Fact Sheet, 0102 - Accumulating Hazardous Wastes at Generator Sites by ydu15465

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                                   Accumulating Hazardous




                                                                                                                                               CONTROL
  Fact Sheet
 January 2002                      Wastes at Generator Sites




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                                                                                                                                      PARTME



                                               CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY, (CAL/EPA)
                                                      DEPARTMENT OF TOXIC SUBSTANCES CONTROL (DTSC)
   DTSC is one of
   six Boards and                  TABLE OF CONTENTS
Departments within
    the California                     I.   Table: Accumulation Time Limit Summary .............................                         page 2
   Environmental                      II.   Disclaimer ...............................................................................   page 3
  Protection Agency.                 III.   Background .............................................................................     page 3
  DTSC’s mission is
                                     IV.    Accumulation Requirements ....................................................               page 3
  to restore, protect
                                            A. Accumulation Time Limits ...............................................                  page 3
   and enhance the
   environment, to                              (1) 90-day Accumulation Time Limit .............................                         page 3
ensure public health,                           (2) 180-day/270-day Accumulation Time Limit ..............                               page 3
    environmental                               (3) Continuously Used Tanks and Containers ..................                            page 4
      quality and                           B. Qualifying Criteria for Accumulation ................................                     page 4
  economic vitality,                  V.    Satellite Accumulation .............................................................         page 4
     by regulating                          A. Satellite Accumulation Operational Requirements .............                             page 4
  hazardous waste,
                                            B. Qualifying Criteria for Satellite Accumulation Exemption .                                page 5
   conducting and
                                    VI.     Laboratory Accumulation ........................................................             page 6
 overseeing cleanups,
 and developing and                 VII.    Generator Accumulation Extensions ........................................                   page 7
 promoting pollution                        A. Extensions for RCRA Wastes .............................................                  page 7
      prevention.                           B. Eligibility For Extensions for Non-RCRA Wastes ..............                             page 7
                                            C. One Time 90 day Extensions for Non-RCRA Wastes ........                                   page 7
  State of California                       D. Case by Case Extensions for Non-RCRA Wastes ...............                               page 8
                                            E. Extensions for Disasters for Non-RCRA Wastes ................                             page 8
                                   VIII.    Transfer Facility Exemption .....................................................            page 9
                                    IX.     Process Equipment in which Hazardous Waste is Generated .....                                page 9
                                     X.     Treatment Residuals .................................................................        page 9
      California
    Environmental                   XI.     Hazardous Waste Generated at Remote Locations ....................                           page 10
  Protection Agency                XII.     Remediation Waste Staging Area ..............................................                page 10
                                   XIII.    Definitions ..............................................................................   page 11
                                            Contacts .................................................................................   page 12



The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy
consumption. For a list of simple ways you can reduce demand and cut your energy costs, see our web site at www.dtsc.ca.gov.
                              I. ACCUMULATION TIME LIMIT SUMMARY

If the Generator:                         Accumulation Starts:              Accumulation Time Limit is:

Produces more than 1,000 kilograms        The first day the generator be-   90 days (Title 22, CCR, section 66262.34(a)).
(2,200 pounds) per month for all haz-     gins accumulating any hazard-
ardous waste generated onsite.            ous waste (Title 22, CCR, sec-
                                          tion 66262.34(b)(2)).

Produces more than 100 kilograms          The first day the generator be-   180 days or 270 days if the distance to the
(220 pounds) and less than 1,000 ki-      gins accumulating any hazard-     treatment or disposal facility is more than
lograms (2,200 pounds) per month          ous waste (Title 22, CCR, sec-    200 miles. Any quantity of acutely or ex-
for all hazardous waste generated         tion 66262.34(b)(2)).             tremely hazardous waste must be removed
onsite; or, less than 1 kilogram of                                         in 90 days ( Title 22, CCR, section
acutely or extremely hazardous                                              66262.34(d)).
waste. The total amount of hazard-
ous waste accumulated at any one
time can never exceed 6,000 kilo-
grams (13,200 pounds).

Produces less than 100 kilograms          The day 100 kilograms (220        180 days or 270 days if the distance to the
(220 pounds) per month for all haz-       pounds) of hazardous waste or     treatment or disposal facility is more than
ardous waste generated onsite; or less    1 kilogram of acutely or ex-      200 miles. Any quantity of acutely or ex-
than 1 kilogram of acutely or ex-         tremely hazardous waste is ac-    tremely hazardous waste must be removed
tremely hazardous waste per month.        cumulated (Health and Safety      in 90 days ( Title 22, CCR, section
                                          Code section 25123.3 (c)).        66262.34(d)). There is no accumulation time
                                                                            limit for generators of not more than 100
                                                                            kg/month that are not using the satellite ac-
                                                                            cumulation area and who have not yet accu-
                                                                            mulated 100 kg (220 pounds) of hazardous
                                                                            waste (or one quart of extremely or acutely
                                                                            hazardous waste). (HSC section 25123.3 (c)).

Accumulates hazardous waste at the        The first day the generator be-   Three days after 55 gallons of hazardous
initial point of accumulation in a sat-   gins accumulating any hazard-     waste (or one-quart of acutely or one quart
ellite accumulation area.                 ous waste.                        of extremely hazardous waste) is accumu-
                                                                            lated. Then the generator must move the
                                                                            hazardous waste container to a "90-day" ac-
                                                                            cumulation area. The maximum time haz-
                                                                            ardous waste can be accumulated onsite
                                                                            including at the satellite accumulation area
                                                                            is one year (T22, CCR, section 66262.34(e)).

Accumulates hazardous waste at a          The first day the generator be-   Three days after 55 gallons of hazardous
laboratory accumulation area. (Health     gins accumulating any hazard-     waste (or one-quart of acutely or one quart
and Safety Code section 25200.3.1.)       ous waste.                        of extremely hazardous waste) is accumu-
                                                                            lated. Then the generator must move the
                                                                            hazardous waste container to a "90-day" ac-
                                                                            cumulation area. The maximum time haz-
                                                                            ardous waste can be accumulated onsite
                                                                            including at the satellite accumulation area
                                                                            is one year (HSC, section 25123.3 (d)).



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II. DISCLAIMER                                             to determining whether or not a generator is in
                                                           compliance with the 90-day accumulation time
    This fact sheet does not replace or supersede          limit:
relevant statutes and regulations. The information                  (a) If the generator generates no more than
contained in this fact sheet is based upon the stat-       100 kg (220 pounds) of hazardous waste (or one
utes and regulations in effect as of the date of the       kilogram of extremely or acutely hazardous waste)
fact sheet. Interested parties should keep apprised        during a calendar month, the 90-day period does
of subsequent changes to relevant statutes and regu-       not begin until the generator has accumulated 100
lations.                                                   kg (220 pounds) or one kg of extremely or acutely
                                                           hazardous waste. (Health & Saf. Code, section
III. BACKGROUND                                            25123.3 (c).) (Title 22, Cal. Code Regs., section
                                                           66262.34(b).) There is no accumulation time limit
    This fact sheet provides information on the            for generators of not more than 100 kg (220
requirements for the accumulation of hazardous             pounds)/month that are not using the satellite ac-
waste pursuant to California Heath and Safety              cumulation area and who have not yet accumu-
Code, Section 25123.3 and Title 22, California             lated 100 kg (220 pounds) of hazardous waste (or
Code of Regulations, sections 66262.34 and                 one quart of extremely or acutely hazardous waste).
66262.35. Those hazardous waste holding activi-            (Health & Saf. Code, section 25123.3 (c).)
ties that do not require a permit or grant of au-                   (b) If the generator generates more than
thorization are referred to as "accumulation activi-       100 kg (220 pounds) of hazardous waste (or more
ties" and are limited to the holding of waste onsite       than one kg of extremely or acutely hazardous
by the generator of the waste. There are two levels        waste) during any calendar month, the 90-day pe-
of regulation governing hazardous waste accumu-            riod begins when any amount of hazardous waste
lation activities. One level allows different accu-        first begins to accumulate in that month. (Health
mulation times based on the generator's rate of            & Saf. Code, section 25123.3 (c).) For purposes
hazardous waste generation per month. Though               of determining the size of the generator (i.e., less
commonly known as "90-day accumulation," the               than 100 kg (220 pounds) per month), all genera-
accumulation times can range from 90 to 270 days.          tor activities (including satellite accumulation) lo-
The other level, commonly known as "satellite ac-          cated on contiguous property (meeting the defini-
cumulation," allows accumulation at a generation           tion of onsite) and not covered under a grant of
point for up to one year subject to certain limita-        authorization must be considered.
tions. See Table 1 on page 2 for a summary of the               (2) 180-day/270-day Accumulation Time
accumulation requirements.                                 Limit
                                                                Generators that generate less than 1,000 kg
IV. ACCUMULATION REQUIREMENTS                              (2,200 pounds) of hazardous waste per month may
                                                           accumulate onsite up to 180 days (or up to 270
A. Accumulation Time Limits                                days if the waste is shipped 200 miles or more)
    (1) 90-day Accumulation Time Limit                     without a storage facility permit if the total
    Generators that generate more than 1,000 ki-           amount accumulated at any one time never ex-
lograms (kg) (2,200 pounds) of hazardous waste             ceeds 6,000 kg (13,200 pounds) and the genera-
per month must remove their waste within 90 days           tor complies with specified federal requirements.
of generation. The following considerations apply          Generators may accumulate a total of no more than


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one kilogram of acutely or extremely hazardous              tion XIII.
waste under the 180/270 day accumulation time                    (2) The hazardous waste must be accumulated
limits. (Title 22, Cal. Code Regs., section                 onsite in generator accumulation units (contain-
66262.34(d)). The time period for calculating the           ers, tanks, drip pads, or containment buildings).
180-day or 270-day period is determined in the                   (3) The accumulation activity must ensure that
same manner as for 90-day accumulation. (Health             hazardous waste is accumulated at the generator
& Saf. Code, section 25123.3 (c).)                          site for no longer than the applicable time limit.
     (3) Continuously Used Tanks and Containers.            Then the hazardous waste must be moved imme-
For tanks and containers that are continuously used         diately to an onsite or offsite authorized hazard-
or reused for the accumulation of hazardous waste,          ous waste facility unless an extension to the accu-
compliance with the 90-day (or 180/270-days) ac-            mulation time limit has been granted. For more
cumulation time limit requires that the tank or             information on the accumulation time limit ex-
container be emptied as completely as possible at           tensions, see section V.
least once every 90 days (or 180/270-days), using                Generator requirements become applicable as
practices commonly employed to remove materi-               soon as the first drop of hazardous waste begins to
als from that type of tank or container.                    accumulate, even if the 90-day time limit does not
     For example, drain tanks through the lowest            start until some later date because the generator
level valve and pump, if feasible, to remove all            generates 100 kg (220 pounds) or less per month.
drainable and pumpable material. In the case of             For information on accumulation time limit op-
containers, tilt, invert, or pump the container to          erational requirements, see DTSC's Hazardous
remove all pourable or drainable hazardous waste.           Waste Generator Requirements Fact Sheet (Janu-
If the hazardous waste is not pourable, empty the           ary 2002).
container by physical methods commonly em-
ployed to remove materials from the container.              V. SATELLITE ACCUMULATION
     As an alternative, in the case of tanks used in
flow-through hazardous waste treatment processes,               A generator may accumulate up to 55 gallons
the Department has allowed generators to dem-               of hazardous waste (or one quart of acutely or ex-
onstrate compliance by demonstrating that the vol-          tremely hazardous waste) without a permit at the
ume of the hazardous waste flowing through the              initial point of accumulation, known as a satellite
tank every 90 days is greater than the volume of            accumulation area, for up to one year (Title 22
the tank. Note: Manage unused tanks and con-                Cal. Code Regs., section 66262.34(e)).
tainers with sufficient residuals as hazardous wastes
including complying with the accumulation time              A. Satellite Accumulation Operational Require-
limits.                                                     ments
                                                                The following operational requirements apply
B. Qualifying Criteria for Accumulation                     to satellite accumulation:
    In order for a generator accumulation activity              (1) The containers holding the waste must be
to qualify for management under the "90/180/                managed in accordance with the requirements of
270-day rules," it must satisfy all of the following        Title 22, Cal. Code Regs., sections 66265.171
criteria:                                                   (Condition of Containers), 66265.172 (Compat-
    (1) The hazardous waste must have been gen-             ibility of Waste with Containers) and
erated onsite. The definition of onsite is in Sec-          66265.173(a) (Management of Containers).


                                                        4
     (2) The initial date that hazardous waste is           the land disposal restrictions (LDRs) under Title
placed in the container must be clearly marked and          22, Cal. Code Regs., section 66268.50 (b)).
visible on all containers used for "satellite" accu-            Note: Many storage permits or grants of au-
mulation. Additionally, each container must be la-          thorization limit storage at the authorized facility
beled with the words "Hazardous Waste," and the             to one year. This one year limit does NOT in-
following information:                                      clude any time during which the waste may have
         (a) the composition and physical state of          been accumulated at an onsite generator ("90-day"
the wastes;                                                 or "satellite") accumulation area prior to being
         (b) a statement that calls attention to the        transferred to the authorized storage facility. Stor-
particular hazardous properties of the waste; and           age in the authorized storage facility is subject to
         (c) the name and address of the generator.         permit conditions.
     (3) No treatment of hazardous waste is allowed
while being accumulated under the satellite accu-           B. Qualifying Criteria for Satellite Accumula-
mulation exemption.                                         tion Exemption
     (4) Within three days after the 55-gallon (or               In order for a generator accumulation activity
one quart) accumulation limit is reached, the gen-          to qualify for management under the "satellite ac-
erator must move the container to a "90-day" ac-            cumulation rules," all of the following criteria must
cumulation area and label the container with the            be satisfied:
date the satellite accumulation limit is reached. The            (1) The hazardous waste must be accumulated
date the 55-gallon (or one-quart) accumulation              in containers.
limit is reached is the start of the 90-day period.              (2) The hazardous waste must be accumulated
Alternatively, the waste may be moved to an au-             "at the initial accumulation point," which must
thorized onsite or offsite hazardous waste facility         be "at or near the area where the waste is gener-
within three days after the accumulation limit is           ated."
reached. The total time hazardous waste can be                   The term "initial accumulation point" means
accumulated at the satellite accumulation area is           that there cannot be any interim accumulation of
one year (Health & Saf. Code,, section 25123.3              the waste prior to its being accumulated at the sat-
(d)(3) and Title 22, Cal. Code Regs., section               ellite accumulation point. However, certain gen-
66262.34(e)(1)(B)).                                         erating activities (for example, equipment main-
     This one-year accumulation limit applies only          tenance) may necessitate the temporary interim ac-
to the time during which the waste is held onsite           cumulation of the waste during the process of per-
in any generator accumulation area, i.e., the com-          forming such activities. Such temporary interim
bined accumulation time at a satellite accumula-            accumulation does not disallow satellite accumu-
tion point (where the waste is generated and ini-           lation of the waste, if the interim accumulation is
tially accumulated) and at a "90-day" accumula-             necessary to the generating activity and if the waste
tion area (where the waste may be transferred when          is placed in the satellite accumulation area prior to
the "satellite" limit is reached). The waste may be         the end of the work shift of the individual opera-
moved (either from the "satellite" point or from a          tor of the process generating the waste. For ex-
"90-day" area) to an onsite or offsite authorized           ample, drip pans may be used to collect oil at hard-
storage facility and held there for any length of           to-reach locations and then placed in the satellite
time (unless the storage time is limited by condi-          accumulation area at the end of the work shift. In
tions specified in the grant of authorization or by         another example, when maintenance crews are


                                                        5
working on multiple floors or on scaffolding, they               rate 55-gallon (or one-quart) limit to those specific
may temporarily accumulate the waste where they                  compatible waste streams. This determination is sub-
are working and then move it to a satellite accu-                ject to review and approval by DTSC.
mulation point at the end of the work shift.
     Residuals from the treatment of onsite waste                VI. LABORATORY ACCUMULATION
may not be accumulated under the satellite accumu-
lation exemption. (The waste treatment process is                     Pursuant to Health & Saf. Code, section
not the process initially generating the waste, and the          25200.3.1, a generator may accumulate, except as
accumulation of the waste subsequent to treatment                otherwise required by the federal act, up to 55 gal-
does not qualify as initial accumulation.)                       lons of laboratory hazardous waste, or one quart of
     (3) The initial accumulation point must be un-              laboratory hazardous waste that is acutely hazardous
der the control of the operator of the process gener-            waste, onsite in a laboratory accumulation area that
ating the waste.                                                 is located as close as is practical to the location where
     The term "operator of the process" means the                the laboratory hazardous waste is generated, if all of
hands-on operator of the machinery or activity that              the following conditions are met:
generates the waste, not the overall operator of the             • The laboratory accumulation area is managed un-
generator site or facility as a whole.                                der the control of one or more designated per-
     The term "under the control" means that the ac-                  sonnel who have received training commensu-
cumulation container must be in the line of sight of                  rate with their responsibilities and authority for
the operator or in a locked compartment to which                      managing laboratory hazardous wastes, and un-
the operator controls access. The purpose of this re-                 supervised access to the laboratory accumulation
quirement is to ensure that the operator controls all                 area is limited to personnel who have received
access to and management of the accumulated waste.                    training commensurate with their responsibili-
This prevents mixing of incompatible wastes and                       ties and authority for managing laboratory haz-
other unsafe management practices.                                    ardous wastes.
     (4) The satellite accumulation point must be op-            • The laboratory hazardous wastes are managed so
erated so as to ensure that a process or group of pro-                as to ensure that incompatible laboratory haz-
cesses meeting the requirements above is subject to a                 ardous wastes are not mixed, and are otherwise
single 55-gallon (or one quart) accumulation limit,                   prevented from coming in contact with each
except as provided below:                                             other. However, incompatible laboratory hazard-
     If not all of the waste streams generated by a single            ous wastes may be mixed together during treat-
process or group of processes located within the same                 ment meeting the requirements of Health & Saf.
physical area are compatible, a separate 55-gallon (or                Code, section 25200.3.1 (c), if one laboratory
one-quart) limit applies to each group of waste                       hazardous waste is being used to treat another
streams that are compatible.                                          laboratory hazardous waste pursuant to proce-
     If the generator determines that using only one                  dures published by the National Research Coun-
55-gallon (or one-quart) container for the initial ac-                cil or procedures published in peer-reviewed sci-
cumulation of specific compatible waste streams is                    entific journals.
not practical (e.g., prevents recycling or requires un-          • The amount of laboratory hazardous waste ac-
reasonable accumulation procedures) or is not safe                    cumulated in the laboratory accumulation area
from an environmental or worker and public health                     is appropriate for the space limitations and the
and safety standpoint, the generator may apply a sepa-                need to safely manage the containers and sepa-


                                                             6
    rate incompatible laboratory hazardous wastes.           ered RCRA wastes and are not eligible. The accu-
• All of the requirements of subdivision (d) of              mulation of hazardous waste in waste piles (as de-
    Health & Saf. Code, section 25123.3 are met,             fined in Title 22, Cal. Code Regs.,, section
    except for the requirements of paragraph (1) of          66260.10) is not eligible for an extension. To be
    subdivision (d) of Section 25123.3. These re-            eligible, the hazardous waste must be accumulated
    quirements are summarized in Section V (A), Sat-         either:
    ellite Accumulation Operational Requirements,                ( 1) In tank systems that comply with the stan-
    of this fact sheet.                                      dards of article 10 of chapter 15 of division 4.5 (Title
    The laboratory accumulation area may be located          22, Cal. Code Regs.), or
in the room in which the accumulated laboratory                  ( 2) In containers that comply with the standards
hazardous wastes are generated or in another onsite          of article 9 of chapter 15 of division 4.5 (Title 22,
location.                                                    Cal. Code Regs.,), or
    A separate fact sheet will be issued to address in           (3) On drip pads, provided that the generator
detail the requirements for accumulation and/or treat-       complies with article 17.5 of chapter 15 of division
ment of hazardous waste in laboratories.                     4.5 (Title 22, Cal. Code Regs.), or
                                                                 (4) In containment buildings, provided that the
VII. GENERATOR ACCUMULATION                                  generator complies with article 29 of chapter 15 of
EXTENSIONS                                                   division 4.5 (Title 22, Cal. Code Regs.).

A. Extensions for RCRA Wastes                                C. One-Time “90-Day” Extensions for Non-
     If RCRA hazardous wastes must remain onsite             RCRA Wastes
for longer than 90 days due to unforeseeable, tem-               When unforeseeable, temporary, and uncontrol-
porary, and uncontrollable circumstances, an exten-          lable circumstances occur, generators may be granted
sion of up to 30 days may be granted at the discre-          a one-time 90-day extension beyond the applicable
tion of DTSC on a case-by-case basis. Mixtures of            accumulation time provided all of the following con-
RCRA regulated wastes and non-RCRA wastes are                ditions are met:
considered RCRA wastes. For more information on                  (1) The generator submits a certified letter, with
extensions, please contact DTSC at (510) 540-3874.           return receipt requested, to the Certified Unified Pro-
An application for the extension can be obtained at          gram Agency (CUPA) notifying the CUPA of the
DTSC's Web Site located at www.dtsc.ca.gov/Haz-              extension, provided that the letter is received before
ardousWaste/HWM_FRM_Accumulation-                            the applicable time limit expires.
Extension.pdf                                                    If the generator is located in a jurisdiction with
                                                             no CUPA, then the notification letter must be sub-
B. Eligibility for Extensions for Non-RCRA                   mitted to the officer or agency authorized to imple-
Wastes                                                       ment and enforce the requirements of Health & Saf.
     Title 22, Cal. Code Regs., section 66262.35             Code, section 25404(c)(1), currently DTSC. Con-
allows an extension of the accumulation time lim-            tact the DTSC office nearest you for more informa-
its for non-RCRA hazardous wastes. These exten-              tion. See section XIV for list of phone numbers for
sions apply only to non-RCRA or RCRA exempt                  DTSC Public and Business Liaisons.
hazardous waste generated onsite (Title 22, Cal.                 (2) The generator must certify in the letter that
Code Regs., section 66262.35). Mixtures of RCRA              the eligibility requirements and the conditions for
regulated wastes and non-RCRA wastes are consid-             the extension are met and that the hazardous waste


                                                         7
will be managed in accordance with the requirements            on a case-by-case basis, upon receipt of a written ex-
of Title 22.                                                   tension request from the generator. To be eligible for
     (3) The generator must also certify, where appli-         the case-by-case extension, the generator must show
cable, that the hazardous waste is accumulated in tank         one of the following:
systems that comply with the standards of Title 22,                 (1) There is a lack of offsite treatment capacity,
Cal. Code Regs., division 4.5, chapter 15, article 10,         or offsite disposal capacity, or there is no treatment
or containers that comply with the standards of Title          process for the hazardous waste. The generator must
22, Cal. Code Regs., division 4.5, chapter 15, article         submit documentation to the CUPA or authorized
9, or placed on drip pads, provided that the genera-           agency verifying attempts to locate an appropriate
tor complies with chapter 15, division 4.5, article            offsite treatment or disposal facility for the hazard-
17.5, or placed in containment buildings, provided             ous waste and list the names, addresses and phone
that the generator complies with article 29 of chap-           numbers of all the disposal and/or treatment facilities
ter 15 of division 4.5.                                        that have been contacted. An example of this category
     (4) The letter must include the names, mailing            is a military base that could not locate a treatment or
address, address or legal description of site location,        disposal facility that would take its waste that was haz-
telephone number, EPA ID number, the hazardous                 ardous for radioactivity, PCBs and metals.
waste stream(s) for which the extension is being re-                (2) A longer accumulation time is needed by the
quested, the maximum quantity to be stored over                generator to treat hazardous waste onsite. This might
the applicable time period, an explanation of how              be due to temporary equipment malfunctions or
the waste stream is generated, the start and end dates         because treatment efficiencies require a larger volume
of the 90 day extension period, and a detailed expla-          of waste. Any speculative accumulation of hazard-
nation why the extension is needed.                            ous waste, however, is not a sufficient reason for an
     (5) All generators who are also authorized by             extension.
DTSC with a full permit, Standardized Permit, or                    (3) An extension is needed because an onsite
Interim Status must simultaneously submit to DTSC              cleanup activity requires a longer accumulation time
a copy of the letter submitted to the CUPA or au-              (e.g. delays in cleanup due to weather conditions).
thorized officer or agency. The letter must certify that            (4) An extension is needed because there was an
the eligibility requirements and the conditions for            emergency (e.g., explosion, fire) at the business.
the extension are met, and that the hazardous waste                 (5) Generators that have already qualified for one
will be managed in accordance with the applicable              90-day extension beyond the 90-day accumulation
requirements of Title 22.                                      time, but still require more time due to unforeseen,
     (6) Upon request by a CUPA or authorized of-              temporary, and uncontrollable circumstances.
ficer or agency, the generator must provide all docu-               (6) Other good cause as determined by the CUPA
ments, operating logs, reports, or any other infor-            or if no CUPA then the authorized officer or agency
mation that supports the claim of the necessity for            in that jurisdiction.
the extension or relates to the management of the
hazardous waste for which the extension is requested.          E. Extensions for Disasters for Non-RCRA
                                                               Wastes
D. Case-By-Case Extensions for Non-RCRA                             In the event of a disaster, DTSC may grant an
Wastes                                                         emergency waiver allowing a 90-day extension to the
    One or more 90-day extensions may be granted               generators within the geographic area of the disaster
by the CUPA or by the authorized officer or agency,            if the following conditions are met::


                                                           8
     (1) The hazardous waste must be accumulated                 for transfer facilities in areas zoned industrial by the
in tank systems that comply with the technical stan-             local planning authority, subject to the requirements
dards of Title 22, Cal. Code Regs., chapter 15, ar-              of Title 22, Cal. Code Regs., sections 66262.30 and
ticle 10, or containers that comply with the techni-             66263.18.
cal standards of Title 22, Cal. Code Regs., chapter
15, article 9, or placed on drip pads, provided that             IX. PROCESS EQUIPMENT IN WHICH
the generator complies with Title 22, Cal. Code                  HAZARDOUS WASTE IS GENERATED
Regs., chapter 15, article 17.5, or placed in contain-
ment buildings, provided that the generator com-                      Pursuant to Title 22, Cal. Code Regs., section
plies with article 29 of chapter 15 of Title 22, Cal.            66261.4(c), hazardous waste (e.g., sludge) in a
Code Regs.. Hazardous waste accumulated in waste                 manufacturing process unit or in a product or raw
piles shall not be eligible for this extension.                  material tank, vehicle or vessel, or pipeline is not
     (2) DTSC issues a press release specifying which            considered to be generated until the waste is re-
particular geographic area (e.g., city, county) will be          moved from the unit, tank or other equipment (un-
granted an emergency waiver.                                     less/until the waste remains in the unit for more
     (3) The emergency waiver may only be activated              than 90 days after the unit ceases to be operated).
when there has been a proclamation of a state of                 Therefore, prior to removal, such waste is not sub-
emergency by the federal, state, or local government             ject to the hazardous waste requirements. Addition-
for the geographic area.                                         ally, such waste, while it is still in the process, prod-
     (4) DTSC may further extend the effective pe-               uct or raw material unit, is not included in deter-
riod of the emergency waiver, as necessary, to assist the        mining the volume of waste being accumulated at
recovery process from the disaster. This extension               the generator site.
would also be announced through a press release.
     Upon request by the Department, a CUPA, or if               X. TREATMENT RESIDUALS
no CUPA, the authorized officer or agency in that
jurisdiction, the generator shall provide all docu-                   Treatment residuals are hazardous residuals re-
ments, operating logs, reports, or any other infor-              sulting from the treatment of hazardous waste. Treat-
mation that supports the claim of necessity for the              ment residuals are not considered to be newly gener-
extension or relates to the management of the haz-               ated waste, and must be managed as either onsite or
ardous waste for which the extension is requested.               offsite waste depending upon the status of the waste
                                                                 prior to treatment (Health & Saf. Code, section
VIII. TRANSFER FACILITY EXEMPTION                                25200.3(c)(8)). Therefore, an authorized treatment
                                                                 facility that treats offsite hazardous waste must man-
     Hazardous waste generated offsite may be col-               age the hazardous residuals from such treatment as
lected and accumulated without a grant of authori-               offsite hazardous waste.
zation only if the transfer facility exemption, set forth             An authorized treatment facility that treats haz-
in Title 22, Cal. Code Regs., section                            ardous waste originally generated onsite may accu-
66270.1(c)(2)(C), applies. Under this exemption,                 mulate the resulting residuals as any other onsite
transporters may during the normal course of trans-              waste. However, the beginning and ending dates of
portation, accumulate manifested shipments of                    the 90-day period for these residuals is the same as
offsite hazardous waste in containers at a transfer fa-          for the waste from which the residuals resulted (i.e.,
cility for periods of six days or less, or 10 days or less       the residuals must be moved to an onsite or offsite


                                                             9
authorized facility within the appropriate time pe-             XII. REMEDIATION WASTE STAGING
riod after the date the original waste was generated).          AREA
If wastes with different accumulation deadlines are
treated together so that their respective residuals can-             Pursuant to Health & Saf. Code, sections
not be distinguished, the earliest of the deadlines ap-         25123.3(a)(2) and 25123.3(e), a storage permit is
plies to all of the resulting hazardous treatment re-           not required for the temporary accumulation of non-
siduals. (See section IV of this fact sheet for further         RCRA contaminated soil that is generated and held
information on accumulation.) Note: The "satellite"             onsite, and that is accumulated for the purpose of
accumulation rules do not apply to the accumula-                onsite treatment pursuant to a certified, authorized
tion of treatment residuals.                                    or permitted treatment method, such as a transport-
XI. HAZARDOUS WASTE GENERATED                                   able treatment unit, if all of the following require-
AT REMOTE LOCATIONS                                             ments are met:
                                                                     (1) The hazardous waste being accumulated does
     Certain generators (i.e. utility companies, city           not contain free liquids.
public works departments) generate small amounts                     (2) The hazardous waste is accumulated on an
of hazardous waste in the course of conducting rou-             impermeable surface, such as high density polyethyl-
tine field maintenance operations. These field op-              ene (HDPE) of at least 20 mills that is supported by
erations typically take place in remote locations               a foundation, or high density polyethylene of at least
where it is not feasible or practical to establish a            60 mills that is not supported by a foundation.
generator accumulation area. The hazardous waste                     (3) The generator provides controls for wind-
generated during these field operations is transported          blown dispersion and precipitation runoff and run-
less frequently than on a daily basis by the generator's        on and complies with any storm water permit re-
employees or by trained contractors under the con-              quirements issued by a regional water quality con-
trol of the generator, in vehicles which are under              trol board.
control of the generator, or by registered hazardous                 (4) The generator has the accumulation site in-
waste transporters to a "consolidation site" owned              spected weekly and after storms to ensure that the
or operated by the generator. Hazardous waste gen-              controls for windblown dispersion and precipitation
erated during remote field operations and taken to              runoff and run-on are functioning properly.
a "consolidation site" owned/operated by the gen-                    (5) The staging area is certified by a registered
erator for accumulation prior to treatment or dis-              engineer for compliance with the standards specified
posal is deemed to be generated at the "consolida-              in Health & Saf. Code, sections 25123.3(a)(2)(A)
tion site."                                                     to 25123.3(a)(2)(D), inclusive.
     Such waste may be accumulated as onsite haz-                    (6) The total accumulation period is one year or
ardous waste at the "consolidation site" under the              less from the date of the initial placing of hazardous
"90-day accumulation rules." Examples of remote                 waste by the generator at the staging site for onsite
locations include utility companies generating waste            remediation, except that DTSC may grant one six-
at substations and city public works departments                month extension, upon a showing of reasonable cause
generating waste paint from public fixture mainte-              by the generator.
nance. A separate fact sheet will be issued to address               (7) The generator must notify DTSC and the
in further detail hazardous waste generated in remote           CUPA, or authorized agency, of plans to store and
locations. (Health & Saf. Code, sections 25110.10,              treat hazardous waste onsite in a remediation stag-
25121.3 and 25163.3.)                                           ing area.


                                                           10
    If the generator determines that treatment cannot            first causes a hazardous waste to become subject to
be accomplished for all, or part of, the hazardous waste         regulation.
accumulated in a remediation waste staging area, the
generator must immediately notify DTSC and the                   Grant of Authorization: A permit, interim status au-
appropriate local agency that the treatment has been             thorization, variance, permit-by-rule, conditional au-
discontinued. The generator must then handle and                 thorization, conditional exemption, or consent order.
dispose of the hazardous waste in accordance with haz-
ardous waste laws and regulations.                               Hazardous Waste Facility or Facility: All contiguous
    A generator may not hold hazardous waste for                 land and structures, other appurtenances, and improve-
remediation waste staging unless the generator can               ments on the land used for treatment, transfer, stor-
show, through laboratory testing, bench scale testing,           age, resource recovery, disposal or recycling of hazard-
or other documentation, that soil held for remediation           ous wastes. A hazardous waste facility may consist of
waste staging is potentially treatable.                          one or more treatment, transfer, storage, resource re-
    Once an onsite treatment operation is completed              covery, disposal or recycling operational units or com-
on remediation waste, the generator must inspect the             binations of these units.
staging area for contamination and remediate as nec-
essary.                                                          Laboratory Accumulation Area: The area where labo-
                                                                 ratory hazardous wastes are accumulated.
XIII. DEFINITIONS
                                                                 Non-RCRA Hazardous Waste: All hazardous waste
Container: A device that is open or closed, and por-             regulated in the State of California, other than RCRA
table in which material can be stored, handled, treated,         (federally-regulated) hazardous waste. A hazardous
transported, recycled or disposed of. Note: Railroad             waste is presumed to be a RCRA hazardous waste,
cars are "containers," since they are portable when full.        unless it is determined pursuant to Title 22, Cal. Code
Therefore, railroad cars are subject to all storage and          Regs., section 66261.101 that it is a non-RCRA haz-
management requirements and restrictions applicable              ardous waste.
to containers.
                                                                 Offsite: Any site which is not onsite.
Containment Building: A hazardous waste manage-
ment unit that is used to store or treat hazardous waste         Onsite: The same or geographically contiguous prop-
under the provisions of Article 29 of chapter 14 or 15,          erty which may be divided by public or private right-
division 4.5, Title 22, Cal. Code Regs.                          of-way, provided the entrance and exit between the
                                                                 properties is at a crossroads intersection, and access is
Drip Pad: An engineered structure consisting of a                by crossing as opposed to going along the right-of-
curbed, free-draining base, constructed of non-earthen           way. Noncontiguous properties owned by the same
materials and designed to convey preservative kick-              person but connected by a right-of-way which that
back or drippage from treated wood, precipitation,               person controls and to which the public does not have
and surface water run-on to an associated collection             access, are also considered onsite property.
system at wood preserving plants.
                                                                 RCRA: Resource Conservation and Recovery Act
Generator or Producer: Any person, by site, whose                (RCRA). Federal statute that regulates facilities that
act or process produces hazardous waste or whose act             treat, store or dispose of hazardous waste. All RCRA


                                                            11
hazardous wastes are identified in Part 261 of Title
40 of the Code of Federal Regulations and appendi-                 If you have questions about waste
ces and Title 22, Cal. Code Regs., Section 66261.1              accumulation that were not addressed in
et seq.                                                         this fact sheet, please contact the DTSC
                                                                 office nearest you, or call the regional
Storage Facility: A hazardous waste facility at which                Regulatory Assistance Officers at
the hazardous waste is either:
                                                                   (800) 72TOXIC (1-800-728-6942).
     (1) held onsite past the applicable time limit (90/
180/270 days) ;                                                          DTSC Headquarters
     (2) held for any period of time at an offsite                      1001 I Street, P.O. Box 806
facility that is not a transfer facility; or                               Sacramento, CA 95812-0806
     (3) held at a transfer facility for periods longer
than six days, or longer than 10 days for transfer                        Sacramento Office
facilities located in industrial areas.                                  8800 Cal Center Drive
     The department may extend the above period of                      Sacramento, CA 95826
time for hazardous waste that is generated as a result                     (916) 255-3617
of an emergency release and that is collected and tem-
porarily stored by emergency rescue personnel, as                          Berkeley Office
defined in Section 25501, or by a response action                    700 Heinz Avenue, 2nd Floor,
contractor, upon the request of emergency rescue per-                    Berkeley, CA 94710
sonnel or the response action contractor.                                  (510) 540-3739
     (4) The hazardous waste is held at a transfer
facility for any period of time in a manner other                            Clovis Office
than in a container or tank.                                             1515 Tollhouse Road
                                                                        Clovis, CA 93611-0522
     (5) The hazardous waste is held at a transfer
                                                                           (559) 297-3901
facility for any period of time and handling oc-
curs other than the transfer of packages or con-
                                                                           Chatsworth Office
tainerized hazardous waste from one vehicle to
                                                                        9211 Oakdale A Avenue
another.
                                                                         Glendale, CA 94710
     A grant of authorization from the Department                          (818) 551-2830
is required for a Hazardous Waste Storage Facil-
ity.                                                                        Cypress Office
Tank: A stationary device, designed to contain an                        5796 Corporate Ave.
accumulation of hazardous waste and which is con-                         Cypress, CA 90630
structed primarily of non-earthen materials (e.g.,                         (714) 484-5400
wood, concrete, steel, plastic) which provide struc-
tural support. Note: Devices that are designed to                          San Diego Office
allow the attachment of "hard-piping" are consid-                   9174 Sky Park Court, Suite 150
ered to be tanks, because this indicates that they                    San Diego, CA 92108-3847
are not intended to be moved while in use.                                 (619) 278-3734

        Printed on Recycled Paper                                      or visit www.dtsc.ca.gov


                                                                                                 FS-02-016-HWM
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