Rule 303.
(1) A
generator shall determine its generator category. A generators category is
based on the amount of hazardous waste generated each month and may change from
month to month. This rule sets forth procedures to determine whether a
generator is a very small quantity generator, a small quantity generator, or a
large quantity generator for a particular month.
Table 1 Generator Categories Based on Quantity of Waste
Generated in a Calendar Month
Acute Hazardous Waste
|
Non-acute Hazardous Waste
|
Severely Toxic Hazardous Waste
|
Residues from Cleanup of Acute or Severely Toxic
Hazardous Waste
|
Generator Category
|
> 1 kg
|
Any amount
|
> 1 kg
|
Any amount
|
Large quantity generator
|
Any amount
|
>= 1,000 kg
|
Any amount
|
Any amount
|
Large quantity generator
|
Any amount
|
Any amount
|
Any amount
|
> 100 kg
|
Large quantity generator
|
<= 1 kg
|
> 100 kg and < 1,000 kg
|
<= 1 kg
|
<= 100 kg
|
Small quantity generator
|
<= 1 kg
|
<= 100 kg
|
<= 1 kg
|
<= 100 kg
|
Very small quantity generator
|
(2)
A generator who generates acute hazardous waste, non-acute hazardous waste, or
severely toxic hazardous waste in a calendar month shall determine its
generator category for that month by doing all of the following.
(a) Counting the total amount of hazardous
waste generated in the calendar month.
(b) Subtracting from the total any amounts of
waste exempt from counting as described in subrules (4) and (5) of this
rule.
(c) Determining the resulting
generator category for the hazardous waste generated using table 1 of this
rule.
(3) A generator who
generates acute or severely toxic hazardous waste and non-acute hazardous waste
in the same calendar month shall determine its generator category for that
month by doing all of the following:
(a)
Counting separately the total amount of acute hazardous waste, the total amount
of severely toxic hazardous waste, and the total amount of non-acute hazardous
waste generated in the calendar month.
(b) Subtracting from each total any amounts
of waste exempt from counting as described in subrules (4) and (5) of this
rule.
(c) Determining separately
the resulting generator categories for the quantities of acute hazardous waste,
severely toxic hazardous waste, and non-acute hazardous waste generated using
table 1 of this rule.
(d) Comparing
the resulting generator categories from subdivision (c) of this subrule and
applying the more stringent generator category to the accumulation and
management of both non-acute hazardous waste and acute or severely toxic
hazardous waste generated for that month.
(4) When making the monthly quantity-based
determinations required by this rule, the generator shall include all hazardous
waste that it generates, except hazardous waste that:
(b) Is managed immediately upon generation
only in on-site elementary neutralization units, wastewater treatment units, or
totally enclosed treatment facilities.
(c) Is recycled, without prior storage or
accumulation, only in an on-site process subject to regulation under
R
299.9206(1)(c).
(e) Is spent lead-acid batteries managed
under
R 299.9804.
(g) Is a hazardous waste that is an unused
commercial chemical product listed in part 2 of these rules or exhibits 1 or
more characteristics in
R
299.9212, that is generated solely as a result of a
laboratory clean-out conducted at an eligible academic entity under R
299.9315.
(h) Is managed as part of
an episodic event in compliance with R 299.9316.
(5) In determining the quantity of hazardous
waste generated in a calendar month, a generator need not include any of the
following:
(a) Hazardous waste when it is
removed from on-site accumulation if the hazardous waste was previously counted
once.
(b) Hazardous waste generated
by onsite treatment, including reclamation, of the generators hazardous waste
if the hazardous waste that is treated was previously counted once.
(c) Hazardous waste spent materials that are
generated, reclaimed, and subsequently reused on site if the spent materials
have been previously counted once.
(6) Based on the generator category
determined under this rule, the generator shall meet all of the applicable
independent requirements listed in
R
299.9301. A generators category also determines which
provisions of
R
299.9301 to
R
299.9307 must be met to obtain an exemption from the
licensing, interim status, and operating requirements when accumulating
hazardous waste.
(7) Hazardous
wastes generated by a very small quantity generator may be mixed with wastes.
Very small quantity generators may mix a portion or all its hazardous waste
with waste and remain subject to
R
299.9304 even though the resultant mixture exceeds the
quantity limits identified in the definition of very small quantity generator,
unless the mixture exhibits 1 or more of the characteristics of hazardous waste
identified in
R
299.9212. If the resulting mixture exhibits a
characteristic of a hazardous waste, the resultant mixture is a newly-generated
hazardous waste. The very small quantity generator shall count both the
resultant mixture amount plus the other hazardous waste generated in the
calendar month to determine if the total quantity exceeds the very small
generator calendar month quantity limits identified in the definition of
generator categories. If so, to remain exempt from the licensing, interim
status, and operating standards, the very small quantity generator shall meet
the conditions for exemption applicable to either a small quantity generator or
a large quantity generator. The very small quantity generator shall meet the
independent requirements for either a small quantity generator or a large
quantity generator. If a very small quantity generators wastes are mixed with
used oil, the mixture is subject to part 8 of these rules. Any material
produced from a mixture by processing, blending, or other treatment is also
regulated under part 8 of these rules.
(8) Hazardous wastes generated by a small
quantity generator or large quantity generator may be mixed with waste. These
mixtures are subject to the mixture rule in
R
299.9203(1)(c), (2)(b) and (c), and
(7); the prohibition of dilution rule in
40 CFR
268.3(a); the land disposal
restriction requirements in
40 CFR
268.40 if a characteristic hazardous waste is
mixed with a waste so that it no longer exhibits the hazardous characteristic;
and the hazardous waste determination requirement in
R 299.9302. If the resulting mixture
is a hazardous waste, the resultant mixture is a newly-generated hazardous
waste. A small quantity generator shall count both the resultant mixture amount
and the other hazardous waste generated in the calendar month to determine if
the total quantity exceeds the small quantity generator calendar monthly
quantity limits identified in the definition of generator categories. If so, to
remain exempt from the licensing, interim status, and operating standards, the
small quantity generator shall meet the conditions for exemption applicable to
a large quantity generator. The small quantity generator shall also comply with
the applicable independent requirements for a large quantity
generator.