Of course, certain RCRA storage or “accumulation” rules must be met in order to avoid the need for a hazardous waste storage permit. Satellite accumulation is intended by EPA for industries that generate small amounts of hazardous waste in numerous locations at a facility. It allows generators to accumulate small amounts of hazardous waste until the 55-gal or the 1-qt limit has been reached. Once the quantity limit has been reached, the generator has 3 days to move the container to the facility’s central accumulation area, where it can remain for the applicable amount of time (up to 90 days for large quantity generators (LQGs) and up to 180 or 270 days for small quantity generators (SQGs)).
If hazardous waste is managed in accordance with the satellite accumulation provision, the LQG or SQG is not required to have a permit or interim status, nor does the generator have to comply with the on-site storage rules that apply to LQGs (40 CFR 262.34(a)) or SQGs (40 CFR 262.34(d)) that accumulate hazardous waste in their central accumulation area.
What Must Be Done to Comply?
Satellite accumulation standards set forth in the federal RCRA regulations at 40 CFR 262.34(c) require the generator to:
- Keep the containers “at or near any point of generation where wastes initially accumulate.”
- Keep the containers “under the control of the operator of the process generating the waste.”
- Mark the containers with the words “Hazardous Waste” or with other words that identify the container’s contents (e.g., “spent toluene solvent” or “green tank waste”).
- Comply with the container use and management regulations found at 40 CFR 265.171, 40 CFR 265.172, and 40 CFR 265.173(a) (i.e., the container must be in good condition, compatible with the hazardous waste placed in it, and always closed except when adding or removing waste).
- Transfer the waste, once the 55-gal or 1-qt level has been reached, within 3 days to a container in the main storage area, or send the waste off-site for additional treatment, storage, or disposal.
Note: During the 3 days that the accumulated waste is waiting to be transferred to the central accumulation area, the generator must mark the container with the date the excess waste began accumulating. The regulation’s allowance of 3 days to move the waste to the central accumulation area has the effect of stretching the 90-day accumulation period for an LQG to 93 days, or, for an SQG, stretching the 180- (or 270)‑day period to 183 (or 273) days.
Additional Resources:
EPA Memorandum: Frequently Asked Questions About Satellite Accumulation Areas
Q and A re the Types and Quantities of Waste Stored in Satellite Accumulation Areas at the Same Time
Side-by-Side Comparison: Satellite Accumulation vs. Academic Labs Rule
EPA Generator Inspection Checklist
By Elizabeth Dickinson, J.D. BLR Legal Editor
ldickinson@blr.com
Elizabeth M. Dickinson, J.D., is a Legal Editor for BLR’s environmental publications, focusing primarily on hazardous waste related topics. Ms Dickinson has covered environmental developments since 1994. Before starting her career in publishing, she was a corporate and securities attorney at Cummings & Lockwood and at Aetna Life and Casualty, both in Hartford, Connecticut. She received a Bachelor of Arts degree, cum laude, in English and American Literature and Language from Harvard University and her Juris Doctorate, cum laude, from the University of Connecticut School of Law, where she was an Articles Editor of the Connecticut Law Review. Ms. Dickinson is licensed to practice law in Connecticut.