hazardous waste generators

Weekly Inspections of Hazardous Waste Containers in Satellite Accumulation Areas

Both Large and Small Quantity Generators of hazardous waste (LQG & SQG respectively) are required to conduct weekly inspections of their hazardous waste accumulation areas; typically referred to as Central Accumulation Areas (CAA’s) or 90 (for LQG’s) or 180 (for SQG’s) day accumulation areas.  I was recently at an LQG and was told by the EHS Coordinator that the weekly inspection took her almost 5 hours to complete.  The reason?  The inspection included more than 50 Satellite Accumulation Areas (SAA’s) distributed throughout the sprawling facility.  My observation that weekly inspections are not required for SAA’s caught her by surprise.  “Are you sure?” she asked.

Yes I am.

The Federal regulations for managing hazardous waste in an SAA can be found at 40 CFR 262.34(c).  The baseline requirements are known to most:

  • No more than 55 gallons of hazardous waste or 1 quart of acute hazardous waste in a single SAA.
  • In a container at or near the point of generation where the waste initially accumulates.
  • Under the control of the operator of the process generating the waste.

While waste accumulates in the SAA, the generator must comply with other routine container requirements:

  • 40 CFR 265.171:  Containers in good condition.
  • 40 CFR 265.172:  Container compatible with waste.
  • 40 CFR 265.173(a):  Container kept closed except when adding or removing waste.
  • Mark container with the words “Hazardous Waste” or other words that describe the contents (check with your State on this point specifically since some require additional information to be included).

While the waste is maintained in the SAA in compliance with the above, it is not subject to the requirements of 40 CFR 262.34(a) 0r (d); these are the regulations that refer to the weekly inspection requirements of  40 CFR 265.174.  Therefore, proper maintenance of hazardous waste in an SAA precludes the requirement for weekly inspections.

Additional requirements kick-in when the SAA volume thresholds of 55 gallons for hazardous waste or 1 quart for acute hazardous waste are reached; at that point the generator must…

  • Date the container.
  • Move it to the CAA within 3 calendar days.  Note:  not 72 hours or 3 business days.
  • Once moved to the CAA, the generator may re-date the container and then begin the 90 or 180 day accumulation time period.
  • Once moved to the CAA, the container becomes subject to all the standard hazardous waste generator requirements of 40 CFR 262.34(a).

Weekly inspections of waste containers (both hazardous waste and acute hazardous waste) are an option, not a requirement.  Decide for yourself if the benefit from inspections is worth your time and effort.  For more information about SAA’s, review this US EPA FAQ’s on the subject.

I pride myself in providing a training service that not only complies with the regulations (training is required for LQG’s at 40 CFR 265.16) but also gives you information you can use (see above) to make your job of environmental compliance easier.  Please review my schedule of open enrollment training events or contact me to schedule on-site training.

Extensions to the 90/180 Day On-Site Accumulation Time Limits for Hazardous Waste Generators

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.

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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.

Contact me with any questions you may have about the generation, identification, management, and disposal of hazardous waste

Daniels Training Services

815.821.1550

Info@DanielsTraining.com

https://www.danielstraining.com/

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.