(1) Provided that the small quantity
generator meets all the conditions for exemption listed in this section,
dangerous waste generated by the small quantity generator is not subject to
regulation under this chapter except for WAC
173-303-050,
173-303-070,
173-303-145,
173-303-169,
173-303-170,
173-303-171 and
173-303-960.
The conditions for exemption are as follows:
(a) In a calendar month the small quantity
generator generates less than or equal to the amounts specified in the
definition of "small quantity generator" in WAC
173-303-040;
(c) The quantity accumulated or stored at any
time does not exceed 2,200 pounds for wastes with a 220 pound QEL and 2.2
pounds for waste with a 2.2 pound QEL. (Exception: The accumulation limit for
the acute hazardous wastes described in WAC
173-303-081(2)(a)(iv)
and
173-303-082(2)(b)
and for extremely hazardous waste WT01 clean-up debris, as defined in WAC
173-303-040 "small
quantity generator," is 220 pounds);
(d) If a person accumulates or stores any
dangerous wastes that exceed the accumulation limits set forth in (c) of this
subsection, then all dangerous waste accumulated or stored by that person is
subject to the requirements for the conditions for exemption for a large
quantity generator in WAC
173-303-200.
(e) A small quantity generator that
accumulates dangerous waste in amounts less than or equal to the limits in (c)
of this subsection must either treat or dispose of their dangerous waste in an
on-site facility, or ensure delivery to an off-site facility, either of which,
if located in the United States, is:
(i)
Permitted (including permit-by-rule, interim status, or final status) under WAC
173-303-800
through
173-303-840;
(ii) Authorized to manage dangerous waste by
another state with a hazardous waste program approved under 40 C.F.R. Part 271,
or by EPA under 40 C.F.R. Part 270;
(iii) Permitted to manage moderate risk waste
under chapter 173-350 WAC (Solid waste handling standards), operated in
accordance with state and local regulations, and consistent with the applicable
local hazardous waste plan that has been approved by the department;
(iv) A facility that beneficially uses or
reuses, or legitimately recycles or reclaims the dangerous waste, or that
treats the waste prior to such recycling activities;
(v) Permitted, licensed, or registered to
manage municipal solid waste and, if managed in a municipal solid waste
landfill, is subject to 40 C.F.R. Part 258 or chapter 173-351 WAC;
(vi) Permitted, licensed, or registered by a
state to manage nonmunicipal nonhazardous waste and, if managed in a
nonmunicipal nonhazardous waste disposal unit after January 1, 1998, is subject
to the requirements in
40
C.F.R. 257.5 through
257.30;
(vii) A publicly owned treatment works
(POTW): Provided, that small quantity generator(s) comply with the provisions
of the domestic sewage exclusion found in WAC
173-303-071(3)(a);
(viii) For universal waste managed under WAC
173-303-573,
a universal waste handler or destination facility subject to the requirements
of WAC
173-303-573;
or
(ix) A large quantity generator
under the control of the same person as the small quantity generator, provided
the following conditions are met:
(A) The
small quantity generator and the large quantity generator are under the control
of the same person as defined in WAC
173-303-040 of this
chapter. Contractors, consultants, transporters, etc., who operate generator
facilities on behalf of a different person as defined in WAC
173-303-040 of this
chapter shall not be deemed to "control" such generators.
(B) The small quantity generator clearly
labels or marks each container(s) and tank(s) of dangerous waste with the words
"dangerous waste" or "hazardous waste." Except for containers one gallon (or
four liters) and under, the lettering must be legible from a distance of
twenty-five feet or the lettering size is a minimum of one-half inch in
height.
(C) The small quantity
generator clearly labels or marks each container(s) and tank(s) of dangerous
waste with an indication of the hazards of the contents (examples include, but
not limited to, the applicable dangerous waste characteristic(s) and criteria
of ignitable, corrosive, reactive and toxic and the applicable hazard(s)
identified for listed dangerous wastes). The label or marking must be:
(I) Legible and recognizable from a distance
of twenty-five feet or the lettering size is a minimum of one-half inch in
height; and
(II) Include
descriptive word(s) and/or pictogram(s) that identifies the hazards associated
with the contents of the containers for the public, emergency response
personnel and employees; for containers one gallon (or four liters) and under
the label, marking or lettering can be appropriate for the size of the
container.
(x)
A reverse distributor, (as defined in WAC 173-303-555(1) ), if the dangerous
waste pharmaceutical is a potentially creditable dangerous waste pharmaceutical
generated by a health care facility (as defined in WAC 173-303-555(1)
).
(xi) A health care facility, (as
defined in WAC 173-303-555(1) ), that meets the conditions in WAC
173-303-555(3) (o) and (4)(b), as applicable, to accept noncreditable dangerous
waste pharmaceuticals and potentially creditable dangerous waste
pharmaceuticals from an off-site health care facility that is a small quantity
generator.
(xii) For airbag waste,
an airbag waste collection facility or a designated facility subject to the
requirements of WAC
173-303-071(3)(tt).