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United States Environmental Protection Agency
Washington, D.C. 20460
Office of Solid Waste and Emergency Response

February 10, 1994

Mr. Thomas J. Dolce
140 Broadway
Providence, Rhode lsland 20903

Dear Mr. Dolce:

Thank you for your letter of December 17, 1993, regarding
counting waste in satellite accumulation areas. You specifically
asked if a small quantity generator who collects hazardous wastes
at satellite accumulation areas must count this waste for the
purpose of determining generator status.

The regulations at 40 CFR 261.5(c) state what is, and is not
included when making quantity determinations.

Hazardous waste that is not subject to regulation or that is
subject only to 262.11, 262.12, 262.40(c) and 262.41 is not
included in the quantity determinations of this part and parts 262
through 266, 268, and 270 and is not subject to any of the
requirements of those parts. Hazardous waste that is subject to the
requirements of 261.6(b) and (c) and subparts C,D, and F of part
266 is included in the quantity determination of this part and is
subject to the requirements of parts 262 through 266 and 270.

To determine generator status, generators must count all
hazardous waste generated at their facility in a calendar month.
Wastes not included in the monthly determination are either not
subject to regulation or subject to only the notification and
reporting requirements in 40 CFR section 262.22, 262.12, 262.40(c)
and section 262.41 as cited above.

Wastes stored in satellite accumulation areas are subject to
certain container standards (e.g., sections 265.171, 265.172, and
265.173(a)). The container standards are not among those listed in
section 261.5(c) as "not included in the quantity determination."
Therefore, wastes in the satellite accumulation areas must be
included in the generators's monthly waste quantity determination
as well as other on-site quantity determinations.

For further discussion of this and other generator
requirements please see 51 FR 10151, March 24, 1986. We have
enclosed a copy of this Federal Register notice for your
convenience. If you have questions about this letter, please
contact Ann Codrington of my staff at (202) 260-4777.

Thank you for your interest in the safe management of
hazardous waste.

Michael Shapiro
Director, Office of Solid Waste