Current through Register No. 13, March 27, 2025
(a) In determining
the quantity of hazardous waste generated, a generator may exclude:
(1) Hazardous waste that is exempt from the
hazardous waste rules pursuant to
Env-Hw
401.03;
(2) Subject to (b), below, hazardous waste
that is managed immediately upon generation only in on-site elementary
neutralization units, wastewater treatment units, or totally enclosed treatment
facilities as defined in Env-Hw 103 or Env-Hw 104, as applicable;
(3) Subject to (c), below, hazardous waste
that is recycled on-site by a process regulated under
Env-Hw
804.01(b)(4), without prior storage
or accumulation;
(4) Used oil, as
defined in Env-Hw 104, that is recycled in accordance with Env-Hw
807;
(5) Spent lead acid batteries
managed in accordance with Env-Hw 809;
(6) Hazardous waste when it is removed from
on-site accumulation, so long as the hazardous waste was counted
once;
(7) Hazardous waste produced
by on-site treatment, including reclamation, of a hazardous waste, so long as
the hazardous waste that is treated was counted once;
(8) Spent materials that are generated,
reclaimed, and subsequently reused on-site, so long as such spent materials
have been counted once;
(9)
Universal waste managed in accordance with Env-Hw 1100;
(10) The weight of a container or inner liner
from a container of hazardous waste, including a container or inner liner that
is not deemed empty as specified in
Env-Hw
401.03(d), provided that:
a. The weight of the hazardous waste,
including any residue remaining in a non-empty container or inner liner, is
counted; and
b. The non-empty
container and inner liner are managed as hazardous waste; and
(11) A hazardous waste
pharmaceutical that is:
a. Subject to or
managed in accordance with Env-Hw 1300; or
b. Regulated as a United States drug
enforcement administration controlled substance and is conditionally exempt
pursuant to 40 CFR
266.506, as amended by
Env-Hw
1302.02(g).
(b) For purposes of
(a)(2), above, "managed immediately upon generation" means that treatment
begins within 24 hours after the hazardous waste is generated and:
(1) Treatment is conducted in the tank, tank
system, or container in which the hazardous waste was generated;
(2) The hazardous waste is conveyed via
permanent piping directly from the tank in which it was generated to the
treatment unit without intermediate accumulation of the hazardous waste;
or
(3) The hazardous waste is
transferred directly from the container in which it was generated into the
treatment unit without intermediate accumulation of the hazardous
waste.
(c) For purposes
of (a)(3), above, "without prior storage or accumulation" means that the
recycling process begins within 24 hours after the hazardous waste is generated
and:
(1) The recycling process is conducted
in the tank, tank system, or container in which the hazardous waste was
generated;
(2) The hazardous waste
is conveyed via permanent piping directly from the tank in which it was
generated to the recycling unit without intermediate accumulation of the
hazardous waste; or
(3) The
hazardous waste is transferred directly from the container in which it was
generated into the recycling unit without intermediate accumulation of the
hazardous waste.
(d)
Wastes with EPA hazardous waste numbers F020, F021, F022, F023, F026, and F027,
listed in Env-Hw 402.06, shall be counted
as acutely hazardous wastes when calculating generator
classification.
#5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by
#7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff
8-1-08; (See Revision Note at chapter heading for Env-Hw 500) ss by #9367, eff
1-28-09; ss by #10205, eff 10-19-12