RCRA’s Accumulation Time Rule: The Secret to Storing Hazardous Waste Without A Permit

RCRA says a generator of hazardous waste may “accumulate” (i.e., store) hazardous waste on-site without a storage permit provided the generator complies with what is referred to as the “accumulation time rule” for generators. The accumulation rule addresses:

• The quantity of hazardous waste that may be accumulated,
• The length of time during which hazardous waste may be accumulated, and
• The manner in which the waste must be accumulated onsite.

There are accumulation time rule requirements that apply to both large quantity generators (LQGs) (persons generating 1,000 kilograms (kg) or more of hazardous waste or more than 1 kg of acutely hazardous waste per month) and small quantity generators (SQGs) (persons generating more than 100 kg but less than 1,000 kg of hazardous waste and no more than 1 kg of acutely hazardous waste per month) as well as requirements specific to each type of generator. Conditionally exempt small quantity generators (CESQG) (persons generating no more than 100 kg of hazardous waste and no more than 1 kg of acutely hazardous waste per month) are subject only to limitations on the quantity of hazardous waste that may be accumulated.

LQG Storage Time and Quantity Limitations

LQGs may accumulate hazardous waste on-site for up to 90 days without a storage facility permit. However, to take advantage of the 90-day, permit-free accumulation period, the LQG has to comply with specific on-site storage requirements that are discussed in the On-Site Storage Management section of this article.

There is no limitation on the quantity of hazardous waste that may be stored by LQGs during the 90-day period.

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180 days for F006 Wastes

LQGs of wastewater treatment sludges from the metal finishing industry (i.e., EPA Waste F006) may accumulate this hazardous waste on-site for up to 180 days without a permit provided that (40 CFR 262.34(g)):

• The LQG has implemented pollution prevention practices that reduce the amount of any hazardous substances, pollutants, or contaminants entering F006 or otherwise released to the environment before recycling.
• The F006 waste is legitimately recycled through metals recovery.
• No more than 20,000 kg of F006 is accumulated on-site at any one time.
• The LQG complies with the land disposal restrictions at 40 CFR 268.7(a)(5) and the interim-status treatment, storage, and disposal facility (TSDF) requirements at 40 CFR 265.16 and 40 CFR 265, Subparts C and D.
• The waste is placed in containers, tanks, or containment buildings.
• If the waste is placed in containers, the generator complies with 40 CFR 265, Subparts I, AA, BB, and CC; clearly marks on the container the date each accumulation begins (which is visible for inspection); and, while the waste is being accumulated on-site, clearly labels or marks each container with the words “Hazardous Waste.”
• If the waste is placed in tanks, the generator complies with 40 CFR 265, Subparts J, AA, BB, and CC (except for 40 CFR 265.197(c) and 40 CFR 265.200), and, while the waste is being accumulated on-site, clearly labels or marks each tank with the words “Hazardous Waste.”
• If the waste is placed in a containment building, the LQG complies with 40 CFR 265, Subpart DD, and the requirements of 40 CFR 262.34(g)(4)(i)(C).

270 days. If the LQG must transport its F006 waste over a distance of 200 miles or more for off-site metals recovery, the generator may accumulate F006 on-site for up to 270 days provided the LQG complies with the requirements for accumulating F006 for up to 180 days (40 CFR 262.34(h)).

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SQG Storage Time and Quantity Limitations

180-day period. SQGs are allowed to store hazardous waste on-site for up to 180 days without a storage facility permit provided the quantity stored on-site never exceeds 6,000 kg (40 CFR 262.34(d)). See the On-Site Storage Management section in this article for additional guidance.

270-day period. An SQG may accumulate hazardous waste for up to 270 days without a storage facility permit if it has to transport its waste, or offer its waste for transportation, over a distance of 200 miles or more for off-site treatment, storage, or disposal, and provided that the SQG complies with the SQG 180-day accumulation requirements (40 CFR 262.34(e)).

CESQG Quantity Limitations

While not subject to any specific time limits in connection with accumulating hazardous waste on-site, CESQGs are subject to restrictions on the quantity of hazardous and acute hazardous waste that may be accumulated on-site. CESQGs may not accumulate more than 1,000 kg of hazardous waste at any time. Similarly, CESQGs may not exceed an on-site accumulation of a total of 1 kg of acute hazardous waste and a total of 100 kg of any residue or contaminated soil, waste, or other debris resulting from the cleanup of a spill of acute hazardous wastes.

See tomorrow’s Advisor for more on the satellite accumulation rule.