Generator in the United States

Generator in Environmental Law

In environmental law, the person or business that creates hazardous waste or disposes of hazardous waste. The designation generator is important under two laws: the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the Resource Conservation and Recovery Act (RCRA).

Generators under CERCLA

CERCLA specifies who may be required to clean up hazardous waste sites; generators are one of the categories specified. Generators, like other people who can be held responsible for a cleanup, are jointly and severally liable for the cleanup. That means any one of them may have to finance the entire remedial action.

An example to illustrate the breadth of the term may be helpful. Company A uses solvents in its operation. After the solvents have been used a few times, they become wastes. Company A, then, is a generator, having created the hazardous waste. Company B is a lender with a security interest in Company A. Company A defaults on the loan, and Company B forecloses. After taking possession of the operation, Company B gets a waste hauler to come and get the solvents. Company B is also a generator. Finally, Company A’s property is a mess, and hazardous substances have been disposed of in a lagoon. Company B gets an environmental company, Company C, to handle the cleanup. Company C does not know much about actual cleanup, because it has never done one before. So Company C sends property off to another site, signing the manifests as the owner of the waste. Company C is also a generator.

Generators under RCRA

The focus of the Resource Conservation and Recovery Act is not the same as that of CERCLA, the Superfund law. RCRA established a method for dealing with waste from the time it is created through the time of disposal called a cradle to grave system. Generators under RCRA are not identified for the purpose of financing the cleanup of an abandoned hazardous waste site, but to manage the storage, disposal, and handling of hazardous waste. However, once identified as a generator under RCRA, the person will remain a generator if a problem occurs in the future.

RCRA sorts generators into three groups, based solely on the amount of hazardous waste generated at a facility during a month: small quantity, conditionally exempt small quantity, and large quantity generators. The two types of small quantity generators are subject to few requirements. A conditionally exempt small quantity generator creates or disposes of less than 100 kg of hazardous waste or 1 kg of extremely hazardous waste in a month. This generator is exempt from almost all requirements. Small quantity generators may dispose of up to 1,000 kg of hazardous waste or 10 kg of extremely hazardous waste in a month. These generators are not subject to short-term storage limits, manifesting, recordkeeping, or reporting requirements of RCRA. The large quantity generator (more than 1,000 kg of hazardous waste generated per month), however, is required to follow all of the requirements in the statute. Furthermore, states may demand more of each classification, particularly when the waste is being imported from another state.

General Requirements

Characterization

The first step in determining what type of regulations apply if any is analyzing what each waste stream is. A number of methods may be used to make this decision.

Hazardous waste will either be listed waste or characteristic waste. If it is listed (that is, if it is one of the substances that has been placed on the list of hazardous wastes), it may not be treated as nonhazardous waste unless the Environmental Protection Agency (EPA) delists it. Dilution, neutralization, or other means of treating a hazardous waste will not, by themselves, transform a hazardous waste into a nonhazardous waste. This policy may change, though, because the EPA has recognized the limits of this approach.

Characteristic waste exhibits one or more of these traits: ignitability, corrosivity, toxicity, or leachability. The reason for treating these wastes as hazardous is apparent: disposal without treatment can cause damage to the environment and threaten water supplies. Unlike listed wastes, characteristic wastes can be made nonhazardous simply by treating them. The aim of treatment is to eliminate the hazardous characteristic.

Waste is analyzed by running laboratory tests. These tests can be rather expensive, but if the generator does not know how the waste was produced or whether it exhibits one of the characteristics of hazardous wastes, the only way to find out is through scientific analysis. If the generator knows what substances were used in a process, it may be possible to narrow the focus of the tests to look for certain chemicals and specific characteristics. Results of testing or the reasons for determining that the waste was hazardous or nonhazardous must be retained for at least three years.

Notification and Entering the System

Once a generator knows it has hazardous waste to dispose of, it must notify the EPA and obtain an identification number unless it is otherwise exempt. If the generator has more than one site, each facility must obtain a different number, since the identification number applies to only one location.

The generator number becomes a tracking mechanism. It must be placed on shipping documents called manifests, which are extremely important to the RCRA scheme of regulating hazardous waste. The manifest, a multipage document, originates with the generator, then accompanies the waste through transport and disposal. When the generator gives the waste to the transporter, the transporter leaves a copy with the generator; the transporter then takes the waste to the treatment/storage/disposal facility, and the transporter receives a copy. The disposal facility must also send a copy to the generator. Generators are responsible for reporting to the EPA if they do not receive the manifest back from the final resting place of the hazardous waste, and they must maintain the copies for at least three years.

Storage

Storage containers must comply with the Department of Transportation rules for hazardous materials, which set out marking, labeling, placarding, and packaging instructions. All hazardous waste containers must be kept closed when not in use, and generators must inspect them for leaks and condition at least weekly. Hazardous wastes may not be placed in containers that are incompatible with them, and incompatible wastes, such as an acid and a base, may not be stored close to each other.

Records

The federal government requires reports to be filed every two years, but states often want annual reports. Both federal and state reports describe the disposal activity of the generator and identify the type of waste generated. If the generator exports hazardous waste, an annual report must also be filed, and again, the EPA must be notified of problems involving unreturned manifests through an exception report. Manifests and waste determinations must be maintained by the generator. All records should be kept at the site for at least three years, although they are often retained longer.

Emergency Response

Because hazardous wastes are dangerous, generators must develop an emergency response program for the employees. Training in handling the substances is required, and information must be posted on what to do in case of a release or other situation where employees or others may be exposed. Emergency contacts must be chosen as well.

The surrounding community is also entitled to information concerning the dangers at the facility, and the public is usually notified thro
ugh the procedures established by the Emergency Planning and Community Right ToKnow Act. Fire departments and other emergency response personnel must be informed of the presence of the hazardous waste in case they are called to the site.
Based on “Environment and the Law. A Dictionary”.

Generator