If you are a generator of hazardous waste, one regulatory requirement you are no doubt familiar with are the limits on the number of days you may accumulate hazardous waste on-site without a permit.  These limits are:

1. Large Quantity Generator (LQG) – no more than 90 days.
2. Small Quantity Generator (SQG) – no more than 180 days.
3. Conditionally Exempt Small Quantity Generator (CESQG); aka: Very Small Quantity Generator (VSQG) in some states, no time limit.

Take this brief survey to determine your hazardous waste generator status if you are unsure.  There are exceptions to every rule, however, as there are exceptions to the 0n-site accumulation time limits for LQGs and SQGs.

Extensions available to LQGs found throughout 40 CFR 262.34:

1. 262.34(b) allows an LQG to accumulate hazardous waste on-site beyond 90 days if they have been granted an extension by the USEPA for “unforeseen, temporary, and uncontrollable circumstances”.  The extension may be for up to 30 days and is granted at the discretion of the Agency on a case-by-case basis.
2. 262.34(g) allows an LQG who also generates an F006 listed hazardous waste (wastewater treatment sludges from electroplating operations) to accumulate the F006 listed hazardous waste only on-site for up to 180 days.  No notification to the US EPA is necessary, however, the generator must comply with the requirements of 262.34(g)(1-4) to take advantage of this exception (read about the F006 waste extension).
3. 262.34(h) allows LQGs who take advantage of 262.34(g) to extend their on-site accumulation beyond 180 days to 270 days if its Treatment Storage and Disposal Facility (TSDF) is at least 200 miles away or greater from its facility.  The generator doesn’t need to gain the permission of the USEPA in order to take advantage of this extension, though be prepared to explain why you chose a TSDF 200 miles away instead of one closer.
4. 262.34(i), similar to 262.34(b), allows for a 30 day extension of the 180 or the 270 day limit for F006 waste if the generator is granted an extension from the USEPA due to, “unforeseen, temporary, and uncontrollable circumstances”.  As before, this extension is granted at the discretion of the Agency on a case-by-case basis.

Extensions available to SQG’s also found in 40 CFR 262.34:

1. 262.34(e) allows an SQG to accumulate hazardous waste on-site for up to 270 days if its TSDF is at least 200 miles away or greater from its facility.  The generator doesn’t need to gain the permission of the US EPA in order to take advantage of this extension.  Be prepared to justify your selection of a TSDF that is 200 miles away or more.
2. 262.34(f) allows an SQG to accumulate hazardous waste on-site beyond 180 or 270 days if they have been granted an extension by the USEPA for “unforeseen, temporary, and uncontrollable circumstances”.  The extension may be for up to 30 days and is granted at the discretion of the Agency on a case-by-case basis.

262.34(j-l) lists extensions available to Performance Track Members, but don’t waste time on these, the National Environmental Performance Track is kaput.

If your shipment of hazardous waste is rejected by the designated facility for some reason, 262.34(m) allows both LQGs and SQGs in this situation to manage their waste subject to the routine 90/180 day time limits, request an extension from the Agency for an additional 30 days, or – for SQGs only – keep the waste for up to 270 days if the TSDF is 200 miles away or greater.

There is one more extension to the 90/180 time limit allowed by regulation and that is for hazardous waste in Satellite Accumulation Areas pursuant to 40 CFR 262.34(c).  This exception allows unlimited time for on-site accumulation of hazardous waste (some states differ) without permit  or permission from the USEPA, it does however, come with some rather vague requirements that I will address in a later article.

The regulations can seem strict and unyielding, but built into them are exceptions that may make your life as a hazardous waste generator easier if you know where they are and how to use them.  Proper training can point you in the right direction.