Previous Corner.

Satellite Accumulation

Four regulatory options are available to generators who want to accumulate or store hazardous wastes:

1. Both LQGs and SQGs can accumulate small quantities of waste (up to 55 gallons of nonacute hazardous waste) in SAAs. [RO 14618, 14703] No RCRA permit is required for this type of waste accumulation. The satellite accumulation provisions [§262.15] are discussed in this section.
2. They can accumulate wastes for up to 90 days (LQGs) or up to 180/270 days (SQGs) without a RCRA permit. [Section 270.1(c)(2)(i) codifies this permitting exemption.] This type of accumulation is governed by §§262.16–17.
3. They can store wastes in interim status or RCRA-permitted units. These units would typically be containers, tanks, containment buildings, waste piles, surface impoundments, etc. This is the least attractive option because of the cost and complexities involved with the RCRA permitting process.
4. They can accumulate or store hazardous wastes in units that are exempt from RCRA, such as elementary neutralization units or wastewater treatment units.

Satellite accumulation “areas”

When the RCRA regulations were first issued, only three types of storage or accumulation areas were allowed: 90-day areas, permitted storage areas, and exempt units. No special provisions were made for managing small quantities of wastes where they were initially generated and accumulated throughout a manufacturing facility. EPA termed these small accumulation sites “satellite accumulation areas” to distinguish them from centralized 90-day or permitted storage areas. The agency recognized satellite accumulation might occur at dozens of locations throughout a large plant (e.g., wherever sample purgings are collected), and requested comment on whether less-stringent accumulation standards were appropriate for such locations on November 19, 1980. [45 FR 76625]

After four years of consideration, EPA issued a rule that allowed for reduced regulation of wastes accumulating in SAAs. [December 20, 1984; 49 FR 49568] The SAA regulations appear in §262.15. To quickly grasp the difference between satellite units and 90-day containers, refer to Table 1. There are many similarities, but some differences.

Although the satellite accumulation regulations refer to “containers,” the provisions actually relate more to “areas.” The preamble establishing SAAs stated “Satellite areas are those places where wastes are generated in the industrial process or laboratory and where those wastes must initially accumulate prior to removal to a central area.” [49 FR 49569]

A generator typically identifies an SAA by painting lines on the floor, hanging a sign or clipboard on the wall, roping or fencing off a small area, etc. Once designated, the SAA can include multiple containers, subject to the volume limits specified in the next paragraphs. [48 FR 119] The federal regulations don’t require SAAs to be designated in any particular manner. However, this is a very good operating practice to make it clear to both the generator’s personnel and to an agency inspector that satellite accumulation is occurring.

The regulations also impose no limits on the number of SAAs a generator can designate. [RO 12859]

The quantity of waste that can accumulate in a SAA is limited to 55 gallons for nonacute wastes. Nonacute wastes are all characteristic wastes (D-coded), K-wastes, U-wastes, and F-wastes (except for the acutely hazardous dioxin wastes, coded F020–F023 and F026–F027).

For the acutely hazardous P-wastes and the F-coded dioxin wastes just cited, the accumulation limit is one quart of liquid hazardous waste or 1 kg of physically solid hazardous waste. When a facility is accumulating non-RCRA-empty P-listed containers in an SAA, only the residue within the containers is to be included in these accumulation limits. “[T]he container itself does not need to be included when calculating the maximum accumulation volume of acute hazardous waste in a SAA.” [RO 14875] This guidance is consistent with guidance in RO 14827.

In actual practice, generators typically identify an SAA for individual points of waste generation. Consider the situation where two sample taps are located side-by-side; one tap is associated with Process A, and the other with Process B. The generator can designate SAA-1 as being for sample purges taken from Process A and SAA-2 as being for sample purges from Process B. Assuming the wastes are not acutely hazardous, SAA-1 could contain up to 55 gallons of waste and SAA-2 could also contain up to 55 gallons. If only one SAA was identified, and wastes from both Processes A and B were placed in the area, the quantity limit would be 55 gallons total. [RO 11452, 14826]

SAA containers are not identified in the exceptions to the waste counting provisions of §262.13(c). These provisions are used to determine which wastes must be counted in determining whether a generator is a VSQG, SQG, or LQG. Therefore, a generator should include in its waste quantity calculations the amount of waste added to the SAAs monthly. [RO 11812, 13312, 14703] Some facilities use detailed tracking sheets or clipboards so operators can record the date and quantity added to each SAA.

While containers are in an SAA, each must be marked with the words “Hazardous Waste” and an indication of the hazards of the contents (e.g., flammable, reactive). Although it is not required that a waste code be placed on a satellite accumulation container, this is a good operating practice.

A generator places several containers within a cabinet. Does a hazardous waste label placed on the outside of the cabinet suffice, or must each individual container within the cabinet be labeled?

Placing a label with the words “Hazardous Waste” and an indication of the hazards of the contents on the outside of the cabinet will satisfy the SAA marking requirement if the cabinet meets the definition of a container. To be a satellite accumulation container, the cabinet must be portable, located at or near the point of generation and be under the control of the operator of the process generating the waste. If the cabinet does not meet all of the above requirements, each individual container within the cabinet would need to be labeled. [RO 14587]

If a facility has very small containers (e.g., vials or tubes) of hazardous waste in an SAA that are too small to label with the words “Hazardous Waste” and an indication of the hazards of the contents, how should the labeling requirement be met?

The small containers should be placed in properly labeled larger containers. [RO 14703] Generators using small containers for hazardous waste management may also attach a tag to the container to comply with the marking and labeling requirements. [81 FR 85759]

At or near the point of generation and under the control of the operator

The SAA must be “at or near the point of waste generation” and “under the control of the operator of the process generating the waste.” EPA allows the authorized regulatory agency to determine on a case-by-case basis what these terms mean. “Some Regions and states recommend utilizing an ‘in sight of’ approach to implement this requirement; however, site-specific conditions should generally determine compliance with what constitutes ‘at or near any point of generation.’” [RO 14826]

The agency believes a shed outside a building where the waste is initially generated is generally not “at or near the point of generation” (although state agencies will retain authority in making these determinations). EPA is not prohibiting remote accumulation; rather, it is clarifying that it is more appropriate to regulate the remote accumulation area as a 90/180/270-day accumulation area rather than an SAA. [81 FR 85766–7]

If a generator accumulates hazardous waste that is so dangerous it needs to be accumulated away from the point of generation, it should be accumulated under the more rigorous 90/180/270-day accumulation standards rather than the minimal requirements for SAAs. [81 FR 85766–7]

Regarding the regulatory language that an SAA is “under the control of the operator,” EPA generally notes the operator 1) is someone familiar with the operations generating the hazardous waste; 2) is aware of, and able to attend to these operations, if needed; and 3) provides some measure of controlled access. The agency gave the following examples of demonstrating that an SAA is “under the control of the operator” [81 FR 85767]:

• The operator controls access to an area, building, or room in which the SAA is located by access card, key, or lock box.
• The operator accumulates waste in a locked cabinet and controls access to the key, even if the cabinet is stored inside a room to which access is not controlled.
• The operator is regularly within view of the SAA during the course of their job.
• The operator is able to observe any individuals that may enter or exit the SAA.

There can be more than one operator having control of an SAA. For example, as employees change shifts over the course of a day, the role of the operator can be transferred from one employee to another. Likewise, there can also be more than one operator having control of an SAA at the same time. For example, multiple operators may be running laboratory equipment in the same room and share hazardous waste containers located in a single SAA. However, the term “operator” refers to an individual or individuals responsible for the equipment or processes generating the hazardous waste; it does not refer to a company or entity as a whole. [81 FR 85768]

Another implication of the term “under the control of the operator” deals with waste coding. At the point where a hazardous waste is generated, it is also assigned a waste code (e.g., F001 spent solvent). This code must follow the waste while it is in the satellite container (e.g., a red safety can), when it is transferred to a drum in a 90/180/270-day area, and when it is transferred from the drum to a tank truck for offsite transport. If someone other than the original process operator puts waste (e.g., F005 spent solvent) in the red safety can, how will the new waste code be tracked? (It might not be.)

In one interpretation, EPA indicated the SAA provisions can apply to small quantities of like wastes generated throughout a facility. For example, maintenance personnel might generate small amounts of hazardous waste from many locations in a plant, and the SAA for these wastes could be located in the maintenance shop. [RO 11728]

In essence, the “at or near” and “under the control” terms are check-with-your-state issues. Many states have written policies defining these terms.

Physical limitations

Section 262.15(a) specifies that containers used in SAAs must 1) be in good condition; 2) be compatible with the waste; 3) meet special requirements for incompatible wastes; and 4) be closed except when adding, removing, or consolidating waste or when temporary venting of the container is necessary. This fourth requirement has been the source of many notices of violation. When EPA initially discussed the closed-container provision, the agency’s intent was that waste containers be vapor tight and spill proof. [45 FR 33199] The agency provided more specific guidance on how to close satellite accumulation containers in RO 14826.

EPA interprets the SAA provisions to be available on a one-shot basis. Generators may not move hazardous waste between SAAs. Once a hazardous waste leaves an SAA, it must be destined for a 90/180/270-day accumulation area, a permitted or interim status area or unit, or offsite. However, a single SAA may have multiple points of generation. Movement or consolidation of hazardous waste within an SAA is permissible, as long as the hazardous waste remains “at or near the point of waste generation” and “under the control of the operator of the process generating the waste.” EPA has also clarified that a generator may consolidate several partially full containers of the same hazardous waste into one container before transferring it to a 90/180/270-day accumulation area. [RO 14337, 14703, 14826]

The above guidance on multiple points of generation within a single SAA is particularly useful for laboratory settings. For example, in a laboratory, nonacute wastes from several analytical instruments drain into individual 1-gallon jugs under the instrument tables. When the jugs are full, lab techs empty them into a 55-gallon drum inside the lab. What is the regulatory status of the 1-gallon jugs and 55-gallon drum? Three interpretations can be made:

1. The 1-gallon jugs are integral parts of the analytical instruments (i.e., the instruments will not work without the jugs, or maybe the instrument manufacturer supplies the jugs). In this interpretation, the jugs are not waste units and the 55-gallon drum is the satellite accumulation unit. This interpretation is sometimes accepted by state/EPA inspectors, especially if there is a log associated with the 55-gallon drum that shows when and by whom each 1-gallon jug was emptied into the 55-gallon drum. This shows the 55-gallon drum of waste (which the plant considers to be the satellite accumulation container) is “under the control of the operator of the process generating the waste.” In 2004 guidance [RO 14703], however, EPA noted the following, which gives us limited confidence in this interpretation: “Even if the discharging unit [the instrument] is not regulated under RCRA, the attached containers that collect hazardous wastes from such equipment must be in compliance with the SAA regulations….” [Emphasis in original.]
2. The 1-gallon jugs are satellite accumulation containers (as opposed to an integral part of the instrument). The 55-gallon drum is a 90/180/270-day accumulation unit because, as noted above, wastes can’t move from one satellite unit to another. This is a more conservative interpretation than the first one above.
3. Both the 1-gallon jugs and 55-gallon drum make up one SAA. As long as the total volume of waste in the 1-gallon jugs and the 55-gallon drum into which these jugs are emptied doesn’t exceed 55 gallons, the whole area could be considered a satellite area. This seems to be where EPA was headed when it stated: “It is possible for there to be multiple pieces of equipment within one SAA, and thus multiple points of generation within a single SAA, provided all the pieces of equipment are ‘at or near’ each other and ‘under the control of the operator of the process generating the waste.’ Under this scenario, the total amount of hazardous waste in the SAA would be limited to 55 gallons (or 1 quart of acute hazardous waste) and a generator would be allowed to consolidate like hazardous wastes from multiple discharging units.” [RO 14703] One concern with this approach is if the total volume of like hazardous waste (e.g., D001) in the several small jugs and 55-gallon drum could exceed 55 gallons. Physical container size or other controls must be implemented to ensure this doesn’t occur.

In a work area, an operator performs a test using virgin solvent to extract a product. When the test is complete, contaminated solvent is drained into a 5-gallon safety can. At the end of the shift, the operator transfers the spent solvent from the can into a 55-gallon drum—the drum is managed as a satellite accumulation container. Is this allowed? Can both the can and the drum be considered satellite units?

“[I]t would be permissible if spent solvent was generated at the bench and then consolidated into a 55-gallon container at the end of a shift within the same SAA, so long as the waste remained ‘at or near’ the point of generation and under the control of the operator.” [Emphasis added.] [RO 14826]

Dating requirement

The provisions of §262.15(a)(6) dealing with excess accumulations of waste in an SAA are not very clear. Supposedly, any excess accumulation beyond the 55-gallon/1-quart/1-kg limits must be removed within 3 days. The following example illustrates how this provision works in actual practice.

Consider a 55-gallon drum in an SAA associated with a sample tap. Every day, an operator purges 0.25 gallons of material from the sample tap and pours the material into the drum for disposal (i.e., the material is a hazardous waste). On June 1, the drum contains 54.75 gallons of waste, and when the operator adds the daily sample purge, it will be full. The SAA now contains the maximum allowable quantity of waste (55 gallons). On June 2, the operator brings in an empty drum and adds the daily sample purge to the new drum. On that day, the 55-gallon limit is exceeded for the SAA, and the operator must comply with §262.15(a)(6). They put the current date (June 2) on the full drum because on this day the SAA exceeds the 55-gallon limit. This is called the “date of excess accumulation.”

Once the generator dates the drum, it now has 3 consecutive calendar days (June 3, 4, and 5) to move the full drum from the SAA to one of the following destinations: 1) a 90/180/270-day accumulation area, 2) a permitted or interim status area or unit, or 3) offsite.

The above discussion is not exactly consistent with EPA’s regulatory language. Section 262.15(a)(6) requires generators to date the container holding the excess accumulation of hazardous waste and move it within 3 consecutive calendar days. In our example above, that would be the new drum holding just a little bit. Although the SAA regulations require that the “excess” amount (>55 gallons of nonacute waste, >1 quart of liquid acute waste, or >1 kg of physically solid acute waste) be removed from the SAA within 3 days, the waste accumulated before the excess amount was generated is normally the waste that is moved within 3 days. Typically, a generator removes the older waste and continues to accumulate the most recently generated waste. For example, if a generator has a 55-gallon drum in an SAA and that drum becomes full, the generator might begin accumulating newly generated waste in a second 55-gallon drum while it moves the first drum to a 90/180/270-day accumulation area. [81 FR 85766]

If the excess is not moved within 3 days, it becomes subject to the 90/180/270-day accumulation container standards, depending on the generator’s status. [RO 12503] If an inspector finds more than the limit of waste in an SAA and the date of excess accumulation is missing or if more than 3 days has elapsed, an NOV will likely result (unless the generator is complying with the 90/180/270-day accumulation container standards). If the date of excess accumulation occurs on a Friday that will be followed by a 3-day weekend, tough luck. EPA expects you to plan ahead in meeting the 3-day deadline. Three days means 3 consecutive calendar days—not 3 working or business days. [§262.15.(a)(6)(i)]

Some facilities have standard operating procedures specifying that once the waste level reaches 2–4 inches from the top of the drum, the operator dates the container and moves it to a 90/180/270-day area within 24 hours. As such, the date on the container becomes the start date for the 90/180/270-day clock as well as (or in lieu of) the date of excess accumulation. This practice is not a regulatory requirement, however. In fact, if you move a satellite accumulation container to a 90-day area, you get a total of 93 days of accumulation time after the date of excess accumulation—3 days in the SAA and 90 days from the date the waste enters the 90-day area. [RO 12503, 13410, 14703] If the waste container in the SAA is moved to the 90/180/270-day area before it exceeds the 55-gallon limit for nonacute wastes, it only needs to be dated upon arrival at the 90/180/270-day area to indicate the start of that clock.

If a 4-gallon container of nonacute hazardous waste is in an SAA, must the generator move the container from the SAA within 3 days of being filled?

No. There is no federal requirement that full containers of hazardous waste be moved within 3 days of being filled. Only when more than 55 gallons of nonacute hazardous waste is accumulated must waste be moved within 3 days. [RO 14703]

Sometimes an SAA can contain much more than 55 gallons of waste. For example, in a large chemical plant or refinery, a reactor might contain 50 cubic yards of catalyst. Hazardous spent catalyst is removed for disposal once every three years and is drained into two roll-off boxes. Because the SAA regulations don’t specify container sizes, the roll-off boxes can be considered to be SAA containers. [RO 11442] The SAA regulations require that, as soon as more than 55 gallons of catalyst is drained to the first roll-off box, the current date be applied, and all of the catalyst needs to be moved within 3 days to one of the three destinations cited earlier. Use of the SAA provisions under these circumstances was specifically addressed in the proposed SAA rule. [48 FR 120] However, EPA recommends generators contact their state agency for guidance/agreement on how such occurrences should be handled. [RO 14029]

The federal regulations do not specify how long wastes can remain in an SAA if the limits aren’t exceeded. Conceivably, wastes might accumulate for several years before the quantity limit is reached. A regulatory concern can arise under these circumstances, however, because of the storage prohibition in the land disposal restrictions (LDR). As soon as a hazardous waste is generated, it is subject to LDR, including §268.50(c). This section states if a waste is stored for more than one year, the burden of proof is on the owner/operator to show why this is necessary.

In 1990 guidance, however, EPA said the accumulation time for the LDR storage prohibition starts when the waste is moved to a central accumulation area (CAA—a 90/180/270-day or permitted area). Therefore, EPA’s perspective is hazardous waste accumulation in SAAs is not subject to the one-year storage prohibition. [OSWER Directive 9555.00-01, available from https://nepis.epa.gov/EPA/html/pubs/pubtitleOther.html by downloading the report numbered OSWER95550001] Some facilities and states may have a policy of dating SAA containers with the initial date of waste accumulation. The wastes are then moved within one year. A potential problem with this practice is that an inspector could confuse an accumulation start date with the date of excess accumulation.

Miscellaneous issues

VSQGs do not have to comply with any of the SAA provisions. [§262.14(a)]

Personnel whose only hazardous waste activities involve placing wastes in SAA containers are not subject to the RCRA training requirements of §262.16(b)(9)(iii) or 262.17(a)(7). [November 28, 2016; 81 FR 85797, January 3, 1983; 48 FR 119, December 20, 1984; 49 FR 49570, RO 11373, 14703, 14758] In our opinion, such personnel should always be trained because their errors at the point of waste generation can create numerous RCRA problems. In fact, EPA encourages generators to ensure all employees who work in areas where hazardous waste is accumulated, including SAAs, receive sufficient training to ensure that they are familiar with proper handling and emergency procedures. [81 FR 85797] For example, personnel working in SAAs need to be familiar enough with the chemicals and materials with which they are working to know 1) when they have generated a hazardous waste, and 2) that it must be managed in accordance with the RCRA regulations. Personnel who move hazardous waste from SAAs to 90/180/270-day areas must be RCRA-trained. [RO 14703]

The satellite accumulation container requirements in §262.15 do not require weekly inspection, later confirmed by EPA in RO 14418. “However, the SAA regulations do require that waste containers in an SAA must be under the control of the operator of the process generating the waste, in good condition, compatible with its contents, and closed except when adding or removing waste, which should achieve the goal of inspections: containers that are free of leaks and deterioration.” [RO 14703] States may require weekly inspection as part of their programs.

One of the most significant provisions added to the generator regulations by EPA’s generator improvements rule [November 28, 2016; 81 FR 85732] is the extension of preparedness and prevention, contingency plan, and emergency procedures to SAAs. [§262.15(a)(7–8)] These requirements, formerly applicable only to generators’ 90/180/270-day accumulation areas, now apply to all SAAs at SQG and LQG facilities.

SAA containers are not subject to the emission control requirements of Part 265, Subpart CC. However, as soon as such a container is moved into a 90-day area (i.e., it is a 90-day container), it is subject to Subpart CC. [RO 13777, 14703]

Because the regulations establishing SAAs were amendments to the original RCRA regulations, and because they were less stringent than the pre-existing regulations, authorized states were not required to adopt the SAA provisions. Although we believe nearly all states allow SAAs, we have not done a state-by-state survey to identify states without SAA provisions.

Although the SAA regulations predate most remediation regulations and policies, under many circumstances we see no reason why remediation wastes (such as ground water purge) could not be put into an SAA. The SAA regulations did not envision operators generating one-time wastes (such as soil borings) and essentially abandoning the wastes in an “SAA.” However, we are not aware of any specific guidance on this issue.

In general, treating hazardous waste requires a permit. As a matter of policy, EPA allows hazardous wastes to be treated in 90/180/270-day units without a permit. [51 FR 10168] Section 268.7(a)(5) suggests nonthermal treatment in SAA containers is also allowed, since §262.15 is referenced in that LDR paragraph in addition to §§262.16 and 262.17. Also, EPA notes on one of its websites, “a generator may treat their hazardous waste onsite in a generator accumulation unit (e.g., tank or container) without a hazardous waste permit to render it either nonhazardous or less hazardous, provided they comply with all of the applicable hazardous waste generator requirements in 40 CFR Sections 262.15–17, and provided that the treatment is not thermal treatment.” [https://www.epa.gov/hwgenerators/steps-complying-regulations-hazardous-waste]

Finally, we recommend caution. Because many states have different regulations and policies concerning SAAs, do not rely solely on EPA’s interpretations—check with your state regulators.