Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-303 - Dangerous waste regulations › Section 173-303-171 - Conditions for exemption for a small quantity generator

Current through Register Vol. 24-14, July 15, 2024
(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;
(b) The small quantity generator complies
			 with WAC
			 173-303-070;
(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).