40 CFR §261.5 Special requirements for hazardous waste generated by conditionally exempt small quantity generators.
(a) A generator is a
conditionally exempt small quantity generator in a calendar month
if he generates no more than 100 kilograms of hazardous waste in
that month.
(b) Except for those wastes identified in paragraphs (e), (f),
(g), and (j) of this section, a conditionally exempt small
quantity generator's hazardous wastes are not subject to
regulation under Parts 262 through 266, 268, and Parts 270 and
124 of this chapter, and the notification requirements of section
3010 of RCRA, provided the generator complies with the
requirements of paragraphs (f), (g), and (j) of this section.
(c) Hazardous waste that is not subject to regulation or that is
subject only to §§262.11, 262.12, 262.40(c), and 262.41 is not
included in the quantity determinations of this part and Parts
262 through 266, 268, and 270 and is not subject to any of the
requirements of those parts. Hazardous waste that is subject to
the requirements of 261.6 (b) and (c) and subparts C, D, and F of
Part 266 is included in the quantity determination of this part
and is subject to the requirements of Parts 262 through 266 and
270.
(d) In determining the quantity of hazardous waste generated, a
generator need not include:
(1) Hazardous waste when it is removed from on-site storage; or
(2) Hazardous waste produced by on-site treatment (including
reclamation) of his hazardous waste, so long as the hazardous
waste that is treated was counted once; or
(3) Spent materials that are generated, reclaimed, and
subsequently reused on-site, so long as such spent materials have
been once.
(e) If a generator generates acute hazardous waste in a calendar
month in quantities greater than set forth below, all quantities
of that acute hazardous waste are subject to full regulation
under Parts 262 through 266, 268, and Parts 270 and 124 of this
chapter, and the notification requirements of section 3010 of
RCRA:
(1) A total of one kilogram of acute hazardous wastes listed in
§§261.31, 261.32, or 261.33(e).
(2) A total of 100 kilograms of any residue or contaminated soil,
waste, or other debris resulting from the clean-up of a spill,
into or on any land or water, of any acute hazardous wastes
listed in §261.31, §261.32, or §261.33(e).
(Comment: "Full regulation'' means those regulations
applicable to generators of greater than 1,000 kg of non-acutely
hazardous waste in a calendar month.)
(f) In order for acute hazardous wastes generated by a generator
of acute hazardous wastes in quantities equal to or less than
those set forth in paragraph (e)(1) or (2) of this section to be
excluded from full regulation under this section, the generator
must comply with the following requirements:
(1) Section 262.11 of this chapter;
(2) The generator may accumulate acute hazardous waste on-site.
If he accumulates at any time acute hazardous wastes in
quantities greater than those set forth in paragraph (e)(1) or
(e)(2) of this section, all of those accumulated wastes are
subject to regulation under Parts 262 through 266, 268, and Parts
270 and 124 of this chapter, and the applicable notification
requirements of section 3010 of RCRA. The time period of
262.34(a) of this chapter, for accumulation of wastes on-site,
begins when the accumulated wastes exceed the applicable
exclusion limit;
(3) A conditionally exempt small quantity generator may either
treat or dispose of his acute hazardous waste in an on-site
facility or ensure delivery to an off-site treatment, storage or
disposal facility, either of which, if located in the U.S., is:
(i) Permitted under Part 270 of this chapter;
(ii) In interim status under Parts 270 and 265 of this chapter;
(iii) Authorized to manage hazardous waste by a State with a
hazardous waste management program approved under Part 271 of
this chapter;
(iv) Permitted, licensed, or registered by a State to manage
municipal or industrial solid waste; or
(v) A facility which:
(A) Beneficially uses or reuses, or legitimately recycles or
reclaims its waste; or
(B) Treats its waste prior to beneficial use or reuse, or
legitimate recycling or reclamation.
(g) In order for hazardous waste generated by a conditionally
exempt small quantity generator in quantities of less than 100
kilograms of hazardous waste during a calendar month to be
excluded from full regulation under this section, the generator
must comply with the following requirements:
(1) Section 262.11 of this chapter;
(2) The conditionally exempt small quantity generator may
accumulate hazardous waste on-site. If he accumulates at any time
more than a total of 1000 kilograms of his hazardous wastes, all
of those accumulated wastes are subject to regulation under the
special provisions of Part 262 applicable to generators of
between 100 kg and 1000 kg of hazardous waste in a calendar month
as well as the requirements of Parts 263 through 266, 268, and
Parts 270 and 124 of this chapter, and the applicable
notification requirements of section 3010 of RCRA. The time
period of §§262.34(d) for accumulation of wastes on-site begins
for a conditionally exempt small quantity generator when the
accumulated wastes exceed 1000 kilograms;
(3) A conditionally exempt small quantity generator may either
treat or dispose of his hazardous waste in an on-site facility or
ensure delivery to an off-site treatment, storage or disposal
facility, either of which, if located in the U.S., is:
(i) Permitted under Part 270 of this chapter;
(ii) In interim status under Parts 270 and 265 of this chapter;
(iii) Authorized to manage hazardous waste by a State with a
hazardous waste management program approved under Part 271 of
this chapter;
(iv) Permitted, licensed, or registered by a State to manage
municipal or industrial solid waste; or
(v) A facility which:
(A) Beneficially uses or reuses, or legitimately recycles or
reclaims its waste; or
(B) Treats its waste prior to beneficial use or reuse, or
legitimate recycling or reclamation.
(h) Hazardous waste subject to the reduced requirements of this
section may be mixed with non-hazardous waste and remain subject
to these reduced requirements even though the resultant mixture
exceeds the quantity limitations identified in this section,
unless the mixture meets any of the characteristics of hazardous
waste identified in subpart C.
(i) If any person mixes a solid waste with a hazardous waste that
exceeds a quantity exclusion level of this section, the mixture
is subject to full regulation.
(j) If a conditionally exempt small quantity generator's wastes
are mixed with used oil, the mixture is subject to subpart E of
Part 266 of this chapter if it is destined to be burned for
energy recovery. Any material produced from such a mixture by
processing, blending, or other treatment is also so regulated if
it is destined to be burned for energy recovery.
(51 FR 10174, Mar. 24, 1986, as amended at 51 FR 28682, Aug. 8,
1986; 51 FR 40637, Nov. 7, 1986; 53 FR 27163, July 19, 1988)