Q. Can we keep our CESQG status if we ship more than 220 lb (e.g. 400 lb) of waste accumulated over an extended period?
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A. Conditionally exempt generators (CESQGs) of hazardous waste have two main criteria to meet in order to maintain their CESQG status (and therefore be exempt from the more stringent hazardous waste responsibilities to which larger classes of hazardous waste generators are subject). The criteria relate to generation of hazardous waste and onsite accumulation of hazardous waste.
First, CESQGs must generate no more than 100 kg (i.e. about 220.5 lb) of hazardous waste per month.
Second, if at any time a CESQG accumulates more a total of 1,000 kg (i.e. about 2205 lb) or more of hazardous wastes, all of those accumulated hazardous wastes are subject to the regulations applicable to small quantity generators (SQGs), including the SQG accumulation time requirements (40 CFR 261.5(g)(2)). If a CESQG accumulates, at any time, more than 1 kg of acute hazardous waste or more than 100 kg of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of acute hazardous wastes, the accumulated wastes will be subject to the regulations applicable to large quantity generators (LQGs), including the LQG accumulation time requirements (40 CFR 261.5(f)(2)).
The weight of a manifested shipment, such as the 400 lb (i.e. about 882 lb) shipment to which you refer is not relevant to maintaining CESQG status, provided the CESQG has kept within its monthly limits for generating hazardous waste and within its accumulation limits.
In short, a CESQG loses its CESQG status whenever it generates more than 100 kg a month of hazardous waste or accumulates on site at any time 1,000 kg or more of hazardous waste, or accumulates more acute hazardous waste, or acute hazardous waste from a spill in the quantities mentioned.