What is the applicability of HAZWOPER to small quantity generators?
Employers who are not required to have a permit or interim status because they are conditionally exempt small quantity generators under 40 CFR 261.5 or are generators who qualify under 40 CFR 262.34 for exemptions from regulation under 40 CFR 262.34 for exemptions from regulation under 40 CFR parts 264, 265, and 270 (“excepted employers”) are not covered by paragraphs (p)(1) through (p)(7) of this section [1910.120 or 1926.65]. Excepted employers who are required by the EPA or 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 this section [1910.120 or 1926.65], and cannot be exempted by (p)(8)(i) of this section [1910.120 or 1926.65].
