When does the accumulation time begin for an unknown waste that is found to meet the definition of hazardous waste after initially being improperly labeled or not labeled at all?

The hazardous waste generator regulations provide a limited exemption from the requirement that those who store hazardous waste must obtain permits. To obtain the exemption, a generator must comply with all the requirements of Section 262.17. If the date on which the accumulation began was not marked on the drum or the drum was not marked “Hazardous Waste”, then the generator has not met the pre-conditions for the exemption from permitting requirements and is an operator of a storage facility subject to the requirements of 40 CFR Parts 264 and 265 and the permit requirements of 40 CFR Part 270.

Where a generator does meet the conditions of sections 262.14, .16, or .17, the accumulation time begins when a waste is generated or when it is first taken from a “satellite” accumulation area. Waste is generated either when it is produced or when it is first caused to be subject to regulation not when a generator first analyzes the waste. If the waste in the drum was a listed or characteristic hazardous waste when it was produced, then the one-time 90-day accumulation time could begin only at the time the waste was produced or removed from the satellite accumulation area.

If the waste was not subject to regulation when it was first stored, e.g., the material had not yet been listed as a regulated hazardous waste, then the 90-day period would have begun when the waste became subject to regulation--upon the effective date of the new listing. A generator’s failure to properly analyze, label, and accumulate waste does not exempt the waste from regulation.