The US EPA regulations at 40 CFR 262.34(c) – known as the Satellite Accumulation Area (SAA) regulations even though the word “satellite” is not used – are designed to allow a generator of hazardous waste to accumulate a limited amount of hazardous waste onsite for an unlimited period of time. This can be done without regard to the accumulation time limits for their respective generator status:
- Large Quantity Generator (LQG) of hazardous waste: ≤90 days for onsite accumulation/storage of hazardous waste.
- Small Quantity Generator (SQG) of hazardous waste: ≤180 days for onsite accumulation/storage of hazardous waste.
A Conditionally Exempt Small Quantity Generator (CESQG) of hazardous waste is allowed to accumulate hazardous waste onsite for an unlimited period of time and therefore would likely find no use for an SAA.
Advantages to accumulating hazardous waste in Satellite Accumulation Areas:
- May accumulate hazardous waste onsite for an unlimited period of time. Check with your State however; Missouri is one I am aware whose SAA regulations contain more restrictions than the Federal.
- Not required to conduct a weekly inspection.
- Not required to comply with the RCRA air emission standards of §265, Subparts A, B, & C.
- Annual training is not required for facility personnel whose only exposure to hazardous waste is in SAA’s.
- May be more than one container and may be more than one type of hazardous waste.
- No limit to the number of SAA’s or total waste accumulated in SAA’s facility-wide.
Restrictions and requirements for using Satellite Accumulation Areas:
- Limited to ≤55 gallons of hazardous waste per SAA.
- May accumulate hazardous waste solely in containers as defined at §260.10. Accumulation in tanks, containment buildings, or drip pads is not allowed.
- Container must be labeled “Hazardous Waste” or other words to identify the contents, eg: “Paint & Solvent Waste”.
- Container must be closed except when adding or removing waste.
- Container must be at or near the point of generation where waste initially accumulates; and,
- Under the control of the operator of the process generating the waste.
- When the limit of 55 gallons is reached: (1) date the container. (2) three calendar days to move the container to a Central Accumulation Area (CAA or 90/180 Day Accumulation Area).
The Top 5 Satellite Accumulation Area violations:
- Failure to keep the container closed except when adding or removing hazardous waste.
- Failure to mark the container with the words, “Hazardous Waste” or other words describing the contents.
- Container is not at or near the point of generation.
- Storing >55 gallons of hazardous waste.
- Not dating a container with hazardous waste above the 55 gallon threshold.
- Not moving a dated container from the SAA to a CAA within 3 calendar days. Note: this is not 3 business days, and it is not 3 twenty-four hour periods.
Check with your State to ensure compliance. Or, contact me with questions about management of hazardous waste in SAA’s, CAA’s, or in general.
The US EPA regulations that allow for the management of hazardous waste in Satellite Accumulation Areas (SAA’s) provides great flexibility to hazardous waste generators who are able to take advantage of the regulations at 40 CFR 262.34(c). Benefits include:
- No on-site accumulation time limit (check with your State to confirm this).
- No requirement for weekly inspections of SAA’s.
- Training not required for facility personnel who work only at SAA’s.
- RCRA air emission standards at 40 CFR 265, Subpart AA, BB, & CC don’t apply.
That should be enough, but some mistakenly think that there is one more benefit: The hazardous waste accumulated in SAA’s does not count toward your monthly hazardous waste generator status determination. This is mistaken. Hazardous waste in SAA’s does count towards your monthly hazardous waste generator status; here’s why:
A generator of hazardous waste is required to count all the hazardous waste generated in their facility in a calendar month to determine their generator status unless specifically exempted. Wastes that are not required to be counted towards generator status are identified in 40 CFR 261.5(c) and in a past article of mine: Counting Hazardous Waste to Determine Generator Status. Hazardous wastes accumulated in SAA’s are not included in this list of excluded wastes and must therefore be included in your monthly determination of your hazardous waste generator status (RO 14703 – #12 of the FAQ’s).
Determination of your hazardous waste generator status is an early important step. If you are a Large Quantity Generator of hazardous waste (LQG) you must also train facility personnel annually to ensure compliance with the RCRA regulations. Contact me for a free consultation of your RCRA & DOT HazMat Employee training needs.
The EPA regulations for the management of hazardous waste in “Satellite Accumulation Areas”, which, incidentally doesn’t define or use the term “Satellite Accumulation Areas” can be found at 40 CFR 262.34(c). Here we learn the seven most important requirements to maintain compliance:
- No more than 55 gallons of hazardous waste or one quart of acutely hazardous waste.
- In containers.
- At or near the point of generation where the waste initially accumulates.
- Waste is under the control of the operator of the process generating the waste.
- Comply with 40 CFR parts: 265.171 – Condition of Containers, 265.172 – Compatibility of Waste with Container, and 265.173(a) – Closed Container.
- Mark container with the words “Hazardous Waste” or other words that identify the contents (ie. Waste Flammable Paint).
- When volume threshold from #1 is reached, generator has three (3) days to comply with applicable regulations as a generator of hazardous waste (either large quantity generator or small quantity generator).
#7 stated another way: When the volume threshold is reached the container must be closed, labeled “Hazardous Waste” and the date marked on the container. Within three days the container must be moved to the Central Accumulation Area (aka: 90/180 day accumulation area). What is meant by “three days”? Pursuant to RCRA On-Line FAQ’s:
Three days means three consecutive days. It does not mean three working days or three business days. Originally, the Agency had proposed to use 72 hours as the time limit but realized that determining when 72 hours had elapsed would have required placing both the date and time of day on containers. In the final rule the Agency switched to using three days so that generators only need to date containers that hold the excess of 55 gallons of hazardous waste (or 1 quart of acute hazardous waste).
So, as an example, today is Thursday, May 10th and sometime tonight on second shift a container in an SAA reaches the 55 gallon threshold. The operator, being properly trained and informed, closes the container, marks the date (4.10.12) on the exterior, and goes home. If the container is not moved to the CAA on the 11th, by the time you arrive for work on Monday May 14th – only two business days later, but four consecutive days – you’ve got yourself a violation of the regulations.
It’s little things like this that can be misunderstood and result in violations. It is these aspects of the regulations that I pride myself on covering in my RCRA Training for Hazardous Waste Personnel. I perform the same service for HazMat Employees who require triennial training by the DOT. Whether it’s public/open enrollment or on-site, I can provide the training you need in one day.
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.
