In an earlier article I explained the basic requirements of the USEPAs Federal regulations for the accumulation of hazardous waste in a Satellite Accumulation Area [40 CFR 262.34(c)]. Most states with an authorized hazardous waste program incorporate the Federal regulations for SAAs and the State of Missouri is no exception. It has an authorized hazardous waste program and has largely incorporated by reference the Federal regulations, however, as the Missouri Code of State Regulations reads at 10 CSR 25-5.262:
Training for Hazardous Waste Personnel and HazMat Employees in Missouri
This rule sets forth standards for generators of hazardous waste, incorporates 40 CFR part 262 by reference, and sets forth additional state standards.
Emphasis mine.
In this article I will explain what is necessary for a generator of hazardous waste in Missouri to manage hazardous waste in a satellite accumulation area in order to comply with the regulations of the MO Department of Natural Resources [10 CSR 25-5.262(2)(C)(3)].
First, let’s review the regulatory requirements where MO DNR and USEPA agree, they include:
- Container(s) must be of good condition and suitable for the safe storage of hazardous waste.
- Container(s) must be properly marked with either the words “Hazardous Waste” or other words that identify the contents of the container.
- Container(s) must be kept securely closed except when waste is added or removed. Generator must manage the waste in a way that prevents or minimizes the possibility of exposure, spills, fire, loss of vapors, etc.
- Container(s) must be at or near the point of generation of the waste.
- Container(s) must be under the control of the operator. MO DNR guidance specifies:
SAA must be located where the process or equipment operator has a clear view of the satellite area at most times when the generating process or equipment is operating.
- SAA may not store more than one kilogram (1 Kg) of acute hazardous waste.
- No limit on the different types of hazardous waste or number of containers in an SAA. See below for an explanation of how Missouri expands on this limit.
- The weekly inspection requirements of hazardous waste containers at Large Quantity Generators or Small Quantity Generators of hazardous waste (determine your hazardous waste generator status) do not apply in SAAs (read this article to learn about USEPA regulations for weekly inspections in SAAs). However, it is a good idea to conduct periodic inspections of these areas.
Now let’s take a look where Missouri differs from the Federal regulations:
- Hazardous waste may not accumulate in an SAA for more than one year. The one year time limit for accumulation in an SAA begins at the moment the first drop of hazardous waste enters the container in the SAA. This differs greatly from the USEPA which has no limit on the amount of time a hazardous waste may accumulate in an SAA.
- Due to the above Missouri facilities have an additional marking requirement: The date of accumulation must be marked clearly on the container. In other words, the date the first drop of hazardous waste is added must be written on the container.
- You may accumulate more than 55 gallons of hazardous waste in an SAA provided you have no more than one 55-gallon container per wastestream in each SAA. This differs greatly from the USEPA which allows no more than 55-gallons total volume of hazardous waste in each SAA. Compliance with this requirement is made more difficult by the fact that you will not find any mention of it in the Missouri regulations. In a recent conversation with the MO DNR I was told that this expansion on the Federal regulations is based on an interpretation by the MO DNR and how it chooses to enforce its regulations. You will find a reference to this allowance in an MO DNR guidance document I have a link to at the end of this article.
- Once any single container is full (whether it is a 55-gallon container or smaller) it must be marked with the date the container became full, and marked, labeled and otherwise managed according to the Missouri regulations for generator storage of hazardous waste. Further, the container must be shipped off-site for final treatment, storage, or disposal or moved to the facility’s Central Accumulation Area for storage of hazardous waste within 3 calendar days of being full. If moved to the facility’s CAA, it may be dated again and stored onsite for another 90, 180, or 270 days as applicable.
- Under no conditions may a hazardous waste (acute or non-acute) remain in an SAA for longer than one year from the first moment hazardous waste is added to the container.
- MO DNR requires that personnel who are exposed to hazardous waste in an SAA receive training to ensure they are familiar with proper management procedures, health and safety risks, and procedures in the event of an emergency. This is another departure from the Federal regulations which have no training requirement for personnel exposed to hazardous waste in an SAA. Also, you won’t find this requirement in the regulations or the MO DNR guidance document. However, I was told in recent conversation with the MO DNR that they do expect you to provide this training.
Example:
A Missouri facility manages three 55-gallon and one 5-gallon container of hazardous waste in a single SAA; each container has a different kind of non-acute hazardous waste.
- The facility may continue to manage all of the hazardous waste in the SAA provided all of the applicable regulatory requirements are met.
- If any one of the containers becomes full within one year of the start of hazardous waste accumulation the container should be closed, dated, and managed according to the MO DNR regulations for hazardous waste storage. The facility has three calendar days to ship offsite or move to its CAA.
- If any container has remained in the SAA for one year from its date of initial accumulation (1st drop!) the container must be immediately removed from the SAA to the CAA or shipped offsite to a TSD Facility.
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Conclusion:
Staying on top of the Federal hazardous waste regulations of the USEPA can be a challenge. You must also be aware of those of your state, especially where it differs from the Feds; and especially if, like Missouri, your state has gone well beyond the USEPA in its regulations, interpretations, and enforcement.
If you have any doubts about your facility’s compliance with these regulations I encourage you to contact the MO DNR for a site-specific assessment of your operations. Also, here’s that MO DNR guidance document I mentioned earlier: MO DNR Hazardous Waste Satellite Accumulation.
Daniels Training Services
815.821.1550
Info@DanielsTraining.com
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I encourage you to attend my training to brush up on the Federal regulations and gain a perspective on those of your state.