January 13, 2012

EPA Publishes Questions and Answers Resulting From Closed-Container Guidance

Containers, including satellite accumulation containers, must be closed during storage except when it is necessary to add or remove waste. [§§264/265.173(a)] While no definition of “closed” is provided in the regulations, EPA explained that the purpose of this requirement is “to minimize emissions of volatile wastes, to help protect ignitable or reactive wastes from sources of ignition or reaction, to help prevent spills, and to reduce the potential for mixing of incompatible wastes and direct contact of facility personnel with waste.” [May 19, 1980; 45 FR 33199]

In an effort to provide clarity and facilitate compliance with this closed-container requirement, EPA published Guidance on 40 CFR 264/265.173(a): Closed Containers on December 3, 2009. [RO 14810] After publishing this guidance, the agency received three questions that it addressed in a November 2011 Q&A document [RO 14826]:

Some processes (e.g., a baghouse or filter press) generate waste nearly continuously. Where a container is being used to collect hazardous waste which is continually exiting from the process, it might be “necessary” to leave the container open to collect waste until the process is stopped. In the more common circumstance, however, where the deposition of hazardous waste into containers is a batch process, a container of hazardous waste must be kept closed during times when the process is not depositing hazardous waste into the container.
Whether indoors or outdoors, containers must remain closed. The method of closure may need to be more protective when such containers are stored outdoors.
Lastly, the agency recognizes the validity of strapping containers together in an effort to prevent overturning. However, this practice should not be used if it will cause noncompliance with another RCRA provision (e.g., weekly container inspections).

Note that RO 14810 is no longer available on RCRA Online but has been replaced with RO 14826.

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This document addresses issues of a general nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with the environmental regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.