| (C) is not described in 40 CFR, §261.4(b) (which describes solid wastes that are exempt from regulation under RCRA Subtitle C); and (D) is identified as a hazardous waste either: (i) in 40 CFR, Part 261, Subpart D (regarding listed hazardous wastes); or (ii) in 40 CFR, Part 261, Subpart C (regarding characteristically hazardous wastes), as determined either: (I) by testing the waste: (-a-) in accordance with methods described in 40 CFR, Part 261, Subpart C; or (-b-) in accordance with an equivalent method approved by the administrator under 40 CFR, §260.21; or (II) by applying knowledge of the hazard characteristics of the waste in light of the materials or processes used. (2) Land Ban. Each LQG and SQG shall determine whether the hazardous oil and gas waste it generates is prohibited from land disposal under the provisions of 40 CFR, Part 268. If the waste is prohibited from land disposal, the LQG or SQG must comply with all applicable provisions of 40 CFR, Part 268 (concerning management of land ban wastes) prior to disposing of such waste. (3) Exclusions and Exemptions. (A) Notwithstanding the provisions of subsection (e)(1) of this section, in the event the administrator determines, in accordance with the provisions of 40 CFR, §260.22, that a particular oil and gas waste that is considered a hazardous oil and gas waste because it meets criteria set out in subsection (e)(1)(D)(i) of this section (relating to listed hazardous wastes) should not be considered a hazardous waste, such waste shall be exempt from regulation under this section. (B) Notwithstanding the provisions of subsection (e)(1) of this section the following are exempt from regulation under this section: (i) any oil and gas waste described in 40 CFR, §261.6(a)(2) (concerning recyclable materials) that is managed as provided in applicable provisions of 40 CFR, Part 266, Subparts C - H, and 40 CFR, Parts 270 and 124; (ii) any oil and gas waste described and recycled, reclaimed, or reused as provided in 40 CFR, §261.6(a)(3) (concerning recyclable materials); (iii) used oil that is not considered a hazardous waste under the provisions of 40 CFR, §279.10(b) and that is managed as provided in 40 CFR, Part 279; (iv) dielectric fluid containing polychlorinated biphenyls (PCBs) and electric equipment containing such fluid that are regulated under 40 CFR, Part 761 and that are hazardous only because they exhibit the characteristic of toxicity for D018-D043 under the test required under subsection (e)(1)(D)(ii) of this section (relating to characteristically hazardous wastes); (v) debris, as that term is defined in 40 CFR, §268.2, that is an oil and gas waste: (I) that contains or contained a hazardous oil and gas waste listed in 40 CFR, Part 261, Subpart D or that exhibits or exhibited a hazardous waste characteristic identified in 40 CFR, Part 261, Subpart C; and (II) that has been treated using one of the required destruction technologies specified in Table 1 of 40 CFR, §268.45 or that is determined by the administrator to be no longer contaminated with hazardous oil and gas waste; and (vi) hazardous oil and gas waste remaining in an empty container. (f) Generator Classification and Accumulation Time. (1) Conditionally Exempt Small Quantity Generator. (A) To be classified as a conditionally exempt small quantity generator (CESQG) during any calendar month, a generator of hazardous oil and gas waste must: (i) generate no more than 100 kilograms (220.46 pounds) of hazardous oil and gas waste in that calendar month; and (ii) accumulate no more than 1,000 kilograms (2204.60 pounds) of hazardous oil and gas waste on-site at any one time. (B) Except as provided in subsection (f)(5) of this section, a CESQG must comply with all requirements of this section applicable to CESQGs. (C) If a CESQG generates in one calendar month, or accumulates on-site at any one time, more than a total of one kilogram (2.20 pounds) of any acute hazardous waste listed in 40 CFR, §261.31, 261.32 or 261.33(e) or a total of 100 kilograms (220.46 pounds) of contaminated media resulting from the clean up of a discharge into or on any land or water of any acute hazardous waste listed in 40 CFR, §261.31, 261.32, or 261.33(e), all such acute hazardous wastes must be managed as though generated by an LQG. The LQG accumulation time period for such acute hazardous wastes shall begin at such time as the maximum quantity specified in this subparagraph is exceeded. (2) Small Quantity Generator. (A) To be classified as a small quantity generator (SQG) in any calendar month, a generator of hazardous oil and gas waste must: (i) generate less than 1,000 kilograms (2204.60 pounds) of hazardous oil and gas waste in that calendar month; (ii) not allow any particular quantity of hazardous oil and gas waste to remain on-site for a period of more than: (I) 180 days from the date that particular quantity was generated; or (II) 270 days from the date that particular quantity was generated, but only if the waste must be transported or offered for transport to a treatment, storage, or disposal facility that is located a distance of 200 miles or more from the point of generation; and (iii) not accumulate more than 6,000 kilograms (13,227.60 pounds) of hazardous oil and gas waste on-site at any one time. (B) An SQG must accumulate all hazardous oil and gas waste in tanks or containers that meet the requirements of this section and, except as provided in subsection (f)(5) of this section, comply with all requirements of this section applicable to SQGs. (C) The accumulation period specified in subsection (f)(2)(A)(ii) of this section may be extended an additional 30 days if the commission, at its sole discretion, determines that unforeseen, temporary, and uncontrollable circumstances require that hazardous oil and gas waste remain on-site for a longer time period. (3) Large Quantity Generators. (A) Any generator of hazardous oil and gas waste not classified as a CESQG or SQG is classified as a large quantity generator (LQG). (B) An LQG must accumulate hazardous oil and gas waste in tanks or containers that meet the requirements of this section and, except as provided in subsection (f)(5) of this section, comply with all other requirements of this section applicable to LQGs. (C) An LQG shall not accumulate any particular quantity of hazardous oil and gas waste on-site for more than 90 days from the date that particular quantity was generated, unless an extension to such 90-day period has been granted in accordance with the provisions of subsection (f)(4)(D) of this section. (D) The 90-day accumulation period specified in subsection (f)(4)(C) of this section may be extended an additional 30 days if the commission, at its sole discretion, determines that unforeseen, temporary, and uncontrollable circumstances require that hazardous oil and gas waste remain on-site for longer than 90 days. (4) Accumulation in Containers at the Point of Generation. (A) Notwithstanding the foregoing provisions of subsection (f) of this section, an LQG or SQG may accumulate in containers up to 55 gallons of hazardous oil and gas waste or a total of one quart of acute hazardous wastes listed in 40 CFR, §261.33(e) without having to manage such hazardous oil and gas waste in accordance with the accumulation time limits applicable to LQGs or SQGs or with the provisions of subsections (q) (relating to preparedness and prevention), (r) (relating to contingency plan and emergency procedures), (s) (relating to personnel training), (t) (relating to standards for use of containers), and (u) (standards for use of tank systems) of this section, provided that the requirements of subsection (f)(4)(B) of this section are met. (B) All hazardous oil and gas waste subject to the exemption of subsection (f)(4)(A) of this section must be accumulated in containers that: (i) are at a location that is: (I) under the control of the generator; and (II) at or near the point of generation; (ii) meet the applicable requirements of 40 CFR, §§265.171, 265.172, and 265.173(a) (concerning container condition, compatibility of waste with container, and closing containers); and (iii) are marked with the words "Hazardous Waste" or with other words that identify the contents of the containers. Cont'd... |
