PERMIT WRITER'S

GUIDANCE MANUAL
(FOR TREATMENT AND STORAGE
IN TANKS AND CONTAINERS)
     U.S. ENVIRONMENTAL PROTECTION AGENCY
             1983

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PERMIT WRITER'S

GUIDANCE MANUAL
(FOR TREATMENT AND STORAGE
IN TANKS AND CONTAINERS)
     U.S. ENVIRONMENTAL PROTECTION AGENCY
             1983

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   PERMIT WRITER'S GUIDANCE MANUAL
     This guide was prepared by

         A. T. Kearney, Inc.
            P.O. Box 1405
          699 Prince Street
     Alexandria, Virginia  23313

                 with

      PEDCo Environmental, Inc.
         11499 Chester Road
       Cincinnati, Ohio  45246
U.S. ENVIRONMENTAL PROTECTION AGENCY

                1983

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                           DISCLAIMER
     This Permit Writer's Guidance Manual has been developed to
assist Federal and state hazardous waste permit writers in
reviewing RCRA Part B Permit Applications.  It is intended that
permit writers will use the document as a guide in the technical
review process and to relevant technical information which can
be used while conducting the reviews.  The manual reflects all
the regulatory requirements as of the date of its publication.
All questions concerning the applicability of requirements or
their changes in status should be determined by direct reference
to the regulations.
                                11

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                             PREFACE
     The purpose of this guide is to assist the Federal and
state permit writers in evaluating RCRA Part B permit applica-
tions for hazardous waste management facilities.  This document
is designed to complement, not duplicate, the information pre-
sented in other guidance documents also developed for permit
writers including the document titled "RCRA Part B Permit
Strategy, U.S. EPA Region V" and the "Administrative Procedures
for RCRA Permits for Hazardous Waste Facilities.  SW-934, U.S.
Environmental Protection Agency, 1981.  These documents should
be referred to for further details on the administrative aspects
of permit issuance.
                                111

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                        TABLE OF CONTENTS


                                                            Page

I.    INTRODUCTION	     1-1

          Applicability 	     1-2
          Contents	     1-2
          Organization  	     1-3

II.   OVERVIEW OF THE TECHNICAL REVIEW PROCESS  	    II-l

          Introduction  	    II-l
          Subject Area Flowcharts	    11-5

III.  COMPLETENESS CHECK	I II-l

          Introduction	I II-l
          Permit Application Checklist	111-5

IV.   PERMIT WRITER'S DECISION GUIDE  	    IV-1

          Introduction  	    IV-1
          Decision Guide  	    IV-3
          Outline of Decision Guide 	    IV-4
          References for Permit Writer's Decision Guide .    IV-36

APPENDIX A  Confidential Treatment of Business Information   A-l
                                IV

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                         LIST OF FIGURES


Number                                                      Page

 II-l     Permit Application Review Process Flowchart       II-2

 II-2     Subject Area B - Facility Description Flowchart   II-6

 II-3     Subject Area C - Waste Characteristics Flowchart  II-7

 I1-4     Subject Area D - Process Information Flowchart    I1-8

 II-5     Subject Area F - Procedures to Prevent Hazards
           Flowchart                                        II-9

 II-6     Subject Area G - Contingency Plan Flowchart       11-10

 II-7     Subject Area H - Personnel Training Flowchart     11-11

 II-8     Subject Area I - Closure Plan Flowchart           11-12

 I1-9     Subject Area J - Other Federal Laws Flowchart     11-13

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                            SECTION I
                          INTRODUCTION

     Under Subtitle C of the Resource Conservation and Recovery
Act of 1976 (RCRA), the U.S. Environmental Protection Agency
(EPA) established regulations to ensure the protection of human
health and the environment through the proper management of
hazardous wastes.  These regulations require certain facilities
that treat, store, or dispose of hazardous wastes to submit RCRA
permit applications to EPA.  The permit applications consist of
two parts, Part A and Part B.  These applications must contain
sufficient information to assure that the hazardous waste manage-
ment practices of the facility provide adequate levels of protec-
tion to human health and the environment.
     Hazardous waste storage, treatment, or disposal facilities
in existence before November 19, 1980, were required to submit a
Part A permit application by that date.  A Part B permit appli-
cation must be submitted by the facilities and approved before a
final permit is granted.
     This Permit Writer's Guidance Manual is designed to help
the Federal and state permit writers evaluate whether Part B
permit applications contain adequate information to determine
whether or not the facility is in compliance with applicable
portions of 40 CFR 260-265.

                               1-1

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                          Applicability

     This manual is applicable to existing hazardous waste

storage and treatment facilities, which use containers and

tanks, to manage hazardous waste.  The manual has not been

designed to address new facilities*, land disposal facilities,

surface impoundments, waste piles, or incinerators.   These items

are listed in the appropriate sections in the permit application

outline followed by the word "reserved."


                           Contents

     The Permit Writer's Guidance Manual is divided into four

sections.  Section I provides an introduction and general back-

ground information concerning the use of the manual.  The second

section of this manual describes the procedures that should be

followed in conducting the technical review of the permit appli-

cation.  Flowcharts are used to illustrate the major subject

areas required by the regulations in the Part B permit applica-

tion and to illustrate the decision points in the permit appli-

cation review process.  The subject flowcharts show the major

items and and decisions that must be made before determining

whether subsequent items apply.  For example, the permit
  A significant portion of the regulatory requirements for new
  facilities are identical to the requirements for existing
  facilities.  There are numerous significant differences includ-
  ing but not limited to:  1) certain new facilities are required
  to comply with 40 CFR 264.18(a) while existing facilities are
  not required to comply with the seismic standards, and 2)
  permit application completeness checks must be completed within
  60 days of receipt for existing facilities, 30 days for new
  facilities.
                               1-2

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reviewer must determine whether or not a facility's containers
contain free liquids, and then check for only the appropriate
subsequent items.  The flowchart shows a branch whenever this
type of decision must be made by the permit writer.
     Section III contains a completeness checklist of items that
must be addressed in the application.  The permit writer reviews
the application and checks whether each required item is pro-
vided, not provided, or not applicable.  By using this check-
list, the permit writer determines whether the submitted appli-
cation is complete to the extent that it includes sufficient
technical information on which to base a technical determina-
tion.  If it is not complete, the facility is notified and the
additional information is requested.  If the application is com-
plete, then the permit writer completes the detailed technical
evaluation of the application using the decision guide.
     The decision guide presented in Section IV summarizes every
requirement in the regulations, provides the regulatory cita-
tion, and lists references that the permit reviewer can use to
obtain further information or guidance on specific technical
areas.

                          Organization
     Each of the sections in this manual is organized similarly
by subject area.  The information is centered around a suggested
permit application format.  The format includes all the infor-
mation required for a permit application.  The information is
based on RCRA regulations dealing with Part B information

                               1-3

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requirements (40 CFR 122.25) and the technical standards in

40 CFR 264.  The suggested permit application format is as

follows:

     A.   Part A Application
     B.   Facility Description
     C.   Waste Characteristics
     D.   Process Information
     E.   Ground Water Monitoring Systems (reserved)
     F.   Procedures to Prevent Hazards
     G.   Contingency Plan
     H.   Personnel Training
     I.   Closure and Post-closure Plans and Financial Responsi-
          bility
           (Post-closure Plans - reserved)
     J.   Other Federal Laws
     K.   Certification

An outline of the subheadings under each subject area can be

found on page IV-4.  The informational requirements can be

broadly categorized into two areas:  I) general requirements

which apply to all facilities, and 2) specific requirements

which apply to the individual type of facilities (e.g., tanks

and containers).  Sections A, B, C, F, G, H, I, J and K apply to

every facility, whereas Section D is divided into component

requirements for tanks and containers.  Portions of F, G, and I

are also dependent on facility type.  The flow charts in Sec-

tion II will assist the permit writer in evaluating the appro-

priate regulations which apply to an individual type of facil-

ity, on a case-by-case basis.

     The checklist in Section III and the decision guide in

Section IV are also organized according to the 10 subject areas.

This same basic outline has also been followed in "A Guide for

Preparing RCRA Storage Permit Applications," U.S. EPA, 1982.

The same format has been used for all the documents to clarify

and facilitate their use by the permit writer.
                               1-4

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                           SECTION II



            OVERVIEW OF THE TECHNICAL REVIEW PROCESS





                          Introduction



     The permit process begins when either the EPA Regional



Office (or a state with Phase II authorization),  requests sub-



mission of a Part B permit application or a facility voluntarily



submits an application.  Upon receipt of the request, a facility



has 6 months to complete and submit the permit application.



After the agency receives the completed application, it logs the



submittal.



     The application is reviewed to determine whether the appli-



cant has claimed any information in the application as business



confidential.  If an applicant claims confidentiality on any



information in the permit application, the permit writer must



follow special procedures to prevent disclosure of the informa-



tion until a final decision is made on the request for confi-



dentiality.  A detailed discussion on these procedures is pro-



vided in Appendix I.



     Figure II-l is a flow diagram of the permit application



technical review process.  First the permit application is



checked for timely submittal, certification and correct signa-



tures.  Next the application is given a completeness check, to



insure that the required information has been submitted and that





                              II-l

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        EPA calls Ptrt I
         applications or
        receives voluntary"^
           applications



Receive 1 (09
In Part 8
Applications
-
Otvldt Application
Among Expert leans
»

If omissions or
deficiencies are
noted.
submit notice of
deficiency to applicant
i
Use CHECKLIST to
Identify omissions
in appl (cation



i
*
Use
eva
rel
H
 I
Use DECISION GUIDE to
evaluate data In
relevant sections
of application.
Sections:
A. Part A Application
8. Facility Description
C. Waste Characteristics
D. Process Information
E. Ground Hater Monitoring Systems
F. Procedures to Prevent Hazards
6. Contingency Plan
H. Personnel Training
I. Closure I Post-Closure Plans
                                                                                                        I
                                                                                                        I
                                                                                                        I
                                                                                               	I
Issue Intent to
Deny

• Statement of Basis
• Administrative
  Records
                                                                                                                                                               Wtthdrr
                                                                                                                                                               Draft
                                                                                                                                                               Permit
 Draft Permit

  • Fact Sheet  or
   Statement of
   Basis
  • Administrative
   Records
                                                                                                                                                                           To public notice
                                                                                                                                                                          *   and comment
                                                                                                                                                                               process
                                                   Figure  II-l.   Permit application review  process flowchart.

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relevant technical data has been certified by a registered



professional engineer.  The checklist shown in Section III is



used to identify omissions in the application.



     The permit writer uses the checklist to determine whether



or not each item has been provided or is not applicable.   This




completed checklist provides a "workbook" from which the  permit



writer can determine whether or not required items are included.



If the Part B permit application is incomplete, EPA issues a



"Notice of Deficiency" letter to the applicant that details the



missing information needed to complete the application and



states a due date for submission of the additional data.   Upon



receipt of the additional data, the permit application review is



repeated with a new checklist.  The Agency notifies the appli-



cant in writing when the application is complete.



     After an application is considered complete, EPA conducts a



technical evaluation of the data in the application.  This



review determines whether a facility has met the requirements of



the standards promulgated under Title 40 of the Code of Federal



Regulations (40 CFR) Part 264 and Section 122.25, and whether it



should be granted a RCRA permit.  The technical evaluation is



made by using the decision guide presented in Section IV.  Each



subject, submitted as Parts A through K in the permit appli-



cation, is evaluated separately.  (These subject areas are used



to divide the application among the expert teams for review.)



The permit writer may utilize technical design manuals, state



information, or other sources of information to conduct the
                              II-3

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technical evaluation.  The decision guide includes references to



manuals and other sources keyed to specific items in each subject



area.



     If the agency determines that a facility site visit is



needed to confirm, complete, or evaluate data in an application,



a site visit is conducted at this time.  The agency may choose



to use an outside contractor to provide technical expertise and



assistance in the technical review of a permit application



(including the completeness check, the technical evaluation, or



the site visits).



     The agency must then tentatively decide whether to issue an



intent to deny a RCRA permit or write a draft permit.  If a



decision to deny a permit, is reached, the permit writer prepares



a notice of intent to deny, which briefly describes the reasons



supporting the tentative decision to deny a permit.  If the



decision is made to issue a draft permit, the permit writer



prepares the draft permit and a fact sheet or statement of



basis.  A fact sheet is prepared for all major facilities and a



statement of basis is prepared for all other facilities.



     The permit writer also compiles the administrative record,



which consists of the application, the draft permit or intent to



deny, the statement of basis or fact sheet and documents cited



therein, and other documents contained in the supporting file



for the draft permit.  (For further details see 40 CFR 124.18.)



     After these steps are completed in the permit application



review process, the Agency gives public notice, and the public



review process begins.



                              II-4

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                     Subject Area Flowcharts



     Figures I1-2 through I1-9 are flowcharts that show the



major items in each subject area, B through J (E is reserved).



The permit writer can use the flow charts as a tool to assist



him/her in evaluating the specific informational requirements



which apply to any given facility.  The flowcharts are designed



to show when a decision must be made as to the applicability of



individual requirements.  For example, when evaluating the



facility description information, a permit writer first checks



whether the facility is located in a floodplain.  If it is not,



the floodplain requirements are not applicable.  If it is lo-



cated in a floodplain, the permit writer reviews the application



to determine whether the facility can meet the 100-year flood-



plain standards.  The permit writer then checks the application



to see if it either shows compliance with the floodplain require-



ments or contains a compliance plan.
                              II-5

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                                             GENERAL  DESCRIPTION

                                             Existing Facility
                                                 TOPOGRAPHIC
                                                    MAP
                                                  LOCATION
                                                 INFORMATION
                                              100-Year Floodplain
                                                  Standards
                                                                      Not Located
                                                                      in Floodplain
               Located  in
               Floodplain
                                   Not in Compliance
                                        with
                                  Flood Plain Standard
  emonstration
      of
Compliance with
  Flood Plain
     tandar
                                    Plan for Future
                                      Compliance
Floodproofing and
      Protection
    Measures
                 TRAFFIC
                PATTERNS
     Figure  11-2.   Subject area B  - facility description  flowchart.
                                        II-6

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                      CHEMICAL AND PHYSICAL
                             ANALYSES
                       WASTE ANALYSIS PLAN
                     Parameters and Rationale
                                I
                           Test Methods
                                I
                         Sampling Methods
                                I
                      Frequency of Analysis
                   Additional Requirements for
                    Wastes Generated Off-Site
Figure II-3.   Subject area C - waste characteristics  flowchart.
                               II-7

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»
With
Free
Liquids
*
Description
*
Container
Management
Practices
*
Secondary
Containment
System
Design and
Operation
*
Removal
of Liquids
from
Collection
System

*
Without
Free
Liquids
*
Test for
Free Liquids
*
Description
of
Containers
*
Container
Management
Practices
*
Container
Storage
Area
Drainage
Figure 11-4.   Subject area D - process information flowchart.
                             II-8

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                                                              Waiver of Security
                                                            Procedures and Equipment
      24-hour Surveillance
            System
  Barrier and
Means to Control
    Entry
                                          PREPAREDNESS AND
                                             PREVENTION
                                             EQUIREMENT
Equipment
Requirements
*

Aisle Space
Requirements
*
                                        PREVENTIVE PROCEDURES,
                                       STRUCTURES AND EQUIPMENT
t »
IgnlUble
or RMCtlvt

Incompatible
                                            PREVENTION
                                            OF REACTION
                                         IGNITABLE, REACTIVE OC
                                           INCOMPATIBLE
                                             WASTES
* »
IgnHable
or R**ct1vt

Incoi^nttble
Figure II-5.    Subject area  F  - procedures  to  prevent hazards flowchart.

                                              n-9

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                         GENERAL INFORMATION
                              EMERGENCY
                            COORDINATORS
                            IMPLEMENTATION
                              EMERGENCY
                              RESPONSE
                             PROCEDURES
                         EMERGENCY EQUIPMENT
                       COORDINATION AGREEMENTS
                           EVACUATION PLAN
                              REPORTS
Figure 11-6.  Subject area  G -  contingency  plan  flowchart.
                                11-10

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                        OUTLINE
                 Job Titles and Duties
              Training Content,  Frequency
                    and Techniques
                          I
                   Training Director
               Relevance  to Job  Position
                Training for Emergency
                       Response
                          i
                   IMPLEMENTATION OF
                   TRAINING PROGRAM
Figure 11-7.   Subject area  H  -  personnel  training flowchart.
                         11-11

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                               CLOSURE PLAN
                                  ±
                                      ]
                       [Closure Performance Standard |
                          Partial and Final Closure
                               Activities
                                  I
                       [  Maximum Watte Inventory   |
     Will Comply With
   Closure Time Frames
Specified In the Regulations
                                            Extension
                                           for closure
Closure
Fund

Surety
Bond

Closure
Letter
of
Credit

Closure
Insurance

Financial
Test and
Corporate
Guarantee

State
Mechanism
Coirti nation
Sudden
Insurance
i


Adjustment
Procedures
*
Nonsudden
Insurance
I
Figure 11-8.   Subject  area I  - closure  plan flowchart.

                                 11-12

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                      CONSISTENCY WITH
                       OTHER FEDERAL
                            LAWS
                     0  Wild  and Scenic
                       Rivers  Act

                     0  National Historic
                       Preservation Act
                       of 1966

                     0  Endangered
                       Species Act

                     0  Coastal Zone
                       Management Act

                     0  Fish  and Wildlife
                       Coordination Act

                     0  Clean Water Act

                     0  Safe  Drinking
                        Water Act

                     0  Clean Air Act

                     0  Atomic Energy  Act

                     0  Marine Protection,
                        Research and  Sanc-
                        tuary Act
Figure 11-9.   Subject area J  -  other Federal  laws flowchart.
                            11-13

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                           SECTION III

                       COMPLETENESS CHECK


                          Introduction

     When a permit application for an existing facility is

received, it is divided into sections by subject and distributed

to appropriate reviewers, who are required to conduct a complete-

ness check within 60 days.  The completeness checklist included

in this section is designed to allow the permit writer to examine

a permit application and determine whether or not all the re-

quired items have been addressed.

     The left column of the completeness checklist used by the

permit writer contains a description of each of the items re-

quired in the regulations for existing hazardous waste storage

and treatment facilities.  The information is presented in the

same format as a permit application and the decision guide to

simplify cross-referencing between the checklist and the permit

application.*  The columns to the right of the first column

contain designated spaces in which the permit application eval-

uator can check the status of the information elements being
 Applications submitted in a format other than the "suggested
 format" pose a special problem when using the attached check-
 list.  The permit writer should review the application and
 simultaneously locate the corresponding items in the checklist,
 and complete the checklist as appropriate.
                             III-l

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reviewed (e.g., provided, not provided, not applicable).   The
column on the far right of each page allows room for comments by
the permit writer.  This column could be used to identify any
omissions or deviations discovered during the permit application
completeness check.  These omissions and deviations should be
subsequently corrected when the applicant responds to the notice
of deficiency.
     The permit reviewer should review the application to deter-
mine if it provides enough information on the general and spe-
cific requirements of each section to be able to determine
whether or not the facility complies with all applicable regula-
tions.  If enough information is provided, the appropriate boxes
checked, and the page(s) in the application where the informa-
tion appears is indicated in the "Comments" section.   If some
information is supplied, but not enough to satisfy the require-
ments, the box "Provided" is checked, the page(s) in the appli-
cation where the information appears is indicated in the "Com-
ments" section, and a separate set of comments should be written
which addresses the inadequacies of the submittal.  These com-
ments should be attached to the checklist and referenced in the
"Comments" section (e.g., see Comments).  If no information is
provided or the permit requirement is not applicable (e.g., tank
requirements are not applicable to facilities without tanks),
the appropriate boxes should be checked.  It is important to
note when conducting the completeness review that for an infor-
mational requirement listed in the checklist to be considered
                             III-2

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"satisfied", the application must supply data to allow review of
all the specific requirements.  For example,  in reviewing an
application for completeness of the requirement "F-2a Inspection
Schedule," it is necessary for the application to describe the
facility schedule for inspection of monitoring equipment, safety
and emergency equipment, security devices, and operating and
structural equipment.  The schedule must also identify the types
of problems to look for during the inspection and the frequency
of inspection for items on the schedule.  If the application
specifies the equipment to be inspected, and the frequency of
those inspections, but fails to identify the types of problems
to be inspected for, the "Provided" column should be marked, and
a separate set of comments should be written which address this
specific inadequacy.
                             III-3

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                Completeness Checklist
Facility name 	
Facility address
EPA identification number
Type of facility 	
Facility contact 	
Date application received
Date checklist completed
Permit review team
                        III-4

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                                                                                     Facility  Name
                                                                                     EPA  ID Number
                                                     COMPLETENESS CHECKLIST
      A.    PART A APPLICATION
            (40 CFR Sections 122.4(d), 122.24)
      B.    FACILITY DESCRIPTION

            B-l          General description of facility
                         (40 CFR Section 122.25(a ) (1))

            B-2          Submission of a topographic  map
H                        (40 CFR Section 122.25(a)(19))
H
i            B-3          Location Information
01                        (40 CFR Section 122. 25(a) (11))

            B-3a         Seismic Standard  (reserved)
                         (40 CFR Sections  122.25(a)(11) (i )
                         and (ii), 264.18(a))

            B-3b         Documentation which identifies
                         whether facility  is or is not
                         located in a 100-year floodplain
                         (FIA maps or maps developed  with
                         equivalent mapping techniques)
                         (40 CFR Sections  122.25(a)(11)(ill),
                         264.18(b))
                                                                                 Not          Not
                                                                   Provided    provided   applicable     Comments

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                                                                                      Facility Name
                                                                                      EPA ID Number
H
I
      COMPLETENESS CHECKLIST (continued)
B-3b(l)      For facilities located within a
             100-year floodplain, demonstration
             of compliance with 100-year flood-
             plain requirements by either the
             following:
             (40 CFR Sections 122.25(a)(11)(iv),
             264.18(b))

B-3b(l)(a)   Structural or engineering studies
             showing the design of the hazardous
             waste units and floodproofing and
             protection devices at the facility
             and how these will prevent washout
             from the hydrostatic and hydro-
             dynamic forces resulting from a
             100-year flood
             (40 CFR Section 122.25(a)(11)(iv)
             (A) and (B))

             OR

B-3b(l)(b)   Flood Plan detailing procedures for
             removing hazardous waste to safety
             before the facility is flooded
             (40 CFR Section 122.25(a)(11)(iv)(C))

B-3b(2)      For existing facilities not in com-
             pliance with 100-year floodplain re-
             quirements , submission of a compliance
             schedule
             (40 CFR Section 122.25(a)(11)(v)
                                                                   Provided
                                                                      Not
                                                                    provided
    Not
applicable
Comments

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      COMPLETENESS CHECKLIST (continued)
            B-4
             Description of traffic information
             (40 CFR Section 122.25(a ) (10))
                                                                                     Facility Name
                                                                                     EPA ID Number
                                                                   Provided
                                                                     Not
                                                                   provided
    Not
applicable
Comments
      C.
WASTE CHARACTERISTICS
            C-l
H
H
I
            C-2
            C-2a
            C-2b
            C-2c
             For each hazardous waste stored or
             treated, a general description of
             the waste, the hazard characteris-
             tics, the basis for hazard designa-
             tion, and a laboratory report de-
             tailing the chemical and physical
             analyses of representative samples
             (40 CFR Sections 122.25(a)(2),
             264.13(a))

             A copy of the Waste Analysis Plan
             that describes the following:
             (40 CFR Sections 122.25(a)(3),
             264.13(b) and (c))

             List of the parameters chosen for
             analysis and the rationale for their
             selection
             (40 CFR Section 264.13(b)(1))

             Description of the test methods used
             (40 CFR Section 264.13(b)(2)

             Description of the sampling methods
             used
             (40 CFR Section 264.13(b)(3), and
             Part 261, App. I)

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                                                                                    Facility Name
                                                                                    EPA ID Number
i
00
     COMPLETENESS CHECKLIST (continued)
           C-2d         Description of  frequency of  analyses
                        (40 CFR Section 264.13(b)(4))

           C-2e         Description of  inspection of off-
                        site generated  'wastes
                        (40 CFR Section 264.13(c))

           C-2f         Description of  the methods used  to  meet
                        additional  waste analysis requirements
                        necessary for storing  or treating ignit-
                        able,  reactive  or incompatible wastes
                        (40 CFR Sections 264.13(b)(6),
                        264.17)
     D.     PROCESS  INFORMATION

           D-l          Containers

           D-la         Containers with free liquids

           D-la(l)       Primary containment devices:
                        a  description of the dimensions,
                        construction  materials,  liner  speci-
                        fications  (with container  manufac-
                        turer's specifications,  if available),
                        condition  and number of  containers, and
                        demonstration of compatibility of waste
                        with containers
                        (40 CFR Sections 122.25(b)(1)(i)(A),
                        264.171 and 264.172)
                                                                                Not           Not
                                                                  Provided     provided   applicable     Comments

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                                                                                     Facility Name
                                                                                     EPA ID Number
i
VO
      COMPLETENESS  CHECKLIST  (continued)
D-la(2)      Description of container management
             practices (opening, handling, and
             storage procedures) to insure con-
             tainer integrity
             (40 CFR Section 264.173)

D-la(3)      Design and operation specifications
             for secondary containment system in-
             cluding a drawing of all the dt.-sign
             aspects of the containment system
             (40 CFR Sections 122.25(b)(1),
             264.175(b))

D-la(3)(a)   Demonstration of structural integrity
             of base underlying containers, and
            •ability of bases to contain spills,
             leaks, and accumulated precipitation
             (40 CFR Section 264.175(b)(1))

D-la(3)(b)   Description of .how containment sys-
             tem design promotes drainage or how
             containers are kept from contact
             with free standing liquids
             (40 CFR Sections 122.25(b)(1)(i)(B),
             264.175(b)(2))

D-la(3)(c)   Description of containment system
             capacity relative to the number and
             volume of containers to be stored
             (40 CFR Sections 122.25(b)(1)(i)(C),
             264.175(b)(3»
                                                                                 Not          Not
                                                                   Provided     provided   applicable     Comments

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                                                                                     Facility Name
                                                                                     EPA ID Number
i
M
O
     COMPLETENESS CHECKLIST  (continued)
D-la(3)(d)   Description of containment system
             provisions for preventing or manag-
             ing run-on
             (40 CFR Sections 122.25(b)(1)(i}(D),
             264.175(b)(4))

D-la(4)      Description of procedures for detect-
             ing and removing accumulated liquids
             from the containment system in a
             timely manner
             (40 CFR Sections 122.25(b)(1)(i)(E),
             264.175(b)(5))

D-lb         Containers without free liquids

D-lb(l)      Documentation/information showing
             that the wastes do not contain free
             liquids
             (40 CFR Section 122.25(b)(1)(ii)(A))

D-lb(2)      Primary containment devices:  a de-
             scription of the dimensions, construc-
             tion materials, liner specifications
             (with container manufacturer's speci-
             fications, if available), condition
             and number of containers, and demon-
             stration of compatibility of waste
             with containers
             (40 CFR Sections 264.171 and 264.172)
                                                                  Provided
                                                                      Not
                                                                   provided
    Not
applicable
Comments

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                                                                               Facility  Name
                                                                               EPA ID Number
COMPLETENESS CHECKLIST (continued)
      D-lb(3)      Description of container management
                   practices (opening, handling, and
                   storage procedures) to insure con-
                   tainer integrity
                   (40 CFR Section 264.173)

      D-lb(4)      Container storage area drainage system:
                   a description of how design promotes
                   drainage and removal of precipitation
                   or how containers are kept from contact
                   with free standing liquids
                   (40 CFR Sections 122.25(b)(1)(ii)(B),
                   264.175(c)

      D-2          Tanks

      D-2a         References to design standards or
                   other available information used in
                   tank design construction, and infor-
                   mation about tank dimensions, ca-
                   pacity, and shell thickness and other
                   parameters needed to assess conformance
                   with standards
                   (40 CFR Sections 122.25(b)(2), 264.191)

      D-2b         Description of design specifications
                   including identification of construc-
                   tion and lining materials for assess-
                   ment of corrosion and erosion potential
                   (40 CFR Sections 122.25(b)(2)(ii),
                   264.192(a))
                                                                           Not           Not
                                                             Provided    provided   applicable     Comments

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I
M
Is)
      COMPLETENESS CHECKLIST  (continued)
      E.
            D-2c
            D-3

            D-4

            D-5
             Diagrams of piping, instrumentation,
             and process flow, and a description
             of feed systems, safety cut-off, by-
             pass systems, and pressure controls
             (e .g.,  vents)
             (40 CFR Sections 122.25(b)(2)(iv) and
             (v), 264.192(b))

             Waste piles (reserved)

             Surface impoundments (reserved)

             Incinerators (reserved)
GROUND WATER MONITORING PROGRAM (RESERVED)
                                                                                     Facility  Name
                                                                                     EPA  ID  Number
                                                                   Provided
                                                                     Not
                                                                   provided
    Not
applicable
Comments
      F.    PROCEDURES TO PREVENT HAZARDS

            F-l          Security

            F-la         Description of security procedures
                         and equipment:
                         (40 CFR Sections 264.14, 122.25(a)(4))

            F-la(l)      24-hour surveillance system
                         (40 CFR Section 264.14(b)(1))
                         OR

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I
H
Ui
     COMPLETENESS CHECKLIST  (continued)
F-la(2)      Barrier and means to control entry
             (40 CFR Section 264.14(b)(2)(i)
             and (ii))

F-la(3)      Warning signs
             (40 CFR Section 264.14(c))

F-lb         If included, a request for waivers
             that demonstrate an intruder would
             not be injured or cause a RCRA
             violation
             (40 CFR Section 264.14(a))

F-2          Inspection schedule
             (40 CFR Sections 122.25(a)(5),
             264.15)

F-2a         A copy of the general inspection
             schedule for security devices and
             monitoring, safety, emergency,
             operating, and structural equipment
             (40 CFR Sections 264.15(a) and (b),
             264.33)

F-2a(l)      Identification of the types of pro-
             blems to be inspected
             (40 CFR Section 264.15(b)(3))

F-2a(2)      Identification of the frequency of
             inspection
             (40 CFR Section 264.15(b)(4))
                                                                                     Facility Name
                                                                                     EPA ID Number
                                                                  Provided
                                                                      Not
                                                                   provided
    Not
applicable
Comments

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                                                                               Facility Name
                                                                               EPA ID Number
COMPLETENESS CHECKLIST (continued)
      F-2b         A copy of the inspection schedule
                   for specific process requirements

      F-2b(l)      Description of procedures and sched-
                   ule for specific requirements for
                   containers including weekly inspec-
                   tions of containers, container stor-
                   age areas and containment system(s)
                   (40 CFR Section 264.174)

      F-2b(2)      Description of procedures and sched-
                   ule for specific requirements for tanks
             •      including daily inspections of overfill-
                   ing control equipment,  data gathered
                   from monitoring equipment and level of
                   waste in uncovered tanks; weekly in-
                   spections of above ground portion of
                   the tank, and area immediately sur-
                   rounding the tank; and regular inspec-
                   tions as needed to detect cracks, leaks,
                   corrosion, erosion or wall thinning
                   in the tank
                   (40 CFR Section 264.194(a) and (b))

      F-3          Preparedness and prevention
                   requirements
                   (40 CFR Sections 122.25(a)(6),
                   264.32 and 264.35)

      F-3a         Equipment requirements
                   (40 CFR Section 264.32)
                                                                           Not          Not
                                                             Provided    provided   applicable      Comments

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                                                                                    Facility  Name
                                                                                    EPA ID Number
H
H
I
     COMPLETENESS CHECKLIST (continued)
F-3b


F-4




F-4a


F-4b



F-4c


F-4d



F-4e



F-5
Aisle space requirement
(40 CFR Section 264.35)

A description of procedures struc-
tures and equipment used at the
facility to accomplish the following:
(40 CFR Section 122.25(a)(8))

Prevent hazards in unloading operations
(40 CFR Section 122.25(a)(8)(i))

Prevent runoff from hazardous waste
handling areas
(40 CFR Section 122.25(a)(8)(ii))

Prevent contamination of water supplies
(40 CFR Section 122.25(a)(8)(ill))

Mitigate the effects of equipment
failure and power outages
(40 CFR Section 122.25(a)(8)(iv))

Prevent undue exposure of personnel
to hazardous waste
(40 CFR Section 122.25(a)(8)(v))

Prevention of reaction of ignitable,
reactive, or incompatible wastes
                                                                  Provided
                                                                     Not           Not
                                                                   provided    applicable
                                                                                 Comments

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COMPLETENESS CHECKLIST (continued)
      F-5a
      F-5b
      F-5c
      F-5d
Demonstration of the specific precau-
tions used to prevent ignition or re-
action of ignitable or reactive wastes
(40 CFR Sections 122.25(a)(9),
264.17(a) and (c))

Demonstration of the general precau-
tions for handling ignitable or re-
active wastes or mixing incompatible
wastes
(40 CFR Sections 122.25(a)(9),
264.17(b) and (c))

For containers, a detailed descrip-
tion of the facility operating pro-
cedures which demonstrate compliance
with ignitable or reactive waste re-
quirements and compliance with buffer
zone/location/container separation
requirements for ignitable or re-
active waste
(40 CFR Sections 122.25(b)(1)(iii),
264.176)

If incompatible wastes are stored, a
description of the procedures-used
to insure compliance with the regula-
tions for incompatible waste/matr ial
storage in the same container(s)
(40 CFR Sections 122.25(b)(1)(iii),
264.177)
                                                                                Facility Name
                                                                                EPA  ID  Number
                                                             Provided
                                                         Not
                                                       provided
    Not
applicable
Comments

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COMPLETENESS CHECKLIST (continued)
      P-5e
      P-5f
For tanks, a description of opera-
tional procedures for handling and
storage of ignitable or reactive
wastes, including the use of buffer
zones
(40 CFR Sections 122.25(b)(2)(vi),
264.198)

If incompatible wastes are stored,
a description of the procedures used
to insure compliance with the regula-
tions for incompatible waste/material
storage in the same tank(s)
(40 CFR Sections 122.25(b)(2)(vi),
264.199(b))
                                                                               Facility Name
                                                                               EPA  ID  Number
                                                             Provided
                                                        Not
                                                      provided
    Not
applicable
Comments
G.    CONTINGENCY PLAN
      (40 CFR Sections 122.25(a)(7),  264.50 thru 264.56)

      A copy of the contingency plan or amended SPCC plan

      G-l          A general description of the facility

      G-2          A list of emergency coordinator's
                   names and phone numbers
                   (40 CFR Sections 264.52(d), 264.55)
      G-3
A list of criteria for implementation
of the plan
(40 CFR Sections 264.52(a), 264.56(d))

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                                                                                    Facility Name
                                                                                    EPA ID Number
     COMPLETENESS CHECKLIST  (continued)
           G-4          A description of emergency response
                        procedures for spills fires, and ex-
                        plosions
                        (40 CFR Sections 264.52, 264.56,
                        264.171, 264.194(c), 264.255 and 264.258)

           G-5          A description of emergency equipment
                        including location and capabilities
                        (40 CFR Section 264.52(e))

           G-6          A description of coordination ag >e-
                        ments with police and fire depart.-
M                       ments, hospitals, contractors and
Y                       state and local emergency response
H*                       teams
00                       (40 CFR Sections 264.52(c), 264.37)

           G-7          A copy of the evacuation plan
                        (40 CFR Section 264.52(f))

           G-8          A description of provisions for sub-
                        mittal of required reports
                        (40 CFR Section 264.56(j))
     H.    PERSONNEL TRAINING

           Description of the introductory and continuing
           training programs
           (40 CFR Sections 122.25(a)(12), 264.16)
                                                                                Not          Not
                                                                  Provided    provided   applicable     Comments

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COMPLETENESS CHECKLIST (continued)
      H-l
      H-la
An outline of the training program
which should briefly describe:
(40 CFR Section 264.16 (a)(l))

Job titles, duties, and name of each
employee receiving training
(40 CFR Section 264.16(d)(l) and
                                                                               Facility  Name
                                                                               EPA ID Number
                                                             Provided
                                                        Not
                                                      provided
    Not
applicable
Comments
      H-lb
      H-lc
      H-ld
      H-le
      H-2
Content, frequency, and technique
used in both introductory and con-
tinuing training for each employee
(40 CFR Section 264.16 (c) and (d)(3))

Training director's qualifications
(40 CFR Section 264. 16(a) ( 2) )

Relevance of training to job position
(40 CFR Section 264. 16(a) ( 2) )

Training for emergency response
(40 CFR Section 264. 16(a) ( 3) )

Provisions for implementing the
training program
(40 CFR Section 264.16(b) and (d)(4))

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                                                                          Facility Name
                                                                          EPA ID Number
COMPLETENESS CHECKLIST (continued)
                                                                            Not          Not
                                                              Provided    provided   applicable    Comments
I.    CLOSURE PLANS, POST-CLOSURE PLANS AND FINANCIAL REQUIREMENTS
      (40 CFR Sections 122.25(a)(13),  264.110 thru 264.120)

      1-1          A written closure plan submitted
                   with a description of final clos .e
                   activities and how these will be
                   conducted according to the
                   regulations.                               	
                   (40 CFR Sections 122.25(a)(13),
                   264.112)

      I-la         Closure Performance Standard:  A
                   description of how closure minimizes
                   the need for further maintenance and
                   controls and minimizes the release
                   of wastes to the environment.              	
                   (40 CFR Section 264.111)

      I-lb         A description  of partial closure and
                   final closure  activites                    	
                   (40 CFR Section 264.112(a)(1))

      I-lc         A description  of the maximum waste
                   inventory (quantities) in storage
                   and treatment  at any time during the
                   life of the facility                       	
                   (40 CFR Section 264.112(a)(2))

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                                                                                     Facility Name
                                                                                     EPA ID Number
      COMPLETENESS  CHECKLIST (continued)
            I-ld          A description of  procedures  for  inven-
                         tory removal  and  decontamination or
                         disposal  of facility equipment during
                         final closure, and the criteria  to be
                         used for  determining contamination.
                         (40 CFR Section 264.112(a)(3) and
                         264.114)

            I-ld(l)       For storage containers,  a detailed
                         description of how at closure all
                         hazardous waste and hazardous waste
                         residues  will be  removed from the
£                        containment system,  and how  remain-
H                        ing contaminated  containers, liners,
M                        and bases will be decontaminated .
1-1                        or removed
                         (40 CFR Section 264.178)

            I-ld(2)       For storage tanks,  a detailed des-
                         cription  of how at  closure all haz-
                         ardous waste  and  hazardous waste
                         residues  will be  removed from tanks
                         and how the area  will be
                         decontaminated
                         (40 CFR Section 264.197)

            I-le          An estimate of the schedule  of final
                         closure,  including the expected  year
                         of closure and a  milestone chart de-
                         picting the total time required  to
                         close the facility and the time  re-
                         quired for intervening closure
                         activities
                         (40 CFR Section 264.112(a)(4))
                                                                                 Not          Not
                                                                   Provided     provided   applicable     Comments

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                                                                                    Facility  Name
                                                                                    EPA ID Number
     COMPLETENESS CHECKLIST (continued)
           I-lf         In the event a longer period of
                        closure time is needed, provide a
                        request which justifies an exten-
                        sion of closure time
                        (40 CFR Section 264.113(a) and (b))

           1-2          Post-closure (Applicable only for sur-
                        face impoundments, landfills or land
                        treatment disposal facilities)

           1-3          Notice in deed and notice to land
                        authority (Applicable only for sur-
H                       face impoundments, landfills or land
Y                       treatment disposal facilities)
ro
w          1-4          A dated copy of the closure cost
                        estimate
                        (40 CFR Sections 122.25(a)(15),
                        264.142)

           1-5          A completed but unexecuted copy of
                        the financial assurance mechanism
                        or mechanisms for closure (if the
                        facility is in a state which does
                        not have Phase I or Phase II authori-
                        zation, an unexecuted copy should
                        have been submitted by July 6, 1982)
                        (40 CFR Sections 122.25(a)(15),
                        264.143)
                                                                                Not          Not
                                                                  Provided    provided   applicable     Comments

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                                                                               Facility Name
                                                                               EPA ID Number
COMPLETENESS CHECKLIST (continued)
      1-6          A copy of the post-closure cost . iti-
                   mate (Applicable only for surface
                   impoundments, landfills or land
                   treatment disposal facilities)

      1-7          Financial assurance mechanisms for
                   postclosure  (Applicable only for
                   surface impoundments, landfills,
                   or land treatment disposal facilities)

      1-8          Proof of liablity coverage for sud-
                   den accidental occurences; either
                   a certificate of insurance,  pass-
                   ing a financial test or byj combi-
                   nation of the two (if the facility
                   is in a state which does not have
                   Phase I or II-authorization, a signed
                   duplicate original of the policy's
                   hazardous waste facility liability
                   endorsement or certificate of lia-
                   bility insurance should have been
                   submitted by July 15, 1982)
                   (40 CFR Sections 122.25(a)(17),
                   264.147)

      1-9          State Mechanism
                   (40 CFR Sections 122.25(a)(18),
                   264.149, 264.150)
                                                                           Not          Not
                                                             Provided    provided   applicable     Comments

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                                                                               Facility Name
                                                                               EPA  ID  Number
COMPLETENESS CHECKLIST (continued)
      I-9a         If a state-required financial mecha-
                   nism is utilized, submit a copy of
                   the state required financial mecha-
                   nism, and a letter requesting that
                   the state mechanism be acceptable
                   (40 CFR Sections 122.25(a)(18),
                   264.149)

      I-9b         If a state assumes legal responsi-
                   bility for compliance, or the state
                   assures that state funds are avail-
                   able to cover those requirements,
                   submit a copy of a letter from the
                   state describing the state assump-
                   tion of responsibility, together with
                   a letter requesting that the state's
                   assumption of responsibility be con-
                   sidered acceptable.
                   (40 CFR Section 264.150(a))
J.    OTHER FEDERAL LAWS

      Information related to the facility's compliance
      with other federal laws
      (40 CFR Section 122.12)
K.    CERTIFICATION

      Application accompanied by a certification letter
      with required signature
      (40 CFR Section 122.6(a) and (d))
                                                                           Not           Not
                                                             Provided    provided    applicable     Comments

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                           SECTION IV

                 PERMIT WRITER'S DECISION GUIDE


                          Introduction

     The decision guide was developed specifically to assist the

permit writer in evaluation of the technical aspects of a RCRA

Part B application for storage facilities (tanks and containers).

The guide can be used after the completeness checklist evaluation

(Section III) has shown that the permit application is complete.

An outline of the Decision Guide is provided on pages IV-4

through IV-8 as a quick reference to the individual sections of

the Guide.

     The EPA 93-point checklist* served as a starting point for

the development of the decision guide.  Recent regulatory changes

in 40 CFR Section 122.25 and Part 264 and simplification of the

language of the regulations were also employed to develop the

decision guide.  The Permit Writer's Decision Guide serves as an

adjunct to the 93-point checklist, which was contained in the

Administrative Procedures Manual.

     The left side of each page in the decision guide contains a

list of subject requirements and associated key words and phrases
*
  Guidance Manual.  Administrative Procedures for RCRA Permits
  for Hazardous Waste Facilities.  SW-934, U.S. Environmental
  Protection Agency, 1981.
                             IV-1

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Each subject requirement is a summary of the Part B information



requirements specified in 40 CFR Section 122.25.  Also included



in the subject requirement is the information needed to show



compliance with certain technical standards specified in 40 CFR



Part 264.  The regulatory citation on which each subject require-



ment is based is listed in the adjacent column.



     Immediately below each subject requirement are key words or



phrases.   The key words or phrases are descriptive of the infor-



mation found in specific technical references identified in the



third column.  References were assembled from the following



sources:   (1) EPA guidance manuals and EPA technical documents



for permit writers; (2) review of technical journals, (3) a



limited computerized data base literature search of NTIS, DOE,



Energyline, Compendex, and SSIE data bases.



     The key words or phrases and the associated references are



designed to direct the permit writer to the technical informa-



tion which could be used to support the evaluation of a facil-



ity's compliance with the technical standards.  The more than 80



reference sources listed at the end of this manual will also



provide additional information and guidance regarding all aspects



of the technical standards.  For containers and tanks, the EPA



permit guidance manuals provide comprehensive information on the



design characteristics, management practices, secondary contain-



ment system design, hazardous waste compatibility, corrosion



data, inspection methods, contingency plans, and closure require-



ments.  Other references in the list provide specific information
                             IV-2

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on facility security; emergency equipment; personnel protection



equipment; ignitable, reactive, and incompatible wastes; leach-



ate collection; and leachate analysis.  A complete set of these



references will be maintained at the regional EPA offices.



     In addition to the specified technical references, permit



writers can refer to the preambles of the Federal Registers in



which the regulations were issued.  The preambles provide a



general description of the regulations, describe comments received



during the public comment period and EPA's response to the



comments, discuss changes to the regulations, and often provide



interpretations of the regulations and examples of how the



regulations should be applied.  This information may be helpful



to permit writers in reviewing the technical sufficiency of a



permit application.





                         Decision Guide



     This decision guide is used to conduct a technical evalua-



tion of the permit application.  It is arranged by subject



matter and includes the appropriate Federal regulation citation



as well as references that the permit writer may find useful in



evaluating a particular section of the application.
                             IV-3

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                    Outline of Decision Guide
                                                            Page
                                                            No.

A.  PART A APPLICATION                                      IV-9

B.  FACILITY DESCRIPTION                                    IV-9

    B-l  General description                                IV-9
    B-2  Topographic map                                    IV-9
    B-3  Location information                               IV-9
         B-3a  Seismic standard (reserved)                  IV-9
         B-3b  Floodplain standard                          IV-9
            B-3b(l)  Demonstration of compliance            IV-10
               B-3b(l)(a)  Flood proofing and flood
                           protection measures              IV-10
               B-3b(l)(b)  Flood plan                       IV-10
            B-3b(2)  Plan for future compliance with
                     floodplain standard                    IV-10
    B-4  Traffic patterns                                   IV-11

C.  WASTE CHARACTERISTICS                                   IV-11

    C-l  Chemical and physical analyses                     IV-11
    C-2  Waste analysis plan                                IV-11
         C-2a  Parameters and rationale                     IV-11
         C-2b  Test methods                                 IV-11
         C-2c  Sampling methods                             IV-11
         C-2d  Frequency of analyses                        IV-12
         C-2e  Additional requirements for wastes
               generated offsite                            IV-12
         C-2f  Additional requirements for facilities hand-
               ling ignitable, reactive or incompatible
               wastes                                       IV-12

D.  PROCESS INFORMATION                                     IV-12

    D-l  Containers                                         IV-12
         D-la  Containers with free liquids                 IV-12
            D-la(l)  Description of containers              IV-12
            D-la(2)  Container management practices         IV-13
            D-la(3)  Secondary containment system design
                     and operation                          IV-13
               D-la(3)(a)  Requirement for the base to
                           contain liquids                  IV-13
               D-la(3)(b)  Containment system drainage      IV-14
               D-la(3)(c)  Containment system capacity      IV-14
               D-la(3)(d)  Control of run-on                IV-14
            D-la(4)  Removal of liquids from containment
                     system                                 IV-14
                               IV-4

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                                                            Page
                                                            No.

         D-lb  Containers without free liquids              IV-15
            D-lb(l)  Test for free liquids                  IV-15
            D-lb(2)  Description of-containers              IV-15
            D-lb(3)  Container management practices         IV-15
            D-lb(4)  Container storage area drainage        IV-16
    D-2  Tanks                                              IV-16
         D-2a  Description of tanks                         IV-16
         D-2b  Tank corrosion and erosion                   IV-16
         D-2c  Tank management practices                    IV-17
    D-3  Wastes piles (reserved)                            IV-17
    D-4  Surface impoundments (reserved)                    IV-17
    D-5  Incinerators (reserved)                            IV-17

E.  GROUND WATER MONITORING (RESERVED)                      IV-17

F.  PROCEDURES TO PREVENT HAZARDS                           IV-17

    F-l  Security                                           IV-17
         F-la  Security procedures and equipment            IV-17
            F-la(l)  24-hour surveillance system            IV-17
            F-la(2)  Barrier and means to control entry     IV-17
               F-la(2)(a)  Barrier                          IV-18
               F-la(2)(b)  Means to control entry           IV-18
            F-la(3)  Warning signs                          IV-18
         F-lb  Waiver                                       IV-18
            F-lb(l)  Injury to intruder                     IV-18
            F-lb(2)  Violation caused by intruder           IV-18
    F-2  Inspection schedule                                IV-18
         F-2a  General inspection requirements              IV-19
            F-2a(l)  Types of problems                      IV-19
            F-2a(2)  Frequency of inspection                IV-19
         F-2b  Specific process inspection requirements     IV-19
            F-2b(l)  Container inspection                   IV-19
            F-2b(2)  Tank inspection                        IV-20
               F-2b(2)(a)  Tank construction materials      IV-20
               F-2b(2)(b)  Tank surrounding area            IV-20
               F-2b(2)(c)  Tank overfilling control
                           equipment                        IV-20
               F-2b(2)(d)  Tank monitoring data             IV-20
               F-2b(2)(e)  Tank level of waste              IV-20
               F-2b(2)(f)  Tank condition assessment        IV-21
               F-2b(2)(g)  Tank interior inspection         IV-21
            F-2c  Remedial action                           IV-21
            F-2d  Inspection log                            IV-21
    F-3  Preparedness and prevention requirements           IV-21
         F-3a  Equipment requirements                       IV-21
            F-3a(l)  Internal communications                IV-21
            F-3a(2)  External communications                IV-21
            F-3a(3)  Emergency equipment                    IV-21
            F-3a(4)  Water for fire control                 IV-22

                               IV-5

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         F-3b  Aisle space requirement                      IV-22
    F-4  Preventive procedures,  structures,  and equipment   IV-22
         F-4a  Unloading operations                         IV-22
         F-4b  Runoff                                       IV-22
         F-4c  Water supplies                               IV-22
         F-4d  Equipment and power failure                  IV-22
         F-4e  Personnel protection equipment               IV-22
    F-5  Prevention of reaction of ignitable, reactive,  or
         incompatible wastes                                IV-23
         F-5a  Precautions to prevent ignition or reaction
               of ignitable or reactive waste               IV-23
         F-5b  General precautions for handling ignitable
               or reactive waste and mixing of incompatible
               wastes                                       IV-23
         F-5c  Management of ignitable or reactive wastes
               in containers                                IV-23
         F-5d  Management of incompatible wastes in
               containers                                   IV-24
         F-5e  Management of ignitable or reactive wastes
               in tanks                                     IV-24
         F-5f  Management of incompatible wastes in tanks   IV-24

G.  CONTINGENCY PLAN                                        IV-24

    G-l  General information                                IV-25
    G-2  Emergency coordinators                             IV-25
    G-3  Implementation                                     IV-25
    G-4  Emergency response procedures                      IV-25
         G-4a  Notification                                 IV-25
         G-4b  Identification of hazardous materials        IV-25
         G-4c  Assessment                                   IV-25
         G-4d  Control procedures                           IV-25
         G-4e  Prevention of recurrence or spread of fires,
               explosions, or releases                      IV-26
         G-4f  Storage and treatment of released material   IV-26
         G-4g  Incompatible waste                           IV-26
         G-4h  Post-emergency equipment maintenance         IV-26
         G-4i  Container spills and leakage                 IV-26
         G-4j  Tank spills and leakage                      IV-27
    G-5  Emergency equipment                                IV-27
    G-6  Coordination agreements                            IV-27
    G-7  Evacuation plan                                    IV-27
    G-8  Required reports                                   IV-27

H.  PERSONNEL TRAINING                                      IV-28

    H-l  Outline of training program                        IV-28
         H-la  Job titles and duties                        IV-28
         H-lb  Training content, frequency,  and techniques  IV-28


                               IV-6

-------
         H-lc  Training director                            IV-28
         H-ld  Relevance of training to job position        IV-28
         H-le  Training for emergency response              IV-28
            H-le(l)  Procedures for using,  inspecting,
                     repairing, and replacing facility
                     emergency and monitoring equipment     IV-29
            H-le(2)  Key parameters for automatic waste
                     feed cutoff systems                    IV-29
            H-le(3)  Communications or alarm systems        IV-29
            H-le(4)  Response to fires                      IV-29
            H-le(5)  Response to groundwater contamination
                     incidents                              IV-29
            H-le(6)  Shutdown of operations                 IV-29
    H-2  implementation of training program                 IV-29

I.   CLOSURE PLANS,  POST-CLOSURE PLANS AND FINANCIAL REQUIRE-
    MENTS                                                   IV-29

    1-1  Closure plans                                      IV-29
         I-la  Closure performance standard                 IV-29
         I-lb  Partial and final closure activities         IV-29
         I-lc  Maximum waste inventory                      IV-30
         I-Id  Inventory removal,  disposal or decontamina-
               tion of equipment                            IV-30
            I-ld(l)  Closure of containers                  IV-30
            I-ld(2)  Closure of tanks                       IV-30
         I-le  Schedule for closure                         IV-30
         I-lf  Extensions for closure time                  IV-30
    1-2  Post-closure plans*                                IV-31
    1-3  Notice in deed and notice to local land authority* IV-31
    1-4  Closure cost estimate                              IV-31
    1-5  Financial assurance mechanism for closure          IV-31
         I-5a  Closure trust fund                           IV-31
         I-5b  Surety bond                                  IV-31
            I-5b(l)  Surety bond guaranteeing payment into
                     a closure fund                         IV-31
            I-5b(2)  Surety bond guaranteeing performance
                     of closure                             IV-31
         I-5c  Closure letter of credit                     IV-32
         I-5d  Closure insurance                            IV-32
         I-5e  Financial test and corporate guarantee       IV-32
         I-5f  Combinations                                 IV-32
            I-5f(l)  Use of multiple financial mechanisms   IV-32
            I-5f(2)  Use of financial mechanism for multiple
                     facilities                             IV-32
    1-6  Post-closure cost estimate*                        IV-33
    1-7  Financial assurance mechanism for post-closure*    IV-33
    1-8  Liability requirements                             IV-33
         I-8a  Sudden insurance                             IV-33
         I-8b  Non-sudden insurance**                       IV-33
 * These items apply only to disposal facilities.
** Required for surface impoundments, landfills,  or land treatment
   facilities.
                               IV-7

-------
         I-8c  Financial test                               IV-33
         I-8d  Variance procedures                          IV-34
         I-8e  Adjustment procedures                        IV-34
    1-9  State mechanisms                                   IV-34
         I-9a  Use of state-required mechanisms             IV-34
         I-9b  State assumption of responsibility           IV-34

J.  OTHER FEDERAL LAWS                                      IV-35

K.  CERTIFICATION                                           IV-35
                               IV-8

-------
        DECISION  GUIDE
        (Facility Description)
          SUBJtCT REQUIREMENT
                                                                                                    40 CFR
                                                                                                 SECTION NQS.
                                                                                                                                  REFERENCES
 I
IO
         A.  PART A APPLICATION
B.  FACILITY DESCRIPTION

    B-l  General  Description

         A general  description of the facility.  Including  the nature of the business.
         Offsite  facilities should Identify the  types  of Industry served; onsite
         facilities should briefly describe the  process(es)  involved in the genera-
         tion of  hazardous waste.

         Key words  or phrases:
         Nature of  business
         Standard industrial classification (SIC code)

    8-2  Topographic Hap

         A topographic nap showing the facility  and a  distance of 1000 feet around
         It, at a scale of 1 inch equal to not More than 200 feet.  Map must include:
         contours sufficient to show surface water flow around facility unit
         operations, nap date, 100-year floodplain area, surface waters, surrounding
         land uses,  a wind rose, map orientation, and  legal boundaries of facility
         site.  The nap should also indicate location  of access control, injection
         and withdrawal wells, buildings, structures,  sewers, loading and unloading
         areas, fire control facilities, flood control or  drainage barriers, runoff
         control  systems, and location of hazardous waste  operation units.

         Key words  or phrases:
         100-year floodplain area
                  Land uses
                  Wind rose

             B-3  Location Information

                  B-3a  Seismic  Standard (Reserved)

                        Not applicable to existing facilities nor new facilities  located
                        east of  the  front range of the Rocky Mountains

                  B-3b  Floodplain Standard

                        Documentation of whether or not the facility 1s located within a
                        100-year floodplain, that includes the source of data  (Federal
                        Insurance Administration Map or other maps and calculations).

                        Key words or phrases:
                        Identifying  100-year flood or floodplain
                        Federal  Insurance Administration flood map
                        Other maps or  information
                                                                                               122.6(a)  and  (b)
                                                                                               122.4(d)
                                                                                               122.24
                                                                                              122.25(a)(l)
                                                                                                                     Refs. SS. 64
                                                                                                                     Ref. 64
                                                                                               122.25(a)(19)
Ref.  17; Ref.  58, Part 1,  Ch.  1,  Sec.  5.4.
 Soil Conservation Service State  Conserva-
 tionists, U.S.  Geological Survey District
 offices; Ref.  78; Ref.  79;
 Ref. 78; Ref.  17
Ref.  18, Ch.  15.1.10;  Ref.  83;  Ref.  84;
Ref.  68; Ref.  80, Ch.  12,  Sec.  II.8.2
                                                                                     122.25(a)(ll)
                                                                                      and (ii)
                                                                                     264.18(a)
                                                                                     122.25(a)(ll)(iH)
                                                                                     264.18(b)
                                                                                                           Ref. 9; Ref.  14; Ref.  58, Part 1
                                                                                                           Ref. 58. Part 1. Sec.  2.1; Ref.  85
                                                                                                           Ref. 7; Ref.  58. Part 1. Sec.  2.2;
                                                                                                            Ref. 78; Ref.  79; Ref.  85
         (continued)

-------
DECISION GUIDE  (continued)
(Facility  Description)
 SUBJtCT REOUIREMEMT
                                                                                           40 CFR
                                                                                        SECTION NOS.
                                                                                                                         REFERENCES
                U.S.  Army  Corp of Engineers
                Soil  Conservation Service
                U.S.  Geological Survey

                Napping  techniques (Independent analysis)

                B-3b(l)  Demonstration of Compliance
                        For  facilities located within the  100-year floodplaln, a
                        description of how the facility  Is  designed, constructed,
                        operated, and Maintained to prevent washout of any hazardous
                        waste during a flood.   Either of the  following nay be used:

                        B-3b(l)(a)  Flood Proofing and Flood  Protection Measures
                                    A structural or other  engineering study showing
                                    how design of the tanks or containers and the
                                    flood proofing and protection devices at the
                                    facility can withstand the hydrostatic and
                                    hydrodynamic forces  resulting from a 100 year-
                                    flood.

                                    Key words or phrases:
                                    Flooding factors (e.g., wave action)
                                    Washout
                                    Washout prevention
                                    Hydrodynamic and hydrostatic forces
                                    Flood protection (e.g., floodwalls, dikes, etc.)

                                    Operational  units (e.g.,  tanks, incinerators,
                                     etc.)
                        B-3b(l)(b)  Flood Plan
                                    Description of  the procedures to be followed to
                                    remove hazardous waste to safety before the
                                    facility is flooded,  including timing related to
                                    flood levels, estimated time to move the waste,
                                    the location to which the waste will be moved,
                                    demonstration that those facilities will be
                                    eligible to receive hazardous waste, the planned
                                    procedures, equipment, and personnel to be used,
                                    and the potential for accidental discharge of the
                                    waste during movement.

                                    Key words or phrases
                                    Types of floods
                                    Rates of rise and fall
                                    Advance warning

               B-3b(2)  Plan for Future Compliance  With Floodplaln Standard
                        For facilities located within the 100-year floodplaln that do
                        not comply with the floodplain standard, a plan showing how
                        and when the facility will  be brought into compliance.
122.25(a)(H)(1v)
264.18(b)
122.25(a)(ll)(iv)
 (A) and (B)
122.25(a)(ll)(1v)
 (C)
122.25(a)(ll)(v)
                      Ref.  58,  Part 1. Sec. 2.2
                      Ref.  58.  Part 1. Sec. 2.2
                      Ref.  58.  Part 1. Sec. 2.2; Ref. 83;
                       Ref.  84
                      Ref.  58.  Part 1, Sec. 2.3
Ref.  22; Ref. 23; Ref. 63; Ref. 72;
 Ref.  74
                      Ref.  58.  Part 1. Sec. 3.3
                      Ref.  7;  Ref.  58, Part 1
                      Ref.  7;  Ref.  58, Part 1. Sec. 4.0
                      Ref.  58.  Part 1. Sec. 4.2; Ref. 69
                      Ref.  7,  Ref.  58. Part 1, Sec. 4.3; Ref. 6Z;
                       Ref.  75; Ref.  76; Ref. 77
                      Ref.  29;  Ref. 30; Ref. 32; Ref. 33;
                       Ref.  34; Ref.  35; Ref. 58, Part 1,
                       Sec.  3.4
                      Ref.  58.  Part 1. Sec. 3.1
                      Ref.  58,  Part 1, Sec. 3.3.4
                      Ref.  58.  Part 1, Sec. 3.3.5
(continued)

-------
DECISION GUIDE (continued)
(Facility Description; Waste Characteristics)
SUBJECT REQUIREMENT
B-4 Traffic Information
A description of the traffic pattern, Including estimated volume, traffic
control, access road surfacing, load-bearing capacity and, traffic control
signals.
Key words or phrases:
Load-bearing capacity
C. HASTE CHARACTERISTICS
C-l Chemical and Physical Analyse*
For each hazardous waste stored or treated at the facility, a general
description of the waste, the hazardous characteristics, the basis for
hazardous designation, and a laboratory report detailing the chemical
and physical analyses of representative samples.
Key words or phrases:
Hazardous properties of waste
Basis for hazard characterization
C-2 Haste Analysis Plan
A copy of the Waste Analysis Plan that describes the methodologies for con-
ducting the analyses required to properly treat, store, or dispose of haz-
ardous wastes.
C-2a Parameters and Rationale
A list of parameters chosen for analysis and an explanation of the
rationale for their selection.
C-2b Test Methods
A description of the test methods used to test for parameters chosen.
Key words or phrases:
Extraction procedure toxiclty
Ignitability
Corrosivlty
Reactivity
C-2c Sampling Methods
A list of the sampling methods used to obtain a representative sample
of each waste to be analyzed.
Key words or phrases:
Sampling equipment (trier, auger, Collwasa, weighted bottle, dipper.
thief, scoop, and shovel)
Sampling procedures
Containers
40 CFR
SECTION NOS.
122.25(a)(10)
122.25(a)(2)
264.13(a)
122.25(a)(3)
264.13(b) and (c)
264.13(b)(l)
264.13(b)(2)
264.13(b)(3)
261, App. I
REFERENCES
Ref. 36, ACI 347-78, Ch. 2.2
Ref. 28; Ref. 65; Ref. 66
§261. App. VII and Subpart C
Ref. 10, Sec. 7.4.2
40 CFR 261. App. II; Ref. 24. Ch. 1 Sec. 3.8
Ref. 6; Ref. 24, Ch. 1. Sec. 3.6
Ref. 6; Ref. 24. Ch. 1. Sec. 3.4
Ref. 6; Ref. 24. Ch. 1. Sec. 3.3
Ref. 6, Sec. 3; 40 CFR 261. App. I; Ref. 10.
Sec. 7.2.3; Ref. 18. Ch. 9.5; Ref. 21. Ch. V;
Ref. 24. Ch. 1. Sec. 4.0; Ref. 42: Ref. 60.
Part III; Ref. 10, Sec. 7.2.3
Ref. 6, Sec. 3. pp. 3.2.1 to 3.2.19,
Ref. 81. Sec. 6.4.1
Ref. 81. Sec. 6.4.1
Ref. 6. p. 3.2.20
 (continued)

-------
           DECISION  GUIDE  (continued)
           (Waste  Characteristics)
           SUBJECT REQUIREMENT
                                                                                                     40 CFR
                                                                                                  SECTION NOS.
                                                                                                                                   REFERENCES
 I
ro
                          Sampling a drum
                          Sampling a barrel, fiber drum, can, bags, or sacs,  containing powder
                          or granular waste

                    C-2d  Frequency of Analyses

                          A description of the frequency at which the analyses  will be repeated.

                          Key words or phrases:
                          Representative sample

                    C-2e  Additional Requirements  for Wastes Generated Offslte
                         A description of the procedures used to Inspect and/or  analyze wastes
                         generated offslte that Includes procedures to determine their
                         identity and sampling methods used.  In addition,  the waste analyses
                         that hazardous waste generators have agreed to supply should be
                         specified.

                         Key words or phrases:
                         Analyses supplied by offslte generators
                         Sampling method for wastes generated offslte
                    C-2f  Additional Requirements  for Facilities Handling Ignlt-
                         able Reactive or Incompatible Wastes

                         If the facility stores or treats ignltable, reactive  or  incompatible
                         wastes, a description of methods which will be used to meet the addi-
                         tional waste analysis requirements necessary for complying with the
                         regulatory requirements  specified in F-5(a) through (h).
                      Ref. 42, p.  36
                      Ref. 42, p.  37
264.13(b)(4)
264.13(b)(5)
264.13(c)
                      Ref. 6, Sec. 1, pp.  3 thru 11
264.13(b)(6)
264.17
40 CFR 261, App.  1; Ref.  10.  Sec.  4.2.3;
 Ref. 18, Ch.  9.5; Ref.  21, Ch.  V; Ref. 24,
 Ch.  1. Sec.  4.0; Ref.  42;  Ref.  52,  Sec.  3.3;
 Ref. 60, Part III

Ref.  24, Ch.  1. Sees.  2.2.1.  2.2.3
           D.   PROCESS INFORMATION

               D-l  Containers
                   0-la  Containers With Free  Liquids

                         O-la(l)  Description  of Containers
                                  A description of the facility's primary containment devices
                                  that includes the dimensions, construction materials, liner
                                  specifications, condition and number of containers, and
                                  demonstration of compatibility of waste with containers.

                                  Key words  or phrases:
                                  Types of containers
                                  Coating and  linings
                                  Container  specifications

                                  Advantages and disadvantages of different types of
                                   containers
264.171
264.172
                      Ref.  2. Ch.  3; Ref.  26. Sec.  II
                      Ref.  2, Ch.  3, Sec.  2
                      Ref.  2, Ch.  3, Sec.  4; Ref.  26.
                       Sec.  Ill
                      Ref.  2. Ch.  3. Sec.  5
            (continued)

-------
       DECISION GUIDE (continued)
       (Process Information - Containers)
SMJECT REQUIREMENT
Containers for storing flammable and combustible liquids
Determining compatibility of wastes
Specific examples of how to determine compatibility
Binary comparison of chemical constituents
Trial mixing of waste
Determining of compatibility of the waste with the contain-
ment structure
Corrosion of metals
Protection against corrosion
Properties of materials
Corrosion data survey
Corrosion properties tables
Corrosion Inspection (containers)
D-la(2) Container Management Practices
A description of container management practices used to
ensure that hazardous waste containers are always kept closed
during storage, except when adding or removing waste, and
that hazardous waste containers are not opened, handled, or
stored In a manner that may cause them to rupture or to leak.
Key words or phrases:
Management of containers
Storage practices
Condition of containers
Recovery and reuse of containers

Climatic effects
Container markings
Container dating
D-la(3) Secondary Containment System Design and Operation
A description of the design and operation of the container
storage area containment system showing capability of system
to hold spills, leaks, and precipitation. This secondary
containment system must have the following documented charac-
teristics:
0-la(3)(a) Requirement for the Base to Contain Liquids
The base under the containers must be free of
cracks or gaps and sufficiently impervious to
contain leaks, spills, and accumulated precipita-
tion until the collected material is detected and
removed.
Key words or phrases:
Adequacy of the containment system
Construction and characteristics of base
materials
Potential for waste migration through the base
Potential hydraulic impact on the base from
loads of waste
Foundation base and liners
40 CFR
SECTION NOS.













264.173














122.25(b)(l)
264.175(b)




264.175(b)(l)













REFERENCES
Ref.
Ref.
Ref.
Ref.
Ref.
Ref.

Ref.
Ref.
Ref.
Ref.
Ref.
Ref.







Ref.
Ref.
Ref.
Ref.
PP.
Ref.
Ref.
Ref.













Ref.
Ref.

Sec.
Ref.

Ref.
2,
1,
27
1,
1.
1,

1,
1,
1,
1,
1.
2,







2,
2,
2,
2,
9,
2,
2,
2,













2,
11

2,
11

15
Ch. 3,
Ch. 2
, Sec.
Ch. 2,
Ch. 2,
Ch. 3;

Ch. 3,
Ch. 3,
Ch. 3,
App. 1
App. 2
Ch. 5,







Ch. 4
Ch. 4,
Ch. 4,
Ch. 4,
15-16
Ch. 4,
Ch. 4,
Ch. 4,













Ch. «,
. App.

Ch. 4,
, Ch. 1

, Ch. 3
Sec.

4
Sec.
Sec.
Ref.

Sec.
Sec.
Sec.


Sec.








Sec.
Sec.
Sec.

Sec.
Sec.
Sec.













Sec.
IX

Sec.
. Ch.

.2.1;
G


II
III
2. Ch. 3

II
III; Ref. 2. Ch. 3,
IV


A








B
C.I
C.5; Ref. 40,

C.I
C.2
C.3













G


G; Ref. 11. Sec. 4.4
3-6, 8

Ref. 88, pp. 29-61
I
co
        (continued)

-------
DECISION  GUIDE  (continued)
(Process  Information  - Containers)
 SUBJECT RCTUIRtMEHT
                                                                                          40 CFR
                                                                                       SECTION NOS.
                                                                                                                        REFERENCES
                        D-la{3)(b)  Containment System Drainage
                                   The base must be  sloped or the containment
                                   system must be otherwise designed and operated to
                                   drain and remove  liquids resulting from leaks,
                                   spills, or precipitation, unless the containers
                                   are elevated or are otherwise protected from
                                   contact with accumulated liquids.

                                   Key words or phrases:
                                   Drainage system
                                   Grading of base
                                   Container storage practice
                                   Stacking in pallets
                                   Stacking on plywood sheets
                                   Racks

                        D-la(3)(c)  Containment System Capacity
                                   The containment system must have sufficient
                                   capacity to contain 10* of the volume of con-
                                   tainers or the volume of the largest container,
                                   whichever is greater.

                                   Key words or phrases:
                                   Containment structure capacity
                                   Capacity of accumulated liquid removal  syste*
                                   Capacity of run-off collection system
                                   Geographic storm  Intensity/frequency data

                        0-laO)(d)  Control of Run-en
                                   Run-on Into the containment system must be pre-
                                   vented, unless the collection system has suffi-
                                   cient excess capacity in addition to that
                                   required in the above paragraph to contain any
                                   run-on that might enter the system.

                                   Key words or phrases:
                                   Containment system auxiliary structures
                                   Construction of curbs
                                   Construction of dikes
                                   Construction of ditches
                                   Construction of trenches
                                   Construction of berms

               D-la(4)   Removal of liquids from Containment System
                        Spilled or leaked waste and accumulated precipitation must be
                        removed from the sump or collection area in a timely
                        manner to prevent overflow of the containment system.

                        Key words or phrases:
                        Removal of accumulated liquids from the containment syste*

                        Physical and chemical  characteristics of accumulated liquids
                        Sampling methodology
                        Analytical methods
                        Management of accumulated liquid
264.175(b)(2)
                      Ref.  13, Sec.  3, Steps 20-22
                      Ref.  10, Sec.  8.6
                      Ref.  2. Ch.  4, Sec.  8
                      Ref.  2. Ch.  4, Sec.  8-1
                      Ref.  2, Ch.  4, Sec.  B-l
                      Ref.  2. Ch.  4, Sec.  8-2
264.175(b)(3)
                      Ref.  2.  Ch.  4.  Sec.  G
                      Ref.  1O,  Ch.  4
                      Ref.  4.  Ch.  3.  Sec.  E; Ref.  10,  Ch.  4
                      Ref.  13,  Sec. 2,  Step 7
264.175(b)(4)
                      Ref. 2.  Ch.  4.  Sec.  G.5
                      Ref. 4.  Ch.  3,  Sec.  D
                      Ref. 15,  Ch.  4.6
                      Ref. 4.  Ch.  3,  Sec.  0
                      Ref. 4.  Ch.  3,  Sec.  D
                      Ref. 81.  Sec. 8.3.1
264.175(b)(5)
                      Ref. 2,  Ch.  4,  Sec.  G.6;  Ref.  10,
                       Ch. 4;  Ref.  12,  Ch.  4
                      Rtf. 10.  Ch.  3
                      Ref. 6.  Sec.  3
                      Ref. 6,  Sec.  8
                      Ref. ID.  Ch.  4
 (continued)

-------
        DECISION  GUIDE  (continued)
        (Process  Information  -  Containers)
SMJECT NCWIROCNT
0-lb Containers Without Free Liquids
D-lb(l) Test for Free Liquids
For areas that store containers of wastes that do not contain
free liquids, the test procedures and results or other
documentation or Information must show that the wastes do
not contain free liquids.
Key words or phrases:
Test procedures for free liquids
D-lb(2) Description of Container!
A description of the facility primary containment devices
that Includes dimensions, construction materials, liner
specifications, condition and number of containers, and
demonstration of compatibility of waste with containers.
Key words or phrases:
Types of containers
Coatings and linings
Container specifications
Advantages and disadvantages of different types of containers
Containers for storing flammable and combustible liquids
Determining compatibility of wastes
Specific examples of how to determine compatibility
Binary comparison of chemical constituents
Trial mixing of waste
Determining the compatibility of the waste with the
containment structure
Corrosion of metals
Protection against corrosion
Properties of materials
Corrosion data survey
Corrosion properties tables
Corrosion inspection (containers)
D-lb(3) Container Management Practices
A description of container management practices used to
ensure that hazardous waste containers are always kept closed
during storage except when adding or removing waste, and that
hazardous waste containers are not opened, handled, or stored
in a manner that may cause the container to rupture or to
leak.
Key words or phrases:
Management of containers
Storage practices
Condition of containers
Recovery and reuse of containers
Climatic effects
Container markings
Container dating
40 CFR
SECTION NOS.

122.25(b)(l)(1i)(A)






264. 171
264.172





















264. 173














REFERENCES







47






Ref
Ref
Ref
Ref
Ref
Ref
Ref
Ref
Ref
Ref

Ref
Ref
Ref
Ref
Ref
Ref








Ref
Ref
Ref
Ref
Ref
Ref
Ref







Fed.






• 2,
. 2,
- 2.
• 2.
- 2,
. 1,
. 27
. 1,
. 1,
1

- 1.
- 1,
. 1.
- 1.
- 1.
. 2.








. 2.
- 2.
. 2.
• 2,
• 2,
- 2.
- 2.







Reg.






Ch.
Ch.
Ch.
Ch.
Ch.
Ch.
, Sec
Ch.
Ch.
Ch.

Ch.
Ch.
Ch.
App.
App.
Ch.








Ch.
Ch.
Ch.
Ch.
Ch.
Ch.
Ch.







8311,






3; Ref.
3
3; Ref.
3
3
2
. 4
2, Sec.
2, Sec.
3; Ref.

3. Sec.
3. Sec.
3, Sec.
1
2
5, Sec.









. Sec.
. Sec.
, Sec.
, Sec.
, Sec.
. Sec.







(February 25, 1982)






26. Sec. II

26, Sec. Ill




II
III
2. Ch. 3

II
III; Ref. 2. Ch. 3
IV


A









B
C.I
C.5
C.I
C.2
C.3
I

en
        (continued)

-------
            DECISION  GUIDE  (continued)
            (Process  Information  -  Tanks)
           SUBJECT RtQUIRCTEHT
                                                                                                     40 CFR
                                                                                                  SECTION NOS.
                                                                                                                                   REFERENCES
                          0-lb(4)  Container Storage Area Drainage
                                  A description of how the  storage area Is designed or  operated
                                  to drain and remove liquids  unless containers are otherwise
                                  kept from contact with standing liquids.

                                  Key words or phrases:
                                  Drainage system
                                  Grading of base
                                  Container storage practice
                                  Stacking in pallets
                                  Stacking on plywood sheets
                                  Racks
                                                                            264.175(c)
                                                                                                  Ref.  13. Sec. 3. Steps 20-22
                                                                                                  Ref.  10, Sec. 6.6
                                                                                                  Ref.  2, Ch. 4, Sec. B
                                                                                                  Ref.  2, Ch. 4. Sec. B.I
                                                                                                  Ref.  2, Ch. 4, Sec. B.I
                                                                                                  Ref.  2, Ch. 4. Sec. B.2
               D-2  Tanks
 I
_j
cr>
The regulations  specified In 40 CFR Part 264.191 do not apply to facili-
ties that treat  or store hazardous waste in covered underground tanks
that cannot be entered for inspection.

D-2a  Description of Tanks

      A review of tank design specifications to assure that the tanks will
      not collapse or rupture.  The specifications to be reviewed Include
      tank dimensions, shell strength and thickness, capacity, pressure
      controls,  foundation, structural  support, and seams.   References
      should be  made to design standards or other available information
      used in the construction of the tank.

      Key words  or phrases;
      Tank design considerations
      Types of tanks
      Tank construction material
      Tank wall  thickness, lining material
      Tank internal pressure and pressure controls
      Subsurface and foundation construction
      Tank design specifications for steel  tanks

      Tank design specifications for concrete tanks

0-2b  Tank Corrosion and Erosion

      A review of the pertinent characteristics of the tank construction
      material and lining materials to  determine corrosion or erosion
      effects with wastes and other materials (i.e., treatment reagents).

      Key words  or phrases:
      Tank lining and coating material  or other means of protection
      Corrosion  allowances and corrosion and erosion rates
      Tank construction compatibility with waste
                                                                                               122.25(b)(2)
                                                                                               264.191
                                                                                                                     Ref. 3. Ch. 3
                                                                                                                     Ref. 3, App. A
                                                                                                                     Ref. 3, Ch. 3
                                                                                                                     Ref. 3, Ch. 3
                                                                                                                     Ref. 3. Ch. 3; Ref. 31
                                                                                                                     Ref. 3, Ch. 4, Sec. B and App.  C
                                                                                                                     Ref. 29; Ref.  30; Ref.  32; Ref.  33;  Ref. M
                                                                                                                     Ref. 35
                                                                                                                     Ref. 36
                                                                                               122.25(b)(2)(1i)
                                                                                               264.192(a)
                                                                                                                     Ref. 3. Ch. 3
                                                                                                                     Ref. 3. Ch. 3
                                                                                                                     Ref. 1; Ref. 3, Ch.  3
             (continued)

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            DECISION  GUIDE  (continued)
            (Procedures to  Prevent  Hazards)
            SUBJECT REQUIREMENT
                                                                                                     40 CFR
                                                                                                   SECTION NOS.
                                                                                                                                   REFERENCES
<:
 i
         D-2c  Tank Management Practices

               A description of the tank owner's or operator's operating practices
               and controls to prevent overfilling (such as a waste  feed cut-off
               system or by-pass system to a standby tank), and maintenance of suffi-
               cient freeboard to prevent over-topping by wave or wind action or pre-
               cipitation for uncovered tanks.  A diagram of piping,  instrumentation,
               and process flow.

               Key words or phrases:
               Tank ancillary design features
               Tank vapor recovery system
               Tank process flow, instrumentation, and piping                  v
               Tank operating problens associated with In-tank process
               Sufficient freeboard

    D-3  Waste  Piles (Reserved)

    0-4  Surface Impoundments (Reserved)

    0-5  Incinerators (Reserved)

E.   GROUND WATER MONITORING (RESERVED)

r.   PROCEDURES  TO PREVENT HAZARDS
                                                                                                122-.25(b)(2)(iv)
                                                                                                 and (v)
                                                                                                264.192(b)
                                                                                                                     Ref. 3, Ch. 3, Sec. C; App. D. App. E
                                                                                                                     Ref. 3, App. B
                                                                                                                     Ref. 3, Ch. 3. Sec. D
                                                                                                                     Ref. 3, Ch. 5
                                                                                                                     Ref. 3, Ch. 3
                F-l
                     F-la  Security Procedures and  Equipment

                           Unless a waiver Is granted,  the facility Must demonstrate the
                           following:

                           F-l»(l)  24-hour Surveillance System
                                   A 24-hour surveillance system (e.g., television monitoring
                                   or surveillance by  guards or facility personnel) that con-
                                   tinuously monitors  and controls entry onto the active por-
                                   tion of the facility; or

                                   Key words or phrases:
                                   Security systems and procedures

                           F-la(2)  Barrier and Means to Control Entry
                                   F-la(2)(a)  Barrier
                                               An  artificial or natural barrier  (e.g., a
                                               fence In good repair or a fence combined with
                                               a cliff), that completely surrounds the active
                                               portion of the facility; and

                                               Key words or phrases:
                                               Security systems and procedures
                                                                                   264.14
                                                                                   122.25(a)(4)
                                                                                   264.14(b)(l)
                                                                                                         Ref.  49
                                                                                   264.14(b)(2)«)
                                                                                                         Ref.  49; Ref. 61. Sec. 8.9
             (continued)

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              DECISION GUIDE  (continued)
              (Procedures  to  Prevent Hazards)
              SUBJECT
                                                                   40 CFR
                                                                SECTION NOS,
                                                                                                                                     REFERENCES
                            F-la<3)
F-la(2)(b)  Means  to Control Entry
            A means to control entry, at all  tines, through
            the gates or other entrances to the active por-
            tion of the facility (e.g., an attendant, tele-
            vision monitors, locked entrance,  or controlled
            roadway access to the facility).

Warning Signs
The facility wist  have a sign with the legend. "Danger -
Unauthorized Personnel Keep Out," which Must be posted at
each entrance to the active portion of the facility and at
other locations. In sufficient numbers to be seen  from any
approach to this active portion.   The legend must  be written
in English and In  any other language predominant in the area
surrounding the facility and must be legible from  a distance
of at least 25 feet.  Existing signs with a legend other
than "Danger - Unauthorized Personnel Keep Out" may be used
if the legend on the sign Indicates that only authorized
personnel are allowed to enter the active portion, and that
entry onto the active portion can be dangerous.
 I

CO
                      F-lb  Waiver
                            If a waiver  of these requirements Is requested, the owner or operator
                            mist demonstrate the following:

                            F-lb(l)   Injury to Intruder
                                     Physical contact with the waste,  structure, or equipment
                                     within the active portion of the  facility will not injure
                                     unknowing or unauthorized persons or  livestock that nay
                                     enter the active portion of a facility; and

                            F-lb(2)   Violation Caused By Intruder
                                     Disturbance of the waste or equipment by the unknowing or
                                     unauthorized entry of persons or  livestock onto the active
                                     portion of a facility will not cause  a violation of the
                                     requirements of this part.

                                     Key words or phrases for both F-lb(l) and (2):
                                     Nature and extent of hazard potential from wastes
                                     Duration of hazard potential
                                     Equipment and structures to minimize  the potential for an
                                      intruder to cause a spilt; mix incompatible wastes, ignit-
                                      Ible or reactive wastes; damage  containment systems;
                                      damage monitoring systems
                                     Features that prevent contact with waste
                 F-2  Inspection Schedule
                                                                                                  264.14(b)(2)(ii)
264.14(c)
Ref. 81, Sec. 8.9
                                                             264.14(a)
                                                             264.14(a)(l)
                                                             2M.14(a)(2)
                      Ref.  24, Ch.  5. Sees.  2 and 4
                      Ref.  24, Ch.  5, Sees.  3 and 4
                                                                                   Ref.  28.  pp.  331-1106; Ref.  44; Ref.  46
                                                             122.25(a)(5)
                                                             264.15
               (continued)

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DECISION GUIDE  (continued)
(Procedures  to  Prevent Hazards)
 SUBJECT RtqUIREHEtrr
                                                                                            40  CFR
                                                                                         SECTION NOS.
                                                                                                                         REFERENCES
          F-2a  General Inspection Requirements

                A description of the facility  schedule for Inspection of monitoring
                equipment, safety and emergency equipment, security devices,  and
                operating and structural  equipment that are vital  to prevent, detect,
                or respond to environmental  or human health hazards.  (Schedule must
                be kept at the facility.)

                Key words or phrases:
                Monitoring Equipment Examples:
                  Flow and liquid level monitors
                  Leachate monitors
                  Hazardous gas detectors
                Safety and Emergency Equipment Examples:
                  Respirators
                  Communication systems
                  Alarm systems
                  Emergency lighting
                  Smoke detectors
                  Fire protection equipment
                  First aid equipment
                  Decontamination equipment
                Security Devices Examples:
                  Surveillance systems
                  Barriers surrounding facility
                  Locking devices
                Operating and Structural  Equipment Examples:
                  Spill detection devices
                  Spill control and collection equipment
                  F1re and explosion barriers
                  Ventilation equipment

                F-2a(l)  Types of Problems
                        The schedule must Identify the types of problems to  look for
                        during the Inspection.

                F-2a(2)  Frequency of Inspection
                        A description of the  frequency of inspection for 1tem» on
                        the schedule.  The  frequency of Inspection should be based
                        on the rate of possible deterioration of  equipment and the
                        probability of an environmental  or human  health incident if
                        the deterioration,  malfunction,  or operator error goes un-
                        detected between inspections.  (Areas subject to spills,
                        such as loading  and unloading areas, must be Inspected
                        dally when In use.)

          F-2b  Specific Process Inspection  Requirements

                F-2b(l)  Container Inspection
                        Documentation of weekly Inspections of containers, con-
                        tainer storage area and the containment system for
                        deterioration caused  by corrosion or other factors.
264.15(a) and (b)
264.33
                     Ref. 6, Sec.  8;  Ref.  59
                     Ref. 45, Ch.  9
                     Ref. 4«.  Ref.  50.  Ref.  101
                     Ref. 49
                     Ref. 49
                     Ref. 49
                     Ref. 46;  Ref.  99
264.15(b)(3)
264.15(b)(4)
264.174
                     Ref. 2. Ch.  5
  (continued)

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         DECISION GUIDE (continued).
         (Procedures to Prevent Hazards)
SUBJECT REQUIREMENT
Key words or phrases:
Evaluation of an inspection plan Including remedial
procedures
External inspection visual maintenance check for corrosion
of containers
Visual inspection check of the storage area and containment
system
Testing of auxiliary features
Inspection procedures
F-2b(2) Tank Inspection
Documentation of inspection procedures by the facility
owner or operator of the following:
F-2b(2)(a) Tank Construction Materials
The construction materials of the above-ground
portions of the tank to detect corrosion or
erosion and leaking of fixtures and seams
(weekly).
Key words or phrases:
Tank exterior inspection
General inspection procedures
Inspection of prestressed concrete tanks
F-2b(2)(b) Tank Surrounding Area
The area immediately surrounding the tank to
detect obvious signs of leakage (weekly).
F-2b(2)(c) Tank Overfilling Control Equipment
Overfilling control equipment (e.g., waste-
feed cutoff systems and bypass systems) to
ensure good working order (daily).
F-2b(2)(d) Tank Monitoring Data
Data gathered from monitoring equipment (e.g.,
pressure and temperature gauges) where present to
ensure that the tank is operated according to
design specifications (daily).
Key words or phrases:
Example of corrosion monitoring system
F-2b(2)(e) Tank Level of Waste
The level of waste In uncovered tanks to ensure
maintenance of sufficient freeboard to prevent
overtopping by wave or wind action, or by preci-
pitation (daily).
Key words or phrases:
Inspection of ancillary equipment
Sampling a storage tank
40 CFR
SECTION NOS.

264.194(a) and (b)
264.194(a)(4)

264.194(a)(5)
264.194(a)(l)
264.194(a)(2)

264.194(a)(3)

REFERENCES
Ref. 2, Ch. 5, Sec. C
Ref. 2, Ch. 5, Sec. A
Ref. 2, Ch. 5, Sec. 8.1
Ref. 2, Ch. 5, Sec. B.2
Ref. 21, App. G

Ref. 82
Ref. 3, Ch. 4, Sec. B; Ref. 82
Ref. 21. «pp. G; Ref. 82
Ref. 37
Ref. 82
Ref. 82

Ref. 38

Ref. 3. Ch. 4, S«c. 0; Ref. 82
Ref. 42, pp. 38-39
I
no
o
          (continued)

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            DECISION  GUIDE  (continued)
            (Procedures  to  Prevent  Hazards)
            SUBJECT REQUIREMENT
                                                                                                     40 CFR
                                                                                                  SECTION N05.
                                                                                                                                   REFERENCES
                                   F-2b(2)(f)  Tank Condition Assessment
                                              The schedule and procedure  for assessing the
                                              condition of the tank.   Procedure must be
                                              adequate to detect cracks,  leaks, or wall
                                              thinning to less than  sufficient shell strength.

                                              Key words or phrases:
                                              Frequency of inspection
                                              Tank internal inspection

                                   F-2b(2)(g)  Tank Interior Inspection
                                              Documentation of established procedures for
                                              emptying a tank to allow entry and inspection of
                                              the interior to detect corrosion or erosion of
                                              the tank sides and bottom.

                                              Key words or phrases:
                                              Entry of tanks for inspection
                                              Tank internal Inspection
264.194(b)
                      Ref.  3,  Ch.  4, Sec.  E; Ref.  82
                      Ref.  3.  Ch.  4, Sec.  C; Ref.  82
264.194(b)
                      Ref.  51, Sec.  1910.94(d)(ll); Ref.  82
                      Ref.  3,  Ch.  4, Sec.  C; Ref.  82
 I
ro
               f-3  Preparedness and Prevention Requirements
                    F-3a  Equipment  Requirements

                          Facilities must be equipped with the equipment listed below.
                          The location, description, and capabilities of this equipment
                          must be provided in the Contingency plan,  section G-5.
                          Requests for a waiver of part or all of  40 CFR 264.32 must be
                          accompanied by a demonstration that none of the hazards posed
                          by waste handled at the facility could require a particular
                          kind of equipment specified below:

                          F-3a(l) Internal Communications
                                  An internal communications or alarm system capable of
                                  providing immediate emergency instruction (voice or signal)
                                  to facility personnel.

                          F-3a(2) External Communications
                                  A device, such as a telephone (Immediately available at the
                                  scene of operations) or a  handheld two~way radio, for summon-
                                  ing emergency assistance from local police departments, fire
                                  departments, or state or local  emergency response teams.

                          F-3a(3) Emergency Equipment
                                  Portable fire extinguishers, fire control equipment
                                  (including special extinguishing  equipment, such as that
                                  using foam. Inert gas,  or  dry chemicals) spill control
                                  equipment, and decontamination  equipment.

                                  Key words or phrases:
                                  Fire control equipment
122.25(a)(6)
264.32
264.35

264.32
264.32(a)
264.32(b)
264.32(c)
                      Rtf.  19;  Ref.  25, Sees.  4-7.  5-5,  6-8. 8-6.
                       9-4;  Ref.  28. Sec.  7;  Ref.  48;  Ref.  50
            (continued)

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           DECISION  GUIDE  (continued)
           (Procedures  to  Prevent  Hazards)
           SUBJECT REOUHtHCTT
                                                                                                     40 CFR
                                                                                                  SECTION NOS.
                                                                                                                                  REFERENCES
 I
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ro
           F-3a(4)  Water for Fire Control
                   Hater at adequate volume and pressure  to  supply water
                   hose streams, foam producing equipment, automatic
                   sprinklers,  or water spray systems.

     F-3b  Aisle Space Requirement

           Facilities mist maintain aisle space to allow the  unob-
           structed movement of  personnel, fire protection equipment,
           or spill control equipment to any area of facility operation
           in an emergency.  Requests for a waiver of 40 CFR  264.35 must
           be accompanied by a demonstration that aisle  space is not
           needed for any of these purposes.

F-4  Preventive Procedures. Structures, and Equipment

     * description of procedures, structures, or equipment used at the facility
     for  the following:

     F-4»  Unloading Operations

           Prevention of hazards In unloading operations (e.g., use of ramps or
           special forkllfts).

           Key words or phrases:
           Handling of hazardous materials

     F-4b  Runoff

           Prevention of runoff  from hazardous waste handling areas to other
           areas of the facility or environment, or prevention of flooding
           (e.g., berms, dikes,  trenches).

     F-4c  Water Supplies

           Prevention of contamination of water supplies.

     F-4d  Equipment and Power Failure

           Mitigation of effects of equipment failure and  power outages.

     F-4e  Personnel Protection  Equipment

           Prevention of undue exposure of personnel to  hazardous waste (e.g.,
           protective clothing).

           Key words or phrases:
           Respirators
           Protective clothing
           General OSHA requirements
           OSHA requirements for eye protection
           OSHA requirements for face protection
           OSHA requirements for foot protection
           OSHA requirements for head protection
                                                                                               264.32(d)
                                                                                               264.35
                                                                                               122.25(a)(8)
                                                                                               122.25(a)(8)(1)
                                                                                               122.25(a)(8)(11)
                                                                                               122.25(a)(8)(111)
                                                                                               122.25(a)(8)(1v)
                                                                                               122.25(a)(8)(v)
Ref.  28,  Sec.  7

Ref.  61;  Ref.  73;  Ref.  81
                                                                                                                     Ref.  45.  Ch.  4-7;  R«f.  51.  Sec.  1910.134
                                                                                                                     Ref.  39.  Ch.  2,  Part 4
                                                                                                                     Ref.  51,  Sec.  1910.132
                                                                                                                     Ref.  51.  Sec.  1910.133
                                                                                                                     Ref.  51,  Sec.  1910.133
                                                                                                                     Ref.  51,  Sec.  1910.132
                                                                                                                     Ref.  51.  Sec.  1910.135
           (continued)

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DECISION  GUIDE  (continued)
(Procedures  to  Prevent  Hazards)
 SHJECT REQUIREMENT
                                                                                           40 CFR
                                                                                        SECTION NOS.
                                                                                                                         REFERENCES
     F-5  Prevention of Reaction of  IgnHable. Reactive, or Incompatible Wastes

         F-5a  Precautions to  Prevent  Ignition or Reaction of Ignltable or Reactive
               Waste

               A description and documentation of the precautions  taken by a facil-
               ity that handles Ignttable or reactive waste to prevent actual Igni-
               tion, Including separation fro* sources of Ignition such as open
               flames, sucking, cutting and welding, hot surfaces,  fractional heat,
               sparks (static,  electrical, or mechanical), spontaneous Ignition
               (e.g., heat producing chemical reactions), and radiant heat.
               Demonstration that when Ignltable or reactive waste Is being handled,
               the owner or operator confines smoking and open flames to specially
               designated locations.   This documentation may be based on references
               to published scientific or engineering literature,  data from trial
               tests, waste analyses,  or the results of similar treatment processes
               and under similar operating conditions.   "No Smoking" signs must be
               conspicuously placed wherever a hazard exists from  ignitable or
               reactive waste.

         F-5b  General Precautions for Handling Ignitable or Reactive Waste and
               Mixing of Incompatible  Waste

               A description and documentation of the precautions  taken by a facil-
               ity that treats,  stores, or disposes of Ignltable or reactive waste,
               or mixes incompatible waste or incompatible wastes  and other mate-
               rials, to prevent reactions which:   (1) generate extreme heat or pres-
               sure, fire or explosions, or violent reactions;  (2)  produce uncon-
               trolled flammable fumes, dusts, or gases in sufficient quantities to
               threaten human  health or the environment; (3) produce uncontrolled
               flammable fumes  or gases in sufficient quantities to pose a risk of
               fire or explosions; (4) damage the structural Integrity of the device
               or facility;  (5)  by similar means threaten human health or the envi-
               ronment.   This documentation may be based on references to published
               scientific or engineering literature, data from trial tests, waste
               analyses, or the  results of similar treatment processes and under
               similar operating conditions.

               Key words or phrases:
               Definition of incompatible waste
               Chemical  reactions

         F-5c  Management of Ignltable or Reactive Wastes In Containers

               Sketches, drawings, or  data demonstrating that containers of
               Ignltable or reactive waste are located at least IS  meters (SO
               feet) from the  facility's property line.

               Key words or phrases:
               Buffer zones
               Container separation
               Flammable and combustible liquids code Information
122.25(a)(9)
264.17(a) and (c)
                      Ref. 20
122.25(a)(9)
264.17(b) and (c)
                      Ref. 20
                      Ref. 1, Ch. 1
                      Ref. 87
264.176
                      Ref. 2, Ch. 4. S«c. F; «ef.  25
                      Ref. 2. Ch. 4. Sec. F; Ref.  25
                      Ref. 25. Ch. 1, Ch. 4
(continued)

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  DECISION  GUIDE  (continued)
  (Procedures  to  Prevent Hazards)
SUBJECT REQUIREMENT
                                                                                                    40 CFR
                                                                                                 SECTION NOS.
                                                                                                                        REFERENCES
                   F-5d  Management of Incompatible Wastes In Containers

                        Description of:   (1)  the procedures used to ensure that  incompa-
                        tible wastes and materials are not placed In the same container
                        (unless 264.17(b) is  complied with) or In an unwashed container
                        that previously held  incompatible waste, and (2) dikes,  berms,
                        walls, or other devices  used to separate wastes in containers,
                        piles, open tanks,  or surface Impoundments.

                        Key words or phrases:
                        Storage requirements  for incompatible waste

                   F-5e  Management of Ignitable  or Reactive Wastes In Tanks

                        A description of the  operational procedures used for storing such
                        wastes In tanks  that  Includes specific information on:   (1) how the
                        waste Is treated, rendered, or mixed before or immediately after
                        placement In the tank  so that it Is no longer considered ignitable
^                      and complies with $264.17(b); or the waste is stored or  treated in
^-.                      such a way that  it  is  protected from any material  or conditions
 I                       that may cause the  waste to react or ignite; or the tank is used
M                      solely for emergencies,  (2) how facilities that treat or store
•**                      ignitable or reactive  waste in covered tanks comply with the
                        National Fire Protection Association's buffer zone requirements
                        for tanks.

                        Key words or phrases:
                        Special requirements  for Ignitable or reactive wastes
                        NFPA buffer zone requirements

                   F-5f  Management of Incompatible Wastes in Tanks

                        A statement that incompatible wastes and materials are not stored
                        in the same tank or in an unwashed tank that previously  held an
                        Incompatible waste  or  material (unless 264.17(b) is complied with).

                        Key words or phrases:
                        Special requirements for Incompatible wastes
                        NFPA buffer zone requirements

         G.  CONTINGENCY PLAN

             A copy of the Contingency Plan or Spill Prevention Control and Counter-measures
             (SPCC) Plan amended for hazardous waste management to describe the  actions
             facility personnel will take in response to fires, explosions, or any unplanned
             sudden or nonsudden release of hazardous waste or hazardous waste constituents
             to air, soil, or surface water at the facility.

             My words or phrases:
             Spill Prevention Control and Counter-measure Plan Amendment
                                                                                    264.177
                                                                                                          Ref. 1
                                                                                    122.25(b)(2)(v1)
                                                                                    264.198
                                                                                                          Ref. 1, Ch. 2; Ref. 5; Ref.  8, Sec.  2.2.1
                                                                                                          Ref. 25, Tables 2-1 thru 2-6
                                                                                    122.25(b)(2)(vi)
                                                                                    264.199(b)
                                                                                                          Ref.  1, Ch.  2; Ref.  5
                                                                                                          Ref.  25, Tables 2-1 thru 2-6
                                                                                    122.25(a)(7)
                                                                                    264.50 thru
                                                                                     264.56
                                                                                    264.52(b)
                                                                                                          Ref.  24, Ch.  2. pp.  2-31, 2-52,  and 2-53
  (continued)

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        DECISION GUIDE (continued)

        (Contingency Plan)
SUBJECT REQUIREMENT
G-l General Information
Facility name and location, operator, site plan, and description of facil-
ity operations.
G-2 Emergency Coordinators
Names, addresses, office and hone phone numbers, and duties of primary
and alternate coordinators and statement of authorization of coordinator
to commit necessary resources to plan.
G-3 Implementation
A description of how and when the contingency plan will be implemented.
Key words or phrases:
Criteria for implementation for spills, fire, and explosions
6-4 Emergency Response Procedures
G-4a Notification
Methodology for 1 mediate notification of facility personnel and
necessary state or local agencies.
G-4b Identification of Hazardous Materials
Procedures for identification of hazardous materials Involved In
the emergency.
G-4c Assessment
Policy for assessment of possible hazards to the environment and
human health and need for evacuation and notification of authori-
ties. The authorities to be notified should Include the on-scene
coordinator for that area or the National Response Center.
Key words or phrases:
Incident characterization
Physical and chemical properties of chemicals Involved In the
emergency ,
Potential hazards of chemicals involved (e.g.. generation of hazard-
ous gases)
Sources of information and response assistance
G-4d Control Procedures
Specific control procedures to be taken In the event of a fire,
explosion, or release.
40 CFR
SECTION NOS.
264.52(d)
264.55
264.52(a)
264.56(a)
264.56(b)
264.56(c>
264.56(d)
264.52(8)
REFERENCES
Ref. 24, Ch. 2, pp. 2-15 thru 2-18.
pp. 2-45 thro 2-46; 38 Fed. Reg. 34165,
(December 11, 1973)
Ref. 24, Ch. 2. pp. 2-18, pp. 2-46
Ref. 24, Ch. 2. pp. 2-18, 2-19. and
2-46 thru 2-49
Ref. 47. pp. 23-26
Ref. 24, Ch. 2. pp. 2-23. 2-48. and 2-49
Ref. 24. Ch. 2. pp. 2-23. 2-24, 2-4«,
and 2-49
Ref. 39, Ch. 1. Part 2
Ref. 28, pp. 331-1106; Ref. 44; Ref. 4«
Ref. 39, Ch. 1. Part 3; Ref. 44;
Ref. 46
Ref. 39, Ch. 1. Part 7, Ref. 47. pp. 26-57
Ref. 10; Ref. 2*. Ch. 2. pp. 2-25. 2-26, 2-48
to 2-50
i
ro
tn
        (continued)

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        DECISION GUIDE (continued)

        (Contingency Plan)
SUBJECT REQUIREMENT
Key words of phrases:
Types of on- site emergency equipment to be used
Spill control and collection
G-4e Prevention of Recurrence or Spread of Fires, Explosions, or Releases
Necessary steps to be taken to ensure that fires, explosions, or
releases do not occur, recur or spread to other hazardous waste at
the facility.
Key words or phrases:
Stopping processes and operations
Collecting and containing released waste
Removing or isolating containers
G-4f Storage and Treatment of Released Material
Provisions for treatment, storage, or disposal of any material that
results from a release, fire, or explosion at the facility.
Key words or phrases:
Treatment methodology
Decontamination
G-4g Incompatible Waste
Provisions for prevention of Incompatible waste from being treated,
stored, or located in the affected areas until cleanup procedures
are completed.
G-4h Post-emergency Equipment Maintenance
Procedures for ensuring that all emergency equipment listed in the
contingency plan is cleaned and fit for Us Intended use before
operations are resumed.
G-41 Container Spills and Leakage
Specification of procedures to be used when responding to container
spills or leakage that includes procedures and timing for expeditous
removal of spilled waste and repair or replacement of the con-
tainer(s).
Key words or phrases:
Steps to take if a container Is not In good condition
Cleanup resource and techniques
Incident mitigation
40 CFR
SECTION NOS.
264.56(e)
264.56(g)
264.56{h)(l)
264.56(h)(2)
264.171
REFERENCES
Ref. 39, Ch. 4, Part 1, pp. 1-8 thru
1-12
Ref. 39, Ch. 4, Parts 2 and 3; Ref. 47,
pp. 87-402
Ref. 24, Ch. 2, 2-24 to 2-25, pp. 2-49
Ref. 47
Ref. 24, Ch. 2. pp. 2-25 thru 2-26.
2-49 thru 2-50
Ref. 39. Ch. 4
Ref. 39, Ch. 3
Ref. 24, Ch. 2. pp. 2-25 thru 2-26. 2-49
thru 2-50
Ref. 24. Ch. 2, pp. 2-25 thru 2-26. 2-49
thru 2-50
Ref. 2, Ch. 4, S«c. C.4
Ref. 39. Ch. 4. Pert 2
Ref. 39, Ch. 4, Part 3
ro
er>
       (continued)

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             DECISION GUIDE  (continued)
             (Contingency Plan)
             SUBJECT REQUIREMENT
                                                                                                      40 CFR
                                                                                                    SECTION NOS.
                                                                                                                                    REFERENCES
                      G-4J  Tank Spills and Leakage

                           Documentation of the procedures to be used by the  facility owner or
                           operator to respond to tank spills or leakage that Includes proce-
                           dures and lining for expeditious removal of leaked or spilled waste
                           and repair of the tank.

                           Key words or phrases:
                           Response to leaks and spills
                           Cleanup resources and techniques
                           Incident mitigation
                           Dikes

                 6-5   Emergency Equipment

                      Location, description, and capabilities of emergency equipment.
 I
no
                                                                           264.194(c)
                                                                           264.52(e)
                     Key
                     SpiT
    words or phrases:
Spill control  and collection equipment
General  emergency equipment
                     Fire control equipment
                     Respirators
                     Protective clothing

                6-6  Coordination Agreements

                     A description of coordination agreement with local  police and fire
                     departments, hospitals, contractors, and state and  local emergency
                     response teams to familiarize them with the facility and actions
                     needed In case of emergency.  Documentation of refusal  to enter into
                     a coordination agreement.

                6-7  Evacuation Plan

                     A description of signal(s)  to be used to begin evacuation, and planned
                     and alternate evacuation  routes.

                     Key words or phrases:
                     Criteria and signals  to begin evacuation
                     Planned and alternate evacuation routes

                C-8  Required Reports

                     Provisions for submission of reports of emergency Incidents within IS
                     days of occurrence, and maintenance of records identifying the time,
                     date, and details of  an emergency incident.
                                                                           264.52(c)
                                                                           264.37
                                                                           264.52(f)
                                                                                                 Ref.  3. Ch. 4. Sec.  F
                                                                                                 Ref.  39, Ch.  4, Part 2
                                                                                                 Ref.  39, Ch.  4, Part 3
                                                                                                 Ref.  25. Sec. 2.0  thru 2.33
Ref.  47
Ref.  24, Ch.  2.  pp. 2-27 to 2-30.
 pp.  2-50 to  2-51; Ref. 39, Ch. 4.
 Part 1. pp.  1-8 to 1-12
Ref.  28, Sec.  7; Ref.  48; Ref. 50
Ref.  39, Ch.  2,  Part 3; Ref. 45, Ch.
Ref.  39, Ch.  2,  Part 4

Ref.  24, Ch.  2,  pp. 2-30 to 2-31,
 2-52 to 2-52
                                                                           264.56(J)
Ref.  24.  Ch.  2. pp.  2-32, 2-52
Ref.  24.  Ch.  2. pp.  2-23, 2-52

Ref.  24,  Ch.  2. pp.  2-31. pp.  2-52 to
 2-53
             (continued)

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          DECISION GUIDE (continued)

          (Personnel  Training)
SUBJECT REQUIREMENT
N. PERSONNEL TRAINING
H-l Outline of Training Program
An outline of both the Introductory and continuing training programs by
owners or operators to prepare personnel to operate or maintain the facil-
ity In a safe manner. Include a brief description on how training will
be designed to meet actual job tasks. (Note: on-the-job training may be
used to comply with these requirements.)
H-la Job Titles and Duties
The name, job title, duties, and job description of each employee
whose position at the facility Is related to hazardous waste
management.
H-lb Training Content. Frequency, and Techniques
A description of the content, frequency, and technique used In both
Introductory and continuing training (including an annual review of
the Initial training) for each employee.
Key words or phrases:
Training content, frequency, and techniques
level of training required
Training for personnel safety
Release prevention and response
Decontamination procedures
Facility operation and maintenance
High hazard operations
Maintaining documentation
H-lc Training Director
Demonstration that the program Is directed by a person trained 1n
hazardous waste management.
H-ld Relevance of Training to Job Position
Instruction of facility personnel in hazardous waste management
procedures (Including contingency plan implementation) relevant
to their positions.
H-le Training for Emergency Response
Demonstration that facility personnel are able to respond effective-
ly to emergencies and are familiar with emergency procedures, emer-
gency equipment, and emergency systems.
40 CFR
SECTION NOS.
122.25(a)(12)
264.16
264.16(d)(l)
264.16(d)(2)
264.16(d)(3)
264.16(c)
264.16(a)(2)
?64.16(a)(2)
264.16(a)(3)
REFERENCES
Ref. 16, Sees. 3.1.4, 4.1.2
Ref. 16, Ch. 3, Sees. 3.2 to 3.3
Ref. 16, Ch. 4-5
Ref. 16. Ch. 4, Sees. 4.1.1. 4.1.2.
4.1.4
Ref. 16, Sec. 5.2
Ref. 16, Sec. 5.3
Ref. 16, Sec. 5.4
Ref. 16, Sec. 5.5
Ref. 16. Sec. 5.6
Ref. 16, Sec. 5.7
Ref. 16, Sec. 3.1.6
Ref. 16, Ch. 5
Ref. 16. Sees. 5.3, 5.6
ro
CD
          (continued)

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        DECISION GUIDE (continued)

        (Closure Plans)
SUBJECT REQUIREMENT
H-le(l) Procedures for Using, Inspecting, Repairing, and Replacing
Facility Emergency and Monitoring Equipment
Key words or phrases: \
Respirators M>^V* ** *« W*V *W?
H-le(2) Key Parameters foA Automatic Waste* Feed Cutoff Systems \"S,
V ,
H-le(3) Communications or Alarm Systems
H-le(4) Response to Fires
H-le(5) Response to Groundwater Contamination Incidents
H-le(6) Shutdown of Operations
H-2 Implementation of Training Program
Indication that training has been successfully completed by facility
personnel within 6 months of their employment or assignment to a facility,
or transfer to a new position at a facility, whichever is later. Emplo-
yees hired after the effective date of these regulations must not work
fn unsupervlsed positions until they have completed the training require-
ments. Records documenting that the required training has been given to
and completed by facility personnel must be maintained.
I. Closure Plans, Post-closure Plans and Financial Requirements
1-1 Closure Plans
A copy of the written closure plan consistent with I- la through I-lf
Including an estimate of the maximum Inventory of wastes In storage and
treatment at any time. If changes in operating plans or facility design
affect the closure plan or the expected year of closure changes, a modi-
fication of the closure plan Is needed.
Key words or phrases:
Closure plan amendments
I-la Closure Performance Standard
A description of how closure minimizes the need for post-closure
maintenance and minimizes releases of wastes.
40 CFR
SECTION NOS.
^
SK.
264.16(d)(4)
264.16(b)
122.25(a)(13)
264.110 thru
264. 120
122.25(a)(13)
264.112
264. Ill
REFERENCES
Ref. 16, Sec. 5.3 to 5.5
Ref. 45, Ch. 8-9
Ref. 16, Sees. 5.5.1 to 5.5.4
Ref. 16, Sec. 5.3
Ref. 16, Sees. 5.3. 5.5.6.3; Ref. 28,
Sec. 7
Ref. 16. Sec. 5.3
Ref. 16, Sees. 5.3. 5.5.4
Ref. 16, Sees. 3. 1.5 and 4. 1.6
Ref. 15; Ref. 43; Ref. 53; Ref. 57
Ref. 43. Sees. 2.5, 11.1. 13.2.2;
Ref. 57, Sees. 2.5, 11.1. 13.2.2
Ref. 43, Sees. 2.2.8. 12.2.6;
Ref. 57. Sees. 2.2.8. 12.2.6
ro
vo
        (continued)

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              DECISION GUIDE  (continued)
              (Closure Plans)
              SUBJECT REQUIREMENT
                                                                                                        40 CFR
                                                                                                     SECTION HOS.
                                                                                                                                      REFERENCES
CO
O
I-lb  Partial  and Final Closure Activities

      If partial closure Is anticipated,  a description of how and when the
      facility will be partially closed.  Including an Identification of the
      •axiom  extent of operation after partial  closure.  A description of
      how and  when the facility will finally be  closed.

      Key words or phrases:
      Partial  closure

      Final  closure

I-lc  Maxim*  Waste Inventory

      A description of the maximum inventory of  wastes 1n storage and
      treatment.

I-ld  Inventory Removal. Disposal or Decontamination of Equipment

      A description of how all hazardous  waste Inventory will be removed
      and how  all facility equipment and  structures will be decontaminated
      or disposed of when closure 1s completed.

      I-ld(l)  Closure of Containers
              Show that at closure, all  hazardous waste and hazardous
              waste residue will be removed from the containment system,
              and how remaining containers, liners, bases, and soil con-
              taining or contaminated with hazardous waste or hazardous
              waste residues will be decontaminated or removed.

              Key words and phrases:
              Container removal, recycling
              Site decontamination
              Disposal of contaminated soils
              Facility decontamination
              Drum cleaning
              Drum reconditioning (pesticides)

      I-ld(2)  Closure of Tanks
              Show that at closure, all  hazardous waste and hazardous
              waste residues will be removed from tanks, discharge con-
              trol equipment, and discharge confinement structure, and
              the facility will be decontaminated.

              Key words or phrases:
              Tank cleaning
              Tank closure plan guidance
              Maximum amount of Inventory
              Waste removal from tanks
              Facility decontamination procedures
                                                                                                  264.112(a)(l)
                                                                                                  264.112(a)(2)
                                                                                                  264.112
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DECISION  GUIDE  (continued)
(Closure  Plans)
SUBJECT •tQUIRCTPfT
                                                                                          40 CFR
                                                                                       SECTION NOS.
                                                                                                                        REFERENCES
         I-le   Schedule for Closure

               An estimate of the expected year of closure and schedule for final
               closure including total  tine to close the facility and tine for
               closure activities.   A schedule for closure which shows that all
               hazardous wastes will be treated,  removed off-site or disposed of
               on-stte within 90 days from receipt of final volume of waste, and
               that all closure activities will be completed within 180 days from
               receipt of final volume  of waste.

         I-lf   Extensions for Closure Time

               A petition for a schedule for closure which exceeds the 90 days for
               treatment, removal or disposal of  wastes and/or the 180 days for
               coupletIon of closure activities made to the Regional Administrator.

    1-2   Post-closure Plans (Reserved)

         Applicable only for surface impoundments, landfills, land treatment
         facilities, and waste piles.

    1-3   Notice In Deed and Notice to local  land  Authority (Reserved)

    1-4   Closure Cost Estimate

         A copy of the most recent closure cost estimate, calculated to cover the
         cost of closure when the cost  would be greatest (not including partial
         closure).  The cost must be updated annually using an inflation factor.

         Key words or phrases:
         Annual adjustment for inflation


    1-5   Financial Assurance Mechanism  for Closure

         A copy of the established financial assurance mechanism for facility
         closure.  For facilities in Phase I authorized states, originally
         signed duplicates of executed  instruments are not required until
         the time of permit Issuance, except as required by local state law.
         The mechanism must be one of the following:  I-S(a) through I-5(f).

         I-5a   Closure Trust Fund

               A copy of the closure trust fund agreement with the wording required
               in 264.151(»)(1) and a formal certification of acknowledgment.

               Keywords or phrases:
               Trust fund, grantor,  trustee, beneficiary, trust agreement, pay-In
               period, acknowledgment,  common trust, prudent man standard, securities
264.112(a)(4)
Ref. 43. Sees. 2.2.6,  13.2.1;
 Ref. 57, Sees. 2.2.6,  13.2.1
264.113(a)
264.113(b)
122.25(a)(15)
264.142
122.25(a)(15)
264.143
264.143(a)
264.151(a)(l)
Ref. 54, Sec. 8.0; Ref. 56; Ref. 67;
 Ref. 71; Sec. HH

Ref. 67. Sec. II
                      Ref.  67. Sec. Ill ami Glossary
(continued)

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           DECISION  GUIDE  (continued)
           (Closure  Plans)
            SUBJECT REQUIREHEKT
                                                                                                       40 CFR
                                                                                                    SECTION NOS.
                                                                                                                                     REFERENCES
 I
u>
rvs
I-5b  Surety Bond

      I-5b(l)  Surety Bond Guaranteeing Payment Into a Closure Fund
               A copy of the surety bond with the wording  required in
               264.151(b), a copy of the standby trust fund, and a written
               guarantee that the owner or operator will fund the standby
               fund at  least 60 days before final closure  begins and will
               provide  alternate financial assurance if the bond is
               cancelled.

      I-5b(2)  Surety Bond Guaranteeing Performance of Closure
               A copy of the surety bond with the wording  required In Part
               264.151(c), guaranteeing that the owner or  operator will per-
               form closure according to the closure plan  and the require-
               ments of Subpart G, or that the owner or operator will fund
               the standby trust fund as in l-5b(l).

               Keywords or phrases:
               Surety bonds, principal, surety, obligee, penal sum, rider,
               circular 570, underwriting limitation,  power of attorney,
               collateral, reinsurance, cosurety

I-5c  Closure Letter of Credit

      A copy of the Irrevocable letter of credit with the  wording required
      in 264.1Sl(d) and a copy of the standby trust fund.  The letter of
      credit mist be Issued for a period of at least one year and be for the
      amount of estimated closure.

      Key words or phrases:
      Letter of credit, account party, beneficiary, issuer. Irrevocable,
      automatic extensions, standby trust fund, collateral

I-5d  Closure Insurance

      A noncancellable  assignable Insurance policy for the amount of esti-
      mated closure costs.   The policy must provide that the Insurance
      company will pay  the cost of closure up to the full  amount of the
      policy whenever closure occurs.

      Key words or phrases:
      Certificate of insurance, face amount, premium payments, licensed
      insurer,  surplus  or excess lines Insurance

I-5e  Financial Test and Corporate Guarantee

      Test  based on guarantor firm's most recent annual  audited financial
      statements and taking Into account current adjusted  cost of closure
      and post-closure  care in all facilities not covered  by an alternative
      financial mechanism.   Submit letter from Chief Financial Officer.
      accompanied by Independent auditor's opinion and special report veri-
      fying the letter.
                                                                                                 264.143(b)
                                                                                                 264.151(b)
                                                                                                 264.143(c)
                                                                                                 264.151
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            DECISION GUIDE  (continued)
            (Closure Plans)
             SUBJECT  REQUHEHEKT
                                                                                                       40 CFR
                                                                                                    SECTION NOS.
                                                                                                                                     REFERENCES
 I
CO
CO
           Key words or phrases:
           Corporate guarantee, parent corporation,  Independent auditor, certi-
           fied public accountant, adverse opinion,  disclaimer of opinion,
           qualified opinion, investment grade bond  rating

     I-Sf  Combinations

           I-5f(l)  Use of Multiple Financial Mechanisms
                   A copy of a combination of trust fund agreements, surety
                   bond guaranteeing payment into a closure  trust fund, letters
                   of credit, closure insurance,  or state guarantees which
                   provide financial assurance for  the amount of closure.

           I-5f(2)  Use of Financial Mechanism for Multiple Facilities
                   A copy of a financial assurance  mechanism for more than one
                   facility showing, for each facility, the  EPA 10 number, name,
                   address, and amount of funds for closure  assured by the
                   mechanism.

1-6  Post-closure Cost Estimate (Reserved)

     Applicable only for surface Impoundments, landfills, land treatment
     facilities, and waste piles.

1-7  Financial  Assurance Mechanism for Post-closure  (Reserved)

     Applicable only for surface Impoundments, landfills, land treatment
     facilities, and waste piles.

1-8  Liability  Requirements

     A copy of  the Certificate of Insurance or other documentation which com-
     prises compliance with the liability requirements of 264.147.   Coverage
     is for all  facilities owned and operated and  applies until certification
     for closure Is completed.  For facilities in  Phase I authorized states,
     originally signed duplicates of executed instruments or  certificates of
     Insurance  are not required until the time of  permit issuance,  except as
     required by local state law.

     I-8a  Sudden Insurance

           Coverage Is required in the amount of $1  million per sudden acci-
           dental occurrence with an annual aggregate of $2 million.   Supply
           a Certificate of Insurance or the Hazardous Waste  Facility Liability
           Endorsement.

           Key  words or phrases:
           Sudden accidental occurrence, accidental  occurrence, coverage,
           licensed Insurer, surplus or excess lines Insurance, bodily Injury,
           property damage, legal defense costs
                                                                                                 264.143(9)
                                                                                                 264.143(h)
                                                                                                                       Ref. 67, Sec. VII and Glossary
Ref.  67, Sec. II
Ref. 67, Sec. II
                                                                                                 122.25(a)(17)
                                                                                                 264.147
                                                                                                                       Ref. 70
                                                                                                 264.147(8)
                                                                                                 264.151(1)
                                                                                                 264.15KJ)
                                                                                                                       Ref. 70
            (continued)

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           DECISION  GUIDE  (continued)
           (Closure  Plan)
            SUBJECT REQUIREMENT
                                                                                                       40  CFR
                                                                                                    SECTION NOS.
                                                                                                                                     REFERENCES
 I
co
     I-8b  Honsudden Insurance (Reserved)

           Applicable only for surface Impoundments, landfills or land treatment
           facilities.

     I-8c  Financial Test

           Test based on fIra's Host recent  annual audited financial statements
           and taking Into account the amount of coverage not provided by other
           Insurance or guarantees.   Submit  letter from Chief Financial Officer,
           accompanied by Independent auditor's opinion and special report veri-
           fying the letter.

           Key words or phrases:
           Corporate guarantee, parent corporation. Independent auditor, certi-
           fied public accountant, adverse opinion, disclaimer of opinion,
           qualified opinion. Investment grade bond rating

     I-8d  Variance Procedures

           Regional Administrator may approve reduction In liability coverage
           required, based on an evaluation  of the degree and duration of risks
           and on other technical and engineering Information.

     I-8e  Adjustment Procedures

           Regional Administrator may Increase amounts of liability coverage
           required for any facility or group of facilities, or he may elect
           to Impose nonsudden liability coverage requirements on treatment
           or storage facilities, based on an evaluation of the degree and
           duration of risks as deemed necessary to protect human health and
           the environment.

1-9  State  Mechanisms

     I-9a  Use of State-required Mechanisms

           Where a state has hazardous waste regulations with equivalent or
           greater requirements for financial assurance for closure and post-
           closure care and/or liability, a  copy of the state-required finan-
           cial mechanisms,  including the facility EPA ID number, name,
           address, and amounts of coverage.  Also submit a letter requesting
           that the state-required mechanism be considered acceptable.  If a
           state-required mechanism is acceptable except for the amount of
           funds made available (264.143, 145, and 147), then the owner or
           operator must provide demonstration of additional financial
           assurance mechanisms to equal federal requirements.  The EPA
           Regional Administrator must approve equivalency of any submitted
           state mechanism.

           Key words or phrases:
           Equivalency, availability of funds, coverage
                                                                                                 264.147(f)
                                                                                                 264.151(g)
                                                                                                 264.147(c)
                                                                                                 264.147(d)
                                                                                                                      Ref.  70
                                                                                                                      Ref.  70
                                                                                                                      Ref.  70
                                                                                                 122.25(a)(18)
                                                                                                 264.149
                                                                                                                       Ref. 67.  Sec.  VIII
            (continued)

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             DECISION  GUIDE  (continued)
             (Other  Federal  Laws,  Certification)
              SUBJECT REQUIREMENT
                                                                                                       40 CFR
                                                                                                     SECTION MOS.
                                                                                                                                     REFERENCES
 I
co
en
         I-9b  State Assumption of Responsibility

               If • state assumes legal responsibility for compliance with closure,
               post-closure, or liability requirements or the state assures  that
               state funds are available to cover those requirements, then facility
               Is In compliance and nay Include a copy of a letter from the  state
               describing the state assumption of responsibility and Including the
               facility EPA ID number, name,  address, and amounts of liability
               coverage or funds for closure or post-closure care that are assured
               by the  state.

               Key words or phrases:
               Equivalency, availability of funds, coverage

J.  OTHER FEDERAL LAWS

    Demonstration of compliance with the requirements of applicable Federal  laws
    such as the Wild and Scenic Rivers Act National Historic Preservation Act of
    1966. Endangered Species Act, Coastal  Zone Hanagment Act, Fish and Wildlife
    Coordination  Act.  Clean Water Act, Safe Drinking Water Act, Clean Air Act.
    Atomic Energy Act, and Marine Protection, Research and Santuary Act.

    Key words or  phrases:
    Wild and Scenic  Rivers Act
      Background
      Appl1cabl11ty/procedures
      Assistance  In  compliance
    National Historic  Preservation Act of  1966
      Background
      Applicability
      Procedures
      Assistance  In  compliance
    Endangered Species Act
      Background
      Applicability
      Assistance  In  compliance
      Coastal Zone Management Act

K.  CERTIFICATION

    Applications  mutt be accompanied by a  certification letter as specified  1n
    122.6(d).   The required signatures are as follows:  (1) for a corporation,
    a principal executive officer (at least at the level of vice-president);
    (2) for a partnership or sole proprietorship, a general partner or the
    proprietor, respectively;  (3) for a municipal, state. Federal, or other
    public agency, either a principal executive officer or ranking elected
    official.
                                                                                                  264.150
                                                                                                                       Ref. 67,  Sec. VIII
                                                                                                  122.25(a)(20)
                                                                                                  122.12
                                                                                                                       Ref. 58, Part 2. p. 3-5
                                                                                                                       Ref. 58, Part 2, p. 3-7
                                                                                                                       Ref. 58, Part 2. p. 3-9

                                                                                                                       Ref. 58, Part 2.   . 4-5
                                                                                                                       Ref. 58, Part 2.   . 4-9
                                                                                                                       Ref. 58, Part 2.   . 4-11
                                                                                                                       Ref. 58, Part 2,   . 4-17

                                                                                                                       Ref. 58, Part 2,   . 5-3
                                                                                                                       Ref. 58, Part 2,   . 5-9
                                                                                                                       Ref. 58, Part 2,   . 5-13
                                                                                                                       Ref. 58. Part 1, p. 1-82
                                                                                                  122.6(a) and (d)
              (continued)

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                      LIST OF REFERENCES
      Fred C. Hart Associates.  Hazardous waste compatibility
        (Draft).  An Environmental Protection Agency technical
        resource document.  July 1981.

      Fred C. Hart Associates.  Permit writer's guidance manual
        containers (Draft).  U.S. Environmental Protection
        Agency.  July 1981.

      Fred C. Hart Associates.  Permit guidance manual:   tanks
        (Draft).  U.S. Environmental Protection Agency.   July
        1981-          -
 4.   Fred C. Hart Associates.  Permit writer's guidance manual:
        hazardous waste piles (Draft).  U.S. Environmental
        Protection Agency.  July 1981.

 5.   Vincent, J. R.  A step-by-step approach to development of
        NPDES and RCRA permits.   An Environmental Protection
        Agency Publication EPA-330/1-81-004.  July 1981.

 6.   Office of Solid Waste Management Programs.  Test methods
        for evaluating solid waste.  Physical/chemical methods.
        Environmental Protection Publication SW-846.   Washington,
        U.S. Government Printing Office, 1980.

 7.   Office of Coastal Zone Management.  National Oceanic and
        Atmospheric Administration, Department of Commerce,
        Washington, D.C.

 8.   Permit writer's guidance document for hazardous waste
        incineration (Draft).  U.S. Environmental Protection
        Agency.  July 1981.

 9.   General Facility Standards for Location of Facilities.
        Background document; standards applicable to owners and
        operators of hazardous waste treatment, storage, and
        disposal facilities under RCRA, Subtitle C, Section
        3004.  40 CFR 264, Subpart B, Section 264.18.  December
        30, 1980.

10.   Touhill, Shuckrow and Associates, Inc.  Management of
        hazardous waste leachate.  Environmental Protection
        Publication SW-871.  Washington, U.S. Government Print-
        ing Office, 1980.

                             IV-36

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11.   Matrecon, Inc.  Lining of waste impoundment and disposal
        facilities.  Environmental Protection Publication
        SW-870.  Washington, U.S. Government Printing Office,
        1980.

12.   Geotechnics, Inc.  Landfill and surface impoundment
        performance evaluation.  Environmental Protection
        Publication SW-869.  Washington,  U.S. Government
        Printing Office, 1980.

13.   Lutton, R. J.  Evaluating cover systems for solid and
        hazardous waste.  Environmental Protection Publication
        SW-867.  Washington, U.S. Government Printing Office,
        1980.

14.   Dean, L. F.  Floodplain development pressures and Federal
        programs, Part II:   Methods used by Federal programs to
        reduce floodplain development pressures.   Research
        Group, Inc., Atlanta, Georgia.  EPA Publication
        130/1-79/001B, May 1978.

15.   Acurex Corporation and Metcalf & Eddy, Inc.  Closure of
        hazardous waste surface impoundments.  Environmental
        Protection Publication SW-873.  Washington, U.S.
        Government Printing Office, 1980.

16.   AWARE, Inc., and RECRA Environmental and Health Services.
        RCRA personnel training guidance manual:   for owners/
        operators of hazardous waste management facilities.
        September 1980.

17.   Federal Insurance Administration.  Flood insurance study:
        guidelines and specifications for study contractors.
        Department of Housing and Urban Development, Washington,
        D.C.  1977.

18.   JRB Associates, Inc.   Training manual for hazardous waste
        site investigations.  U.S. Environmental Protection
        Agency.

19.   Tryon, G. H., and G.  P. McKinnon.  Fire Protection Hand-
        book, 13th ed.  National Fire Protection Association.
        1969.

20.   National Fire Protection Association.  Fire Protection
        Guide on Hazardous Materials.  NFPASPP-10.  1978.

21.   Fred C. Hart Associates.  RCRA inspection manual.  July
        8, 1980.

22.   Perry and Chilton.  Chemical Engineers Handbook.  1973.
                             IV-37

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23.   Baumeister, et al.   Mechanical Engineer's Handbook.
        1978.

24.   Office of Solid Waste Management Programs, U.S.  Environmental
        Protection Agency.  Regional
        guidance manual for selected interim status require-
        ments.  Draft.  September 22, 1980.

25.   National Fire Protection Association (NFPA).   Flammable
        and Combustible Liquids Code.  1977.

26.   U.S. Department of Transportation.  Hazardous Materials
        Regulations for Containers.  November 1, 1980.

27.   U.S. Environmental Protection Agency.  A method for
        determining the compatibility of hazardous waste.
        Publication EPA-600/2-80-076.  Cincinnati,  Ohio,  April
        1980.

28.   Sax, N. I.  Dangerous properties of industrial materials.
        Van Nostrand Reinhold Company.  1979.

/9    American Petroleum Institute (API).   Recommended rules
        for design and construction of large, welded,  low-
        pressure storage -tanks.  6th ed. (current through
        Revision 2).  Standard 620.  1978.

30.   American Petroleum Institute.  Welded steel tanks for oil
        storage.  7th ed. Standard 650.

31.   American Petroleum Institute.  Venting atmospheric and
        low-pressure storage tanks.  2n ed. Standard 2000,
        1973.

32.   American Water Works Association.  Standard for Steel
        Tanks - Standpipes, Reservoirs, and Elevated Tanks for
        Water Storage.  D100-79.  Denver,  Colorado, 1979.

33.   American Society of Mechanical Engineers.  Boiler and
        Pressure Vessel Code, Section VIII.  New York, 1974.

34.   Underwriters Laboratories.  Standard for Steel Above-
        ground Tanks for Flammable and Combustible Liquids.
        4th ed.  Publication UL142.  Northbrook, Illinois,
        1972.

35,   American Society for Testing and Materials.  1979 Annual
        book of ASTM standards, steel - structural, reinforcing,
        pressure vessel,  railway, fasteners, Part 4.

36.   American Concrete Institute.  ACI manual of concrete
        practice, Part 2.  ACI 347-78, Ch. 2.2.  1980.


                             IV-38

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37.   Schupack, M.  How to inspect and evaluate prestressed
        concrete tanks.  Public Works, September 1981.
        p. 88-89.

38.   Valach, D., and A. Gaines.  Corrosion monitoring in
        chlorosolvents plant saves over $60,000 per year.
        Chemical Processing, March 1981.  p. 20.

39.   U.S. Environmental Protection Agency Hazardous Response
        Support Division and U.S. Coast Guard.   Hazardous
        Material Incident Response Operations - Training
        Manual.

40.   Earley, D. E.  Source assessment:  Rail tank car,  tank
        truck and drum cleaning - state-of-the-art.  Publica-
        tion EPA-600/2-78-004g.  Cincinnati, Ohio, April 1978.

41.   Staton, W. S., and J. Lamperton.  Pesticide container
        processing in commercial reconditioning facilities.
        Publication EPA/530/SW-534.  November 1976.

42.   California Department of Health Services.  Samples and
        sampling procedures for hazardous waste streams.
        Publication EPA-600/2-80-018.  January 1980.

43.   F.R.T. Corporation.  Draft Guidance for Subpart G
        (closure and post-closure).  U.S. Environmental Pro-
        tection Agency.  October 6, 1980.

44.   Background document - Listing of hazardous wastes.  (40
        CFR 261) Sections 261.31 and 261.32, and its Appendix
        A.  Health and Environmental Effect Profiles.

45.   National Institute of Occupational Health and Safety.  A
        Guide to Industrial Respiratory Protection.  1976.

46.   Weiss, G.  Hazardous chemicals data book, Noyes Data
        Corporation.  1981.

47.   Robinson, J. S.  Hazardous chemical spill cleanup.  Noyes
        Data Corporation.  Park Ridge, New Jersey.  1979.

48.   Fire protection book 70-1 of plant protection manual.
        Plant Engineering.  Technical Publishing Company.
        1981.

49.   Industrial security systems and procedures book 70-2 of
        plant protection manual.  Plant Engineering.  Technical
        Publishing Company.  1980.

50.   Elements of industrial fire control book 70-5 of plant
        protection manual.  Plant Engineering.   Technical
        Publishing Company.  1980.

                             IV-39

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51.   OSHA Standards, 29 CFR 1910.

52.   Monsanto Research Corp.  Engineering handbook for hazard-
        ous waste incineration.  Environmental Protection
        Agency Publication SW-889.  Washington, U.S.  Government
        Printing Office, 1981.

53.   Southwest Research Institute.   Technical resource docu-
        ments - land disposal and other facilities.  Department
        of Special Studies.

54.   International Research & Technology Corporation.   Guidance
        for Subpart H (financial requirements).  Draft.  August
        29, 1980.

55.   Office of Water and Hazardous  Waste.  Application for a
        hazardous waste permit - consolidated permits program.
        EPA Forms 3510-1 and 3510-3.  June 1980.

56.   General Research Corporation.   Guidance for Subpart H
        (financial requirements).  Final draft.  November 1981.

57.   General Research Corp.  Guidance for Subpart G (closure
        and post-closure).  Final draft.  November 1981.

58.   MITRE Corp.  Guidance manual for location standards and
        special environmental areas, Parts 1 and 2.  August 6,
        1981.

59.   Office of Solid Waste Management Programs.  Procedures
        manual for ground water monitoring at solid waste
        disposal facilities.  Environmental Protection Agency
        Publication SW-611.  Washington, D.C.  December 1980.

60.   NEIC, Safety manual for hazardous waste site investi-
        gations.  (Draft).  September 1979.

61.   Huibregtse, K. R., et al.  Manual for the control of
        hazardous material spills.  Volume I, Spill assessment
        and water treatment techniques.  Publication EPA-600/
        2-77-227.  1977.

62.   Corps of Engineers.  Design and construction of retaining
        dikes of containment of dredged material.  EM 1110-2-5008
        October 15, 1980.

63.   Settig, M.  Landfill disposal  of hazardous wastes and
        sludges.  Noyes Data Corporation.  Park Ridge,  New
        Jersey.  1979.

64.   Standard industrial classification manual.  1972 with
        1977 supplement.
                             IV-40

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65.   National Institute for Occupational Safety and Health.
        NIOSH/OSHA Occupational health guidelines for chemical
        hazards.  Publication No. 81-123.  January 1981.

66.   Proctor, N. H.,  and J. P. Hughes.  Chemical hazards of
        the workplace.  1978.

67.   EPA Guidance Manual:  financial assurance for closure and
        post-closure care:  requirements for owners and operators
        of hazardous waste treatment, storage and disposal
        facilities.  EPA Report SW-955.  May 1982.

68.   Department of Commerce, National Oceanic and Atmospheric
        Administration, Environmental Data and Information Ser-
        vice, National Climatic Center, Federal Building,
        Asheville, North Carolina 28801.

69.   Department of the Army.  Flood-proofing regulations.
        EP1165-2-314.   June 1972.

70.   ICF Incorporated.  Liability requirements for closure and
        post-closure care:  requirements for owners and operators
        of hazardous waste treatment, storage and disposal
        facilities.  Draft Guidance.   June 1982.

71.   U.S. Department of Commerce.  Bureau of Economic Analysis.
        Survey of current business.  Vol. 61, No. 8.  August
        1981.

72.   Linsley, R. K.,  and J. B. Franzinc.  Elements of hydraulic
        engineering.  McGraw-Hill Book Company.  New York, New
        York.  1955.

73.   Office of Solid Waste Management Programs.  Hydrologic
        simulation on solid waste disposal sites.  Environ-
        mental Protection Publication SW-868.  September 1980.

74.   Tchobanoglous, G. H., Thiesen,  and R. Eliassen.  Solid
        wastes:  engineering principles and management issues,
        McGraw-Hill, Inc., New York,  New York.  1977.

75.   Department of the Army.  Wall design:  floodwalls.   1948.
        (Note:  new edition should be available in fall of
        1981. )

76.   U.S. Bureau of Reclamation.  Design of small dams.   1973.

77.   Department of the Army.  Design and construction of
        levees.  1978.

78.   Federal Insurance Administration.  The floodway:  a guide
        for community officials.  Number 4 in the community
        assistance series.  Federal Emergency Management Agency.
        September 1979.

                             IV-41

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79.   Water Resources Council.  Guidelines for determining
        flood flow frequency.  Bulletin No. 17A.   Hydrology
        Committee.  Washington, D.C.  1977.

80.   Stern, A. C.  Air pollution, Vol. 1, air pollutants,
        their transformation and transport, 1976.

81.   Office of Solid Waste Management Programs.   Hazardous
        waste land treatment.  Environmental Protection Agency
        Publication SW-874.  September 1980.

82.   National Board of Boiler and Pressure Vessel Inspectors.
        National Board of Inspection Code, A manual for boiler
        and pressure vessel inspectors.  1155 North High Street,
        Columbus, Ohio.  1973.

83.   U.S. Geological Survey, Topographic Maps.  1200 South
        Eads Street, Arlington, Virginia  22202

84.   U.S. Geological Survey, Topographic Maps.  Box 25286
        Federal Center, Denver, Colorado  80225

85.   National Flood Insurance Program.  FIA flood maps.  P.O.
        Box 34294, Bethesda, Maryland  20034

86.   National Fire Protection Association.  Cleaning or safe-
        guarding small tanks and containers.  NFPA327.  1982.

87.   National Fire Protection Association.  Manual of hazardous
        chemical reactions.  NFPA491M.  1975.

88.   Fung, R. (editor).  Protective barriers for containment
        of toxic materials.  Noyes Data Corporation.  Pollution
        Technology Review No. 66.  1980.
                             IV-42

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                  APPENDIX A




CONFIDENTIAL TREATMENT OF BUSINESS INFORMATION
                    A-l

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         CONFIDENTIAL TREATMENT OF BUSINESS INFORMATION


     This section contains a basic overview of EPA's confidential

business information requirements, which are found in 40 CFR

Part 2.  EPA has previously developed a primer on confidential

business information under RCRA; this primer is included on the

following pages.

     There are, however, several requirements not discussed in

the primer of which permit writers should be aware.  These are

discussed in the following paragraphs.

     (a)  Disclosing Confidential Information to State and Local
          Governments

          Once a state has obtained interim authorization for
          any component of Phase II,  EPA will transfer to the
          relevant state agency all permit applications from
          facilities located there.  Before transferring the
          information, EPA must determine that it will be ade-
          quately protected by the state agency, 40 CFR 2.301(h)(3)
          EPA's regulations provide the following two means for
          making this determination:

          0    The state agency provides EPA with a written
               opinion from the agency's chief legal officer or
               counsel stating that the agency has the authority
               to compel a business to disclose confidential
               information to it.

          0    EPA informs the affected business that it intends
               to disclose the information to the state agency,
               and the agency shows to the satisfaction of an
               EPA legal office that its use and disclosure of
               the confidential information will be governed by
               applicable law and procedures which will provide
               adequate protection to the interests of the
               affected business.
                               A-2

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(b)   Special Handling

     The regulations require the  EPA employee who has
     possession of the confidential  business information to
     "take appropriate measures"  to  prevent disclosure 40
     CFR 2.211(b).   Appropriate measures  include the fol-
     lowing:

     0    keeping the information in locked desks,  file
          cabinets or safes

     0    refraining from discussing the  information with
          office mates,  friends,  and family

     0    removing the information from work areas  when not
          using it

(c)   Criteria for Confidentiality Determinations

     The primer alludes to criteria  to be used  when making
     a confidentiality determination but  does not list
     them.  They are found in 40  CFR 2.208 and  require a
     finding that

     0    the business has asserted  a claim and has not
          waived or withdrawn it

     0    the business has taken  reasonable measures to
          protect the information

     0    the information cannot  be  otherwise obtained
          without the consent of  the business

     0    no specific statute requires disclosure

     0    disclosure is likely to cause substantial harm to
          the business's competitive position

(d)   Disclosure of Information Relevant in a Proceeding

     Information that otherwise might be  entitled to confi-
     dential treatment may be disclosed by EPA  because of
     its relevance in a proceeding (i.e., permitting,
     rulemaking, or adjudicating).  This  exception  to the
     confidentiality provisions applies to information
     obtained by EPA pursuant to  Section  3007 of RCRA and
     to information, such as information  submitted  in a
     permit application, which could have been  requested by
     EPA pursuant to Section 3007.

     The procedures for disclosing information  relevant in
     a proceeding are set forth in 40 CFR §2.301(g)(2).
     The procedures are as follows:

                          A-3

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EPA determines that the information is confi-
dential .

EPA informs the applicant that it intends to make
the information available to the public and
provides the applicant with an opportunity to
comment.

EPA's Office of Legal and Enforcement Counsel
determines that the information is relevant to
the proceeding.  The EPA office conducting the
proceeding determines that the public interest
would be served by making the information avail-
able.

EPA makes the information available to the public.
                A-4

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MEMORANDUM

SUBJECT:  A Primer on Confidential Business Information Under RCRA

FROM:     Deborah Wolin
          Attorney
          Water and Solid Waste Division (A-131)

TO:       Al Peters
          Director
          Resource Recovery Division (WH-563)

          Jack Lehman
          Director
          Hazardous Waste Management Division (WH-565)


                          Introduction

     A working group has been formed to assess the Agency's
current use of confidential business information and explore
long range options for assuring its protection.  This Memorandum
represents the Office of General Counsel's contribution to the
working group.  It discusses the legal procedures and constraints
for handling confidential business information.

     All business information provided to you must be properly
safeguarded.  There are detailed regulations describing how you
must handle business information, mainly in 40 CFR Part 2.
Violation of these regulations "constitutes grounds for dismis-
sal, suspension, fine or other adverse personnel action."  40
CFR 2.211.  Even an unintentional violation of the regulations
is included.  In addition, if someone willfully violates any of
these regulations he may be subject to "criminal prosecution
under 18 USC 1905."  Id.  This statute provides for fines up to
$1000 or imprisonment for up to one year or both if you publish,
divulge, disclose, or "make known in any manner or to any extent
not authorized by law any information . .  .  [obtained] in the
course of [your] employment . .  . ." (emphasis added).

     Obviously it is essential that everyone know what procedures
for handling business information ARE "authorized by law."  The
initial portion of this memorandum will outline EPA's present
provisions for the treatment of business information.  In addi-
tion, the procedures for handling business information which is
claimed by a company to be confidential will also be scrutinized.
                               A-5

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A.   Basic Definitions

     1.   What is business information?

          There is no precise definition.   40 CFR 2.201(c)
     states that "business information .  .  .  means any
     information which pertinas -to the interests of any
     business, which was developed or acquired by that
     business".

     2.   What is confidential business information?

          Confidential business information is any informa-
     tion in any form received by EPA from any person,
     firm, partnership, corporation,  association, or local,
     state, or Federal agency, or foreign government,  which
     contains trade secrets or commercial or financial
     information, and which has been claimed as confidential
     by the person submitting it and which has not been
     determined to be non-confidential under the procedures
     in 40 CFR Part 2.

          You must treat any business information that a
     company claims to be confidential as if it were confi-
     dential until a formal administrative determination to
     the contrary is made.  The formal procedure for doing
     so is described in detail in a later section.  It must
     be emphasized that until this formal administrative
     procedure determines that a company's business informa-
     tion is non-confidential, any business information
     that is claimed to be confidential must be handled as
     if it was confidential.

B.   How can a business assert a claim that its business
     information is confidential?

     Your are required to notify a business of its right to
assert a claim of confidential treatment as to business
information.  Accordingly, whenever you request data or
other information from a company pursuant to Section 3007
of the Resource Conservation and Recovery Act ("RCRA") 40
CFR 2.203(a) requires that specific points appear in your
letter.  Your request must include a notice which

     (1) states that the business may assert a business
     confidentiality claim covering part or all of the
     information as described in 40 CFR 2.203(b) and that
     provisions covered by such a claim will be disclosed
     by EPA only to the extent, and by means of the pro-
     cedures of Subpart B of 40 CFR Part 2;
                          A-6

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     (2) states that if no claim of confidentiality accom-
     panies the information which is received by EPA it may
     be made available to the public without further notice
     to the business; and

     (3) cites Subpart B of 40 CFR Part 2,  and 41 FR 36902
     (published September 1, 1976), as amended by 43 FR
     39997 (September 8, 1978) and 44 FR 17673 (March 23,
     1979).

     A business which is submitting information to EPA may
assert a business confidentiality claim covering the infor-
mation by placing on (or attaching to) the information, at
the time it is submitted to EPA, a cover sheet, stamped or
typed legend, or other suitable form of notice employing
language such as "trade secret," "proprietary," or "company
confidential."  Allegedly confidential portions of otherwise
non-confidential documents should be clearly identified by
the business, and may be submitted separately to facilitate
identification and handling by EPA.  If the business desires
confidential treatment only until a certain date or until
the occurrence of a certain event, the notice should so
state.  You have an attachment to your 3007 letters that is
presently in use.  It is very important that such an attach-
ment accompany all written requests for data or other
information.  A copy of this attachment is appended to this
document as Attachment 1.

C.   What if a business asserts a claim of confidentiality
     as to information you believe to be non-confidential?

     The situation may arise in which a company claims its
business information to be confidential and you wish to
treat this information as non-confidential.  There are two
types of claims:

     (1)  information you believe may not be confidential,
          and

     (2)  information you believe is clearly not confiden-
          tial.

First, if you believe that this business information may
not be entitled to confidential treatment, you may in
conjunction with OGC request the company to substantiate
its claim of confidentiality and refer the matter to the
Office of General Counsel to make a final administrative
determination of the validity of the business' claim of
confidentiality.  However, until this final determination
is made you must continue to treat all business information
that is claimed by a company to be confidential as if it
were confidential.
                          A-7

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     In order to have business information which is claimed
confidential to be declared non-confidential,  EPA must
follow the procedures outlined in 40 CFR 2.204.   The affected
business must be notified in writing that EPA is making a
determination under 40 CFR Part 2, Subpart B whether the
business1 information is entitled to confidential treatment,
and that the business has a certain period of time (no less
than fifteen working days) to comment.  The business must
also be notified that it may request an extension of time
to comment pursuant to §2.205(b) and that EPA will construe
a business's failure to furnish timely comments  as a waiver
of the business1 claim.  The address of the office to which
the business' comments are to be sent must also  be furnished;
this office will customarily be OGC.  A sample letter is
attached to this Memorandum (Attachment 2).  This notice
must be sent by certified mail (return receipt requested)
or by personal delivery or by other means which allows
verification of the fact of receipt and the date of receipt.

     If the notice is sent by certified mail and the response
card is not returned and you have the personnel  available,
you may send another notice to the company by certified
mail (return receipt requested).  If you do not have suffi-
cient personnel or are pressed for time, you may phone the
company owner or operator to ask if he received your written
notice.  There are three possible responses to your phone
inquiry.  First, where the company official has received
your notice and has no problems with it, you should write a
memo to your file detailing the date, with whom you spoke
and the substance of your conversation.  Second, where the
company official states that your notice was never received,
you should send him a duplicate of the original notice and
wait until you get his response.  The third case is where
the company official states that he received your notice
and objected to your proposed treatment of his business
information.  Here you should ask the official to send you
a copy of his objection.  You should not take any further
action until you receive the copy.

     The situation may arise in which a company claims
business information as confidential and you believe that
the information is clearly not confidential.  Adequate
reasons for finding that business information is not
entitled to confidential treatment include:  1) the busi-
ness has not taken reasonable measures to protect its
confidentiality, 2) the information is reasonably obtain-
able without the business' consent by the use of legitimate
means, 3) disclosure of the information is mandated by a
statute (cite the statute), or 4) disclosure of the infor-
mation is not likely to cause substantial harm to the
business' competitive position and, if the the information
is not likely to impair the government's ability to obtain


                           A-8

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necessary information in the future.   If you believe that
information claimed confidential is clearly not confidential,
the administrative procedures for determining information
to be non-confidential may be shortened considerably.   An
OGC attorney must be consulted in such a case.

     In both situations discussed above, if the business1
information is administratively determined to be confiden-
tial, you must continue to accord the information full
confidential treatment.  If the business' information is
determined to be non-confidential, the procedures outlined
in §2.205(f) must be followed.   The business must be
notified of the denial of its claim and ofthe reasons for
the denial.  In addition, the notice must state that EPA
will make the information available to the public on the
tenth working day after the date of the business' receipt
of the written notice unless OGC has been notified of the
business1 commencement of an action in a Federal court to
obtain judicial review of the determination and to obtain
preliminary injunctive relief against disclosure.  The
notice must further state that if such an action is timely
commenced EPA may nonetheless make the information avail-
able to the public (in the absence of an order by the court
to the contrary), once the court has denied a motion for a
preliminary injunction in the action or has otherwise
upheld the EPA determination, or whenever it appears to OGC
after reasonable notice to the business, that the business
is not taking appropriate measures to obtain a speedy
resolution of the action.  If the information has been
found to be temporarily entitled to confidential, the
notice must further state that the information will not be
disclosed prior to the end of the period of the temporary
entitlement to confidential treatment.

     The notice must be sent by certified mail (return
receipt requested) by personal delivery, or by other means
which allows the verification of the fact of receipt and
the date of receipt.  If the notice is sent by certified
mail and the receipt card is not returned you should follow
the procedures outlined in Section C of this Memorandum.

D.   Using confidential business information

     1.   What if another office of EPA wishes to use con-
          fidential business information in your possession?

          Under 40 CFR 2.209(e) you "may dislose any busi-
     ness information to another EPA office, officer or
     employee with an official need for the information."
     (emphasis added).  Thus, if another office of EPA
                           A-9

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orally requests business information in your posses-
sion you should not automatically transfer the infor-
mation.  You should require the other EPA office to
put their request in writing,  outlining 1) the purpose
for which the information is sought, and 2) who will
view the information.  By requiring this written
documentation you can assess whether the requestor has
an "official need for the information."

     If you find that the other office does have an
official need for the confidential business informa-
tion in your possession, you may not send over the
information alone.  It must be accompanied by a cover
letter which states that the information has been
claimed confidential and must be treated in accordance
with the procedures outlined in 40 CFR Part 2.  A
sample cover letter is appended to this document as
Attachment 3.

2.   What if you wish to transfer confidential busi-
     ness information to a contractor or a subcon-
     tractor?

     Under 40 CFR Part 2, as amended September 8,
1978, 43 FR 39997, and March 23, 1979, 44 FR 17573,
information which has been claimed confidential may be
disclosed by an EPA employee to a contractor or subcon-
tractor if the following procedures are complied with.
First, the EPA program office managing the contract or
subcontract must determine in writing "that such
disclosure is necessary in order that the contractor
or subcontractor may carry out the work required by
the contract or subcontract."  40 CFR 2.305(h).
Second, the contract between EPA and the contractor or
subcontractor must include several specific provisions:

(1)  That the contractor or subcontractor and the
contractor's or subcontractor's employees shall use
the information only for the purpose of carrying out
the work required by the contract or subcontract,
shall refrain from disclosing the information to
anyone other than EPA without the prior written
approval of each affected business or of an EPA legal
office, and shall return to EPA all copies of the
information (and any abstracts of extracts therefrom)
upon request by the EPA program office, whenever the
information is no longer required by the contractor or
subcontractor for the performance of the work required
under the contract or subcontract, or upon completion
of the contract or subcontract;
                     A-10

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(2) That the contractor or subcontractor shall obtain
a written agreement to honor such terms of the contract
or subcontract from each of the contractor's or subcon-
tractor's employees who will have access to the informa-
tion, before such employee is allowed such access;  and

(3) That the contractor or subcontractor acknowledges
and agrees that the contract or subcontract provisions
concerning the use and disclosure of business information
are included for the benefit of, and shall be enforceable
by, both EPA and any affected business having an
interest in information concerning it supplied to the
contractor or subcontractor by EPA under the contract
or subcontract.

     A third requirement before confidential information
may be released from an EPA employee to a contractor
or subcontractor is that each affected business must
be furnished notice of the contemplated disclosure and
be afforded a period of at least five working days to
submit comments.  (Notice may be by publication in the
Federal Register or by actual notice to the company by
certified mail, return receipt requested.)  The notice
must include a description of the information to be
disclosed, the identity of the contractor or subcon-
tractor, the contract or subcontract number, if any,
and the purpose to be served by the disclosure.  A
sample Notice is attached to this document.  If you
send the notice by certified mail and the response
card is not returned you should follow the procedures
detailed in Section C of this Memorandum.

     After disclosure the EPA program office must
maintain a record of the disclosure, showing the
contractor or subcontractor, the contract or subcon-
tract number, the information disclosed, the dates of
disclosure and each affected business.  This record of
disclosure as well as initial written determination of
necessary of disclosure by a program office must be
maintained for at least 36 months.  40 CFR §2.305(h)(2-3)

Confidential business information and EPA contractors

1.   Provisions required in Fixed Price Research and
     Development Contracts.

     You should be certain that the following provi-
sions are present in any Fixed Price Research and
Development Contract that is executed between EPA and
a contractor.  The provisions are detailed in 15 CFR
15-7.350.
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     Whenever you determine that it may be necessary
for EPA to furnish confidential business information
to a contractor, the following clauses must be in-
serted into your Fixed Price Research and Development
Contract:

    TREATMENT OF CONFIDENTIAL BUSINESS INFORMATION
     (a)  The Conracting Officer,  after a written
determination by the appropriate program office,  may
disclose confidential business information to the
contractor necessary to carry out the work required
under this contract.  The contractor agrees to use the
confidential information only under the following
conditions:

     (1)  The contractor and contractor's employees
     shall:  i) use the confidential information only
     for the purposes of carrying out the work
     required by the contract; ii) not disclose the
     information to anyone other than EPA employees
     without the prior written approval of the Deputy
     Associate General Counsel for Contracts and
     General Administration, and iii) return to the
     contracting officer all copies of the information,
     and any abstracts or excerpts therefrom, upon
     request by the contracting officer, whenever the
     information is no longer required by the contractor
     for the performance of the work required by the
     contract, or upon completion of the contract.

     (2)  The contractor shall obtain a written agree-
     ment to honor the above limitations from each of
     the contractor's employees who will have access
     to the information, before the employee is allowed
     access.

     (3)  The contractor agrees that these contract
     conditions concerning the use and disclosure of
     confidential information are included for the
     benefit of, and shall be enforceable by, both EPA
     and any affected business having a proprietary
     interest in the information.

     (4)  The contractor shall not use any confidential
     information supplied by EPA or obtained during
     performance hereunder to compete with any business
     to which the confidential information relates.

     (b)  The contractor agrees to obtain the written
consent of the contracting officer, after a written
determination by the appropriate program office, prior
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to entering into any subcontract that will involve the
disclosure of confidential business information by the
contractor to the subcontractor.

     The contractor agrees to include this clause,
including this paragraph (b), in all subcontracts
awarded pursuant to this contract that require the
furnishing of confidential business information to the
subcontractor.

     Whenever you determine that a contractor may be
required to collect information that may considered
confidential or proprietary by a company, the following
clauses must be inserted into the contract between EPA
and the contractor.  15 CFR 15-7.350-2.

     SCREENING BUSINESS INFORMATION FOR
          CLAIMS OF CONFIDENTIALITY

     (a)  Whenever collecting information under this
contract, the contractor agrees to comply with the
following requirements:

     (1)  If the contractor collects information from
     public sources, such as books, reports, journals,
     periodicals, public records, or other sources
     that are available to the public without restric-
     tion, the contractor shall submit a list of these
     sources to the appropriate program office at the
     time the information is initially submitted to
     EPA.  The contractor shall identify the informa-
     tion according to source.

     (2)  If the contractor collects information from
     a state or local government or from a Federal
     agency, the contractor shall submit a list of
     these sources to the appropriate program office
     at the time the information is initially sub-
     mitted to EPA.  The contractor shall identify the
     information according to source.

     (3)  If the contractor collects information
     directly from a business or from a source that
     represents a business or businesses such as a
     trade association:

          (i)  Before asking for the information, the
     contractor shall identify itself, explain that it
     is performing contractural work for the U.S.
     Environmental Protection Agency, identify the
     information that it is seeking to collect,
     explain what will be done with the information,
     and give the following notice:

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          (A)  You may,  if you desire,  assert a busi-
          ness confidentiality claim covering part or
          all of the information.   If you do assert a
          claim, the information will be disclosed by
          EPA only to the extent,  and by means of the
          procedures, set forth in 40 CFR Part 2.
          Subpart B, 41  FR 36906,  September 1, 1976.

          (B)  If no such claim is made at this time
          this information is received by the contrac-
          tor, it may be made available to the public
          by the Environmental Protection Agency
          without further notice to you.

          (ii)  Upon receiving the information, the
     contractor shall make a written notation that the
     notice set out above was given to the source, by
     whom, in what form, and on what date.

          (iii)  At the  time the contractor initially
     submits the information to the appropriate program
     office, the contractor shall submit a list of
     these sources, identify the information according
     to sources, and indicate whether the source made
     any confidentiality claim and the nature and
     extent of the claim.

     (b)  The contractor shall keep all information
collected from nonpublic sources confidential in
accordance with the clause in this contract entitled
"Treatment of Confidential Business Information" as if
it had been furnished to the contractor by EPA.

     (c)  The contractor agrees to obtain the written
consent of the contracting officer, after a written
determination by the appropriate program office, prior
to entering into any subcontract that will require the
subcontractor to collect information.  The contractor
agrees to include this clause, including this paragraph
(c) and the clause entitled "Treatment of Confidential
Business Information" in all subcontracts awarded
pursuant to this contract that require the subcontractor
to collect information.

2.   What type of confidentiality agreements may
     contractors sign with target companies?

     Some companies have requested signed secrecy
agreements between the company and contractor as
prerequisites to entry or the furnishing of informa-
tion.
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     Under 40 CFR §2.215 no EPA officer,  employee,
contractor, or subcontractor can enter into any confi-
dentiality agreement until the agreement is consistent
with the agency's confidentiality rules.   However,  in
the past our contractors have signed a vast amount of
instruments, sometimes without EPA approval in order
to gain entry.  In order to avoid these situations and
satisfy concerns of some companies, the Office of
Enforcement and OGC have developed the attached "Memo-
randum on Confidential Treatment of Certain Information"
to be employed with those sources that would otherwise
oppose EPA's use of contract personnel.  This form is
consistent with the agency's regulations for gathering
and handling confidential information.  It may be used
where it will facilitate a contractor's entry or
procurement of information.  Before your office autho-
rizes any other agreement, an OGC attorney should be
consulted.  If a company asks you to sign any type of
agreement as a condition to obtaining entry or informa-
tion, you must consult an OGC attorney.

Attachments
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Attachment 1
                            Addendum
                  AUTHORITY AND CONFIDENTIALITY

     The authority to obtain samples and information is provided
by Section 3007 of the Resource Conservation and Recovery Act of
1976, as amended, 42 U.S.C.  6927 (RCRA).  "For the purpose of
developing or assisting in the development of any regulation," .
.  . and upon request by a duly designated EPA officer,  Section
3007 authorizes an EPA employee (1) to enter any establishment
where hazardous wastes are generated, stored, treated,  trans-
ported, disposed of, or handled; (2) to inspect and obtain
samples of such wastes; (3) to inspect or copy records relating
to such waste.  If requested prior to leaving the premises with
the samples, the EPA employee shall give a descriptive receipt
and a portion of the samples to the establishment's agent.  A
copy of the results of all analyses subsequently performed on
the samples shall also be furnished to the establishment's
agent.
     Information may not be withheld from the Administrator or
his authorized representative because it is confidential.
However, when requested to do so, the Administrator is required
to consider information to be confidential and to treat it
accordingly, if disclosure would divulge methods or processes
                                A-16

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Attachment 1 (continued)

entitled to protection as trade secrets.  EPA regulations con-
cerning confidentiality of business information are contained in
40 CFR Part 2,  Subpart B (42 Federal Register 36902-36924
(September 1, 1976)), as amended by 43 FR 39997 (September 8,
1978), and 44 FR 17673 (March 23, 1979).  These regulations
provide that a business may, if it desires, assert a business
confidentiality claim covering part or all of the information
furnished to EPA.  The manner of asserting such claims is speci-
fied in 40 CFR 2.203(b).  Information covered by such a claim
will be treated by the agency in accordance with the procedures
set forth in the Subpart B regulations.  In the event that a
request is made for release of information covered by a claim of
confidentiality, or the agency otherwise decides to make a
determination whether or not such information is entitled to
confidential treatment, notice will be provided to the business
which furnished the information.  No information will be dis-
closed by EPA as to when a claim of confidentiality has been
made except to the extent and in accordance with 40 CFR Part 2,
Subpart B.  However, if no claim of confidentiality is made when
information is furnished to EPA, the information may be made
available to the public without notice to the business.
                               A-17

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Attachment 2
                            LETTER B-


     (For use in requesting comments from affected business in

connection with a final confidentiality determination when there

is a need to make information public other than under a Freedom

of Information Request.)


Certified Mail
Return Receipt Requested

[Addressee]

Re:  [Reference the information that is the subject of the final
     determination]

Dear            :
The Environmental Protection Agency (EPA) possesses [description
of the information in question that is the subject of the final
confidentiality determination].   You asserted a business confi-
dentiality claim covering [part or all] of this information on
[describe the circumstances of the communication that led to the
claim, such as a notice attached to the information at the time
it was received by EPA or in response to a telephone call, cite
the date and the person to whom they spoke].   EPA is proposing
to release this information to the public  [describe the circum-
stances of the proposed release, such as:  the title of the EPA
report, identification of a meeting at which it will be dis-
cussed, etc.].  In accordance with EPA's regulation concerning
confidentiality of business information (40 CFR Part 2, Subpart
B, 41 Federal Register 36906, September 1, 1976), this office
has asked [the appropriate EPA legal office]  to make a final
confidentiality determination concerning the entitlement of this
information to confidential treatment.

This letter is to notify you that [the appropriate EPA legal
office] will be making a final confidentiality determination
concerning this information.  You have the opportunity to submit
your comments concerning your confidentiality claim.  If you
feel that some or all of the above information is entitled to
confidential treatment, please specify which portions of the


                              A-is

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Attachment 2 (continued)


information you consider confidential.  Please be specific by
page, paragraph, and sentence when identifying the information
subject to your claim.  For each item or class of information
that you identify as being subject to the claim,  the following
questions must be answered in detail:  [Use the following ques-
tions only if you do not already know the answers; i.e.,  in most
cases EPA will know the purpose for which the information was
submitted to EPA and when, whether a claim accompanied the
information, and whether it was voluntarily submitted information.]

     1.   For how long should the information be treated as
          confidential?

     2.   For what purpose was the information submitted to EPA,
          and what was the approximate date of submission?

     3.   Did a business confidentiality claim accompany the
          information at the time it was submitted?

     4.   What measures have you taken to guard against undesired
          disclosure of the information to others?

     5.   To what extent has the information been disclosed to
          others, and what precautions were taken with respect
          to those disclosures?

     6.   Have there been any pertinent confidentiality deter-
          minations by EPA, other Federal agencies or courts?
          If so, attach a copy.

     7.   Would disclosure of the information be likely to
          result in substantial competitive harm to your com-
          petitive position?  If so, discuss in detail what the
          harmful effects would be, why the effects would be
          substantial, and the nature of the casual relationship
          between the disclosure and the harmful effects.

Please supply complete answers to the questions above.  [The
appropriate EPA legal office] will make a final confidentiality
determination as to whether this information is entitled to
confidential treatment.  That determination will depend in part
on your answers to these questions.  EPA can withhold business
information from disclosure only if it finds that disclosure
would be likely 1) to cause substantial harm to your competitive
position, or 2) to impair EPA's ability to obtain necessary
information in the future.

You must submit your comments within        working days after
your receipt of this letter.  [The time given should be at least


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Attachment 2 (continued)


15 days but it may be longer as you find appropriate.]   You may
request an extension of time to submit your comments, but the
request must be made before the end of the 	-day period.  An
extension will be granted only in extraordinary circumstances
since EPA is operating under a time deadline for release of this
information.  [It may be appropriate to eliminate this  sentence
if time is not of the essence in the particular case.]   Please
send your comments and any request for an extension to:

               [The appropriate EPA legal office]

Failure to submit your comments within the      -day period will
be construed as a waiver of your confidentiality claim, and EPA
will be free to release the information without further notice
to you.

You may claim information you submit in support of your confiden-
tiality claim as confidential in its own right.  If the informa-
tion pertains to the confidentiality claim, is not otherwise
possessed by EPA, and is marked when received by EPA as "trade
secret," "proprietary," or "company confidential" on the informa-
tion or on a cover sheet, it will not be disclosed by EPA without
your consent unless disclosure is ordered by a Federal  court.
If no claim accompanies this information when it is received by
EPA, it may be made available to the public without further
notice to you.

Sincerely yours,
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Attachment 3
                       DRAFT COVER LETTER
     (To be attached to confidential business information that
is transferred from one EPA office to another EPA office.)
[Addressee]

Dear
The attached 	-page document was requested by you on
    [date]     for the purpose of 	.   This
document contains information collected from 	
company, which was claimed to be confidential.  You have stated
that the following employees of your office will view the infor-
mation:                      ,                       , and
As your need for this information has been determined to be an
official one, I am transferring the attached document to your
office.  You must accord the document continued confidential
treatment, as set forth in 40 CFR Part 2.  If you have any
questions, please contact an attorney of the Office of General
Counsel.

Sincerely,
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Attachment 4
                       DRAFT SAMPLE LETTER
[Addressee]

Dear
Subject:  Disclosure of Confidential Information

This letter constitutes notice that the Environmental Protection
Agency, Office of 	 intends to release data
collected from you on     [Date]     concerning     [Subject]
under the authority of Section 3007 of the Resource Conservation
and Recovery Act, and claimed to be confidential, to an EPA
contractor for the purpose of 	.
The contractor involved is 	.

The Environmental Protection Agency, Office of   ^	
has determined that it is necessary to release this information
to 	[Contractor]	 in order that 	[Contractor]	
may carry out the work required by its contract  [Contract
No. 	]. This contract contains all confidentiality provi-
sions required by EPA confidentiality regulations (40 CFR
2.305(h)(2)(ii)).

If you have any comments regarding this disclosure, please
advise me within [at least five] working days.   If you have any
questions please call me at 	;  .

Sincerely yours,
                                A-22

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Attachment 5
   MEMORANDUM ON CONFIDENTIAL TREATMENT OF CERTAIN INFORMATION

1.   Pursuant to the provisions of (applicable statutory provi-
sion), (source), (hereinafter "the source") will provide,  or
give access to, information requested by the Environmental
Protection Agency (EPA) through its authorized representative
(contractor) (hereinafter "the contractor") for the contractor's
use, and that of its employees, on behalf of EPA in the course
of carrying out its responsibilities pursuant to Contract No.
	 with EPA.  The information requested may be either
documentary (e.g.,  records or charts) or non-documentary (e.g.,
oral communications, taking of photographs, or visual observa-
tions ).   EPA recognizes that the source may consider the informa-
tion so provided, or some part of it, to be confidential within
the meaning of (applicable statutory provision).  The source may
assert a claim of confidentiality under the procedures established
in Part 2 of Title 40 of the Code of Federal Regulations (40 CFR
Part 2)  by noting such claim on documentary material provided to
the contractor.  The contractor will not such claim when submitting
the information to EPA.  Moreover, the source may notify the
contractor that it considers the non-documentary information
provided to the contractor to be confidential, and the contractor
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Attachment 5 (continued)


will note said claim of confidentiality in any reports or docu-

ments submitted to EPA which utilize such non-documentary informa-

tion.  Any material or information claimed as confidential will

be treated by the contractor as confidential in accordance with

its contract and will be treated by EPA in accordance with the

provisions of 40 CFR Part 2.  Any material or information for

which a claim of confidentiality is not made may be made avail-

able to the public by EPA without notice to the source.



2.   The provisions in the contractor's contract with EPA con-

cerning the use and disclosure of confidential information are

included therein for the benefit of, and shall be enforceable

by, both EPA and the source.

     The provision of Contract No. 	 between EPA and the

source provide:

     a.   The contractor and its employees will:  i) use the
          information claimed to be confidential only for the
          purposes of carrying out the work required by the
          contract; (ii) not disclose the information to anyone
          other than EPA employees without the prior written
          approval of the Deputy Associate General Counsel for
          Contracts and General Administration; and (iii) return
          to the EPA Contracting Officer all copies of the
          information, and any abstracts or excerpts therefrom,
          upon request by the Contracting Officer, whenever the
          information is no longer required by the contractor
          for the performance of the work required by the con-
          tract, or upon completion of the contract.

     b.   The contractor will obtain a written areement to honor
          the provisions of paragraph 2(a) from each of its
          employees who will have access to the information
          before the employee is allowed access.
                               A-24

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Attachment 5 (continued) ,


     c.   The contractor will not use any information claimed to
          be confidential to compete with the source.

     d.   Before entering into any subcontract that will involve
          either the disclosure to a subcontractor by the con-
          tractor of information claimed to be confidential,  or
          the collection of information by a subcontractor,  the
          contractor will obtain the written consent of the  EPA
          Contracting Officer, after a written determination by
          the appropriate EPA program office.

     Any subcontractor who will have access to the information

is subject to the restrictions set forth in this Memorandum.

     It is intended that this Memorandum be consistent with an

not exceed the provisions of 40 CFR Part 2 and the provisions of

Contract No. 	.  Nothing in this Memorandum relieves

the contractor of any liability it may independently have to the

source as a matter of statutory or common law for injury to the

source arising from the contractor's release of information in a

manner which exceeds its authority under 40 CFR Part 2 and its

contract with EPA.
                    (contractor or subcontractor)
                               A-25

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