R 299.9305 Satellite accumulation area requirements for small and large quantity generators.

Rule 305. (1) A generator may accumulate as much as 55 gallons of non-acute hazardous waste or either 1 quart of liquid acute hazardous waste or severely toxic hazardous waste or 1 kilogram of solid acute hazardous waste or severely toxic waste in containers at or near any point of generation where wastes initially accumulate and that is under the control of the operator of the process that generates the waste, without an operating license issued under part 111 and without complying with parts 5 to 8 of these rules, if all the conditions for exemption in this rule are met. A generator may comply with the conditions for exemption in this rule instead of complying with the conditions for exemption in R 299.9306(1)(b) to (r) or R 299.9307(1), except as required in this subrule and subrule (2) of this rule. The conditions for exemption for satellite accumulation include all the following requirements: (a) If a container holding hazardous waste is not in good condition, or if it begins to leak, the generator shall immediately transfer the hazardous waste from this container to a container that is in good condition and does not leak, or immediately transfer and manage the waste in a central accumulation area operated in compliance with R 299.9306(1)(b) to (r) or R 299.9307(1). (b) The generator shall use a container made of or lined with materials that will not react with, and are otherwise compatible with, the hazardous waste to be accumulated, so that the ability of the container to contain the waste is not impaired. (c) All the following special standards for incompatible wastes: (i) Incompatible wastes, or incompatible wastes and materials, must not be placed in the same container unless the requirements of 40 CFR 265.17(b) are met. (ii) Hazardous waste must not be placed in an unwashed container that previously held an incompatible waste or material unless the requirements of 40 CFR 265.17(b) are met. (iii) A container holding a hazardous waste that is incompatible with any waste or other materials accumulated nearby in other containers must be separated from the other materials or protected from them by any practical means. (d) A container holding hazardous waste must be closed at all times during accumulation, except to add, remove, or consolidate waste or when temporary venting of a container is necessary for the proper operating of equipment or to prevent dangerous situations, such as build-up of extreme pressure. (e) A generator shall mark or label its container with both the following: (i) The words "Hazardous Waste." (ii) An indication of the hazards of the contents. The indication of the hazards of the contents may include the applicable hazardous waste characteristic or characteristics, the hazard communication consistent with 49 CFR part 172, subpart E or F, a hazard statement or pictogram consistent with 29 CFR 1910.1200, or a chemical hazard label consistent with the NFPA standard no. 704. (2) A generator that accumulates either non-acute hazardous waste, acute hazardous waste, or severely toxic hazardous waste in excess of the amounts listed in subrule (1) of this rule at or near any point of generation shall do 1 or more of the following with respect to that amount of excess waste: (a) Comply with the applicable central accumulation area requirements in R 299.9306(1)(b) to (r) or R 299.9307(1) within 3-consecutive-calendar-days. (b) Remove the excess waste from the satellite accumulation area within 3 consecutive calendar days to 1 or more of the following: (i) A central accumulation area operated in accordance with the applicable requirements of R 299.9306(1)(b) to (r) or R 299.9307(1). (ii) An on-site interim status or licensed treatment, storage, or disposal facility. (iii) An off-site designated facility. (c) During the 3-consecutive-calendar-day period, continue to comply with subrules (1)(a) to (c) of this rule. The generator shall mark or label each container holding the excess accumulation of hazardous waste with the date the excess amount began accumulating. (3) All satellite accumulation areas operated by a small quantity generator must meet the provisions of R 299.9306(1)(f) to (r). (4) All satellite accumulation areas operated by a large quantity generator must meet the provisions of 40 CFR part 262, subpart M. (5) 40 CFR part 262, subpart M is adopted by reference in R 299.11003.