40 CFR §262.34 Accumulation time.
(a)
Except as provided in paragraphs (d), (e), and (f) of this
section, a generator may accumulate hazardous waste on-site for
90 days or less without a permit or without having interim
status, provided that:
(1) The waste is placed:
(i) In containers and the generator complies with subpart I of 40
CFR Part 265; and/or
(ii) In tanks and the generator complies with subpart J of 40 CFR
Part 265, except §§265.197(c) and 265.200; and/or
(iii) On drip pads and the generator complies with subpart W of
40 Part 265 and maintains the following records at the facility;
(A) A description of procedures that will be followed to ensure
that all wastes are removed from the drip pad and associated
collection system at least once every 90 days; and
(B) Documentation of each waste removal, including the quantity
of waste removed from the drip pad and the sump or collection
system and the date and time of removal.
In addition, such a generator is exempt from all requirements in
subparts G and H of 40 CFR Part 265, except for §§265.111 and
265.114.
(2) The waste is placed on drip pads and the generator complies
with subpart W of 40 CFR Part 265 and maintains the following
records at the facility:
(i) A description of procedures that will be followed to ensure
that all wastes are removed from the drip pad and associated
collection system at least once every 90 days; and
(ii) Documentation of each waste removal, including the quantity
of waste removed from the drip pad and the sump or collection
system and the date and time of removal.
In addition, such a generator is exempt from all the requirements
in subparts G and H of 40 CFR Part 265, except for §§265.111
and 165.114.
(2) The date upon which each period of accumulation begins is
clearly marked and visible for inspection on each container;
Editorial Note: At 56 FR 30195, July 1, 1991, in 262.34,
paragraphs (a)(3) through (5) were redesignated as (a)(2) through
(4). However, a new paragraph (a)(2) was previously added to
§262.34 at 55 FR 50484, December 6, 1990. The Environmental
Protection Agency will publish a document in the Federal Register
to redesignate one of the two paragraphs (a)(2) at some future
date.
(3) While being accumulated on-site, each container and tank is
labeled or marked clearly with the words, "Hazardous
Waste''; and
(4) The generator complies with the requirements for owners or
operators in subparts C and D in 40 CFR Part 265, with §265.16,
and with 40 CFR §268.7(a)(4).
(b) A generator who accumulates hazardous waste for more than 90
days is an operator of a storage facility and is subject to the
requirements of 40 CFR Parts 264 and 265 and the permit
requirements of 40 CFR Part 270 unless he has been granted an
extension to the 90-day period. Such extension may be granted by
EPA if hazardous wastes must remain on-site for longer than 90
days due to unforeseen, temporary, and uncontrollable
circumstances. An extension of up to 30 days may be granted at
the discretion of the Regional Administrator on a case-by-case
basis.
(c)(1) A generator may accumulate as much as 55
gallons of hazardous waste or one quart of acutely hazardous
waste listed in §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
paragraph (a) of this section provided he:
(i) Complies with §§265.171, 265.172, and 265.173(a) of this
chapter; and
(ii) Marks his containers either with the words "Hazardous
Waste'' or with other words that identify the contents of the
containers.
(2) A generator who accumulates either hazardous waste or acutely
hazardous waste listed in §261.33(e) in excess of the amounts
listed in paragraph (c)(1) of this section at or near any point
of generation must, with respect to that amount of excess waste,
comply within three days with paragraph (a) of this section or
other applicable provisions of this chapter. During the three day
period the generator must continue to comply with paragraphs
(c)(1)(i) through (ii) of this section. The generator must mark
the container holding the excess accumulation of hazardous waste
with the date the excess amount began accumulating.
(d) A generator who generates greater than 100 kilograms but less
than 1000 kilograms of hazardous waste in a calendar month may
accumulate hazardous waste on-site for 180 days or less without a
permit or without having interim status provided that:
(1) The quantity of waste accumulated on-site never exceeds 6000
kilograms;
(2) The generator complies with the requirements of subpart I of
Part 265, except 265.176;
(3) The generator complies with the requirements of §265.201 in
subpart J of Part 265;
(4) The generator complies with the requirements of paragraphs
(a)(2) and (a)(3) of this section, the requirements of subpart C
of Part 265, the requirements of 40 CFR §v268.7(a)(4); and
(5) The generator complies with the following requirements:
(i) At all times there must be at least one employee either on
the premises or on call (i.e., available to respond to an
emergency by reaching the facility within a short period of time)
with the responsibility for coordinating all emergency response
measures specified in paragraph (d)(5)(iv) of this section. This
employee is the emergency coordinator.
(ii) The generator must post the following information next to
the telephone:
(A) The name and telephone number of the emergency coordinator;
(B) Location of fire extinguishers and spill control material,
and, if present, fire alarm; and
(C) The telephone number of the fire department, unless the
facility has a direct alarm.
(iii) The generator must ensure that all employees are thoroughly
familiar with proper waste handling and emergency procedures,
relevant to their responsibilities during normal facility
operations and emergencies;
(iv) The emergency coordinator or his designee must respond to
any emergencies that arise. The applicable responses are as
follows:
(A) In the event of a fire, call the fire department or attempt
to extinguish it using a fire extinguisher;
(B) In the event of a spill, contain the flow of hazardous waste
to the extent possible, and as soon as is practicable, clean up
the hazardous waste and any contaminated materials or soil;
(C) In the event of a fire, explosion, or other release which
could threaten human health outside the facility or when the
generator has knowledge that a spill has reached surface water,
the generator must immediately notify the National Response
Center (using their 24-hour toll free number 800/424-8802). The
report must include the following information:
(1) The name, address, and U.S. EPA Identification Number of the
generator;
(2) Date, time, and type of incident (e.g., spill or fire);
(3) Quantity and type of hazardous waste involved in the
incident;
(4) Extent of injuries, if any; and
(5) Estimated quantity and disposition of recovered materials, if
any.
(e) A generator who generates greater than 100 kilograms but less
than 1000 kilograms of hazardous waste in a calendar month and
who must transport his waste, or offer his waste for
transportation, over a distance of 200 miles or more for off-site
treatment, storage or disposal may accumulate hazardous waste
on-site for 270 days or less without a permit or without having
interim status provided that he complies with the requirements of
paragraph (d) of this section.
(f) A generator who generates greater than 100 kilograms but less
than 1000 kilograms of hazardous waste in a calendar month and
who accumulates hazardous waste in quantities exceeding 6000 kg
or accumulates hazardous waste for more than 180 days (or for
more than 270 days if he must transport his waste, or offer his
waste for transportation, over a distance of 200 miles or more)
is an operator of a storage facility and is subject to the
requirements of 40 CFR Parts 264 and 265 and the permit
requirements of 40 CFR Part 270 unless he has been granted an
extension to the 180-day (or 270-day if applicable) period. Such
extension may be granted by EPA if hazardous wastes must remain
on-site for longer than 180 days (or 270 days if applicable) due
to unforeseen, temporary, and uncontrollable circumstances. An
extension of up to 30 days may be granted at the discretion of
the Regional Administrator on a case-by-case basis.
(47 FR 1251, Jan. 11, 1982, as amended at 48 FR 14294, Apr. 1,
1983; 49 FR 49571, Dec. 20, 1984; 51 FR 10175, Mar. 24, 1986; 51
FR 25472, July 14, 1986; 55 FR 22684, June 1, 1990; 55 FR 50483,
Dec. 6, 1990; 56 FR 3877, Jan. 31, 1991; 56 FR 30195, July 1,
1991)