R315-262-14. General -- 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 Section R315-262-14, hazardous waste generated by the very small quantity generator is not subject to the requirements of Rules R315-124, 262 (except Sections R315-262-10 through R315-262-14) through R315-268, and R315-270, and the notification requirements of section 3010 of RCRA and the very small quantity generator may accumulate hazardous waste 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 Section R315-260-10;

  (2) The very small quantity generator complies with Subsections R315-262-11(a) through (d);

  (3) If the very small quantity generator accumulates at any time greater than 1 kilogram (2.2 lbs) of acute hazardous waste or 100 kilograms (220 lbs) 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 Section R315-261-31 or Subsection R315-261-33(e), 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 in Subsection R315-262-14(a)(3); and

  (ii) The conditions for exemption in Subsections R315-262-17(a) through (g).

  (4) If the very small quantity generator accumulates at any time 1,000 kilograms (2,200 lbs) 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 in Subsection R315-262-14(a)(4);

  (ii) The quantity of waste accumulated on site never exceeds 6,000 kilograms (13,200 lbs); and

  (iii) The conditions for exemption in Subsections R315-262-16(b)(2) through (f).

  (5) A very small quantity generator that accumulates hazardous waste in amounts less than or equal to the limits in Subsections R315-262-14(a)(3) and (4) shall either treat or dispose of its 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 Rule R315-270;

  (ii) In interim status under Rules R315-265 and 270;

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

  (iv) Permitted, licensed, or registered by a state to manage municipal solid waste and, if managed in a municipal solid waste landfill is subject to Rules R315-301 through R315-320;

  (v) Permitted, licensed, or registered by a state to manage non-municipal non-hazardous waste and, if managed in a non-municipal non-hazardous waste disposal unit, is subject to the requirements in Rules R315-301 through R315-320 or 40 CFR 257.5 through 257.30;

  (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 Rule R315-273, a universal waste handler or destination facility subject to the requirements of Rule R315-273;

  (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 Section R315-260-10. "Control,'' for the purposes of Subsection R315-262-14(a)(5)(viii), 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 Section R315-260-10 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:

  (I) the applicable hazardous waste characteristic(s), i.e., ignitable, corrosive, reactive, toxic;

  (II) hazard communication consistent with the Department of Transportation requirements at 49 CFR part 172 subpart E, labeling, or subpart F, placarding;

  (III) a hazard statement or pictogram consistent with the Occupational Safety and Health Administration Hazard Communication Standard at 29 CFR 1910.1200; or

  (IV) a chemical hazard label consistent with the National Fire Protection Association code 704.

  (ix) Reserved

  (x) Reserved

  (xi) For airbag waste, an airbag waste collection facility or a designated facility subject to the requirements of Subsection R315-261-4(j).

  (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 Sections R315-262-230 through 233 in lieu of Sections R315-262-15, 16, and 17.