Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Applicability.
This part applies to all generators for purposes of
determining generator size.
Subp.
2.
Large quantity generator.
A large quantity generator is a generator who, in a calendar
month, generates 1,000 kilograms of hazardous waste or more.
Subp. 3.
Small quantity
generator.
A small quantity generator is a generator who, in a calendar
month, generates more than 100 kilograms and less than 1,000 kilograms of
hazardous waste.
Subp. 4.
Very small quantity generator.
A very small quantity generator is a generator who, in a
calendar month, generates 100 kilograms of hazardous waste or less.
Subp. 4a.
Acute hazardous
waste generation and spill cleanup.
A generator of acute hazardous waste is a large quantity
generator if, in a calendar month, that person generates:
A. more than one kilogram of acute hazardous
waste; or
B. more than 100
kilograms of any residue or contaminated soil, water, or other debris resulting
from the cleanup of a spill of any acute hazardous waste into or on any land or
water.
A generator who generates less than the amounts in items A
and B of acute hazardous waste in a calendar month shall determine his or her
generator size under subparts
2 to
4. Hazardous waste quantity
determinations under subparts
2 to
4 shall include the amount of
acute hazardous waste generated.
Subp. 5.
Waste exempt from size
determination.
A generator shall not include the following waste when
determining the quantity of hazardous waste generated:
A. exempt waste under part
7045.0120;
B. recycled waste under part
7045.0125, subparts
4,
5, and
6;
C. used oil, excluding hazardous waste which
has been mixed with used oil under part
7045.0800, that is exempt under
part
7045.0125, subpart 3a;
D. sewered hazardous waste that is pretreated
as provided in part
7045.0305, subpart
2;
E. for mixtures of nonhazardous waste and
hazardous waste, waste that is nonhazardous under part
7045.0102, provided that the
volume of the hazardous waste before mixing is counted;
F. spent materials that are generated,
reclaimed, and subsequently reused on site, provided that the spent materials
have been counted once; and
G.
universal waste managed under part
7045.1400.
Subp. 6.
Change in generator size
status.
If a small quantity generator exceeds the quantity limits
listed in subpart
3, the generator loses small
quantity generator status and is subject to all the generator requirements of
this chapter unless the generator regains small quantity generator status under
item A or B.
If a very small quantity generator exceeds the quantity
limits listed in subpart
4, the generator loses very
small quantity generator status and is subject to the small quantity generator
requirements of this chapter unless very small quantity generator status is
regained under item A or C.
A. Once
generator size status is lost, the generator shall not regain that status until
the generator is notified in writing by the commissioner that the original
generator size status has been approved. The commissioner shall only approve
generator size status under this item if the generator can demonstrate to the
satisfaction of the commissioner that the waste quantities that will be
generated in the future will meet the limits established in subpart
3 or
4, as applicable. The
generator shall make this demonstration by submitting a written statement to
the commissioner requesting reclassification as a small or very small quantity
generator, as applicable, and including the information necessary for the
commissioner to evaluate the request. The information shall include an
explanation of the circumstances that resulted in each instance of
overgeneration during the past year, an explanation of the measures that the
generator has taken to correct the cause of overgeneration, and other
information as necessary to document that the overgeneration will not
reoccur.
B. For small quantity
generators, if the quantity of hazardous waste generated in any calendar month
exceeds the quantities listed in subpart
3 and the cause of the
overgeneration is a spill or accidental release of hazardous waste that is not
acute hazardous waste; the shutdown or cleanup of some part of the generation
process; or the replacement of PCB containing equipment, the generator loses
small quantity generator status and is subject to all the generator
requirements of this chapter. However, in any of these cases, a generator will
automatically regain small quantity generator status without applying to the
commissioner for approval if the generator:
(1) resumes generation within the quantity
limits in subpart
3; and
(2) complies with the quantity limits in
subpart
3 during the other 11 months
of the calendar year.
A generator who cannot automatically regain small quantity
generator status under this subpart may apply for reclassification under item
A.
C. For very
small quantity generators, if the quantity of hazardous waste generated in any
calendar month exceeds the quantities listed in subpart
4 but does not exceed the
quantity listed in subpart
3, the generator loses very
small quantity generator status and is subject to the small quantity generator
requirements of this chapter. However, a generator shall automatically regain
very small quantity generator status without applying to the commissioner for
approval if the generator:
(1) resumes
generation within the quantity limits in subpart
4; and
(2) complies with the quantity limits in
subpart
4 during the other 11 months
of the calendar year.
A generator who cannot automatically regain very small
quantity generator status under this subpart may apply for reclassification
under item A.
A very small quantity generator who generates hazardous waste
in any calendar month exceeding the quantities listed in subpart
3 is subject to item A or
B.
Statutory Authority: MS s
116.07
