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
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          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

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