National Environmental PerformanceTrack U.S. Environmental Protection Agency National Environmental Performance Track RCRA Benefit Fact Sheet Extended Storage Time for Large Quantity Generators What is Performance Track? The U.S. EPA's National Environmental Performance Track program is a public-private partnership that recognizes and drives environmental excellence. The program encourages public and private facilities with strong environmental records to continuously improve their environmental performance beyond regulatory requirements while working collaboratively within their communities. A core value of Performance Track is that facilities that demonstrate environmental leadership should be treated differently from other facilities in order to encourage greater environmental innovation and set a positive example for others to follow. To foster continuous improvement, Performance Track offers its members public recognition and opportunities for regulatory and administrative benefits that reduce reporting requirements and other administrative costs, while maintaining or enhancing existing levels of environmental protection. Performance Track RCRA Benefit - Extended Storage Time for Large Quantity Generators Published on April 22, 2004 (69 FR 21737),this rule provides a benefit under EPA's Resource Conservation and Recovery Act (RCRA) that extends on-site storage times for large quantity generators of hazardous wastes up to 180 days (and 270 days if the waste is transported 200 miles or more) for the purpose of accumulating hazardous waste without a RCRA permit or interim status. As a result, facilities will be able to reduce the frequency of waste shipments and the risks associated with shipping waste through local communities. This fact sheet provides a summary of this Performance Track member benefit; for complete information, the reader is encouraged to read the rulemaking, which may be found at http://www.epa.gov/fedrgstr/EPA- WASTE/2004/April/Dav-22/f9042.htm . In order to take advantage of this benefit, Performance Track facilities must adhere to the following requirements: D The waste must be managed in containers, tanks, drip pads, or containment buildings, in accordance with the applicable RCRA requirements, and the quantity of hazardous waste must not exceed 30,000 kilograms. D The generator must maintain records at the facility for each unit used for extended accumulation times and document compliance with all procedures. D Each container or tank must be clearly marked and visible for inspection with the words "Hazardous Waste," and the date upon which each period of accumulation begins. D The generator must comply with the requirements for owners and operators in 40 CFR Part 265, with §265.16, and with §268.7(a)(5), and is exempt from all the requirements in subparts G and H of part 265, except for §§265.111 and 265.114. D The generator must also implement pollution prevention practices prior to its hazardous waste recycling, treatment, or disposal. D The facility must also complete EPA Form 8710-17 as part of its Performance Track Annual Performance Report, which must be submitted to the EPA Regional Administrator and the Director of the authorized State. The information must include the total quantity of each hazardous waste generated, how it has been managed, the number of off-site shipments, the types and locations of destination facilities, how the wastes were managed at the destination facilities (e.g., recycling, treatment, storage, or disposal), any changes in on-site or off-site waste management National Environmental Performance Track RCRA Benefit Fact Sheet Extended Storage Time for Large Quantity Generators Updated February 3, 2009 1 ------- practices as a result of extended accumulation times or other pollution prevention provisions, and any hazardous waste spills or accidents. What is the Effective Date? As with all RCRA regulations, state must first adopt and become authorized before facilities may use the extended storage benefit. The effective date for this rule was April 22, 2004; however, the effective date for each state will be different, depending upon when the state adopts and becomes authorized for the rule. Interested facilities should contact their states for more information. Correction to this Rulemaking On October 25, 2004, EPA published a correction to the extended accumulation rule published on April 22, 2004. The correction notice clarifies that a facility must notify both the EPA Regional Administrator and its state permitting authority should the facility wish to take advantage of the extended accumulation time. The correction notice also makes three minor corrections to the regulatory language as well as makes several typographical corrections. The text of this correction notice may be found at http://www.epa.gov/EPA- WASTE/2004/October/Dav-25/f23842.htm . How Do Members Take Advantage Of This Benefit? D Member facilities must submit prior written notice to the EPA Regional Administrator and the Director of their state permitting authority of their intent to extend hazardous waste accumulation time. Notices must identify the generator and facility, state when extended accumulation will begin, describe the wastes to be accumulated, list the units that will be used for that purpose, and state that the facility has made all the changes to it operations, procedures and equipment necessary to accommodate the extended time periods for accumulating hazardous wastes. The facility must use EPA Form 8710-18 to notify its intent to extend accumulation. The form is available here. For generators who intend to accumulate for up to 270 days because required transport is more than 200 miles, the notice (Form 8710-18) must contain a certification that an off-site permitted or interim status treatment, storage, or disposal (TSD) facility capable of accepting the waste is not located within 200 miles. D EPA recommends that once the extended accumulation time has been approved by the authorized state, the member facility post a sign at the large quantity generator storage area indicating they are a Performance Track facility and have been approved to store hazardous waste up to 180 days (or 270 days if applicable). Further, the facility should keep in their operating record any documentation associated with the extended accumulation time so that it is readily available to an inspector. D 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. For More Information Contact: Mr. Christopher Menen 202-566-2836 menen.chris@epa.gov http://www.epa.gov/performancetrack National Environmental Performance Track RCRA Benefit Fact Sheet Extended Storage Time for Large Quantity Generators Updated February 3, 2009 ------- |