The Storage Prohibition

While it may seem easier to simply store hazardous wastes rather than to treat and dispose of them properly, this practice is not permitted under the LDR program. The LDR program offers some flexibility in the storage regulations, however, in order to allow handlers to accumulate sufficient quantities of waste for proper recycling, treatment, or disposal. As such, there is no strict guideline for how long is "too long" to store the wastes. Because of this, the regulations set forth in the LDR program state that during the first year of the storage of hazardous wastes, the burden of proving that the handler is breaking the storage prohibition rests on the EPA. After the first year, however, the burden of proof falls on the waste handler to show that the waste is being accumulated to ensure proper disposal in the future. Generators who accumulate waste on-site under the rules found at 40 CFR Part 262.34, and transporters who store waste to be transferred within ten days, are not subject to the LDR program's storage prohibition.

To learn more about RCRA visit our RCRA Hazardous Waste Safety Online Training web page.