Inspection of Satellite Accumulation areas

Background:

Large Quantity Generators (LQG) of hazardous waste must inspect the <90 style=""> Part 265.174 requires owners and operators to inspect containers for leaks and deterioration caused by corrosion or other factors. Satellite Accumulation Areas do not require these weekly inspections. Satellite accumulation areas are unique in that the must be directly under the control of the operator and therefore are under nearly constant observation. Each State should be consulted for the requirements in that jurisdiction.

explanation:

In an interpretive memo dated 12/01/1999 (RCRA Online #14418), the EPA states:

“Hazardous waste containers used to accumulate hazardous waste at or near any point of generation (“Satellite Accumulation”) and in compliance with 262.34© are not required to be inspected weekly. A generator accumulating hazardous waste in satellite accumulation areas must comply with 265.171, 265172 and 265.173(a) (262.34(c) (1) (i)). These requirements include that a LQG ensure that the containers are in good condition, that the waste is compatible with the containers, and that the containers are kept closed except when necessary to add or remove waste. In addition, if the container begins to leak the generator must transfer the waste to a container that is in good condition. Section 265.174, regarding weekly inspection, is not a requirement for containers of hazardous waste in a satellite accumulation area. Therefore LQGs are not required to conduct weekly inspections of containers in satellite accumulation areas so long as they comply with the provisions of 262.34 (c). Authorized States may require weekly inspections of containers in satellite accumulation areas, as states may have more stringent requirements than the federal regulations.”

The language above makes it clear that inspection is not required by federal regulation. State requirements or individual generators may have more stringent requirements for operation of the satellite accumulation areas. If this is the case the requirements of 265.174 should be followed.

Regulatory Citation:

The Technical Guidance Memo above along with the regulatory language found in 262.174,

and 265.171, 265.172, and 265.173(a) is referenced. In addition, we confirmed our thinking with

the Kansas Department of Health and Environment.

Interpretation:

Inspection of the containers in satellite accumulation areas on a weekly basis is not required in the federal regulations. However, the State regulations should be consulted to assure compliance.