Current through Register Vol. 48, No. 9, September 27, 2024
(a) A
generator may accumulate as much as fifty-five (55) gallons of non-acute
hazardous waste and/or either one (1) quart of liquid acute hazardous waste
listed in R.61-79.261.31 or section 261.33(e), or one (1) kg (2.2 pounds) of
solid acute hazardous waste listed in R.61-79.261.31 or section 261.33(e) in
containers at or near any point of generation where wastes initially accumulate
which is under the control of the operator of the process generating the waste,
without a permit or interim status and without complying with the requirements
of R.61-79.124, 264, and 270, provided that all of the conditions for exemption
in this section are met. A generator may comply with the conditions for
exemption in this section instead of complying with the conditions for
exemption in section 262.16(b) or section 262.17(a), except as required in
section 262.15(a)(7) and (8). The conditions for exemption for satellite
accumulation are:
(1) If a container holding
hazardous waste is not in good condition, or if it begins to leak, the
generator must immediately transfer the hazardous waste from this container to
a container that is in good condition and does not leak, or immediately
transfer and manage the waste in a central accumulation area operated in
compliance with R.61-79.262.16(b) or 262.17(a).
(2) The generator must use a container made
of or lined with materials that will not react with, and are otherwise
compatible with, the hazardous waste to be accumulated, so that the ability of
the container to contain the waste is not impaired.
(3) Special standards for incompatible
wastes.
(i) Incompatible wastes, or
incompatible wastes and materials, (see appendix V of R.61-79.265 for examples)
must not be placed in the same container, unless R.61-79.265.17(b) is complied
with.
(ii) Hazardous waste must not
be placed in an unwashed container that previously held an incompatible waste
or material (see appendix V of R.61-79.265 for examples), unless
R.61-79.65.17(b) is complied with.
(iii) A container holding a hazardous waste
that is incompatible with any waste or other materials accumulated nearby in
other containers must be separated from the other materials or protected from
them by any practical means.
(4) A container holding hazardous waste must
be closed at all times during accumulation, except:
(i) When adding, removing, or consolidating
waste; or
(ii) When temporary
venting of a container is necessary
(A) For
the proper operation of equipment, or
(B) To prevent dangerous situations, such as
build-up of extreme pressure.
(5) A generator must mark or label its
container with the following:
(i) The words
"Hazardous Waste" and
(ii) An
indication of the hazards of the contents (examples include, but are not
limited to, the applicable hazardous waste characteristic(s) (i.e., ignitable,
corrosive, reactive, toxic); hazard communication consistent with the
Department of Transportation requirements at 49 CFR part 172 subpart E
(labeling) or subpart F (placarding); a hazard statement or pictogram
consistent with the Occupational Safety and Health Administration Hazard
Communication Standard at
29 CFR
1910.1200; or a chemical hazard label
consistent with the National Fire Protection Association code 704).
(6) A generator who accumulates
either acute hazardous waste listed in R.61-79.261.31 or section 261.33(e) or
non-acute hazardous waste in excess of the amounts listed in paragraph (a) of
this section at or near any point of generation must do the following:
(i) Comply within three (3) consecutive
calendar days with the applicable central accumulation area regulations in
262.16(b) or R.61-79.262.17(a), or
(ii) Remove the excess from the satellite
accumulation area within three (3) consecutive calendar days to either:
(A) A central accumulation area operated in
accordance with the applicable regulations in section 262.16(b) or section
262.17(a);
(B) An on-site interim
status or permitted treatment, storage, or disposal facility, or
(C) An off-site designated facility;
and
(iii) During the
three (3)-consecutive-calendar-day period the generator must continue to comply
with paragraphs (a)(1) through (5) of this section. The generator must mark or
label the container(s) holding the excess accumulation of hazardous waste with
the date the excess amount began accumulating.
(7) All satellite accumulation areas operated
by a small quantity generator must meet the preparedness and prevention
regulations of 262.16(b)(8) and emergency procedures at section
262.16(b)(9).
(8) All satellite
accumulation areas operated by a large quantity generator must meet the
Preparedness, Prevention and Emergency Procedures in R.61-79.262 subpart
M.