Determining the Generator Category

The regulations set forth a procedure for generators to determine their generator categories. A generator who generates either acute hazardous waste or non-acute hazardous waste in a calendar month must determine the correct generator category for that month by doing the following:

• Determine the total amount of hazardous waste generated in the calendar month.
• Subtract that amount from the total of any amounts of waste exempt from counting.
• Based on the final amounts, determine the generator category.

A generator who generates both acute hazardous waste and non-acute hazardous waste in the same calendar month must determine the correct generator category for that month by doing the following:

• Count separately both the total amount of acute hazardous waste and the total amount of non-acute hazardous waste generated in the calendar month.
• Subtract from each total any amounts of waste that are exempt from counting.
• Based on the separate results, determine the resulting generator categories for both the quantities of acute and the quantities of non-acute hazardous waste generated.
• Determine the resulting generator categories and apply the more stringent generator category to the accumulation and management of both the non-acute hazardous waste and the acute hazardous waste generated for that month.

The regulations that spell out the types of waste that are exempt from counting when generators determine the monthly quantities of hazardous waste are set forth in 40 CFR 262.13.

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