1. (a) A generator shall determine its generator category in accordance with this part.

2. (b) In determining the quantity of hazardous waste generated, a generator may exclude:

   1. (1) Hazardous waste that is exempt from the hazardous waste rules pursuant to Env-Hw 401.03;
   2. (2) Subject to (c), below, hazardous waste that is managed immediately upon generation only in onsite elementary neutralization units, wastewater treatment units, or totally enclosed treatment facilities as defined in Env-Hw 103 or Env-Hw 104, as applicable;
   3. (3) Subject to (d), below, hazardous waste that is recycled onsite by a process regulated under Env-Hw 804.01(b)(4), without prior storage or accumulation;
   4. (4) Used oil, as defined in Env-Hw 104, that is managed in accordance with Env-Hw 1400;
   5. (5) Spent lead acid batteries managed in accordance with Env-Hw 809 or Env-Hw 1100;
   6. (6) Hazardous waste when it is removed from onsite accumulation, so long as the hazardous waste was counted once;
   7. (7) Hazardous waste produced by onsite treatment, including reclamation, of a hazardous waste, so long as the hazardous waste that is treated was counted once;
   8. (8) Spent materials that are generated, reclaimed, and subsequently reused onsite, so long as such spent materials have been counted once;
   9. (9) Universal waste managed in accordance with Env-Hw 1100;

   10. (10) The weight of a container or inner liner from a container of hazardous waste, including a container or inner liner that is not deemed empty as specified in Env-Hw 401.03(d), provided that:

       1. a. The weight of the hazardous waste, including any residue remaining in a non-empty container or inner liner, is counted; and
       2. b. The non-empty container and inner liner are managed as hazardous waste;

   11. (11) A hazardous waste pharmaceutical that is:

       1. a. Subject to or managed in accordance with Env-Hw 1300; or
       2. b. Regulated as a United States Drug Enforcement Administration controlled substance and is conditionally exempt pursuant to 40 CFR 266.506, as amended by Env-Hw 1302.02(g); and
   12. (12) Hazardous waste that is managed as part of an episodic event in compliance with the conditions of Env-Hw 516.

3. (c) For purposes of (b)(2), above, “managed immediately upon generation” means that treatment begins within 24 hours after the hazardous waste is generated and:

   1. (1) Treatment is conducted in the tank, tank system, or container in which the hazardous waste was generated;
   2. (2) The hazardous waste is conveyed via permanent piping directly from the tank in which it was generated to the treatment unit without intermediate accumulation of the hazardous waste; or
   3. (3) The hazardous waste is transferred directly from the container in which it was generated into the treatment unit without intermediate accumulation of the hazardous waste.

4. (d) For purposes of (b)(3), above, “without prior storage or accumulation” means that the recycling process begins within 24 hours after the hazardous waste is generated and:

   1. (1) The recycling process is conducted in the tank, tank system, or container in which the hazardous waste was generated;
   2. (2) The hazardous waste is conveyed via permanent piping directly from the tank in which it was generated to the recycling unit without intermediate accumulation of the hazardous waste; or
   3. (3) The hazardous waste is transferred directly from the container in which it was generated into the recycling unit without intermediate accumulation of the hazardous waste.
5. (e) Wastes with EPA hazardous waste numbers F020, F021, F022, F023, F026, and F027, listed in Env-Hw 402.06, shall be counted as acutely hazardous wastes when calculating generator classification.
6. (f) A generator shall comply with the requirements for the applicable generator category as determined in accordance with (a) through (e), above.

7. (g) If a generator mixes hazardous waste with non-hazardous waste:

   1. (1) The following provisions shall determine if the resulting mixture is a hazardous waste:

      1. a. Env-Hw 404.01, regarding mixing, neutralizing, diluting, or otherwise treating hazardous waste;
      2. b. Env-Hw 401.01(b)(2), (b)(3), and (c)(2), Env-Hw 401.03(f)(2) and (f)(3), and Env-Hw 404.02, regarding the applicability of hazardous waste characteristics and listings to the mixture;
      3. c. 40 CFR 268.3(a), as incorporated and amended by Env-Hw 1202, regarding the prohibition on dilution of hazardous waste;
      4. d. 40 CFR 268.40, as incorporated and amended by Env-Hw 1202, regarding land disposal restrictions; and
      5. e. Env-Hw 502.01, regarding hazardous waste determinations; and
   2. (2) Any mixture determined to be a hazardous waste shall be a newly generated hazardous waste, the total quantity of which shall be counted along with other hazardous waste generated and accumulated onsite when determining the generator’s category pursuant to this part.

Source. #5053, eff 1-24-91; ss by #5886, eff 8-26-94; ss by #7333, eff 8-1-00; amd by #7578, eff 10-13-01; ss by #9215, INTERIM, eff 8-1-08; ss by #9367, eff 1-28-09; ss by #10205, eff 10-19-12; ss by #12347, eff 8-14-17; amd by #12922, eff 11-23-19; ss by #13406, eff 7-23-22; ss by #14280, eff 8-1-25, EXPIRES: 8-1-35 (formerly Env-Hw 503.03)