R 299.9303 Generator category determination.

Rule 303. (1) A generator shall determine its generator category. A generator’s category is based on the amount of hazardous waste generated each month and may change from month to month. This rule sets forth procedures to determine whether a generator is a very small quantity generator, a small quantity generator, or a large quantity generator for a particular month. TABLE 1 Generator Categories Based on Quantity of Waste Generated in a Calendar Month Acute Non-acute Severely Residues from Hazardous Waste Hazardous Waste Toxic Hazardous Waste Cleanup of Acute or Severely Toxic Hazardous Waste Generator Category > 1 kilogram Any amount > 1 kilogram Any amount Large quantity generator Any amount ≥ 1,000 kilograms Any amount Any amount Large quantity generator Any amount Any amount Any amount > 100 kilograms Large quantity generator ≤ 1 kilogram > 100 kilograms and < 1,000 kilograms ≤ 1 kilogram ≤ 100 kilograms Small quantity generator ≤ 1 kilogram ≤ 100 kilograms ≤ 1 kilogram ≤ 100 kilograms Very small quantity generator (2) A generator that generates acute hazardous waste, non-acute hazardous waste, or severely toxic hazardous waste in a calendar month shall determine its generator category for that month by doing all the following. (a) Counting the total amount of hazardous waste generated in the calendar month. (b) Subtracting from the total any amounts of waste exempt from counting as described in subrules (4) and (5) of this rule. (c) Determining the resulting generator category for the hazardous waste generated using table 1 of this rule. (3) A generator that generates acute or severely toxic hazardous waste and non-acute hazardous waste in the same calendar month shall determine its generator category for that month by doing all the following: (a) Counting separately the total amount of acute hazardous waste, the total amount of severely toxic hazardous waste, and the total amount of non-acute hazardous waste generated in the calendar month. (b) Subtracting from each total any amounts of waste exempt from counting as described in subrules (4) and (5) of this rule. (c) Determining separately the resulting generator categories for the quantities of acute hazardous waste, severely toxic hazardous waste, and non-acute hazardous waste generated using table 1 of this rule. (d) Comparing the resulting generator categories from subdivision (c) of this subrule and applying the more stringent generator category to the accumulation and management of both non-acute hazardous waste and acute or severely toxic hazardous waste generated for that month. (4) When making the monthly quantity-based determinations required by this rule, the generator shall include all hazardous waste that it generates, except hazardous waste that meets 1 of the following: (a) Is exempt from regulation under R 299.9204(3) to (10), R 299.9206(3), or R 299.9207(1). (b) Is managed immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities. (c) Is recycled, without prior storage or accumulation, only in an on-site process subject to regulation under R 299.9206(1)(c). (d) Is used oil managed under R 299.9206(4) and R 299.9809 to R 299.9816. (e) Is spent lead-acid batteries managed under R 299.9804. (f) Is universal waste managed under R 299.9228. (g) Is a hazardous waste that is an unused commercial chemical product listed in part 2 of these rules or exhibits 1 or more characteristics in R 299.9212, that is generated solely because of a laboratory clean-out conducted at an eligible academic entity under R 299.9315. (h) Is managed as part of an episodic event in compliance with R 299.9316. (i) Is a hazardous waste pharmaceutical, that is subject to or managed in accordance with R 299.9824 to R 299.9833 or is a hazardous waste pharmaceutical that is also a Drug Enforcement Administration controlled substance and is conditionally exempt under R 299.9829. (5) In determining the quantity of hazardous waste generated in a calendar month, a generator need not include any of the following: (a) Hazardous waste when it is removed from on-site accumulation if the hazardous waste was previously counted once. (b) Hazardous waste generated by onsite treatment, including reclamation, of the generator’s hazardous waste if the hazardous waste that is treated was previously counted once. (c) Hazardous waste spent materials that are generated, reclaimed, and subsequently reused on-site if the spent materials have been previously counted once. (6) Based on the generator category determined under this rule, the generator shall meet all the applicable independent requirements listed in R 299.9301. A generator’s category also determines which provisions of R 299.9301 to R 299.9307 must be met to obtain an exemption from the licensing, interim status, and operating requirements when accumulating hazardous waste. (7) Hazardous wastes generated by a very small quantity generator may be mixed with wastes. Very small quantity generators may mix a portion or all its hazardous waste with waste and remain subject to R 299.9304 even though the resultant mixture exceeds the quantity limits identified in the definition of very small quantity generator, unless the mixture exhibits 1 or more of the characteristics of hazardous waste identified in R 299.9212. If the resulting mixture exhibits a characteristic of a hazardous waste, the resultant mixture is a newly generated hazardous waste. The very small quantity generator shall count both the resultant mixture amount plus the other hazardous waste generated in the calendar month to determine if the total quantity exceeds the very small generator calendar month quantity limits identified in the definition of generator categories. If so, to remain exempt from the licensing, interim status, and operating standards, the very small quantity generator shall meet the conditions for exemption applicable to either a small quantity generator or a large quantity generator. The very small quantity generator shall meet the independent requirements for either a small quantity generator or a large quantity generator. If a very small quantity generator’s wastes are mixed with used oil, the mixture is subject to part 8 of these rules. Any material produced from a mixture by processing, blending, or other treatment is also regulated under part 8 of these rules. (8) Hazardous wastes generated by a small quantity generator or large quantity generator may be mixed with waste. These mixtures are subject to the mixture rule in R 299.9203(1)(c), (2)(b) and (c), and (7); the prohibition of dilution rule in 40 CFR 268.3(a); the land disposal restriction requirements in 40 CFR 268.40 if a characteristic hazardous waste is mixed with a waste so that it no longer exhibits the hazardous characteristic; and the hazardous waste determination requirement in R 299.9302. If the resulting mixture is a hazardous waste, the resultant mixture is a newly generated hazardous waste. A small quantity generator shall count both the resultant mixture amount and the other hazardous waste generated in the calendar month to determine if the total quantity exceeds the small quantity generator calendar monthly quantity limits identified in the definition of generator categories. If so, to remain exempt from the licensing, interim status, and operating standards, the small quantity generator shall meet the conditions for exemption applicable to a large quantity generator. The small quantity generator shall also comply with the applicable independent requirements for a large quantity generator.