Q. The wrong feedstock was placed in Tank A which holds a different one. The resulting mixed ignitable material (D001) is not usable. We intend to move this mixture out of Tank A quickly. Is Tank A subject to RCRA, or is it still a product tank?
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A. Tank A, as you refer to it, is no longer a product tank but a tank accumulating hazardous waste, and therefore subject to RCRA. Unless Tank A is a permitted hazardous waste storage tank, it would be subject to the RCRA requirements of the hazardous waste accumulation time rule at 40 CFR 262.34 until such time as you burn the hazardous waste that you have generated in your permitted RCRA hazardous waste boiler or ship the waste offsite in accordance with the hazardous waste rules.
The accumulation time rule applies as you have generated a waste (the mixture that you have stated is not usable) and that waste is hazardous (you have determined that its D001 ignitable material). As a hazardous waste generator, it is critical to comply with the accumulation time rule which requires that the tank in which the hazardous waste is being accumulated/stored prior to disposal meet the federal tank standards as specified in 40 CFR 262.34(a)(1). The tank must also be marked with the words “Hazardous Waste” and you must not keep the D001 onsite (or prior to its destruction in your permitted boiler) past the accumulation time limit (90 days for large quantity generators and 180 days for small quantity generators). You can review this information as well as the additional accumulation time requirements in the BLR topic Hazardous Waste Store and Accumulation Time.