EPA Region 2 issued an Administrative Complaint pursuant to Section 3008 of RCRA against the Respondent's New York Operation (which subsequently closed), located in Rochester, NY, alleging that Respondent operated a hazardous waste management facility without having obtained a permit or qualifying for interim status because it failed to comply with the requirements necessary for an exemption from permitting. Small and large quantity generators of hazardous waste must comply with the hazardous waste container management requirements, hazardous waste storage area inspection requirements, and must meet certain preparedness and prevention requirements to be exempt from permitting. Respondent should have therefore either complied with all conditions necessary for the short term storage of hazardous waste to be exempt from hazardous waste permitting requirements or submitted an application to the New York State Department of Environmental Conservation for a hazardous waste permit for its facility and immediately, while the application was pending, complied with all applicable rules and regulations, until it obtained such permit and it had taken effect.