When first developing the satellite accumulation area (SAA) regulations in 1984 (hello Knight Rider!) the U.S. Environmental Protection agency (USEPA) inadvertently failed to account for the small quantity generators (SQG) and large quantity generators (LQG) of hazardous waste that might accumulate incompatible waste in a SAA. In the Generator Improvements Rule it fixed this oversight.
The purpose of this article is to explain the regulations of 40 CFR 262.14(a)(3) – created by the Generator Improvements Rule – that now require SQGs and LQGs to comply with special requirements for incompatible wastes accumulated in a satellite accumulation area.
Before we begin…
- This is one article in a series that reviews all of the changes made to §262.15 by the Generator Improvements Rule.
- Accumulation of hazardous waste in a SAA is an option for both the LQG and SQG.
- Examples of incompatible wastes, waste components, and materials along with the harmful consequences of mixing such materials can be found in Appendix V to 40 CFR Part 265. Appendix V to Part 265 – Examples of potentially incompatible waste.
- The special standards for incompatible wastes in a SAA are very similar to the pre-existing special standards for incompatible waste in a central accumulation area (CAA) found in the regulations applicable to a SQG at §262.16(b)(v) and to a LQG at §262.17(a)(vii). The regulations from all three were copied from §265.177 where they are applicable to interim status TSDFs. The two differences between these special standards for a SAA and those for a CAA and the TSDF are:
- The regulations for a CAA and TSDF include a reference to, “piles, open tanks, and surface impoundments”. This language is not included in the regulations for a SAA since containers are the only type of waste accumulation unit allowed in SAAs.
- The regulations for a CAA and TSDF require incompatible waste to be separated, “by means of a dike, berm, wall or other device”. Due to the limited space of a SAA, USEPA replaced this language with, “by any practical means”.
- FAQ: What is a satellite accumulation area?
- FAQ: What is a central accumulation area?
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Scope and Applicability:
- These new regulations were created by the Generator Improvements Rule, which may not yet be adopted by your state. FAQ: What is the status of the Generator Improvements Rule in my state?
- Some states noticed this oversight in the USEPA regulations long ago and have already made revisions to their state regulations to address this issue. Check with your state.
- These regulations are applicable solely to the accumulation of hazardous waste in a satellite accumulation area by a LQG or SQG.
- Though only hazardous waste are accumulated in a SAA, §262.15(a)(3) refers to both incompatible wastes and incompatible materials that require special standards. Examples of both can be found in Appendix V to 40 CFR Part 265.
40 CFR 262.15(a)(3):
(3) Special standards for incompatible wastes.
(i) Incompatible wastes, or incompatible wastes and materials, (see appendix V of part 265 for examples) must not be placed in the same container, unless §265.17(b) of this chapter is complied with.
(ii) Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material (see appendix V of part 265 for examples), unless §265.17(b) of this chapter is complied with.
(iii) A container holding a hazardous waste that is incompatible with any waste or other materials accumulated nearby in other containers must be separated from the other materials or protected from them by any practical means.
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What’s it mean?
The new regulations have three requirements for hazardous waste containers in a SAA:
- Incompatibles must not be placed in the same container unless §265.17(b) is complied with. This is meant to prevent the comingling of incompatibles in the same container unless the generator is certain it will not result in a dangerous reaction.
- Hazardous waste must not be placed in an unwashed container that previously held any incompatible unless §265.17(b) is complied with. A LQG or SQG may reuse containers on-site for the accumulation of hazardous waste and also use them for 0ff-site transportation. This requirement is meant to prevent a dangerous reaction due to mixing of the hazardous waste with the residue remaining in the RCRA Empty container.
- The “RCRA Empty” Exemption from Hazardous Waste Regulation will show how to empty a container of product to make it acceptable for the accumulation of a waste.
- Reuse of HazMat Packaging for the Shipment of Hazardous Waste describes how a SQG or LQG may reuse a HazMat packaging for the off-site transportation of hazardous waste.
- Containers holding incompatibles must be separated or protected from each other by any practical means. Whereas the regulations applicable to hazardous waste in a CAA or at a TSDF require incompatible waste to be separated, “by means of a dike, berm, wall or other device”, these for hazardous waste in a SAA require separation “by any practical means”. This provides a lot of flexibility to the SQG or LQG.
A full understanding of the new requirements is only possible with an awareness of §265.17(b), which is explained below.
What is §265.17(b)?
§265.17(b), like §265.177, is part of the regulations applicable to an interim status hazardous waste treatment, storage, and disposal facility (TSDF). In this case, however, its requirements are applicable to a SQG or LQG due to the direct reference to it in §262.15(a)(3)(i-ii). To summarize §265.17(b): where the mixture or commingling of incompatibles is allowed by regulation (as it is in §262.15(a)(3)(i-ii)), it must be done so it does not result in any of the following:
- Generate extreme heat or pressure, fire or explosion, or violent reaction.
- Produce uncontrolled toxic mists, fumes, dusts, or gases in quantities that will threaten human health.
- Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosion.
- Damage the structural integrity of the device containing the waste.
- In any other way threaten human health or the environment.
Q: OK. Fine. §265.17(b) tells me what I must prevent from happening if mixing or commingling of incompatibles is to occur. Does it tell me how to do this?
A: No. §265.17(b) can be thought of as a performance standard for what the generator must achieve and not as a prescription of what they must do to achieve it.
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“…by any practical means.”?
USEPA replaced the original regulatory language in §265.177, “by means of a dike, berm, wall or other device” with the phrase, “by any practical means” in order to address the concerns of the regulated community that felt the use of a dike, berm, wall, or other device in a SAA was not practical nor safe.
Examples of “by any practical means.” acceptable to USEPA include:
- Segregate incompatible wastes onto separate pallets. Pallets holding incompatible wastes are separated by at least on pallet width (i.e., the “pallet footprint”) in all directions. Using this method, a pallet of oxidizers and a pallet of flammables cannot be placed next to, above, or below each other.
- Drip trays or secondary containers may also be used to segregate incompatibles in SAAs.
Conclusion:
Safe work practices should have most hazardous waste generators already segregating their incompatibles, even those in a SAA. In that case, you may consider this as a “codification of an existing safe practice”. If you have not addressed the incompatibles in your SAA, now is the time.