What is satellite accumulation?
Section 9 VAC 20-60-262.34 of the VHWMR addresses proper satellite accumulation. The regulation is designed to allow for longer accumulation of wastes where the generation rate is so slow that a full drum may not be accumulated within 90-days from beginning accumulation, and generators would have to dispose of partially full drums. The regulation specifies that a generator may accumulate wastes "in containers at or near any point of generation where wastes initially accumulate, which is under control of the operator of the process generating the waste." Furthermore, the containers must be marked with the words "Hazardous Waste" or other words that identify the waste, kept closed, be in good condition, and be compatible with the waste. Up to 55-gallons of each separate waste stream may be accumulated under satellite conditions. However, the waste streams should be distinguishable either by waste code, specific TSD facility handling requirements, or other criteria which justifies handling in separate containers (e.g., red paint and green paint which are compatible, bearing the same waste codes, and subject to the same LDR treatment standards would not be justifiable as separate waste streams). The regulations do not allow for a "satellite to satellite" transfer (ref: "where waste initially accumulates"). Therefore, hazardous waste (i.e. any spent material or solid waste qualifying as a hazardous waste) first accumulated in a container under satellite conditions constitutes a satellite accumulation; subsequent transfer to another container would cause that container to be subject to <90-day accumulation standards. Nor may a satellite accumulation container be moved to another satellite accumulation "area"; once moved, it is no longer 'at or near' the point of generation, and becomes subject to <90 day requirements.
Many people also misinterpret the satellite container regulations to mean that any hazardous waste accumulation under 55-gallons is satellite, but this application is not necessarily correct. The regulation is generally interpreted to apply only to one operator of a satellite accumulation container from one waste generation process. If multiple operators contribute waste to a container from multiple points of generation, satellite conditions would not be maintained. Thus, consolidation of individual shop waste accumulations at an area away from those shops would not meet the intent and definition of satellite accumulation, and such an area should be managed as a less-than-90-day area. Satellite accumulation under one responsible operator ensures compatibility of all wastes managed in the container and "one user responsibility" for container management standards (container condition, closed, spills/releases prevented, correct labeling, etc.). Generators are relieved from the weekly inspection and log requirements for satellite container accumulation because of the presumption that the operator will be able to observe the container at the production process area on a daily basis and ensure that the proper conditions are maintained.
Virginia's "per waste stream" satellite interpretation in based in part on EPA's responses to inquiries referencing the number of satellite areas that may be maintained at a facility. Virginia, and EPA, believe that under normal conditions only one waste stream would be accumulated at a satellite area. However, we have observed certain processes where several waste streams may be generated on one work area, and in such cases have allowed for the operation of multiple satellite containers. Virginia allows this because EPA's language does not restrict the number of satellite accumulation containers that may be maintained by a facility (2/11/87 Bromm to Bradford, EPA Faxback 12859; 8/2/89 Lowrance to Kirk, Faxback 11452). However, in other responses EPA has emphasized 55 gallons as a maximum at any satellite location and it appears implicit that multiple container management (i.e., several smaller containers for multiple wastestreams) should not exceed a total of 55 gallons for "one" satellite area [note: Virginia holds that if small containers are used, they become subject to regulation under 262.34 when they are full, regardless of whether the satellite site has reached 55 gallons capacity, and must be labeled, dated, removed to a <90 day area, etc.]. Nonetheless, Virginia is unable to determine any basis in the regulations for prohibiting co-location of satellite containers. There is no separation distance requirement established in the satellite regulations (aside from base requirements compatibility issues), nor is there specific prohibition from locating satellite containers in close proximity to <90-day containers (except compatibility). Because the regulations require satellite containers to be located "at or near the point of generation", industrial operations that produce several waste streams in close proximity (but which cannot be mixed in the same container because of handling, disposal, compatibility, waste characterization issues, etc.), often require that satellite containers be co-located in order to meet the rule. Thus, Virginia allows generators to co-locate satellite containers under certain special conditions.
In reviewing operation of satellite accumulation containers, it is important for the inspector to determine if the waste is being maintained under satellite conditions because there is a true need for it (slow generation rates) or is the generator merely claiming satellite accumulation as a convenience to circumvent full container requirements under 262.34. The spirit and intent of satellite container regulation is to provide for longer accumulation times when wastes are generated at such a slow rate that a container would not be filled within the 90-day accumulation time limit, and generators would have to dispose of partially full containers. Thus, if generators routinely fill containers in considerably less time, particularly at facility locations where multiple satellite containers are maintained in one satellite "area", the practice appears to be in conflict with the intent of satellite accumulation language and a circumvention of 262.34 requirements.
DEQ believes that most generators co-locating satellite accumulation containers have legitimate claim to this practice because of slow waste generation rates and multiple waste stream generation in the process area. Although this has been a practice in Virginia for many years and has been observed by EPA during joint inspections of our facilities, EPA has recently expressed a differing opinion on certain multiple satellite accumulation container methods in satellite "areas". Therefore, it may be necessary to re-examine facility operations where satellite accumulation appears to be improper waste management in circumvention of 262.34 requirements. Generators will bear a stronger burden-of-proof to justify a claim of legitimate satellite accumulation, with supporting demonstration of generation rates and necessity if multiple containers are used. Generators are also strongly encouraged to distinctly identify as separate any satellite containers (note: containers are satellite, not "areas" with multiple containers; although often used as a descriptive term, "satellite accumulation area" is not a term recognized or defined by Part 262.34 of the regulations) that may be co-located in process areas and ensure that compatibility issues are met.
When does the accumulation date begin?
Many generators become subject to enforcement actions because they fail to act in a timely manner and mishandle "unknown" wastes. In accordance with VHWMR Section 9 VAC 20-60-262, anyone who generates a solid waste is required to determine if that waste is a hazardous waste. Generators are allowed to accumulate hazardous waste on-site for less than 90-days without a permit or interim status (or other generator status category time limits, as applicable). The 90-day accumulation limit is inclusive of time allowed for analysis of the waste. That is, the waste may only be accumulated for 90 days from the time it becomes a solid waste that is subsequently determined to be a regulated hazardous waste. Thus, hazardous unknown, abandoned, discarded, or spent materials, or other materials meeting the RCRA definition of a solid waste are subject to regulation within appropriate timeframes, regardless of pending analysis time or failure by the generator to take appropriate action to determine if they are hazardous. This reasoning should be readily apparent; otherwise, hazardous wastes could be improperly accumulated indefinitely before being "determined" to be subject to regulation. A generator may also declare his solid waste to be a hazardous waste based on his knowledge of the process generating the waste or other knowledge which may be used to identify the waste (e.g., it is a known discarded commercial chemical product, or by knowledge derived from MSDS information). The generator must make this declaration and manage the waste within 90 days from when it first becomes defined as a solid waste, not from the time of the hazardous declaration.
For satellite accumulation, the accumulation date begins when the container is full. The accumulation date starts when the container is full regardless of whether it is a 55-gallon or smaller container. Because the operator of a satellite accumulation container must be familiar with the process generating the waste, and therefore, must know the contents of the container, unknown wastes would not be expected from a satellite accumulation area.
Please note that this is an instructional summary for compliance assistance purposes. Generators are encouraged to review the complete hazardous waste regulations and to check with appropriate DEQ staff if they have any questions about regulation applicability to their waste streams.
Virginia Department of Environmental Quality
Hazardous Waste Technical Advisor/Compliance Coordinator
Revision 6/12/01 (Rev.11/3/93, Rev. 7/95)