The owner or operator of a TSDF wishes to convert some of the permitted storage units into generator 90-day accumulation units to manage hazardous wastes generated on-site. What requirements must be complied with before a permitted unit may operate as a generator 90-day accumulation unit?
Generally, a unit removed from the jurisdiction of a RCRA permit must be closed in accordance with all applicable closure provisions for permitted units. However, since the converted units will continue to store hazardous waste, conversion will not trigger closure requirements because the unit will not have received its final volume of hazardous waste (40 CFR 264.113(a)). Once the unit receives waste for the last time, the owner or operator must comply with the more stringent permitted closure provisions in 40 CFR 264, Subpart G (and the unit-specific closure requirements), rather than the closure provisions for generator accumulation units referenced in 40 CFR 262.34(a).
In addition, the owner or operator must maintain financial assurance pursuant to 40 CFR 264, Subpart H, until closure of the unit is complete. To indicate that hazardous waste management activities in the converted unit are no longer covered by the facility’s permit, the facility must submit the appropriate permit modification.
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May a transporter store hazardous waste in stationary tanks at a transfer facility and still remain subject to the reduced transfer facility requirements of 40 CFR 263.12?
No. A transporter may not store hazardous waste in stationary tanks and still remain subject to the reduced transfer facility requirements because such tanks are not portable. To store hazardous waste at a transfer facility without a permit or interim status, the transporter must meet three criteria:
- The transporter may store only manifested shipments of hazardous waste.
- Waste must be held in containers (including tank cars and cargo tanks) that meet DOT packaging requirements.
- The waste may be held only for 10 days or less.
The transfer facility provisions, therefore, apply to storage in portable containers (to accommodate the normal and routine activities of the transportation industry). Storage of waste in stationary tanks at a transfer facility would not be a normal or routine activity of the transportation industry and thus, is prohibited unless the facility has a permit or interim status.
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A large automobile manufacturing corporation owns several factories nationwide, including five facilities that generate hazardous waste. These facilities typically generate more than 1000 kg of hazardous waste per calendar month and comply with the LQG standards in 40 CFR Part 262. All of these facilities accumulate their hazardous waste in containers for 90 days or less before sending it off-site to a permitted TSDF. If one of the facilities has extra container storage space during one month, can it accept hazardous waste from one of the corporation’s other facilities before shipping all of the waste to a permitted TSDF?
A generator cannot accept a shipment of hazardous waste from another company location, unless the receiving generator is a designated facility. A designated facility is defined as any hazardous waste TSDF which has received a permit or interim status or a recycling facility regulated under 40 CFR 261.6(c)(2) or Part 266, Subpart F (40 CFR 260.10). A generator subject to the requirements in 40 CFR 262 must prepare a hazardous waste manifest for any off-site shipment of hazardous waste.
On that manifest, the generator must designate a facility that is permitted to handle its hazardous waste (40 CFR 262.20(b)). Thus, once a generator sends hazardous waste off-site, it must be destined for a designated facility. In this example, the generator cannot accept additional hazardous waste from off-site because it does not meet the definition of designated facility.
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