Quantity of dangerous waste with a QEL of 2.2 pounds generated in a calendar month | Quantity of dangerous waste with a QEL of 220 pounds generated in a calendar month | Quantity of residue or contaminated soil, water or other debris from a cleanup of a spill, into or on any land or water of any dangerous waste with a QEL of 2.2 pounds generated in a calendar month | Generator category |
˃ 2.2 pounds | Any amount | Any amount | Large quantity generator. |
Any amount | ≥ 2,200 pounds | Any amount | Large quantity generator. |
Any amount | Any amount | ˃ 220 pounds | Large quantity generator. |
≤ 2.2 pounds | ˃ 220 pounds and < 2,200 pounds | ≤ 220 pounds | Medium quantity generator. |
≤ 2.2 pounds | ≤ 220 pounds | ≤ 220 pounds | Small quantity generator. |
(4) When making the quantity determinations of this subsection and WAC
173-303-170 through
173-303-230, generators must include all dangerous wastes they generate, except dangerous waste that:
(a) Is exempt from regulation under WAC
173-303-071; or
(b) Is recycled under WAC
173-303-120 (2)(a), (3)(c) and (h), or (5); or
(c) Is managed in accordance with WAC
173-303-802(5) immediately upon generation only in on-site elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in WAC
173-303-040; or
(d) Is recycled, without prior storage or accumulation, only in an on-site process subject to regulation under WAC
173-303-120 (4)(a); or
(g) Is a dangerous waste that is an unused commercial chemical product (listed in WAC
173-303-9903 or exhibits one or more characteristics or criteria listed in WAC
173-303-090 or
173-303-100) that is generated solely as a result of a laboratory clean-out conducted at an eligible academic entity pursuant to WAC
173-303-235(14). For purposes of this provision, the term eligible academic entity shall have the meaning as defined in WAC
173-303-235(1).
(h) (Reserved.)
(i) Is managed as part of an episodic event in compliance with the conditions of WAC
173-303-173.
(j) Is a dangerous waste pharmaceutical, as defined in WAC
173-303-555(1), that is managed in accordance with WAC
173-303-555 or is a dangerous waste pharmaceutical that is also a Drug Enforcement Administration controlled substance and managed under WAC
173-303-555(7). The total dangerous waste, including both dangerous waste pharmaceuticals and nonpharmaceutical dangerous waste, must be counted per WAC
173-303-170(10) for purposes of determining if a health care facility is subject to WAC
173-303-555.
(5) In determining the quantity of dangerous waste generated, a generator need not include:
(a) Dangerous waste when it is removed from on-site storage; or
(b) Spent materials that are generated, reclaimed, and subsequently reused on site, as long as such spent materials have been counted once (note: If after treatment or reclamation a residue is generated with a different waste code(s), that residue must be counted); or
(c) The container holding/containing the dangerous waste as described under WAC
173-303-160(1).
(6) Based on the generator category as determined under this section, the generator must meet the applicable independent requirements listed in WAC
173-303-170. A generator's category also determines which of the provisions of WAC
173-303-171,
173-303-172,
173-303-174 or
173-303-200 must be met to obtain an exemption from the storage facility permit, interim status, and operating requirements when accumulating dangerous waste.
(a) In a calendar month, if a small quantity generator generates more than the amounts specified in the definition of "small quantity generator" in WAC
173-303-040, the generator becomes subject to full requirements of a medium quantity generator or large quantity generator of this chapter, respectively, and cannot again be a small quantity generator until after all dangerous waste on site at the time they became fully regulated have been properly treated or disposed at a designated facility.
Example. If a person generates 4 pounds of an acute hazardous waste discarded chemical product (QEL 2.2 pounds) and 200 pounds of an ignitable waste (QEL 220 pounds), then both wastes are fully regulated, and the person is not a small quantity generator for either waste. "Fully regulated" in this example means the regulations applicable to a large quantity generator.
(b) In a calendar month if a medium quantity generator generates more than the amounts specified in the definition of "medium quantity generator" in WAC
173-303-040 the generator becomes subject to full requirements of a large quantity generator of this chapter, and cannot again be a medium quantity generator until after all dangerous waste on site at the time they became fully regulated have been properly treated or disposed at a designated facility.
[Statutory Authority: Chapter
70.105,
70.105D RCW and Subtitle C of RCRA. WSR 20-20-045 (Order 19-07), § 173-303-169, filed 9/30/20, effective 10/31/20. Statutory Authority: Chapters
70.105,
70.105D RCW and RCRA. WSR 19-04-038 (Order 16-03), § 173-303-169, filed 1/28/19, effective 4/28/19.]