7 Del. Admin. Code § 1302-262-A-262.14

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1302-262-A-262.14 - Conditions for exemption for a very small quantity generator

(a) Provided that the very small quantity generator meets all the conditions for exemption listed in this section, hazardous waste generated by the very small quantity generator is not subject to the requirements of Parts 124, 262 (except §§ 262.10 through 262.14) through 268, and 122 of these regulations, and the notification requirements of 7 Del.C. § 6304 (a) and the very small quantity generator may accumulate hazardous waste in containers on site without complying with such requirements. The conditions for exemption are as follows:

(1) In a calendar month the very small quantity generator generates less than or equal to the amounts specified in the definition of "very small quantity generator" in § 260.10 of these regulations;

(2) The very small quantity generator complies with § 262.11(a) through (d);

(3)Container requirements.

(A) The very small quantity generator marks its container(s) of hazardous waste with the words "Hazardous Waste" or the word "Waste" and a description of the contents (e.g., "Waste Solvent" or "Waste Acetone").

(B) A container holding hazardous waste must always be closed during accumulation, except when it is necessary to add or remove waste.

(C) A container holding hazardous waste must not be opened, handled, or accumulated in a manner that may rupture the container or cause it to leak.

(D) If a container holding hazardous waste is not in good condition, or if it begins to leak, the very small quantity generator must immediately transfer the hazardous waste from this container to a container that is in good condition, or immediately manage the waste in some other way that complies with the conditions for exemption of this section.

(E) The very small quantity generator must use a container made of or lined with materials that will not react with, and are otherwise compatible with, the hazardous waste to be accumulated, so that the ability of the container to contain the waste is not impaired.

(4) If the very small quantity generator accumulates at any time equal to or greater than 1 kilogram ([ALMOST EQUAL]2.2 pounds) of acute hazardous waste or 100 kilograms ([ALMOST EQUAL]220 pounds) of any residue or contaminated soil, water, or other debris resulting from the cleanup of a spill, into or on any land or water, of any acute hazardous waste listed in §§ 261.31 or 261.33(e) of these regulations, all quantities of that acute hazardous waste are subject to the following additional conditions for exemption:

(i) Such waste is held on site for no more than 90 days beginning on the date when the accumulated wastes exceed the amounts provided above; and

(ii) The conditions for exemption in § 262.17(a) through (g).

(5) If the very small quantity generator accumulates at any time 1,000 kilograms ([ALMOST EQUAL]2,200 pounds) or greater of non-acute hazardous waste, all quantities of that hazardous waste are subject to the following additional conditions for exemption:

(i) Such waste is held on site for no more than 180 days, or 270 days, if applicable, beginning on the date when the accumulated waste exceed the amounts provided above;

(ii) The quantity of waste accumulated on site never exceeds 6,000 kilograms ([ALMOST EQUAL]13,200 pounds); and (iii) The conditions for exemption in § 262.16(b)(2) through (f).

(6) A very small quantity generator that accumulates hazardous waste in amounts less than the limits in paragraphs (a)(4) and (5) of this section must either treat or dispose of its hazardous waste in an on-site facility or ensure delivery, by maintaining for a period of three (3) years appropriate documentation (i.e., tolling agreement, letter of acceptance, manifest, or other documentation deemed acceptable to the Secretary) demonstrating delivery to an off-site treatment, storage, or disposal facility, either of which, if located in the U.S., is:

(i) Permitted under Part 122 of these regulations;

(ii) In interim status under Parts 265 and 122 of these regulations;

(iii) Authorized to manage hazardous waste by a state with a hazardous waste management program approved under 40 CFR Part 271 ;

(iv) [Reserved]

(v) [Reserved]

(vi) 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;

(vii) For universal waste managed under Part 273 of these regulations, a universal waste handler or destination facility subject to the requirements of Part 273 of these regulations;

(viii) A large quantity generator under the control of the same person as the very small quantity generator, provided the following conditions are met:

(A) The very small quantity generator and the large quantity generator are under the control of the same person as defined in § 260.10 of these regulations. "Control," for the purposes of this section, means the power to direct the policies of the generator, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate generator facilities on behalf of a different person as defined in § 260.10 of these regulations shall not be deemed to "control" such generators.

(B) The very small quantity generator marks its container(s) of hazardous waste with:

(1) The words "Hazardous Waste;" and

(2) An indication of the hazards of the contents (examples include, but are not limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable, corrosive, reactive, toxic); hazard communication consistent with the Department of Transportation requirements at 49 CFR Part 172 Subpart E (labeling) or Subpart F (placarding); a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or a chemical hazard label consistent with the National Fire Protection Association code 704);

(ix) A reverse distributor (as defined in § 266.500), if the hazardous waste pharmaceutical is a potentially creditable hazardous waste pharmaceutical generated by a healthcare facility (as defined in § 266.500).

(x) A healthcare facility (as defined in § 266.500) that meets the conditions in §§ 266.502(l) and 266.503(b), as applicable, to accept non-creditable hazardous waste pharmaceuticals and potentially creditable hazardous waste pharmaceuticals from an off- site healthcare facility that is a very small quantity generator.

(xi) For airbag waste, an airbag waste collection facility or a designated facility subject to the requirements of § 261.4(j) of these regulations.

(b) The placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited.

(c) A very small quantity generator experiencing an episodic event may generate and accumulate hazardous waste in accordance with Subpart L of this part in lieu of §§ 262.15, 262.16, and 262.17.

7 Del. Admin. Code § 1302-262-A-262.14

24 DE Reg. 711 (1/1/2021)(final)