Current through Register Vol. 49, No. 13, September 23, 2024
Subpart
1.
Large quantity generator.
A large quantity generator may accumulate hazardous waste on
site without a permit or without having interim status if:
A. all accumulated hazardous waste is, within
90 days of the accumulation start date, treated on site in compliance with part
7045.0211 or shipped off site in
compliance with part
7045.0208;
B. the waste is placed as follows:
(1) in containers which meet the standards of
part
7045.0270, subpart
4, and are managed in
accordance with applicable requirements of parts
7045.0594, subpart
2; 7045.0596, subpart
3; 7045.0626; 7045.0645;
7045.0647; and 7045.0648;
(2) in
tanks provided the generator complies with the applicable requirements of parts
7045.0594, subpart
2; 7045.0596, subpart
3; 7045.0628; 7045.0645;
7045.0647; and 7045.0648, except part
7045.0628, subparts
9, item C, and 12;
(3) for wood preserving operations on drip
pads, provided the generator complies with parts
7045.0594, subpart
2; 7045.0596, subpart
3; and 7045.0644 and
maintains records containing a description of procedures that will be followed
to ensure that all wastes are removed from drip pads and associated collection
systems at least once every 90 days, and maintains documentation of the
quantities, dates, and times of each waste removal. Records relating to drip
pads must be maintained at the licensed site and must be easily available for
agency inspection;
C.
tanks and containers are clearly labeled with the waste accumulation start
date, which must be visible for inspection; or for tanks or containers that are
not used as shipping containers, the generator may maintain a clearly
designated and legible log of transactions which includes accumulation start
dates, clearly identifies each tank or container, and is available for
inspection;
D. storage areas are
protected from unauthorized access and inadvertent damage from vehicles or
equipment;
E. containers that hold
free liquids are placed on a containment surface that is impermeable to the
wastes stored and, if outside, is curbed;
F. all waste containers and tanks are labeled
with the words "Hazardous Waste" and a description that clearly identifies
their contents to employees and emergency personnel; and
G. the requirements of parts
7045.0558;
7045.0562, subparts
1 and
2; 7045.0566 to 7045.0576;
and Code of Federal Regulations, title 40, section 268.7(a)(5), as incorporated
in part
7045.1390, are fulfilled regarding
personnel training, ignitable, reactive, or incompatible waste, preparedness
and prevention, contingency planning, and waste analysis for restricted
wastes.
Subp. 2.
Accumulation start date.
A generator's accumulation start date begins when the
generator initiates accumulation in a container or tank. The accumulation start
date for satellite accumulation is provided for in subpart
8, item D.
Subp. 3. [Repealed, 16 SR 2102]
Subp. 4. [Repealed, 16 SR 2102]
Subp. 5.
Small quantity
generator.
A small quantity generator may accumulate up to 3,000
kilograms of hazardous waste that is not acute hazardous waste on site without
a permit or without having interim status if:
A. all accumulated hazardous waste is, within
180 days of the accumulation start date, treated on site in compliance with
part
7045.0211 or shipped off site in
compliance with part
7045.0208;
B. the waste is placed in containers which
meet the standards of part
7045.0270, subpart
4, and are managed in
accordance with parts
7045.0594, subpart
2; 7045.0596, subpart
3; and 7045.0626, subparts
1 to
8; in tanks provided the
generator complies with the requirements of parts
7045.0594, subpart
2; 7045.0596, subpart
3; and 7045.0629; or for wood
preserving operations on drip pads, provided the generator complies with parts
7045.0594, subpart
2; 7045.0596, subpart
3; and 7045.0644 and
maintains records containing a description of procedures that will be followed
to ensure that all wastes are removed from drip pads and associated collection
systems at least once every 180 days, and maintains documentation of the
quantities, dates, and times of each waste removal. These records relating to
drip pads must be maintained at the licensed site and must be easily available
for agency inspection;
C. tanks and
containers are clearly labeled with the waste accumulation start date, which
must be visible for inspection; or for tanks or waste containers that are not
used as shipping containers, the generator may maintain a clearly designated
and legible log of transactions which includes accumulation start dates,
clearly identifies each tank or container, and is available for
inspection;
D. storage areas are
protected from unauthorized access and inadvertent damage from vehicles or
equipment;
E. containers that hold
free liquids are placed on a containment surface that is impermeable to the
waste stored and, if outside, is curbed;
F. all waste containers and tanks are labeled
with the words "Hazardous Waste" and a description that clearly identifies
their contents to employees and emergency personnel;
G. the generator meets the requirements of
parts
7045.0566, relating to
preparedness and prevention; 7045.0568, relating to the arrangements with local
authorities for emergencies; and Code of Federal Regulations, title 40, section
268.7(a)(5), as incorporated in part
7045.1390, relating to waste
analysis for restricted wastes; and
H. the generator complies with the following
requirements:
(1) the generator must ensure
that there is available at all times at least one employee, identified as the
emergency coordinator, responsible for coordinating all emergency response
measures provided in subitem (4); the emergency coordinator must be either on
the generator's premises or available to respond to an emergency by reaching
the premises within a short period of time;
(2) the generator must post the following
information next to the telephone on the premises: the name and telephone
number of the emergency coordinator, the location of fire extinguishers and
spill control material, the fire alarm, if present, and the telephone number of
the fire department, unless there is a direct alarm;
(3) the generator must ensure and document
that all employees are thoroughly familiar with proper waste handling and
emergency procedures relevant to their responsibilities during normal facility
operations and emergencies within six months after the date of their employment
or assignment to a new position; and
(4) the emergency coordinator or a designee
must respond to any emergencies that arise. Appropriate responses include: in
the event of a fire, call the fire department or try to extinguish the fire by
using a fire extinguisher; in the event of a spill, contain the flow of
hazardous waste to the extent possible and as soon as practicable, clean up the
hazardous waste and any contaminated materials or soils; in the event of a
fire, explosion, or other release that could threaten human health outside the
premises or when the generator has knowledge that a spill has reached surface
water, the generator must immediately comply with part
7045.0275, subparts
2 and
3, and notify the National
Response Center using its 24-hour toll free number (800) 424-8802 and provide
the name, address, identification number of the generator, date, time, type of
incident, and the estimated quantity and disposition of any recovered
materials.
Subp.
6.
Very small quantity generator.
A very small quantity generator may accumulate up to 1,000
kilograms of hazardous waste that is not acute hazardous waste on site without
a permit or without having interim status if:
A. all accumulated hazardous waste when
disposed of is treated on site in compliance with part
7045.0211 or shipped off site in
compliance with part
7045.0208;
B. the waste is placed in containers which
meet the standards of part
7045.0270, subpart
4, and are managed in
accordance with parts
7045.0594, subpart
2; 7045.0596, subpart
3; and 7045.0626, subparts
1 to
8; in tanks provided the
generator complies with the requirements of parts
7045.0594, subpart
2; 7045.0596, subpart
3; and 7045.0629; or for wood
preserving operations on drip pads, provided the generator complies with parts
7045.0594, subpart
2; 7045.0596, subpart
3; and 7045.0644 and
maintains records containing a description of procedures that will be followed
to ensure that all wastes are removed from drip pads and associated collection
systems at least once every 180 days, and maintains documentation of the
quantities, dates, and times of each waste removal. These records relating to
drip pads must be maintained at the licensed site and must be easily available
for agency inspection;
C. tanks and
containers are clearly labeled with the waste accumulation start date, which
must be visible for inspection; or for tanks or containers that are not used as
shipping containers, the generator may maintain a clearly designated and
legible log of transactions which includes accumulation start dates, clearly
identifies each tank or container, and is available for inspection;
D. storage areas are protected from
unauthorized access and inadvertent damage from vehicles or
equipment;
E. containers that hold
free liquids are placed on a containment surface that is impermeable to the
waste stored and, if outside, is curbed;
F. all waste containers and tanks are labeled
with the words "Hazardous Waste" and a description that clearly identifies
their contents to employees and emergency personnel;
G. the generator meets the requirements of
part
7045.0566, relating to
preparedness and prevention; and
H.
if the generator accumulates at any one time more than 1,000 kilograms of
hazardous waste, the generator becomes a small quantity generator and is
subject to regulation under subpart
5. For generators in this
circumstance, all accumulated hazardous waste must be treated on site in
compliance with part
7045.0211 or shipped off site in
compliance with part
7045.0208 within 180 days of the
date the 1,000 kilogram limit is reached.
Subp. 7.
Acute hazardous waste
accumulation.
A small quantity generator or a very small quantity generator
who generates acute hazardous waste that is not exempt under subpart
8 must comply with items A
and B:
A. A generator may accumulate
acute hazardous waste on site indefinitely in quantities equal to or less than
one kilogram of acute hazardous waste and equal to or less than 100 kilograms
of residue, contaminated soil, water, or other debris resulting from cleaning
up spilled acute hazardous waste. The generator must comply with subpart
5, items B to H.
B. A generator who accumulates on site more
than one kilogram of acute hazardous waste, or more than 100 kilograms of
residue, contaminated soil, water, or other debris resulting from cleaning up
spilled acute hazardous waste must comply with subpart
1.
Subp. 8.
Satellite accumulation.
Items A to D apply to all generators of hazardous
waste.
A. A generator may, without a
permit or interim status and without complying with subparts
1 to
7, accumulate as much as 55
gallons of hazardous waste or one quart of acute hazardous waste listed in part
7045.0135, subpart 1a, items B to
D, per waste stream per each point of generation provided the generator
complies with items B to D.
B. The
generator must:
(1) comply with part
7045.0626, subparts
2 to
4 and
6;
(2) clearly label each container with the
words "Hazardous Waste" and a description that clearly identifies its contents
to employees and emergency personnel;
(3) comply with parts
7045.0566 and
7045.0568 if a large quantity or
small quantity generator, or with part
7045.0566 if a very small quantity
generator;
(4) provide that outdoor
satellite accumulation areas are protected from unauthorized access and
inadvertent damage from vehicles or equipment; and
(5) provide that containers that hold free
liquids are placed on a containment surface that is impermeable to the waste
stored and, if outside, is curbed.
C. In addition, the generator must:
(1) for a container or containers located
within the immediate working area of the specific process producing the waste,
provide direct control and visual inspection of the satellite accumulation area
by persons directly responsible for the specific process producing the waste;
or
(2) for a container or
containers not located in the immediate working area, inspect the containers
and areas where containers are stored, at least weekly, looking for leaks and
for deterioration caused by corrosion or other factors and keep a written
record of the dates and findings of these inspections.
D. On the date on which the volume limit
prescribed in item A is reached, the generator must:
(1) clearly label the container or containers
with that date (that date is then the accumulation start date);
(2) within three days thereafter, transfer
the entire satellite container's or containers' contents to the hazardous waste
storage area and comply with subparts
1 to
7, as applicable;
and
(3) during the three-day period
for compliance, continue to comply with items B and C.
Subp. 9.
Transportation time
extension.
If waste accumulated under subparts
5 and
6 must be transported 200
miles or more to a facility, the generator may store the waste for an
additional 90 days beyond the established limits. In this event, the generator
must maintain evidence on site that arrangements have been made for the
transport of the waste to the facility and, if requested, show the evidence to
the commissioner. During this time extension a small quantity generator shall
not at any time exceed the 3,000 kilogram accumulation limit established in
subpart
5 and a very small quantity
generator shall not at any time exceed the 1,000 kilogram limit established in
subpart
6.
Subp. 10.
Time extension.
One extension may be granted for up to 30 days by the
commissioner if hazardous waste must remain on site for longer than the maximum
allowable time under subparts
1 to
9, as applicable, due to
unforeseen, temporary, and uncontrollable circumstances. A request for an
extension must be submitted in writing to the commissioner and must
include:
A. the amount and type of
waste to be stored over the maximum allowable number of days;
B. the date the stored waste will exceed the
maximum allowable number of days;
C. the location of the waste needing an
extension;
D. the reason for the
extension request; and
E.
documentation of the generator's effort to ship the waste off site within the
applicable time limit.
Subp.
11.
Accumulation requiring a permit.
A large quantity generator who accumulates hazardous waste
for more than 90 days, or a small quantity generator who accumulates more than
3,000 kilograms of hazardous waste at any time, is an operator of a storage
facility and is subject to the requirements of parts
7045.0450 to
7045.0649 and the agency's
permitting procedures in chapter 7001 unless the generator has been granted a
time extension under subpart
10.
Subp. 12.
Rejected shipments.
A generator who sends a shipment of hazardous waste to a
designated facility with the understanding that the designated facility can
accept and manage the waste and later receives that shipment back as a rejected
load or residue according to the manifest discrepancy provisions of part
7045.0476 or
7045.0582 may accumulate the
returned waste on-site according to subparts
1 to
7,
9, and
10, depending on the amount
of hazardous waste on-site in that calendar month. Upon receipt of the returned
shipment, the generator must:
A. sign
item 18c of the manifest, if the transporter returned the shipment using the
original manifest; or
B. sign item
20 of the manifest, if the transporter returned the shipment using a new
manifest.
Statutory Authority: MS s
14.07;
116.07;
116.37
