A generator shall determine the generator's generator category.
A generator's category is based on the amount of hazardous waste generated each
month and may change from month to month. This rule provides procedures to
determine whether a generator is a "very small quantity generator," a "small
quantity generator," or a "large quantity generator," as defined in rule
3745-50-10
of the Administrative Code, for a particular month.
(A) Generators of either acute hazardous
waste or non-acute hazardous waste. A generator who generates either acute
hazardous waste or non-acute hazardous waste in a calendar month shall
determine the generator category for that month by doing all of the following:
(1) Counting the total amount of hazardous
waste generated in the calendar month.
(2) Subtracting from the total any amounts of
waste exempt from counting as described in paragraphs (C) and (D) of this
rule.
(3) Determining the resulting
generator category for the hazardous waste generated using the table of this
rule.
(B) Generators of
both acute and non-acute hazardous wastes. A generator who generates both acute
hazardous waste and non-acute hazardous waste in the same calendar month shall
determine the generator category for that month by doing all of the following:
(1) Counting separately the total amount of
acute hazardous waste and the total amount of non-acute hazardous waste
generated in the calendar month.
(2) Subtracting from each total any amounts
of waste exempt from counting as described in paragraphs (C) and (D) of this
rule.
(3) Determining separately
the resulting generator categories for the quantities of acute and non-acute
hazardous waste generated using the table of this rule.
(4) Comparing the resulting generator
categories from paragraph (B)(3) of this rule and applying the more stringent
generator category to the accumulation and management of both non-acute
hazardous waste and acute hazardous waste generated for that month.
Table - Generator categories based on quantity of waste in
kilograms (kg) generated in a calendar month
Quantity of acute hazardous waste generated in a
calendar month
|
Quantity of nonacute hazardous waste generated in a
calendar month
|
Quantity of residues from a cleanup of acute hazardous
waste generated in a calendar month
|
Generator category
|
Greater than 1 kg
|
Any amount
|
Any amount
|
Large quantity generator
|
Any amount
|
Greater than or equal to 1,000 kg
|
Any amount
|
Large quantity generator
|
Any amount
|
Any amount
|
Greater than 100 kg
|
Large quantity generator
|
Less than or equal to 1 kg
|
Greater than 100 kg and less than 1,000
kg
|
Less than or equal to 100 kg
|
Small quantity generator
|
Less than or equal to 1 kg
|
Less than or equal to 100 kg
|
Less than or equal to 100 kg
|
Very small quantity generator
|
(C) When making the monthly quantity-based
determinations required by Chapter 3745-52 of the Administrative Code, the
generator shall include all hazardous waste that the generator generates,
except hazardous waste that conform to any of the following:
(2) Is
managed immediately upon generation only in "on-site elementary neutralization
units," "wastewater treatment units," or "totally enclosed treatment
facilities" as defined in rule
3745-50-10
of the Administrative Code.
(3) Is
recycled, without prior storage or accumulation, only in an on-site process
subject to regulation under paragraph (C)(2) of rule
3745-51-06
of the Administrative Code.
(4) Is
used oil managed in accordance with paragraph (A)(4) of rule
3745-51-06
and Chapter 3745-279 of the Administrative Code.
(5) Is spent lead-acid batteries managed in
accordance with rule
3745-266-80
of the Administrative Code.
(6) Is
universal waste managed in accordance with rule
3745-51-09
and Chapter 3745-273 of the Administrative Code.
(7) Is a hazardous waste that is an unused
commercial chemical product (listed in rules
3745-51-30
to
3745-51-35
of the Administrative Code or exhibiting one or more characteristics in rules
3745-51-20
to
3745-51-24
of the Administrative Code) that is generated solely as a result of a
laboratory clean-out conducted at an eligible academic entity pursuant to rule
3745-52-213
of the Administrative Code. For purposes of this paragraph, the term "eligible
academic entity" shall have the meaning as defined in rule
3745-52-200
of the Administrative Code.
(8) Is
managed as part of an episodic event in compliance with the conditions of rules
3745-52-230 to 3745-52-233 of the Administrative Code.
(9) Is a "hazardous waste pharmaceutical," as
defined in rule 3745-266-500 of the Administrative Code, that is subject to or
managed in accordance with rules 3745-266-500 to 3745-266-510 of the
Administrative Code or is a hazardous waste pharmaceutical that is also a drug
enforcement administration controlled substance and is conditionally exempt
under rule 3745-266-506 of the Administrative Code.
(D) In determining the quantity of hazardous
waste generated in a calendar month, a generator need not include any of the
following:
(1) Hazardous waste when the
hazardous waste is removed from on-site accumulation, so long as the hazardous
waste was previously counted once.
(2) Hazardous waste generated by on-site
treatment (including reclamation) of the generator's hazardous waste, so long
as the hazardous waste that is treated was previously counted once.
(3) Hazardous waste spent materials that are
generated, reclaimed, and subsequently reused on site, so long as such spent
materials were previously counted once.
(E) Based on the generator category as
determined under this rule, the generator shall meet the applicable independent
requirements in rule
3745-52-10
of the Administrative Code. A generator's category also determines which of the
provisions of rule 3745-52-14, 3745-52-15, 3745-52-16, or 3745-52-17 of the
Administrative Code shall be met to obtain an exemption from the storage or
treatment facility permit, interim standards, and operating requirements when
accumulating hazardous waste.
(F)
Mixing hazardous wastes with wastes.
(1) Very
small quantity generator wastes.
(a) Hazardous
wastes generated by a very small quantity generator may be mixed with wastes.
Very small quantity generators may mix a portion or all of the very small
quantity generator's hazardous waste with waste and remain subject to rule
3745-52-14 of the Administrative Code even though the resultant mixture exceeds
the quantity limits identified in the definition of very small quantity
generator, unless the mixture exhibits one or more of the characteristics of
hazardous waste identified in rules
3745-51-20
to
3745-51-24
of the Administrative Code.
(b) If
the resulting mixture exhibits a characteristic of hazardous waste, this
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 whether the total
quantity exceeds the very small quantity generator calendar month quantity
limits identified in the definition of "very small quantity generator" in rule
3745-50-10
of the Administrative Code. If so, to remain exempt from the permitting,
interim standards, 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 also
shall comply with the applicable independent requirements for either a small
quantity generator or a large quantity generator.
(c) If a very small quantity generator's
wastes are mixed with used oil, the mixture is subject to Chapter 3745-279 of
the Administrative Code. Any material produced from such a mixture by
processing, blending, or other treatment is also regulated under Chapter
3745-279 of the Administrative Code.
(2) Small quantity generator and large
quantity generator wastes.
(a) Hazardous
wastes generated by a small quantity generator or large quantity generator may
be mixed with waste. These mixtures are subject to all of the following: the
mixture rule in paragraphs
(A)(2)(d)
(A)(2)(c), (B)(2), (B)(3), and (G)(2)(a) of rule
3745-51-03
of the Administrative Code; the prohibition of dilution at paragraph (A) of
rule
3745-270-03
of the Administrative Code; the land disposal restriction requirements of rule
3745-270-40
of the Administrative Code if a characteristic hazardous waste is mixed with a
waste so that the mixture no longer exhibits the hazardous characteristic; and
the hazardous waste determination requirement in rule
3745-52-11
of the Administrative Code.
(b) If
the resulting mixture is found to be a hazardous waste, this resultant mixture
is a newly-generated hazardous waste. A small quantity generator shall count
both the resultant mixture amount plus the other hazardous waste generated in
the calendar month to determine whether the total quantity exceeds the small
quantity generator calendar monthly quantity limits identified in the
definition of "small quantity generator" in rule
3745-50-10
of the Administrative Code. If so, to remain exempt from the permitting,
interim standards, and operating standards, the small quantity generator shall
meet the conditions for exemption applicable provisions to a large quantity
generator. The small quantity generator shall comply with the applicable
independent requirements for a large quantity generator.
Notes
Ohio Admin. Code
3745-52-13
Effective:
10/23/2022
Five Year Review (FYR) Dates: Exempt
Promulgated Under:
119.03
Statutory Authority:
3734.12
Rule Amplifies:
3734.12
Prior Effective Dates: 04/15/1981, 05/22/1981 (Emer.), 08/26/1981
(Emer.), 12/02/1981, 01/07/1983, 01/30/1986, 09/22/1986, 12/08/1988,
12/30/1989, 02/11/1992, 09/02/1997, 10/20/1998, 12/07/2000, 07/27/2001,
03/13/2002, 12/07/2004, 02/16/2009, 09/05/2010, 03/17/2012, 10/31/2015,
10/05/2020