[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR262.34]

[Page 212-217]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 262_STANDARDS APPLICABLE TO GENERATORS OF HAZARDOUS WASTE--Table of 
 
                  Subpart C_Pre-Transport Requirements
 
Sec. 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 the applicable 
requirements of subparts I, AA, BB, and CC of 40 CFR part 265; and/or
    (ii) In tanks and the generator complies with the applicable 
requirements of subparts J, AA, BB, and CC of 40 CFR part 265 except 
Sec. Sec. 265.197(c) and 265.200; and/or

[[Page 213]]

    (iii) On drip pads and the generator complies with subpart W of 40 
CFR 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; and/or
    (iv) In containment buildings and the generator complies with 
subpart DD of 40 CFR part 265, has placed its professional engineer 
certification that the building complies with the design standards 
specified in 40 CFR 265.1101 in the facility's operating record no later 
than 60 days after the date of initial operation of the unit. After 
February 18, 1993, PE certification will be required prior to operation 
of the unit. The owner or operator shall maintain the following records 
at the facility:
    (A) A written description of procedures to ensure that each waste 
volume remains in the unit for no more than 90 days, a written 
description of the waste generation and management practices for the 
facility showing that they are consistent with respecting the 90 day 
limit, and documentation that the procedures are complied with; or
    (B) Documentation that the unit is emptied at least once every 90 
days.

In addition, such a generator is exempt from all the requirements in 
subparts G and H of 40 CFR part 265, except for Sec. Sec. 265.111 and 
265.114.
    (2) The date upon which each period of accumulation begins is 
clearly marked and visible for inspection on each container;
    (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 Sec. 265.16, and 
with 40 CFR 268.7(a)(5).
    (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 Sec. 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 Sec. Sec. 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 Sec. 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 of this chapter, except for Sec. Sec. 265.176 and 265.178;

[[Page 214]]

    (3) The generator complies with the requirements of Sec. 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 268.7(a)(5); 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.
    (g) A generator who generates 1,000 kilograms or greater of 
hazardous waste per calendar month who also generates wastewater 
treatment sludges from electroplating operations that meet the listing 
description for the RCRA hazardous waste code F006, may accumulate F006 
waste on-site for more than 90 days, but not more than 180 days without 
a permit or without having interim status provided that:

[[Page 215]]

    (1) The generator has implemented pollution prevention practices 
that reduce the amount of any hazardous substances, pollutants or 
contaminants entering F006 or otherwise released to the environment 
prior to its recycling;
    (2) The F006 waste is legitimately recycled through metals recovery;
    (3) No more than 20,000 kilograms of F006 waste is accumulated on-
site at any one time; and
    (4) The F006 waste is managed in accordance with the following:
    (i) The F006 waste is placed:
    (A) In containers and the generator complies with the applicable 
requirements of subparts I, AA, BB, and CC of 40 CFR part 265; and/or
    (B) In tanks and the generator complies with the applicable 
requirements of subparts J, AA, BB, and CC of 40 CFR part 265, except 
Sec. Sec. 265.197(c) and 265.200; and/or
    (C) In containment buildings and the generator complies with subpart 
DD of 40 CFR part 265, and has placed its professional engineer 
certification that the building complies with the design standards 
specified in 40 CFR 265.1101 in the facility's operating record prior to 
operation of the unit. The owner or operator must maintain the following 
records at the facility:
    (1) A written description of procedures to ensure that the F006 
waste remains in the unit for no more than 180 days, a written 
description of the waste generation and management practices for the 
facility showing that they are consistent with the 180-day limit, and 
documentation that the generator is complying with the procedures; or
    (2) Documentation that the unit is emptied at least once every 180 
days.
    (ii) In addition, such a generator is exempt from all the 
requirements in subparts G and H of 40 CFR part 265, except for 
Sec. Sec. 265.111 and 265.114.
    (iii) The date upon which each period of accumulation begins is 
clearly marked and visible for inspection on each container;
    (iv) While being accumulated on-site, each container and tank is 
labeled or marked clearly with the words, ``Hazardous Waste;'' and
    (v) The generator complies with the requirements for owners or 
operators in subparts C and D in 40 CFR part 265, with 40 CFR 265.16, 
and with 40 CFR 268.7(a)(5).
    (h) A generator who generates 1,000 kilograms or greater of 
hazardous waste per calendar month who also generates wastewater 
treatment sludges from electroplating operations that meet the listing 
description for the RCRA hazardous waste code F006, and who must 
transport this waste, or offer this waste for transportation, over a 
distance of 200 miles or more for off-site metals recovery, may 
accumulate F006 waste on-site for more than 90 days, but not more than 
270 days without a permit or without having interim status if the 
generator complies with the requirements of paragraphs (g)(1) through 
(g)(4) of this section.
    (i) A generator accumulating F006 in accordance with paragraphs (g) 
and (h) of this section who accumulates F006 waste on-site for more than 
180 days (or for more than 270 days if the generator must transport this 
waste, or offer this waste for transportation, over a distance of 200 
miles or more), or who accumulates more than 20,000 kilograms of F006 
waste on-site 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 the generator has been granted an extension to 
the 180-day (or 270-day if applicable) period or an exception to the 
20,000 kilogram accumulation limit. Such extensions and exceptions may 
be granted by EPA if F006 waste must remain on-site for longer than 180 
days (or 270 days if applicable) or if more than 20,000 kilograms of 
F006 waste must remain on-site due to unforeseen, temporary, and 
uncontrollable circumstances. An extension of up to 30 days or an 
exception to the accumulation limit may be granted at the discretion of 
the Regional Administrator on a case-by-case basis.
    (j) A member of the Performance Track Program who generates 1000 kg 
or greater of hazardous waste per month (or one kilogram or more of 
acute hazardous waste) may accumulate hazardous waste on-site without a 
permit or interim status for an extended period of time, provided that:
    (1) The generator accumulates the hazardous waste for no more than 
180

[[Page 216]]

days, or for no more than 270 days if the generator must transport the 
waste (or offer the waste for transport) more than 200 miles from the 
generating facility; and
    (2) The generator first notifies the Regional Administrator and the 
Director of the authorized State in writing of its intent to begin 
accumulation of hazardous waste for extended time periods under the 
provisions of this section. Such advance notice must include:
    (i) Name and EPA ID number of the facility, and specification of 
when the facility will begin accumulation of hazardous wastes for 
extended periods of time in accordance with this section; and
    (ii) A description of the types of hazardous wastes that will be 
accumulated for extended periods of time, and the units that will be 
used for such extended accumulation; and
    (iii) A Statement that the facility has made all changes to its 
operations, procedures, including emergency preparedness procedures, and 
equipment, including equipment needed for emergency preparedness, that 
will be necessary to accommodate extended time periods for accumulating 
hazardous wastes; and
    (iv) If the generator intends to accumulate hazardous wastes on-site 
for up to 270 days, a certification that a facility that is permitted 
(or operating under interim status) under part 270 of this chapter to 
receive these wastes is not available within 200 miles of the generating 
facility; and
    (3) The waste is managed in:
    (i) Containers, in accordance with the applicable requirements of 
subparts I, AA, BB, and CC of 40 CFR part 265 and 40 CFR 264.175; or
    (ii) Tanks, in accordance with the applicable requirements of 
subparts J, AA, BB, and CC of 40 CFR part 265, except for Sec. Sec. 
265.197(c) and 265.200; or
    (iii) Drip pads, in accordance with subpart W of 40 CFR part 265; or
    (iv) Containment buildings, in accordance with subpart DD of 40 CFR 
part 265; and
    (4) The quantity of hazardous waste that is accumulated for extended 
time periods at the facility does not exceed 30,000 kg; and
    (5) The generator maintains the following records at the facility 
for each unit used for extended accumulation times:
    (i) A written description of procedures to ensure that each waste 
volume remains in the unit for no more than 180 days (or 270 days, as 
applicable), a description of the waste generation and management 
practices at the facility showing that they are consistent with the 
extended accumulation time limit, and documentation that the procedures 
are complied with; or
    (ii) Documentation that the unit is emptied at least once every 180 
days (or 270 days, if applicable); and
    (6) Each container or tank that is used for extended accumulation 
time periods is labeled or marked clearly with the words ``Hazardous 
Waste,'' and for each container the date upon which each period of 
accumulation begins is clearly marked and visible for inspection; and
    (7) The generator complies with the requirements for owners and 
operators in 40 CFR part 265, with Sec. 265.16, and with Sec. 
268.7(a)(5). In addition, such a generator is exempt from all the 
requirements in subparts G and H of part 265, except for Sec. Sec. 
265.111 and 265.114; and
    (8) The generator has implemented pollution prevention practices 
that reduce the amount of any hazardous substances, pollutants, or 
contaminants released to the environment prior to its recycling, 
treatment, or disposal; and
    (9) The generator includes the following with its Performance Track 
Annual Performance Report, which must be submitted to the Regional 
Administrator and the Director of the authorized State:
    (i) Information on the total quantity of each hazardous waste 
generated at the facility that has been managed in the previous year 
according to extended accumulation time periods; and
    (ii) Information for the previous year on the number of off-site 
shipments of hazardous wastes generated at the facility, the types and 
locations of destination facilities, how the wastes were managed at the 
destination facilities (e.g., recycling, treatment, storage, or 
disposal), and what changes in on-site or off-site waste management 
practices

[[Page 217]]

have occurred as a result of extended accumulation times or other 
pollution prevention provisions of this section; and
    (iii) Information for the previous year on any hazardous waste 
spills or accidents occurring at extended accumulation units at the 
facility, or during off-site transport of accumulated wastes; and
    (iv) If the generator intends to accumulate hazardous wastes on-site 
for up to 270 days, a certification that a facility that is permitted 
(or operating under interim status) under part 270 of this chapter to 
receive these wastes is not available within 200 miles of the generating 
facility; and
    (k) If hazardous wastes must remain on-site at a Performance Track 
member facility for longer than 180 days (or 270 days, if applicable) 
due to unforseen, temporary, and uncontrollable circumstances, an 
extension to the extended accumulation time period of up to 30 days may 
be granted at the discretion of the Regional Administrator on a case-by-
case basis.
    (1) If a generator who is a member of the Performance Track Program 
withdraws from the Performance Track Program, or if the Regional 
Administrator terminates a generator's membership, the generator must 
return to compliance with all otherwise applicable hazardous waste 
regulations as soon as possible, but no later than six months after the 
date of withdrawal or termination.
    (m) A generator who sends a shipment of hazardous waste to a 
designated facility with the understanding that the designated facility 
can accept and manage the waste and later receives that shipment back as 
a rejected load or residue in accordance with the manifest discrepancy 
provisions of Sec. 264.72 or Sec. 265.72 of this chapter may 
accumulate the returned waste on-site in accordance with paragraphs (a) 
and (b) or (d), (e) and (f) of this section, depending on the amount of 
hazardous waste on-site in that calendar month. Upon receipt of the 
returned shipment, the generator must:
    (1) Sign Item 18c of the manifest, if the transporter returned the 
shipment using the original manifest; or
    (2) Sign Item 20 of the manifest, if the transporter returned the 
shipment using a new manifest.

[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; 57 FR 37264, Aug. 18, 
1992; 59 FR 62926, Dec. 6, 1994; 61 FR 4911, Feb. 9, 1996; 61 FR 59950, 
Nov. 25, 1996; 64 FR 3388, Jan. 21, 1999; 64 FR 25414, May 11, 1999; 64 
FR 56471, Oct. 20, 1999; 65 FR 12397, Mar. 8, 2000; 69 FR 21753, Apr. 
22, 2004; 69 FR 62224, Oct. 25, 2004; 70 FR 10817, Mar. 4, 2005; 71 FR 
40271, July 14, 2006]