Unless exempted by regulation, in order to store hazardous waste onsite a generator of hazardous waste must either be a permitted Treatment Storage and Disposal Facility (TSDF) or comply with the Hazardous Waste Generator Standards of 40 CFR 262. 40 CFR 262.34 identifies the four Hazardous Waste Accumulation Units allowed a non-permitted generator and the compliance requirements of each. The purpose of this article is to describe the four Hazardous Waste Accumulation Units and summarize their regulatory requirements.
The four Hazardous Waste Accumulation Units are identified in 40 CFR 262.34(a)(1)(i-iv) and defined at 40 CFR 260.10:
Table 1: The Hazardous Waste Accumulation Units
|
Hazardous Waste Accumulation Unit 40 CFR 262.34(a)(1)(..) |
Definition 40 CFR 260.10 |
| (i) Container | Container means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled. |
| (ii) Tank | Tank means a stationary device, designed to contain an accumulation of hazardous waste which is constructed primarily of non-earthen materials (e.g., wood, concrete, steel, plastic) which provide structural support. |
| (iii) Drip Pad | Drip pad is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants. |
| (iv) Containment Building | Containment building means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of subpart DD of parts 264 or 265 of this chapter. |
The use of the Hazardous Waste Accumulation Units will be limited by your hazardous waste generator status; while a large quantity generator of hazardous waste may use any of the above accumulation units to store/accumulate its hazardous waste, a small quantity generator may utilize only Containers or Tanks. If an SQG wishes to use a Drip Pad or Containment Building for its hazardous waste it must comply with the regulations applicable to an LQG, including but not limited to: on-site accumulation time limits, training, contingency plan, & etc. Further complicating matters, the requirements for managing hazardous waste in Containers and Tanks will differ for LQG’s and SQG’s. Table 2 identifies the applicable regulations by accumulation unit and generator status.
Table 2: The Applicable Regulations for Hazardous Waste Accumulation Units and Generator Status
|
Hazardous Waste Accumulation Unit 40 CFR 262.34(a)(1)(..) |
Additional Requirements for LQG 40 CFR 265 |
Additional Requirements for SQG 40 CFR 265 |
| (i) Container |
Subpart I Subpart AA, BB, & CC as applicable |
Subpart I except 265.176 & 265.178 |
| (ii) Tank |
Subpart J, except 265.197(c) & 265.200 Subpart AA, BB, & CC as applicable |
40 CFR 265.201 in Subpart J |
| (iii) Drip Pad |
Subpart DD |
N/A |
| (iv) Containment Building |
Subpart W |
N/A |
The Drip Pad accumulation unit has a further restriction in that its use is limited solely to generators accumulating wood preserving waste.
As noted earlier, a generator of hazardous waste does not require a permit for the on-site storage/accumulation of its waste as long as it complies with the applicable regulations of 40 CFR 265 (identified in Table 2) and the generator standards of 40 CFR 262.34(a)(1) which include additional requirements for each of the accumulation units.
Most generators of hazardous waste (in my experience) accumulate hazardous waste in a Container such as a 55- or 30-gallon drum, a 5-gallon bucket, or an Intermediate Bulk Container (IBC) of anywhere up to 500-gallons. However, accumulation of hazardous waste in a Tank is not uncommon either and the Drip Pad and Containment Building units are vital to those whose waste generation and accumulation require them.
Whatever Hazardous Waste Accumulation unit you are using, make certain that you are in compliance with the applicable RCRA regulations. If you are an LQG, then annual training of all Facility Personnel is required. If an SQG, then you must ensure Facility Personnel are “thoroughly familiar” with regulatory compliance and emergency response procedures. Contact me for the training you need to ensure compliance and stay safe.