oEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER.- 9453.03(85)
*•
TITLE: Intent of 40 CFR 262.34 on 90-Day Accumulation
Time
APPROVAL DATE: 6-io-ss
EFFECTIVE DATE: 6-io-as
ORIGINATING OFFICE: office of solid waste
C FINAL
Q DRAFT
STATUS:
I I
A- Pending OMB approval
[ ] B- Pending AA-OSWER approval
I ] C- For review 4/or consent
[ ] D- In development or circulating
REFERENCE (other documents):
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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PART 262 SUBPART C - PRE-TRANSPORT REQUIREMENTS
DOC: 9453.03(85)
Key Words: Accumulation Rule, Treatment
Regulations: 40 CFR 262.34
Subject: Intent of 40 CFR 262.34 on 90-Day Accumulation Time
Addressee: Eileen Claussen, Director, Characterization and Assessment
Division
Originator: Bruce Weddle, Director, Permits and State Program Division
Source Doc: #9453.03(85)
Date:
Summary:
6-10-85
The intent of the regulation allowing a 90-day accumulation time was to
create a buffer between the manufacturing process and the hazardous waste
management permitting process, regardless of whether the waste was treated,
stored, or disposed of on-site or off-site.
Under §262.34 generators are not permitted to treat wastes stored in
accordance with the 90-day acculuraulation provision. If they treat the waste
during this period, generators must obtain a permit to treat waste in tanks
for up to 90 days without a permit.
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9453.03 (85)
IBGB1.22
JDW I 0 885
MEMORANDUM
SUBJECTi Intent, of 40 CFR 262.34 Regulation on Ninety-Day
Accumulation Time for Hazardous Waste
FROMi Bruce Weddle, Director^/
Permits and State Programs Division
Tot Eileen Clauaaen, Director
Characteriiation and Assessment Division
Tha purpose of this memorandum is to explain tha intent
of the regulation allowing generators; of hazardous waste to
accumulate waste for up to ninety days without a permit.
During our Senior Staff aeeting last week you stated that Mark
Greenwood indicated that our regulations nay allow generators
to treat hazardous waste on-site in tanXa for up to ninety
days without the need for a permit. I expressed my view
that Mark1* reading was contrary to the intent of the regu-
lations* I further agreed to review the background documents
to the provisions of $262.34. Attached is a portion of
Background Document, Standards Applicable to Generators of
Hazardous Waste, Part 262 (February 19, 1980).
J The regulation allowing a ninety-day accumulation tice
o was intended to deal with the Congressional directive not to
interfere with the production process. The regulation intends
•J0 that the accumulation of hazardous waste pending its removal
•* for treatment, storage* or disposal should not constitute
storage and should not require a permit. In the absence of
g an allowable accumulation tine, every generator would Be a
£ storage facility and would require a permit. This would have
oo placed an unacceptable administrative burden on EPA and
^ would not have net the Congressional intent.
-**
- In deciding on the ninety-day limitation, EPA considered
£ several optloos, including a variable tine baaed on the degree
^ of hazard of the waste being stored, and a quantity approach.
i However, ia all these deliberations, EPA intended that the
3 waste would eventually be transported off-site for treatment,
Q storage* or disposal.
~t
\ Page B-1.13 of the Background Docuaent (attached) states
* that the accumulation time applies only toTwaatec that are
•* to be shipped off-site. EPA originally intended that generators
§ managing waste on—site should have a permit. However, the
en
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regulatioey WJM subsequently amended to allow generators
treat, store, or dispose of hasardous waste on-site to also
utilise the ninety-day accumilatlon provisions* The intant«
how«v«r» r«tain«d th« saaMi to create a buffer between the
Manufacturing process and the hazardous waste nanagettent
permitting process, regardless of whether the waste was
treated, stored, or disposed of on-site or off-site*
Based on this review, I conclude that Section 262*34
does not allow generators to treat waste in tanks for up to
ninety days without a permit. Please contact Carolyn Barley
at 382-2217 if you have any additional questions*
cci John Skinner
Mark Gre«nwood
Rolf Bill
bcci Implementation Branch
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