v>EPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9453.01(82)
TITLE: 9Q_nay Accumulation of Hazardous Waste in Tanks
APPROVAL DATE: 8-31-82
EFFECTIVE DATE: 8-31-82
ORIGINATING OFFICE:
0 FINAL
of Solid Waste
D DRAFT
STATUS:
[
]
]
I 1
[ 1
[
A- Pending OMB approval
B- Pending AA-OSWER approval
C- For review &/or comment
D- .In development or circulating
headquarters
REFERENCE (other documents):
OSWER OSWER OSWER
fE DIRECTIVE DIRECTIVE
-------
PART 262 SUBPART C - PRE-TRANSPORT REQUIREMENTS
9453.01(82)
Key Words: Accumulation Rule, Storage
Regulations: 40 CFR 262.34, Part 265 Subparts I and J
Subject: 90-Day Accumulation of Hazardous Waste in Tanks
Addressee: Thomas W. Devine, Director, Air and Waste Management
Division, Region IV
Originator: John H. Skinner, Acting Director, Office of Solid Waste
Source Doc: #9453.01(82)
Date:
Summary:
8-31-82
This memorandum presents a distinction between 90-day accumulation of
hazardous wastes in tanks, and 'storage of hazardous wastes which requires a
RCRA permit or interim status. EPA determined that generators should not be
burdened with the RCRA permitting process for short-term accumulation that is
incidental to their operations. If generators adhere to the standards in Part
265, Subparts I and J (for containers and tanks), they can safely accumulate
hazardous waste for 90 days or less without having to obtain a permit.
-------
AUG 3119&1
i>i>txjLCT: yo-uay Accumulation ot Hazardous Waste in Tanks
FROM* John H. bkinner
Actiny Director
. Otficw OJC Sol id,. Watt ta, (WH-562) ,
" *»»'»
TOi Thomas W. Devine ~ "
Director
Air and waste Management Division, Keg ion IV
This is in response to your memorandum ot June 29, 1982
regarding the 90-da/ accumulation ot hazardous waste in tanks.
in your aeoo, you requested headquarters' rationale for allow-
ing generators to accumulate hazardous waste in tanks under 40
CfK 262.34. You pointed out that accumulation,,da-tanks is
virtually the sane activity as storage in tanks, and \h*c»Łore
it seems inconsistent to apply, different standards to the'two
activities.
section 262.J4 allows generators who accumulate hazardous,
waste as a normal part of their manufacturing or industrial
processes to do so tor short periods of ti^e without obtaining
a kCKA permit for storage or qualifying cor interio status.
This distinction between accumulation ana storage was tnada
tor practical and administrative reasons. EPA determined
tnat generators should not be uurUeneu with the KCKA ^eriuittiaj
^cocoas tor snort-term accumulation that is incidental to their
operations. We allow generators to accumulate hazardous
v/aste in both containers and tanks because we bolievo that it
generators adhere to the standards in Part 2bb Subparts I
and J that they can aately accumulate hazardous waste for *U
uays or loss without Having to obtain a pernit. The require-
nunts of &462.J4 wore uesiyneU to oe consistent with both goals
of relieving generators of KCtfA petriittiny ^rocodurus applic-
aole to storage facilities wtme ensuring protection of human
health and the environment Uuring accumulation.
Regarding your corr.iuent that "an uinpty tank has not been
defined*, the preamble to the January il,. 1^82 final rule on
yu-day accumulation (47 tj< 12SO) gives the following guidances
"A tank will be considered 'empty1 whon it's contents have
been drained to the fullest extent possible, bince many, tank
-------
do not allow tor conkroniae in a real *orld ot oay-to-day . opera-
t ion So
Finally , you stateu in your memo fenat th* ^coarioie to
-5,^u
------- |