.41(a) applies only to a generator that was a large quantity generator for at least one month of an odd-numbered year, and the report is due March 1 of the following even-numbered year on EPA Form 8700-13 A/B. SQGs instead re-notify every four years by September 1 under 262.18(d)(1).

The SQG re-notification cycle runs 2021, 2025, 2029. LQGs re-notify by March 1 of each even-numbered year under 262.18(d)(2) and may submit it with the Biennial Report. The next federal report year on the clock is 2027, due March 1, 2028, for anyone who was an LQG for at least one month of 2027. The mechanics of that filing are in our post on hazardous waste biennial reports due March 1. Note what the trigger is: one LQG month out of twelve creates the obligation, which is another reason the monthly determination log is the governing document.

What enforcement actually charges

When a generator misses its category’s conditions, the legal theory is that it lost the conditional exemption and is therefore storing hazardous waste without a permit. Becton Dickinson and Company, docket RCRA-03-2025-0100, filed August 7, 2025, was charged that way for its Sparks, Maryland distribution warehouse. The company self-identified as a Large Quantity Generator in Biennial Reports dated February 25, 2022 and February 12, 2024, EPA alleged it failed to meet the LQG exemption conditions, and the permit requirement then applied. Civil penalty $23,091.

The four counts were unpermitted storage, container lids, missed weekly inspections, and training records. The pallet-level marking finding sat inside the first count, as one of the conditions the site had failed and therefore lost the exemption over. Three pallets of fiber containers were labeled “Hazardous Waste” and dated “3/3/23”; the individual containers inside were not. Count four was the absence of annual refresher training records for 2020 and 2021, which is a records finding rather than a finding that training never happened.

In an authorized state, the citation is the state rule. Becton Dickinson was charged under Maryland COMAR Title 26 Subtitle 13, not 40 CFR Part 262. University of Kansas Medical Center, docket RCRA-07-2025-0010, EPA ID KSD076274737, civil penalty $11,250, was charged under a mix of 40 CFR 262.11(a) for failing to determine whether fluorescent lamps, paint pails and lead acid batteries were hazardous waste, plus Kansas K.A.R. 28-31-262(c)(6) for keeping more than one container of the same waste stream in a single satellite area, two 1-liter containers of waste xylene and two containers of paraformaldehyde waste under 2 liters each, and K.A.R. 28-31-262(c)(7) for 17 satellite containers not marked “hazardous waste,” along with 40 CFR 265.173(a), 265.174, 273.13(d)(1), 273.14(a), 273.14(e) and 279.22(c). The satellite accumulation counts were Kansas counts under the Kansas pre-Generator-Improvements text, not under 40 CFR 262.15.

Inspection coverage is uneven, and EPA’s own auditor says so. EPA Office of Inspector General report 26-E-0025, April 28, 2026, found that across 2020 through 2024 EPA and authorized states inspected 5,499 of 6,827 LQGs, or 81%, and that EPA and some authorized states “did not fully meet their commitment” to inspect every LQG within five years. States on alternative inspection plans averaged 65% coverage. Of 8,800 inspections, 4,661 found at least one violation and 23,404 violations were identified, while only 861 of 5,156 enforcement actions were formal and 535 carried a penalty. Median penalties ran $18,750 for EPA-led inspections and $11,999 for state-led. At the same time EPA reported 2,127 civil enforcement cases completed in FY2025, the highest in nine years, with over $650 million in civil penalties. Coverage gaps and enforcement volume are both real.

What is the current RCRA penalty for a hazardous waste violation?

$93,058 per violation under 42 USC 6928(g) and $124,426 per day of noncompliance under 42 USC 6928(a)(3), per 40 CFR 19.4 Table 1 for penalties assessed on or after January 8, 2025. No 2026 increase was made: OMB Memorandum M-26-11 cancelled the 2026 adjustment, so 2025 levels carry forward.

Those are the figures in effect for 2026, unchanged from 2025. OMB Memorandum M-26-11, dated April 17, 2026, cancelled the 2026 civil penalty inflation adjustment because the lapse in appropriations prevented BLS from publishing October 2025 CPI-U, which left no cost-of-living multiplier and no statutory alternative. Agencies were directed to continue using the 2025 civil monetary penalty levels, and the current column of 40 CFR 19.4 Table 1 still reads “assessed on or after January 8, 2025.” Failure to comply with a compliance order under 42 USC 6928(c), and violation of a RCRA 3008(h) corrective action order under 42 USC 6928(h)(2), each run $74,943 per day at the same 2025 levels. The last multiplier EPA actually applied was 1.02598, in the January 8, 2025 rule at 90 FR 1375. Any 2026 content telling you RCRA penalties went up this year is wrong, and the firm that knows the figures are flat is the firm that also knows which figure applies to which subsection.

The Kansas problem: the Generator Improvements Rule is not Kansas law

Does the Generator Improvements Rule apply in Kansas?

No. EPA’s adoption tracker, last updated October 8, 2026, shows Kansas as “No” for both adopted and authorized. Kansas generators follow K.A.R. Article 28-31, which still incorporates 40 CFR Part 262 as in effect July 1, 2006, still uses “conditionally exempt small quantity generator,” and adds a Kansas small quantity generator category at 25 to 100 kg per month.

This is the single most consequential finding for a plant in iSi’s home territory, and it inverts the usual advice. A Wichita site that reorganizes its waste program around 262.13 through 262.17 is complying with a regulation KDHE does not enforce, while missing K.A.R. obligations KDHE does.

Kansas runs four categories where the federal rule runs three. K.A.R. 28-31-260a defines a conditionally exempt small quantity generator as under 25 kg (55 lb) per month, a Kansas small quantity generator (KSQG) as 25 kg to 100 kg (55 lb to 220 lb) per month, and a large quantity generator as 1,000 kg (2,200 lb) or more per month. There is no VSQG in Kansas. K.A.R. 28-31-262 adopts 40 CFR Part 262 “as in effect on July 1, 2006” with Kansas exclusions and modifications, effective April 29, 2011, and it lowers the 262.42 and 262.44 thresholds from “greater than 100 kilograms” to “25 kilograms or more.”

The Kansas satellite rule is also its own text. K.A.R. 28-31-262(c) allows 55 gallons or less “in no more than one container, of each type of hazardous waste,” 1 quart for acutely hazardous waste, marking as “Hazardous Waste,” and three days to move the container once it no longer qualifies. The one-container limit is the divergence that produced the University of Kansas Medical Center counts. K.A.R. 28-31-262a then adds state requirements with no federal counterpart: KSQG storage area inspections at least once every 31 days, KSQG employee training within six months of hire or transfer with annual repetition and three-year records, and an annual state report with a monitoring fee under K.A.R. 28-31-10. A KSQG that accumulates more than 1,000 kg has to meet all SQG requirements. Kansas LQG annual state reports are due March 1 in each year the biennial report is not required; Kansas SQG and KSQG annual reports are due April 1.

Because Kansas never adopted the Generator Improvements Rule, neither of its flexibility programs exists for a Kansas site. No Subpart L episodic generation. No 262.17(f) VSQG consolidation, in state or across a state line.

StateAdopted the ruleAuthorizedWhat actually governsDivergences that change the answer
Kansas (KDHE)NoNoK.A.R. Article 28-31; K.A.R. 28-31-262 adopts 40 CFR Part 262 as in effect July 1, 2006, effective April 29, 2011Four categories. CESQG under 25 kg/month, KSQG 25 to 100 kg/month, LQG 1,000 kg/month or more (K.A.R. 28-31-260a). Satellite limited to one container per waste type (K.A.R. 28-31-262(c)). 31-day KSQG storage inspections, six-month KSQG training, annual state report and monitoring fee (K.A.R. 28-31-262a)
Missouri (DNR)YesNo10 CSR 25-5.262, incorporating 40 CFR Part 262 as of July 1, 2024, with no subsequent amendments; amended filing July 10, 2024, effective February 28, 2025State registration required for generators producing 262.13 Table 1 quantities in a month; VSQGs may register voluntarily with initial and annual renewal fees under 10 CSR 25-12.010. An alternative satellite option exists per waste stream, one container per stream, each dated, removed within three calendar days after one year, when full, or at the volume limit. A facility uses the federal option or the Missouri option in a given area, never both at once. Where rules in 10 CSR 25 conflict, the more stringent controls
Oklahoma (DEQ)YesNoOAC 252:205; 252:205-3-1 adopts the federal hazardous waste regulations as amended through July 1, 2024, most recent amendment effective 9-15-24; 252:205-3-2(d) incorporates Part 262 except Subpart HGenerator Improvements Rule text is Oklahoma law. 262.14(a)(5)(iv) and (v) are modified to add “other than Oklahoma” after “state.” LQGs submit copies of signed manifests at least quarterly for waste shipped outside the United States (252:205-5-5). Annual monitoring and inspection fees of $300 for generators and $25 for small quantity generators (252:205-21-2, 252:205-21-4(c))
Nebraska (DEE)NoNoTitle 128, Nebraska Hazardous Waste Regulations, effective July 6, 2016, which predates the May 30, 2017 federal effective date; definitions adopt 40 CFR 260.10 as revised July 1, 2014Uses “conditionally exempt small quantity generator,” not VSQG. Title 128 Chapter 1 sets CESQG at no more than 100 kg per month with no more than 1,000 kg accumulated, small quantity generator at more than 100 kg and less than 1,000 kg per month with a 6,000 kg on-site cap, large quantity generator at 1,000 kg or more per month, and acute waste at 1 kilogram. Accumulation time limits sit in Title 128 Chapters 8 through 10 and have to be read there

The sequence for a multi-state operator is state rule first, federal second. In Missouri, picking a satellite accumulation option is an actual decision, and mixing the federal option with the Missouri option in one area is itself a violation.

Who gets caught by category math

Manufacturing and fabrication plants with parts washers, paint lines, plating lines or solvent wipe programs sit in the 100 to 1,000 kg band and drift over the 1,000 kg line in months with a changeover or a coating trial. Maintenance and reliability organizations generate the classic Subpart L fact pattern: a turnaround, a tank cleanout, an inventory purge of expired chemicals. Done without the notification, that is simply an LQG month with no LQG program behind it.

Multi-site companies with small service branches, labs or satellite shops get hurt by the by-site counting rule, especially where a cross-state consolidation plan runs into a state that never adopted 262.17(f). Facilities that had a spill get hurt by the acute spill-residue column. Healthcare, university and laboratory operations get hurt at the satellite container, which is where the University of Kansas Medical Center case started.

Construction and demolition contractors carry a version of this problem with a different owner question attached, and we handle that separately in RCRA on the job site.

Make the determination a standing calendar item

The monthly category determination, the weekly central accumulation area inspection, the four-year SQG re-notification, the even-year LQG re-notification and the biennial report are a recurring calendar, and they do not fit the project model most plants use for environmental work. A site that looks at its generator category only when something goes wrong has a structural gap in the program rather than a paperwork problem. One person carrying that whole calendar alone is the same gap with a name on it.

iSi builds and runs that calendar for industrial and manufacturing sites, including the monthly counting log, the satellite and central accumulation walkthrough, and the state overlay that decides which rule book a Kansas or Missouri plant is actually working from. If the generator category question is open at your site, start with environmental compliance. If the answer is that nobody owns the monthly determination, the EHS COOP program puts a project manager on the standing tasks month to month and gives you the rest of the technical staff for one price. Either way, call us and you get a same-day response.

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