Employers who are not required to have a hazardous-waste-related permit or interim status because of the following, are not covered by paragraphs (p)(1) through (p)(7) of 29 CFR 1910.120 or 1926.65:
- They are very small quantity generators under 40 CFR 262.13, or
- They are generators who qualify for exemptions from permitting under 40 CFR 264, 265, and 270 (“excepted employers”).
However, excepted employers who are required by EPA or a state agency to have their employees engage in emergency response or who direct their employees to engage in emergency response are covered by paragraph (p)(8) of 1910.120 or 1926.65, and cannot be exempted by (p)(8)(i) of 1910.120 or 1926.65.