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9453.1990(03)

RCRA/SUPERFUND HOTLINE MONTHLY SUMMARY

OCTOBER 1990

1. Clarification of Section 262.34(a) Accumulation Time for Excess of
55-Gallon Limit in Satellite Accumulation Areas

The owner/operator of a manufacturing company maintains a generator
satellite accumulation area pursuant to Section 262.34(c). The operator
has exceeded the 55-gallon accumulation limit and according to Section
262.34(c)(2), has three days to remove this waste from the satellite
area and manage it either in a 90-day storage area as a large quantity
generator in compliance with Section 262.34(a), manage the waste at an
on-site permitted unit, or ship the waste off-site. Does the 90-day
accumulation time for large quantity generators in Section 262.34(a)
begin at the time the 55-gallon limit is exceeded or after the
three-day transition period in Section 262.34(c)?


1. Clarification of Section 262.34(a) Accumulation Time for Excess of
55-Gallon Limit in Satellite Accumulation Areas (Cont'd)

The owner/operator has up to a 93-day accumulation time for the excess
waste generated at the satellite accumulation area (90-day clock in
Section 262.34(a), plus up to three days for waste transfer). The March
24, 1986 Federal Register, which clarifies small quantity generator
provisions, states "...as soon as the 55-gallon limit has been exceeded
in any satellite area, any excess waste is subject to all applicable
RCRA requirements within three days. This means that the 180/270 day
on site accumulation provision for 100-1000 kg/mo. generators applies
to any excess waste three days after the 55-gallon limit has been
exceeded." (51 FR 10162). If the generator chose to remove the waste
from the satellite area before the three-day transfer provision
expired, he would subject the waste to the 90-day clock provisions.
For example, if the above operator chose to move his excess waste from
the satellite area after just one day, the 90-day accumulation time in
Section 262.34 would begin as the waste entered the 90-day accumulation
area, not after three days. The generator has chosen not to utilize
the other two days that were available for transfer.

Source: Emily Roth, OSW (202) 382-4627
Research: Mic LeBel, GRC