The violations were discovered in an EPA inspection in September 2010. The company subsequently sold this facility in July 2011. The settlement penalty reflects the company’s compliance efforts, and its cooperation with EPA in the resolution of this matter.
See this Advisor article for the secret to storing hazardous waste without a permit.
RCRA Has Strict Hazardous Waste Storage Rules
Unless an exemption applies, if you are storing hazardous waste you must comply with the federal RCRA storage rules, which require storage facilities to be permitted. In addition, RCRA strictly regulates several types of hazardous waste storage units, including:
- Containers
- Tanks
- Containment buildings
- Surface impoundments
- Waste piles
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HAZARDOUS WASTE STORAGE OPTIONS
Containers
RCRA defines a "hazardous waste storage container" simply as any portable device used to store hazardous waste. RCRA has specific design, management, inspection, and containment system standards for containers storing hazardous wastes.
See this Advisor article on the most common container violations.
Hazardous Waste Storage Tanks
RCRA identifies and regulates four types of hazardous waste storage tanks. They are:
- Aboveground
- Onground
- Inground
- Underground
Owners and operators of any one of these types of hazardous waste storage tanks have to comply with the federal tank design, construction, secondary containment, operating, inspection, closure, and post-closure requirements.
Note: Underground tanks containing hazardous waste should not be confused with underground storage tanks holding petroleum products or hazardous chemicals. Those tanks are regulated by separate rules.
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Surface Impoundments
Unlike containers or hazardous waste storage tanks, a surface impoundment is not portable or removable from the ground. A surface impoundment is actually part of the ground. Examples of surface impoundments are aeration pits, ponds, and lagoons.
Surface impoundments can be used for storage, treatment, or disposal. A surface impoundment’s permit will designate which areas of the impoundment may be used for storage, treatment, or disposal.
Containment Buildings
RCRA’s containment building regulations offer an alternative to storing hazardous waste in containers, hazardous waste storage tanks, or waste piles.
A containment building is a totally enclosed structure used to store large amounts of bulk hazardous waste before the waste is recycled, recovered, treated, transported off-site, or disposed of.
Waste Piles
Piles of hazardous waste, or "waste piles," can be used for either storage or treatment, but not for disposal of hazardous waste. RCRA defines a pile as "any non-containerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building." (Like surface impoundments, waste piles are considered land disposal units because the waste is placed in or on the land.) Wastes in land disposal units are subject to RCRA’s stringent land disposal restriction rules set forth at 40 CFR 268, which require such wastes to be pretreated before being placed in or on the land.
Since the adoption of the containment building rules in 1993, EPA has noticed a decline in the submission of permits for waste piles. It is EPA’s unofficial view that this decline has occurred because wastes stored in a containment building are not subject to the stringent land disposal restriction regulations applicable to waste piles. The federal regulations for the design, construction, operation, inspection, closure, and post-closure of permitted waste piles can be found at 40 CFR 264.250 to 264.259.
See tomorrow’s Advisor for some frequently asked questions about hazardous waste storage.