EC-G-1999-
OSWER Directive 9938.02b
October 1993
REVISED RCRA INSPECTION
MANUAL
(November 1998 Revision)
UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY
Office of Waste Programs Enforcement
RCRA Enforcement Division
I
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements ore in any way altered by any statement(s) contained herein.
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EC-G-1999-001
OSWER Directive 9938.02b
October 1993
REVISED RCRA INSPECTION
MANUAL
(November1998 Revision)
UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY
Office of Waste Programs Enforcement
RCRA Enforcement Division
Lr,8. EPA Region III
•teglosal Center for Environmental
information.
,050 Areh Street (3PM52)
Philadelphia, PA 1910S
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended soJely for guidance.
requirements nre in any way altered by any statements) contained herein.
No statutoiy or regulatory
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OSWER Dir. No. 9938.02(b)
Disclaimer
The policies and procedures established in this document are intended solely
for the guidance of employees of the U.S. Environmental Protection Agency. They are
not intended and cannot be relied upon to create any rights, substantive or procedural,
enforceable by any party in litigation with the United States. EPA reserves the right to
act at variance with these policies and procedures and to change them at any time
without public notice.
Revision
This document was originally written in 1993 and has recently been converted
to an electronic format. At the time of conversion, Appendix III, Table III-7 and
Appendix IV, Land Disposal Restriction Checklist were updated as of November, 1998.
Although other portions of the document have not been updated in this revision, they
may have been superceded by more current information. EPA strongly encourages
readers to verify the validity of information by contained in this document by consulting
the most recent Code of Federal Regulations and guidance documents.
ii
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Table of Contents
SECTION PAGE
1.0 Introduction 1-1
1.1 Background 1-2
1.2 Enforcement Overview 1-8
1.3 Enforcement Priorities 1-10
1.4 Authority and Limitations of Inspectors 1-12
1.5 Health and Safety Considerations 1-16
1.6 WorkEthics 1-19
1.7 Summary 1-21
2.0 Preparing for an Inspection 2-1
2.1 Introduction—Purpose and Objectives of Inspection
Preparation ., 2-2
2.2 Defining the Scope of an Inspection 2-4
2.3 Coordinating an Inspection 2-6
2.4 Reviewing a Facility File 2-8
2.5 Reviewing Applicable Regulations 2-11
2.6 Developing Facility-Specific Inspection Plans and Checklists 2-13
2.7 Identifying Inspection Equipment 2-16
2.8 Completing a Pre-Inspection Worksheet 2-19
2.9 Summary 2-21
3.0 Procedure for Developing Permit-Specific TSDF Inspection
Plans 3-1
3.1 Introduction 3-2
3.2 Developing An Inspection Protocol 3-6
3.3 Summary 3-22
4.0 Conducting an Inspection 4-1
4.1 Introduction 4-3
4.2 Facility Entry 4-4
4.3 Opening Discussion 4-10
4.4 Operations, Waste Handling, and Record Review 4-12
4.5 Visual Inspection Procedures 4-17
4.6 Documentation 4-22
4.7 Closing Discussion 4-25
4.8 Summary 4-28
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory
requirements are in any way altered by any statement(s) contained herein.
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OSWER Dir. No. 9938.02(b)
Table of Contents
SECTION PAGE
5.0 Inspection Follow-Up 5-1,
5.1 Introduction 5-2
5.2 Report Preparation ... 5-3
5.3 Report Elements . 5-5
5.4 Follow-up Discussions and File Preparation 5-9
5.5 Disclosure of Official Information 5-11
5.6 Summary 5-13
Appendix I: Keeping Up With Current RCRA Regulatory
Concerns. 1-1
Appendix II: Glossary II-1
Appendix III: Regulatory Requirement Synopsis and Inspection
Procedures ITI-1
Introduction III-2
Table III-1 Part 261 - Identification of Hazardous
Waste .• III-4
Table III-2 Part 262 - Generator Regulatory
Requirements 111-30
Table III-3 Part 263 - Transporter Regulatory
Requirements 111-54
Table III-4 Part 265 - Interim Status Facility
Regulatory Requirements 111-64
Table III-5 Part 264 - Permitted Facility Regulatory
Requirements Ill-192
Table III-6 Part 266 - Standards for Management of
Specific Hazardous Wastes and Specific Types of
Hazardous Waste Management Facilities III-236
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Table of Contents
SECTION PAGE
Appendix III: Regulatory Requirement Synopsis and Inspection
Procedures (Continued)
Table III-7 Part 268 - Land Disposal Restrictions
Regulatory Requirements..... . III-284
Table III-8 Part 279 - Used Oil Management
Standards i III-347
Appendix IV: Inspection Checklists IV-1
1. General Site Inspection Information Form IV-2
2. General Facility Checklist IV-3
3. Air Emissions Checklist IV-10
4. Containers Checklist . . IV-31
5. Generators Checklist IV-3 2
6. Ground-Water Monitoring Checklist IV-3 8
7. Health and Safety Checklist IV-45
8. Incinerator Checklist IV-58
9. Land Disposal Restrictions Checklist IV-80
10. Landfills Checklist IV-115
11. Land Treatment Checklist IV-119
12. Surface Impoundments Checklist IV-125
13. Thermal Treatment Checklist IV-130
14. Transporters Checklist IV-133
15. Waste Information Checklist IV-136
16. Waste Piles Checklist..... IV-140
17. RCRA Waste Minimization Checklist IV-143
Appendix V: Additional Resources V-l
Appendix VI: Significant Recent RCRA Federal Register Entries VI-1
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory
requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No, 9938.02(b)
List of Exhibits
PAGE
Exhibit 1-1: RCRA Mixed Waste Authorization as of
May 1,1993 1-6
Exhibit 1-2: RCRA Corrective Action Authorization as of
May 1,1993 ! 1-7
Exhibit 1-3: Inspection Types and Relevant Guidance 1-9
Exhibit 1-4: RCRA Section 3007 (as amended by the Solid Waste
Disposal Act of 1980 and the Hazardous and
Solid Waste Amendments of 1984) 1-13
Exhibit 1-5: Health and Safety Guidance Documents 1-17
Exhibit 2-1: Inspection Preparation Summary 2-3
Exhibit 2-2: Contents of an Inspection File . 2-10
Exhibit 2-3: List of Inspection Equipment 2-17
Exhibit 2-4: Pre-Inspection Worksheet 2-20
Exhibit 3-1: Map of ABC Manufacturing Facility 3-8
Exhibit 3-2: Waste Analysis Plan Permit Conditions and
Inspection Questions 3-17
Exhibit 3-3: Unit-Specific Permit Conditions and Inspection
Questions 3-19
Exhibit 3-4: ABC Manufacturing Facility's Corrective
Action Conditions 3-21
Exhibit 4-1: Format for Denial-of-Access Report 4-7
Exhibit 4*2: Required Submittals to the Regional Administrator.. 4-15
/
Exhibit 5-1: Recommended Narrative Outline for Inspection
Report 5-7
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Foreword
The RCRA Inspection Manual was originally developed and issued by the RCRA Enforcement
Division of U.S. EPA's Office of Waste Programs Enforcement in 1988. The Manual was intended for the
exclusive use of inspection personnel in conducting field inspections of RCRA-regulated facilities under
U.S. EPA or State program authorities. Since 1988, significant regulatory developments have occurred
and the need to provide a more useful tool for inspectors has grown.
The overall goal of this Manual, then, is to provide useful procedural and technical information
to determine facility compliance with RCRA standards. Specific objectives are as follows:
• To provide a detailed overview of the elements of RCRA Compliance Evaluation
Inspections (CEIs)
• To describe the scope of inspector authorities and responsibilities
• To provide detailed standard procedures for performing RCRA inspections
• To provide general inspection information that is comprehensive in scope and
complements more detailed guidance on inspecting particular types of hazardous waste
facilities
To provide a basis for general training of new inspection personnel in RCRA inspection
procedures
To make essential regulatory information readily accessible to inspectors.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory
requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
1.0 Introduction
SECTION PAGE
1.1 Background.... 1-2
Introduction 1-2
The RCRA Program 1-3
Federal RCRA Standards . 1-4
State Authorization in the RCRA Program 1-4
1.2 Enforcement Overview 1-8
Types of Inspections 1-8
Enforcement Actions 1-8
1.3 Enforcement Priorities 1-10
1.4 Authority and Limitations of Inspectors 1-12
Confidential Business Information 1-15
1.5 Health and Safety Considerations 1-16
1.6 Work Ethics 1-19
Conflicts of Interest 1-19
Public Relations 1-19
Gifts, Gratuities, Favors, Luncheons, Etc. 1-20
Attempted Bribery 1-20
1.7 Summary... 1-21
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statement(s) contained herein.
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OSWER Dir. No. 9938.02(b)
1.1 Background
Introduction
This chapter will:
• Provide an overview of the RCRA program, summarizing the purpose of the statute,
applicable federal regulatory standards, and authorization of state RCRA programs
Provide an overview of the RCRA enforcement program, including a description of the
types of RCRA inspections, their role in the enforcement program, and available
guidance
• Briefly explain the basis for the RCRA program's enforcement priorities and their
potential impact on inspectors
Summarize an inspector's authority and responsibilities under RCRA §3007
Offer insight into health and safety concerns about which inspectors should be aware:
• Discuss the work ethics expected of an inspector.
The remainder of this Manual will provide inspectors with detailed procedures and guidelines for
inspection preparation, conducting inspections, and inspection follow-up.
Chapters 2 & 3
Chapter 4
Chapter 5
1-2
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely,for guidance. No statutoiy or regulatory
requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No: 9938.02(b)
The primary purpose of this Manual is to provide procedural and technical guidance for
performing inspections of facilities regulated by the Resource Conservation and Recovery Act of 1976
(RCRA). The main text consists of five sections and discusses pre-inspection, inspection, and post-
inspection procedures. The remainder of the Manual contains appendices that provide technical
information of potential use to inspectors.
The procedures covered in the main text relate to performance of Compliance Evaluation
Inspections (CEIs) of hazardous waste generators; transporters; and treatment, storage, and disposal
facilities (TSDFs). However, these procedures may also be applicable to other types of RCRA inspections
(which are discussed in Section 1.2); thev are general and are not intended to be prescriptive, in deference
to Regional and state differences in approaches and procedures. Inspectors using this Manual should be
aware of and follow additional Regional or state guidance supplementing the information provided herein.
The RCRA Program
RCRA is the primary statute governing the regulation of solid and hazardous waste. It
completely replaced the Solid Waste Disposal Act of 1965 arid supplemented the Resource Recovery Act
of 1970; RCRA itselfwas substantially amended by the Hazardous and Solid Waste Amendments of 1984
(HSWA).
The principal objectives of RCRA, as amended, are to:
• Promote the protection of human health and the environment from
potential adverse effects of improper solid and hazardous waste
management
• Conserve material and energy resources through waste recycling and
recovery
• Reduce or eliminate the generation of hazardous waste as expeditiously as
possible.
To achieve these objectives, RCRA authorizes EPA to regulate the generation, treatment, storage,
transportation, and disposal of hazardous wastes.1 The structure of the national hazardous waste
regulatory program envisioned by Congress is laid out in Subtitle C of RCRA (Sections 3001 through
3019), which authorizes EPA to:
Promulgate standards governing hazardous waste generation and management
• Promulgate standards for'permitting hazardous waste treatment, storage, and disposal
facilities
Inspect hazardous waste management facilities
l
RCRA also provides EPA with authority to regulate solid waste and underground storage tanks.
Programs established under these authorities are not within the scope of this Manual.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
• Enforce RCRA standards
• Authorize states to manage the RCRA Subtitle C program, in whole or in part, within
their respective borders, subject to EPA oversight.
Federal RCRA Standards
Federal RCRA hazardous waste regulations are set forth in 40 CFR Parts 260 through 272. The
core of the RCRA regulations establishes the "cradle to grave" hazardous waste regulatory program
through seven major sets of regulations:
• Identification and listing of regulated hazardous wastes (Part 261)
Standards for generators of hazardous waste (Part 262)
Standards for transporters of hazardous waste (Part 263)
• Standards for owners/operators of hazardous waste treatment, storage, and disposal
facilities (Parts 264, 265, and 267)
• Standards for the management of specific hazardous wastes and specific types of
hazardous waste management facilities (Part 266)
Land disposal restriction standards (Part 268)
• Requirements for the issuance of permits to hazardous waste facilities (Part 270)
• Standards and procedures for authorizing state hazardous waste programs to be operated
in lieu of the federal program (Part 271).
EF
State Authorization in the R.CRA Program
EPA, under Section 3006 of RCRA, may authorize a state to administer and enforce a state
hazardous waste program in lieu of the federal Subtitle C program. To receive authorization a state
program must:
• Be equivalent to the federal Subtitle C program
• Be consistent with, and no less stringent than, the federal program and other authorized
state programs
• Provide adequate enforcement of compliance with Subtitle C requirements.
Appendix I discusses how inspectors can keep up with changes in the RCRA
standards, and identifies sources of regulatory information.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance? No statutory or regulatory
requirements are in any way altered by any statement(s) contained herein.
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OSWER Dir. No. 9938.02(b)
In practical terms, these requirements mean that, to be authorized, state hazardous waste regulations must
be at least as stringent as federal Subtitle C standards; state regulations and programs must follow the
same general approach as federal regulations and programs, and other state regulations and programs;
state enforcement penalties must be at least equivalent to penalties provided for in RCRA; and state
enforcement activities must be equivalent to those performed by EPA.
States have generally received authorization incrementally, consistent with the gradual
implementation of the federal RCRA program (i.e., the ongoing development of regulations governing
new waste management units and practices), due largely to the unavoidable lag between federal
promulgation of Subtitle C standards and development and adoption of equivalent standards by the states.
Thus, states may be authorized to administer and enforce the program covering certain types of waste
management units and practices within the state and may not be authorized for other types of units. For
example, a state may be authorized to manage the program for hazardous waste generators and storage
and treatment facilities, but may not be authorized for a newer regulation based on HSWA. As a result,
some facilities in a state may be subject to state enforcement, and others subject to federal enforcement
through EPA Regional offices. Facilities with several types of units may be subject to joint federal/state
enforcement.
In general, where a facility is subject to joint federal/state authority, inspections may be
conducted by both federal EPA and state inspectors. These inspections may be
conducted jointly or separately. When acting jointly, federal and state inspectors
should focus their efforts on the units subject to their respective jurisdictions. When
working separately, federal or state inspectors may inspect units which are not under
their jurisdiction and identify non-complying conditions. These conditions should then
be reported to the agency with jurisdiction over the unit(s) for further action.
Following are two maps, Exhibits 1-1 and 1-2, detailing the states that are authorized for specific
aspects of the RCRA program, corrective action and mixed waste. Inspectors should also be aware of the
authorization status of states with respect to other aspects of the RCRA program.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statement(s) contained herein.
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OSWER Dir. No. 9938.02(b)
Exhibit 1-1
RCRA Mixed Waste Authorization as of October 1,1993
[Note: This map is no longer accurate. Please contact your state implementing agency or
EPA Regional Office for up-to-date information.]
1-6
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statement(s) contained herein.
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OSWER Dir. No. 9938.02(b)
Exhibit 1-2
RCRA Corrective Action Authorization as of October 1,1993
[Note: This map is no longer accurate. Please contact your state implementing agency or
EPA Regional Office for up-to-date information.]
1-7
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statement(s) contained herein.
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OSWER Dir. No. 9938.02(b)
1.2 Enforcement Overview
The goal of the RCRA enforcement program is to assure that hazardous waste handlers are
properly complying with RCRA regulations. This requires close monitoring of such handlers and
expeditious legal action when non-compliance is detected. Facility inspections by EPA/state officials are
the primary tool for monitoring compliance. EPA/states may also determine compliance through
examination of required reports submitted by waste handlers. When non-compliance is detected, an
enforcement action may follow.
Types of Inspections
There are many types of inspections; however, the CEI is the primary mechanism for detecting
and verifying RCRA violations by hazardous waste generators, transporters, and TSDFs.
Types of inspections differ based upon the purpose, facility status, and the probable use of
inspection results. The Office of Waste Programs Enforcement has developed, and is continuing to
develop, specific guidance on performing the different types of inspections. Exhibit 1-3 below describes
the various types of inspections, and lists the available and planned guidance for each type.
Enforcement Actions
When a violation is detected, an enforcement action may be initiated to compel the
violator to return to compliance and/or possibly make compensation. EPA/states may use
the evidence collected through inspections to determine which of the following
enforcement options, if any, to pursue:
• Administrative action (warning letter, administrative order, administrative
penalty, permit action)
• Civil court action
• Criminal court action.
A decision to pursue one or more of these options should be based on the nature and
severity of the violation and the strength of available evidence.
For further information regarding the options described above, inspectors should review the 1990
RCRA Civil Penalty Policy and/or contact the RCRA Docket (703-603-9230).
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory
requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Exhibit 1-3
Inspection Types and Relevant Guidance
|liypfeC!f;lflipjscticiri::
: : : :;: ijfriojl ¦;:
Ouidarice
Compliance Evaluation
Inspection (CEI)
Case Development Inspec-
tion
(CDI)
Comprehensive Ground-
Water Monitoring Evaluation
(CME)
Compliance Sampling
Inspection (CSI)
Operation and Maintenance
Inspection (O&M)
Laboratory Audit
State Oversight Inspection
CEIs are routine inspections of hazardous
waste generators, transporters, and TSDFs
to evaluate compliance with the requirements
of RCRA CEIs encompass a file review prior
to the site visit; an on-site examination of
generation, treatment, storage or disposal
areas; and a review of records. Inspections of
facilities with delisted waste may be
conducted as part of a CEI. Also, corrective
action inspections are specifically intended to
evaluate facilities' compliance with consent
and permit orders.
CDIs are conducted when RCRA violations
are suspected or revealed during a CEI for
. the specific purpose of gathering data in
support of an enforcement action.
CMEs are conducted to ensure that
ground-water monitoring systems are
designed and function properly at RCRA land
disposal facilities. In addition to the CEI
activities, CMEs include sampling and analysis
of the facility's ground-water monitoring
system and hydrogeological conditions.
CSIs are inspections in which samples are
collected for laboratory analysis. A sampling
inspection may be conducted in conjunction
with a CEI or any other type of inspection,
except a CDI.
O&M inspections of land disposal facilities
are conducted to determine the adequacy of
the operation and maintenance of
ground-water monitoring systems at RCRA
facilities after a land disposal facility has
closed. O&M inspections are usually
conducted at facilities that have already
received a thorough evaluation of the
ground-water monitoring system under a
CME inspection.
Laboratory audits are inspections of
laboratories performing sample analyses.
Audits ensure that these laboratories are
using proper sample handling and analysis
protocols-
State oversight inspections are conducted by
U.S. EPA personnel to determine the
effectiveness of State hazardous waste
management programs and to determine
facility compliance.
The RCRA Inspection Manual
The LDR Inspection Manual
Hazardous Waste Tank Systems
Inspection ManualOSWER Dir.
9938.1A, 1988
Hazardous Waste Incinerator
Inspection ManualOSWER Dir.
9938.6,1989
Guidance for Inspection of Facilities
with Delisted Waste , OSWER Dir.
9938.2B (to be issued)
Conducting RCRA Inspections at
Mixed Waste Facilities. OSWER Dir.
9938.9,1991
Technical Case Development
Guidance DocumentOSWER Dir.
9938.3,1988
' RCRA Ground-Water Monitoring
Technical Enforcement Guidance
Document OSWER Dir. No. 9950.1,
September 1986
" Comprehensive Ground-Water
Monitoring Evaluation Guidance
Document OSWER Dir; No: 9950.2,
December 1986
* Operation and Maintenance
Inspections for Ground-Water
Monitoring (RCRA Ground-Water
Monitoring Systems), OSWER Dir.
No. 9950.3, March 1988
' RCRA Laboratory Audit Inspection
Guidance DocumentOSWER Dir.
9950.4,1988
' RCRA State Oversight Inspection
Guide OSWER Dir. No. 9946.1.
December 1987
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory
requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
1.3 Enforcement Priorities
RCRA enforcement managers at EPA Headquarters, Regional offices, and state agencies
establish priorities for inspecting RCRA regulated facilities to optimize the use of limited resources to
achieve enforcement objectives. Generally, priorities are established annually in the "RCRA
Implementation Plan" (RIP) and are based on Congressional mandates and the facility's "Environmental
Priority." A facility's Environmental Priority is based on its environmental significance, the potential
environmental benefits from enforcement, and other considerations. The priorities change from year to
vear to reflect new information and program changes including:
• Promulgation of new standards governing specific types of facilities or activities (e.g.,
land disposal regulations (LDR))
Expansion of the regulatory program to cover new types of facilities
• Progression of the RCRA enforcement program to new stages of implementation (e.g.,
from CMEs to O&M)
Specific national or regional enforcement initiatives focused on particular rules, types of
facilities, or geographic areas.
Inspectors should be knowledgeable about the current enforcement priorities and develop the
skills necessary to perform the inspections required to meet those priorities. Inspectors must also be aware
of changes in the priorities to identify new training needs and other ways (i.e., inspection preparation)
they may need to reassess their approach to inspections.
Frequently, inspectors, through training, research, and experience, develop specialized skills in
inspecting a particular type of facility or evaluating a waste management practice. Although this can be
valuable, inspectors also must develop and maintain a solid general knowledge of the overall RCRA
program so that they can flexibly respond to new enforcement priorities or changes in assignments which
require them to inspect types of facilities and practices previously unfamiliar to them.
Inspectors should:
• Review major new regulations (including preambles) as they are
promulgated
• Be familiar with new and existing guidance on inspecting other
types of facilities and practices
• Be aware of new and existing technical guidance that could provide
quick background information on other types of facilities and practices.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory
requirements are in any way altered by any statements) contained herein.
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New. regulations can be found in the Code of Federal Regulations. . Inspection and
technical guidance can be identified by contacting the RCRA Docket (703-603-9230).
Inspectors should also-be ready to provide input to enforcement program managers planning
initiatives that are within the inspectors' areas of expertise. In such instances, inspectors may be able to
expedite information collection or identify technical difficulties or issues which should be considered in
the planning stage.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or. regulatory
requirements are in any way altered by any statement(s) contained hereia
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OSWER Dir. No. 9938.02(b)
1.4 Authority and Limitations
of Inspectors
m
RCRA Section 3007 provides inspectors with the authority to conduct inspections and
specifies certain guidelines that should govern the conduct of an inspection. It is essential
that all inspectors be familiar with Section 3007, presented in Exhibit 1-4 below, or
comparable, applicable state authority.
RCRA provides the authority to conduct inspections of facilities for the purpose of developing
regulations, preparing permits, or ensuring compliance with the provisions or regulations promulgated
under RCRA. Access to such facilities is granted to "duly designated" officers, employees, or
representatives of EPA (or an authorized state).
Specifically, inspectors are authorized to:
• Enter any establishment or location where hazardous wastes are, or have
been, generated, transported, stored, treated, or disposed
• Obtain samples for the inspection of any such wastes as well as samples of
any containers or labeling for such wastes
• Access and copy all records relating to such wastes.
infepWt
Inspections must be conducted in a prescribed manner, which includes the following:
Presenting EPA or state identification
Entering an establishment at a reasonable time and completing the inspection
as promptly as possible
Issuing a receipt for any samples obtained
Providing a duplicate sample (split sample), if requested
Furnishing a copy of any sample analysis, if conducted, to the owner/operator,
or agent in charge.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Exhibit 1-4
RCRA Section 3007
(As Amended by the Solid Waste Disposal Act of 1980
and the Hazardous and Solid Waste Amendments of 1984)
INSPECTIONS
Sec. 3007. (a) ACCESS ENTRY.—For purposes of developing or assisting in the development of
any regulation or enforcing the provisions of this title, any person who generates, stores, treats, transports,
disposes of, or otherwise handles or has handled hazardous waste shall, upon request of any officer,
employee or representative of the Environmental Protection Agency, duly designated by the
Administrator, or upon request of any duly designated officer, employee or representati ve of a State
having an authorized hazardous waste program, furnish information relating to such wastes and permit
such person at all reasonable times to have access to, and to copy all records relating to such wastes. For
the purposes of developing or assisting in the development of any regulation or enforcing the provisions of
this title, such officers, employees or representatives are authorized —
(1) to enter at reasonable times any establishment or other
place where hazardous wastes are or have been generated, stored,
treated, disposed of, or transported from;
(2) to inspect and obtain samples from any person of any such
wastes and samples of any containers or labeling for such wastes.
Each such inspection shall be commenced and completed with reasonable promptness. If the officer,
employee, or representative obtains any samples, prior to leaving the premises, he shall give to the owner,
operator, or agent in charge a receipt describing the sample obtained and if requested a portion of each
such sample equal in volume or weight to the portion retained. If any analysis is made of such samples, a
copy of the results of such analysis shall be furnished promptly to the owner, operator, or agent in charge.
(b) AVAILABILITY TO PUBLIC.—1) Any records, reports, or information (including records,
reports, or information obtained by representatives of the Environmental Protection Agency) obtained
from any person under this section shall be available to the public, except that upon a showing satisfactory
to the Administrator (or the State, as the case may be) by any person that records, reports, or information,
or particular part thereof, to which the Administrator (or the State, as the case may be) or any officer,
employee or representative thereof has access under this section if made public, would divulge information
entitled to protection under section 1905 of title 18 of the United States Code, such information or
particular portion thereof shall be considered confidential in accordance with the purposes of that section,
except that such record, report, document, or information may be disclosed to other officers, employees, or
authorized representatives of the United States concerned with carrying out this Act, or when relevant in
any proceeding under this Act.
(2) Any person not subject to the provisions of section 1905 of title 18 of the United States Code
who knowingly and willfully divulges or discloses any information entitled to protection under this
subsection shall, upon conviction, be subject to a fine of not more than $5,000 or to imprisonment not to
exceed one year, or both.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statement(s) contained herein.
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Exhibit 1-4 (Continued)
RCRA Section 3007
(3) In submitting data under this Act, a person required to provide such data may —
(A) designate the data which such person believes is entitled to
protection under this subsection, and
(B) submit such designated data separately from other data
submitted under this Act.
A designation under this paragraph shall be made in writing and in such manner as the Administrator
may prescribe.
(4) Notwithstanding any limitation contained in this section or any other provision of law, all
information reported to, or otherwise obtained by, the Administrator (or any representative of the
Administrator) under this Act shall be made available, upon written request of any duly authorized
committee of the Congress, to such committee.
(c) FEDERAL FACILITY INSPECTIONS.—Beginning twelve months after the date of enactment of
the Hazardous and Solid Waste Amendments of 1984, the Administrator shall, or in the case of a State
with an authorized hazardous waste program the State may, undertake on an annual basis a thorough
inspection oif each facility for the treatment, storage, or disposal of hazardous waste which is owned or
operated by a Federal agency to enforce its compliance with this subtitle and the regulations promulgated
thereunder. The records of such inspections shall be available to the public as provided in subsection (b).
(d) STATE-OPERATED FACILITIES.—The Administrator shall annually undertake a thorough
inspection of every facility for the treatment, storage, or disposal of hazardous waste which is operated by
a State or local government for which a permit is required under section 3005 of this title. The records of
such inspection shall be available to the public as provided in subsection (b).
(e) MANDATORY INSPECTIONS.—(1) The Administrator (or the State in the case of a State having
an authorized hazardous waste program under this subtitle) shall commence a program to thoroughly
inspect every facility for the treatment, storage, or disposal of hazardous waste for which a permit is
required under section 3005 no less often than every two years as to its compliance with this subtitle (and
the regulations promulgated under this subtitle). Such inspections shall commence not later than twelve
months after the date of enactment of the Hazardous and Solid Waste Amendments of 1984. The
Administrator shall, after notice and opportunity for public comment, promulgate regulations governing
the minimum frequency and manner of such inspections, including the manner in which records of such
inspections shall be maintained and the manner in which reports of such inspections shall be filed. The
Administrator may distinguish between classes and categories of facilities commensurate with the risks
posed by each class or category.
(2) Not later than six months after the date of enactment of the Hazardous and Solid Waste
Amendments of 1984, the Administrator shall submit to the Congress a report on the potential for
inspections of hazardous waste treatment, storage, or disposal facilities by nongovernmental inspectors as
a supplement to inspections conducted by officers, employees, or representatives of the Environmental
Protection Agency or States having authorized hazardous waste programs or operating under a
cooperative agreement with the Administrator. Such report shall be prepared in cooperation with the
States, insurance companies offering environmental impairment insurance, independent companies
providing inspection services, and other such groups as appropriate. Such report shall contain
recommendations on provisions and requirements for a program of private inspections to supplement
governmental inspections.
[42 U.S.C. 6927]
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statement(s) contained hereia
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Although compliance inspections may result in enforcement actions, they generally will not
involve the need to inform individuals of their rights under the Fifth Amendment of the United States
Constitution (e.g., to provide them with a "Miranda" warning). The Fifth Amendment provides that "No
person shall be compelled in any criminal case to be a witness against himself." Because inspections
under RCRA are generally not conducted by law enforcement officers and do not involve custodial
situations (when a person is taken into custody), Fifth Amendment rights normally are not implicated.
Confidential Business Information
Inspectors who conduct RCRA inspections will probably encounter confidential business
information (CBI) during the course of their work. Inasmuch as this information may only be viewed by
individuals who have been cleared for access, all inspectors should have CBI access authorization. This
authorization is granted by either the EPA's Deputy Administrator for General Enforcement or the duly
designated state-level representative in the case of a state-run hazardous waste program.
When inspectors return from an inspection with information that a facility owner/operator has
declared to be confidential, they should immediately give such information to the local Document Control
Officer (DCO) or Document Control Assistant (DCA), who will assign a document control number to the
confidential material. In addition, inspectors should inform the DCO or DCA of any physical samples
that have been claimed as confidential. These samples will be assigned a document control number,
which is given to laboratory personnel for use in completing chain-pf-custody and laboratory analysis
forms.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statement(s) contained herein.
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1.5 Health and
Safety Considerations
The health and safety of inspection personnel is an important aspect of the overall inspection
process that must be seriously considered prior to entry into a facility. The Occupational Safety and
Health'Administration (OSHA) standards for hazardous materials (Subpart H of 29 CFR Part 1910) were
amended in December 1986 by the addition of a new §1910.120, which contains protection requirements
for workers involved in hazardous waste operations. This interim final rule, mandated by the Superfund
Amendments and Reauthorization Act (SARA) of 1986, regulates employee safety and health at
hazardous waste operations and during emergency response actions. Inspectors must be thoroughly
familiar with the OSHA health and safety regulations to ensure compliance with those requirements that
are applicable to the inspection process.
Another source of information regarding health and safety requirements with which inspectors
should be familiar is U.S. EPA Order No. 1440.2, titled "Health and Safety Requirements for Employees
Engaged in Field Activities." This Order establishes policy, responsibilities, and mandatory requirements
for occupational health and safety training and for occupational medical monitoring of EPA employees
engaged in field activities; therefore, RCRA inspectors must be familiar with its contents.
All . hazardous waste management facilities pose some degree of hazard to personnel present on
site, and this hazard increases in direct proportion to the decrease in the amount and quality of
information available to these personnel on facility operations and practices.
Therefore, it is extremely important that inspectors understand a facility's
processes and hazardous waste management practices prior to entering a
facility so that they are aware of all the potential health and safety issues and
follow the appropriate procedures during an inspection.
In addition to reviewing federal, state, and/or local files and interviewing regulatory personnel
who are familiar with a facility, inspectors should also consult the Regional Safety Officer or equivalent
state official regarding potential hazards before undertaking an inspection. Even though thoroughly
familiar with available information regarding a facility, inspectors still may not have all the information
needed to make sound health and safety judgments; therefore, common sense and experience must enter
into determinations and decisions. Inspectors should not assume that an owner/operator knows all of the
safety concerns that may apply to a facility, and should not take statements made by the owner/operator
concerning the safety of an activity or location at the facility at face value.
The RCRA inspector should have a working knowledge of the following health- and safety-
related areas and issues:
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• Potential exposure routes
Hazard assessment
• Long-term risk
• Levels of protection
• Safety equipment (use and maintenance)
• Personal protective equipment (use and maintenance)
Decontamination and disposal of protective clothing
Emergency treatment.
Exhibit 1-5 presents a partial listing of guidance documents that are available on health and safety issues
related to haziardous waste management. Inspectors are referred to these documents for detailed
information on the areas and issues identified above.
Exhibit 1-5
Health and Safety Guidance Documents
"Appendix M, Site Safety Plan Guidance: Draft" OSWER 9375.1-2A-C. U.S. Environmental Protection Agency.
December 30,1986. Provides information on health and safety to supplement Regional Office safety procedures.
"Chemical Engineering Preparedness Program, Interim Guidance," U.S. Environmental Protection Agency. Program
Directive No. 9223.0-01A. OERR, Catalog of Program Directives. December 1986. Establishes criteria for
identifying acutely toxic chemicals.
Chemical Manufacturers Association, 1825 Connecticut Avenue, N.W., Washington, D.C. 20009. The CMA has
many publications that give complete infoimation on health and fire hazards, handling, storage, labeling, packaging,
and transportation. A list of publications is available.
"Dangerous Properties of Industrial Materials," Sax, Newton Irving, Reinhold Publishing Corporation, New York,
1989 Seventh Edition. Contains information covering more than 12,000 hazardous materials. Areas of hazard
covered include radiation hazards, industrial fire protection, storage and handling of hazardous materials, respiratory
protection, and personal hygiene.
"Environmental Monitoring Series: Hazardous Materials Spill Monitoring Safety Handbook and Chemical Hazard
Guide Part A." EPAx8602-0151. U.S. Environmental Protection Agency. 1979. Presents information on hazards
from spills of chemical compounds, exposure, prevention, protection, and first-aid measures to be followed by
response personnel.
"Fire Protection Guide To Hazardous Materials," National Fire Protection Association, 60 Batteryiriarch Street,
Boston, Massachusetts 02110. This publication is a complete volume on the fire, explosion, and health
characteristics of many chemicals and materials. It contains complete texts of the following NFPA documents:
325M, 49,491M, and 704.
"Guidance on Remedial Investigations Under CERCLA," U.S. Environmental Protection Agency, HWERL, OERR,
OWPE. May 1985. Provides guidance on conducting remedial investigations at uncontrolled hazardous waste sites;
includes detailed discussion of health and safety issues and procedures.
"Hazardous Waste Site Investigation Training." EPA-8512-0003. U.S. Environmental Protection Agency. 1981.
Covers a 5-day training course and includes appendices on toxicology and safety and health policy.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statements) contained herein.
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Exhibit 1-5 (Continued)
Health and Safety Guidance Documents
"Hazardous Material Handling Training Manual," NUS Corporation, Waste Management Services Group. February
1987. Guidance manual used for health and safety training of RCRA and CERCLA field personnel.
"Hazardous Waste Sites and Hazardous Substance Emergencies: Worker Bulletin," EPAx'8610-0023. U.S.
Department of Health and Human Services. 1982. Provides preliminary guidance to protect health of hazardous
waste workers; joint project of EPA, NIOSH, OSHA, and U.S. Coast Guard.
Health effects assessment documents (available for a large number of chemical compounds). U.S. Environmental
Protection Agency, Office of Research and Development, Environmental Criteria and Assessment Office. 1984.
"NEIC Safety Manual," U.S. Environmental Protection Agency, Office of Enforcement, National Enforcement
Investigation Center, EPA-330/9-74-002-B, Denver, Colorado. February 1977. Provides general guidelines on safety
for NEIC personnel; consistent with OSHA requirements.
"Occupational Safety and Health for the Federal Employee," U.S. Department of Labor, Occupational Safety and
Health Administration. January 1, 1979. A booklet outlining Federal government policy concerning occupational
safety and health protection provided for government employees.
"Occupational Safety and Health Guidance Manual for Hazardous Waste Site Activities," EPAx8603-0213. NIOSH,
OSHA, U.S. Coast Guard, EPA. 1985. Provides guidance on hazards, training, medical programs, protective
equipment, decontamination, air monitoring, container handling, and site emergencies.
"Occupational Safety- and Health Technical Assistance and Enforcement Guidelines for Superfund," U.S.
Environmental Protection Agency. Program Directive No. 9285.3-01. OERR. Catalog of Program Directives.
December 1986. Provides direction for OSHA and other field staff who may be called upon to provide technical
assistance or conduct enforcement activities at hazardous waste sites.
"Protecting Health and Safety at Hazardous Waste Sites: An Overview," EPAx8603-0208. U.S. Environmental
Protection Agency. 1985. Summaries for health protection; details training, medical monitoring, handling waste
containers, and wearing personal protective equipment.
"Quality Assurance/Field Operations Methods Manual," U.S. Environmental Protection Agency. Program Directive
No. 9355.0-14. OERR. Catalog of Program Directives. December 1986. Provides Remedial Project Managers
(RPMs), quality assurance officers, and states with a reference for field procedures.
"OSWER Integrated Health and Safety Policy for Field Activities," U.S. Environmental Protection Agency. Program
Directive No. 9285.1-01B. OERR. Catalog of Program Directives. 1988. Provides guidance on health and safety to
complement professional judgment and experience and to supplement existing Regional safety criteria.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statements) contained herein.
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1.6 Work Ethics
Inspectors are skilled field professionals who represent regulatory agencies when dealing with
industry and the public. As a result, inspection personnel are expected to perform their duties in a
professional and responsible manner.
Personnel shall:
• Develop and report the facts of an investigation completely, accurately,
and objectively
• Conduct themselves at all times in accordance with the regulations in the
EPA handbook, Responsibilities and Conduct for EPA Employees
• Avoid, in the course of an investigation, any act or failure to act which
could be considered motivated by reason of personal or private gain
• Improve continually their professional knowledge and technical skill in
conducting hazardous waste inspections.
Discussed below are several specific topics pertinent to RCRA inspectors.
Conflicts of Interest
A conflict of interest may exist whenever an inspector has a personal or private interest in a
matter which is related to his or her official duties and responsibilities. It is important to avoid even the
appearance of a conflict of interest because such an appearance damages, in the eves of the public^ the
integrity of the EPA or state agency and their employees. All employees must, therefore, be constantly
aware of situations which are, or give the appearance of being, conflicts of interest when dealing with
others inside or outside of the government. For a detailed discussion of situations and/or activities which
may result in a conflict of interest, personnel are directed to Responsibilities and Conduct for EPA
Employees, which can also be found in the Federal Register (38 FRNo. 73"). April 17. 1973.
Public Relations
It is important that cooperation be obtained from, and good working relations
established with, the public and regulated community. This can best be accomplished
by using diplomacy, tact, and persuasion. Even a hostile person should be treated with
courtesy and respect. Personnel should not offer opinions concerning any person,
regulatory agency, manufacturer or industrial product. All information acquired in the
course of duty is for official use only.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statements) contained herein.
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Gifts, Gratuities, Favors, Luncheons, Etc.
An EPA employee is forbidden to solicit or accept any gift, gratuity, entertainment (including
meals), favor, loan, or any other thing of monetary value from any person, corporation, or group that:
• Has a contractual or financial relationship with EPA
• Has an interest that maybe substantially affected by such employee's official actions
• Conducts operations regulated by EPA.
Attempted Bribery
Money in varying amounts may be offered by persons whose activities are being investigated.
Offers are usually made by people unfamiliar with EPA rules or regulations. Other bribes may be blatant
attempts to whitewash a serious violation or condition or to cause the withholding of damaging
information or observations. Inspectors should:
Ask "What is this for?" if offered something of value
Explain politely, if the offer is repeated, that both parties to such transactions
may be guilty of violating federal statutes
Decline money or goods of any kind
Report immediately any such incident, in detail, to his or her supervisor.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statements) contained herein.
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1.7 Summary
In performing their job, RCRA inspectors must keep in mind a number of considerations:
Although specific skills and knowledge are needed to perform effectively at specific inspection-related
tasks, inspectors must internalize the above mentioned considerations to assure a solid foundation for a]l
inspection/enforcement activity.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statements) contained herein.
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2.0 Preparing for an Inspection
SECTION PAGE
2.1 Introduction—Purpose and Objectives of Inspection
Preparation 2-2
2.2 Defining the Scope of an Inspection ; 2-4
2.3 Coordinating an Inspection 2-6
Permitted Facilities 2-7
Enforcement Actions 2-7
2.4 Reviewing a Facility File 2-8
Updating/Developing a Facility File.... 2-9
Reviewing Facility Enforcement Documents 2-9
2.5 Reviewing Applicable Regulations 2-11
2.6 Developing Facility-Specific Inspection Plans and
Checklists 2-13
Notifying a Facility 2-14
2.7 Identifying Inspection Equipment 2-16
Determining Health and Safety Requirements 2-16
2.8 Completing a Pre-Inspection Worksheet 2-19
2.9 Summary 2-21
PREPARING FOR
INSPECTIONS
CONDUCTING
INSPECTIONS
INSPECTION
FOLLOW-UP
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statements) contained herein.
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2.1 Introduction—Purpose and
Objectives of Inspection
Preparation
Adequate preparation is critical to the effective performance of RCRA inspections.
Generally, inspectors have only a relatively brief period of time on-site in which to perform an inspection;
therefore, it is essential that an inspection be properly scoped and planned to allow for efficient use of time
and to insure that all aspects of the facility which should be evaluated are inspected. Of course, there will
be instances in which insufficient time will be available to an inspector for the complete preparation
described here. Even on those occasions, the inspector should make every effort to engage in as many
preparatory activities as possible.
The inspector's objectives in preparing for an inspection
should include the following activities, all of which are described
in greater detail in this chapter:
• Determining the scope and objectives ot an inspection
• Coordinating inspection activities with other regulatory or
enforcement personnel as necessary
• Developing a thorough understanding of the technical, regulatory,
and enforcement aspects of a facility
• Developing a plan or strategy for conducting an inspection consistent
with inspection objectives
• Determining health and safety requirements and equipment needs.
Exhibit 2-1 below identifies and summarizes the key steps in inspection preparation.
2-2
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
requirements are in any way altered by any statement(s) contained herein.
No statutoiy or regulatory
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OSWER Dir. No. 9938.02(b)
Exhibit 2-1
Inspection Preparation Summary
Manual
Section
2.2
2.3
2.4
2.5
2.6
Develop Inspection Plan
arid Checklists)
2.7
2.8
Key Steps
• Determine inspection objectives
• Identify needed preparation and appropriate
inspection activities
Identify any interested offices or agencies
Consult on an appropriate joint effort
Consult permit writer and compliance
officer/attorney
Review facility files, including permit/
enforcement files
Develop and maintain facility file as
necessary
Identity and review applicable regulations, as
determined through file review
Obtain/understand relevant amendments to
the RCRA standards
Develop a brief plan on how to proceed
during the inspection and highlight key
site-specific issues that need to be resolved
Review existing checklists and determine
their usefulness
If needed, develop facility-specific checklist
Determine how to notify the facility of the
inspection, if appropriate
Identify/obtain necessary inspection
equipment based on type of inspection, kind
of facility, Regional/state policy
Determine health and safety requirements
Complete Pre-lnspection Worksheet
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FORUSE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statements) contained herein.
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Defining the Scope of an
Inspection
When planning an inspection, it is critical that the inspector first define its scope.
Generally, the purpose and objectives of an inspection determine its scope. For example,
the scope of a routine CEI will differ from the scope of an inspection performed to assess
facility compliance with permit deadlines.
Inspectors can most easily determine the purpose and objectives of an inspection through
discussions with supervisory or other enforcement personnel, such as an enforcement compliance
specialist.
Typically, the purpose of an inspection will be one of the following:
A routine periodic assessment of RCRA compliance.
• A review of facility activities or status with respect to an enforcement
action
A review of facility compliance with deadlines set forth in its
RCRA permit
• A response to information received concerning alleged violations
at the facility
• Identification of vehicles for cross-program compliance.
Routine compliance inspections are generally broad in scope. However, inspections performed
for other purposes (e.g., compliance with an enforcement order) are composed of activities not typically
performed during a routine CEI, such as:
• Comprehensive records review
• Data evaluation/verification
• Waste or media sampling.
If inspectors do not need to generate the kinds and amount of information normally collected
during a comprehensive investigation, they should conduct a more narrowly-focused inspection that will
be a more efficient use of resources. However, even if inspectors anticipate conducting such a narrowly-
focused inspection, they should be prepared to conduct a more comprehensive inspection if, once on-site,
they determine that conditions so require.
To properly prepare for an inspection, inspectors should determine:
• The offices or agencies with which the inspection should be coordinated
The facility information which should be focused upon
2.2
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statements) contained herein.
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The regulations, and enforcement documents that should be obtained and reviewed
Whether sampling will be required during the inspection.2
Whether it is appropriate to notify the facility in advance of the inspection.
An inspector must have as clear an understanding of the scope of an inspection as
possible, derived in part from communications with his or her supervisor or other
enforcement personnel, as appropriate to the Region or state.
2
Preparing for sampling during the inspection is not within the scope of this Manual; inspectors
should refer to the RCRA Technical Case Development Guidance Document. OSWER Dir. 9938.3,
1988.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory
requirements are in any way altered by any statements) contained herein.
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2.3 Coordinating an Inspection
Inspectors should identify the other offices within their agency and in sister federal, state,
or local agencies that may be interested in the results of, or participating in, an inspection. They can
accomplish this by consulting with their supervisor and considering the scope and nature of a proposed
inspection. After making a determination, an inspector should contact the appropriate offices or agencies
to inform them of his or her proposed effort and/or to coordinate the inspection.
Coordination can be highly beneficial to inspectors and those'offices or agencies with
which coordination is attempted. Other offices or agencies may be interested in an
inspection for several reasons:
COORDINATION
Reasons for Coordination
Possible Coordination Activities
• Other office may be pursuing a planned
action that might be interfered with by the
inspection or enhanced through
coordination
• Offices may be able to share resources and
information or conduct concurrent multi-
media inspections
• The inspection may provide incidental
information or identify cross-program
compliance issues that would be useful to
another office in their regulatory or
enforcement activities (e.g., an inspection at
a facility with a NPDES-permitted
wastewater treatment facility may be of
special interest to the office responsible for
water enforcement)
• The inspection is being performed, in part
or exclusively, at another office's request
(e.g., an inspection performed to verify
permit application information or to support
an enforcement action)
• Another office shares jurisdiction for RCRA
enforcement at the facility, making the
scheduling of a joint inspection desirable
(e.g., where a state agency has partial
authorization for some units at a facility,
and the remaining units are subject to EPA
enforcement).
• Scheduling joint inspections with other
offices ot agencies
• Scheduling an inspection to avoid
interference with planned activities of other
agencies or offices
Conferring with other offices or agencies to
insure that the inspection satisfies their
information needs
• Obtaining relevant information on the
facility's administrative or enforcement
status, such as pending enforcement actions
under RCRA or other environmental
programs
• Clarifying for a requesting office the scope
of an inspection and areas of particular
interest to that office
Clarifying with a permit writer permit
conditions or the status of a facility's permit
application
• Obtaining technical information on a
facility from a permit writer
• Obtaining facility information from other
agencies
• Working to further the goals of a
Memorandum of Understanding that may
exist between Regions and states, explaining
coordination protocols.
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Federal inspectors may find state and local agencies to be good sources of information about a
facility. For example, some states maintain waste manifest records or histories that are useful in
preparing for an inspection. Similarly, state inspectors may find the Regional EPA office has useful
information about a facility obtained prior to state authorization or for other purposes (e.g., the NPDES
program).
Inspectors, or their supervisors, should confirm that all appropriate people have been
contacted to prevent interference with planned, ongoing activities and to insure efficient use of
inspection resources.
Permitted Facilities
Inspectors should contact the responsible permit writer before inspecting facilities that have
applied for or received a permit. If the facility's permit application is undergoing review, the permit
writer and the application will usually provide valuable information about the facility and, alternatively,
the permit writer may have information needs that inspectors can fulfill during an inspection (e.g.,
verifying completion of facility modifications reported by the permit applicant). If a facility has received
its permit, the permit imposes site-specific requirements that are subject to enforcement and should be
evaluated during the inspection. In addition, the permit writer may be able to identify suspected problem
areas at a facility. Preparing for an inspection at permitted facilities is discussed in greater detail in
Chapter 3 of the Manual.
Enforcement Actions
If an inspector is conducting an inspection to support an enforcement action (e.g., to determine if
a facility has come into compliance with the terms of an enforcement order), he or she must coordinate the
inspection with the appropriate compliance officer or attorney assigned to the action. Those individuals
will be able to explain the specifics of the action and identify important areas for review at the facility.
Inspectors should advise the attorney or compliance officer of the time and date of an inspection, and
obtain their phone numbers so that they can be contacted from the field if an inspector needs to confer on
specific aspects of the inspection.
Inspectors should also determine, with guidance from the compliance officer or attorney, how to
submit inspection results. Normally, inspection results are submitted in an inspector's report (discussed in
Chapter 5 of this Manual); however, results can be "fast tracked" to the requesting office to expedite
response actions.
NOTE: Inspectors must make any calls from the field to an attorney or compliance
officer confidentially, preferably from an off-site phone, and should give no indication to
the owner/operator that a conference has occurred.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
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2.4 Reviewing a Facility File
Regional and state RCRA program offices generally have one or more existing files for each
facility within their jurisdiction and/or may make information on a facility available through an automated
data processing (ADP) system, such as the RCRA Information System (RCRIS). Inspectors should make
full use of all such available information in preparing for an inspection.
Inspectors should review facility file information to:
• Develop a thorough technical understanding of a facility, including the wastes
managed, the waste management units used, and the processes which generate and
treat wastes
• Develop an understanding of the compliance history of a facility, including past
violations, facility efforts to correct compliance problems, and potential violations
that may not have been remedied
• Identify, based on citizen complaints or inconsistencies in file materials, potential
violations to be evaluated during an inspection
• Determine applicable regulations for review (see Section 2.5 below)
• Support development of the inspection plan for a facility (see Section 2.6 below).
NOTE: In many Regions and states, one program office is responsible for all RCRA
activities (e.g., permitting, inspections, and enforcement) and will have a central program
file for each facility within its jurisdiction. However, responsibility for permitting,
inspections, and enforcement may be split among several offices and separate files may be
maintained by these offices. The information in each of these files may vary as they are
developed for different purposes. Inspectors will, ideally, review all potentially relevant
files. Coordination between the Region and state is important to ensure that ail
applicable files are reviewed. Coordination is particularly important in states authorized
for part, but not all of the federal RCRA program.
Updating/Developing a Facility File
j r-, In general, the office responsible for RCRA inspections should have a central inspection
Hp! file on each RCRA facility. Inspectors should maintain the central inspection files on
: a || each RCRA facility within their respective areas of responsibility, updating the files as
. ^ new information becomes available (e.g.. the results of recent inspections). If inspection
files are not part of a central program file, maintaining a file may require periodically
reviewing and obtaining new data from files held by the offices responsible for
permitting, enforcement, or other activities in the EPA Regional office and/or state
agency. Before an inspection, inspectors should review the inspection file to determine
the adequacy and timeliness of information in the file, and obtain additional or updated
information from other offices as appropriate. This activity can be performed when
coordinating the inspection, as discussed in Section 2.3 above.
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Exhibit 2-2 below describes the minimum contents of an inspection file.
NOTE: A facility's Part A application, Part B application, and/or permit will provide
some of the information listed in Exhibit 2-2, including a plot plan or map and, possibly,
a flow chart or illustration showing processes and design features. Part B permit
applications and final permits may be lengthy documents which may not be convenient to
duplicate for the inspection file if they are already maintained in the files of another
office. It may be more efficient and convenient to note in the central inspection file
where these documents. are maintained and how they may be obtained for review by
inspectors (e.g., the point-of-contact for obtaining the document, such as the permit
writer). Inspection planning for permitted facilities is discussed in greater detail in
Chapter 3 of this Manual.
When inspecting a manufacturing plant, inspectors may want to obtain additional information on
the types of processes used at the plant to better understand plant activities once on-site. Several EPA
documents and other standard references on industrial processes are available for this purpose and are
listed in Appendix V of the Manual.
Reviewing Facility Enforcement Documents
Where the purpose of an inspection is to support an enforcement action (e.g., to
evaluate facility progress in meeting compliance deadlines set forth in an enforcement
order), inspectors should, obtain all applicable documents from the enforcement office,
compliance specialist, legal counsel, or other appropriate office or official. Generally,
inspectors should obtain these documents while attempting to coordinate an inspection,
as discussed in Section 2.3 above.
Inspectors should review enforcement documents to determine:
• Specific activities or units of interest at a facility
• Specific non-complying conditions or violations
• Specific activities a facility is required to have performed or be performing to come into
compliance
• The compliance schedule and intermediate milestones towards completion of required
activities.
Knowing these items is important in determining the applicable regulations that must be
reviewed (Section 2.5 below), and the appropriate strategy for inspecting a facility and
developing an inspection plan (Section 2.6 below).
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Exhibit 2-2
Contents of an Inspection File
•
A summary of names, titles, locations, and phone numbers of
the responsible persons (operators, plant officials, municipal
officials, etc.) involved in the facility's hazardous waste program
(in many cases, this information may be incorporated into the Regional
or state ADP system to facilitate contacting the facility)
•
A flow chart or other illustration showing processes used and
design features of present and planned units and processes at the facility
•
For treatment, storage, and disposal facilities (TSDFs), a list of the
wastes that are treated, stored, or disposed of by type of management
•
For generators, a list of the wastes generated, including their origin
•
Inspection reports, including photographs, from previous state or
/
Regional inspections
•
A compliance history of the site, including a listing of any
past compliance or enforcement actions, the current status of any
such actions, and copies of correspondence relating to the actions
•
Biennial, annual, and other reports submitted by the facility to the
state or Region, including the most recent monitoring reports,
where applicable
•
Previous EPA studies, consultant's reports, and laboratory reports
•
Citizens' complaints filed against the facility
A detailed map or plot plan showing the facility layout and location
of waste management units, and any available sketches or drawings
of the waste management units
•
Records of any phone conversations with facility representatives
•
The letter of notification of inspection sent to the facility and any
response (if the facility has been notified)
•
The facility's RCRA Notification Form
The facility's RCRA Part A Permit application (for TSDFs)
•
The facility's RCRA Part B Permit application (for certain TSDFs)
•
The facility's final RCRA permit (for certain TSDFs).
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2.5 Reviewing Applicable
Regulations
Inspectors should obtain and review all federal and state regulations governing operations
of a facility that is to be inspected. In most cases, inspectors will be able to determine which regulations
apply to a facility, based on information in the facility file. In some cases, they will need to contact an
attorney or other enforcement personnel for assistance.
It is important that inspectors use the most current versions of regulations when reviewing
applicable standards. Federal RCRA standards are published in their entirety annually in Title 40 of the
Code of Federal Regulations. Amendments to the federal standards promulgated periodically during the
year are published in the Federal Register, which is published daily. Inspectors can obtain copies of new
or recently promulgated regulations from their enforcement office or from the Regional or state legal
counsel. Information on recently published amendments, and answers to questions regarding the RCRA
standards, can be obtained from the RCRA-Superfund Industry Assistance Hotline at the following
number:
RCRA /SUPERFUND INDUSTRY ASSISTANCE HOTLINE
1-800-424-9346
Approaches for keeping up with the changes in RCRA regulations and obtaining recent
amendments to federal standards are discussed in detail in Appendix I of this Manual.
Inspectors should be aware that changes in regulations, which may have occurred following
a previous inspection of a facility, may change the compliance status of that facility. Activities which
may previously have been consistent with applicable standards may not meet current standards. Thus, the
results of previous inspections, usually recorded on checklists, should be critically reviewed in light of any
known regulatory changes.
Inspectors should understand, to the extent possible, the intent underlying and interpretation of
applicable standards, so as.to evaluate situations that may require refined knowledge of the standards and
to answer as fully as possible facility representatives' questions regarding the regulations. If inspectors
have questions concerning regulatory intent or interpretation, they can obtain answers through:
Discussion of the regulation with other inspection personnel, a supervisor, or
compliance personnel
Discussion of the regulation with Office of Regional Counsel or Headquarters personnel
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• Review of the preamble material that accompanies regulations published in the Federal
Register
Review of policy or technical guidance—RCRA/Superfund Industry Assistance Hotline
can identify specific applicable guidance available from EPA.
In general, the first of these alternatives is the most efficient, as it allows inspectors to answer questions
without obtainingand reviewing a large volume of material.
Some state and Regional offices have developed a process for institutionalizing the development
of specialized regulatory expertise among inspection staff to allow for expedient in-house response to
questions. This approach divides responsibility for maintaining current knowledge of RCRA standards
among the inspection staff by subject area (e.g., landfills, incinerators). For their respective subject areas,
the inspection personnel are required to understand the interpretation and intent of existing regulations,
and to track and understand changes to the regulations as they are made. Even where such a system is in
place, inspectors with specialized regulatory expertise should be aware of all regulatory changes and
review the applicable material before conducting an inspection.
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requirements are in any way altered by any statements) contained herein. • —'
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Developing Facility-Specific
Inspection Plans and
Checklists
Once inspectors have determined the scope of an inspection, discussed the inspection
with relevant personnel, and reviewed all background information and standards
relevant to the facility, they should prepare a brief plan for inspecting the facility.
• Generally, an inspection plan does not need to be elaborate or formal, or conform to any
particular format (unless the Region or state has specific inspection plan requirements); rather, the plan
should be prepared in accordance with the preferences of the individual inspector in a way that will make
it most useful to her or him. The inspection plan is usually used Only by the inspector to help organize his
or her thoughts on the inspection and prepare an inspection strategy.
As a general rule, in preparing inspection plans, inspectors should:
• Outline the steps they will take once on-site
• Highlight any particular questions the inspection should address.
2.6
Inspectors should consider the following issues in preparing an
inspection plan:
• Should they notify the facility prior to the inspection or will inspection objectives best be met by
performing a "surprise" inspection?
• How should they proceed upon entry to the facility? Should they conduct an opening conference to
discuss the purpose of the inspection with facility .representatives immediately upon entry, or first
proceed with a visual inspection of certain operations or units at the facility (before the owner/operator
may have time to stop or conceal possible violations)?
• When should they conduct an opening conference, if at all? What topics should they discuss with
facility representatives during an opening conference?
• What facility records should they focus on, as suggested by their facility file review and any
enforcement actions being undertaken?
What route through the facility, or order of inspection, should they follow? To what should they pay
particular attention during the inspection of individual units (e.g., compliance with requirements of an
enforcement action)?
• What hazardous wastes may they encounter? With what safety equipment, safety guidance and
practices (e.g., OSHA), and facility-specific safety regulations (if the facility is being notified of the
inspection) should they become familiar?
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Approaches to conducting an inspection are discussed in Chapter 4 below, which provides details
on performing the activities listed above.
As part of the planning process, inspectors should determine which checklists to use, if
any, for assessing facility compliance with RCRA standards. Sample checklists are
provided in Appendix IV of this Manual; inspectors may use these checklists, or
checklists which have been developed for their use by their Regional office or state
agency, to the extent they prove helpful. Inspectors should review checklists while
planning for an inspection to familiarize, themselves with the information required, and
update the checklists to reflect requirements of enforcement orders, amendments to
regulations, or state-specific standards. When inspecting permitted facilities, inspectors
should develop facility-specific checklists that address permit requirements. Preparing
for the inspection of permitted facilities is discussed in Chapter 3 of the Manual.
Notifying a Facility
Notifying a facility prior to an inspection may or may not be appropriate, depending upon the
following factors:
• The purpose of the inspection and inspection strategy
• Regional or state policy concerning notification
• Whether an inspector suspects that a facility is engaged in illegal dumping or other
illegal (particularly criminal) activities
• " The length of time the inspection is expected to require. Long inspections of complex
facilities may require a substantial amount of facility workers' time. It may be desirable
to schedule long inspections with the facility to insure that facility staff are available,
unless the purpose of the inspection requires surprise.
For example, depending on Regional or state policy, it may be appropriate for inspectors to notify a
facility of routine periodic compliance inspections when the facility is not expected to have significant
violations (e.g., based on past inspections) and an inspector needs to speak with specific facility personnel.
Generally, it will not be appropriate to notify facilities in advance of inspections if violations are known or
suspected to exist, where the purpose of the inspection is to support a specific enforcement action, or
where a "cover-up" is anticipated. Inspectors should consult with their supervisors and responsible
compliance officers or attorneys if they have questions concerning whether to notify a facility of an
inspection.
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Possible Methods of Facility Notification
An annual notification letter which establishes the authority for inspections
without specifying an inspection date
A specific inspection letter sent out a month prior to an inspection as to inform
the facility that an inspection will be conducted within a month
An advance phone call to a facility to notify its staff of the inspection date,
making appointments to see particular personnel.
These methods may be used alone, or in combination, as required. Inspectors should always, when
notifying a facility, identify themselves and the organization or agency they represent.
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2.7 Identifying Inspection
Equipment
Inspectors will select equipment to take into the field depending on the kind of inspection they
plan to perform and the type of facility that will be inspected. Inspectors should use their knowledge of
the facility, understanding of inspection objectives, training, and experience to decide which equipment is
necessary for a particular inspection. Inspectors may wish to consult with other inspection personnel or
their supervisor to determine equipment requirements. They should also consider Regional or state
policies and conditions when selecting equipment during inspection planning.
Exhibit 2-3 below is a list of equipment that is commonly used in performing inspections.
Inspectors may not need all of the equipment listed for every inspection; on the other hand, they may need
equipment not specified on the list for some inspections. The list is divided into four categories of
equipment: general equipment, safety equipment, sampling equipment, and paperwork.
Determining Health and Safety Requirements
Although routine inspections generally do not involve activities in which inspectors must
physically contact hazardous wastes (except inspections involving sampling, during which incidental
contact with wastes may occur), there is always the potential for inspectors to be exposed to hazardous
wastes or substances during the course of an inspection. Therefore, in planning an inspection,
inspectors should:
Determine the nature of the. chemical hazards that may be encountered during the
inspection (based on the types of materials handled on-site)
• Identify and obtain proper safety equipment
Become familiar with the proper use of safety equipment, check equipment to ensure
proper functioning, and perform necessary maintenance on the equipment (if
appropriate and within the technical abilities of the inspector)
• Obtain and become familiar with all applicable safety guidance and practices—
information on EPA directives on safety and health, and on Occupational Safety and
Health Administration (OSHA) standards for hazardous waste facilities, is provided in
Section 1.5 above
• Determine any facility-specific safety requirements by contacting the facility (only in
cases where the facility is being notified of the inspection) or by reviewing previous
inspection notebooks.
As noted above, the inspection equipment list in Exhibit 2-3 cites health and safety equipment
that may typically be required in performing routine compliance inspections. In many cases, facilities
may require that an inspector have standard safety equipment listed on the checklist. Inspectors should
use Exhibit 2-3, in conjunction with information about the chemical hazards at the facility and applicable
EPA guidance and OSHA requirements, to select appropriate health and safety equipment for performing
an inspection.
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Exhibit 2-3
List of Inspection Equipment
GENERAL EQUIPMENT
• Camera, film, and flash equipment
• Disposable towels or rags
J
• Pocket calculator
• Flashlight and batteries
• Tape measure
• Pocket knife
• Clipboard
• Pocket tape recorder
• Waterproof pens, pencils, and markers
• Level
• Locking briefcase
• Range finder/optical tape measure
• "Confidential Business Information" stamp
• Compass
(if needed)
• Stopwatch P
• Stamp pad
• Wind meter or Admiral Beaufort wind scale
• Envelopes pre-addressed to Document Control
• Square
Officer (for CBI)
• Ruler (for use as scale in photos)
• Plain envelopes
• Polyethylene bags
SAFETY EQUIPMENT ' r fl
• Safety glasses or goggles
• Rubber-soled, metal-toed, non-skid shoes
• Face shield
• Liquid-proof gloves (disposable if possible)
• Ear plugs
• Long rubber apron
¦
• Coveralls, long-sleeved
• Respirators and cartridges
• Hard hat •
• Self-contained breathing apparatus
• Plastic shoe covers (disposable)
¦'PAPERWORK;.
¦ Proper identification
• Relevant checklists
• Copy of facility's inspection file, permit, and
* Code of Federal Reaulations or aDDlicable
monitoring schedule, including:
state code
• EPA Regional or state forms for:
- Maps
- Photographs
- Inspection confidentiality notice
- History of enforcement actions
- Enforcement actions notice
- Declaration of confidential business
• Notebook
information
• Notice of inspection (if applicable)
- Receipts for documents and samples
• Chain of custody record
• Field data sheets
SAMPLING EQUIPMENT
• Bucket auger
• Conductivity meter
ii
• Bucket
• Thermometer
• Containers
• Dissolved oxygen meter
• Steel tape measure
- Jars
• Sampling safety equipment
- Plastic (for metals)
(in addition to equip, on the Safety Equip, list
- Organic sample containers
above)
jj
• Bailers
- Tyveksuit
• Pumps
- Booties
- Gloves
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Exhibit 2-3 (Continued)
List of Inspection Equipment
SAMPLING EQUIPMENT (continued)
Rope
Glass tubes
Ice
Scoops
Trowels
Bacon Bomb
Tape
- Labelling
- Duct
- Electrical
Safety Equipment (Cont'd)
- Harnesses
- Chemical resistant suit
- Organic Vapor Analyzer (OVA)
• Decontamination equipment
- Buckets
- Alconex
- Brushes
- Grate
- Deionized water
- Solvents for equipment cleaning
- Steam cleaning machine
- ¦ Plastic bags
In some cases, inspectors will have limited information about a facility, or may be inspecting an
uncontrolled site. Inspectors should be prepared to encounter the worst conditions in such cases.
ffl
Inspectors should never proceed with inspections involving site conditions for
which they are not prepared and do not have the proper safety equipment.
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requirements are in any way altered by any statement(s) contained herein.
No statutoiy or regulatory
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2.8 Completing a
Pre-inspection Worksheet
A pre-inspection worksheet, set forth in Exhibit 2-4,'can serve as:
An internal check on performance of all necessary pre-inspection activities
A planning tool to enable the inspector to perform pre-inspection activities more
effectively.
Exhibit 2-4 is designed to insure that, at a minimum, inspectors have identified, assembled, and reviewed
all relevant materials prior to departure for an inspection. Proper preparation for an inspection, as
documented by completion of the worksheet, helps to insure that the inspection will be performed
efficiently and will meet all objectives. Since Regional and state inspection needs, objectives, and
procedures may vary, this worksheet is intended only as a guide and should be modified to reflect and
incorporate the specific needs of each inspector. It is strongly recommended that all inspectors use the
following pre-inspection worksheet or a modified version.
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Exhibit 2-4
Pre-Inspection Worksheet
TASK
COMPLETED
DESCRIPTION OF ACTIVITY
Contact/Coordinate with other offices and agencies
Complete/verify the qeneral information section of the inspection report
-
Identify and Obtain All Relevant Information:
Manifest historv
Notification form
Part A permit application
Previous inspection reports
Correspondence
Part B permit application (if available)
Annual reports
Final Part B permit (if available)
Enforcement documents
Other
Assemble Inspection Package: j
Notification form
Part A permit application
Previous inspection reports
Waste aeneration and characterization information
Information from air and water pollution control aaencies or offices
Inspection checklists
Copies of state statutes and reaulations or Federal laws and requlations
General inspection eauioment (e.q„ camera and film)
Safetv eauipment
Paperwork
Aaencv identification card
Samplinq eauipment (if necessarv)
Other ' ¦
Scheduling the Investigation:
Letters of intent to visit/insoect
Establish date(s) of the inspection
Follow-un telephone call to confirm datefs) of the inspection and to reauest
that additional information be made available at time of inspection
Complete inspection plan
Notify interested aaencies of EPA staff schedule
Other
I , , . . ¦ |
if
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2.9 Summary
Adequate preparation for an inspection is an essential ingredient for fulfilling inspection
objectives, regardless of the type of inspection being performed.
In this chapter, inspectors have been presented with information and approaches that should
assist them in their preparations. These are only suggestions but inspectors are strongly advised to at least
consider the material here and adopt portions of it for their own use.
Once inspectors have completed the above steps, they will be ready to conduct an effective
inspection.
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3.0 Developing Permit-Specific
TSDF Inspection Plans
SECTION PAGE
3.1 Introduction 3-2
Alternative Approaches to Permit-Specific Inspection Plans 3-2
Assembling Pertinent Materials 3-3
3.2 Developing An Inspection Protocol 3-6
General Guidelines 3-6
Overall Site Orientation 3-6
Releases 3-11
Other Permit Conditions 3-15
3.3 Summary 3-22
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3.1 Introduction
This chapter describes methods for developing site-specific inspection plans and checklists for
permitted facilities. Generic checklists will generally not provide much assistance. Such checklists,
which cover the various 40 CFR Part 265 requirements, are useful for conducting interim status
inspections. Generic checklists are also "efficient" in that they are equally applicable to all facilities, but
facility-specific conditions (e.g., those imposed through orders and consent decrees) will often require that
a generic checklist be supplemented in some manner.
A site-specific checklist can guide less experienced inspectors through a facility and serve as a
reminder to more experienced inspectors. While creating site-specific inspection plans may seem to be
inefficient, especially given the length of a permit and its associated attachments, developing such
inspection plans offers several advantages to the compliance and enforcement program.. Among these
advantages are the opportunity for inspectors to immerse themselves in a facility's operations and
understand the relationship of those operations to subsequent permit conditions. The fact that permit
conditions are site-specific forces inspectors to understand facilities in greater detail than might otherwise
be necessary. This, in turn, should result in more thorough inspections.
The cost of inspection planning for permitted facilities will be greater than that associated with
the inspection of interim status facilities. The mere size of RCRA permits attests to the potential
magnitude of the permitted facility inspection effort. An experienced inspection staff will help reduce this
cost. The graduation of facilities from interim to permitted status also puts a premium on retaining
experienced staff.
Alternative Approaches to Permit-Specific Inspection Plans
This chapter does not endorse any single approach to developing facility-specific inspection
plans. Two "models" for developing facility-specific plans are presented below; inspectors and their
supervisors may choose either model or combine them in some manner:
Checklist: This, approach involves developing a checklist similar to that used for
interim status inspections but based on permit information rather than 40 CFR
Part 265. Inspectors need to review permit files, identify those conditions that can
be inspected readily, and use this information as a basis for developing a checklist.
A checklist can be inclusive of all conditions, or focus on specific conditions. An all-
inclusive checklist may be designed to be used for all subsequent inspections,
whereas a focused checklist may only be useful for a single case development
inspection. Alternatively, the all-inclusive checklist can comprise several sections
(e.g., the waste analysis plan action) that may be selected for use when a focused
inspection is necessary.
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Permit Information, Summary Sheets: The information summary sheets model
differs from the checklist model in that it provides inspectors with only the most
basic facility information and a list of key points or concerns that need to be
covered during the inspection (e.g., concerns about possible releases from one of the
facility's units, or past compliance problems). The summary sheets may describe
the number of facility units, both regulated and non-regulated, their status
(operational, closing, closed) and waste generation and handling. Since the
summary sheets provide only limited information, inspectors will need to become
familiar with a site through some means such as review of records. One
disadvantage of using an information summary sheet is that the facility inspection
probably will not allow for verification of a facility's compliance with every aspect
of its permit. Use of a summary sheet requires the exercise of greater judgment on
the part of inspectors, and may be inappropriate for less experienced ones. Despite
these shortcomings, the summary sheets still represent an attractive alternative, as
inspectors can concentrate their efforts on: 1) assembling a detailed and exact list
of concerns upon which an inspection will be based, and 2) applying their
knowledge and experience in investigating each of the identified concerns.
In choosing either approach, inspectors and their supervisors should consider several factors:
The purpose of the inspection
• The complexity of the facility
• The experience of an inspector.
In any case, the selected technique should be geared towards making the goals of the inspection more
attainable.
Assembling Pertinent Materials
As discussed in Chapter 2 above, inspectors must identify and make use of all information
sources in developing a protocol. Perhaps the best sources of information are other agency/state officials
familiar with a particular facility. They may assist in determining the major areas of interest at the
facility, such as potential release points and past compliance problems. In addition, these officials should
be able to assist inspectors in determining whether documents in addition to those contained in a permit
may be useful in devieloping a complete picture of a facility.
Other information sources include:
(1) A Facility's RCRA Permit and Permit Application — The permit contains most of
the site-specific conditions and requirements that a facility must meet to be in compliance. If
conditions of the facility permit are found to be inconsistent with the regulations, the permit may
serve as a shield for the facility. The content of a facility permit takes precedence over any
language contained in a facility's Part A ot Part B permit application.
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The RCRA permit is generally composed of a series of modules containing each of the following:
• A general facility description
• Standard conditions
• General facility conditions
• Unit-specific conditions and requirements
• Detection monitoring requirements
• Compliance monitoring requirements
• Corrective action for regulated units
HSWA corrective action for solid waste management units
• Post-closure requirements.
In general, these modules closely track the regulations, but a variety of styles may be
encountered. For example, some permits may have all inspection requirements, or all reporting
requirements, cited in one place. A different format may also result when state requirements
extend beyond the federal RCRA requirements. Inspectors are encouraged to discuss the contents
of a permit with the permit writer prior to file review.
In reviewing the body of a permit, inspectors will find that numerous references are made to the
permittee's RCRA Part B permit application, and that specific portions of the application are
incorporated by reference. Inspectors should be aware that the descriptions, procedures, and
protocols that are referenced in this manner are enforceable permit conditions. This means
that an inspector cannot rely solely on the main body of the permit, but must also consult the
referenced attachments. Inspectors should note that the public hearing process, prior to permit
issuance, may result in changes being made to the submitted information. These changes are
documented as part of the permit's administrative record.
In some cases, inspectors will find that facilities have been issued more than one RCRA
permit. These permits may have been written at different times and may regulate different units
at the facility. It is also possible that one permit was issued by a state authority and another by
EPA. These situations arise if states lack the authority to impose certain requirements, such as
HSWA corrective action requirements. In such rases, the EPA-issued permit will cover only the
HSWA requirements. Nonetheless, the facility will have to meet both state and federal
requirements. Federal inspectors may coordinate with state inspectors in conducting a complete
review of the facility. Alternatively, federal inspectors can focus their attention on the federal
requirements, leaving state inspectors to assess facility compliance with state requirements.
(2) Orders and Consent Decrees — Any orders or consent decrees issued to a facility will
be important to inspectors since they contain specific provisions with which the facility must
comply. Where inconsistencies arise between a permit and an order/consent decree, the
order/consent decree will take precedence.
(3) RCRA Regulations — Although, in some instances, permits will not reflect new
regulations promulgated since the permit's original issuance, the facility still needs to comply
with these requirements. Indeed, EPA has determined that many regulations are self-
implementing and do not require specific permit language to be enforceable. Specific examples
include the land disposal bans, double liner requirements for surface impoundments, and the
prohibition of liquids in landfills. In addition, as new wastes are listed as hazardous, or new
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characteristics are promulgated, additional wastes at a facility may be deemed hazardous. By
knowing a facility's production processes, inspectors may be able to identify additional
requirements with which the facility will need to comply.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statements) contained herein.
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3.2 Developing An Inspection
Protocol
This section presents guidelines for developing an inspection protocol. In addition, it provides a
series of examples of how an inspector may consider permit conditions in developing a protocol. This
section is divided into four separate subsections addressing: 1) general guidelines, 2) overall site
orientation, 3) releases, and 4) "other" permit conditions.
General Guidelines
Inspectors must follow a consistent and logical strategy for developing inspection procedures to
be followed at a particular facility. The strategy should focus on the specific purpose of the inspection at
hand, and be sensitive to the fact that inspectors have a limited amount of time to prepare for and actually
conduct inspections. Depending on time constraints, inspectors may not be able to verify a facility's
compliance with every applicable regulatory provision (e.g., measurement of aisle space). As a result,
inspection priorities may need to be set. "In other instances, inspectors may have time to conduct a
detailed review of all applicable requirements.
A checklist is one tool for conducting an inspection; complete reliance on a checklist
as a means of preparing/conducting inspections is not recommended. Inspectors
have to make individual judgments about the value of checklists.
Information protocols should be developed in accordance with the following basic principles:
Where possible, questions should be phrased to allow for a "yes" or "no" answer, with
affirmative answers being indicative of good/compliant conditions. This allows
reviewers to easily focus on problem areas.
• Questions should be as specific as possible. Ambiguity in checklist language may cause
problems in making' final compliance determinations. Questions with multiple
components should be avoided so that "no" answers refer to a single specific provision
or requirement.
While developing an inspection protocol, inspectors should review the final RCRA permit and
any pertinent attachments to that permit. A draft permit may exclude pertinent changes to the permit
conditions.
Overall Site Orientation
This subsection discusses the development of a general site orientation based on information
contained in a permit. Inspectors should not visit a site without first understanding the general site
settings. Inspectors must understand a facility's layout and general operation to:
• Establish credibility in the opening conference
• Conduct an organized walk-through of the facility
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Ensure that appropriate safety precautions are taken
Sharpen the focus of the compliance review.
Inspectors should review all relevant documents to develop a fact sheet on general operational
characteristics of a facility. The fact sheet should contain the following:
Suggested Fact Sheet Contents .
• A description of the facility's physical boundaries
• The types and locations of waste management units that are covered by the
permit
• The status of each permitted unit (e.g., under construction, under corrective
action, operational, being closed, closed)
• Ground-water monitoring well locations
• A description of the processes that generate wastes
• A description of the types and characteristics of wastes being stored,
« treated, or disposed in the waste management units.
m
Obtaining a facility map may be the most important action inspectors can take prior to a
site visit. A correctly-prepared map should detail a site, inclusive of labels identifying
regulated units, non-regulated units, and ground-water monitoring well locations.
Exhibit 3-1 contains an example of a correctly-prepared map. The information that
inspectors can obtain from a map when developing a checklist or information sheet
include:
• The facility's physical boundaries
• Location and number of each type of waste management unit
Location of ground-water monitoring wells.
Often, a permit may reflect waste management units that are proposed or still under construction,
as illustrated in Exhibit 3-1. Using a map as a guide, inspectors can determine unit operational status
during site visits.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
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Exhibit 3-1
Map of ABC Manufacturing Facility
[This map is not available electronically.]
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The map of a facility may not distinguish permitted units from unpermitted ones. Inspectors
should be able to make this distinction by using information found in the initial pages of a permit.
EXAMPLE
The container section of ABC Manufacturing's permit reads as follows:
Conditions Related Solely to Storage in Containers
1. The permittee is authorized to store the following maximum quantities of
hazardous waste at the specified locations:
B-10 Storage Area— 11,000 gallons
• T-559 Storage Building — 5,280 gallons
B-96 Road Storage Area — 6,380 gallons.
If a map of the ABC Manufacturing facility, with corresponding location codes (e.g., B-10
Storage Area), is available, inspectors should be able to develop questions directed at verifying
certain permit conditions that focus on the general site orientation. For example:
Are any wastes being stored in containers in locations other than the three specified
in the permit? Yes . No
For purposes of developing a general site orientation, inspectors need not produce a detailed
protocol that lists all of the requirements of a permit. The following are examples of the requirements that
can be disregarded for these purposes:
Cracks larger than one-inch deep and one quarter-inch wide must be repaired within 24
hours of discovery
Four feet of aisle space is required between rows of containers.
If experienced inspectors performing an inspection would detect such a crack, measure the crack's length
and depth and, after the inspection, consult the facility's permit to learn if the condition requires
maintenance.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statement(s) contained herein.
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In developing a general site orientation, inspectors should review a facility's permit(s) to
gain insight into process operations and wastes generated at the facility.
EXAMPLE
ABC Manufacturing's permit contains the following information:
GENERAL DESCRIPTION OF HAZARDOUS WASTE
Wastewater Treatment Sludge
This waste is a sludge which results from the treatment of process rinse waters (including some
electroplating wastewater) and spent process solutions. This waste is stored in surface impoundments.
ABC Manufacturing has submitted a delisting petition to the Bureau of Pollution Control for this waste.
This petition was submitted April 7,1986.
DESCRIPTION OF HAZARDOUS WASTE
WastewaterTreatment Sludge
EPA Waste Number: F006 (Wastewater Treatment Sludges from Electroplating Operations)
General Description: This material is a black sludge as collected in the surface impoundments. It
dries to a light to medium brown color.
Composition of the material: Chromium 0.1-1.0%
Chromium (VI) ND
Nickel 0.2-1.7%
Zinc 1-2%
Iron 509%
Aluminum 1-1.5%
The remainder of the sludge consists of excess lime, neutralization byproducts such as gypsum, dirt,
grit, and other insolubles from the manufacturing process.
This permit information should trigger questions such as:
• Does the waste match the general description?
• Is the electroplating sludge the only waste being discharged to the surface
impoundment? Yes No
In this instance, an inspector using an information sheet may only need to note the type of
waste stored in the surface imppundment and the visual characteristics. He or she can then call the
Bureau of Pollution Control to determine the status of the waste and maybe verify additional ABC
Manufacturing facility information not covered in the RCRA permit. During the site visit, the
inspector can identify the process generating the waste, other wastes that may be entering the
impoundment, waste transportation handling procedures, and other visual signs that signify a
problem.
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For some industries, inspectors must carefully examine the process flow diagrams due to the
unit-specific nature of the waste listing.
. EXAMPLE
In reviewing the information from a petroleum refinery, inspectors may notice that the
facility does not report generating any K051 .waste, although most refineries do generate K051.
Examination of the process flow diagrams may reveal that this facility is using a coalescing plate
separator instead of the more widely used American Petroleum Institute (API) separator. Although
the sludges from both types of separators are similar in composition, only the API separator sludge
is considered a listed waste.
In sum, preparation of the site orientation portion of an inspection plan allows inspectors to learn
the basics about a facility so that when they perform the inspection, any obvious or serious violations can
be noted. Inspectors should be alert for unpermitted units and transporter and generation activities at a.
mostly-permitted facility.
Releases
The inspection of potential release points must be considered when developing an
inspection protocol. If an inspection does not have a specific enforcement focus, and only limited
time is available for the inspection, detection of actual or potential releases is an obvious priority. In
addition, discovery of releases or potential releases may lead to the inspection of additional requirements,
via either permit modifications or orders, that may be imposed on the facility. RCRA Facility
Assessments (RFAs) are an ideal reference tool for reviewing actual and potential release points.
Many RCRA permits contain specific provisions for identifying and mitigating releases to
the environment. Many of these permit provisions reference potential releases associated with
deterioration of management units.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
requirements are in any way altered by any statements) contained herein.
No statutory or regulatory
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EXAMPLE
The following language is found in ABC Manufacturing's permit:
Condition of Containers. If a container holding hazardous waste is not in good condition
(e.g., severe rusting, apparent structural defects);or if it begins to leak, the Permittee shall
transfer the hazardous waste from such container to a container that is in good condition.
Any leakage shall be cleaned up,immediately upon detection. The Permittee shall visually
inspect the containers for degradation at least weekly and shall record the results of such
inspections in the operating record.
Inspectors cannot easily inspect the first permit condition. They cannot tell whether ABC
Manufacturing has had problems with containers in the past. However, the second permit
condition, the weekly inspections, may aid in this determination.
Among questions that an inspector should ask related to ABC Manufacturing's permit and
that are appropriate for inclusion on a checklist are the following:
Is ABC Manufacturing's container storage area presently free of spills? cracks?
- Yes No
Do records indicate containers are inspected at least weekly?
Yes No
According to records, has ABC Manufacturing's facility been free of spills? cracks?
Yes No
Note: Questions have been purposely worded so that any problems would be indicated with a
negative response.
EF
Warning signals of a release or potential release from various units include:
• Rusty or deformed containers
• Poorly stacked drums
• Puddles around units
Leaking valves on tank
• Strong odors from encapsulated units
Dead vegetation
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Erosion
Dusty conditions around piles
Any other indication that the unit is not containing the waste or is poorly
managed.
Often, a determination of compliance with permit conditions cannot be made through a
simple visual inspection. The following example relating to the ABC Manufacturing facility permit
illustrates how inspectors may develop questions from permit conditions that are designed to address the
above mentioned problem.
EXAMPLE
PERMIT CONDITIONS
INSPECTION QUESTIONS
"Pump all liquids out of the leachate collection and
removal systems immediately after the Permittee
determines liquids are present. "All liquids" means
pumping out liquid so that only one inch remains in
the collection sytem.
Any leachate collection and removal system which
generates more than 20 gallons of liquid in any
calendar day shall immediately cease accepting
wastes into the regulated unit. The Permittee
must notify the Director in writing any time this
criteria is exceeded.
The Permittee is required to cease discharge of
hazardous wastes into any surface impoundment
and immediately implement emergency
procedures whenever the level of liquids in the
surface impoundment suddenly drops, and the
drop is not known to be caused by changes in the
flow into or out of the surface impoundment from
normal operation."
Does the facility maintain daily records of daily
leachate quantities collected? Yes No
Do records indicate the facility has not exceeded
releases of 20 gallons per day, every day?
Yes No
If not, did the Director receive notification of this
event? Yes No
Does the facility keep records of the liquid level in
the surface impoundment? Yes No
Does the facility maintain records of "normal" flows
in and out of the unit? Yes No
Do records indicate a sudden drop in liquid level?
Yes No
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statements) contained herein.
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In certain circumstances, inspectors cannot evaluate whether a release has occurred unless
some type of background levels or other criteria are provided.
EXAMPLE
ABC Manufacturing's permit provides as follows:
Corrective Action Requirements
As required in 40 CFR 264.100(a) and 264.101, the Permittee shall conduct corrective
action whenever the concentrations of the following hazardous constituents in ground-water are
in excess of the concentration limits listed below along the points of compliance (the
[downgradient] boundary of each solid waste management unit).
Constituent
Creosote
Cresols (total of o.m,
& p-cresol) -
Naphthalene
Pentachlorophenol
Phenol
Fluoranthene
Chrysene
2,4-Dimethylphenol
2,3,4,6-Tetrachlorophenol
Concentration Limit
Presence or absence
1750 (ig/l
MDL
0.20 mg/l
3.5 mg/l
0.21 mg/l
MDL
MDL
350 pg/l
Constituent
Background
ACL
Background
ACL
ACL
ACL
Background
Background
AC1
The ground-water concentration limits can be perfect inspection criteria, provided ABC
Manufacturing is regularly analyzing the ground-water, as required. Inspectors should bring a
summary of these concentration limits or similar permit conditions to inspections so that they can
readily determine whether the facility is operating within ground-water limitations. Inspectors can
use the summary in conjunction with questions they have derived from the permit conditions, such
as:
Do analytical procedures conform to permit conditions?
Yes No
Is the sample being collected at the location specified in the permit?
Yes .No
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FORUSE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance; No statutoiy or regulatory
requirements are in any way altered by any statements) contained herein.
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Inspectors should be careful to note the units of measure (e.g., mg/1) in permit conditions
and verify that a permittee is using comparable units in its analysis/reporting.
EXAMPLE
The results of the ground-water analysis mentioned in the previous example have been
reported by ABC Manufacturing as follows:
Constituent
Concentration Limit
Creosote
Not Detected
Cresols (total of o,m,
& fp-cresol)
3.5 mg/l
Naphthalene
Not Detected
Pentachlorophenol
0.02 mg/l
Phenol
2.1 mg/l
Fluoranthene
Not Detected
Chrysene
Not Detected
2,4-Dimethylphenol
Not Detected
2,3,4,6-Tetrachlorophenol
29 mg/l
At first glance, it could appear to an inspector that ABC Manufacturing's facility is in
compliance with permit requirements, but a careful examination of the units of measure
may reveal that 2,3,4,6-tetrachlorophenol is significantly above the permitted limit. This
could happen because units specified in the permit are different from the units specified in
the analytical results. The inspector may discover a lack of specified units for ground-
water pollutant limitations. Inspectors must pay close attention to this level of detail.
Other Permit Conditions
As discussed previously, an inspection checklist can cover any or all permit conditions. This
subsection provides examples of how to construct checklist questions that inspectors may find valuable
through reference to permit conditions, and explains how each question may be useful to a compliance
determination. While the intention of an inspection is to assist in a noncompliance determination, it is
not expected that the inspection will necessarily result in such a determination without further
investigation.
m
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requirements are in any way altered by any statement(s) contained herein.
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Three examples are provided, covering permit conditions in the following areas: waste analysis
plan, unit-specific conditions for storage, tanks, surface impoundments, and corrective action.
EXAMPLE
Waste Analysis Plan
All TSD facilities are required to submit a waste analysis plan as part of a Part B permit
application that, when approved, becomes part of a facility's permit conditions. The plan
characterizes hazardous wastes generated or handled by the facility, and outlines sampling
procedures, analytical methods, constituents of concern, and reporting requirements.
Inspectors may learn from discussions with a permit writer/enforcement official that
sampling and analysis problems consistently arose during ABC Manufacturing facility's interim
status. The permit writer/enforcement official also found that the personnel conducting the tests, as
well as the equipment used to conduct the tests, created persistent problems. As a result, the permit
writer inserted permit conditions into ABC Manufacturing's waste analysis plan. These are noted
below in Exhibit 3-2, along with sample checklist questions that could be derived from the permit
conditions.
With reference to Exhibit 3-2, if Bill Jones and Julia Smith remain as ABC Manufacturing's
chemists, their degrees have been previously verified and the correct response to questions 1 and. 2
is "yes". Otherwise, inspectors should review the degrees of current personnel.
While affirmative responses suggest compliance with this condition, the fact that employees
hold chemistry degrees does not necessarily indicate that they follow good sampling/analytical
practices. As suggested in Exhibit 3-2, inspectors can fashion additional questions from the permit
conditions to check on these issues.
However, the "as necessary" clause regarding AAS and the Graphite furnace cannot be
verified easily. Similarly, whereas the laboratory's annual participation in the NPDES Quality
Assurance Program may be verified, the fact that ABC Manufacturing uses QA/QC procedures
"very similar" to those which appear in SW-846 does not allow for easy inspection.
The answers to the indicated questions may serve as rough indications of the adequacy of the
facility's waste analysis plan. However, despite compliance with all of these conditions, that plan
may still be inadequate. For example, the balances may have needed servicing earlier than the
routine 6-month period.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statements) contained herein.
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Exhibit 3-2
Waste Analysis Plan
Permit Conditions and Inspection Questions
PERMIT CONDITIONS
INSPECTION QUESTIONS
SAMPLING PERSONNEL
The samples are taken under the direction of the Plant
Environmental Chemist, who will keep a log of the sample and field
notes (if any) in a bound notebook. Samples are labeled and
numbered, then submitted to the laboratory with a sample request
form. (The Environmental Chemist will have a Bachelor of Science
Degree in Chemistry. Present Environmental Chemist is Bill
Jones, III, who has a B.S. degree in chemistry from the State
University, plus 7 years experience.)
1.
Does the Plant Environmental Chemist
have a BS or advanced degree in
chemistry?
Yes No
LABORATORY PERSONNEL
All samples are submitted to ABC Manufacturing's Smalltown
Plant Analytical Laboratory. All analyses are performed
under the direction of the Plant Chemist whose
requirements include a Bachelor of Science Degree in
Chemistry. (This position is currently held by Julia
Smith, who has a Bachelor of Science degree in
Chemistry from State College, plus 7 years
experience.)
2.
I
Does the Plant Chemist have a BS degree 1
in Chemistry? Yes No \
ANALYTICAL EQUIPMENT
The equipment used for the analyses performed for the
Waste Analysis Plan is as follows:
3.
Does the facility have all the equipment
required to run the analyses performed for
the waste analysis plan:
Atomic Absorption Spectrophotometer - Perkin Elmer Zeeman
303 Model with HGA600 Perkin Elmer Graphite Furnace.
Printer - Perkin Elmer PR-100.
pH Meter - Fisher Accumet Model 325 or equivalent.
Balances - Various to cover weights from 0.0001 g up.
• Perkin Elmer Zeeman 3030 Model
Atomic Absorption Spectrophotometer
with HGA600 Perkin Elmer Graphite
Furnace? Yes No
• Perkin Elmer PR-100 printer?
Yes No
• Fisher Accumet pH meter Model 325 or
equivalent? Yes No
• Balances to cover weights from 0.0001 g
and up? Yes No
SERVICE AND QUALITY ASSURANCE
(1) Rite Weight, Inc. - To service balances every 6
months. Includes test of scale deflection, pre-
cision, and accuracy of weight set.
(2) Perkin Elmer - To service AAS and Graphite
furnace as necessary.
4.
Are balances serviced every 6 months?
Yes No
Note: Should ABC Manufacturing's laboratory, for any reason, not
be able to analyze the samples, they will be preserved and sent to
a contract laboratory (currently Jones Laboratory, Inc.). ABC
Manufacturing's laboratory, or any laboratory at which samples are
to be analyzed, will conform to a Quality Assurance Program as
follows.
For every analytical procedure, blanks, mid-point standards,
calibration curves, and duplicate analyses are included. Quarterly
reference standards are analyzed for all parameters in the Waste
Analysis Plan and Ground-water Monitoring Plan. The Laboratory
follows quality control and quality assurance procedures very
similar to those given in SW 846, July, 1982, 2nd Edition, Section
10.4. In addition, the Laboratory must participate in EPA's annual
Quality Assurance Program under the National Pollutant Discharge
Elimination System (NPDES).
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EXAMPLE
TSDF Unit-Specific Conditions
Unit-specific permit conditions were established for each regulated unit at the ABC
Manufacturing facility. In developing these conditions, the permit writer considered: the minimum
requirements in 40 CFR 264, site specific environmental factors, the wastes handled in the unit,
and any potential problems identified at the ABC Manufacturing facility. This example shows how
a checklist can be developed to evaluate: 1) unit design, operation, and maintenance and 2)
compliance with procedures and recordkeeping conditions. Examples of unit-specific conditions
(relating to storage tanks and surface impoundments) and possible checklist questions derived from
those conditions are set forth in Exhibit 3-3 below.
Visual inspection of the ABC Manufacturing storage tank should enable inspectors to answer
Question 2. However, it is more subjective to determine whether the Permittee has maintained the
system by replacing the filtration system "...when analytical results indicate that the system has
become saturated or otherwise ineffective." In this case, inspectors will want to examine records
regarding routine maintenance of the system, as well as analytical data.
ABC Manufacturing's permit mandates that surface impoundments P-12 and P-16 cannot
accept wastes after November 8, 1992. If an inspection is conducted after that date, inspectors may
include Question 4 in the protocol. Visual inspections may serve to determine whether waste
continues to be placed in the impoundments. However, inspectors will need to review records to
determine whether wastes were placed in the unit in the interim period between the inspection and
November 8, 1992. In addition, inspectors should fashion questions from Section II.J and
Attachment 8 of the permit to determine whether closure is proceeding on schedule.
Inspectors may also want to review whether the ABC Manufacturing facility is recording
data on a daily basis; including Question 5 in the protocol will ensure that this issue is addressed.
In addition, inspectors should review the data for trends and fluctuations to evaluate the need for
further investigation and to assist with preparations for future inspections. Inspectors may question
appropriate plan personnel about any inexplicable data points and note responses.
By examining the daily records for leachate generation, inspectors can determine weekly
average leakage rates. In addition, while conducting inspection planning activities in the office,
inspectors should note whether the Director had been informed of any occurrences of excess leakage
and, if so, when. If inspectors discover that such an event occurred, they should include Question 7
to determine compliance.
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Exhibit 3-3
Unit-Specific Permit Conditions and Inspection Questions
PERMIT CONDITIONS
INSPECTION QUESTIONS
STORAGE TANKS
The permittee shall install an activated carbon filtration system on the
vents of the 3010 tanks. A manifold system may be used to connect
~ the vents from each of the tanks to treat vapors from all of the tanks
with a single filter. The activated carbon filtration system shall be
either a Calgon VentSorb or Calgon High Flow VentSorb Canister
system. The Permittee shall replace the activuated carbon filtration
system in accordance withh manufacturer's recommendations or when
analytical results indicate that the system has become saturated or
otherwise ineffective.
1.
Has the facility installed either a Calgon
Vensorb High Flow Ventsorb Canister
System on the vents of the 3010 tanks?
The Permittee shall maintain at least 6 inches of freeboard
(headspace) in the Laboratory Holding Tank at all times. This distance
(6 inches) shall be measured downward from the bottom of the
overflow drain pipe, which is indicated as Item 2 in Attachment
The Permittee shall set the liquid level switch alarm system to be
activated so that the specific freeboard (headspace) limit is not
exceeded.
2.
3:
Does the Permittee maintain at least 6
inches of freeboard in the laboatory
holding tank at all times?
Yes No
Is the switch and alarm system set and
activated to ensure that this limit is not
exceeded? \ .
Yes No
SURFACE IMPOUNDMENTS
This permit condition defines the five evaporation impoundment units
at the facility and specifies that units P-12 and P-16 will be removed
from service by November 8,1992. Hie liner systems of units P-12
and P-16 do not meet the requirements of the minimum technology
standards (Section 3004(o) of HSWA). The Permittee did not apply
for a waiver of the requirement to retrofit these impoundments to meet
the minmum technology standards. Consequently, these units cannot
receive waste after November 8,1992 and closure of these units must
proceed on the scheduled specified in Section II.J. and Attachment 8
of this permit.
4.
Are units P-12 and P-16 continuing to
receive wastes?
Yes No
'The Permittee shall monitor for and record on a daily basis the
presence and volume of liquids in the leachate detection, collection, -
and removal system sumps during the active life of the units
(including the closure period), and at least weekly during the post-
closure period."
5.
Has the Permittee monitored and
recorded on a daily basis the presence
and volume of liquids in the leachate
detection, collection, and removal system
sumps?
Yes No
... The Permittee shall, within 45 calendar days of detecting an
increase of treater than 50 percent aboce the preceding weekly
average leakage rate, submit to the Director and the Administrator a
report on the leakage."
6.
Has the average leakage rate for any
week ever exceeded the previous week's
average by more than 50 percent?
Yes No
7.
Did the Permittee submit the required
report of this event to the Director within
45 calendar days?
Yes No
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requirements are in any way altered by any statement(s) contained herein.
No statutoiy or regulatory
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EXAMPLE
Corrective Action Conditions
Corrective action conditions may be verified on the basis of results and/or reports, such as
progress reports. Certain corrective action conditions for the ABC Manufacturing facility's land
disposal unit are listed in Exhibit 3-4. The permit condition identifies those constituents and
associated maximum concentration limits for which the permittee must monitor to determine
whether corrective action is required. Prior to an inspection, inspectors should review all available
reports regarding corrective action progress and related permit modifications (or applications) to
determine the current status of operations. Inspectors should inquire as to whether all constituents
are measured at the listed concentration limits. Inspectors may also design questions directed at
whether the appropriate statistical test was used. For example:
Does ABC Manufacturing make use of the Behrens-Fisher Student's t-test?
Yes No
If not, did the Regional Administrator approve the use of an equivalent
test?
Yes No
In addition, inspectors may want to independently determine whether the ground-water
protection standards were exceeded by applying the approved statistical technique. If this
inspection is the first one after commencement of the action, the checklist questions may focus on
the proper establishment and placement of pumping wells. For example:
Was a pumping well established at grid coordinates (XI5, Y12)?
Yes No
Other questions may involve compliance with reporting requirements. A more
comprehensive inspection would involve sampling and analysis to independently verify the
accuracy of ABC Manufacturing's reports.
By examining the daily records for leachate generation, inspectors can determine weekly
average leakage rates. In addition, while conducting' inspection planning activities in the office,
inspectors should note whether the Director had been informed of any occurrences of excess leakage
and, if so, when. If inspectors discover that such an event occurred, they should include Question 7
to determine compliance.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Exhibit 3-4
ABC Manufacturing Facility's Corrective Action Conditions
Ground-water shall be removed [at all locations] where hazardous wastes, hazardous constituents, or breakdown products
have entered the ground-water from a solid waste management unit, as required under 40 CFR §264.101.
Constituent
Concentration Limit
Basis
Creosote
Presence or absence*
Background
Cresols (totalof o, m & p-cresol)
1750 pg/l
ACL
Naphthalene
MDL
Background
Pentachlorophenol
0.20 mg/l
ACL
Phenol
3.5 mg/l
ACL
Fluoranthene
0.21 mg/l
ACL
Chrysene
MDL
Background
2.4-Dimethylphenol
MDL
Background
2,3,4,6-Tetrachlorophenol
350 pg/l
ACL
P-chloro-m-cresol
MDL
Background
2,4-Dichlorophenol
105 pg/l
ACL
2,4,6-T richiorophenol
MDL
Background
Benzo (k) fluoranthene
MDL
Background
Benzo (b) fluoranthene
MDL
Background
2,4-Dinitrophenol
70 pg/l
ACL
The Permittee must use the Behrens-Fisher Student's t-test or an equivalent statistical test approved by the Regional
Administrator to determine If concentrations exceed ground-water protection standards of this permit.
The analytical method and the minimum detection limit (MDL) for each constituent must be designated in all reports of
analyses.
If the Permittee identifies additional Appendix VIII constituents, he shall:
a) Re-sample the affected well(s) within thirty (30) days;
b) Notify the Regional Administrator in writing within seven (7) days if the presence of additional constituents is confirmed;
c) Within sixty (60) days submit to the Regional Administrator, a determination whether there is a statistically significant
Increase above the background. The Behrens-Fisher Student's t-test or an equivalent statistical test approved by the
Regional Administrator shall be used to determine a statistically significant increase; and
d) If a significant statistical increase is determined, the Permittee must submit to the Regional Administrator an application
for a permit modification to make any appropriate changes to the program.
Corrective Action Pumping
)
The well at grid coordinates (X15, Y12) shown on Figure 1 shall be installed Initially to extract the plume of contamination
migration from the sludge pits, as required under 40 CFR §264.100(b) and §264.101. Additional extraction wells shall be
installed within 180 days of determination by the Permittee or EPA that the initial extrication well system is not extracting the
entire plume. The Permittee shall comply with all other state and federal laws regarding treatment and discharge of the
extracted water. The well shall be pumped at a maximum well yield until Condition II.C.1 is met.
Time Period for Implementation
Under 40 CFR §264.100(c) and §264.101, the Permittee shall commence corrective action no later than twenty-four (24)
months after the effective date of the permit.
The Permittee shall submit a compliance schedule progress report to the Regional Administrator describing progress on
implementation of corrective action no later than fourteen (14) days from the first anniversary of the effective date of the
permit.
Corrective Action Monitoring
The Permittee shall monitor the effectiveness of corrective action on ground-water quality and ground-water flow across the
entire extent of the contamination plume emanating from the sludge pits, as required under 40 CFR §264.100(d) and
§264.101.
The corrective action monitoring shall commence on the effective date of the permit with quarterly monitoring in wells WC-7
and WC-14 for the hazardous constituents listed in II .C.1.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory
requirements are in any way altered by any statements) contained herein.
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3.3 Summary
Although generic checklists may be appropriate and efficient for conducting
inspections at interim status facilities, permitted facilities are subject to site-specific
conditions that must be identified and inspected.
Two models are recommended for developing permit-specific inspection plans:
Checklists
Permit summary sheets.
Inspectors and their supervisors may choose either, or a combination of the two.
Inspectors must assemble the materials needed for a thorough inspection of a
permitted facility:
RCRA permit and permit application
Orders and consent decrees
RCRA regulations.
In reviewing permits, inspectors must review all pertinent information, including
other documents or the permit application when referenced in the final permit.
Reference should be made to the procedures outlined for developing an inspection
protocol. Using the permit, an inspector can focus on:
Overall site orientation
Releases
Other relevant conditions.
Having developed an effective protocol, inspectors will be ready to conduct an inspection.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statements) contained herein.
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4.0 Conducting An Inspection
SECTION PAGE
4.1 Introduction 4-3
4.2 Facility Entry 4-4
Arrival , 4-4
Consent , . 4-5
Denial of Access 4-5
Use of Warrant to Gain Access 4-8
Conducting an Inspection Under Warrant 4-8
Dealing with Threats 4-8
4.3 Opening Discussion 4-10
4.4 Operations, Waste Handling, and Record Review 4-12
Discussion of Operations and Waste Handling 4-12
Record Review ; 4-12
4.5 Visual Inspection Procedures 4r17
Use of Inspection Checklists 4-19
Determining the Need for Sampling and Identifying
Sampling Points 4:20
Observations for Follow-Up Case Development ...'. 4-21
4.6 Documentation 4-22
Field Notebook 4-22
Checklists 4-v23
Photographs : 4-23
Maps and Drawings 4-24
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance; No statutory or regulatory
requirements are in any way altered by any statements) contained herein.
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SECTION PAGE
4.7 Closing Discussion 4-25
4.8 Summary 4-28
PREPARING
F°R I
INSPECTIONS |
CONDUCTING J
INSPECTIONS I
INSPECTION
FOLLOW-UP
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* requirements are in any way altered by any statements) contained herein.
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4.1 Introduction
The authority to conduct inspections is set forth in Section 3007(a) of RCRA and is reproduced
verbatim in Exhibit 1-4 of this Manual. Section 3007(a) grants authority to inspectors to enter the
premises of anyone who "generates, stores, treats, transports, disposes of, or otherwise handles or has
handled hazardous wastes" and to access all records pertaining to such wastes.
The responsibilities of inspectors in conducting inspections are outlined in
the statutory authority. Inspectors must:
• Enter premises at reasonable times and complete inspections as promptly as
possible
• Issue receipts for samples collected
• Provide duplicate samples
• Furnish owners, operators, or agents copies of any sample analyses conducted.
In this chapter, inspectors will be provided with detailed information that will assist them in
performing the following steps:
• Facility entry
Conducting an opening discussion
• Reviewing and understanding facility operations, waste handling procedures, and
records
Visual inspections
• Documentation of observations
• Conducting a closing discussion.
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FOR-USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
requirements are in any way altered by any statement(s) contained herein.
No statutory or regulatory
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4.2 Facility Entry
The first stage of an inspection requires advance consideration and will set the tone for the
remainder of the site visit. Therefore, inspectors must make certain decisions about how they will tfct
once on-site and how to respond to obstacles encountered.
Arrival
f^3
Inspections can be announced or unannounced, as discussed in Section 2.6 above.
Regardless, inspectors should determine an appropriate time of entry. Inspections must
be conducted at a reasonable time or during normal working hours. Inspections that
cannot be completed before the normal close of business will continue on the next
business day, unless management does not object to completing the inspection after
closing time (if the time needed to complete the inspection is short). If a facility is open
continuously, or if management leaves before operations stop, inspectors may continue an
inspection using their own discretion. In any event, an inspection should be completed in
a timely manner.
Upon arrival, inspectors should:
• Locate the proper official (owner, operator, or agent) as soon as possible and determine
whether this official is authorized to offer assistance
• Present identification to the proper officials, even if it is not requested, and keep
identification in sight at all times
Document arrival in a logbook or field ^notebook, noting date, time, and the names and
titles of facility personnel encountered.
Generally, proper identification consists of an inspector's EPA or state agency identification card
and any additional identification required by EPA Regional or state policy. Inspectors should familiarize
themselves with applicable Regional or state policy on identification requirements.
Inspectors may be asked on arrival to sign a log, passbook, waiver, or other form prior to entering
the facility. In general, inspectors may sign logs or passbooks: they are used by facilities to keep a record
of visitors to the facility and are useful in the event of a fire or other emergency.
m
Important:
Inspectors should not sign waivers or other legal documents if they limit
the facility's liability in the event of an accident. Additionally, inspectors
should not sign other legal documents limiting their rights or the owner's
responsibilities while the facility visit is occurring.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statements) contained herein.
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Consent
The owner or agent in charge of a facility at the time of an inspection must give consent
to the inspector to inspect the premises.
Inspectors should note that a consent to inspect may be withdrawn at any time. However, any
segment of an inspection that is completed before such withdrawal remains valid. Withdrawal of consent
is equivalent to a refused entry. In such an event, inspectors must secure a warrant to complete the
inspection. Refusal of entry and use of a warrant to obtain entry are discussed in the following sections.
Inspectors may observe and report on things in plain view (i.e., anything that a member pf the
public could be in a position to observe) even without consent to site entry. This includes observations
made while on private property in areas not closed to the public (e.g., matters observed while the inspector
presents identification).
During an inspection, an owner/operator may try to limit an inspector's access to portions of the
facility. Limiting access to portions of the facility is similar to denying access to the facility. The
appropriate response to being denied access is discussed in the following sections.
Denial of Access
Inspectors may be denied access for several reasons, some of which may be valid. Inspectors can
reasonably be denied access if they do not have the safety equipment required by a facility (per OSHA or
NIOSH requirements). In such a case, it will generally be possible to obtain access by satisfying the
owner/operator's objection (e.g., by returning on another day with the required safety equipment).
Inspectors do not usually need a warrant to obtain access in such cases.
Legally indefensible actions resulting in denial of access include:
• An. owner/operator refusing to allow an inspector to bring in necessary equipment
(e.g., camera)
An owner/operator refusing an inspector access to documents
• An owner/operator refusing entry due to a strike and/or plant shutdown
• An owner/operator refusing entry due to an inspector's refusal to sign a waiver or
other legal document restricting the owner/operator's liabilities or obligations.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statements) contained herein.
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; Response to Denial of Access
Ask the reason for denial
If the problem is beyond the inspector's authority, suggest that
the official contact an attorney to obtain legal advice on his/her
responsibility under §3007 of RCRA
Do not, under any circumstances, discuss potential penalties or
do anything that might be construed as threatening
If access is still denied, fill out a "Denial of Access Report" (the
format is set forth in Exhibit 4.1) (obtain the signature of the
facility representative if possible)
Leave the premises and document any observations made
pertaining to the denial, particularly any suspicion of violations
Report all aspects of denial of access to the appropriate
Regional or state enforcement division to determine the
appropriate action to take and to get help in obtaining a search
warrant
A federal or state enforcement division attorney should assist
the inspector in preparing the documentation necessary to
obtain a search warrant and in arranging for a meeting with the
inspector and a U.S. or State Attorney (the inspector or attorney
will bring a copy of the appropriate draft warrant and affidavits
to the meeting)
For federal inspections, the enforcement division attorney will
inform the appropriate EPA Headquarters enforcement attorney
or equivalent of any entry refusals and will forward copies of all
papers filed
The attorney will then secure a warrant and forward it to the
inspector and/or the U.S. Marshal or equivalent state law
enforcement authority.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statement(s) contained herein.
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Exhibit 4-1
Format for Denial-of-Access Report
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory
requirements are in any way altered by any statements) contained herein.
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Use of Warrant to Gain Access
Inspectors should keep the following points in mind when seeking access to a facility under a
search warrant:
• A U.S. Marshal or local law enforcement officer should accompany inspectors if the
probability is high that entry will still be refused, or if the owner/operator has made
threats of violence
• Inspectors should never attempt to make forceful entry into a facility
• If an owner/operator refuses entry to an inspector with a warrant and the inspector is not
accompanied by a U.S. Marshal or local law enforcement officers, the inspector should
leave the facility and inform an enforcement division attorney.
Conducting an Inspection Under Warrant
The procedures for conducting an inspection under a search warrant will differ from
those for conducting an inspection under normal circumstances.
Procedures for Inspection Under Warrant
The inspection must be conducted in strict accordance with the warrant. If
the warrant restricts the inspection to certain areas or to certain records,
inspectors must comply with these restrictions.
If sampling is authorized, all procedures must be carefully followed,
including presentation of receipts for all samples taken. The facility should
also be informed of its right to retain a portion of the samples obtained by
inspectors.
If records or property are authorized to be taken, inspectors must provide
receipts and maintain an inventory of all items removed from the premises.
Sealing With Threats
The receptiveness of facility officials to an inspection will vary from facility to facility. In
general, most inspections proceed without difficulty. However, in some cases, facility representatives may
threaten inspectors trying to obtain entry to the facility or during the course of an inspection (e.g., when
trying to obtain access to a particular portion of a facility or after an inspector suggests the existence of a
violation).
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory
requirements are in any way altered by any statements) contained herein.
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Inspectors should determine the appropriate course of action for managing a threat based
upon the nature of the threat and the actions of facility officials. If threatened with violence,
inspectors should terminate an inspection and follow procedures presented in the section entitled "Denial
of Access." In such cases, inspectors should not return to the facility unless accompanied by a U.S.
Marshal or local law enforcement officer. Inspectors will probably need to obtain a warrant in these cases.
If inspectors receive threats that do not involve a threat of physical harm (e.g., a threat to call the
inspector's supervisor), they will not generally need to terminate the inspection, unless the owner/operator
withdraws consent or denies access in addition to making a threat. In such a case, inspectors should
follow the relevant procedures discussed in previous sections. They should also be certain to note the
threats in their field log.
m Inspectors must avoid making any statements to facility representatives that could be
construed as threatening or inflammatory.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statement(s) contained herein.
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OSWER Dir. No. 9938.02(b)
4.3 Opening Discussion
When inspectors locate proper facility authorities and present their identification, it may be
appropriate to discuss their inspection plans with facility officials.
AGENDA FOR OPENING MEETING ¦ , '
Outline inspection objectives—this will inform facility officials of the purpose and scope
of the inspection and may help to avoid misunderstandings.
Provide management with information on RCRA—during an initial inspection,
inspectors may wish to discuss the provisions of RCRA and any new requirements that may
affect the facility, as well as furnishing a copy of the Act. Acting in this manner, inspectors
are regarded as sources of regulatory information and can help strengthen Agency-industry
relations.
Establish the order of the inspection—discussing the sequence of the inspection will
eliminate wasted time by allowing officials time to make records available and to start
intermittent operations.
Establish meeting schedules—scheduling meetings with key personnel will avoid time
wasted in waiting for people to become available. Inspectors should obtain business cards
from all persons interviewed during the inspection.
Arrange for accompaniment by facility personnel—during compliance inspections, it is
helpful if a facility representative accompanies inspectors to explain operations and to
answer questions.
Schedule a closing conference—a wrap-up meeting should be scheduled with appropriate
officials to provide a final opportunity to gather information, to answer questions, and to
complete administrative duties.
Advise management of the availability of duplicate samples—the facility has a right to
request, and receive immediately, duplicates of any samples collected during the inspection
for laboratory analysis, as well as copies of subsequent analysis results (if an enforcement
case is not pending or being pursued).
Gather general information—inspectors should obtain any necessary general information,
such as the name and address of the chief executive officer of the facility.
Ascertain whether the owner/operator is going to claim any information as confidential
business information—an owner/operator should inform inspectors if and when
information is confidential. If an owner/operator does make a claim of confidentiality,
inspectors should provide the appropriate forms.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No stafutoiy or regulatory
requirements are in any way altered by any statemert(s) contained herein.
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Inspectors should establish charge of an inspection during the opening discussion with the
owner/operator. However, inspectors should be sensitive to the need to avoid, as much as possible,
disrupting a facility's operations.
Throughout an inspection, inspectors should consider themselves to be investigative reporters
searching for information that shows non-compliance with regulations. If inspectors diligently question
facility personnel and observe operations,' they will be able to discern inconsistencies in what they see,
hear, and have previously reviewed, leading to possible findings of violations.
Inspectors must pursue inconsistencies until thev are resolved. For example, if a facility is using
a commercial solvent that generates a listed waste, but does not report that it is generating that waste,
inspectors should determine what happens to the solvent. Questions: "Where is the solvent used in the
plant?" "Is it all consumed during use?" Inspectors must then decide if the facility representative's
explanation is plausible, and whether it is consistent with the inspector's observations and knowledge.
Inspectors should pursue inconsistencies until they are satisfied that they either constitute a violation
or do not.
Holding an opening discussion immediately after receiving access to a facility may not be
appropriate in all cases. Depending upon the objective of an inspection, inspectors may want to see
particular operations or locations in a facility prior to an opening discussion. For example, in an
unannounced inspection of a facility with a suspected violation, an inspector may want to go directly to
the site of the suspected violation to observe the violation before the owner/operator can stop, conceal, or
otherwise obscure the non-complying operation or condition. .
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory
requirements are in any way altered by any statements) contained herein.
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4.4 Operations, Waste
Handling, and Record
Review
Discussion of Operations and Waste Handling
Following an opening discussion, inspectors should have facility representatives describe
facility operations and waste generation and management practices. In general, inspectors will have
become familiar with a facility through previous review of the facility's file. Therefore, the purposes of
the discussion will be to:
• Obtain a more detailed understanding of operations
• Answer any questions inspectors may have regarding waste generation, waste flow, and
waste management activities
• Identify any changes in operating and/or waste management practices
Identify and reconcile any discrepancies between the operations described by the facility
representative and those described in the facility file.
I
During this discussion, inspectors should prepare waste information sheets (included in Appendix IV) on
each waste managed at the facility.
Record Review
After discussing facility operations and waste handling practices, inspectors usually
proceed to the record review. The record review provides inspectors with the opportunity
to become thoroughly familiar with a facility and to formulate specific questions to be
investigated during the visual inspection of the facility. However, the record review does
not have to occur before the visual inspection. In some cases, inspection objectives may be
best served if the visual inspection occurs before the record review, or the visual inspection
may be performed first for other reasons (e.g., availability of facility personnel or weather
conditions).
RCRA inspectors are responsible for reviewing all recordkeeping, as required of the
owner/operator. Although no standard format is required, inspectors should check for: 1) the presence of
required records or plans, 2) dates of the documents to ensure the documents are kept up-to-date and/or
maintained for the required period, and 3) any suspected falsification of data.
The regulatory requirements under Parts 262, 263, 265, 266,-268, 270, and 279 mandate that the
following records be maintained by regulated parties:
F
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statement(s) contained herein.
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Records To Be Maintained By
Regulated Parties
1.
Generators:
• 262.34 - Job titles and personnel records, agreements with local authorities, and contingency
plan.
• 262.40 - Manifests, biennial reports, exception reports, and waste analyses and test results (or
other bases for determining the hazardous nature of a waste and its classification).
• 268.7 - Land disposal notification and certification.
2.
Transporters:
• 263.22- Manifests, shipping papers for bulk shipments by rail or water, and manifests for
foreign shipments
• 279.46 - Tracking records for shipments of used oil.
3.
Treatment, Storage, and Disposal Facilities:
• General facility standards, including the following:
265.13- Waste analysis plan
265.15 - Inspection schedule
265.16 - Job titles and personnel records
265.51,53 - Contingency plan
265.71-77 - Manifest system (records of manifests)
265.73 - Operating record
265.93 - Outline of ground-water monitoring plan
265.94 - Ground-water monitoring record
265.112 - Closure plan
265.118- Post-closure plan
268.7 - Land disposal notification and certification
268.19(d) - Special notification for characteristic wastes.
• Facility-specific standards, including the following:
265.193(i)- Annual assessment for tanks
265.196(f) - Certification of major repairs ,
265.197(2)- Contingent post-closure plan
265.279 - Land treatment, requirements for operating record and closure plan
265.309 - Landfills, requirements for operating record, contents and organizations of
cells, and closure plan >
265.440(c) - Drip pad contingency plan
265.441(a)- Drip pad evaluation
265.441(b)- Drip pad upgrade plan
265.443(a) - Drip pad assessment
265.443(b) - Drip pad waste collection system cleaning
266.42 - Used oil analysis
266.44 - Used oil fuel analysis
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or regulatory
requirements are in any way altered by any statements) contained herein.
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Records To Be Maintained By
Regulated Parties (Continued)
3.
Treatment, Storage, and Disposal Facilities: (continued)
266.100(c) - Boiler and industrial fumace exemption for metals recovery units
266.103(k) - Boiler and industrial furnace operating record
266.108 - Small quantity boiler and industrial fumace burner exemption waste quantity
records
266.111 - Direct transfer equipment inspection records for boilers and industrial furnaces
266.112 - Boiler and industrial furnace waste residue data
270.30 - Permits, requirements for monitoring information
(Subparts F & G).
• Required submittals to the Regional Administrator (see Exhibit 4-2).
4.
Part A Permit Applicants (interim status TSDFs):
• 270.10 - Data used to complete permit applications.
• 270.30 - Records of all monitoring information.
5..
I
Used Oil Processors and Re-Refiners
• 279.55 - Used oil analysis plan.
• 279.56- Tracking records.
• 279.57 - Operating record.
• Required submittals to the Regional Administrator (see Exhibit 4-2).
6.
Off-Specification Used Oil Burners
• 279.65 - Tracking records.
• 279.66 - Off-specification used oil certification.
• Required submittals to the Regional Administrator (see Exhibit 4-2).
7.
Used Oil Fuel Marketers
<
• 279.72 - Analysis of used oil fuel.
• 279.74 - Tracking records.
• 279.75 - Off-specification used oil certification.
• Required submittals to the Regional Administrator (see Exhibit 4-2).
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Exhibit 4-2
Required Submittals to the Regional Administrator
Section 265.11
EPA identification number.
Section 265.12
Notice of date of arrival of hazardous waste from a foreign source.
Section 265.56
In cases of releases, fires, or explosions, notification by emergency
coordinator that an affected area is adequately cleaned before
operations are resumed.
Written report by emergency coordinator on emergency incident, within
15 days of incident.
Section 265.72
Manifest discrepancy report within 15 days of receipt of waste.
Section 265.74
Upon closure, copy of records of waste disposal locations and quantities.
Section 265.75
Biennial report.
Section 265.93
In cases of confirmation of analyses indicating significant increase (or pH
decrease), a written notice that the facility may be affecting ground-water
quality within 7 days of date of such confirmation.
Within 15 days after above notification, specific plan for a ground-water
quality assessment program at the facility.
After determination of the above ground-water quality assessment,
written report containing an assessment of ground-water quality and/or
indicating a reinstatement of the indicator evaluation program.
Section 265.94
Recordkeeping and reporting: ground-water monitoring information as
specified.
Annual reports of Section 265.75 contain results of ground-water quality
assessment program.
Section 265.115
Certification of closure.
Section 266.103
Certifications of pre-compliance and compliance.
Section 270.110
Permit application and amendments.
Section 279.51
EPA identification number.
Section 279.57
Biennial report.
Section 279.62
EPA identification number.
Section 279.73
EPA identification number.
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requirements are in any way altered by any statements) contained herein.
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While performing a record review in accordance with the applicable regulations, inspectors may
encounter problems in accurately interpreting the regulations. Therefore, the Agency has made available
a number of guidance documents and lists of background documents that will aid both inspectors and the
regulated community to comply with the recordkeeping requirements of Subtitle C. These are presented
in Appendix V of this Manual. A complete catalog of background documents can be obtained from the
RCRA Superfund Industrial Assistance Hotline at 1-800-424-9346 (in the Washington, D.C. area, 703-
412-9810).
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requirements are in any way altered by any statements) contained herein.
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4.5 Visual Inspection
Procedures
ec{ In general, the visual inspection of a facility should proceed in accordance with an
inspection plan or strategy that inspectors develop during inspection planning. As
previously discussed in Section 2.6 above, this plan should outline, in the level of detail
considered appropriate by inspectors, the operations they intend to inspect and the
tentative order in which they will conduct the inspection^ Inspectors may, however,
determine that it is appropriate to modify a plan based upon information obtained
during the record review or other factors, such as the availability of specific personnel
for interviewing or the scheduled operations of waste management units to be
inspected.
Inspectors should change their planned approach, as needed, to accommodate conditions
they encounter at a facility.
Step-bv-step procedures for visually inspecting a facility will vary according to the type of facility
and the objectives of the inspection. Specific procedures for inspecting facilities for compliance with
particular RCRA standards are organized by regulation in Appendix III to this document. That appendix
provides a summary of RCRA standards and describes detailed suggested inspection procedures for
determining compliance with Parts 262, 263, 268, and the general facility standards of Parts 264, 265,
and 266.
IT' wp Generic checklists, which may serve to guide inspectors in performing inspections and in
recording results of inspections, are provided in Appendix IV of the Manual. Regional offices
and state agencies may have developed their own checklists that should be used in lieu of
those provided in Appendix IV.
Inspectors should conduct inspections in a way that allows them to evaluate and understand the
waste flow within a facility and to determine the compliance status of each segment of the facility's waste
management system.
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EXAMPLE
In ABC Manufacturing's plant, which generates hazardous waste, stores waste for off-site disposal,
and treats some waste on-site, an inspection COULD proceed as follows:
Evaluate Storage and
Treatment Units for
Compliance
Determine if ABC Manufacturing has identified all
hazardous waste by following the manufacturing
process and identifying each point at which
hazardous wastes are generated and where they
are stored. Determine if accumulation points meet
satellite storage area requirements, if applicable.
Identify waste minimization opportunities.
Determine if there is potential for mislabeling,
misplacing, or mishandling wastes, and if wastes
are adequately tracked to enable proper
identification at storage and treatment units.
Determine if wastes in units correspond to those
whose points of generation have been inspected,
and identify the source of any other wastes in the
units. Determine if any hazardous wastes are
generated in the unit (e.g., treatment sludge) and
evaluate the management of such waste for
compliance.
The progression of steps described above enables inspectors to understand the movement and
control of wastes within a facility. Inspectors will then be able to identify:
• Hazardous wastes that may not currently be considered hazardous by the owner/operator
Non-complying procedures or management practices that are part of the facility's routine
operations
• Steps in the management process during which wastes may be mishandled or
misidentified, and in which there are opportunities for spills or releases
• Unusual situations which may be encountered during an inspection that vary from the
facility's stated normal operating procedures and that may indicate potential violations.
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Such a progression also allows inspectors to complete a checklist and to evaluate the facility in an
organized manner, helping to ensure that all aspects of hazardous waste management activities at the
facility are thoroughly inspected.
Inspections may be conducted completely on foot or, at larger facilities, partially by vehicle. In
any case, inspectors should note all that is happening at the facility. Although inspectors should generally
follow an inspection plan to better understand waste generation and management within a facility, they
should not feel compelled to adhere to their original inspection plan or route. Rather, they should feel free
to diverge from their original plan to further investigate any observations that may uncover potential
violations or environmental hazards.
As stated earlier, inspectors should maintain control of the pace and direction of an inspection.
They should ask relevant questions of both the facility representative guiding them through the facility
and of other personnel. By questioning diverse personnel, inspectors may identify inconsistencies in
explanations of procedures or operations that could indicate possible non-compliance that they should
further investigate, and get an indication of the adequacy of the personnel training program. Inspectors
should record answers to questions and observations in a field log or notebook, which is discussed in
Section 4.6.
Inspectors should be careful to remain oriented during the tour of a facility so that they
can accurately note locations of waste management areas, possible release points,
potential sampling locations, etc. At larger facilities, inspectors should carry a map or
plot plan in order to note locations and maintain their orientation.
Use of Inspection Checklists
As previously discussed, inspectors should complete as much of applicable checklist(s) as
possible in the facility office, generally during the record review, prior to visually
inspecting the facility (unless the objectives of the inspection or other circumstances
dictate that the visual inspection occur before the record review). Inspectors should leave
blank those sections of checklist(s) that require visual inspection to complete.
During the visual inspection, inspectors should complete those sections of checklist(s) requiring
visual inspection. However, completing these sections is not the sole purpose of a visual inspection, and
the inspector must not limit the visual inspection to only completing the checklist. Inspectors should be
aware of, and investigate, all relevant waste generation and management activities throughout the facility,
and note what is happening around them as they tour the facility. If inspectors conduct visual inspections
in ways which allow them to understand how wastes are generated, transported, and managed at the
facility (as previously discussed), they should'be able to complete the applicable checklists easily during
the inspection and obtain other important information.
N
hJh
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Determining the Need for Sampling and Identifying Sampling Points
Inspectors do not routinely conduct sampling as part of CEIs at interim status and
permitted facilities. Rather, they generally perform sampling during inspections in support
of case development, which normally occur after potentially non-complying conditions of
criminal activities have been identified during a CEI or through some other means.
Sampling procedures to be followed during case development inspections/evaluations are
provided in detail in the Technical Case Development Guidance Document. OSWER Dir.
9938.3 (1988), available from the Office of Waste Programs Enforcement. Additional
information on sampling is provided in several EPA publications, including:
Test Methods for Evaluating Solid Waste. Physical/Chemical Methods. EPA Office of
Solid Waste, Pub. No. SW-846, July 1982, as amended (Update I - April 1984; Update II
- April 1985)
Characterization of Hazardous Waste Sites - A Methods Manual. Volume II. Available
Sampling Methods. EPA. Pub. No. 600/4-84/075, April 1985.
If inspectors are to conduct sampling during a CEI, they will determine this, or be so informed,
during inspection planning. Inspectors should refer to the above mentioned manuals during inspection
planning to obtain information on preparing sampling plans, taking samples, preserving samples, splitting
samples with an owner/operator, and completing chain-of-custody requirements.
Although inspectors will not usually perform sampling during CEIs, they should be aware
of, and identify, potential sampling requirements that may need to be fulfilled in future
inspections, particularly in cases where an inspector has identified potentially non-
complying conditions or criminal activity. In these cases, it is possible that case
development inspections/evaluations will need to be performed at the facility in the future.
Some conditions indicating a possible need for future testing include:
The owner/operator is handling a potentially hazardous waste as a non-hazardous
waste—sampling may be required to verify that the waste is hazardous or non-
hazardous.
In-plant waste handling practices indicate that mislabeling/ misidentification of waste is
likely to occur, or that wastes may vary significantly in characteristic over time and be
mismanaged as a result—sampling may be required to demonstrate that the facility is
mislabeling or misidentifying wastes.
There is visible or other observable evidence of possible releases of hazardous wastes
from waste management units, satellite storage areas, waste generating areas, etc.—
sampling media and wastes may be required to demonstrate that a release has occurred
or is occurring.
Wastes may be managed improperly, i.e., in an inappropriate treatment or disposal
unit—sampling may be required to verify that the correct wastes are being managed in
the facility's various waste management units.
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To facilitate any future sampling, inspectors may identify the media or wastes to be sampled, the physical
locations at which sampling should occur (e.g., the location of a possible release), the steps within a
treatment process to sample, the physical characteristics of the medium to be sampled (e.g., sludge,
granular solid), and other relevant information.
Observations for Follow-Up Case Development
Observations of potentially non-complying conditions or criminal activity made by
inspectors during CEIs may result in the initiation of enforcement actions.
In all cases, inspectors should accurately and validly document all observations that may lead to
or support further case development activities. They should record in their notebooks any and all
observations made during an inspection and, where appropriate, use other forms of documentation (e.g.,
photographs) to further record potentially non-complying conditions. Documentation is discussed further
in Section 4.6 following.
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Documentation
Documentation refers to all printed arid mechanical media produced that inspectors copy or
take to provide evidence of suspected violations. It is strongly recommended that
inspectors record information collected during an inspection in the following types of
records only: field notebooks, checklists, photographs, maps, and drawings.
Recording information on other loose papers is discouraged; loose papers may be
easily misplaced and the information on them discredited during hearings. Proper
documentation and document control are crucial to the enforcement system, as the
Government's case in a formal hearing or criminal prosecution" often hinges on evidence
that inspectors gather. Therefore, it is imperative that inspectors keep detailed records of
inspections, investigations, photocopies, photographs taken etc., and thoroughly review all
notes before leaving a site.
Document control ensures accountability for all documents when an inspection is completed.
Accountable documents include items such as: logbooks, field datia records, correspondence, sample tags,
graphs, chain-of-custody records, bench cards, analytical records, and photos. To ensure proper document
control, each document should bear a serialized number and should be listed, with the number, in a
project document inventory assembled upon completion of an inspection. Water-proof ink should be used
to record all data on serialized, accountable documents.
Field Notebook
j In keeping field notes, inspectors should maintain a legible daily diary or field
-*5^ ' notebook containing accurate and inclusive documentation of all inspection activity,
conversations, and observations. This field notebook should also include any
comments, as well as a record of actual or potential future sampling points,
photograph points, and areas of potential violation. The diary or field notebook
should contain only facts and observations because it will form the basis for later
written reports and may be used as documentary evidence in civil or criminal
hearings. Notebooks used for recording field notes should be bound and have
consecutively numbered pages. A separate notebook should be used for each facility
inspected, in case the notebook has to be made available to the owner/operator and/or
his or her attorney as part of a legal action (e.g., through discovery). Because field
notebooks may be made available to owner/operators and their attorneys,
inspectors should be careful to avoid recording potentially embarrassing notes or
notes which may weaken any future enforcement action.
For federal inspectors, field notebooks are part of EPA's Regional files, not inspectors'
personal records. State policy on field notebooks may vary; thus, state inspectors are advised to
become familiar with applicable state policy.
4.6
m
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Checklists
In general, inspectors should use checklists in conjunction with field notebooks to record
inspection observations. However, Regions or states may have different policies on the use
of checklists, and inspectors should follow their applicable Regional or state policy. Also,
some inspectors may not be comfortable with checklists and should find a mechanism for
recording information consistent with his/her style.
Appendix IV of this document provides checklists for use by inspectors. In some cases, Regions
or states may have preferred checklists that should be used instead of the checklists provided here.
Inspectors should use the checklists preferred by their Region or state. Inspectors should not rely on
checklists as a substitute for knowledge and understanding of the regulations.
As discussed in Section 4.5, inspectors should remember that checklists are only a tool for
organizing, conducting, and recording the results of an inspection; they should not limit the scope of an
inspection in any way since completion of a checklist is not a valid goal. Inspectors should be observant
of the general operation of a facility, waste management practices, and potentially regulated activities not
covered by checklists (e.g., new activities of which they were not aware in planning the inspection) as they
perform the record review and visual inspection.
Inspectors should generally limit the scope of comments on a checklist to checking the relevant
answers, although more extensive comments may be made if no alternative record is available for noting
observations. It is recommended that comments or observations on checklist answers be recorded in the
field notebook, where there is adequate room for explanations, sketches, etc., to expand upon checklist
answers.
Photographs
Photographs provide the most accurate documentation of inspectors' observations, and
inspectors can use this significant and informative source for review prior to future
inspections, at informal meetings, and at hearings. Documentation of a photograph's
origin is crucial to its validity as a representation of an existing situation. Inspectors
should note, in a field notebook or on a facility map, the following information about each
photograph they take:
Date
Time
Number of the photo on the roll
Type of film, lens, and camera used
Signature of photographer
' Name and ID number of site
General direction faced by inspector when taking photograph
Location of checkpoint on site
Other comments (e.g., weather conditions).
Inspectors should limit their comments to these pertinent facts because any discussion of the photograph
in terms of its content could jeopardize its value as evidence.
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Inspectors may select the type of camera they will use, although 35mm single lens reflex cameras
are most common. Inspectors should also note that photographs taken with a telephoto lens may not be
admissible evidence as these lenses may distort the scale of the photo or image. When taking photos,
inspectors should include in the photograph a ruler or other item, as appropriate, for showing the scale of
an object photographed.
If inspectors have video cameras available to them, they are well-advised to employ them as an
excellent means of documentation. EPA anticipates that video cameras may gradually become standard
equipment to be used on inspections. Video cameras have the unique ability to capture verbal and visual
inputs simultaneously, thereby providing a more comprehensive picture of a facility. Inspectors should be
sure to display the date and time of their recording in the video itself.
EPA has not developed a specific policy pertaining to the use of video cameras on inspections.
Certainly, some facility owner/operators may object to their use by inspectors. Inspectors, therefore,
should be well-versed in their own offices' policies.
Maps and Drawings
Schematic maps, drawings, charts, and other graphic records can be useful in
documenting violations. They can provide graphic clarification of a particular site
relative to the overall facility; demonstrate spill or contamination parameters (e.g., the
size of a contaminated area) relative to the height or size of objects; and other information
that, in combination with other documentation, can produce an accurate and complete
evidence package.
Maps and drawings should be simple and free of extraneous details. Basic measurements should
be included to provide a scale for interpretation, and compass points should be included. Generally, maps
should also be used to show where photographs were taken, and in what direction; photo locations can be
shown on the map using the roll number, exposure (photo) number, and a direction arrow.
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4.7 Closing Discussion
Facility officials are usually anxious to discuss the findings of an inspection before inspectors
leave. Inspectors should hold a closing meeting or conference for the presentation and discussion of
preliminary inspection findings. During this meeting or conference, inspectors can answer final
questions, prepare necessary receipts, provide information about RCRA, and request the compilation of
data that were not available at the time of the inspection. Inspectors should also b.e prepared to discuss
general follow-up procedures, such as how results of the inspection will be used and what further
communications the Region or state may have with the facility. Inspectors should conduct closing
conferences in accordance with any applicable guidelines established by the EPA Regional Administrator
or state director.
APPROACH TO CLOSING DISCUSSION
When conducting a closing discussion, inspectors should:
• Review inspection notes and checklists in private prior to the closing discussion.
Inspectors may need to take time to refer back to applicable federal or state
standards, call their supervisor, talk with Regional or Headquarters counsel, or call
the RCRA Superfund Industry Assistance Hotline (1-800-424-9346 or, in the
Washington, D.C. area, 703-412-9810), to obtain a clear interpretation of the
regulations as they apply to the specific conditions at the facility. In general, at
this point, inspectors should:
1) Identify any questions that remain to be asked of facility officials. These
may include questions raised during the visual inspection that need
clarification and questions concerning potential violations uncovered during
the inspection of which the facility representative is unaware.
2) Determine which inspection results to discuss with the facility
representatives and how to approach the discussion, i.e., how definitively to
present results. Of course, all inspection findings are preliminary until
reviewed by an inspector's supervisor. However, inspectors should be
prepared to discuss all obvious violations of rules observed during the
inspection forthrightly; they should not suggest that an owner/operator of a
facility is in criminal violation of RCRA or that civil or criminal action will
be taken. Inspectors may not want to discuss tentative findings when there
is doubt that a violation has occurred and where they will reed to further
review facility conditions, regulations, and guidance to determine
compliance.
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APPROACH TO CLOSING DISCUSSION (Continued)
3) Anticipate questions that may be asked by the facility representatives and
determine how to respond. Obviously, questions that may be asked will
largely depend on inspection results. Inspectors can anticipate that a facility
representative may challenge specific results, ask for clarifications of rules
or results, and request help in understanding how to respond to or correct
non-complying conditions. Inspectors should be prepared to answer all
questions within their ability, authority, and knowledge, and to defer
answering questions that they cannot answer with certainty. Inspectors
should tell the facility representative how they will follow-up on deferred
questions, and may refer the representative to appropriate EPA or state
officials for answers to questions beyond their authority.
After completion of the first step, meet with the facility representatives to ask
questions, review results, and answer their questions. When presenting results,
inspectors should inform the facility representative that all inspection results are
preliminary and that the overall compliance status of the facility will be
determined after review of inspection results with supervisory personnel and the
issuance of an inspection report.
In conducting a closing meeting, it is essential that inspectors maintain a professional, courteous
demeanor, even though the attitude of facility representatives may not be cordial. Because inspectors are
often the only contact point between EPA or a state agency and the regulated industries, they should be
keenly aware of opportunities to maintain and improve agency-industry relations. The closing conference
provides a good opportunity for inspectors to offer various kinds of help to facility officials, within
appropriate limits. Having just completed an inspection, inspectors will have first-hand knowledge of
existing problems and solutions.
Improving Relations with the Regulated Community
Discuss problems with facility officials and tactfully offer help and suggestions,
as appropriate. Inspectors should limit their comments to relatively
straightforward interpretations of rules and resolutions of problems. They
should avoid providing any advice or assistance that would prejudice the
government's case in a subsequent enforcement action (e.g., making
guarantees that the facility would come into compliance by performing
certain actions, other than those specified verbatim in regulations).
Additionally, inspectors should be careful to avoid making suggestions that
might imply that a "consultant" type of relationship exists with the
owner/operator.
Offer or suggest available resources to facility officials to help overcome
specific problems or assist in their waste minimization efforts (e.g., Agency
outreach materials, technical publications, special services available to industry,
etc.).
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Contact with a facility after an inspection can lead to gathering of additional information and
demonstrate interest in the facility, but inspectors should exercise discretion in making such contacts.
Contacts should serve enforcement or compliance objectives. It is important for inspectors, as industry
relations representatives, to follow-up on deferred questions, referrals, and offers of help made during an
inspection. These activities, within appropriate limits (which may be set by Regional or state policy),
contribute towards achievement of a major enforcement objective: making regulated facilities come into,
or maintain, compliance. Communicating through letter, phone call, or repeat visit indicates to facility
officials that the regulatory agency is genuinely interested in assisting them achieve compliance (within
appropriate limits), and that the agency is paying attention to their efforts, or inaction, in achieving or
maintaining compliance.
Inspectors should never recommend a particular consultant or consulting firm to a facility,
even if asked to do so. However, inspectors may recommend that a facility contact a
professional society to obtain professional assistance.
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4.8 Summary
Although inspectors may exercise a certain amount of discretion in conducting an inspection,
certain rules and procedures should be followed to ensure the required level of consistency apd quality.
Inspectors must at all times maintain a professional approach to their work, even in the face of difficult
circumstances, and must concern themselves with detail.
Thorough information-gathering is central to any inspection effort and should
occur during all phases of the inspection discussed in this chapter:
Opening discussion
Discussion of operations and waste handling
Record review
Visual inspection
Documentation
Closing discussion.
18§
As the key link between EPA and state agencies and the regulated community, inspectors must also serve
as an information source for facilities.
Upon completion of an inspection, and appropriate documentation of findings, an inspector
is ready to prepare the inspection report, discussed in Chapter 5.
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5.0 Inspection Follow-Up
SECTION PAGE
5.1 Introduction 5-2
5.2 Report Preparation 5-3
Objective . 5-3
Report Preparation Procedures 5-4
5.3 Report Elements .. 5-5
v Narrative Information 5-5
Checklists 5-6
Documentary Support 5-6
5.4 Follow-up Discussions and File Preparation 5-9
Preparing Inspection Files 5-10
5.5 Disclosure of Official Information 5-11
Requests for Information........ 5-11
Confidential Business Information 5-11
5.6 Summary 5-13
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5.1 Introduction
In this chapter, inspectors will be informed of critical steps in the final phase of inspection
work—inspection follow-up. This includes preparation of the inspection report and related activities. As
the culmination of inspectors' efforts, this'phase must be undertaken in a consistent, thorough, and
comprehensive manner:
To successfully complete inspection follow-up, inspectors must:
Understand their objective(s)
Be familiar with procedures that can help reach the objective(s)
• Include all relevant information in their reports and files
• Ensure that inspection files are as current as possible
Perform in a manner consistent with applicable law.
All of these aspects of inspection follow-up will be thoroughly discussed below.
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5.2 Report Preparation
The report package that inspectors prepare following an inspection greatly impacts on the
adequacy of follow-up to correct problems or deficiencies noted during an inspection. Inspectors must
organize their reports in a manner that allows them and their supervisors to make maximum use of all
information. It is also essential that inspectors complete their reports expeditiously so that results are
available to support further enforcement actions, especially in situations where a facility has significant
violations or where other offices plan activities related to an inspected facility. Specifically, inspection
reports will support the following types of enforcement actions:
Administrative actions (warning letters, administrative orders, etc.)
Civil court actions
Criminal court actions.
This Manual presents a general method for reporting inspection findings and conclusions. A
recommended report format is included. Many Regions and states have preferred formats tailored to their
own specific procedures and requirements," but in cases where inspectors may not have a specific model to
follow, they will need to develop their own approach that meets all of the requirements outlined below.
Inspection reports must be well-written and should document
all key facts because they may become the focal point for an
enforcement action.
Objective
An inspection report should organize and coordinate all relevant information and evidence
gathered during an inspection in a comprehensive and usable manner. To meet this objective, the
information presented in an inspection report must be:
Accurate — All information must be factual and based on sound inspection practices;
observations should be the verifiable results of first-hand knowledge and must be
objective and factual.
• Relevant — Information in an inspection report should be pertinent to the subject of the
report; irrelevant data clutter a report and can reduce its clarity and usefulness.
Comprehensive — The subject of a report (e.g., suspected violations) should be
substantiated by as much factual, relevant information as possible. The more
comprehensive the evidence is, the better and easier the case development process
becomes. ¦ '
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Coordinated — All information pertinent to the subject should be organized into a
complete, well-organized, lucid package. Documentary support (photographs,
photocopies, statements, sample analyses, etc.) accompanying the report should be
clearly referenced so that any interested party reading the report gets a complete and
clear overview of the subject. Additionally, the report should be neat and legible.
Report Preparation Procedures
Inspectors should follow four basic steps when preparing inspection reports, regardless of the
specific nature of the elements/contents. Each of these steps is briefly described here:
Step 1:
Step 2:
Step 3:
Step 4:
Review Information: When preparing a report, inspectors should gather all
information developed during the inspection. More specifically, inspectors should
assemble checklists, field notebooks, photos, maps, photocopies, and drawings and
review the material for relevance and completeness. When gaps in information are
discovered, inspectors should obtain necessary data by calling the facility
representative or, in unusual circumstances, conducting a follow-up visit.
Organize Material: Inspectors may organize their information in one of several
ways, depending on the requirements of the agency the inspector represents.
However, the report should always include each of the items mentioned in Step 1
above and should present the information in a logical, comprehensive manner. The
narrative should be easily understandable (a cross-referencing system with the
checklist can be useful).
Reference Accompanying Material: Inspectors should clearly reference all
documentary support that accompanies an inspection report so that any reader can
easily locate relevant documents. Inspectors should check all documentary 'support
for clarity prior to writing an inspection report.
Write the Narrative Report: After gathering all appropriate information,
inspectors can write the narrative section of the inspection report. The narrative
report presents a factual record of the procedures used in the inspection and of the
resulting findings. Using the field notebook as a guide for preparing the narrative
report, inspectors should refer to the routine procedures and practices used during
the inspection, but should describe in detail facts relating to potential violations and
discrepancies.
Inspectors should reference any confidential business information included in the inspection
report in a nonconfidential manner (i.e., by Document Control Number and a general description of the
information contained in the document). Inspectors may also include the confidential -information and
treat the entire inspection report as a confidential document. If they select the latter alternative, inspectors
must log the report with the Document Control Officer to ensure that only persons cleared for access are
permitted to review it.
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5.3 Report Elements
Although the specific information about a facility that must be included in an inspection report
will vary, each report will usually be composed of three elements: narrative information, checklists,
and documentary support. Suspected violations must be documented through employment of these
elements, each of which is described below.
Narrative Information
A narrative discussion of the facility inspected, its operations, and the findings of the inspection
is a key element of an inspection report. The narrative should, at a minimum:
' • Explain the overall nature of a facility's activities
• Discuss manufacturing and waste management operations at the facility
Describe the generation and handling of wastes
• Describe apparent violations, and discuss the documentary evidence supporting a
determination that a facility has a violation.
The narrative explains and supports findings presented in any inspection checklists included in the
inspection report (discussed below). The narrative also may include recommendations for follow-up
actions. A recommended outline for a narrative discussion is presented in Exhibit 5-1.
Inspectors should present narrative information in a simple manner.
Tips for Effective Narrative Discussion
• Use a simple writing style; avoid stilted language
Use active rather than passive voice (e.g., "I observed ..." rather
than "It was observed ...")
• Keep paragraphs brief and direct
• Avoid repetition
• Proofread the narrative carefully upon completion.
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requirements are in any way altered by any stalement(s) contained herein.
No statutoiy or regulatory
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Checklists are designed to lead to the collection of standard reviewable information.
They function as guides to ensure that inspectors collect all basic data. As discussed in
Chapter 4 of this Manual, inspectors generally complete checklists as they progress
through an inspection. In instances where checklist(s) require further clarification and
elaboration, inspectors should use the information they recorded in their field notebooks
and other information (e.g., from the inspection file) to expand upon checklist results in
the narrative body of the inspection report. Inspection checklists are only one
component of a complete report; they are not sufficient in and of themselves. The
checklists that inspectors use and include in reports will vary according to individual state
and Regional procedural requirements.
Documentary Support
Inspectors should include, as part of their inspection reports, all documentation that is intended
to provide evidence of suspected violations. Such documentation may include: statements, photographs,
photocopies, drawings and maps, printed matter, mechanical recordings, and copies of permits and
records. The information that inspectors should record in field notebooks and on facility maps to
document photographs is discussed in Chapter 4 of the Manual.
Checklists
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Exhibit 5-1
Recommended Narrative Outline for Inspection Report
GENERAL INFORMATION
Facility Information
(Name, Address, Telephone Number)
Facility Representative
(Name, Title)
Inspection Participants
(Name, Agency or Company)
Date of Inspection
Applicable Regulations
40 CFR Parts 260-272
Purpose of Inspection
(Requested by ...; inspection of...; sampling of...; etc.)
State Coordination
(Assisted by...; Copy of report to Additional information
obtained from...)
Facility Description
(RCRA related activities, including operations, wastes generated,
waste handling operations, etc.)
Violations Observed or
Alleged
(Regulatory citation; nature of violation; evidence)
FOR GENERATORS
General Standards for
Generators
Parts 262.10 - 262.12 (Describe compliance with these
standards)
The Manifest
Parts 262.20 - 262.23 (Establish existence of manifest records;
assess adequacy with respect to regulatory requirements)
Pre-Transport
Requirements
Parts 262.30 - 262.34 (Review packaging, labeling, marking, and
placarding procedures for compliance with the regulations;
establish compliance with accumulation time restrictions)
Recordkeeping and
Reporting
Parts 262.40 - 262.43 (Establish existence of annual reports and
additional reports)
Special Conditions
Parts 262.50 - 262.51 (Inspect for reports of international
shipments of waste, and proper notification to the Administrator)
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Exhibit 5-1 (Continued)
Recommended Narrative Outline for Inspection Report
FOR TRANSPORTERS
General
Parts 263.10 - 263.12 (Ensure that the transporter has obtained
an EPA I.D. number and only stores waste at transfer facilities
for fewer than 10 days)
Manifest System and
Recordkeeping
Parts 263.20 - 263.22 (Establish existence of manifest records
and compliance with manifest procedures)
Hazardous Waste
Discharges
Parts 263.30 - 263.31 (Ensure that transporter is aware of
responsibilities under these sections; check to see if any
discharge reports have been made to the Department of
Transportation as required by these regulations)
FOR TSDFs
General Facility Standards
Parts 264/5.10 - 264/5.18 (Describe compliance with standards)
Preparedness and
Prevention
Parts 264/5.30 - 264/5.37 (Check for required equipment and
arrangements with local authorities)
Contingency Plan and
Emergency Procedures
Parts 264/5.50 - 264/5.56 (Check records and procedures for
adequacy with respect to the requirements of these sections)
Manifest System,
Recordkeeping, and
Reporting
Parts 264/5.70 - 264/5.77 (Establish existence of manifest
records, operating record, annual report, and unmanifested waste
report; assess adequacy with respect to regulatory requirements)
Groundwater Monitoring
Parts 264/5.90 - 264.99 or 265.94 (Examine ground-water
monitoring plan and review results of sampling analysis)
Corrective Action Program
Parts 264.100 - 101 (Review status of corrective action program)
Closure and Post Closure
Parts 264/5.110 - 264/5.120 (Review closure and post-closure
plans for adequacy with respect to regulatory requirements)
Facility Specific Standards
Parts 264/5.170 - 264.603 or 265.445 and Parts 264/5.1100 -
1102 (Depending upon the type of facility being inspected,
establish compliance with the appropriate regulatory standard)
Permit Conditions
(For permitted facilities, review violations of specific permit
conditions or schedules of compliance)
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5.4 Follow-Up Discussions
And File Preparation
In many cases, inspectors will brief their supervisors on inspection results (particularly
observed violations). Inspectors may also brief the Regional Case Development Officer (RCDO),
equivalent state case development officer, or enforcement decision group on an inspection. These
briefings may be given to:
Assist in determining the need for possible enforcement action
• Answer questions about performance of the inspection
Clarify inspection results to develop additional evidence in support of enforcement case
development.
In addition to these briefings or discussions, inspectors may need to discuss results with other
Regional or state personnel as appropriate.
Briefing Required?
Where inspectors have referred a facility representative to other
Regional or state personnel for information or assistance. These
personnel should be contacted by the inspector and briefed about
conditions at the facility and the types of questions that they should expect
to receive.
* Where a facility is subject to both federal and state enforce-ment, and
inspectors , observe potential violations at units not within their
jurisdiction. Inspectors should contact the Regional or state agency with
enforcement authority over the unit(s) with violations. Regions and states
may have policies concerning the need to consult with other agencies with
which they share joint authority over hazardous waste management
facilities; inspectors should become familiar with and follow policies
applicable to their respective jurisdictions.
• Where a facility has applied for a permit, or is operating under a
permit, and where inspectors identify conditions that conflict with
those presented in the permit application or required in the permit If
a facility has applied for a permit, and conditions at the facility are not
consistent with the application, inspectors should inform the permit writer
of the conflicting conditions. If the facility has been permitted, and
conditions are not consistent with the permit, the conditions may
constitute violations unless a modification has been granted. In such
cases, inspectors should confer with the permit writer on the observed
conditions and any modifications which the facility may have applied for
or discussed, with the permit writer, prior to determining how to present
these conditions in an inspection report.
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Preparing Inspection Files
Upon completion of an inspection report, inspectors should organize the report,
supporting notes, and other documentary information into an inspection file. If
inspection documentation includes confidential business information (CBI), inspectors
should separate the information into two files, one non-confidential and the other
confidential. >
Properly organizing the inspection information into files so that material can be easily reviewed
by inspectors or other interested Agency officials helps expedite review of inspection results to determine
possible enforcement actions. For EPA inspections, inspection files are normally sent to RCDOs for
review. The RCDO reviews the file in depth to determine the information's adequacy for purposes of
supporting any necessary enforcement actions and substantiating elements of a violation. The result of the
review will generally be a recommendation to proceed with an enforcement action or to dismiss violations
as unworthy of prosecution. For state inspections, state inspection files may go through a similar review
by comparable state enforcement personnel.
The non-confidential inspection file should contain the inspector's report and all forms of non-
confidential documentation, which may include:
• Field notebooks
• Documents relating to sampling, as appropriate (e.g., custody records, analytical results)
• Photographs
Drawings and maps.
Where necessary, inspectors may need to prepare a CBI inspection file. This file should
include all CBI inspectors gather during an inspection, and the results of analyses for samples considered
to be CBI. Inspectors should follow relevant procedures for logging CBI with Document Control Officers,
or the state equivalent. The CBI inspection file can only be reviewed in accordance with RCRA CBI
control and security procedures. For more information on CBI procedures, inspectors should review the
RCRA Confidential Business Information Security Manual, available from the Office of Solid Waste,
Office of Program Management and Support.
R
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5.5 Disclosure of Official
Information
In addition to their inspection duties, inspectors are responsible for making information
available to the public. This section describes how to handle requests for general information and the
procedures for managing confidential business information.
Requests for Information
EPA's "open-door" policy on releasing information to the public strives to make information
about EPA and its work freely and equally available to all interested individuals, groups, and
organizations. In fact, EPA employees have both a legal and traditional responsibility for making useful
educational and safety information available to the public.
This policy, however, does not extend to all information. When information related to
suspicion of a violation, evidence of possible misconduct, or confidential business information is
requested, personnel should immediately notify their supervisor and/or legal counsel.
Representatives of state agencies may use EPA's policies on information disclosure as a
guide in the absence of formal procedures of their own.
Inspectors should clear any contacts with the press, other communications media, and
interested groups with their supervisor, Regional public affairs office, or state public affairs
X. j office, as appropriate. Inspectors should be familiar with and follow Regional or state policy
regarding press relations.
In situations where inspectors or an inspection team are authorized to discuss activities with the
press or interested groups, one person should be designated as the spokesperson to provide information
concerning inspection responsibilities and investigative activities. Inspection teams should refer questions
concerning investigation of alleged violations and enforcement policy to the .EPA Regional Counsel or
appropriate state enforcement staff attorney for response. In all contacts with the media, inspectors should
be careful not to make careless or accusatory statements.
Confidential Business Information
All confidential information obtained will be identified as such and placed in a locked filing
cabinet or safe. Only authorized personnel will be allowed access to the file. No copies of CBI will be
made unless authorized in writing by the document control officer. Inspectors and other enforcement
personnel have a responsibility to the submitters of RCRA CBI to maintain the confidentiality of such
information. Personnel handling CBI are prohibited from disclosing, in any manner or to any extent not
authorized by law, any RCRA CBI they have access to in the course of their employment or official duties.
Requests for access to confidential information by any member of the public or by a state, local, or federal
agency will be handled according to the procedure described in the Freedom of Information Act
regulations (40 CFR 2). All requests will be referred to the responsible Regional organizational unit.
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Section 3001(b) of RCRA and 40 CFR 2.305(h) authorize EPA to furnish CBI to state agencies
acting as authorized representatives of the United States in support of RCRA, provided the state agency
has its own CBI procedures approved by EPA. State and Regional RCRA CBI procedures vary.
Inspectors must become familiar with their specific procedures prior to obtaining CBI authorization
access.
Confidential claims for RCRA should not be confused with confidential claims under other
environmental laws (e.g., Toxic Substances Control Act).
For more detailed information, inspectors should consult the RCRA Confidential Business
Information Security Manual. Office of Solid Waste, U.S. EPA, Draft, March 1984.
Contract inspectors must provide the same degree of protection to RCRA CBI that EPA or an
authorized state agency provides. Although the contractor protection of CBI must be equivalent to EPA,
the nature of contracts is such that the specific procedures are somewhat different. Contract inspectors
should first consult Contractor Requirements for the Control and Security of RCRA Confidential Business
Information. Office of Solid Waste, U.S. EPA, March 1984.
Unauthorized disclosure of RCRA CBI may subject an employee to criminal
penalties under 18 United States Code (USC) Section 1905. Violations of RCRA CBI
procedures by employees may result in the revocation of CBI authorization access
and/or further disciplinary action.
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5.6 Summary
To ensure that all of their hard work preparing for and conducting an inspection has been
worthwhile, inspectors must focus on all of the necessary follow-up work. This includes:
Report preparation
Follow-up discussions with appropriate
personnel
Preparation of an inspection file
Appropriate handling of requests for information
and CBI.
It is critical that reports and files be prepared in such a manner that they will be useful in future case
development, inspections, and other activities.
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Appendix I
Keeping Up with Current
RCRA Regulatory Concerns
SECTION PAGE
I. Overview. 1-2
II. RCRA Developments .. 1-4
Air Emissions Subpart CC . 1-4
Boilers and Industrial Furnaces ! 1-4
Corrective Action Management Units 1-5
Land Disposal Regulations 1-5
Mining Waste . 1-7
Mixtures ajid Derived-From Rules 1-7
OSHA/EPA Relationship 1-8
Pollution Prevention ; 1-10
T oxicity Characteristic 1-12
Uhiversal Wastes 1-12
Used Oil '. 1-13
Wood Preserving. 1-13
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Appendix I
Keeping Up with Current
RCRA Regulatory Concerns
Overview
Inspectors should keep up to date with changes in the RCRA regulations and
requirements (or equivalent State regulations and requirements, as appropriate).
The complete RCRA regulations are published annually in Title 40 of the Code of
Federal Regulations (CFR). However, regulations Amending or adding to the CFR
may be promulgated by EPA at any time during the year; such amendments or
additions are published in the Federal Register, which is published daily and can be
reviewed in EPA Regional libraries.
The annual edition of the CFR includes all revisions made to the CFR that have been
published in the Federal Register during the previous year. The annual revision of Title 40 of the
CFR, which contains the RCRA hazardous waste regulations (40 CFR Parts 260-272), is usually
available in January, and usually reflects changes to the regulations promulgated through July.
Thus, the 1993 edition of Title 40 will appear in January, 1994, and reflect all amendments or
additions made to the RCRA regulations through July 1, 1993.
Keeping up with changes to the regulations made during the year can be difficult. Here are
some suggestions:
• To help interested parties keep track of newly promulgated or pending changes to
the RCRA regulations (and other environmental standards), EPA issues a semi-
annual listing of recently completed and pending regulatory actions. This listing,
the "Semiannual Regulatory Agenda," is published in the Federal Register, usually
in April and October of each year. The Agenda lists regulatory actions at the pre-
rule, proposed rule, final rule, and completed action stages. Generally, actions at
the final rule or completed action stage will be of most interest to inspectors.
Actions at the final rule stage include regulations that EPA expects to promulgate as
final rules within approximately one year; the Agenda provides a planned date of
promulgation, a synopsis of the rulemaking, and an EPA Headquarters technical
contact for. the rule. Completed actions generally include recently promulgated
regulations; the Agenda provides the date on which recently promulgated standards
were published in the Federal Register and provides the Federal Register citation
for the standards.
• EPA Headquarters also operates, with contractor assistance, the RCRA/Superfund
Industry Assistance Hotline to answer questions anyone may have concerning
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RCRA. The Hotline can provide inspectors with up-to-date Information on recently
promulgated standards and send copies of regulations that have appeared in the
FprWal Reflister. as well as answer other questions concerning the RCRA program.
The Hotline number is:
Toll Free, 1-800-424-9346
• In the Washington, D.C. area, 703-412-9810
Every month, the Hotline publishes the "RCRA-Superfund Industry Assistance Hotline
Report," which provides information on regulations and guidance published during the preceding
month, and discusses answers to particularly pertinent questions asked by Hotline users. This
report may be obtained by EPA inspectors by request from:
U.S. Environmental Protection Agency
Office of Solid Waste
Office of Program Management and Support
WH-562
Washington, D.C. 20460
• A number of newsletters published by various services provide information on
RCRA. These may be available in EPA Regional libraries or, by subscription, from
the publisher.
• Another resource is the REDboard, completely managed by EPA RCRA Enforcement
Division personnel. Current news from EPA Headquarters is posted as it becomes
available. Only EPA and state RCRA enforcemeiit personnel are allowed
access to the REDboard. The REDboard has a number of features:
Allows for public or private messages to be sent to specific users, distribution
lists, or to all users with immediate reply with quote available for question
response
Ability to door out to a RCRA Trivia Challenge and State Callback feature, as
well as three RCRA information databases
Ten different sub-boards on specific RCRA enforcement topics
Over 100 files available for downloading, including WordPerfect copies of 40
CFR updated through October 1992, Federal Register entries, monthly
HOTLINE reports, inspection checklists, RCRA Inspector News Issues, and
policy memoranda
Full upload capabilties to allow Regions and states to share files.
The REDboard number is:
Toll Free, 1-800-260-8959
• In the Washington, D.C. area, 202-260-8959
Modem settings: N,8,l '
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II. RCRA Developments
i
Below, presented in alphabetical order by subject area, are brief discussions of recent and
anticipated regulatory and Agency developments impacting on implementation of the RCRA
program. Inspectors should be aware of all such information and are strongly advised to utilize all
available resources to remain abreast of future developments. The discussionis below are intended
only to highlight important information; inspectors are encouraged to develop more detailed
understandings.
As needed, this Appendix will periodically be updated to reflect significant events in the
RCRA program about which inspectors should be aware. Topics covered include:
• Air Emissions Subpart CC
• Boilers and Industrial Furnaces
• Corrective Action Management Units
• Land Disposal Regulations
• Mining Waste
• Mixtures and Derived-From Rules
• OSHA/EPA Relationship
• Pollution Prevention
Toxicity Characteristic
• Universal Wastes
• Used Oil
• Wood Preserving.
Air Emissions Subpart CC
The EPA proposed new standards and amendments to the existing air emission standards
on July 22. 1991 (56 FR 33492) ' The proposed Subpart CC of 40 CFR 264 and 40 CFR 265 would
apply to tanks, surface impoundments, containers, and miscellaneous units that contain VOCs at or
greater than 500 ppmw. In addition, the proposed amendments would add relevant emission
control requirements specified by the air emission standards under RCRA for certain TSDF
treatment unit process vents, equipment tanks, and units to the requirements that a hazardous
waste generator must comply with pursuant to 40 CFR 262.34(a). Generators will need to comply
with these additional requirements to exempt certain accumulation tanks and containers from
RCRA Subtitle C permitting requirements.
This proposed rule is expected to be finalized in the summer of 1993. A more in-depth
discussion of current air emissions standards can be found at page III-160 below.
Boilers and Industrial Furnaces
Hazardous waste can be burned in boilers, industrial furnaces, and incinerators for specific
purposes. Incinerators use controlled combustion to treat or destroy hazardous waste, and are
regulated under 40 CFR Parts 264 and 265 Subpart O. Boilers and industrial furnaces (BIFs) that
burn hazardous waste typically use controlled combustion to burn waste for energy or materials
recovery, and have been minimally regulated by RCRA. However, in an effort to reduce and control
the toxic pollutants from boilers and industrial furnaces, EPA promulgated final regulations on
boilers and industrial furnaces in the February 21, 1991 Federal Register (56 FR 7134), with
corrections and amendments appearing July 17, 1991 (56 FR 32688) and August 27, 1991 (56 FR
42504). An administrative stay of the application of the industrial furnace standards as they apply
to coke ovens was published on September 5, 1991 (56 FR 43874). The hazardous waste burners
affected by the BIF regulations include nonindustrial, industrial, and utility boilers; cement and
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light weight aggregate kilns; and halogen acid furnaces. The regulations found at 40 CFR Part 266,
Subpart H, require BIFs to control emissions of toxic organic compounds by: setting a 99.99 percent
destruction and removal efficiency standard for constituents in the waste; limiting stack gas carbon
monoxide concentrations; and, in specific situations, limiting hydrocarbon concentrations in stack
gas. The BIF regulations also require that particulate matter be held to a level of 0.08 gr/dscf and
that ten toxic metal emissions as well as hydrogen chloride and chlorine gas emissions levels do not
exceed site-specific limits.
Interim status facilities must have certified pre-compliance by August 21, 1991 and also
must conduct compliance testing and certify compliance with the emissions standards by August 21,
1992. Permitted facilities were required to submit a Class 1 modification by August 21, 1992 and to
submit a Class 3 modification request to EPA by Februaiy 21, 1992.
A new guidance document based on questions received by the Agency from the regulated
community was published in March, 1992 and is entitled Technical Implementation Document for
EPA's Boiler and Industrial Furnace Regulations (EPA-530-R-92-011).
)
For more in-depth information on current BIF regulations see page II1-246 below.
Corrective Action Management Units
On February 16, 1993 (58 FR 8658), EPA finalized the corrective action management unit
(CAMU) and temporary unit (TU) portions of the July 27, 1990 proposed corrective action
rulemaking. The final rule promulgates standards which, when followed, allow the use of CAMUs
for the purposes of managing remediation wastes without triggering the land disposal restrictions
or minimum technology requirements. The TU portion of the rule allows tanks and containers
located at the facility to manage remediation wastes for up to one year without being required to
meet all of the relevant Part 264 and 265 standards. The specific standards the tanks and
containers will have to meet will be decided by the Regional Administrator on a case-by-case basis.
At this point these are the only portions of the proposed Subpart S standards to have been finalized.
For more in-depth information on current CAMU regulations see page III-226 below.
Land Disposal Regulations
Phases I and II
Known as Phase I, the final rule on the land disposal regulations (LDR) treatment
standards for debris and 20 newly-listed wastes (F037, F038, K107-K112, K117, K118, K136, K123-
124, K131-132, U328, U353, and U359) appeared in the August 18, 1992 Federal Register (57 FR
37194). At that time EPA established alternate treatment standards for debris that contain
prohibited listed wastes or exhibit a prohibited characteristic. Under the final rule, debris may be
treated prior to land disposal using specific technologies from one or more of the following families
of debris treatment technologies in §268.45: extraction, destruction, or immobilization. EPA also
finalized regulations which state that hazardous debris that is treated by an extraction or
destruction technology and that no longer exhibits a hazardous characteristic will no longer be
subject to regulation as a hazardous waste.
In addition, EPA finalized revisions to a number of current LDR treatment standards
including:. F001-F005; alternate treatment standards for F006 and K062 wastes and an extension of
the K061 generic exclusion to F006 and K062 wastes treated by high temperature metal recovery
(HTMR) and the simplification of the notification and'certification rules for characteristic wastes in
§268.9. Also finalized were regulations that establish a new waste management unit known as a
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containment building. When certain types of waste such as lead slags and spent potliners, are
stored or treated in a containment building, this management will not constitute land disposal.
Additionally, EPA deferred the expansion of the list of inorganic constituents in Part 261 Appendix
VIII and did not include vanadium in the treatment standards.
The Phase II rulemaking on contaminated soil and newly identified wastes was discussed in
the Advance Notice of Public Rulemaking in the October 24, 1991 Federal Register (56 FR 55160).
The notice discusses different methods available to treat contaminated soil, such as biological
treatment, soil washing, and vitrification. Also presented for comment were treatment standards
for the toxicity characteristic waste codes D004-D043, F032, F034, F035, K088, and characteristic
hazardous wastes generated by the mining and mineral processing industries no longer suspended
by the Bevill Amendment. RCRA §3001 (b)(3): The proposed rule on Phase II is expected in early
1993; the judicial deadline for a final rule is June, 1993.
Case-by-Case Extensions
1) On May 15, 1992 (57 FR 20766), EPA published a case-by-case extension for
hazardous debris. This rule, effective May 8, 1992, approved a generic one-year extension of the
LDR effective date applicable to all persons managing hazardous debris. In this action, all
hazardous debris (as defined in the June 1, 1990 final rule (55 FR 22650) or the August 18, 1992
final rule (57 FR 37242) with several exceptions, received an extension; The exceptions include
debris contaminated with listed solvent or dioxin waste covered by the §3004(e) prohibition and
debris contaminated with non-liquid "California List Wastes" pursuant to §3004(d). For all other
types of debris EPA determined that there was- a lack of available treatment capacity and they were
therefore granted an extension from the land disposal restrictions until May 8,1993. While no
further applications are required from persons granted an extension by this action, they are
required to keep certain records and to meet certain other requirements to qualify for the extension
per 40 CFR 286.5. Owners/operators could apply for an additional one-year extension on a site-by-
site basis no later than November 8; 1992i
2) EPA granted a similar extension to the U.S. Department of Energy (DOE) in the
May 26, 1992 Federal Register (57 FR 22024). The DOE case-by-case extension covers Third Third
mixed wastes but does not include solvents, dioxins, and "California List Wastes" for which earlier
treatment standards were set (51 FR 40572, 52 FR 25760). The mixed wastes from the 31 DOE
facilities covered by this extension are not subject to the land disposial regulations effective May 8,
1992. While this decision is for one year, and will expire on May 8, 1993, EPA is considering the
impact of granting a second extension.
3) On June 5, 1992; EPA took regulatory action to approve an extension of the LDR
effective date applicable to owners/operators of secondary lead smelters who are engaged in the
reclamation of lead-bearing hazardous materials. Published in the Federal; Register on June 26,
1992 (57 FR 28628), this extension applies only to lead-bearing hazardous waste wastes placed in a
staging area immediately prior to being introduced into a lead smelter. While no further
applications are required from persons granted the extension of the action, they are required to
keep certain records and meet other requirements as required by 40 CFR 268.5. This extension is
effective until May 8, 1993.
4) In the October 20, 1992 Federal Register, under 40 CFR 268.5, EPA approved an
interim final case-by-case extension of the LDR effective date, to May 8, 1993, applicable to all
• persons handling Third Third hazardous soil whose Best Demonstrated Avail able Technology
(BDAT) is either incineration, retorting, or vitrification, and owners/operators handling Thin! Third
soils contaminated with radioactive mixed waste. No further applications were required at that
time from persons granted the extension. However, 40 CFR 268.5 does require such persons to.
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comply with certain record keeping requirements and meet certain other requirements to qualify for
the extension. - This action was effective on October 13, 1992 and expires on May 8, 1993.
For more in-depth information on current LDR regulations see page III-278 below.
Mining Waste
Under RCRA, mining wastes from the extraction, beneficiation, and processing of ores and
minerals are solid wastes. RCRA §3001(b) (3), the Bevill Amendment, had excluded these wastes
from regulation as hazardous wastes until EPA made a final determination on the management of
these mining wastes. Reports to Congress in 1985 and 1990 stated that it was EPA's determination
that, overall, extraction and beneficiation wastes did not warrant regulation as hazardous wastes.
All but twenty processing wastes will be managed under Subtitle C if they exhibit any characteristic
of hazardous waste.
The final determination on the Bevill wastes appeared in the June 13, 1991 Federal Register
(56 FR 27300). EPA determined that regulation under RCRA Subtitle C is inappropriate or
unfeasible for all 20 of these wastes because the wastes exhibit no, or negligible, hazardous
characteristics, pose low risks, or are not amenable to the requirements of Subtitle C. Eighteen of
the wastes will become subject to the developing RCRA Subtitle D mining waste program. The
remaining wastes—phosphogypsum and phosphoric acid process wastewater — were found not to
be amenable to controls under either RCRA Subtitle C or D and will instead be addressed by a
program developed under the authority of the Toxic Substances Control Act CTSCA).
The exclusion concerning these wastes is codified at 40 CFR 261.4(b)(7) and is discussed
more fully at page III-8 below.
Mixtures and Derived-From Rules
EPA issued the final regulations regarding the mixtures and derived-from rules on May 19,
1980 (45 FR 33085), and has been applying them to hazardous waste ever since. However, these
regulations were found to have been finalized without compliance with the necessary
administrative procedures and, on December 6, 1991, the D.C. Circuit Court of Appeals vacated and
remanded the mixtures and derived-from rules because EPA failed to provide adequate notice and
opportunity for comment. EPA filed'a petition with the D.C. Circuit Court of Appeals on January
21, 1992 for a rehearing and clarification of the Court's December, 1991 decision. On February 12,
1992, the Court denied EPA's petition regarding the remand but did not rule on the clarification. In
response, EPA issued an interim final rule and a notice of proposed rulemakings on March 3, 1992
(57 FR 7628). The interim final rule continued the mixture and derived-from regulations at 40 CFR
261.3 without change except that this continuation was set to expire on April 28, 1993 unless EPA
promulgated a new version of the rules prior to that date (see below).
On March 5, 1992, the Court denied, without issuing a written opinion, EPA's motion for
clarification on the issue of retroactivity. As stated in the interim final rule, EPA's position is that
the December 6, 1991 decision is not retroactive and is unaffected by the Court's March 5.1992
action. Thus, the Agency's reinstatement of the mixtures and derived-from rules maintains,
without interruption, the legal framework for regulation of hazardous waste originally established
under RCRA. A discussion of current 40 CFR 261.3 can be found at page III-4 below.
On May 20, 1992 EPA published the Hazardous Waste Identification Rule (HWIR). The
rule proposed several different options for modifying the hazardous waste identification regulations.
These Options consisted of the concentration-based exemption criteria (CBEC) and the enhanced
characteristics option (ECHO) in which the toxicity characteristic would have been expanded;
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However, EPA decided not to move forward with the proposed HWIR, and withdrew the proposal in
the October 30, 1992 Federal Register (57 FR 49280). EPA determined that a broad range of policy
and technical issues were raised by the comments on HWIR, and that a new proposal was needed to
assure that a rulemaking on these important issues had a sound technical basis. Consistent with
this action, EPA also removed the so-called "sunset" provision from the mixture and derived-from
rules in 261.3. The removal of the April 28, 1993 expiration date from the reinstatement of the
mixture and derived-from rules appeared in the October 30, 1992 Federal Register (57 FR 49278).
OSHA/EPA Relationship
Background
EPA and OSHA have respectively been tasked with ensuring the health and safety of the
. environment and the United States' workforce through the use of laws and regulations. Although
the duties assigned to each agency are generally quite distinct, there is also some overlap in their
endeavors. Due to this overlap EPA and OSHA would like to work together to provide efficient and
effective federal programs.
Specifically, EPA accomplishes its mission through standard setting and rulemaking,
technical reviews, audits and inspections, licensing and permitting, and investigations and
enforcement. As a complement to this, OSHA is responsible for enforcing the Occupational Safety
and Health Act of 197Q, to assure, so far as possible, every working man and woman in the nation
safe and healthful working conditions. To Achieve this mission, OSHA promulgates mandatory
safety and health standards and conducts compliance inspections of workplaces to determine
compliance with the Act and OSHA standards. When violations are observed, OSHA is authorized
to issue citations, propose penalties, and require the abatement of hazards. OSHA is required to
evaluate all state programs that may be established and provide concurrent federal OSHA
enforcement when warranted.
Memorandum of Understanding
An interagency Memorandum of Understanding (MOU) was developed between EPA's
Office of Enforcement and OSHA. This MOU was designed to institute a working relationship
between the two offices, improve any associations that have been previously established, and
optimize the exchange of information regarding the protection of both employees and the
environment from harm. The MOU also aspires to improve the efforts of both EPA and OSHA in
achieving their missions by defining each agency's respective area of responsibility and providing
guidelines for coordination efforts. An infrastructure has been established for notification,
consultation, and coordination between the two agencies.
CnnriUnatinn
The MOU states that EPA and OSHA will coordinate efforts at every organizational level to
develop training, engage in data exchange and technical and professional assistance, refer possible
violations to the appropriate agency, and pursue other related issues concerning compliance and
law enforcement. An annual work plan will be completed at the start of each fiscal year that will
prioritize those issues to be addressed between the agencies and identify those facilities that may be
jointly addressed.
I
Inspections
EPA and OSHA may conduct joint inspections when there is regulatory overlap. Such
actions may be planned in the annual work plan that will identify such joint initiatives. Joint
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inspections may also be warranted following incidents subject to both EPA and OSHA regulations.
If inspectors believe that a joint inspection may be required, they should check with their
supervisors.
Referrals
Since EPA and OSHA inspections are generally conducted separately, inspector? must be
aware of possible situations that may warrant a referral to the other agency due to possible
violations. Complaints that are received by either agency will also be treated as referrals. A
tracking systenvwill be developed to manage referrals of possible violations or situations requiring
inspection, follow^up, or evaluation by either agency as appropriate. EPA Inspectors must not
perform the role of the OSHA inspector, but should only refer witnessed worker health and safety
problems to OSHA. and vice versa. An important point for inspectors to understand is that
potential violations of RCRA health and safety regulations will be potential violations of OSHA
regulations in almost all cases. It is the responsibility of RCRA inspectors and their management to
refer potential violations to state or federal OSHA for subsequent follow-up.
Responses to referrals will be handled through investigations, as appropriate, following
evaluation of the referenced report. The agencies must encourage employees to actively participate
in the referral system. Periodically, representatives of the two agencies will meet to discuss the
effectiveness of the referral system and make required alterations. Both agencies will monitor the
progress of actions generated through the referral system. OSHA and EPA are responsible! for
encouraging the participation of state agencies in the referral program as well as the training and
information-sharing described in the MOU.
Data Exchange
EPA and OSHA have agreed to exchange information relating to complaints, investigations,
discovered violations, penalties, and other legal actions to ensure effective and coordinated
interagency law enforcement. The methods of data exchange, whether computerized or by hard
copy, will be established in a separate agreement:
Training
EPA and OSHA will cooperatively develop and conduct periodic training programs for each
other's personnel in the regulations, goals, and general activities of each agency. This training will
allow for better validation of referrals that are made.
Period of Agreement
The MOU will be in effect until (1) modified in writing by mutual consent or (2) terminated
by either party with 30 days advance written notice. The MOU does not preclude either agency
from entering into separate agreements, similar to this, that address other programs.
Inspectors should utilize the inspection protocol developed for the Task Force Report on On-
Site Health and Safety Requirements at Hazardous Waste Sites. The protocol appears in
Appendix IV under the heading "Health and Safety Checklist." The Task Force was conducted
jointly by EPA and OSHA, with assistance from the authorized states. The protocol consists of a
checklist, an employee interview guide, and a side-by-side analysis of RCRA and OSHA health and
safety requirements.
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EPA and OSHA regulations both require health and safety training. However, there are
some differences in the specific regulatory requirements; For example, RCRA requires a
documentation of employee training, while OSHA requires employer certification of employee
training. RCRA inspectors should refer to the analysis of EPA and OSHA regulations for further
examples.
Pollution Prevention
On September 12, 1991, EPA published a policy statement entitled, "The Role of RCRA
Inspectors in Promoting Waste Minimization" (OSWER Dir. 9938.10). This policy statement
describes the activities that must be performed by RCRA inspectors to ensure that facilities are in
compliance with the HSWA requirements as well as to outline how inspectors can encourage more
pollution prevention at facilities. In sum, the role of the RCRA inspector is to:
• Determine compliance with the regulatory requirements associated with
manifesting and reporting
• Review the waste minimization plans/programs of facilities to ensure that
they are developed and implemented
• • Inform generators of the benefits of waste minimization and the resources
) available to help them and give limited advice to facilities on obvious ways
they can minimize their wastes!
More specifically, the inspector can and should undertake the following activities when conducting
a facility inspection:
1. Verify that manifests have been certified by an authorized representative and that the
waste minimization statements have not been altered. (In at least some Regions, if a
manifest is not certified or if a waste minimization statement is deleted, the inspector
should note this as a violation.)
2. Check the descriptions in biennial reports or annual export reports to ensure that they
include:
• A description of the efforts undertaken during the year to reduce the volume
and toxicity of waste generated
• A description of the changes in volume and toxicity of waste actually
achieved during the year in comparison to previous years
• Certification by the generator or authorized representative.
3. Confirm that the operating record of each permitted facility contains a certification by the
permittee, made at least annually, that the permittee has a waste minimization prog-am in
place.
4. Determine whether there are additional waste minimization requirements in a facility's
permit or in any binding enforcement orders or settlement agreements.
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5. Ask to see a written description of the facility's waste minimization program. If a written
program description is not provided, ask for a verbal description of the waste minimization
program. The failure to provide either a written or verbal description should be noted as a
violation. While inspectors cannot judge the adequacy of a program, they should verify its
existence.
6. Visually check for evidence that a waste minimization program is in place. Make a note of
any waste minimization measures observed or indicate that none were observed in the
inspection report (this can facilitate development of waste minimization provisions in
enforcement settlements, as well as document an inadequate program).
7. Discuss the importance and benefits of a waste minimization program with the facility
personnel.
8. Recommend and distribute waste minimization literature.
9. Refer the facUity to the appropriate technical assistance program for more specific or
technical information.
Inspectors are encouraged by the RCRA policy to provide non-technical, housekeeping
advice to the facility on obvious ways to minimize waste (see OSWER Dir. 9938.10). However.
inspectors should not serve as on-site consultants; rather, they should refer facility representatives
to the appropriate technical assistance program for capital intensive or technically-advanced advice.
Inspectors must be cautious in dispensing advice that could be construed as legal recommendations
for compliance.
RCRA inspectors are encouraged to make use of the waste minimization inspection checklist
as they deem appropriate (see Appendix IV). Below are listed policy and guidance documents to
which EPA personnel may refer and/or to which they can refer facility representatives.
Policy and Guidance for Agency Personnel:
The Role of RCRA Inspectors in Promoting Waste Minimization, Policy Statement, (OSWER
Dir. No. 9938.10)
EPA Pollution Prevention Strategy (FR 2/28/91)
Interim EPA Policy on the Inclusion of Pollution Prevention and Recycling Provisions in
Enforcement Settlements, Memorandum from James M. Strock, 2/25/91
Guidance for Generators and TSDFs:
Draft Guidance to Generators on the Elements of a Waste Minimization Program, FR Vol.
54, No. Ill, pages 25056 - 25057, June 12, 1989.
Waste Minimization: Environmental Quality With Economic Benefits, EPA 530-SW-90-044,
April, 1990.
Facility Pollution Prevention Guide, EPA/600/R-62/088, July, 1992.
Waste Minimization In Metal Parts Cleaning, EPA/530-SW-89-049, August, 1989.
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Guides to Pollution Prevention:
The Pesticide Formulating Industry, EPA/625/7-90/004
The Paint Manufacturing Industry, EPA/625/7-90/005
The Fabricated Metal Products Industry, EPA/625/7-90/006
The Printed Circuit Board Manufacturing Industry, EPA/625/7-90/007
The Commercial Printing Industry, EPA/625/7-90/008
Selected Hospital Waste Streams, EPA/625/7-90/009
Research and Educational Institutions, EPA/625/7-90/010.
Pollution Prevention Information Clearinghouse. Telephone: 703/821-4800.
More information is available from pollution prevention contacts located in EPA Headquarters,
Regional Offices, and State Technical Assistance Programs.
Toxicity Characteristic
On December 24, 1992 (57 FR 61542), EPA proposed a suspension of the Toxicity
Characteristic (TC) rule (Hazardous Waste Codes D018 through D043) for three years for
environmental media and debris contaminated by petroleum products released from sources other
than RCRA Subtitle I-regulated underground storage tanks (USTs). This suspension would apply
only in States that certify that they have in place effective authorities and programs to compel
cleanup of non-UST petroleum product spills and control the disposition of wastes generated from
such cleanup actions. The suspension would apply only to wastes generated from State-supervised
or approved cleanup sites, and sites being remediated under Federal authorities. The suspension, if
finalized as proposed, would be codified at 40 CFR 261.4(b)(l 1).
On February 12, 1993 (58 FR 8504) EPA proposed to take final action on the issue of the
application of the TC rule to petroleum-contaminated media and debris gienerated during the
corrective action of RCRA Subtitle I USTs. The Agency proposed to permanently exempt these
wastes due to the fact that subjecting even a portion of these sites to Subtitle C requirements could
overwhelm the hazardous waste permitting program and the capacity of existing hazardous waste
treatment, storage, andi disposal facilities as well as significantly delay UST cleanups. EPA studies
also found that the regulations currently in place are capable of handling the waste in a safe and
effective manner and that further regulation is not needed.
Universal Wastes
On February 11, 1993 (58 FR 8102) EPA proposed regulations which address the collection
and handling of the regulated portions of universal hazardous waste streams. EPA describes
universal wastes as commonly produced items which, previous to the TC rule, were not considered
to be hazardous (such as nickel cadmium batteries and pesticides) and are typically destined for the
municipal solid waste stream. The proposed rule includes procedures for adding new wastes to the
streamlined collection system in the future and specifically discusses antifreeze and mercury-
containing thermostats as possible additions! The regulations as proposed would add a new Part
273, Standards for Special Collection Wastes, and specifically addresses hazardous waste batteries
(except spent lead-acid batteries managed under Part 266, Subpart G) and suspended and/or
canceled pesticides that are recalled. The proposed Part 273 standards would affect generators,
transporters, and other handlers of thase wastes.
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Used Oil
The final rule addressing the listing of used oils that are disposed appeared in the May 20,
1992 Federal Register (57 FR 21524). The Agency promulgated a final decision not to list used oils
destined for disposal, based primarily upon the finding that all used oils do not typically and
frequently meet the technical criteria for listing a waste as hazardous. In addition, if a used oil that
is destined for disposal exhibits a characteristic, it is already regulated as a hazardous waste under
Subtitle C. The Agency also promulgated a final exemption from the definition of hazardous waste
in 40 CFR 261.4(b) (15) for certain used oil filters. The filters that received the exemption are non-
terne plated used oil filters that have been hot-drained to removed used oil (terne is an alloy of tin
and lead). EPA decided to defer, at that time, a decision on listing and management standards for
used oil that is recycled.
The final rule promulgating the listing decision for recycled used oil as well as the recycled
used oil management standards appeared in the September 15, 1992 Federal Register (57 FR
41566). EPA determined that recycled used oil does not have to be listed as a hazardous waste
because the used oil management standards identified elsewhere in the rule were adequately
protective of human health and the environment. The management standards work on the
presumption that used oil that is collected will be recycled and cover used oil generators,
transporters and transfer facilities, collection centers and aggregation points, processors and re-
refiners, burners, and marketers. The standards will be codified in 40 CFR Part 279, and are
effective March 8, 1993 In states that have not received authorization to Implement the RCRA
program. States that are authorized to implement the RCRA program will continue to operate
under the current program in 40 CFR Part 266, Subpart E until they amend their own regulations.
Wood Preserving
On December 6, 1990 (55 FR 50450), EPA promulgated a final rule that lists wastes from
wood preserving processes as hazardous, making the management of these wastes subject to
regulation under Subtitle C of RCRA. In the intervening months, the American Wood Preservers
Institute requested that EPA stay or extend the requirements for drip pads at wood preserving
facilities. In response to these requests and because of the Agency's concern that the standards
were impractical, the Agency issued two administrative stays, the latest of which appeared in the
February 18, 1992 Federal Register (57 FR 5859). This administrative stay was only for the
"impermeability" requirement for drip pad surfaces (40 CFR 264.573(a)(4) and 40 CFR
265.443(a)(4)) and expired on October 30, 1992. The requirements that drip pads be installed and
their surfaces be maintained crack-free were not changed by this stay. Thus, substantial
containment of drippage from treated wood will continue.
The final rule modifying both the hazardous waste code listings F032, F034, and F035, and
the technical standards for drip pads used to collect preservative drippage from treated wood
appeared in the December 24, 1992 Federal Register (57 FR 61492). In this rule, the applicability of
the waste code F032 was eliminated from wastes generated by wood preserving operations that
previously used, but no longer use, chlorophenolic preservatives, provided that any wastewaters,
process residuals, drippage, or spent preservatives generated by those operations are regulated as
F034 or F035 wastes. Also modified were the drip pad requirements for new and existing drip pads.
New drip pads are not required to be absolutely impermeable and may either use a coating and
sealer, or a liner and leak detection with leak collection system as its barrier to contamination
migration from the drip pad. The existing drip pad requirements were also modified to allow the
use of a coating and sealer which is not absolutely impermeable.
On April 27, 1993 (58 FR 25706), EPA proposed to add another wood preserving waste to the
list of hazardous waste from non-specific sources, the "F-list," in 40 CFR 261.31. The proposed
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waste, F033, consists of process residuals and wastewaters that come in contact with protectant,
discarded spent formulation, and protectant drippage from wood surface protection chemicals
having an in-process formulation concentration of pentachlorophenate exceeding 0.1 ppm.
The current regulations as they pertain to wood preserving are discussed at page III-150
below.
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No statutory or
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Appendix II
Glossary
Administrator
Administrative
Action
Administrative
Order
Administrative
Procedures Act
Aquifer
Biennial Report
Boiler
The Administrator of the United States Environmental Protection
* jency, or his designee.
A nonjudicial enforcement action taken by the Administrator (or
his designee) or a State.
An order Issued by the Administrator (or his designee) to a violator
of RCRA provisions that imposes enforceable legal duties; e.g.,
forcing a facility to comply with specific regulations. The four types
of RCRA orders are compliance orders, coiTective action orders,
monitoring and analysis orders, and imminent hazard orders.
Administrative Procedures Act (APA) is a Federal statute that
provides standards for informing the public about the actions of
Federal agencies and assuring them that their interests are properly
protected.
Rock or sediment in a formation, group of formations, or part of a
formation that is saturated and sufficiently permeable to transmit
economic quantities of water to wells and springs.
A report (EPA Form 8700- 13A) submitted by generators of hazardous
waste to the Regional Administrator, which is due March 1 of each
even-numbered year. The report Includes information on the
generator's activities during the previous calendar year. The
owner/operator of a treatment, storage, and disposal facility must
also prepare and submit a biennial report on EPA Form 8700-1313.
(1) An enclosed device using controlled flame combustion and
having the following characteristics:
(i) The unit must have physical provisions for recovering and
exporting thermal energy in the form of steam, heated fluids, or
heated gases;
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Boiler (continued) (ii) The unit's combustion chamber and primary energy recovery
sections must be of integral design; to be of integral design, the
combustion chamber and the primary energy recovery sections (such
as waterwalls and superheaters) must be physically formed into one
manufactured or assembled unit. A unit in which the combustion
chamber and the primary energy recovery sections are joined only by
ducts or connections carrying flue gas is not integrally designed;
however, secondary energy recovery equipment (such as economizers
or air preheaters) need not be physically formed into the same unit
as the combustion chamber and the primary energy recovery section.
Process heaters and fluidized bed combustion units are not precluded
from being boilers solely because they are not of integral design;
(iii) While in operation, the unit must maintain a thermal energy
recovery efficiency of at least 60 percent, calculated in terms of the
•ecovered energy compared with the thermal value of the fuel; and
iv) The unit must export and utilize at least 75 percent of the
ecovered energy, calculated on an annual basis. In this calculation,
10 credit shall be given for recovered heat used internally in the
tame unit. (Examples of internal use are the preheating of fuel or
:ombustion air, and the driving of induced or forced draft fans or
'eeding water pumps)
[2) A unit which the Regional Administrator has determined, on
i case-by-ca$e basis, to be a boiler, after considering the standards
set forth in 40 CFR §260.32.
\cronym for the Comprehensive Environmental Response,
Compensation, and Liability Act, passed in 1980 and commonly
known as "Superfund." CERCLA gives the Federal Government the
power to respond to releases, or threatened releases, of any
hazardous substance into the environment as well as to a release of a
pollutant or contaminant that may present an imminent and
substantial danger to public health or welfare. CERCLA established
a Hazardous Substance Trust Fund (Superfund), which is available
to finance responses taken by the Federal Government.
Abbreviation for the Code of Federal Regulations, a document
containing all finalized regulations.
The EPA has identified four characteristics of a hazardous waste:
ignitability, corrosivity, reactivity, and toxicity. Any solid waste that
exhibits one or more of these characteristics is classified as a
hazardous waste under RCRA.
Civil Action A law suit filed in court against a person who has failed to comply
with statutory or regulatory requirements or an administrative
order, or has contributed to a release of hazardous wastes or
constituents. The four types of civil actions are compliance,
corrective, monitoring and analysis, and imminent hazard.
Closed Portion That portion of a facility which an owner/operator has closed in
accordance with an approved closure plan and all applicable closure
requirements.
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CERCLA
CFR
Characteristics
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Closure
Compatibility
Compliance
Order/Action
Conditionally
Exempt Small
Quantity
Generator
Confidential
Business
Information
Container
Contaminant
Contingency Plan
The act of securing a hazardous waste management facility or unit
pursuant to the requirements of 40 CFR Part 264.
The ability of materials to exist together without adverse
environmental effects or health risks. Primarily applied to waste
fluid combinations and liner materials.
An order or action issued under Section 3008(a) of RCRA; it requires
any person who is not complying with a requirement of RCRA to take
steps to'come into compliance.
A generator that generates less than 100 kilograms of hazardous
waste in a calendar month, and is therefore not subject to the
handling procedures required under RCRA for that month.
Any information, in any form, received by EPA, an authorized
State, or an EPA contractor, from any (1) person, firm, partnership,
corporation, or association; (2) local. State, or federal agency; or
(3) foreign government, that contains trade secrets or commercial or
financial information that has been claimed as confidential by the
person submitting it, and that has not been determined to be non-
confidential under the procedures set forth in 40 CFR Part 2.
Any portable device in which material is stored, transported, treated,
disposed of, or otherwise handled.
Any solute that enters the hydrologic cycle through human action.
A document setting out an organized and coordinated course of
action to be followed in case of a fire, explosion, or release of
hazardous waste or hazardous waste constituents from a treatment,
storage, or disposal facility that could threaten human health or the
environment.
Corrective
Action
Corrective
Action Order
Criminal Action
Deep-Well
Injection
Actions, required by law, undertaken by a treatment, storage, or
disposal facility to alleviate potential or existing threats to human
health and the environment posed by a release or threatened release
of hazardous substances, wastes, or constituents at a site.
An order EPA issues that requires corrective action under RCRA
Section 3008(h) at a facility where a release of hazardous waste or
constituents into the environment has occurred. Corrective action
may be required beyond the facility boundary, and it can be required
regardless of when the waste was placed at the facility.
Prosecution by the U.S. Government or a State of any person(s) who
have knowingly and willfully failed to comply with the law; such an
action can result in the imposition of fines or imprisonment.
The subsurface emplacement of fluids through a bored, drilled, or
driven well, or through a dug well whose depth is greater than the
largest surface dimension.
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Designated
Facility
A hazardous waste treatment, storage, or disposal facility which (1)
has received a permit (or interim status) in accordance with 40 CFR
Parts 270 and 124, (2) has received a permit (or interim status) from
a state authorized in accordance with 40 CFR Part 271, or (3) is
regulated under §261.6(c) (2) or Subpart F of Part 266, and has been
designated on a manifest by a generator pursuant to §260.20. If a
waste is destined for a facility in an authorized State which has not
yet obtained authorization to regulate that particular waste as
hazardous, then the designated facility must be a facility allowed by
the receiving State to accept such waste.
Discharge or
Hazardous
Waste Discharge
Disposal
The accidental or intentional spilling, leaking, pumping, pouring,
emitting, or dumping of hazardous waste onto any land or into any
water.
The discharge, deposit, injection, dumping, spilling, leaking, or
placing of any solid waste or hazardous waste into or onto any land
or into any waters so that any constituent thereof may enter the
environment or may be emitted into the air or discharged into any
waters, including ground waters.
Disposal Facility
A facility or part of a facility at which hazardous waste is
intentionally placed into or on any land or into water and where the
waste will remain after closure.
DOT
Department of Transportation -- DOT shares authority with EPA
concerning the transportation of hazardous materials, including
labeling, containment, and accident reporting requirements.
Drip Pad
An engineering structure consisting of a curbed, free-draining base,
constructed of non-earthen materials and designed to convey
preservative kick-back or drippage from treated wood, precipitation,
and surface water run-on to an associated collection system at wood
preserving plants.
Elementary
Neutralization Unit
A device which (1) is used for neutralizing wastes that are
hazardous only because they exhibit the corrosivity characteristic
defined in §261.22, or they are listed in Subpart D of Part 261 only
for this reason; and (2) meets the definition of tank, tank system,
container, transport vehicle, or vessel as set forth in §260.10.
Endangered and-
Threatened
Species
Species whose populations are so reduced in number or whose range
is so limited in geographic extent that further reduction in numbers
or in size of available habitat could inalterably reduce the breeding
success of the species and lead to subsequent extinction. These
species are listed in Section 4 of the Endangered Species Act.
EPA Identification
Number
The unique number assigned by EPA to each generator or
transporter of hazardous waste and to each treatment, storage, or
disposal facility.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way alteredby any statements) contained herein.
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EP Toxicity
Exception Report
Existing Facility
Existing Portion
Existing Tank
System
A test, called the extraction procedure, that was used prior to the
toxicity characteristic leaching procedure CTCLP). The test is
designed to identify wastes likely to leach hazardous' concentrations
of particular toxic constituents into the groundwater or soil as a
result of improper management.
A report that must be submitted to the Regional Administrator by
generators who transport waste offsite if they fail to receive a copy of
the manifest, signed and dated by the owner/operator of the
designated facility to which their waste was shipped, within 45 days
of the date the initial transporter accepted the waste.
A facility which was in operation or for which construction
commenced on or before November 19, 1980. A facility commenced
construction if the owner/operator obtained the Federal, State and
local approvals or permits necessary to begin physical construction
and either (i) a continuous on-site, physical construction program
had begun or (ii) the owner/operator entered into contractual
obligations -- which could not be cancelled or modified without
substantial loss ~ for physical construction of a facility to be
completed within a reasonable time.
The land surface area of an existing waste management unit,
included in the original Part A permit application, on which wastes
have been placed prior to the issuance of a permit.
A tank system or component that is used for the storage or treatment
of hazardous waste and that was in operation, or for which
installation was commenced, on or prior to July 14, 1986.
Installation will be considered to have commenced if the
owner/operator had obtained all Federal, State, and local approvals
or permits necessaiy to begin physical construction of the site or
installation of the tank system and if either (1) a continuous on-site
physical construction or installation program had begun or (2) the
owner/operator entered into contractual obligations - which cannot
be cancelled or modified substantial loss - for physical construction of
the site or installation of the tank system to be completed within a
reasonable time.
Facility
Fault
Federal Register
All contiguous land, structures, other appurtenances, and
Improvements on the land used for treating, storing, or disposing of
hazardous waste. A facility may consist of several treatment,
storage, or disposal operational units; e.g., one or more landfills,
surface impoundments, or a combination of them.
A break in earth materials along which a measurable amount of
movement has taken place.
A document published daily by the Federal Government that
contains proposed and final regulations.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
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Final Closure
The closure of all hazardous waste management units at a facility in
accordance with all applicable closure requirements so that
hazardous waste management activities under Parts 264 and 265 are
no longer conducted at the facility unless subject to the provisions in
§262.34.
Status acquired when final administrative disposition has been made
of a treatment, storage, or disposal facility's RCRA Part B permit
application.
The flat areas adjacent to stream channels covered by water during
periods of flooding.
Tobacco, crops grown for human consumption, and crops grown to
feed animals.
The vertical distance between the top of a tank or surface
impoundment dike and the surface of the waste contained therein.
Any person, by site, whose act or process produces hazardous waste
identified or listed in Part 261 or whose first act causes a hazardous
waste to become subject to regulation.
Water below the land surface in a zone of saturation.
The direction of ground-water movement and of any contaminants it
contains, governed primarily by the hydraulic gradient.
The ambient chemical, physical, and biological quality of ground
water; generally defined by State and local standards to determine
suitability as a drinking-water supply. Uncontaminated ground
water's suitability as a drinking-water supply is generally based on
its total dissolved solids (TDS) content.
The addition of water to the ground-water system by natural or
artificial processes.
Documents issued primarily to elaborate and provide direction on the
implementation of regulations.
Statutory requirements that go into effect automatically if EPA fails
to issue regulations by certain dates specified in a particular statute.
A solid waste or combination of solid wastes that, because of its
quantity, concentration, or physical, chemical, or infectious
characteristics, may
a) Cause or significantly contribute to an increase in mortality
or an increase in serious irreversible or incapacitating reversible
illness; or
b) Pose a substantial present or potential hazard to human
health or the environment when improperly treated, stored,
transported, or disposed of or otherwise managed.
II-6
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
Final Status
Floodplain
Food-Chain Crops
Freeboard
Generator
Ground Water
Ground-Water Flow
Ground-Water
Quality
Ground-Water
Recharge
Guidance
Hammer Provision
Hazardous Waste
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Hazardous Waste
(continued)
Hazardous Waste
Constituent
Hazardous Waste
Management Unit
HSWA
Imminent Hazard
Order
In Operation
Inactive Portion
Incinerator
As defined in the regulations, a solid waste is hazardous if it meets
one of four conditions:
1) Exhibits a characteristic of a hazardous waste (40 CFR
Sections 261.20 through 262.24).
2) Has been listed as hazardous (40 CFR Sections 261.31
through 261.33).
3) Is a mixture containing a listed hazardous waste and a
nonhazardous solid waste (unless the mixture is specifically excluded
or no longer exhibits any of the characteristics of hazardous waste).
4)
Is not excluded from regulation as a hazardous waste.
(1) A constituent that causes the Administrator to list the waste in
which it is contained in Part 261, Subpart D, or (2) a constituent
listed in Table 1 of §261.24.
A contiguous area of land on or which hazardous waste is placed, or
the largest area in which there is a significant likelihood of mixing
hazardous constituents in the same area. Examples include a
surface impoundment, a waste pile, a land treatment area, and a
tank system. A container alone does not constitute a unit; the unit
includes containers and the land or pad upon which they are placed.
Abbreviation foF the Hazardous and Solid Waste Amendments of
1984 (Public Law 98-616), which significantly expanded both the
scope and coverage of RGRA.
Used by a responsible agency, under the authority of RCRA §7003, to
force any person contributing to an imminent and substantial
endangerment to human health or the environment as a result of the
handling of nonhazardous or hazardous solid waste to take steps to
clean up the problem.
Refers to a facility which is treating, storing, or disposing of
hazardous waste.
That portion of a facility which is not operated after the effective
date of Part 261.
Any enclosed device that (1) uses controlled flame combustion and
does not meet the criteria for classification as a boiler, sludge dryer,
or carbon regeneration unit, and is not listed as an industrial
furnace; or (2) meets the definition of infrared incinerator or plasma
arc incinerator.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Industrial Furnace Any of the following enclosed devices that are integral components of
manufacturing processes involving the recovery of materials or
energy:
(1)
Cement Kilns
(2)
Lime Kilns
(3)
Aggregate Kilns
(4)
Phosphate Kilns
(5)
Coke Ovens
(6)
Blast Furnaces
(7) .
Smelting, melting, and refining furnaces (including
pyrometallurgical devices such as cupolas, reverberator furnaces,
sintering machines, roasters, and foundry furnaces)
(8) Titanium dioxide chloride process oxidation reactors
(9) Methane reforming furnaces
(10) Pulping liquor
(11) Combustion devices used on the recovery of sulfur values
from soent sulfuric acid
(12) Halogen acid furnaces (HAFs) for the production of acid from
halogenated hazardous waste generated by chemical production
facilities where the furnace is located on the site of a chemical
production facility, the acid product has a halogen acid content of at
least 3%, the acid product is used in a manufacturing process, and
except for hazardous wastes burned as a fuel, hazardous waste fed to
the furnace has a minimum halogen content of 20% as-generated.
(13) Such other devices as the Administrator may, after notice
and comment, add to this list on the basis of one or more of the
following factors:
(i) The design and use of the device primarily to accomplish
recovery of material products;
(ii) The use of the device to burn or reduce raw materials to
make a material product;
(iii) The use of the device to bum secondary materials as effective
substitutes for raw materials, in processes using raw materials as
principal feedstocks;
(iv) The use of the device to burn or reduce secondary materials
as ingredients in an industrial process to make a material product;
II-8
FDR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Industrial Furnace
(continued)
Inner Liner
Interim Status
Landfill
Land Treatment
Leachate
Liability
Liner
Listed Wastes
Manifest
(v) The use of the device in common industrial practice to
produce a material product; and
(vi) Other factors, as appropriate.
A continuous layer of material placed inside a tank or container to
protect the construction materials of the tank or container from the
contained waste or reagents used to treat the wastes.
A status classification that allows owner/operators of treatment,
storage, or disposal facilities that existed or were under construction
prior to November 19, 1980 to continue to operate without a permit
after that date. Owner/operators of such facilities are eligible for
interim status on an ongoing basis if the facility is in existence on the
effective date of regulatory changes under RCRA that cause the
facility to be subject to Subtitle C regulation. Owner/operators of
facilities with interim status are subject to and must comply with the
applicable standards in 40 CFR Part 265. Interim status is gained
through the notification process and by submitting Part A of the
permit application.
A disposal facility or part of a facility where hazardous waste is
placed in or on land and that is not classified as a land treatment
facility, a surface impoundment, or an injection well.
A facility or part of a facility at which hazardous waste is applied
onto or incorporated into the soil surface. Such facilities are disposal
facilities if the waste remains after closure.
Any liquid, including its suspended components, that has percolated
through or drained from hazardous waste.
The state of being legally responsible for property damage or bodily
injury caused during the operational, and closure or post-closure
phases, of a hazardous waste management facility.
A continuous layer of natural or human-made materials beneath, or
on the sides of, a surface impoundment, landfill, or landfill cell that
restricts the downward or lateral escape of hazardous waste,
hazardous waste constituents, or leachate.
Hazardous wastes that have been placed on one of three lists
developed by EPA: nonspecific source wastes, specific source wastes,
or commercial chemical products. These lists were developed by
examining different types of waste and chemical products to see if
they exhibited one of the four characteristics in the statutory
definition of hazardous waste, were acutely toxic or hazardous, or
were otherwise toxic.
The shipping document, EPA Form 8700-22. used to identify the
quantity, composition, origin, routing, and destination of hazardous
waste during its transportation from the point of generation to the
point of treatment, storage, or disposal.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements), contained herein.
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Metric Ton
Monitoring
Monitoring and
Analysis Order
MSDS
New Facility
New Tank System
Offsite
One-Hundred-Year
Flood Plain
Onsite or On Site
Operator
Owner
Part A
2200 pounds.
Methods used to inspect and collect data on a facility's operational
parameters or on contiguous air, groundwater, surface-water, or soil
quality.
Used to evaluate the nature and extent of a substantial hazard to
human health or the environment that exists at a treatment, storage,
or disposal facility. It can be issued either to the current owner or to
a previous owner/operator if a facility is not currently in operation or
if the present owner could not be expected to have knowledge of the
release potential.
Material Safety Data Sheets. Standard information sheets that are
provided by chemical manufacturers with their chemicals,
identifying any hazards associated with the product and outlining
ways to respond to accidental spills.
A treatment, storage, or disposal facility that began operation on or
before, or whose construction commenced after, November 19, 1980.
A tank system or component that will be used for the storage or
treatment of hazardous waste and for which installation commenced
after July 14,1986; except for purposes of §264.193(g)(2), a new tank
system is one for which construction commenced after July 14, 1986.
The opposite of onsite (see "Onsite").
Areas adjacent to streams wnere tne probability of flooding in any
given year is one in a hundred.
An onsite location is one on a particular property or on
geographically contiguous property, which may be divided by public
or private nght(s)-of-way, provided the entrance and exit between
the properties is at a cross-roads intersection, and access is by
crossing (as opposed to going along( the right(s)-of-way.
Noncontiguous properties owned by the same person but connected
by a right-of-way controlled by that person and to which the public
does not have access is also considered onsite property.
The person responsible for the overall operation of a facility.
The person who owns a facility or part of a facility.
The first part of the two-part application which must be submitted by
a treatment, storage, or disposal facility to receive a permit. It
contains general facility information that is presented in a standard
form.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Part B
Partial Closure
Post-Closure
Requirements
Permit
Permit-by-Rule
Permit
Requirements
Person
Point Source
Policy
RCRA
The second part of the two-part permit application, which includes
detailed and highly technical information concerning the treatment,
storage, or disposal facility in question. No standard form exists for
Part B; the facility must submit information based on regulatory
requirements.
The closure of a discrete part of a facility in accordance with the
applicable closure requirements of 40 CFR Parts 264 and 265. For
example, partial closure may include the closure of a trench, a unit
operation, a landfill cell, or a pit while other parts of the same facility
continue to operate or are placed in operation at some future time.
Monitoring and maintenance requirements for closed HWM units
throughout the post-closure care period; these are specified as part of
facility-specific permit conditions.
An authorization, license, or equivalent control document issued by
EPA or an approved State to implement the requirements of Part 270
and Parts 271 and 124. A permit may be a permit by rule (§270.61).
This does not include any permit which has not been the subject of
final agency action, such as a draft permit or a proposed permit.
A provision of Subtitle C whereby a facility is deemed to have a
RCRA permit if it is permitted under the Safe Drinking Water Act,
the Clean Water Act, or the Marine Protection, Research, and
Sanctuaries Act, and also meets additional Subtitle C requirements
specified in 40 CFR Section 270.60.
Requirements in a RCRA permit, including ambient performance,
design, and/or operating standards contained in the regulations that
the owner/operator must meet in perpetuity in constructing,
operating, closing, and caring for the facility.
An individual, trust, firm, joint stock company, corporation
(including a government corporation), partnership, association.
State, municipality, commission, political subdivision of a State,
any interstate body.
or
Any discernible, confined, and discrete conveyance, including, but
not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, container, rolling stock, concentrated animal feeding
operation, vessel, or other floating craft from which pollutants are or
may be discharged. This term does not include return flows from
irrigated agriculture.
A document that specifies operating policies that must be followed.
They are used by program offices to outline the manner in which
pieces of the RCRA program are to be carried out.
Abbreviation for the Resource Conservation and Recovery Act of
1976. RCRA was amended by HSWA in 1980 and most recently on
November 8, 1984.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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RCRIS
Regional
Administrator
Abbreviation for the Resource Conservation and Recovery Act
Information System, a database detailing RCRA facilities.
The highest ranking official in each of the 10 EPA Regions.
Regulation
Regulatory
Compliance
Representative
Sample
Resource Recovery
Self
Implementing
Regulations -
Soil Porosity
The legal mechanism that spells out how a statute s broad policy
directives are to be carried out. Regulations are published in the
Federal Register and then codified in the Code of Federal
Regulations.
Meeting the requirements of Federal or State regulations regarding
facility design, construction, operation, performance, closure, and
post-closure care.
A sample of a Universe or greater entity (e.g„ waste pile, lagoon,
ground water, or waste stream) that can be expected to exhibit the
average properties of the universe or greater entity.
The recovery of material or energy from solid waste.
Regulations mandated by Congress that are similar in nature to a
"hammer" in that they take effect automatically on a certain date
unless EPA has developed its own regulations to supersede them.
The ratio of the volume of the pores between soil particles to the
volume of the soil itself. Soil porosity is a function of the particles'
grade, size, and form or type (shape). Determines the soil's physical
condition at different moisture levels and its ability to retard or
accelerate water and contaminant movement.
Solid Waste
Solid Waste
Disposal Act
of 1965
Refers to any garbage; refuse; sludge from a waste treatment plant,
water supply treatment plant, or air pollution control facility; and
other discarded materia], including solid, liquid, semisolid, or
contained gaseous material resulting from industrial, commercial,
mining, and agricultural operations, and from community activities.
It does not include solid or dissolved material in domestic sewage;
solid or dissolved materials in Irrigation return flows; industrial
discharges that are point sources subject to permits under the Clean
Water Act; or special nuclear or byproduct material as defined by the
Atomic Energy Act of 1954.
First legislation related to Federal solid waste amended by HSWA
in 1980 and 1984.
State
Any of the 50 States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
State Hazardous
Waste Plan
A scheme generated at the State level to deal with the management
of hazardous waste generated, treated, stored, or disposed of within
the State or transported outside the State.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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A law, as passed by Congress and signed by the President.
The holding of hazardous waste for a temporary period, at the end of
which the hazardous waste is treated, disposed of, or stored
elsewhere.
See "CERCLA."
Surface Impoundment A facility, or part of a facility, that is a natural topographic
depression, human-made excavation, or diked area formed primarily
of earthen materials (although it may be lined with human-made
materials), that is designed to hold an accumulation of liquid wastes
or wastes containing free liquids, and that is not an injection well.
Examples of surface impoundments are holding, storage, settling,
and aeration pits, ponds, and lagoons.
Reference number for "Test Methods for the Evaluation of Solid
Waste, Physical/Chemical methods." a methods manual for the
sampling and analysis of wastes.
A stationary device designed to contain an accumulation of
hazardous waste; constructed primarily of non-earthen materials
(e.g., wood, concrete, steel, plastic) which provide structural support.
TCLP An acronym for the toxicity characteristic leaching procedure test
that replaced the EP toxicity test It is designed to identify wastes
likely to leach hazardous concentrations into groundwater as a result
of improper management.
The Act A shortened reference to the Resource Conservation and Recovery
Act.
Thermal Treatment The treatment of hazardous waste in a device that uses elevated
temperatures as the primary means of changing the chemical,
physical, or biological character or composition of the hazardous
waste. Incineration is an example of thermal treatment.
Topographic Map A map indicating surface elevations of an area through the use of
contour lines. It also shows population centers and other cultural
and land-use features, surface water drainage patterns, and forests.
These maps enable quick identification of areas of slopes that are
more suitable for sanitary landfills.
Totally Enclosed A facility for the treatment of hazardous waste that is directly
Treatment Facility connected to an industrial production process and that is constructed
and operated in a manner that prevents the release of any hazardous
waste or any constituent thereof into the environment during
treatment. An example is a pipe in which waste acid is neutralized.
Transfer Facility Any transportation-related facility, including loading docks, parking
areas, storage areas, and other similar areas, where shipments of
hazardous waste are held during the normal course of
transportation.
IM3
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
Statute
Storage
Superfund
SW846
Tank
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OSWER Dir. No. 9938.02(b)
Transporter
Treatment
TSD Facility or TSDF
UN/NA Number
Waste Management
Practices
Waste Minimization
Wastewater Treatment
Unit
Water Table
Wetlands
Any person engaged in the offsite transportation of hazardous waste
within the United States by air, rail, highway, or water, if such
transportation requires a manifest under 40 CFR Part 262.
Any method, technique, or process, including neutralization,
designed to change the physical, chemical, or biological character or
composition of any hazardous waste so as to neutralize it; to render it
nonhazardous or less hazardous; to recover it; to make it safer to
transport, store, or dispose of; or to make it amenable to recovery,
storage, or volume reduction.
Abbreviation for treatment, storage, or disposal facility.
Hazardous material identification number assigned to chemicals,
wastes, and other hazardous materials by DOT. Under DOT
regulations, UN/NA numbers for all hazardous materials in a
shipment must be listed on the shipping papers accompanying the
shipments. For hazardous wastes, UN/NA numbers must be
recorded on the Uniform Hazardous Waste manifest accompanying
all hazardous waste shipments under item 11 of the manifest, as part
of the DOT description of the waste.
UN/NA numbers are listed by chemical or waste name in 49 CFR
172.101 and 102. Numbers bearing the prefix "UN" are associated
with descriptions appropriate for international shipments as well as
domestic shipments. Numbers bearing the prefix NA are associated
with descriptions that are not recognized for international
shipments, except to and from Canada.
Refers to aspects of a facility's design, operation, and closure that
ensure protection of human health and the environment while
treating, storing, or disposing of hazardous wastes.
Refers to the reduction in the volume or quantity of hazardous waste
by the waste generator, to the extent economically practicable.
A device which (1) is part of a wastewater treatment facility that is
subject to regulation under either §402 or §307(b) of the Clean Water
Act; and (2) receives and treats or stores an influent wastewater that
is a hazardous waste as defined in §261.3, generates and
accumulates a wastewater treatment sludge that is a hazardous
waste as defined in §261.3, or treats or stores a wastewater
treatment sludge which is a hazardous waste.
1) The upper limit of the part of the soil or underlying rock material
that is wholly saturated with water; 2) the upper surface of the zone
of saturation in ground waters in which the hydrostatic pressure is
equal to atmospheric pressure.
Bogs, swamps, marshes, tidal flats, or other areas inundated by
ground or surface water with a frequency sufficient to support a
prevalence of vegetative or aquatic life that requires saturated or
seasonally saturated soil conditions; for growth and reproduction.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutoiy or
regulatory requirements are in any way altered by any statement^) contained herein.
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Appendix III
Regulatory
Requirements Synopsis and
Inspection Procedures
SECTION PAGE
Introduction. III-2
Table III-l Part 261 — Identification of Hazardous Waste III-4
Table III-2 Part 262 — Generator Regulatory Requirements.... III-30
Table III-3 Part 263—Transporter Regulatory Requirements 111-54
Table 1II-4 Part 265 — Interim Status Facility Regulatory
Requirements 111-64
Table III-5 Part 264 — Permitted Facility Regulatory
Requirements Ill-192
Table III-6 Part 266 — Standards for Management of Specific
Hazardous Wastes and Specific Types of
Hazardous Waste Management Facilities III-236
Table II1-7 Part 268 — Land Disposal Restrictions Regulatory
Requirements III-284
Table III-8 Part 279 — Used Oil Management III-345
IIM
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
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Introduction to the Regulatory Requirements Synopsis
and Inspection Procedures Appendix
The following Tables present RCRA regulatory material that is critical for inspectors to
understand. Each Table is comprised of two related components that should be read together. The
RCRA regulations (40 CFR Parts 261 through 268) have been summarized in the Regulatory
Requirements Synapsis which is presented on the left hand pages of the Table. Inspection
procedures useful for verifying compliance with the regulations are presented on the right hand
pages.
The Regulatory Requirements Synopsis is designed as a quick reference. Therefore/ the,
summaries state only the key points of each regulation. Studying these kev points is not a
substitute for reading an entire regulation.
Where possible, the Inspection Procedures are presented in a bulleted format to identify
important concerns and areas that might otherwise be overlooked. When an in-depth description of
inspection procedures is necessary, a few detailed paragraphs are provided to clarify these
circumstances.
Keep in mind that when permitted facilities are being inspected, the permit conditions drive
the inspection. The inspection of permitted facilities is covered in depth in Chapter 3 of this
manual.
Blank space has been left on many of the inspection procedure pages to allow for writing in
additional inspection procedures about which an inspector may learn.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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TABLE III-l IDENTIFICATION OF HAZARDOUS WASTE
Identification of Hazardous Waste
§261.2 Definition of Solid Waste
(a)(1) A solid waste is any discarded material that is not excluded.
(2) Discarded is abandoned (disposed of, burned, stored or treated prior to disposal), recycled,
or inherently waste-1 ike.
(c)(1) Recycled materials are solid wastes if they are used in a manner constituting disposal,
such as applied on land or used in products applied on the land if that is not their
ordinary manner of use.
(c) (2) Recycled materials are solid waste if they are burned to recover energy or used to produce
a fuel.
(c)(3) The following materials are solid wastes when reclaimed: spent materials, listed sludges
and by-products, and scrap metal.
(c)(4) Recycled materials are solid wastes if they are accumulated speculatively except for listed
commercial chemical products.
(d) Inherently waste-like materials are solid wastes when recycled in any manner.
(e)(1) Recycled materials are not solid waste when they are used as ingredients in an industrial
process or as effective substitutes for products, provided no reclamation is involved.
(f) Respondents in actions to enforce RCRA Subtitle C regulations must document claims that
materials are not solid waste or are conditionally exempt.
§261.3 Definition of Hazardous Waste
(a)(l ,2) A solid waste is a hazardous waste if it is not excluded and It meets any of the following
criteria:
(i) Exhibits a characteristics) of hazardous waste identified in Part 261, Subpart C;
(ii) Is listed in Part 261, Subpart D;,
(iii) Is a mixture of a solid waste and a listed hazardous waste that is listed solely
because it exhibits a characteristic unless the mixture no longer exhibits the
characteristic of the hazardous waste; or
(iv) Is a mixture of solid waste and specific listed wastes discharged under the Clean
Water Act.
Is a mixture of a listed hazardous waste(s) and a solid waste;
Is a mixture, of waste, when the waste exhibits any characteristics.
Any solid waste generated from the treatment, storage, or disposal of a hazardous waste is
a hazardous waste, unless it no longer exhibits any characteristics, or it has been delisted
if it is derived from a listed waste. '
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
(b)(2)
(b)(3)
(c,d)
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Sections 261.2 and 261.3
• Prior to an inspection, the inspector should be familiar with the processes
occurring at the facility. The determination of what material is a hazardous
waste subject to regulation under Subtitle C of RCRA is the essence of any
inspection. While the generator must determine if a material is a hazardous
waste, the inspector must substantiate the determination. Therefore, it is
essential that the inspector know the definitions and exceptions for hazardous
waste. Information on waste generation at specific industries should be
consulted when needed.
• When making a hazardous waste determination under §261.3, the protocol in
§262.11 needs to be followed. For example, when determining if a solid waste,
which is not excluded, meets the definition of a hazardous waste, the generator
must first determine if the solid waste meets the criteria of a listed waste. In
other words, listings take precedence over characteristics.
Also, see discussion under §262.11 on page 111-31 (determining if a listed waste
exhibits any characteristics for purposes of Part 268).
• During the inspection, the inspector should ask about the wastes that are
typically generated during processes found onsite. The inspector should confirm
that listed wastes are managed as hazardous waste and verify that generators
have tested or apply their knowledge to wastes that are suspected of exhibiting
hazardous characteristics. The inspector should be wary of generator
determinations that materials are "recycled" or "not hazardous" unless
documentation is provided. However, this documentation is not explicitly
required in §261.2(f). Instead, it must be provided if a person is responding in an
action to ensure implementation of RCRA Subtitle C regulations.
• Commercial chemical products are not considered solid wastes if the products are
applied to the land or used as a fuel and either activity is considered an ordinary
manner of use (§261.2(c) (1) (ii) and (c) (2) (ii)). This provision can extend beyond
commercial chemical products listed in §261.33.
When a recycling claim is made so that a material would not be considered a
hazardous waste or a solid waste, the following questions can be asked by the
inspector to establish a distinction between recycling and sham recycling or
treatment:
• Is the secondary material similar to an analogous raw material or product?
• What degree of processing is required to produce a finished product?
• What is the value of the secondary material?
• Is there a guaranteed market for the end product?
• Is the secondary material handled in a manner consistent with the raw
material/product it replaces?
• Are the toxic constituents actually necessary (or of sufficient use) to the
product?
III-5
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
111,6
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Sections 261.2 and 261.3 (continued)
• Currently, there are two categories of waste considered inherently waste-like
materials: 1) F020, F021 (unless used as an ingredient), F022, F023, F026, and
F028; and 2) secondary materials added to a halogen acid furnace (HAF).
• The mixture rule in §261.3 states that a mixture of wastes that no longer exhibits
a characteristic^) is not considered a hazardous waste. However, certain acts of
mixing wastes together may meet the broad definition of treatment. Treatment
includes, for example, a method designed to change the physical composition of a
material and to render it non-hazardous. Thus, while a generator may be falling
under the hazardous waste definition criteria of §261.3, the generator may be
required to obtain a treatment permit under certain circumstances.
Also, see discussions under
• §262.34 (treatment in accumulation tanks or containers without a permit)
• Part 268 (dilution prohibition and waste analysis plan).
III-7
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Exclusions: Solid and Hazardous Wastes
§261.4 Exclusions
The following materials are not solid wastes:
(a)(1) Domestic sewage and mixture of domestic sewage and other wastes;
(2) Industrial wastewater point source discharges under the Clean Water Act;
(3) Irrigation return flows;
(4) Special nuclear or byproduct material;
(5) Materials subject to in-situ mining techniques;
(6) Pulping liquors that are reclaimed in a pulping furnace;
(7) Spent sulfuric acid used to produce virgin sulfuric acid;
(8) Secondary materials that are reclaimed and returned to the original process;
(9) Spent wood preserving solutions that are reclaimed and reused, and wood
preserving wastewaters reclaimed and reused to treat wood; and
(10) Toxicity characteristic and listed hazardous coke by-product residues that are used
in producing coke and coal tar.
The following materials are solid wastes but not hazardous wastes:
(b)(1) Household waste;
(2) Agricultural waste returned to the soils as fertilizers;
(3) Mining overburden returned to the mining site;
(4) Ash from combustion of coal or other fossil fuels;
(5) Drilling fluids and other wastes associated with the production of crude oil, natural
gas, or geothermal energy;
(6) Wastes failing the TC test for chromium if the chromium is in the trivalent state and
generated in the leather tanning and finishing industry;
(7) Solid waste from the extraction, beneficiation, and processing of ores and minerals
(8) Cement kiln dust;
(9) Arsenical-treated wood or wood products failing the TC test for arsenic, used as
intended and discarded;
(10) Petroleum-contaminated media and debris failing the TC test for D018 through
D043 (newly identified organic constituents only) which are subject to corrective
action under the Underground Storage Tank program described in 40 CFR Part 280;
(11) Injected ground water, failing the TC test for DO 18 through D043 only, from
hydrocarbon recovery operations undertaken at a certain petroleum industry site
until January 25, 1991;
(12) Reclaimed chlorofluorocarbon refrigerants; and
(15) Non-terne plated used oil filters that are not drained.
(c) Hazardous waste is not regulated if generated in a product or raw material storage
tank, or in a manufacturing process unit until it exits the unit or until the unit
ceases to operate for more than 90 days.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Section 261.4
• The solid waste exclusion in §261.4(a)(l) applies to the hazardous waste when it
first enters a sewer system that will mix it with sanitary sewage prior to
treatment or storage at a POTW. If a hazardous waste is managed in containers
before discharge to a POTW, then the waste is considered to be managed in
RCRA-regulated units. The industrial wastewater point source discharge
exclusion (§261.4 (a) (2)) applies only to the actual point source discharge. If the
wastewaters are collected, stored, or treated before discharge, then the waste is
also managed in RCRA units.
• To qualify for the §261.4(a)(8) exclusion for secondary materials that are
reclaimed and returned to the original process, four criteria must be met:
1) there is tank storage and the entire process is enclosed; 2) no controlled flame
combustion; 3) materials are not accumulated over twelve months; and 4) the
reclaimed material is not used to produce fuel or used in a manner constituting
disposal.
• Currently, household waste is not considered hazardous waste (§261.4(b)(l)),
regardless of whether the resulting ash from the incineration of the waste
exhibits any characteristics in Part 261, Subpart C; this is because the Clean Air
Act Amendments of 1990 established a two-year moratorium on ash from
municipal energy recovery plants or incinerators. From November 1990 to
November 1992, the ash will not be under RCRA Subtitle C jurisdiction, at the
federal level.
• The mining waste exclusion (§261.4 (b)(7)) extends to certain wastes resulting from
the extraction, beneflciation, and processing of ores and minerals. In 1990, the
exclusion for processing wastes was narrowed to include 20 specific waste
streams. In July 1991, a regulatory determination was made to develop programs
to manage these 20 excluded materials under RCRA Subtitle D or TSCA.
• On July 23,1990, five mineral processing wastes that were formerly exempt from
regulation under §261.4(b)(7) lost exempt status. These five wastes are now
regulated as hazardous, if they exhibit a characteristic.
Also, see discussion under §268.32 (LDR California list prohibitions do not apply).
Ill 9
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Exclusions: Solid and Hazardous Wastes (continued)
§261.4 Exclusions (continued)
(d) Samples of solid waste or environmental media tested for characteristics or
composition are not subject to hazardous waste.regulation.
(e,f) Treatability study samples of hazardous waste are not subject to hazardous waste
regulation.
111-10
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
. regulatory requirements are in any way altered by any statement(s) contained herein.
No statutory or
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Section 261.4 (continued)
Since the promulgation of the TC rule (§261.24), four exclusions or deferrals have |
been established:
• Petroleum contaminated media and debris (§261.4(b)(10))
• Injected groundwater for hydrocarbon recovery operations (§261.4(b)(ll))
• Reclaimed chlorofluorocarbon refrigerants (§261.4(b)(12))
• PCB fluids which are also TC hazardous (§261.8).
The exclusions only apply to the 25 new organic constituents (D018-D043). For
example, during a Part 280 underground storage tank corrective action,
contaminated soil is exhumed. When tested, the soil is both TC hazardous for
lead (D009) and benzene (D018). The soil, however, would only be classified as
hazardous for its lead content, and the benzene content would be excluded under
§261.4(b)(10).
Additionally, each of the above exclusions have specific criteria. For instance,
the re-injected groundwater exclusion only apples to re-injections occurring at
petroleum refineries, petroleum marketing terminals, petroleum bulk plants,
petroleum pipelines, and petroleum transportation spill sites.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are In any way altered by any statements) contained herein.
No statutory or
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OSWER Dir. No. 9938.02(b)
CESQG
§261.5 Special Requirements for Hazardous Waste Generated by Conditionally Exempt
Small Quantity Generators (CESQG)
(c) , Hazardous waste that is not subject to regulation, or that is subject only to regulation
under §§262.11, 262.12, 262.40(c), and 262.41. is not included in the quantity
determination of Parts 261 through 266, 268 and 270, and is not subject to any of the
requirements bf those parts. Hazardous waste that is subject to the requirements of
§261.6(b) and (c) and Subpart C, H, and F of Part 266 is included in the quantity
determination of Part 261 and is subject to the requirements of Parts 262 through 266
and 270.
(d) In determining the quantity of hazardous waste generated, a generator need not
include:
(d)(1) Hazardous waste when it is removed from on-site storage;
(d)(2) Hazardous waste produced by on-site treatment (including reclamation) of
hazardous waste, so long as the hazardous waste that is treated was counted
price; or
(d)(3) Spent materials that are generated, reclaimed, and subsequently re-used on-site
so long as the materials have been counted once.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Section 261.5
Section 261.5 includes provisions for Conditionally Exempt Small Quantity Generators
(CESQGs) who are exempt from Part 262 regulated generator status provided all the criteria in this
Section are met.
Hazardous waste generators fall into three categories: Conditionally Exempt Small
Quantity Generator (CESQG), Small Quantity Generator (SQG), and Large Quantity Generator
(LQG). Generator categories are determined by monthly calendar count:
CESQG = less than 100 kg/month of hazardous waste or less than 1 kg/month of acute
hazardous waste
• SQG = greater than or equal to 100 kg/month but less than 1000 kg/month of hazardous
waste
• LQG = greater than or equal to 1000 kg/month of hazardous waste and/or greater than
or equal to 1 kg/month of hazardous waste and/or greater than of equal to 1 kg/month of
acute hazardous waste.
The counting requirements in paragraphs (c) & (d) of §261.5 apply to all three categories of
generators. All hazardous waste generated is counted except:
• Waste exempted under §§261.4(c) through (0. 261.6(a)(3),.261.7, or 261.8;
• Waste managed only in exempt §264/265.1 elementary neutralization units, wastewater
treatment units, and totally enclosed treatment facilities as defined in §261.10 (Note: if
any of these, wastes are managed, for example, in containers, before being treated in one
of these exempt units, then the waste must be counted);
• Waste managed in an exempt §261.6(c) recycling unit, provided that the waste is not
first managed in other units (e.g., containers);
• Spent lead-acid batteries regulated under Part 266 Subpart G; and
• Used oil burned for energy recovery regulated under Part 266 Subpart E.
If a waste does not fall within one of the five exceptions above, then the waste needs to be
counted. If recycling is taking place at a site, then an inspector needs to pay close attention to the
counting activities of a generator. For example, still bottoms from solvent recycling do not need to
be counted if the solvent waste entering the §261.6(c) unit had already been counted (because the
waste had been managed in a regulated unit, prior to entering the §261.6(c) recycling unit). On the
other hand, if the solvent waste had not been counted because it was not stored in regulated
containers, the still bottoms would have to be counted after exiting the recycling unit.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are tn any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
IIM4
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
CATEGORIES OF HAZARDOUS WASTE GENERATORS
KEY:
= 1 barrel = about 200 kilograms of hazardous waste which is
about 55 gallons
YOU ARE A LARGE QUANTITY GENERATOR IF...
In one calendar month you...
¦ generate 2,200 pounds or more of hazardous waste or
¦ generate 2,200 pounds or more of spill cleanupo debris containing
hazardous waste or
¦ generate more than 2.2 pounds of actutely hazardous waste or
m generate more than 220 pounds of spill cleanup debris contaiing an
acutely hazardous waste or
At any time you...
¦ accumulate more than 2.2 pounds of acutely hazardous waste on-site
YOU ARE A SMALL QUANTITY GENERATOR IF...
In one calendar month you...
¦ generate more than 220 pounds and less than 2,200 pounds of hazardous
wastes or
¦ generate more than 220 pounds and less than 2,200 pounds of spill
cleanup debris containing hazardous wastes or
At anytime you...
¦ accumulate more than 2,200 pounds of hazardous waste on-site
YOU ARE A CONDITIONALLY EXEMPT SMALL QUANTITY GENERATOR IF...
In one calendar month you.
¦ generate 2.2 pounds or less of acutely hazardous wastes lorl
¦ generate 220 pounds or less of hazardous wastes or
¦ generate 220 pounds or less of spill cleanup debris containing hazardous
waste or
At any time you...
¦ accumulate up to 2,200 pounds of hazardous waste on-site
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FOR USE BY EPA INSPECTION PERSONNEL'ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Recyclable Materials
§261.6 Recyclable Materials
(a)(1) Hazardous wastes that are recycled are subject to the requirements for generators,
transporters, and storage facilities set forth in (b) and (c) below except for the materials
listed in (b) and (c).
(a) (2) The following recyclable materials are not subject to requirements of this Section but are
subject to Part 266 and all applicable provisions in Parts 270 and 124:
Used in a manner constituting disposal (Subpart C);
Hazardous waste burned for energy recovery in boilers and industrial
furnaces (Subpart H);
Used oil burned for energy recoveiy (Subpart E);
Reclaimed for precious metals (Subpart F); and
Reclaimed spent lead-acid batteries (Subpart G).
(a)(3) The following recyclable materials are not subject to regulation under RCRA:
(a) (3) (i) Industrial ethyl alcohol that is reclaimed unless otherwise speciiied in an
international agreement in §262.58:
Used batteries returned to a battery manufacturer for regeneration:
Used oil that exhibits one or more of the characteristics of a hazardous
waste that is recycled in some manner other than burned for energy
recovery:
Scrap metal;
Fuels produced from the refining of oil-bearing hazardous wastes;
Oil reclaimed from hazardous waste resulting from petroleum refining,
production, and transportation practices;
Coke and coal tar from the iron and steel industry that contains K087;
Hazardous waste fuel produced from oil bearing hazardous wastes from
petroleum activities where the waste is reintroduced into a process that
does not use distillation, or does not produce products from crude oil, so
long as the resulting fuel meets oil specification in §266.40(e) and no other
hazardous wastes are used to produce the fuel;
Hazardous waste fuel produced from oil-bearing hazardous waste from
petroleum activities, where the waste is re-introduced into a refining
process and the fuel meets the specification in §266.40(e);
Oil reclaimed from oil-bearing hazardous waste from petroleum activities
which is burned as a fuel without re-refining, provided the oil meets the
used oil fuel specification; and
Petroleum coke produced from petroleum refinery wastes containing oil at
the same facility at which the wastes were generated, unless the coke
product exhibits a hazardous waste characteristic.
(b) Generators and transporters of recyclable materials are subject to Parts 262 and 263, except
as provided in (a) above.
(a) (2) (i)
(a)(2)(ii)
(a)(2)(iii)
(a)(2)(iv)
(a)(2)(v)
(a)(3)(ii)
(a)(3)(iii)
(a)(3)(iv)
(a)(3)(v)
(a)(3)(vi)
(a)(3) (vii)
(a)(3)(viii)(A)
(a)(3)(viii)(B)
(a)(3) (viii)(C)
(a)(3)(ix)
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Section 261.6
If a recyclable hazardous waste does not meet the criteria found in (a) (2) or (3) of §261.6,
then the waste is subject to the applicable requirements of (c) and (d). An example of such a waste
would be a solvent distillation unit. According to (c) and (d), the solvent wastes would be stored and
transported as hazardous waste. The recycling unit itself is exempt from RCRA regulation (i.e., it is
not a permitted Part 264 treatment unit). The recycling unit, however, may be regulated by
another statute such as the Clean Air Act). Additionally, if the solvent distillation unit is located at
a Part 264/265 TSDF, it may be regulated under air emission regulations of subparts AA and BB of
Part 264/265 (see §261.6(d)).
What Regulations Apply to Recycling?
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Recyclable Materials (continued)
(c)(1) Owners/operators of facilities that store recyclable materials before they are recycled are
regulated under applicable storage permitting regulation in Parts 264 and 265, except as
provided in paragraph (a) of this section. (The recycling process itself is exempt from
regulation except as provided in §261.6(d)).
(c)(2) Owners/operators of facilities that recycle without first storing are subject to the following,
except as provided in (a) above:
(c)(2)(i, ii, iii) Notification requirements; §§265.71 and 265.72 (manifest use and
discrepancies); and §261.6(d).
(d) Owners/operators of facilities with recycling units subject to RCRA permitting requirements
are also subject to the requirements of subparts AA and BB of Parts 264 and 265.
mis
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Containers
§261.7 Residues of Hazardous Waste in Empty Containers
(a)(1) Any hazardous waste remaining in an empty container or an inner liner, as defined
as empty in (b) below, is not subject to hazardous waste regulation.
(a)(2) Any hazardous waste in either a container that is not empty or an inner liner
removed from a container that is not empty is subject to hazardous waste regulation.
(b)(1) A container or an inner liner is empty if:
all wastes have been removed using commonly employed practices,
and
no more than 25 centimeters (one-inch) of residues remains on the
container bottom or liner, or no more than 3 percent by weight of
the total capacity of the container remains in the container or
jnner liner if the container is greater than 110 gallons in size.
(b)(2) A compressed gas container is empty when the pressure approaches atmospheric.
¦ J ' "
(b)(3) A container or liner that held an acute hazardous waste is empty if:
(b)(3)(i,ii,iii) it has been triple rinsed using a solvent, or cleaned by method that
is equivalent, or the inner liner prevented contact with commercial
chemical product and it has been removed.
(b)(1)©
(b)(l)(ii,iii)
111-20
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are in any way altered by any statement^) contained herein.
No statutory or
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Section 261.7
Key Considerations:
• Has the waste been removed by all commonly employed practices (for example,
spilling, pouring, pumping, etc.)? If it has been, does the container have no more
than one inch of residue remaining?
• If the residues in an "empty" container are subsequently exhumed and managed,
§261.7 exempts the resulting material from hazardous waste regulation, including
the requirement to determine if the solid waste exhibits a hazardous
characteristic under Part 261 Subpart C.
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
PCBs
§261.8 The disposal of PCB-containing dielectic fluid, and electrical equipment containing such
fluid, regulated under 40 CFR Part 761 and that are hazardous only for TC (D018-D043)
are exempt from hazardous waste regulation.
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regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Section 261.8
Key Considerations:
• Is the PCB component of the waste regulated under TSCA, 40 CFR Part 761?
• By themselves, PCBs are not RCRA hazardous wastes; Instead, they are regulated
under the Toxic Substances Control Act (TSCA). However, under two
circumstances, PCB wastes can become RCRA hazardous wastes:
PCBs can be mixed with a listed hazardous waste and thus become
regulated under the mixture rule (§261.3(a) (2) (iv))
PCBs can exhibit a characteristic of a hazardous waste and thus be
regulated under RCRA, unless the waste meets the §261.8 exclusion.
A PCB waste that is hazardous solely because it contains one of the organic
constituents covered by the TC rule — D018-D043—is not considered to be a RCRA
hazardous waste." The reasons for this exemption is that PCBs are generally found in
the presence of chlorobenzene, which is a TC constituent. EPA does not want all
PCB wastes to become subject to the RCRA regulations because TSCA requirements
provide adequate safeguards for managing these wastes.
111-23
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements} contained herein.
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OSWER Dir. No. 9938.02(b)
Characteristics of Hazardous Waste
§261.20 Genera]
(a) A solid waste, as defined in §261.2, if not excluded by §261.4(b), is a hazardous waste if
it exhibits the characteristics of ignitability, corrosivity, reactivity or toxicity.
(b) A hazardous waste which is identified by a characteristic must be assigned every
applicable EPA Hazardous Waste Number in 40 GFR Part 261 Subpart C.
(c) Appendix I of 40 CFR Part 261 contains suggested representative sampling methods;
however a person may employ an alternative method without formally demonstrating
equivalency.
§261.21 Characteristic of Ignitability (D001)
(a) A solid waste exhibits the characteristic of ignitability if a representative sample of the
waste is:
(1) A liquid having a flashpoint of less than 140 degrees Fahrenheit (60 degrees
Centigrade);
(2) A. non-liquid which causes fire through friction, absorption of moisture, or
spontaneous chemical changes and, when ignited, burns so vigorously and
persistently it creates a hazard;
(3) An ignitable compressed gas; or
(4) An oxidizer.
§261.22 Characteristic of Corrosivity (D002)
(a) A solid waste exhibits the characteristic of corrosivity if a representative sample of the
waste is: ' ' -
(1) Aqueous, with a pH less than or equal to 2, or greater than or equal to 12.5; or
(2) Liquid and corrodes steel at a rate greater than 6.35 mm per year when applying
a National Association of Corrosion Engineers Standard Test Method.
§261.23 Characteristic of Reactivity (D003)
(a) A solid waste exhibits the characteristic of reactivity if a representative sample of the
waste:
(1) Is normally unstable and readily undergoes violent change;
(2) Reacts violently with water:
(3) Forms potentially explosive mixtures with water;
(4) Generates toxic gases, vapors, or fumes when mixed with water;
(5) Is a cyanide or sulfide-bearing waste which, when exposed to pH conditions
between 2 and 12.5, can generate toxic gases, vapors, or fumes;
(6) Is capable of detonation or explosion if subjected to a strong initiating source of if
heated under confinement;
(7) Is readily capable of detonation or explosive decomposition or reaction at
standard temperature and pressure; or
(8) Is a forbidden explosive as defined by DOT.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Sections 261.20 through 261.24 (Subpart C)
BE FAMILIAR WITH PROPER METHODS OF MEASURING AND DETECTING
CHARACTERISTICALLY HAZARDOUS WASTE:
• Ignitability .
-- Ignitable liquids must be identified through use of the test methods specified in §261.21
(a)(1) or equivalent EPA approved methods (or application of generator's knowledge, as
allowed by §262.11 (c)(2)).
- Aqueous solutions (defined as wastes with a liquid phase containing more than 50
percent water) containing concentration of alcohol less than 24 percent by volume, are
excluded from the characteristic of ignitability. These substances (e.g., wine and latex
paint) may flash at less than 140 degrees Fahrenheit but do not sustain combustion.
-- Examples of wastes that tend to exhibit the characteristic of ignitability are solvents,
fuels, sodium nitrate, methane gas, and stillbottoms from plastic manufacturing.
• Corrosivity
-- Only waters that are liquid or contain liquid may exhibit the characteristic of
corrosivity; solids cannot meet the RCRA characteristic of corrosivity. EPA Method
9095, the Paint Filter Liquid Test (or an equivalent method), may be used to
demonstrate the presence or absence of free liquids in a waste.
-- Common corrosives are caustic soda and nitric acids.
• Reactivity
- EPA relies heavily on a descriptive definition of reactivity, because available measures
and tests suffer from a number of deficiencies.
- Cyanide- or sulfide-bearing wastes, however, exhibit the characteristic of reactivity
(§261.23(a) (5)) if they generate the following quantities of toxic gases when exposed to
pH conditions between 2 and 12.5: 250 mg. Hydrogen Cyanide gas per kg. of solid waste
(measured using Method 9010); 500 mg. of Hydrogen Sulfide per kg. of solid waste
(measured using Method 9030).
• Toxicity
- The toxicity characteristic replaced the EP toxicity test for LQGs and TSDFs on
September 25. 1990, and became effective for SQGs on March 29, 1991. Since the TC
brought 25 new organic compounds under the purview of the RCRA regulations, many
facilities are managing newly regulated waste streams. The TC regulatory impact
analysis estimated that 740 million metric tons per year of waste may require new
management practices because they exhibit the TC. (However, 99% of this waste is
wastewater, which is expected to be managed in tanks exempt from permitting). The
inspector should become familiar with the toxicity characteristic constituents to ensure
that all hazardous waste streams are identified.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Characteristics of Hazardous Waste (continued)
§261.24 Toxicity Characteristic (D004-D043)
(a) A solid waste exhibits the characteristic of toxicity if the extract of a representative
sample of the waste contains any of the contaminants listed in Table 1 in 261.24, at or
above the specified regulatory levels. The extract should be obtained through use of
the Toxicity Characteristic Leaching Procedure or an equivalent approved method. If
the waste contains less than .5 percent filterable solids, the waste itself, after filtering,
is considered to be the extract.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Sections 261.20 through 261.24 (Subpart C)
(continued)
-- Method 1311, the Toxicity Characteristic Leaching Procedure (TCLP), is used to obtain
the extract from wastes containing .5% or more of filterable solids. TTie TCLP is also
required when measuring compliance with the LDR treatment standards in Part 268.
For purposes of waste identification, the constituent concentration in the waste extract
must be compared with the levels in Table 1 of §261.24, and should not be confused with
the LDR concentration levels and regulatory requirements.
-- Rather than having the TCLP performed, generators commonly perform a total analysis
of the waste, and then apply the 20 fold dilution factor inherent in the TCLP method. If
this analysis of the waste and rule of thumb calculation demonstrates that individual
analytes are not present in the waste, or that they are present in such low levels that
the regulatory levels could not be exceeded, the TCLP need not be run. Generators
should be advised to perform the TCLP if total analysis results are close to the
regulatory limit for a constituent. Since this calculation assumes a 100% extraction
efficiency of the TCLP, it represents a conservative assumption that the waste is not TC
hazardous, Note that this calculation is only used for materials that are in a solid form
since liquids themselves (i.e., wastes containing less than 0.5% diy solid material) are
defined as the TCLP extract; hence, the 20-fold dilution factor calculation is not
relevant.
-- If o-, m- and p-Creosol (D023-25 respectively) concentrations cannot be differentiated,
the total creosol (D026) concentration is used.
Ill 27
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or
regulatory requirements are In any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Listings
§261.31 Hazardous Wastes from Non-Specific Sources ("F-list") - See 40 CFR
§261.32 Hazardous Wastes from Specific Sources CK-list"). See 40 CFR
§261.33 Discarded Commercial Chemical Products, Off-Specification Species, Container
Residues, and Spill Residues thereof.
The following ("P and U-Iisted") materials are hazardous wastes when discarded, applied to
theiand, or produced, distributed, or burned for use as a fuel, if that was not their intended use:
(a) Any commercial product or manufacturing chemical intermediate having the generic
name listed in this section;
(b) Any off-specification commercial chemical product or manufacturing chemical
intermediate which, if on-specification, would have the name listed in this section;
(c) Residues remaining in a container or inner liner from a container that held a listed
commercial chemical product, unless the container is empty pursuant to §261.7(b); and
(d) Residue or contaminated media or debris resulting from the cleanup of a spill of any of
the substances delineated in (a), (b), or (c) above.
(e) The "P-list" of commercial chemical products consists of acute hazardous wastes, and
are subject to the quantity limitations for acute hazardous wastes.
(f) The "U-list" of commercial chemical products are toxic wastes unless otherwise
designated.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^)' contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Sections 261.31 through 261.33 (Subpart D)
A subset of the wastes listed in Subpart D are the acutely hazardous wastes, which are
listed in accordance with the criteria set forth in §261.11 (a)(2). The acutely hazardous wastes are
FO20-23, F026, and F027 (these are dioxin-bearing wastes, and are designated by an "H" in the
hazard code column), and all the P-listed wastes. Inspectors should be aware that a generator that
produces more than 1 kg. of acutely hazardous waste per calendar month is subject to LOG status.
The FO01-FO05 listings apply to spent solvents used for their solvent properties (to
solubilize or mobilize constituents). Listed solvents which are used as reactants or ingredients in
commercial chemical products should not be designated as spent solvents. The FOOl, F002, F004
and F005 listings include solvent blends or mixtures containing 10 percent or more listed solvents
by volume prior to use. The F003 listing does not have a 10 percent threshold. Waste mixtures
containing F003 constituents in any amount, combined with 10 percent or more of FOO1, F002,
F004 or F005 constituents prior to use, receive the F003 listing. Solvent mixtures with solvents
from more than one waste code are classified with as many codes as appropriate (e.g., F001/F005).
The P- and U-listings apply to unused commercial chemical products (CCP), including
technical grades and all formulations in which the chemical is the sole active ingredient (see the
comment following 40 CFR 261.33 (d)). "Sole active ingredient" is defined as the compound or
mixture that performs the function of the product It is possible for a P- or U-listed hazardous
constituent to be a functionally inert component of a CCP, such as a solvent carrier. In these cases,
its presence does not prevent the formulation containing another P- or U-listed constituent from
carrying that listing. Dilution with water is not considered use of a CCP, and would not cause a
CCP to lose its listing, should the unused CCP/water mixture be discarded.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-2 generator regulatory requirements
Hazardous Waste Determination
§262.11 Hazardous Waste Determination
The generator must determine whether a solid waste, as defined in §261.2, is hazardous by
determining if the waste:
(a) Is excluded under §261.4:
(b) Is listed as hazardous in Part 261 Subpart D;
(c) Meets a characteristics) in Part 261, Subpart C, either by testing or applying
knowledge, and for purposes of Part 268. determine if the listed waste exhibits a
characteristics)
(d) If the waste is determined to be hazardous, the generator must refer to Parts 264,
265, and 268 for possible exclusions or restrictions pertaining to the waste.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Section 262.11
Identifying Hazardous Wastes
Solid Waste?
Excluded?
NO
NO
NO
YES
Listed? Characteristic?
Hazardous Waste?
YES
YES
YES
YES
NO
YES
YES
YES
YES
YES
YES
YES
NO
NO
Note: The above chart does not include the requirement, for purposes of Part 268, to identify
characteristics in listed wastes.
For purposes of determining applicable treatment standards for a restricted LDR waste, a
generator must determine if a listed waste exhibits any characteristics (§262.11(c)). Then, the
generator must determine if the listed waste treatment standard specifically addresses the
characteristics. However, for purposes of Part 262 recordkeeping requirements (e.g.-, biennial
reports and 8700-12), the generator need not determine if a listed waste exhibits a characteristic
For example, F005 is listed for both toxicity and ignitability. For a hazardous waste determination
for purposes of Part 262, the waste would be F005 (not F005/D001). For purposes of treatment
standards in Part 268, the waste would be considered both F005/D001, because the F005 treatment
standard does not specifically address the characteristic of ignitability.
Also, see discussion under §268.7 (identifying characteristics of listed wastes).
The determination of a waste code for a specific waste stream is critical. An
inspector needs to carefully consider the origins of the waste, and the applicability of
the proper waste code. The following example illustrates this point. It is possible for
benzene to meet the criteria of:
• A commercial chemical product (U019)
• A spent solvent (F00S)
• A constituent in sjpecific source wastes (K-listed codes)
• A characteristic waste (D018).
111-31
FOR USE BY EPA INSPECTION.PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
General Requirements and Manifest Review
§262.12 EPA Identification Numbers
(a) A generator without an EPA identification number must not treat, store, dispose of,
or offer for transportation hazardous waste.
(c) A generator must not offer his hazardous waste to transporters or to treatment,
storage, or disposal facilities that have not received an EPA identification number.
§262.20 General Requirements
(a) A manifest must be prepared before a generator transports, or offers for
transportation, hazardous waste for off-site treatment, storage, or disposal.
(b) A generator must designate on the manifest one facility that is permitted to handle
the waste described on the manifest.
(c) A generator may designate one alternate facility in the event that an emergency
prevents delivery to the primary designated facility.
(e) An exception to manifest requirements applies to generators of greater than 100 kg
but less than 1000 kg in a month where:
(1) The waste is reclaimed under contractual agreement under which:
(i) The type of waste and frequency Of shipments are specified;
(ii) The vehicle used to transport the waste and deliver the regenerated material
back to the generator is owned by the reclaimer: and
(2) The generator maintains a copy of the agreement for at least three years after the
termination of the agreement. .
§262.21 Acquisition of Manifests
(a) If the consignment State supplies manifest forms and requires its use, the generator
must use that manifest.
(b) If the consignment State does not supply the manifest, but the generator State does,
the generator must use the generator State's manifest.
(c) If neither generator State nor consignment State supplies the manifest, then the
generator may use a manifest from any source.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Sections 262.12 through 262.23 and Section 262.40
Key Considerations:
• Has each original in the generator's file of manifests been signed and dated by the generator
and the first transporter? Is the EPA identification number clearly marked for the
generator, the transporter and the designated facility?
• Have all appropriate spaces been filled out correctly, and all changes and cross-outs on the
manifest been properly initialed?
• Have the generator's manifest files been carefully reviewed to ensure that all shipments
have been accepted at a designated facility? After 35 days from when the waste was
accepted by the initial transporter (see Section 262.42), the designated facility should return
the copy of the manifest with the signature of the designated facility's owner/operator. The
generator must keep this copy on file for three years and may discard the original. The
return receipts for waste shipments must be kept on file for three years.
• The inspector should be aware that all State manifests do not look alike and that
some State waste codes are different from EPA waste codes. Also, federal
regulations do not require that the federal waste codes be used, though State
regulations might.
• If waste is transported periodically, e.g., during the first week of each month,
check to see if originals or return receipts are on file for each anticipated
shipment date.
• Obtain explanations for unusual gaps in the frequency of off-site shipment. Are
subsequent shipments larger? Has the 90-day storage limit (see §262.34) been
exceeded for facilities without storage permits?
Although the generator must determine if a waste is hazardous, the inspector should use his
knowledge of the processes conducted at a facility in order to verify that the determination of
hazardous wastes is appropriate and that any hazardous waste shipped offsite is manifested. The
inspector may need to sample the waste or to review all the appropriate information back in the
office in order to properly evaluate the generator's determination. In addition, inspectors should list
the facilities that appear on the manifests. Subsequent office review will reveal whether such
facilities offer LDR treatment technologies capable of meeting the applicable treatment standards.
The generator, however, is not required to analyze the waste in order to make a hazardous waste
determination.
Generators also have LDR recordkeeping requirements for
manifests. (See discussion under 40 CFR 268.7.)
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
General Requirements and Manifest Review (continued)
§262.22 Number of Copies
The manifest consists of sufficient copies to provide the generator, each transporter, and the
designated facility with one copy plus one additional copy to be returned to the generator.
§262.23 Use of the Manifest
(a) The generator must:
Sign the manifest; and
Obtain signature and date of acceptance from initial transporter; and
Retain one copy for three years or until the designated facility returns the signed
copy, which must be retained for three years.
The generator must give the transporter the remaining copies of the manifest.
For bulk shipments within the U.S. solely by water, the generator must send three
signed and dated copies of the manifest to the designated facility or to the last water
transporter to handle the waste if exported by water. Copies of the manifest are not
required for each transporter.
For rail shipments within the U.S. which originate at the site of generation, the
generator must send three signed aind dated copies to:
(i) the next non-rail transporter; or
(ii) the designated facility if transported solely by rail; or
(iii) the last rail transporter to handle waste in the U.S. if exported.
(e) For shipments to a designated facility in an authorized State which has not obtained
authorization to regulate that particular waste, the generator must assure that the
signed manifest is returned to the generator, and any out-of-State transporter signs
and forwards the manifest to the designated facility.
§262.40 Recordkeeping
A generator must keep a signed manifest until the signed copy is returned from the
designated facility. All return-receipt copies. Biennial Reports, Exception Reports, and records with
test results and waste analyses must be kept for three years. This time period is automatically
extended during the course of any unresolved enforcement action.
(1)
(2)
(3)
(b)
(c)
(d)
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely'for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Sections 262.12 through 262.23 and Section 262.40
(continued)
[Paper trail graphic not available electronically.]
111-35
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Correlation with Applicable DOT Regulations
§262.30 Packaging
Hazardous waste packaging must meet DOT standards specified in 49 CFR 173 (General
requirements for shipments and packaging). 178 (Shipping container specifications), and 179
(Specifications for tank cars).
§262.31 Labeling; §262.32 Marking
^ Before any off-site transportation, containers of hazardous waste must be marked and
labeled according to 40 CFR 172 (see Hazardous Waste Tables). The following words must be
printed on each container of less than 110 gallons, in durable lettering or on a label or tag:
HAZARDOUS WASTE - Federal Law Prohibits Improper Disposal. If found, contact the
nearest police or public safety authority or the U.S. Environmental Protection Agency.
Generator's Name and Address ; .
Manifest Document Number - '
§262.33 Placarding
Placards must be provided in accordance with DOT regulations for hazardous materials
under 49 CFR 172, Subpart F - Placarding.
111-36
FORUSE BY EPA INSPECTION PERSONNEL ONLY; This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Sections 262.30 through 262.33
Key Considerations:
• Are any containers damaged, corroded or leaking?
• Does each container have an appropriate DOT label, the manifest number and the
generator's name and address?
• Is an appropriate placard placed on each motor vehicle, freight container or rail
car? (Note that there are exceptions to this requirement for certain classes such
as ORM-A, B, C, D, or E material).
• DOT regulations, 49 CFR Parts 178 and 179, concern shipping containers and tank
car specifications for the design of the container or the tank care and are beyond
the scope of most RCRA inspections. The DOT requirements, Parts 172 and 173
for shipping and packaging, organize materials according to their hazard
classification and specifically describe the packaging requirements for each
chemical or classification of chemicals. Since hazardous wastes can be gases as
well as liquids or solids, and can be shipped in bulk as weir as in small quantities
by container, familiarity with the generated waste characteristics and the DOT
hazard classification of the waste prior to the inspection will be helpfid to the
inspector. A review of the specific DOT container requirements should be part of
the inspection file review if there is concern that the generator may not be
meeting DOT requirements.
DOTs Hazardous Waste Tables identify the labeling requirements for hazardous
substances. The label category, ORM-E, applies to most hazardous waste mixtures that do not meet
the definition of a hazardous substance for labeling purposes. DOT requirements change
frequently, and the inspector should try to obtain the current requirements from Regional DOT
experts. State regulations are often more stringent and the inspector should be aware of those
circumstances.
Ideally the inspector should verify that each container transported is labeled and marked
properly. However, the inspector usually will not be present when a shipment is ready.
Compliance with these requirements can be ascertained by questioning the facility representative.
In cases where placards are required, the generator can be requested to produce them. The
presence of printed hazardous waste labels usually means that the generator places them on the
containers prior to shipment offsite.
111-37
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are in any way altered by any statements) contained herein.
No statutory or
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OSWER Dir. No. 9938.02(b)
Accumulation Time; Basic Requirements
§262.34 Accumulation Time
A generator may accumulate hazardous waste onsite without a permit for 90
days or less, provided that:
The waste is placed in containers and the generator complies with Part 265
Subpart I, or the waste is placed in tanks and the generator complies with
Subpart J (except for §265.197(c) and §265.200).
The waste is placed on drip pads and the generator complies with Part 265,
Subpart W and provides documentation of procedures to remove waste at least
once every 90 days.
The date upon which accumulation begins is marked upon each container
Each container and tank is labeled "hazardous waste*
The operator complies with Part 265, Subparts C and D, Preparedness and
Prevention, and Contingency Plan and Emergency Procedures, and with §265.16
(Personnel Training)
A generator who accumulates hazardous waste for more than 90 days is an
operator of a storage facility and must obtain interim status and apply for a
permit unless he has been granted an extension by the Regional Administrator.
A generator may accumulate up to 55 gallons of hazardous waste or one quart of
acutely hazardous waste in containers at a place near the point of generation
and is not required to obtain a permit or interim status if he:
(i) Complies with §265.171 (condition of containers), §265.172 (compatibility),
and §265.173(a) (management of containers)
(ii) Marks the containers with the words "hazardous waste" or similar
description.
(2) If he exceeds either 55 gallons of hazardous waste or one quart of acutely
hazardous waste, the generator has 3 days to comply with paragraph (a) above
with respect to the amount of excess waste.
111-38
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
(a)
(l)(Ui)
< 1)(110
(2)
(3)
(4)
(b)
(c)(1)
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Section 262.34 (a)(b)(c)
Key Considerations:
• Is each container and tank marked as "hazardous waste"?
• Do containers have the starting date for the accumulation period marked on the
container? The date should not be more than 90 days prior to the date of the
inspection unless the generator meets the conditions of §262.34(c) or has an
extension.
• Can the generator show through records and manifests that the tank has been
emptied within 90 days? Tanks are not required to have the starting date marked
on them because they are reused. This should be verified for several previous
waste shipments.
• Have satellite accumulation areas been inspected to insure that each area has not
exceeded a volume of 55 gallons of all hazardous waste or one quart of acutely
hazardous waste? Note; a facility can have multiple satellite accumulation areas.
• Are there any satellite accumulation areas not identified by the generator which
are visible during the walkthrough inspection?
• Are satellite accumulation areas at or near the point of generation and under the
control of a close-by operator?
Additional requirements with which a generator must comply are applicable sections of Part
265, set forth in Table III-4. Please refer to these sections as appropriate.
Both large and small quantity generators can treat in tanks or containers, provided
compliance with all §262.34 requirements has been achieved. For example, an ignitable solvent
cannot be rendered by allowing the material to volatilize into the atmosphere, because §262.34(a)
references a Part 265 Subpart I requirement that containers must be closed, except when necessary
to add or remove waste. Additionally, for purposes of compliance with LDR requirements,
generators who treat to meet LDR standards must develop a waste analysis plan.
Also see discussion under §268.7 (waste analysis plan).
_]
111-39
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Accumulation Time; Small Quantity Generators
§262.34 Accumulation Time (continued)
(d) A SQG who accumulates greater than 100 kg but less than 1000 kg of waste in a
calendar month may accumulate waste onsite for 180 days; without a permit or
interim status provided that:
(1) Waste quantity never exceeds 6000 kilograms onsite
(2)(3) The generator complies with Subpart I of Part 265 (except§265.176) or §265.201 in
Subpart J of Part 265
(4) The generator complies with paragraphs (a)(2) and (a)(3) and the requirements of
Subpart C of Part 265 and 268.7(a)(4); and
(5) The generator complies with the following:
(i) There is at least one employee on the premises or on call as emergency
coordinator;
(ii) The following information is posted next to the telephone:
(A) Name and telephone number of emergency coordinator;
(B) Location of fire extinguishers, spill control material, and fire alarm;
and
(C) Telephone number of fire department unless facility has direct
alarm.
(iii) Generator must ensure that all appropriate employees are familiar with
waste handling and emergency procedures; and
(iv) Emergency coordinator must respond appropriately in the event of a fire,
spill or release to the environment. Any releases which could threaten
human health off-site or to surface water must be reported to the National
Response Center.
(e) A SQG may accumulate waste onsite for 270 days without a permit or interim status
if the waste must be transported over 200 miles for off-site storage, disposal, or
treatment.
(f) A SQG who accumulates waste onsite over the allowable number of days or over
6000 kg must obtain interim status and apply for a permit or apply for an extension
from the Regional Administrator.
111-40
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are in any way altered by any statement^) contained herein.
No statutoiy or
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Section 262.34 (d)(e)(f)
Key Considerations:
• Have you confirmed that generators who claim to be SQGs are not generating
more than the limit for SQGs? (Note: 100-1000 kg/mo is between 220 and 2200
pounds or about 25 to under 300 gallons.) This may be done by looking at the
manifests for quantities and doing a mass balance to convert to probable weight
(see below).
• Has the generator exceeded the 180-day time period without having to ship the
waste over 200 miles? The manifests should provide the location of the
designated facility. If the generator has to ship the waste over 200 miles, then the
waste may be stored for 2701 days.
The inspector should calculate the maximum quantity of hazardous waste in containers
based upon storage volumes of tanks. Based upon the waste characteristics, the density of the
waste (water weighs 8.34 lbs. or 3.79 kg/gal.) and the volume available for waste storage, calculate
the total quantity of waste observed. Tjhis quantity must not exceed 6000 kg unless the facility has
interim status, a permit, or an emergency extension. In the case of tanks, where the maximum
volume will exceed the 6000 kg limit but the actual waste quantity is less, note this circumstance.
Even though it is not a current violation, it is a good idea to mention the potential to the generator.
When inspecting generators that produce small quantity wastes, verify that the SQG meets
the requirements for posting the appropriate phone numbers and providing employee training.
During the visual inspection, check for evidence of spills or other releases or the potential for
releases.
SQGs can also establish satellite accumulation areas under §262.34(c).
Steps SQGs may take to prepare for facility emergencies:
• Installing and maintaining in-plant emergency
equipment, such as an alarm, a telephone or a two-way >
portable radio, fire extinguishers (using water, foam,
inert gas, or dry Chemicals, as appropriate to waste type),
hoses, automatic sprinklers, or spray equipment, so that
it is immediately available to employees if there is an
emergency.
• Providing enough room for emergency equipment and
response teams to get into any area in the facility in the
event of an emergency.
• Writing to local fire, police, and hospital officials or State
or local emergency response teams explaining the types
of wastes handled and requesting cooperation and
assistance in handling emergency situations.
111-41
FOR USE BY EPA INSPECTION PERSONNEL ONLY.This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Recordkeeping and Reporting
§262.41 Biennial Report
A generator, except SQG, who ships any hazardous waste off-site to a TSDF in the U.S.
must submit a Biennial Report to the Regional Administrator by March 1 of even-numbered years.
Biennial Reports (EPA Form 8700-13A) must cover generator activities during the previous year
and must Include:
(1) EPA ID number, name, and address of the generator
(2) The calendar year covered by the report
(3) The EPA ID number, name, and address for each off-site facility to which waste was
shipped
(4) The EPA ID number and name for each transporter used
(5) A description, EPA hazardous waste number, DOT hazard class, and quantity of
each hazardous waste shipped offsite to a facility in the United States—information
must be listed by EPA ID number of each facility to which waste was shipped
(6) A description of the efforts undertaken during the year to reduce volume and
toxicity of waste generated
(7) A description of the changes in volume and toxicity of waste actually achieved
during the year compared to previous years
(8) The certification signed by the generator or authorized representative
(b) A generator who manages waste onsite must submit a Biennial Report covering
those wastes in accordance with Parts 270, 264, 256, and 266. Reporting for exports
is not required by §262.41 as part of the Biennial Report. Primary exporters are
required to file a separate report pursuant to §262.56.
IH-42
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Section 262.41
Key Considerations:
• Is the generator's Biennial Report available? Although the generator is not
required to have it onsite, if it is available, review the contents for completeness.
If the reports are not available onsite, the inspector can review them in the State
or Regional office.
• Review waste minimization practices and compare recycling practices with the
nature of the waste to verify that these practices are consistent for the wastes
generated.
Approaches to Waste Reduction
, coi^iAiatingnnnhazardous waste through management practices
that prevent thewastes foam coming into contact This is the cheapest
and easiest method ofreducing thevolume afhazardous waste to be
disposed cŁ and is widefy used by industry. In addition toreducing
disposal costs, source separation reduces handling and transportation
costs. 1 •
Recycling (also referred tnasrecoveiy and reuse) is dsowidefyused
by industry. Recyding is the process ofremovingasiAstancefroma
wasteandretumingittoproductiveuse. Generators commanty
recycle solvents, adds, and metals.
SiAstitutkmcfraw materials may qg«-the greatest opportunity for
waste reduction. By replacingaiaw material that generatesalaige
amount afhazardous waste with one that generates little or no
hazardous waste, manufacturers can substantially reduce the waste
volume.
Manufacturing process changes consist of either eHminatingaprocess
that producesahazardous waste or altering the process so that it no
longer produces the waste.
Substitution of products also may eliminate usenfbaganlntttniafariaL
For example, by substituting concrete pasts fir creosote-preserved
wood pasts in construction operations, builders can remove arty
possibility that the hazardous creosote will leach foam the posts and
mnt amlnateunderiying ground water or smmumliiigsofl.
111-43
FOR USE BY EPA INSPECTION PERSONNEL ONL Y. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Exception and Additional Reporting
§262.42 Exception Reporting
(a)(1) An LQQ generator who does not receive the return copy of the manifest with the
handwritten signature of the owner/operator of the designated facility within 35
days of the date the waste was initially accepted by the first transporter, must
determine the status of the waste.
(a) (2) An LQG generator must submit an Exception Report to the Regional Administrator
if he has not received the signed retum-copy of the manifest within 45 days. An
Exception Report must include:
(1) A legible copy of the original manifest; and
(2) A letter signed by the generator or authorized representative explaining the efforts
taken to locate the hazardous waste and the results of those efforts.
(b) A SQG who does not receive the return copy of the manifest with the handwritten
signature of the owner/operator of the designated facility within 60 days of the date
the waste was accepted by the initial transporter, must submit a copy of the
manifest, with indication that the generator has not received confirmation of
delivery, to the Regional Administrator.
§262.43 Additional Reporting
The Administrator may require generators to furnish additional reports concerning the
quantities and disposition of hazardous wastes.
§262.44 Generators of 100-1000 kg/Month
Such generators are exempted from recordkeeping and reporting requirements of Subpart
D, except for §§ 262.40(a), (c), and (d) (recordkeeping), 262.42(b) (exception reporting), and 262.43
(additional reporting).
111-44
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance.
regulatory "requirements are in any way altered by any statements) contained herein.
No statutory or
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Sections 262.42 through 262.44
Key Considerations:
• Are any additional reports required by the Regional Administrator? Verily these
reports if applicable.
• Many States require that a signed manifest be returned to the generator prior to
35 days after shipment.
During the review of the generator's manifest file, if the inspector finds records of waste
shipments (original manifests) that do not have a Signed return copy of the manifest on file within
35 days of the date of the off-site shipment, he should find documentation that the generator has
made efforts to locate the waste and has filed the Exception Report within 45 days of shipment.
Even SQGs must file a shortened version of an Exception Report with the Regional Administrator
within 60 days of the date the waste was accepted by the Initial transporter. This report need only
be a handwritten or typed note attached to a copy of the manifest stating that the return copy was
not received by the SQG.
111-45
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Exporter of Hazardous Waste: Requirements
§262.52 General Requirements
In order to export hazardous waste, an exporter must comply with applicable requirements
of Subpart E and Part 263. Exports of hazardous waste are prohibited unless:
(a) §262.53 notification to EPA has been provided:
(b) The receiving country has consented to receive hazardous waste;
(c) A copy of the EPA Acknowledgment of Consent accompanies the manifest; and
(d) The shipment conforms to the conditions of the receiving country's written
consent.
§262.53 Notification of Intent to Export
A primary exporter of hazardous waste must notify EPA of the intent to export this waste at
least 60 days before the initial shipment. The notification may cover a period of 12 months or less.
The notification must include:
(l)
Name, mailing address, telephone number, and EPA ID of exporter;
(2)
(0
A description of the hazardous waste and EPA ID number, DOT
shipping name, hazard class, and UN/NA number;
(2)
(ii)
Estimated frequency of export and time period;
(2)
Oil)
Estimated quantity;
(2)
(iv)
All points of entry and departure from each country through which
the waste must pass;
(2)
(v)
Description of the mode of transportation and type of container;
(2)
(vi)
Description of the manner of waste management in the receiving
country;
(2)
(vii)
Name and site address of consignee; and
(2)
(viil)
Name of transit country and length of time remaining there.
(b) Notification shall be sent to the Office of Waste Programs Enforcement.
111-46
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Sections 262.52 through 262.53
With respect to these Sections, the central objective of an inspection is to identify all
potentially hazardous waste material that is being exported. The inspector should ask if any
recycled material is being exported and whether any evaluation has been made to determine if the
material is hazardous under Part 261.
The inspector should verify that the exporter has filed the Notification of Intent to Export
within the required 60-day period before the initial shipment commences and that the notification is
complete. A notification is necessary for any exported wastes that are hazardous. The inspector
should also verify that the EPA Acknowledgment of Consent accompanies the manifest
Remember:
• Bilateral international agreements have been signed with Canada and Mexico
that impose additional requirements that are analogous to a permit or license
system.
• The hazardous waste export program is a U.S. EPA program that will not be
delegated to the States.
• All exporters of materials (including hazardous waste) with a value exceeding
$1,500 are required to prepare a Shipper's Export Declaration (SED) indicating
the number and type of containers, the type of material (as indicated by classifi-
cation codes established by the Census Bureau), the units and weight of the
shipments, and the value. Most exports of hazardous; waste for disposal will not
require an SED. Conversely, exports of listed hazardous waste to be recycled will
frequently exceed $1,500 in value and will require an SED. The SED may be an
important ancillary source for information on cases involving suspected sham
recycling.
• Failure to file an SED or falsifying information on an SED are enforceable
violations under Census Bureau regulations. The inspector should verify that the
primary exporter has filed an SED for recycled materials. If no SED has been
filed, further investigation into recycling activities should be conducted.
• Below is a sample Acknowledgement of Consent that EPA will issue to an
exporter and that must accompany an export shipment:
May 1$ 1992
This documentwOl serve as the EPAAdanwfedgonaitflfConsent for SCHUMJOLL METALS
CORPORATION, BATONROUGE. LOUISIANA toexpat 250 TONS OFNICKELCADMIUM
BATTERIES (EPAHAZARDOUSWASTE NUMBER D0006)to&NAM,CEDEX, FRANCE. This
consentisVAlIDfi)r1heperk)dafAPRIL28l 1992 TO APRIL 27,1993. Please be advised
thatacofiy offthis Consent must acconqiariy each shipment afhazardouswaste and'lhatacqpy of
the manifest must be left with the US. Customs Service, when the material leaves the jurisdiction
of the United States.
Ill 47
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Exporter of Hazardous Waste: Requirements (continued)
§262.54 Special Manifest Requirements
(a,b) The primary exporter must enter the name and site address of the consignee and
alternate consignee in place of information on the, designated facility and alternate
facility.
(c) Primary exporter must identify the point of departure from the U.S.
(d) The following must be added to Item 16 of the Manifest: "and conforms to the terms
of the attached EPA Acknowledgment of Consent."
(e) The primary exporter must obtain the manifest form from the primary exporter's
State if the State supplies the manifest form and requires its use; if the primary
exporter's State does not require its use, the manifest may then be obtained from
any source.
(f) The primary exporter must require the consignee to confirm in writing the delivery
of the hazardous waste to that facility and to describe any significant discrepancies
between the manifest and the shipment.
(g) If a shipment cannot be delivered to the designated or alternate consignee, the
primary exporter must:
(1) Renotify EPA to allow shipment to a new consignee and obtain an EPA
Acknowledgment of Consent prior to delivery: or
(2,3) instruct the transporter to return the waste to the primary exporter or
designate another facility within the United States; and revise the manifest
In accordance with the primary exporter's instructions.
(h) The primary exporter must attach a copy of the EPA Acknowledgment of Consent to
the manifest that must accompany the hazardous waste shipment (similar rules
apply for exports by rail or water).
(i) The primary exporter must provide the transporter with an additional copy of the
manifest for delivery to the U.S. Customs official at the point the hazardous waste
leaves the United States.
§262.55 Exception Reports
A primary exporter must file an Exception Report with the Administrator if:
(a) He has not received a copy of the manifest signed by the transporter stating the date
and place of departure from the U.S. within 45 days of the date the waste was
accepted by the initial transporter;
(b) "fhe primary exporter has not received written confirmation from the consignee that
the hazardous waste was received within 90 days of the date the waste was accepted
by the initial transporter; or
(c) The waste was returned to the U.S.
* 111-48
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Sections 262.54 through 262.55
Key Considerations:
• Has the exporter's file been reviewed? The correct information should be
included on all required reports and manifests. Some points that may be
overlooked but are required are (1) the point of departure from the U.S. and (2)
the additional certification statement included on Item 16 of the manifest.
• Has the transporter returned a signed copy of the manifest with the date and
place of departure within 45 days. If not, has the exporter filed an Exception
Report for each export of waste for which a manifest copy was not received?
• Has the primary exporter provided an extra copy of the manifest to the
transporter for deliveiy to the U.S. Customs official at the point of departure from
the U.S.?
• Does the generator produce spent solvents, wastes containing heavy metals, or
materials contaminated with solvents or metals? Since these materials represent
a large percentage of exported wastes, the inspector should pay careful attention
to how they are being disposed.
• Are wastes generated onsite and recycled offsite? If so, verify the location of the
ultimate recycling facility.
• Is the generator in Regions 1,11,111, or V? If so, exports should be carefully
checked, as more than 90% of waste exports originate in these Regions.
Before export, the exporter must have EPA Acknowledgement of Consent, and a copy must
accompany each shipment with the manifest. If the exporter is using a broker, the inspector should
question the nature of the arrangements made in order to verify that the export requirements will
be met.
Within 90 days from the date when the waste was accepted by the initial transporter, the
consignee must confirm in writing the delivery of the waste. The signed copy of the manifest may
be used as the confirmation, but other documents are acceptable. Compliance with the 90-day time
period should be verified by observing the date on the manifests. If 90 days have expired from the
date of shipment, the exporter should have written confirmation from the consignee. If the
shipment is not delivered as intended, the exporter must start exception reporting procedures by
renotifying EPA and obtaining a revised EPA Acknowledgment of Consent. The inspector should
verify that the exporter has obtained the revised Acknowledgment of Consent, which must be kept
on file for three years.
The ultimate TSDF in a receiving country is defined as the consignee and is not required to
have a U.S. EPA ID number. However, the primary exporter must enter the name and site address
of the consignee on the manifest.
111-49
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely, for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Exporter of Hazardous Waste: Annual Reports ,
§262.56 Annual Reports
(~) By March 1 of each year, primary exporters of hazardous waste must file with the
Administrator a report summarizing hazardous waste export activity during the
previous calendar year. Such reports shall include the following:
(1) The EPA ID number and the name, mailing address, and site address of the
exporter;
(2) The calendar year covered by the report;
/ •
(3) The name and site address of each consignee;
(4) By consignee, for each hazardous waste exported, a description of the hazardous
waste, the EPA hazardous waste number, the DOT hazard class, the name and EPA
ID number for each transporter used, the total amount of waste shipped, and the
number of shipments, pursuant to eadi notification;
(5) Except for experts of 100 kg but less than 1000 kg of wastes per month, the following
must be included (in even numbered years):
(i) A description of the efforts undertaken during the year to reduce the volume
and toxicity of the waste generated; and
(ii) A description of the changes in volume and toxicity of waste achieved during
the reporting year compared with previous years.
(~) A certification signed by the primary exporter.
§262.57 Recordkeeping
The exporter must keep a copy of each notification of intent to export, EPA Acknowledgment
of Consent, confirmation of delivery, and annual report for at least three years.
111-50
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Sections 262.56 through 262.57
Key Considerations:
• Has the exporter filed an Annual Report? Does that report include the required
items as listed in 262.56(a) 1-6 provided above?
Remember: exporters other than small quantity exporters must file reports
describing waste minimization effects in even-numbered years only.
111-51
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are in any way altered by any statement^) contained herein.
No statutory or
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OSWER Dir. No. 9938.02(b)
Manifest Review
§262.60 Imports of Hazardous Waste
(a,b,c) Importers of hazardous waste must meet the manifest requirements of 262.20
except that the foreign generator's name and address and the importer's name,
address, and EPA ID number must be included ifi place of the generator's
information and the importer or his agent must sign and date the certification and
must obtain the initial transporter's signature on the manifest.
§262.70 Farmers
A farmer disposing of waste pesticides from his own use is not required to comply with the
hazardous waste management standards provided he triple rinses each emptied pesticide container
and disposes of the residues on his own farm in a manner consistent with the instructions on the
label.
111-52
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Sections 262.60 through 262.70
Kev Considerations:
• Are the required information and signatures provided on the manifests?
Ill 53
FOR USE BY EPA INSPECTION PERSONNEL ONLY. ¦ This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-3 TRANSPORTER REGULATORY REQUIREMENTS
Transporters: General Requirements
§263.11 EPA Identification Number
(a) A transporter must not transport hazardous wastes without an EPA ID.
§263.12 Transfer Facility Requirements
(a) A transporter who stores manifested shipments of hazardous waste at a transfer
facility in containers meeting requirements of.§262.30, for a period of 10 days or less,
is not subject to regulation under Parts 270, 264, 265, and 268.
111-54
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein:
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Sections 263.11 and 263.12
Key Considerations:
• Has the transporter obtained an EPA identification number? Is the transporter
using the correct number? Verify by checking manifests or copies of manifests in
the transporter's possession.
• How long has any waste shipment been stored at a transfer facility by the
transporter?
If waste is stored for more than 10 days, the transporter must comply with the requirements
for storage, treatment, and disposal facilities. The Inspector can check the dates on the manifest in
order to determine the date when the waste was accepted by the transporter. After accounting for a
reasonable travel time to reach the transfer station, the inspector can determine if the waste has
been held at the transfer station for more than 10 days.
Transporters who bring hazardous waste into the United States must comply with
the RCRA generator standards.
111-55
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Transporters: Manifest System
§263.20 The Manifest System
(a) A transporter may not accept hazardous waste from a generator unless the waste is
accompanied by a manifest signed by the generator.
(b) Before transporting the hazardous waste, the transporter must sign and date the
manifest, acknowledging acceptance of the hazardous waste from the generator.
The transporter must return a signed copy to the generator before leaving the
generator's property.
(c) The transporter must ensure that the manifest accompanies the hazardous waste.
(d) A transporter who delivers hazardous waste to another transporter or to the
designated facility must;
(1) Obtain the date of delivery and the signature of that transporter, or of the
owner/operator of the designated facility, on the manifest;
(2) Retain one copy of the manifest; and
(3) Give the remaining copies of the manifest to the accepting transporter or
designated facility.
§263.21 Compliance with the Manifest System
(a) The transporter must deliver the entire quantity of hazardous waste which has been
accepted from the generator to:
(1) The designated facility listed on the manifest; or
(2) The alternate designated facility }f waste cannot be delivered to the
designated facility; or
(3) The next designated transporter; or
(4) The place outside the U.S. designated by the generator.
(b) If hazardous waste cannot be delivered in accordance with section (a), the
transporter must contact the generator for further directions and revise the
manifest accordingly.
§263.22(a) Recordkeeping
(a) A transporter of hazardous waste must keep a signed copy of the manifest for a
period of three years from the date the hazardous waste was accepted by the initial
transporter.
111-56
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Section 263.20 and 263.22(a)
Key Considerations:
• Does an appropriately signed manifest accompany each shipment of waste? (see exceptions
for bulk shipments)
When transporting drums by truck, transporters will often combine shipments from several
generators located along an established route, and each shipment must have its own manifest
However, most inspectors will have limited access to shipments in route and must usually focus on
a review of manifest files in order to verily that each shipment has a correctly filed and signed
manifest.
ni-57
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Transporters: Bulk Shipments by Water
§263.20(e) Bulk Shipment by Water
In order to be exempt from the requirements of §263.20(c), (d), and (f), the transport
of hazardous waste delivered by water (bulk shipment) to the designated facility
must comply with the following procedures:
A shipping paper containing all the information required on the manifest (excluding
the EPA ID numbers, generator certification, and signatures) must accompany the
hazardous waste;
The delivering transporter must obtain the date of delivery and signature of the
owner/operator of the designated facility on either the manifest or the shipping
paper;
The person delivering the hazardous waste to the initial water (bulk shipment)
transporter must obtain the date of delivery and signature of the water (bulk
shipment) transporter on the manifest and forward it to the designated facility; and
A copy of the shipping paper or manifest must be retained by each water (bulk
shipment) transporter.
§263.22(b) Recordkeeping
(b) For shipments delivered to the designated facility by water (bulk shipments), each
water (bulk shipment) transporter must retain a copy of a shipping paper containing
all of the information required by §263.20(e)(2) for a period of three years from the
date the waste was accepted by the initial transporter.
111-58
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
(e)(1)
(2)
(3)
(4)
(5)
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Sections 263.20(e) and 263.22(b)
Key Considerations:
• Are shipping papers used in lieu of manifests? Remember: bulk transporters by water can
use shipping papers in lieu of manifests.
• When shipping papers are used, do they contain the name, address, and phone number of
the generator; and the name of the transporters) and the name of the designated facility?
• Has the transporter retained a signed copy of the shipping paper or manifest for each
shipment for three years'
111-59
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Transporters: Bulk Shipment by Rail
§263.20(f) Bulk Shipment by Rail
(f)(1) When accepting hazardous waste from a non-rail transporter, the initial rail
transporter must:
(ii) Return a signed and dated copy of the manifest to the non-rail transporter;
(iii) Forward at least three copies of the manifest to:
(A) The next non-rail transporter, if any: or
(B) The designated facility, if the shipment is delivered to that facility by
rail; or
(C) The last rail transporter designated to handle the waste in the
United States; and
(iv) Retain one copy of the manifest and rail shipping paper.
(2) Rail transporters must ensure that a shipping paper containing all of the
information required on the manifest (excluding the EPA ID numbers, generator
certification, and signatures) accompanies the hazardous waste at all times.
(3) When delivering hazardous waste to the designated facility, a rail transporter must:
(i) Obtain the date of delivery and the signature of the owner/operator of the
designated facility on the manifest or the shipping paper (if the manifest has
not been received by the facility); and
(ii) Retain a copy of the manifest or signed shipping paper.
(4) When delivering hazardous waste to a nonrail transporter, a rail transporter must:
(i) Obtain the date of delivery and the signature of the next nonrail transporter
on the manifest; and
(ii) Retain a copy of the manifest.
(5) Before accepting hazardous waste from a rail transporter, a nonrail transporter
must sign and date the manifest and provide a copy to the rail transporter.
§263.22(c) Recordkeeping
(c) For shipments of hazardous waste by rail within the United States:
(1) The initial rail transporter must keep a copy of the manifest and shipping paper
with all of the information for three years from the date of the waste accepted for
transport.
111-60
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Sections 263.20(f) and 263.22(c)
Key Considerations:
• Are shipping papers, rather than manifests, accompanying each shipment? Note: bulk
transporters by rail may forward the manifest and use shipping papers instead to
accompany each shipment.
• When shipping papers are used, do they contain the name, address, and phone number of
the generator, and the name of the transporters) and the name and address of the
designated facility? Note: intermediate rail transporters are not required to sign either the
manifest or shipping papers.
• Has the rail transporter retained a signed copy of the shipping papers or manifest for each
shipment for three years from the date the waste was accepted for transportation by the
initial transporter?
111-61
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Transporters: Bulk Shipment by Rail (continued)
§263.20(g) Export of Hazardous Waste
(g) A transporter who transports hazardous waste out of the United States must:
(1) Indicate on the manifest the date the hazardous waste left the United States;
(2) Sign the manifest and retain one copy;
(3) Return a signed copy of the manifest to the generator, and
(4) Give a copy of the manifest to a U.S. Customs Official.
111-62
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Section 263.20(g)
Kev Considerations:
• Do all manifests on file with a transporter who ships outside the U.S. include the date the
waste left the U.S., as well as al| general information?
• Has the transporter retained a signed copy of a manifest for each shipment for three years?
111-63
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-4 INTERIM STATUS FACILITY REGULATORY REQUIREMENTS
General Facility Standards
§265.1 Purpose, Scope, and Applicability
(c) The requirements of this part do not apply to:
(1) Ocean disposal subject to MPRSA permit
(2) [Reserved]
(3) Owner/operator of a POTW
(4) Storage, treatment or disposal of hazardous waste in a State authorized
under RCRA Part 271 (J^ote: State requirements apply Instead.)
(5) State permitted, licensed, or registered municipal or industrial solid waste
facilities that only manage excluded hazardous waste
(6) Facilities managing recyclable materials, except as subparts C, D, F, or G of
Part 266 require otherwise
(7) A generator accumulating waste on site In compliance with §262.34
(8) A farmer disposing of waste pesticides from his own use in compliance with
§262.70
(9) Totally enclosed treatment facilities, as defined in §260.10
(10) An elementary neutralization unit or wastewater treatment unit, as defined
in §260.10
(11) Treatment or containment during immediate response activities following a
release of hazardous waste or material that becomes a waste when
discharged
(12) Transporters holding waste at transfer facilities for less than 10 days
(13) Adding of absorbent materials to a waste in a container.
§265.11 Identification (ID) Number
Every facility owner/operator must have an EPA identification number.
§265.12 Required Notice
(a) The owner/operator of a facility that has arranged to receive hazardous waste from a
foreign source must notify the Regional Administrator in writing at least four weeks
in advance of the date that the waste is expected to arrive at the facility.
(b) Before transferring ownership or operational control the owner/operator must notify
the new o/o in writing of these requirements.
111-64
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures • Sections 265.1, 265.11, and 265.12
Key Considerations:
• Does the TSDF have an identification number, and is the number being used appropriately
on manifests, required reports, notifications, and other necessary documents?
• Are all exemptions or excluded units appropriately excluded? Review processes at the
facility in order to confirm that any exemptions or exclusions are appropriately made. _
• Are copies of all notices retained in a facility's operating record?
During an inspection, the inspector should ask the owner/operator if they accept
shipments of foreign wastes or other recycled materials, arid whether these wastes have been
evaluated to see if they meet the criteria in Part 261. The inspector should identify all foreign
generated wastes received at the site and verify that the waste corresponds with the notices
that have been filed. Receiving anv foreign hazardous waste without filing appropriate notice
constitutes a violation.
111-65
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is-intertded solely for guidance. No statutoiy or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
General Waste Analysis
§265.13 General Waste Analysis
(a)(1) Before an owner/operator manages any hazardous waste, he must obtain a detailed
chemical arid physical analysis of a representative sample of the waste.
(b) The owner/operator must develop and follow a written waste analysis plan which
describes the procedures which he will carry out to comply with paragraph (a). The
plan must specify:
(1) The parameters for which each hazardous waste or non-hazardous waste
will be analyzed;
(2) The test methods which will be used to test for these parameters;
(3) The sampling method which will be used to obtain a representative sample
of the waste to be analyzed;
(4) The frequency with which the initial analysis of the waste will be repeated;
(5) For off-site facilities, the waste analysis that hazardous waste generators
have agreed to supply;
(6) The methods which will be used to meet the additional waste analysis
requirements for specific waste management units and LDR; and
(7) The schedule for sampling, analyzing, and annual removal of residues (see
§260.22) for surface impoundments exempt from LDR under §268.4
procedures.
(c) For off-site facilities, the waste analysis plan required in paragraph (b) of this
section must also specify the procedures which will be used to inspect and analyze
each movement of hazardous waste received at the facility.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Section 265.13
Remember:
• Review the facility's written waste analysis plan before checking the file of waste analyses.
• Make sure that the methods described in Part 261 and SW 846 are acceptable for sampling
and analysis.
• The waste analysis plan must be adequate for determining whether a waste is subject to the
land disposal restrictions. The initial identification and classification of wastes by the
generator will determine whether the wastes are subject to the LDR program, whether they
are eligible for variances, and the treatment standards which must be complied with.
• Generators storing waste onsite for more than 90 days must have a waste analysis plan.
• Be on the lookout for waste or waste streams that have not been tested, or have been tested
at incorrect points of compliance.
If more than one waste analysis plan exists or existed, determine the applicability of each
plan with respect to the time frame of the inspection and which plan is currently in effect. The
plans for offsite facilities may define different waste analysis criteria for the types of waste it is
currently accepting. It is a good idea to prepare lists of the various wastes handled at the facility
[prior to examination of the records.
Offsite facilities must have procedures to verify that the waste matches the identity of the
waste on the manifest by inspecting each waste movement and performing analysis when the actual
wastes are suspected to be different from the waste identified on the manifest. It is the inspector's
responsibility to determine if the facility's plan is adequate and adhered to. This includes reviewing
the waste analysis procedures to see if they can identify all of the characteristics of the anticipated
waste types. When pre-acceptance determinations are made through actual testing, inspection of
the laboratory facility may be called for.
If a waste analysis plan is adequate, the inspector should verify that the waste analysis is
performed for each waste stored over 90 days in the manner required and specified in the plan.
Records of the analyses must be kept on file as part of the operating record.
At facilities where wastes are generated and disposed of onsite, and where records or
analyses necessary for offsite disposal are not required, the inspector should be especially careful to
check for waste or waste streams that have not been tested. If an owner/operator maintains that a
particular waste has not been tested because it is not hazardous, he must provide justification, such
as Material Safety Date Sheet forms or process information providing waste content, to support this
determination.
A facility can use data supplied by generators to satisfy the analysis requirements in
§265.13(a). Treatment and disposal facilities may generally rely on information provided to them by
generators or treaters of the waste. However, treatment and disposal facilities must conduct
periodic detailed physical and chemical analysis on their waste streams, pursuant to §268.7(b) and
(c), to ensure that appropriate Part 268 treatment standards are being met.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manuai is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s) contained herein.
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OSWER Dir. No. 9938.02(b)
Security
§265.14 Security
(a) The owner/operator must prevent unknowing entry, and minimize the possibility for
the unauthorized entry, of persons or livestock onto the active portion of his facility
unless contact with waste, structures, or equipment will not injure persons or
livestock.
(b) Unless exempt, a facility must have:
(1) A 24 hour surveillance system; or
(2)(i) An artificial or natural barrier which completely surrounds the active
portion of the facility; and
(ii) A means to control entry, at all times, through gates or other entrances to
the active portion of the facility.
(c) Unless exempt, a sign with the legend. "Danger-Unauthorized Personnel Keep
Out," must be posted at each entrance to the active portion of a facility, and at other
locations, in sufficient numbers to be seen from any approach to the active portion,
and be legible from a distance of at least 25 feet
111-68
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Section 265.14
Key Considerations:
• Do nori-exempt facilities have a 24-hr surveillance system equivalent to either guards or
television monitoring the active portion of the site, or do they have a barrier around the
active portion of the site and a means to control entry, such as locked or monitored gates?
• Is all monitoring equipment functional and used properly? Are all locks functioning
properly?
• Are a sufficient number of signs with the warning "Danger - Unauthorized Personnel Keep
Out" posted at each entrance and at other locations in order to be seen from any approach?
Note; security may be around an entire complex of units or around individual units.
The danger signs need to be written in English and in any other language predominant in
the area surrounding the facility. An example would be the required use of Spanish on a sign at a
facility located in a county bordering Mexico.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWERDir. No. 9938.02(b)
General Inspection Requirements
§265.15 General Inspection Requirements
(a) The owner/operator must inspect his facility for malfunctions and deterioration,
operator errors, and discharges which may lead to any release of hazards.
(b)(1) The owner/operator must develop and follow a written schedule for inspecting all
monitoring equipment, safety and emergency equipment, security devices, and
operating and structural equipment.
(2) The schedule must be kept at the facility.
(3) The schedule must identify the types of problems which are to be looked for during
inspections.
(4) The frequency of inspection may vary for the items on the schedule. Areas subject to
spills, such as loading and unloading areas, must be inspected daily when in use.
Note: §§265.174, 265.193, 265.195, 265.226, 265.260, 265.278, 265.304, 265.347,
265.377, 265.403. 265.1033.265.1052, 265.1053. and 265.1058 establish inspection
frequencies which must be complied with when appropriate.'
(c) The owner/operator must remedy any deterioration which an inspection reveals in
accordance with a schedule which ensures that the problem does not lead to an
environmental hazard. Where a hazard is imminent or has already occurred,
remedial action must be taken immediately.
(d) The owner/operator must record inspections in an inspection log. These records
must include the date and time of the inspection, the name of the inspector, a
notation of the observations made, and the date and nature of any repairs. These
records must be kept for at least three years.
111-70
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are in any way altered by any statements) contained herein.
No statutoiy or
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OSWERDir. No. 9938.02(b)
Inspection Procedures - Section 265.15
Remember:
• Review the facility's inspection schedule. The schedule and list of items to be checked
should be included in the facility's log book.
• The items being inspected by the facility should include monitoring equipment, safety
equipment, emergency response equipment, security devices, and operational and structural
equipment.
• The schedule should specifically list the components being inspected and define the
problems that might occur, e.g., deterioration of a liner, loss of pressure in a self-contained
breathing apparatus.
• The frequency of inspection may vary, but areas subject to spills such as loading and
unloading areas must be inspected daily when in use.
• The facility's inspections must be recorded in a log book or other summary. Each inspection
should be dated, the inspector's full name recorded, all observations noted, and the date and
nature of any repairs recorded.
The inspector should review all log book entries in order to determine whether inspections
are being conducted with the specified frequency. The inspector should also note the number of
times that a facility inspector has observed problems.
Facilities with logbooks without any visual observations recorded should be suspect as to
whether the inspections are being done adequately or at all. Look at the most recent observation
logs and see if your observations of the areas or unit agree with the log. It is also critical to check
whether the facility has appropriately made repairs arid recorded the nature and date of those
repairs in the log. The inspection records must be kept for three years.
111-71
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Personnel Training
§265.16 Personnel Training
(a)(1) Facility personnel must successfully complete a program of training that teaches
them to perform their duties in a way that ensures the facility's compliance with
applicable requirements.
. (2) This training program must be directed by a person trained in hazardous waste
management procedures and must include instruction in hazardous waste
management procedures relevant to the positions in which facility personnel are
employed.
(3) At a minimum, the training program must be designed to ensure that facility
personnel are able to respond effectively to emergencies.
(b) Facility personnel must successfully complete the training program within six
months after the effective date of their employment or assignment to a facility, or to
a new position at a facility.
(c) Facility personnel must take part in an annual review of the initial training.
(d) The facility owner/operator must maintain the following documents at the facility:
(1) The job title for each position related to hazardous waste management, and the
name of the employee holding the position;
(2) A written job description for each position listed;
(3) A written description of the type and amount of both introductory and continuing
training that will be given to each person; and
(4) Records documenting that the'training or job experience requirements have been
met.
(e) Training records on current personnel must be kept until closure of the facility.
Training records on former employees must be kept for at least three years from the
date the employee last worked at the facility.
111-72
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Section 265.16
Kev Considerations;
• Has the documentation of a facility's personnel training program been reviewed?
• Has everyone mentioned in the contingency plan been trained?
• Has a job title been given for each position? Be sure that a current employee's name is
listed, and that a job description is provided.
• Is a description of the training to be provided and the training actually received by the
employee also included?
• Is training reviewed annually with the employees?
• The owner/operator must identify the people that need training before a training program
can be provided. Ask how the people given training were identified and assess whether this
is a thorough approach.
The owner/operator must document that training has been provided to the facility
personnel. Common forms of documentation include training session sign-up sheets or other means
whereby each employee signs and dates a record once the training or annual update has been given.
Note: Documentation of training may not be possible where workers do not have hazardous waste
handler job classification due to union rules.
A facility's training program must enable personnel to respond effectively to emergencies. If
possible, the inspector should ask to speak to a few employees to determine if they are familiar with
steps to be taken in the case of a spill or similar emergency; in this way, he may be better able to
verify that employee training has been provided. The determination whether a training program is
adequate is often a professional judgment, but the inspector can refer to appropriate guidance in
this matter.
See discussion of OSHA/RCRA Interface in Appendix I, "Keeping Up With RCRA."
• When initiating discussions with facility employees, an inspector should practice active
listening which can often lead to uncovering additional facility problem areas.
• Both initial training and annual training updates must occur.
• Training must include emergency response training.
111-73
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Ignitable, Reactive, or Incompatible Wastes
§265.17 Genera] Requirements for Ignitable, Reactive, or Incompatible Wastes
These wastes must be separated and protected from sources of ignition or reaction,
including but not limited to: open flames, smoking, cutting and welding, hot
surfaces, frictional heat, sparks, spontaneous ignition, and radiant heat. While
ignitable waste is being handled, the owner/operator must confine smoking and open
flame to specially designated locations. "No smoking" signs must be conspicuously
placed wherever there is a hazard from ignitable or reactive wastes.
Where required under Part 40, the treatment, storage, or disposal of ignitable or
reactive wastes, and the mixture of incompatible wastes must be conducted so that
they do not:
(1) Generate extreme heat or pressure, fire or explosion, or violent reaction;
(2) Produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantity to
threaten human health;
(3) Produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk
of fires or explosions; or
(4) Damage the structural integrity of the device or facility containing the waste.
(a)
(b)
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutoiy or
regulatory requirements are in any way altered by any statement^) contained herein.
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Inspection Procedures - Section 265.17
OSWER Dir. No. 9938.02(b)
Key Considerations:
• Does a facility handle ignitable or reactive wastes, or wastes that might be incompatible
when mixed? Determine this by reviewing the waste manifests or the waste analyses that
aire part of the operating record.
• Are "no smoking" signs placed conspicuouslv at facilities that handle ignitable wastes, and is
the smoking ban enforced?
• Do any containers or tanks contain ignitable, reactive, or incompatible wastes? Is there any
evidence of bulging or off-gassing? Wastes must not be allowed to damage containment
structures and thereby cause releases.
Specific requirements for handling ignitable, reactive, or incompatible wastes are given
under the unit specific subparts (I through R) of this section. Refer to Appendix V, "Additional
Resources," for references that may provide additional information.
• Care must be taken to keep ignitable or reactive wastes away from sources of ignition or
¦ reaction.
111-75
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are in any way altered by any statements)'contained herein.
No statutory or
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OSWER Dir. No. 9938.02(b)
Subpart C - Preparedness and Prevention
§265.31 Maintenance and Operation of the Facility
Facilities must be maintained and operated to minimize the possibility of any unplanned,
sudden or non-sudden, release of hazardous waste or constituents to air, soil, or surface water.
§265.32 Required Equipment
All facilities must be equipped with the following, unless none of the hazards posed by waste
handled at the facility could require a particular kind of equipment specified below:
(a) An internal communications or alarm system;
(b) A device, such as a telephone, capable of summoning emergency assistance from
local emergency response teams;
(c) Portable fire extinguishers, fire control equipment, spill control and
decontamination equipment; and
(d) Water at adequate volume and pressure to supply water hose streams, or foam
producing equipment.
§265.33 Testing and Maintenance of Equipment
All safety equipment must be tested and maintained.
§265.34 Access to Communications or Alarm Systems
(a) Whenever hazardous waste is being handled, all personnel involved must have
immediate access to an internal alarm or emergency communication device.
111-76
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended sqlely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart C, Sections 265.31 through 265.34
Kev Considerations:
• What is the general appearance and housekeeping of the facility? Are any potential
problems apparent during the visual inspection phase?
• Are any inoperative devices and deteriorated, patched, or jury-rigged equipment apparent?
• The inspector should:
Ask to see the type of internal and external communication systems in use at
the facility.
-- Look for fire extinguishers and other equipment such as hoses, sprinklers, or
foam; the equipment should be maintained and in good condition.
Ill 77
FOR USE BY.EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart C - Preparedness and Prevention (continued)
§265.35 Required Aisle Space
The owner/operator must maintain aisle space to allow the unobstructed movement of
personnel, fire protection equipment, and spill control equipment to any areas of the facility.
§265.37 Arrangements with Local Authorities
(a) The owner/operator must attempt to make:
(1) Arrangements to familiarize emergency response teams with the layout of
the facility, properties of the hazardous waste handled at the facility, and
associated hazards;
(2) Agreements designating primary emergency authority and agreements with
any other authorities to provide support;
(3) Agreements with State emergency response teams, emergency response
contractors, and equipment suppliers; and
(4) Arrangements to familiarize local hospitals with the properties of hazardous
waste handled at the facility and associated hazards.
(b) The owner/operator must document in the operating record situations in which
State or local authorities decline to enter into such arrangements.
111-78
FOR USE.BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart C, Sections 265.35 through 265.37
Key Considerations:
• Have all local authorities been made aware of potential dangers at the site? Ask to see the
agreements made with all appropriate local emergency response teams.
The owner/operator should provide proof that all local authorities were contacted, such as
by producing a certified or registered letter, and that such authorities either agreed to a plan or
have declined to participate.
The inspector should also verify that aisle space is adequate and unobstructed. A good rule-
of-thumb is to determine whether the aisle space is adequate for the removal of one drum, or is at
least two feet wide. Every individual drum must be able to be inspected and, in some cases,
emergency equipment must have room to pass through the aisle space.
111-79
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart D - Contingency Plan and Emergency Procedures
§265.51 Purpose and Implementation of Contingency Plan
(a) Each owner/operator must have a contingency plan for his facility which is designed
to minimize hazards to human health or the environment from fires, explosions or
any .fires, explosions or unplanned releases of hazardous waste or waste
constituents.
(b) The provisions of the contingency plan must be carried out whenever there is a
situation which could threaten human health or the environment
§265.52 Content of Contingency Plan
(a) The contingency plan must describe the actions facility personnel must take with
respect to any fires, explosions^ or unplanned sudden or non-sudden release.
(b) If the owner/operator has already prepared a Spill Prevention. Control, and
Countermeasures Plan, he need only amend that plan to incorporate hazardous
waste management provisions.
(c) The contingency plan must describe arrangements agreed to by local emergency
response teams.
(d) The contingency plan must list names, addresses, and phone numbers of all persons
qualified to act as emergency coordinator, and this list must be kept up to date. '
(e) The contingency plan must include a list of all emergency equipment In addition,
the contingency plan must include the location and a physical description of each
item on the list, and a brief outline of its capabilities.
(f) The contingency plan must include an evacuation plan for facility personnel.
§265.53 Copies of Contingency Plan
A copy of the contingency plan must be:
(a) Maintained at the facility; and
(b) Submitted to all local emergency response teams.
111-80
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart D, Sections 265.51 through 265.53
Key Considerations:
• Is the copy of the contingency plan on file at the facility detailed enough to deal with site-
specific incidents?
• Does the contingency plan specify the name(s) of an emergency coordinator, his address,
and office and home phone number? Is at least one backup or alternate emergency
coordinator identified to ensure that one person is available at all times?
• Does the contingency plan include a list of all emergency equipment, as well as the location
and general description of the capabilities of each item listed?
• Has a copy of the contingency plan been kept on file at the facility and another sent to local
emergency response teams (police, fire departments)? Ask to see signed receipts of these
plans from the appropriate agencies. Certified or registered mail receipts are acceptable,
though the absence of a receipt is not, on its own, a violation of the regulations.
The contingency plan is required to be updated when personnel or. equipment change, but
this requirement is often overlooked. The inspector should verify that the individuals listed are
current and that all the equipment listed can be located by the descriptions given. The inspector
should ask to see selected equipment identified on the list to personally verify that at least certain
111-81
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938:02(b)
Subpart D - Contingency Plan and Emergency Procedures (continued)
§265.54 Amendment of Contingency Plan
The contingency plan must be reviewed, and immediately amended, whenever:
(a) Regulations are revised;
(b) The plan fails in an emergency;
(c) The facility changes in such a manner that the new design or other circumstances
increase the potential of hazardous waste releases, or require a change in emergency
response procedure;
(d) The list of emergency coordinators changes; or
(e) The list of emergency equipment changes.
§265.55 Emergency Coordinator
At all times, there must be at least one employee at the facility or on call with the
responsibility for coordinating all emergency response measures.
§265.56 Emergency Procedures
(a) When there is an emergency situation, the emergency coordinator must:
(1) Activate internal facility alarms; and
(2) Notify appropriate State or local agencies.
(b) The emergency coordinator must immediately identify the character, exact source,
and amount of any released materials.
(c) The emergency coordinator must assess possible hazards to human health or the
environment that may result from the release.
(d) If the facility has had a fire, explosion, or release, the emergency coordinator must
report his findings to appropriate local authorities and the National Response
Center or the 40 CFR Part 1510 on-scene coordinator.
(g) Immediately after an emergency, the emergency coordinator must provide for
treating, storing, or disposing of recovered waste, contaminated soil or any other
material that results from a fire, explosion, or release.
(j) The time, date, and details of any incident that requires implementing the
contingency plan must be recorded in the operating record. Within 15 days after the
incident, the emergency coordinator must submit a written report on the incident to
the Regional Administrator.
111-82
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart D, Sections 265.54 through 265.56
Key Considerations:
• Are the emergency coordinator and backup trained to carry out the provisions of the
contingency plan?
During the file review, the inspector should look for reports of incidents requiring the
implementation of the contingency plan. Special note should be made of situations in which the
contingency plan should have been implemented but was not.
A facility must file a report with the Regional Administrator within fifteen days of any
incident. During the inspection of a facility reporting such an incident, the inspector should view
the involved area in order to check that any spilled or released material had been contained and
disposed of properly, and that any equipment which was used has been decontaminated and is fit
for reuse.
111-83
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart E • Manifest System and Discrepancies
§265.71 Use of the Manifest System
(a) If a facility receives hazardous waste accompanied by a manifest, the owner/operator
must:
(1) Sign and date each copy of the manifest;
(2) Note any significant discrepancies between the manifest and the waste;
(3) Give the transporter at least one copy of the manifest;
(4) Within 30 days, send a signed copy of the manifest to the generator; and
(5) Retain a copy of the manifest at the facility for at least three years from the date of
delivery.
§265.72 Manifest Discrepancies
(a) Manifest discrepancies are differences between quantity or type of hazardous waste
designated on the manifest and the quantity or type of hazardous waste a facility
actually receives. Significant discrepancies include: (1) for bulk waste, variations
greater than 10 percent in weight; and (2) for batch waste, any variation in piece
count.
(b) Upon discovering a significant discrepancy, the owner/operator must attempt to
reconcile the discrepancy with the waste generator or transporter. If the
discrepancy is not resolved within 15 days, the owner/operator must immediately
submit to the Regional Administrator a letter describing the discrepancy and
attempts to reconcile it, and a copy of the manifest.
111-84
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
. regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart E, Sections 265.71 and 265.72
Kcv Considerations:
• Has a facility accepting offsite waste retained for three years signed and dated copies of
manifests for the wastes it accepted?
• Has the facility, within 30 days of the receipt of the waste, returned a signed and dated copy
of the manifest to the generator? Observe the dates on generator return copies to see if they
are being held for longer than 30 days.
• Are there any discrepancies in files which must be recorded on the manifest document?
• Are any changes, cross-outs or write-overs evident in the manifests? If so, they should be
closely reviewed.
Significant discrepancies in quantity are a variation of 10% for bulk waste and one piece,
e.g. drums, for any batch waste. Incorrectly or inadequately identified waste is also a significant
discrepancy. For any discrepancies noted on any manifest, the facility must have attempted to
reconcile the discrepancy with the transporter^) and generator within 15 days. Ask for verification
of these attempts, such as letters or notes from a phone conversation. If the discrepancy was not
resolved, the inspector should verify that a letter was sent to the Regional Administrator, describing
the discrepancy and attempts to reconcile it and including a copy of the manifest at issue.
111-85
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are in any way altered by any statements) contained herein.
No statutory or
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OSWER Dir. No. 9938.02(b)
Subpart E - Operating Record
§265.73 Operating Record
, (a) A written operating record must be kept at each facility.
(b) The following information must be recorded, as it becomes available, and maintained
in the operating record until closure of the facility:
(1) A description and an indication of the quantity of each hazardous waste
received, and the method(s) and date(s) of its treatment, storage, or disposal;
(2) The location of each hazardous waste within the facility arid the quantity at
each location. Include cross-references to specific manifest document
numbers, for waste accompanied by a manifest;
(3) Records and results of waste analyses and trial tests;
(4) Summary reports and details of jail incidents that require implementing the
contingency plan;
(5) Records and results of inspections;
(6) Monitoring, testing, or analytical data where required;
(7) All closure cost estimates and post-closure cost estimates; and
(8) Notices and certification for land disposal ban.
§265.74 Availability, Retention, and Disposition of Records
(a) All records must be furnished upon request, for inspection.
(c) A copy of records of waste disposal locations and quantities must be submitted upon
closure of the facility.
111-86
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart E, Sections 265.73 and 265.74
Kev Considerations:
• Has the operating record been reviewed carefully? The review of the operating record is
very important to the inspection of any TSDF.
• Does a facility's operating record contain all of the required information?
• Have all records and results of onsite inspections been kept as part of the operating record
for three years?
Inspector should note that facilities often do not have all the items listed in §265.73(b) (1-8)
iin one file or designated area. If the information is somewhere on-site, the requirement is being
Imet. Inspectors should, however, encourage owners/operators to gather these items in one central
[area under the control of one designated individual.
111-87
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart E - Additional Reports
§265.75 Biennial Report
The owner/operator must submit a copy of 'a biennial report to the Regional Administrator
by March 1 of each even numbered year. The following information must be included:
(a) The EPA identification number, name, and address of the facility;.
(b) The calendar year covered by the report:
(c) For off-site facilities, the EPA identification number of each hazardous waste
generator:
(d) A description and the quantity of each hazardous waste received during the year;
(e) The method of treatment, storage, or disposal for each hazardous waste;
(f) Monitoring data where required;
(g) The most recent closure cost estimate and the most recent post-closure cost estimate;
(h&i) Description of waste minimization efforts; and
(j) A certification signed by the owner/operator of the facility.
§265.76 Unmanifested Waste Report
If a facility accepts any hazardous waste from an offrsite source without an accompanying
manifest and if the waste is not excluded from the manifest requirement, then the owner/operator
must prepare and submit a single copy of a report to the Regional Administrator within fifteen days
after receiving the waste. Such report must be designated "Unmanifested Waste Report" and
include the following:
(a) The EPA identification number, name, and address of the facility;
(b) The date the facility received the waste;
(c) The EPA identification number, name, and address of the generator and the
transporter, if available;
(d) A description and the quantity of each unmanifested hazardous waste;
(e) The method of treatment, storage, or disposal for each hazardous waste;
(f) The certification signed by the owner/operator of the facility; and
(g) A brief explanation of why the waste was unmanifested.
Ill 88
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered, by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart E, Sections 265.75 through 265.77
Ask to see the facility's Biennial Report and, if it is available, review the report for
completeness (if it was not reviewed prior to the inspection).
Review the unmanifested waste reports from facilities that accept waste from off-site
generators. These documents should be reviewed for completeness.
Be aware that conditionally exempt SQG wastes are excluded from the manifest
requirement. Sse §265.76(g) for an explanation of what an owner/operator should do when
receiving hazardous wastes from conditionally exempt SQGs.
Ask to see any additional reports required under 40 CFR 265.77 for release, fire, explosion,
ground-water contamination, and closure.
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FOR'USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart E - Additional Reports (continued)
§265.77 Additional Reports
The owner/operator must also report to the Regional Administrator:
(a) Releases, fires, and explosions;
(b) Ground-water contamination and monitoring data;
(c) Facility closure; and
(d) Reports required under Part 265 Subparts AA and BB.
111-90
FOR USE BY EPA INSPECTION PERSONNEL ONLY.' This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
111-91
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart F - Ground Water Monitoring
§265.90 Applicability
The owner/operator of a surface impoundment, landfill, or land treatment facility which is
used to manage hazardous waste must implement a ground-water monitoring program capable of
determining the facility's impact on the quality of ground water in the uppermost aquifer.
§265.91 Ground Water Monitoring System
(a) A ground water monitoring system must consist of:
(1) Monitoring wells (at least one) installed hydraulically upgradient.
(2) Monitoring wells (at least three) installed hydraulically downgradient at the
limit of the waste management area.
(c) All monitoring wells must be cased in a manner that maintains the integrity of the
monitoring well bore hole.
§265.92 Sampling and Analysis
The owner/operator must also report to the Regional Administrator:
(a) The owner/operator must develop and follow a ground water sampling and analysis
plan. The plan must include procedures and techniques for:
(1) Sample collection;
(2) Sample preservation and shipment;
(3) Analytical procedures; and
(4) Chain of custody control.
(b) The owner/operator must determine the concentration or value of the parameters
specified in this paragraph:.
(1) Parameters characterizing the suitability of the ground water as a drinking
water supply;
(2) Parameters establishing ground water quality; and
(3) Parameters used as indicators of ground water contamination.
111-92
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart F, Sections 265.90 through 265.94
Important:
The Subpart F CEI inspection is not to be confused with the CME or O&M inspections
which go beyond the scope of the CEI in evaluating ground water monitoring.
Since determining a facility's compliance with Subpart F is a very important component of
ensuring a facility's overall compliance with RCRA, the inspector should review and refer to the
RCRA Ground-Water Monitoring Technical Enforcement Guidance Document (TEGD). Also, he
should refer to the RCRA Laboratory Audit Inspection Guidance manual if possible. This manual
addresses the identification of error in monitoring well data.
111-93
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart F - Ground Water Monitoring (continued)
§265.93 Preparation, Evaluation, and Response
(a) The owner/operator must prepare an outline of a ground water quality assessment program
that is capable of determining:
(1) Whether hazardous waste or hazardous waste constituents have entered the ground
water;
(2) The rate and extent of migration; and
(3) The concentrations of hazardous waste or hazardous waste constituents.
(c)(1) tf the comparisons for the upgradient wells show a significant increase (or pH decrease),
the owner/operator must submit this' information to the Regional Administrator.
(2) If comparisons of downgradient wells show a significant increase (or pH decrease), the
owner/operator must then immediately obtain additional ground water samples from
downgradient wells where a significant difference was detected, to determine if the
significant difference was the result of laboratory error.
(d)(1) If the analyses performed confirm the significant increase (or pH decrease), the
owner/operator must provide written notice to the Regional Administrator-within seven
days of the date of obtaining such confirmation.
(2) Within 15 days after notification is provided to the Regional Administrator/ the
owner/operator must submit to the Regional Administrator a specific plan for a ground
water quality assessment program at the facility.
§265.94 Record Keeping and Reporting
(a) Unless the ground water is monitored to satisfy the requirements of §265.93(d)(4), the
owner/operator must:
(1) Keep records of required analyses, associated ground water elevations and the
evaluations required throughout the active life of the facility, and for disposal facilities,
throughout the post-closure care period as well;
(2) Report, the following ground water monitoring information to the Regional
Administrator:
(i) During the first year: concentrations of the parameters listed in §265.92(b)(l);
(ii) Annually: concentrations of the parameters listed in 265.92(b)(3);
(iii) No later than March 1 following each calendar year: results of the evaluations
of ground water surface elevations.
111-94
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein. .
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
111-95
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart G - Closure and Post-Closure
§265.112 Closure Plan
(a) By May 19, 1981 or by the end of six months after the effective date of the rule that
first subjects a facility to the closure/post-closure requirements, the owner/operator
of a hazardous waste management facility must have a written closure plan.
(b) The written closure plan must identify steps necessaiy to perform partial and/or
final closure of the facility.
(c) The owner/operator may amend the closure plan at any time prior to the notification
of partial or final closure of the facility. If the plan has been approved, the
owner/operator must submit a written request for approval of a change to the
Regional Administrator. Certain facility changes require owners/operators to revise
their closure plans.
(d) The owner/operator must submit the closure plan to the Regional Administrator at
least 180 days prior to the date on which he expects to begin closure of the first
surface impoundment, waste pile, land treatment, or landfill unit, or final closure if
it involves such a unit. If the owner/operator has an approved closure plan, the
Regional Administrator must be notified at least 60 days prior to closure.
The owner/operator must submit a closure plan to the Regional Administrator at
least 45 days prior to the date on which he expects to begin final closure of a facility
having only tanks, container storage, or incinerator units. If the owner/operator has
an approved closure plan, the Regional Administrator must be notified at least 45
days prior to closure. The owner/operator of a boiler or industrial furnace must
submit a closure plan to the Regional Administrator at least 45 days prior to the
date on which he expects to begin partial or final closure. If the owner/operator of a
boiler or industrial furnace has an approved closure plan, the Regional
Administrator must be notified at least 45 days prior to partial or final closure.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. -This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart G, Section 265.112
Key Considerations:
• Has the closure plan been updated and current?
Note: only facilities with approved closure plans are required to submit a request to EPA in
order to change their closure plans.
In the case of many interim status facilities, the inspector is the only official that has an
opportunity to evaluate the completeness of a plan prior to closure and submittal of the plan to the
Administrator. Therefore, the inspector should closely evaluate the contents of the plan to verify
that the required steps are adequately addressed and that all units are covered by the plan.
The owner/operator must expect to begin closure within 30 days after receiving the last
shipment of waste, and notification and submittal of the closure plan to EPA must occur by the
specified time period depending upon the nature of the unit. If the inspector feels that a unit does
not have the capacity to manage additional wastes, he should question the owner/operator about the
anticipated date when operations cease and the submittal of the closure plan in the required time
period.
111-97
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart G - Closure and Post-Closure (continued)
§265.113 Closure
(a) Within 90 days after receiving the final volume of hazardous wastes, or within 90
days after approval of the closure plan, the owner/operator must treat, remove from
the unit or facility, or dispose of on-site, all hazardous wastes in accordance with the
approved closure plan.
(b) Within 180 days after receiving the final volume of hazardous wastes, the 1
owner/operator must complete final closure.
(d) The Regional Administrator may allow an owner/operator to receive non-hazardous
wastes in a landfill, land treatment, or surface impoundment if a Part B application
is submitted that demonstrates existing design capacity, that non-hazardous waste
will be received within one year after final hazardous waste receipt, and that all
wastes will be compatible.
§265.114 Disposal or Decontamination
All contaminated equipment, structures and soil must be properly disposed of, or
decontaminated.
§265.115 Certification
Within 60 days of completion of closure* the owner/operator must submit to the Regional
Administrator a certification that the hazardous waste management unit or facility has been closed
in accordance with the specifications in the approved closure plan. The certification must be signed
by the owner/operator and an independent professional engineer.
§265.116 Survey Plat
An owner/operator must submit to the local authority with jurisdiction over local land use,
and to the Regional Administrator, a survey plat indicating the location and dimensions of landfill
cells or other hazardous waste disposal units with respect to permanently surveyed benchmarks.
111-98
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart G, Sections 265.113 through 265.116
Kev Considerations:
• Have any activities or sections been shut down? If so, have the appropriate partial closure
steps been taken? Be aware that the owner/operator may close certain units but not the
whole facility.
• Has closure or partial closure been completed within 180 days after receipt of the last
shipment of waste? If not, has the Administrator approved an extension?
• Has closure been completed properly and all wastes or materials been properly disposed of
or decontaminated? Closed unitfsl should he visually inspected.
111-99
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended splely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart G - Closure and Post-Closure (continued)
§265.117 Closure Care
(a)(1) Post-closure care for each hazardous waste management unit subject to the
requirements must begin after completion of closure of the unit and continue for 30
years after that date.
§265.118 Post-Closure Plan
(a) By May 19, 1981, the owner/operator of a hazardous waste disposal unit must have a
written post-closure plan.
§265.119 Post-Closure Notice
(a) No later than 60 days after certification of closure of each hazardous waste disposal
unit, the owner/operator must submit to the local authority with jurisdiction over
local land use, and to the Regional Administrator, a record of the type, location, and
quantity of hazardous wastes disposed of within each cell or other disposal unit of
the facility.
(b) Within 60 days of certification of closure:
(1) Record, in accordance with applicable State law, a notation on the deed to the
facility property to the effect that:
(i) The land has been used to manage hazardous wastes; and
(ti) Its use is restricted under 40 CFR Subpart G regulations.
§265.120 Certification of Completion of Post-Closure
No later than 60 days after the completion of the established post-closure care period for
each hazardous waste disposal unit, the owner/operator must submit to the Regional Administrator
a certification that the post-closure care period for the hazardous waste disposal unit was performed
in accordance with the specifications in the approved post-closure plan.
IIM00
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way idtered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart G, Sections 265.117 through 265.120
Key Considerations:
• Does the facility have a post-closure plan? Note: only land disposal facilities are required to
have post-closure plans.
• Is the post-closure plan current? Note: only facilities with approved post-closure plans need
submit a request to EPA in order to update their post closure plans.
In the case of many interim status facilities, the inspector is the only official that has an
opportunity to evaluate the completeness of the plan prior to closure and submittal of the plan to
the Administrator. The inspector should closely evaluate the contents of the plan to verify that the
maintenance and monitoring requirements are adequately addressed.
The owner/operator must submit the post-closure plan in the same time frame as the closure
plan for land disposal units. Certain units may be under post-closure care while the facility is still
operating other units. The inspector should ask if any units, specifically disposal units, are closed
and should be under post-closure care.
III-101
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart H - Financial Requirements
§265.142 Cost Estimate for Closure
(a) The owner/operator must have a detailed written estimate of the cost of closing the
facility under the closure plan. The estimate must include the highest costs possible
for closure. The costs must be based on third party closure and cannot incorporate
any salvage value.
(b) The closure cost estimate must be adjusted annually for inflation.
(c) The closure cost estimate must be revised within 30 days of a revision to the closure
plan.
(d) The closure cost estimate must be kept at the facility during the operating life.
Revisions must be deleted.
§265.143 Financial Assurance for Closure
The owner/operator must establish financial assurance for closure of the facility by choosing
one of the following options:
(a)
Closure trust fund;
(t>)
Surety bond guaranteeing payment into a closure trust fund;
(c)
Closure letter of credit;
(d)
Closure insurance;
(e)
Financial test or corporate guarantee for closure;
(f)
Use of multiple financial mechanisms;
(g)
Use of State-required mechanism (under §265.149); or
(h)
State assumption of responsibility (under §265.150).
III-102
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are in any way altered by any statements) contained herein.
No statutoiy or
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart H, Sections 265.142 and 265.143
Key Considerations:
• Does the facility have the required copy of the cost estimate onsite?
• Which financial mechanism has the owner/operator elected to use?
Remember: verify that the cost estimate includes third-party closure costs and is updated
within 30 days of any significant revisions to the closure plan or when the closure plan is submitted
to EPA. Documentation of financial assurance is not required to be kept at the facility and may be
kept at a central or corporate location and filed with the Region.
Ill-103
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s) contained herein:
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OSWER Dir. No. 9938.02(b)
Subpart H - Financial Requirements (continued)
§265.144 Cost Estimate for Closure Care
(a) The owner/operator must have a detailed written estimate of the cost of post-closure
care for the facility as required. The estimate must be based upon third party costs
and is determined by multiplying the annual post-closure cost by the number of
years of care.
(b) The post-closure care cost estimate must be adjusted annually for inflation.
(c) The post-closure cost care estimate must be revised within 30 days of a revision to
the closure plŁn.
(d) The post-closure cost estimate must be kept at the facility during its operating life
and be dated when adjusted for inflation.
§265.145 Financial Assurance for Post-Closure Care
The owner/operator must establish financial assurance for closure of the facility by choosing
one of these options:
(a)
Post-closure trust fund;
(b)
Surety bond guarantee payment into a post-closure trust fund;
(c)
Post-closure letter of credit;
(d)
Post-closure insurance;
(e)
Financial test or corporate guarantee for post-closure care;
(f)
Use of multiple financial mechanisms for multiple facilities;
(g)
Use of State-required mechanism (under §265.149); or
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart H, Sections 265.144 and 265.145
Kev Considerations:
• Does the facility have on-site the required copy of the .cost estimate for post-closure care?
• Has a copy of the cost estimate for post-closure care and the documentation of financial
assurance for the post-closure care period been reviewed?
Remember: verify that the cost estimate includes third-party closure costs and is updated
within 30 days of any significant revisions to the post-closure care plans or when the post-closure
care plan is submitted to EPA. Documentation of financial assurance for post-closure care is not
required to be kept at the facility and may be kept at a central or corporate location and filed with
the Region. Ask which financial mechanism the owner/operator has elected to use.
III-105
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart H - Financial Requirements (continued)
§265.147 Liability Requirements
(a) Coverage for sudden accidental occurrences must be maintained by the
owner/operator. Possession of liability assurance may be demonstrated in one of six
ways:
0) Obtaining liability insurance;
(2) Passing a financial test for liability or using a guarantee;
(3) Obtaining a letter of credit;
(4) Obtaining a surety bond; or
(5) Obtaining a trust fund;
(6) Using combinations of insurance, financial test, guarantee, letter of credit,
surety bond, and trust fund, with the exceptions specified in this paragraph;
(7) Using a State-required mechanism; or
(8) Using State assumption of responsibility.
(b) Coverage for non-sudden accidental occurrences must be maintained for surface
impoundments, landfills, and land treatment units. Possession of the required
liability assurance can be demonstrated in one of the following ways:
(1) Obtaining liability insurance;
(2) Passing a financial test for liability or using a guarantee;
(3) Obtaining a letter of credit;
(4) Obtaining a surety bond;
(5) Obtaining a trust fund;
(6) A combination of the above mechanisms, with the exceptions specified in this
paragraph;
(7) Using a State-required mechanism: or
(8) Using State assumption of responsibility.
(c) The owner/operator can request a variance and the Regional Administrator may
adjust the required level of financial responsibility.
111-106
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart H, Sections 265.147 through 265.150
Key Considerations:
• If a facility has lost its liability coverage, has the owner/operator submitted the closure plan
and stopped accepting wastes?
Note: proof of liability coverage does not have to be onsite but must be on file with the
Regional Administrator or the State.
For facilities in interim status on November 8, 1984, each owner/operator was required to
submit documentation of liability insurance to the Regional Administrator by November 8, 1985, or
meet the financial test requirements, obtain a waiver, or have a State guarantee. Facilities that are
newly regulated after November 8, 1984 have one year to meet these requirements. Unless a
facility has met one of these requirements, it has lost interim status and must close.
During the pre-inspection review, documentation of liability insurance or a demonstration of
meeting the financial test should be verified. At facilities that have lost interim status, the inspector
should verify that the facility is no longer accepting wastes, and that the closure plan, post-closure
care plan (when applicable) and cost estimates have been submitted. At facilities where EPA has
approved the plans, the inspector should verify that closure and post-closure activities are being
appropriately carried out.
111-107
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart H - Financial Requirements (continued)
§265.147 Liability Requirements (continued)
(d) If the Regional Administrator determines that the levels of financial responsibility
required by paragraph (a) or (b) are not consistent with the degree and duration of
risk associated with the TSDF, the Regional Administrator may adjust the level of
financial responsibility.
§265.148 Incapacity of Owners/Operators, Guarantors, or Financial Institutions
(a) An owner/operator or guarantor must notify the Regional Administrator of the
commencement of proceedings under Title 11 (Bankruptcy), U.S. Code, naming the
owner/operator as debtor, within 10 days after commencement of such proceedings.
(b) An owner/operator who fulfills the requirements of §§265.143, 265.145„or 265.147 by
obtaining a trust fund, surety bond, letter of credit, or insurance policy will be
deemed without financial assurance or liability coverage in the event of bankruptcy
of the trustee or issuing institution. The owner/operator must establish other
financial assurance or liability coverage within 60 days after such an event.
§265.149 Use of State-Required Mechanisms
(a) For a facility located in a State where EPA is administering the requirements of
Subpart H, but where the State has hazardous waste regulations that include
requirements for financial assurance or liability coverage, an owner/operator may
use State-required financial mechanisms to meet the requirements of §§265.143,
265.145, or 265.147.
(b) If a State-required mechanism is found acceptable as specified in paragraph (a), the
owner/operator may satisfy financial mechanisms through the use of the State
mechanism.
§266.150 State Assumption of Responsibility
(a) If a State either assumes legal responsibility for an owner/operator's compliance
with Subpart H or assures that funds from State sources will be available to cover
these requirements, the Regional Administrator determines that the State's
assumption of responsibility is at least equivalent to the financial mechanisms
specified in this subpart.
(b) If a State's assumption of responsibility is found acceptable as specified in paragraph
(a), the owner/operator may satisfy the requirements of this subpart by use of State
and additional mechanisms.
Ill-108
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
Ill-109
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart I - Containers
§265.171 Condition of Containers
If a container holding hazardous waste is not in good condition, the owner/operator, must
transfer the hazardous waste from that container to a container that is in good condition.
§265.172 Compatibility of Waste with Container
The owner/operator must use a container made of, or lined with, materials which will not
react with the hazardous waste to be stored, so that the ability of the container to contain the waste
. is not impaired.
§265.173 Management of Containers
(a) A container holding hazardous waste must always be closed during storage.
(b) A container holding hazardous waste must not be opened, handled, or stored so that
the container may rupture or leak.
§265.174 Inspections
The owner/operator must inspect areas where containers are stored, at least weekly, looking
for leaks and for deterioration caused by corrosion or other factors.
§265.176 Ignitable or Reactive Wastes
Containers holding ignitable or reactive waste must be located at least 15 meters from the
facility's property line.
§265.177 Special Requirements for Incompatible Wastes
(a) Incompatible wastes must not be placed in the same container.
(b) Hazardous waste must not be placed in an unwashed container that previously held
an incompatible waste.
(c) A storage container holding a hazardous waste that is incompatible with other
materials must be separated from the other materials or protected from them by
means of a dike, berm, wall, or other device.
IIM10
FOR USE BY EPA INSPECTION PERSONNEL ONLY- This manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart I, Sections 265.171 through 265.177
During ail inspection of a container storage area, consider the following issues:
• The security around the unit;
• The condition of the containers (leaks, deterioration or signs of incompatibility such as
swollen drums, corrosion or off-gassing);
• The sufficiency of aisle space;
• The existence of dead vegetation or stains in the storage run-off area;
• The condition of safety and emergency equipment;
• Whether evidence of past spills correlates with the operating record;
• Whether any drums are stored in unauthorized areas; and
• Whether the container storage areas are inspected at least weekly.
If the containers are storing ignitable or reactive waste and are located within 15 meters of
the property boundary but inside a structure, the owner/operator should have a waiver from the
local Are marshall. Even with a waiver, the acceptability of this practice must be evaluated on a
case-by-case basis. Containers must be handled safely. Check with the owner/operator on how they
handle the containers, i.e. by hand or fork truck.
The inspector should be aware that some States require secondary containment of the
storage area for generators accumulating wastes for less than 90 days. See Section 264, Subpart I.
III-lll
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart J - Tanks
§265.190 Applicability
These regulations apply to all tank systems used to store or treat hazardous waste except:
(a) Tanks used for wastes without free liquids that are in a building with an
impermeable floor.
(b) Tanks, including sumps, that are part of a secondary containment system.
i he above tanks are exempted only from §265.193, setting forth secondary containment
requirements.
§265.191 Assessment of Existing Tank System's Integrity
(a) Existing tank systems without secondary containment (§265.193) must have a
written assessment certified by an independent, qualified registered professional
engineer (IQPRE) attesting to its integrity.
(b) The assessment must consider the following:
(1) Design standards;
(2) Characteristics of the waste;
(3) Existing corrosion protection;
(4) Documented age of system if available or, otherwise, an estimate of age; and
(5) Results of leak tests, internal inspections or other integrity exams.
(d) If the tank system is unfit for use. it must be taken out of service and repaired or
retrofitted appropriately before reuse, or replaced, in compliance with §265.196.
§265.192 Design and Installation of New Tank Systems or Components
(a) New tank systems or components must be certified by an IQPRE for structural
integrity and compliance with design standards. All components in contact with soil
or water must be evaluated by a corrosion expert.
(b) During the installation of a new tank system or component and prior to its use, an
IQPRE or an independent qualified installation inspector must inspect the system.
III-112
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein:
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart J, Sections 265.190 through 265.201
Kev Considerations:
• Are new tanks adequately designed and properly installed with appropriate documentation?
•. Is secondary containment provided when required?
• Are inspection and recordkeeping requirements being met?
• Are spill and overfill prevention measures adequate and operational?
• Are annual assessments being completed?
Remember: the regulations which are applicable to above-, on-, in-, and underground
tanks that can be entered apply in States without authorized RCRA programs only, unless a State
amends its statute. Requirements for the permitting of unenterable, underground tank systems,
new underground tank systems, and SQGs apply in all States. Detailed inspection procedures are
provided in the "Inspection Manual for Hazardous Waste Storage and Treatment Tank Systems".
Also see Appendix IV for relevant checklists.
Ill 113
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart J - Tanks (continued)
§265.192 Design and Installation of New Tank Systems or Components (continued)
(c) All back fill material must be non-corrosive, porous, and homogeneous.
(d) All tanks and ancillary equipment must be tested for tightness.
(e) Ancillary equipment must be protected.
(f) The owner/operator must provide necessary corrosion protection.
(g) Written statements and certification for design and installation must be kept on file.
§265.193 Containment and Detection of Releases
(a) Secondary containment must be provided as follows:
(1) All new tank systems or components prior to use.
(2) All existing tank systems handling dioxin wastes by January 12,1989.
(3) Existing tank systems of known age by January 12, 1989 or by 15 years of age,
whichever comes later.
(4) For existing tank systems without documented age not later than January 12, 1995
or, if the facility is greater than seven years old, by the time the facility is 15 years
old, or by January 12,1989. whichever is later.
(5) Secondary containment systems must:
0) Prevent migration of any wastes or accumulated liquids.
(2) Be capable of detecting and collecting any releases.
(c) The containment systems must be compatible with the wastes or liners, prevent failure,
provide leak detection, and be designed to remove any liquid.
(0 Ancillary equipment (such as pipes or sumps) must be provided with full secondary
containment.
(i) All tank systems must conduct a leak test at least annually until such time as secondary
containment meeting the requirements of §265.193 is provided. The results of such tests
must be retained on file at the facility.
III-l 14
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
III-115
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart J - Tanks (continued)
§265.194 Genera] Operating Requirements
(a) Hazardous wastes may not be placed in a tank system if they can cause it to fail.
(b) Spills and overflows must be prevented.
§265.195 Inspections
(a) The owner/operator must inspect the following daily:
(1) Overfill and spill control equipment;
(2) Aboveground portions of tank system;
(3) Data from monitoring and leak detection equipment; and
(4) Area surrounding externally accessible portion of tank system.-
(b) Cathodic protection systems must be inspected within 6 months after installation and
annually afterwards. Impressed current sources must be tested bimonthly.
(c) The inspections must be documented in the operating record.
§265.196 Response to Leaks and Disposition of Unfit Tank Systems
If there has been a leak or spill, or if the tank system is unfit for use, the following must be
done:
(a) Stop adding wastes;
(b) Remove waste from tank system;
(c) Contain visible releases;
(d) Report to Regional Administrator as appropriate;
(e) Provide secondary containment, repair, or close; and
(f) Certify major repairs.
III-116
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or
regulatory requirements are in any way altered by any statements) contained herein!
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
III-l 17
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended sqlely for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart J - Tanks (continued)
§265.197 Closure and Post-Closure Care
(a) At closure, the owner/operator must remove or decontaminate all material; or
(b) The owner/operator can close the tank system as a landfill (§265.310).
(c) For tanks without secondary containment, closure plans and financial assurance must be
prepared for both closure options.
§265.198 Special Requirements for Ignitable or Reactive Wastes
(a) Ignitable or reactive waste must not be placed in a tank unless:
(1) The waste has been treated so that it is no longer ignjtable or reactive; or
(2) The tank is protected from conditions that may cause the waste to ignite or react; or
(3) The tank is used only for emergencies; and
(b) The owner/operator maintains a protective distance between the waste and any public ways
or adjoining properties.
§265.199 Special Requirements for Incompatible Wastes
(a) Incompatible wastes must not be placed in the same tank system.
(b) Tanks must be decontaminated prior to holding incompatible wastes.
§265.200 Waste Analysis and Trial Tests
Whenever a tank system is to be used to treat or to store a hazardous waste that is
substantially different from the waste previously handled in that tank system, or to treat old waste
with a different process, an owner/operator must:
(a) Conduct waste analyses and trial treatment or storage tests.
(b) Obtain written documented information on similar waste under similar operating
conditions.
Ill 118
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
Ill 119
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart J - Tanks (continued)
§265.201 Special Requirements for SQGs That Accumulate Waste in Tanks
(a) The following requirements apply to SQGs that accumulate hazardous waste in tanks for
less than 180 days (or 270 days if the waste is shipped over 200 miles), and do not
accumulate over 6,000 kg on-site at any time.
(b) Generators must comply with the following general operating requirements:
(2) Hazardous wastes must not be placed in a tank if they could cause it to fail before
the end of its intended life;
(3) Uncovered tanks must have at least 60 centimeters of freeboard unless provisions
are made to otherwise contain at least the volume of the top 60 centimeters; and
(4) On tanks with a continuous feed, the tank must be equipped with a means to stop
this inflow.
(c) Generators must inspect:
(1) Discharge control equipment at least once each operating day;
(2) Data from monitoring equipment at least once each operating day;
(3) The level of waste in the tank at least once each operating day;
(4) The construction materials of the tank at least weekly; and
(5) The construction materials of the discharge confinement structures and the area
immediately surrounding each of them at least weekly.
(d) Upon closure of the facility, SQGs must remove all hazardous waste from tanks, discharge
control equipment, and discharge confinement structures.
(e) Generators must comply with requirements for ignitable or reactive waste.
(1) Generators must comply with above requirements for incompatible wastes.
See page III-296 for discussion of §268.7 requirements for generators treating waste
in storage tanks or containers.
Ill-120
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
III-121
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart K - Surface Impoundments
§265.221 Design Requirements
(a) The owner/operator of a surface impoundment must install two or more liners and a
leachate collection system for each new unit, replacement unit, or lateral expansion.
(b) The owner/operator of each unit must notify the Regional Administrator at least sixty days
prior to receiving waste.
(c) If the owner/operator demonstrates that alternative design and operating practices, together
with location characteristics, will prevent the migration of any hazardous constituent into,
the ground water or surface water at least as effectively as liners and leachate collection
systems, the requirements for such may be waived.
(d) The double liner requirement may be waived for any monofill if:
0) The monofill contains wastes from foundry furnace emission controls or metal
casting molding sand, and are not EP toxic; and
(2) The monofill has at least one liner and
(A) There is no evidence the liner is leaking;
(B) The monofill is located more than one-quarter mile from an underground
source of drinking water; and
(C) The monofill is in compliance with groundwater monitoring requirements.
§265.222 Genera] Operating Requirements
(a) A-surface Impoundment must have enough freeboard to prevent any overtopping of the dike
by overfilling, wave action, or a storm.
(b) A freeboard level less than 60 centimeters may be maintained if the owner/operator obtains
certification by a qualified engineer.
§265.223 Containment System
All earthen dikes must have a protective cover.
§265.225 Waste Analysis and Trial Tests
Additional waste analyses are required when a surface impoundment is used to:
(1) Chemically treat a hazardous waste which is different from waste treated previously;
(2) Chemically treat hazardous waste with a different process from that used previously.
Ill-122
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart K - Surface Impoundments (continued)
§265.226 Inspections
(a) The owner/operator must inspect:
(1) The freeboard level at least once each operating day, and
(2) The surface impoundment at least once a week to detect any leaks, deterioration, or
failures in the impoundment.
§265.228 Closure and Post-Closure Care
(a) At closure, the owner/operator must:
0) Remove or decontaminate all waste residues, contaminated containment system
components, contaminated subsoils, and structures and equipment, and manage them
as hazardous waste; or
(2) Close the impoundment and provide post-closure care for a landfill under Subpart G
and §265.310, including the following steps:
(i) Eliminate free liquids:
(ii) Stabilize remaining wastes; and
(iii) Cover the surface impoundment with a final cover.
(b) In addition to the requirements of Subpart C, and §265.310, during the post-closure care
period, the owner/operator of a surface impoundment with waste remaining after closure
must:
(1) v Maintain the integrity and effectiveness of the final cover;
(2) Maintain and monitor a leak detection system;
(3) Maintain and monitor the groundwater monitoring system; and
(4) Prevent run-on and run-off from damaging the final cover.
§265.229 Special Requirements for Ignitable or Reactive Wastes
Ignitable or reactive waste must not be placed in a surface impoundment unless the waste
and impoundment satisfy all applicable requirements of LDR and:
(a) The waste is treated so that the resulting waste mixture no longer meets the definition of
ignitable or reactive waste and §265.17(b) is complied with; or
(b) (1) The waste is managed so that it is protected from any conditions which may cause it
to ignite or react and maintain and monitor the leak detection systems; cr
(2) The owner/operator obtains a certification that the design features or operating
plans of the facility will prevent ignition or reaction; or
(c) The surface impoundment is used solely for emergencies.
§265.230 Special Requirements for Incompatible Wastes
(a) Incompatible wastes must not be placed in the same surface impoundments.
III-124
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely.forguidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
III-125
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutory or
. regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart L - Waste Piles
§265.251 Protection from Wind
The owner/operator must cover the waste pile or control wind dispersion.
§265.252 Waste Analysis
The owner/operator must analyze a representative sample of waste from each incoming
movement unless the wastes the facility receives which are amenable to piling are compatible.
§265.253 Containment
If leachate or run-off from a pile is a hazardous waste, then either:
(a)(1) The pile must be placed on a compatible impermeable base;
(2) The owner/operator must design, construct, operate, and maintain a run-on control
system capable of preventing flow onto the active portion of the pile during peak
discharge from at least a 25-year storm;
(3) The owner/operator must design, construct, operate, and maintain a run-off
management system to collect the water volume resulting from a 24-hour, 25-year
storm; and
(4) Collection and holding facilities must be emptied promptly; or
(b)(1) The pile must be protected from precipitation and run-on by some other means; and
(2) No liquids or wastes containing free liquids may be placed in the pile.
§265.254 Design Requirements
The owner/operator of a waste pile is subject to the requirements for liners and leachate
collection systems with respect to each new unit, replacement of unit, or lateral expansion.
§265.256 Special Requirements for Ignitable or Reactive Wastes
(a) Ignitable or reactive wastes must not be placed in a pile unless the waste and pile satisfy all
applicable LDR requirements and:
(1) Addition of the waste to an existing pile
(i) Results in the waste Or mixture no longer meeting the definition of ignitable
or reactive waste; and
(ii) Complies with §265.17(b); or
(2) The waste is managed in such a way that it is protected from any material or
conditions which may cause it to ignite or react.
Ill 126
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatoiy requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart L, Sections 265.251 through 265.257
Kev Considerations:
• What is the impermeability of the waste pile base and is it compatible with the waste?
• Is the run-off management system adequate?
• Are the evaluation and disposal method for contaminated runoff adequate?
• Do replacement units or lateral expansions have the required liners and a leachate
collection system?
• Is the method used to control wind dispersion (usually a tarp or location inside a structure)
adequate?
Placement of wastes in a waste pile meets the definition of land
disposal under §268.2(c). Therefore, no hazardous wastes
which are subject to LDR may be placed in a waste pile unless
they meet treatment standards in Part 268, Subpart D.
Ill-127
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered byanystatement{s) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart L - Waste Piles (continued)
§265.257 Special Requirements for Incompatible Wastes
(a) Incompatible wastes must not be placed in the same pile unless §265.17(b) is complied with
(i.e., the wastes do not give off heat, vapors, fumes, etc.).
(b) A pile of hazardous waste that is incompatible with any waste or other material must be
separated from the other materials, or protected from them by means of a dike, berm, or
other device.
(c) Incompatible hazardous waste must not be piled on the same area unless that area has been
decontaminated sufficiently.
§265.258 Closure and Post-Closure Care
(a) At closure, the owner/operator must remove or decontaminate all waste residues,
contaminated containment system components, contaminated subsoils, and structures and
equipment contaminated with waste and leachate, and manage them as hazardous waste.
(b) If the owner/operator finds that not all contaminated subsoils, structures, and equipment
can be practicably removed or decontaminated, he must close the facility and perform post-
closure care in accordance with the closure and post-closure requirements that apply to
landfills.
Ill-128
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutoiy or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
Ill-129
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart M - Land Treatment
§265.272 General Operating Requirements
(a) Hazardous waste must not be placed in or on a land treatment facility unless the waste can
be made less hazardous or non-hazardous by degradation, transformation, or immobilization
processes occurring in or on the soil.
(b) The owner/operator must design, construct, operate, and maintain a run-on control system
capable of preventing flow onto the active portions of the facility during peak discharge from
at least a 25-year storm.
(c) The owner/operator must design, construct, operate, and maintain a runoff management
system capable of collecting and controlling a water volume at least equivalent to a 24-hour,
25-year storm.
(d) Collection and holding facilities must be emptied or otherwise expeditiously managed after
storms.
(e) If the treatment zone contains matter subject to wind dispersal, the owner/operator must
control wind dispersal.
§265.273 Waste Analysis
In addition to the waste analyses required by §265.13, before treating a hazardous waste in
a land treatment facility, the owner/operator must:
(a) Determine the concentrations in the waste of any substances which exceed the maximum
concentrations of constituents that cause a waste to exhibit the EP toxicity characteristic;
(b) For any waste listed, determine the concentrations of any substances which caused the
waste to be listed as a hazardous waste: and
(c) If food chain crops are grown, determine the concentrations in the waste of arsenic,
cadmium, lead, and mercury unless the owner/operator has written, documented data that
show that the constituent Is not present.
§265.276 Food Chain Crops
(a) An owner/operator of a land treatment facility on which food chain crops are being grown,
or have been or will be grown, must notify the Regional Administrator within 60 days.
(b)(1) Food chain crops must not be grown on the treated area of a land treatment facility unless
the owner/operator can demonstrate based on field testing, that any arsenic, lead,
mercury, or other constituents identified:
(i) Will not be transferred to the food portion of the crop;
(ii) Will not occur in greater concentrations in crops grown on the land treatment
facility than in the same crops grown on untreated soils.
III-130
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart M, Sections 265.272 through 265.282
Kev Considerations:
• Is the run off management system adequate?
• Is the evaluation and disposal method of contaminated runoff adequate?
• Does the waste analysis plan include procedures to evaluate all substances for which the
applied waste was listed or is TCLP toxic?
• What is the type of cover crop being grown, particularly on closed units? Could it be, or is it
already being, used as a food chain crop?
While inspecting a land treatment unit, also consider the following:
• Land treatment facilities operating under interim status may submit existing operating
data as part of the Land Treatment Demonstration required under the Part 264 permitting
process; however, they cannot apply any new waste as part of the demonstration under
interim status without obtaining a short-term or two-phase permit.
• Some practices such as discharge into a septic field may qualify as land treatment
• Placement of wastes in a land treatment unit meets the definition of land disposal under
§268.2(c). Therefore, no hazardous wastes subject to LDR may be placed in a land
treatment unit unless they already meet treatment standards.
The inspector should refer to the "Permit Guidance Manual on Hazardous Waste Land
Treatment Demonstrations."
i
III-131
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart M - Land Treatment (continued)
§265.278 Unsaturated Zone Monitoring
(a) The owner/operator must have in writing, and must implement, an unsaturated zone
monitoring plan which is designed to:
(1) Detect the vertical migration of hazardous waste constituents under the active portion
of the land treatment facility, and
(2) Provide information on the background concentrations of the hazardous waste
constituents in untreated soils nearby;
(b) The unsaturated zone monitoring plan must include:
(1) Soil monitoring using soil cores; and
(2) Soil-pore water monitoring using devices such as lysimeters.
§265.279 Recordkeeping
The operating record must include waste application dates and rates.
§265.280 Closure and Post-Closure Care
(a) In the closure plan and the post-closure plan, the owner/operator must address the following
objectives:
Q) Control of the migration of hazardous constituents from the treated area into ground
water:
(2) Control of the release of contaminated run-off from entering surface water;
(3) Control of the release of airborne particulate contaminants caused by wind erosion;
and
(4) The growth of food-chain crops.
(b) The owner/operator must consider at least the following for closure and post-closure care:
(1) Type and amount of hazardous waste and constituents applied;
(2) The mobility and the expected rate of migration;
(3) Site location, topography, and surrounding land use;
(4) Climate:
(5) Geological and soil profiles and surface and subsurface hydrology and soil
characteristics;
(6) Unsaturated zone monitoring;
(7) Type, concentration, and depth of migration of hazardous waste constituents in the
soil as compared to background.
III-132
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
; regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
Ill-133
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements arein any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart M - Land Treatment (continued)
§265.280 Closure and Post-Closure Care (continued)
(c) The owner/operator must consider:
(1) Removal of contaminated soils;
(2) Placement of a final cover: and
(3) Monitoring of ground water.
(d) During the closure period, the owner/operator of a land treatment facility must:
(1) Continue unsaturated zone monitoring specified in the closure plan;
(2) Maintain the run-on control;
(3) Maintain the run-off management system; and
(4) Control wind dispersal.
(e) When closure is completed, the owner/operator must submit to the Regional Administrator
certification from the owner/operator and an independent qualified soil scientist.
(f) During post-closure care, the owner/operator of a land treatment unit must:
(1) Continue soU-core monitoring;
(2) Restrict access to the unit;
(3) Assure that growth of food chain crops complies; and
(4) Control wind dispersal of hazardous waste.
§265.281 Special Requirements for Ignitable or Reactive Wastes
An owner/operator must not apply ignitable or reactive waste to the treatment zone unless
the waste and treatment zone meet all applicable LDR requirements, and:
(a) The waste is immediately incorporated into the soil so that the resulting mixture no longer
is ignitable or reactive; and
(b) Section 264.17(b) is complied with; or the waste is managed such that it is protected from
any material or conditions which may cause it to ignite or react.
§265.282 Special Requirements for Incompatible Wastes
Incompatible wastes must not be placed in the same land treatment area unless heat,
vapors, or fumes are not generated.
Ill 134
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended.solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
-------
OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
Ill-135
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart N - Landfills
§265. 301 Design Requirements
(a) The owner/operator of a landfill must install two or more liners and leachate collection
systems above and between such liners for each new unit, replacement unit, or lateral
expansion.
(b) . The owner/operator of each unit must notify the Regional Administrator at least sixty days
prior to receiving waste.
(c) The owner/operator may demonstrate that alternative design and operating practices,
together with location characteristics, will prevent the migration of any hazardous constituent
into the ground water or surface water at least as effectively as liners and leachate collection
systems and the requirements may be waived.
(d) The double liner requirement may be waived for any monofill, if:
(lj The monofill contains only hazardous wastes from foundry furnace emission
controls or metal casting molding sand, and is not hazardous for reasons other
than the EP toxicity characteristic.
(2) (i) (A) The monofill has at least one liner for which there is no evidence of leaking;
(B) The monofill is located more than one-quarter mile from a drinking source well;
and
(C) The monofill complies with ground water monitoring requirements for permitted
facilities; or
(2)(ii) The owner/operator demonstrates that the monofill is located, designed, and
operated so that no migration will occur in the future.
§265.301 General Operating Requirements
(a) The owner/operator must design, construct, operate, and maintain a run-on control system
capable of preventing flow onto the active portion of the landfill during peak discharge from at
least a. 25-year storm.
(b) The owner/operator must design, construct, operate, and maintain a run-off management
system to collect and control volume from a 24-hour, 25-year storm.
(c) Collection and holding facilities must be emptied expeditiously.
(d) The owner/operator of a landfill subject to wind must control wind dispersal.
III-136
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are ln any way altered by any statement(s) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart N, Sections 265.301 through 265.316
Key Considerations:
• Is the map providing the location and cell dimensions, and the contents of each cell,
adequate?
• Is the evaluation and disposal method of contaminated runoff adequate?
• What is the integrity of the final cover during the post-closure period?
• Is the maintenance of the groundwater monitoring system adequate?
While inspecting a landfill, remember that any replacement or lateral expansion of a unit
requires two or more liners and a leachate collection system plus the filing of a Part B application
(or the attainment of a waiver).
Section 3004 of RCRA requires that certain landfills meet
minimum technological requirements (MTRs), including
double liners and a leachate collection system, within four
years of being subject to regulation. Part 268 has given
additional importance to the "min-tech" requirements but
does allow non-MTR impoundments four years to retrofit
even if they receive wastes subject to a national capacity
variance or a case-by-case extension.
Ill-137
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart N - Landfills (continued)
§265.309 Surveying and Recordkeeping
The owner/operator of a landfill must maintain the following in the operating record:
(a) A map of the exact location, dimensions, and depth of each cell; and
(b) The contents of each cell and the location of each hazardous waste type within each cell.
§265.310 Closure and Post-Closure Care
(a) At final closure of the landfill or of any cell, the owner/operator must cover the landfill or
cell with a final cover designed and constructed to:
(1) Provide long-term minimization of migration of liquids through the closed landfill;
(2) Function with minimum maintenance;
(3) Promote drainage and minimize erosion;
(4) Accommodate settling and subsidence; and
(5) Have a permeability less than or equal to the permeability of any bottom liner.
(b) After final closure, the owner/operator must comply with all post-closure requirements:
(1) Maintain the integrity and effectiveness of the final cover;
(2) Maintain and monitor the leak detection system;
(3) Maintain and monitor the groundwater monitoring system;
(4) Prevent run-on and run-off from damaging the final cover; and
(5) Protect and maintain surveyed benchmarks.
§265.312 Special Requirements for Ignitable or Reactive Wastes
(a) Ignitable or reactive waste must not be placed in a landfill, unless the waste is treated so
that the resulting mixture is no longer ignitable or reactive, §265.17(b) is complied with, and
the landfill meets all applicable LDR requirements; and
(b) Except for prohibited wastes which remain subject to treatment standards in LDR, ignitable
wastes in containers may be placed in a landfill provided that the wastes are disposed of in
such a way that they are protected from any material or conditions which may cause them
to ignite.
Ill-138
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Subpart N - Landfills (continued)
§265.313 Special Requirements for Incompatible Wastes
Incompatible wastes must not be placed in the same landfill cell.
§265.314 Special Requirements for Bulk and Containerized Liquids
(b) The placement of bulk or non-containerized liquid hazardous waste or hazardous waste
containing free liquids is prohibited.
(c) Containers holding free liquids must not be placed in a landfill unless:
0) All free-standing liquid has been removed; or
(2) The container is very small; or
(3) The container is designed to hold free liquids; or
(4) The container is a lab pack.
(d) To demonstrate the absence of free liquids, the Paint Filter Liquids Test must be used.
§265.315 Special Requirements for Containers
Unless they are very small, containers must be either
(a) At least 90 percent full; or
(b) Crushed, shredded, or similarly reduced in volume.
§265.316 Disposal of Small Containers of Hazardous Waste in Overpack Drums
Small containers of hazardous waste in overpacked drums (lab pack) may be placed in a
"landfill if:
(a) The hazardous waste is packaged in non-leaking inside containers;
(b) The inside containers are overpacked in an open head DOT-specification metal shipping
container;
(c) The absorbent material used is not capable of reacting dangerously with, being decomposed
by, or being ignited by, the contents;
(d) Incompatible wastes are not placed in the same outside container;
(e) Reactive wastes are treated or rendered non-reactive in accordance with the provisions in
this paragraph: and
(0 Disposal is undertaken in compliance with LDR requirements.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Subpart O - Incineration
§265.341 Waste Analysis
The owner/operator must analyze any waste not previously burned to enable him to
establish steady state operating conditions and to determine the type of pollutants which might be
emitted. The analysis must determine:
(a) The heating value of the water;
(b) The halogen content and sulfur content in the waste; and
(c) The concentrations of lead and mercury in the waste unless the owner/operator has written,
documented data that show the element is not present.
§265.345 General Operating Requirements
During start-up and shut-down of an incinerator, the owner/operator must not feed
hazardous waste unless the incinerator is at steady state conditions of operation.
§265.347 Monitoring and Inspections
The owner/operator must conduct the following monitoring and inspections when
incinerating hazardous waste:
(a) Existing instruments which relate to combustion and emission control must be monitored at
least every 15 minutes. Appropriate adjustments or corrections must be made immediately
as needed.
(b) The complete incinerator and associated equipment must be inspected for leaks, spills,
fugitive emissions and proper operation of emergency equipment at least daily.
§265.351 Closure
At closure, the owner/operator must remove all hazardous waste and hazardous waste
residues from the incinerator.
§265.352 Interim Status Incinerators Burning Particular Hazardous Wastes
(a) Interim status incinerators may burn the dioxin bearing wastes F020, F021, F022, F023,
F024, F026, or F027. only if they receive certification and meet performance standards.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any Statement(s) contained herein.
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Inspection Procedures - Subpart O, Sections 265.341 through 265.352
While inspecting an incinerator, check the following:
• Waste types, particularly dioxin-containing wastes
• Feed rates and operating conditions
• Ash handling and ultimate disposal
>See Appendix IV for incinerator checklist.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Subpart P - Thermal Treatment
§265.373 General Operating Requirements
Before adding hazardous waste, the owner/operator must bring his thermal treatment
process to steady state conditions.
§265.375 Waste Analysis
The owner/operator must sufficiently analyze any waste which he has not previously treated
to enable him to establish steady state operating conditions. The analysis must determine:
(a) The heating value of the waste; (b) The halogen content and sulfur content in the
waste; and (c) The concentrations of lead and mercury in the waste.
§265.377 Monitoring and Inspections
The owner/operator must conduct the following monitoring and inspections:
0) Existing instruments which relate to temperature and emission control must be
monitored at least every 15 minutes;
(2) The stack plume must be observed visually at least hourly for normal appearance; and
(3), The complete thermal treatment process and associated equipment must be inspected at
least daily.
§265.381 Closure
At closure; the owner/operator must remove all hazardous waste and hazardous waste
residue from thermal treatment process or equipment.
§265.382 Open Burning; Waste Explosives
Open burning of hazardous waste is prohibited except for the open burning and detonation
of waste explosives.
§265.383 Interim Status Thermal Treatment Devices Burning Particular Hazardous
Wastes
Interim status thermal treatment devices may burn dioxin-bearing wastes only if they
receive certification and meet performance standards.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Inspection Procedures - Subpart P, Sections 265.373 through 265.383
While inspecting a thermal treatment unit, check the following:
• Waste types being treated
• Operating conditions
• Residue handling and ultimate disposal
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance.
regulatory requirements are in any way altered by any statements) contained herein.
No statutory or
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Subpart Q - Chemical, Physical and Biological Treatment
§265.400 Applicability
The following regulations apply to units which treat hazardous wastes by chemical, physical
or biological methods, other than tanks, surface impoundments and land treatment. Treatment in
tanks, surface impoundments and land treatment units are covered in Subparts J, K and M
respectively.
§265.401 General Operating Requirements
(a) Chemical, physical, or biological treatment of hazardous waste must not generate heat,
fumes, or vapors.
(b) Hazardous wastes or treatment reagents must not be placed in the treatment process or
equipment if they could cause the treatment process to fail before the end of its intended
life.
(c) Where hazardous waste is continuously fed into a treatment process, the process must be
equipped with a means to stop this inflow.
§265.402 Waste Analysis and Trial Tests
. Additional analysis is required whenever:
(1) A hazardous waste is substantially different from waste previously treated; or
(2) A substantially different process is to be used. The additional analysis consists of:
(i) Conducting waste analyses and trial treatment tests; and
(ii) Obtaining written, documented, information on similar treatment experience.
§265.403 Inspections
(a) The owner/operator of a treatment facility must inspect:
(1) Discharge control and safety equipment at least once each operating day;
(2) Data gathered from monitoring equipment at least once each operating day;
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Inspection Procedures - Subpart Q, Sections 265.400 through 265.406
While inspecting a chemical, physical or biological treatment unit, check the following:
• Waste types being treated
• Operating conditions
• Residue handling and ultimate disposal
• Whether other emissions such as gases, vapors, or mists, or any odor causing substances,
are present
• Records that show whether the treatment is working
Remember: treatment in tanks, surface impoundments and land treatment units is not
covered by Subpart Q. Shredders, carbon regenerators, and air strippers are among the items
covered by Subpart Q.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. Thls_manual is intended solely for guidance. No statutory or
regulatoiy requirements are in any way altered by any statements) contained herein.
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Subpart Q - Chemical, Physical and Biological Treatment (continued)
§265.403 Inspections (continued)
(3) The construction materials of the treatment process or equipment, at least weekly;
and
(4) The construction materials of the area immediately surrounding discharge
confinement structures at least weekly.
§265.404 Closure
At closure, all hazardous waste and hazardous waste residues must be removed from
treatment processes or equipment.
§265.405 Special Requirements for Ignitable or Reactive Wastes
(a) Ignitable or reactive waste must not be placed in a treatment process unless the waste is
treated so that the resulting mixture is no longer ignitable or reactive.
§265.406 Special Requirements for Incompatible Wastes
(a) Incompatible wastes must not be placed in the same treatment process.
(b) Hazardous waste must not be placed in unwashed treatment equipment which previously
held an incompatible waste.
Ill-148
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are in any way altered by any statements) contained herein.
No statutory or
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely For guidance. No statutory or
regulatory requirements are in any-way alteredby any statements) contained herein.
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Drip Pads
§265.440 Applicability
(a) The requirements of Subpart W apply to the owners/operators of facilities that use
new or existing drip pads to convey treated wood drippage, precipitation, and/or
surface water runoff to an associated system.
Existing drip pads are those constructed before December 6,1990, and those
forwhich the owner/operator has a design and has entered into binding
financial or other agreements for construction prior to December 6, 1990.
All other drip pads Eire new drip pads.
(c) The Subpart W drip pad requirements are not applicable to the management of
infrequent and incidental drippage in storage yarcis provided that:
(1) The owner/operator maintains a contingency plan that describes how the
owner/operator will immediately respond to the discharge of drippage in the
storage yard.
§265.441 Assessment of Existing Drip Pad Integrity
(a) For each existing drip pad, as defined in §265.440(a), the owner/operator must
evaluate the drip pad and maintain a written assessment certifying that it meets
Subpart W standards, except for liners and leak detectors. The assessment must be
certified by an independent, qualified registered professional engineer, and be
updated and recertified annually.
(b) The owner/operator must develop a written plan for upgrading, repairing, or
modifying the drip pad to meet the liner and leak detector requirements, and submit
the plan to the Regional Administrator no later than two years before such changes
will be complete. The upgrade plan must describe all changes to be made to the drip
pad in sufficient detail to document compliance with the requirements of §265.443.
An independent qualified registered professional engineer must review and certify
the plan.
(c) When upgrades, repairs, or modifications are complete, the owner/operator must
submit to the Regional Administrator the as-built drawings for the drip pad, plus a
certification by an independent, qualified registered professional engineer that the
drip pad conforms to the drawings.
(d) If the drip pad is found to be leaking or unfit for use, the owner/operator must either
repair it pursuant to §265.443(m) or close it pursuant to §265.445.
§265.442 Design and Installation of New Drip Pads
Owners/operators must ensure that new drip pads are designed, operated, inspected, and
closed with the standards below.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Inspection Procedures * Subpart W, Sections 265.441 through 265.445
Kev Considerations:
• Does the drip pad appear to be free of cracks, gaps, corrosion, or other signs of defect?
• If a leak detector is required, is it functioning properly?
• Are run-on and run-off control systems in place? If there has been a storm recently, have
the collection systems been emptied?
• Have wood drippage and accumulated precipitation been removed from the collection system
so that no overflow occurs?
• Did wood remain over the drip pad until drippage had ceased? Examine the storage area for
wood which is no longer over the drip pad. Infrequent and incidental drippage may still
occur due to the effects of weather, type of wood, or type of preservative. Was the
contingency plan and operating log for storage yard inspections reviewed?
• Is there documentation of weekly inspections of the drip pad?
• Is there a cleaning log book? Is the cleaning of the drip pad documented?
• Does the facility have a contingent post-closure plan in case the drip pad cannot be clean-
closed?
• Is the pad designed properly?
• If closed, have all wastes been removed and all equipment decontaminated?
• Subpart W gives owners/opierators the option of installing either a coating and sealer which
have a permeability of less than or equal to 1 x 10~7 centimeters per second or a liner and
leak detection with leak collection system, but they are not required to install both on the
same pad.
Subpart W drip pad standards apply to drip pads used to manage preservative drippage,
that meets a hazardous waste characteristic or the F032, F034, or F035 listing descriptions.
Remember:
Review the facility's files for:
• An engineer-certified written assessment documenting that the drip pad meets Subpart W
standards;
• A written plan for meeting liner and leak detector and collection requirements (or check
files at the Regional Office);
• Contingency plan for storage yard drippage if applicable.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s) contained herein.
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Drip Pads (continued)
§265.443 Design and Operating Requirements
(a) Drip pads must:
(1) Be constructed of non-earthen materials, excluding wood and non-
structurally-supported asphalt.
(2) Be sloped to free-drain wood drippage, rain, or other solutions to a collection
system.
(3) Have a curb or berm around the perimeter.
(4) Have a sealer/coating which has a permeability of equal to or less than
1 x 10-7 cm/s—for example, existing concrete pads must be sealed, coated, or
covered so that the entire surface area that contacts wood drippage (or
drippage plus rainwater) is contained and routed to an associated collection
system. The requirements of this provision apply only to existing drip pads
and those drip pads for which the owner/operator elects to comply with
§265.442(a) instead of §265.442(b).
(5) Be structurally strong and thick enough to prevent failure due to physical
contact, climatic conditions, and daily operations (e.g. vehicle traffic, wood
movement, etc.). Industry standards from groups such as the American
Concrete Institute (ACI) or the American Society of Testing and Materials
(ASTM) will generally be considered applicable.
(b) If an owner/operator elects to comply with §265.442(b) instead of §265.442(a), the
drip pads must have the following liner and leak detector equipment:
(1) A synthetic liner that will prevent leakage during the active life of the unit
(including the closure period). The liner must not absorb waste and must:
(i) Be constructed of material that is strong and thick enough to prevent failure
due to pressure gradients (including static head and external hydrogeologic
forces), contact with the waste, climatic conditions, installation stress, and
daily operation (Including vehicular traffic on the drip pad);
(ii) Be placed upon a foundation or base which can support the liner and resist
vertical pressure gradients from settlement, compression, or uplift; and
(iii) Cover all earth that could contact waste or leakage.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s) contained herein.
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Inspection Procedures - Subpart W, Sections 265.441 through 265.445
(continued)
• If a liner and leak detector and collection system is in place, as-built drawings for the drip
pad plus an engineer's certification that the pad conforms to the drawings (or check files at
the Regional Office);
• An engineer's statement that the drip pad meets the requirements of §265.441 (a)through(f);
and
Notifications of discovery, and certifications of remedy, of any hazardous waste releases
caused by the drip pad (or check files at the Regional Office).
Review the operating log for:
• Documentation that the pad has been cleaned in such a manner and with such frequency
that accumulated residues are removed and managed in a manner that allows for weekly
inspections;
• Documentation that all treated waste is held on the driD Dad following treatment;
• Records of discovery of any hazardous waste release from the drip pad;
• A record of past operating and waste-handling practices, including type of preservative
used;
• If a liner and leak detector system is in place, an engineer's certification of inspection of
materials prior to installation; and
• Documentation for inspection and cleanup of any incidental drippage within the storage
yard. Retention period for this documentation is 3 years minimum.
Also see the following applicable regulations:
260.10—Definitions
261.4(a)(9) and (b)(9)—Exclusions
261.31—Listing descriptions
261.35—Deletion of F032 listing following equipment cleaning and replacement
262.34—Accumulation time
265.190—Subpart J (sump requirements)
270.22—Permitting
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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j
Drip Pads (continued)
§265.443 Design and Operating Requirements (continued)
(2) A leak detection system immediately above the liner. This system must:
(i) Be constructed of material which can chemically resist the waste and
physically resist pressure from above; and
(ii) Be designed to detect drip pad failure or the release of hazardous waste or
accumulated liquid at the earliest practicable time.
(3) A leak collection system immediately above the liner that is designed and
maintained to collect leakage from the drip pad such that the leakage can be
removed from below the drip pad. Records must be maintained in the operating log
regarding the date, time, and quantity of any leakage collected in and removed from
this system.
(c) Drip pads must be maintained free of cracks, gaps, corrosion, or other deterioration
that could cause a hazardous waste release.
(d) The drip pad and collection system must be able to convey, drain, and collect liquid
from drippage and precipitation.
(e) Unless enclosed as described in §265.440(b), a run-on control system must be able to
prevent flow onto the drip pad during a 24-hour, 25-year storm (unless the system
has enough excess capacity to handle such volume).
(f) Unless enclosed as described in §265.440(b), a run-off control system must be able to
collect and control the volume of water from a 24-hour, 25-year storm.
(g) The owner/operator must obtain a statement from an independent, qualified
registered professional engineer certifying that the drip pad meets the requirements
of (a) through (f) above.
(h) Drippage and accumulated precipitation must be removed from the collection system
as necessary to prevent overflow onto the drip pad.
(i) The drip pad surface must be appropriately cleaned (e.g. by rinsing, using
detergents or other solvents, or steam cleaning) such that the pad can be inspected
as frequently and in such a manner as needed. This cleaning must be documented
in the facility's operating log.
(j) Operating practices must minimize personnel or equipment tracking hazardous
waste or its constituents off the drip pad.
(k) After treatment, wood must remain over the drip pad until drippage has ceased.
Records must be maintained to document compliance with this requirement.
Ill-154
FOR USE BY EPA INSPECTION PERSONNEL ONLY: This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Drip Pads (continued)
§265.443 Design and Operating Requirements (continued)
(1) Collection systems and holding units for run-on and run-off control must be emptied
or otherwise managed after storms.
'm) Throughout the active life of the drip pad, any conditions which cause or caused a
release of hazardous waste must be remedied as follows:
(1) Upon detection of such a situation, the owner/operator must:
(i) Immediately record the discovery in the facility operating log;
(ii) Remove from service the affected portion of the drip pad;
(iii) Determine what repairs must be done, remove any leakage from
below the pad, and establish a schedule for clean up and repairs;
(iv) Within 24 hours after discovery, notify the Regional Administrator
and, within 10 working days, provide written notice with the .
description of repair and clean up steps planned.
(2) The Regional Administrator will review the information submitted, decide
whether the pad must be completely or partially shut down until repairs
are complete, and notify the owner/operator in writing of his decision and
rationale.
(3) Upon completion of repairs and clean up, the owner/operator must submit
to the Regional Administrator a certification signed by an independent,
qualified registered professional engineer that the plans previously
submitted have been carried out.
(n) The owner/operator must maintain in the facility operating log a record of past
operating and waste-handling practices, including type of preservative used,
drippage practices, and wood storage and handling practices.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance.
regulatory requirements are In any way altered by any statements) contained herein.
No statutory or
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Drip Pads (continued)
§265.444 Inspections
(a) Before installation, liners and cover systems must be inspected for defects.
Immediately after installation, an independent, qualified registered professional
engineer must inspect liners and certify that they meet §265.443 standards. This
certification must be maintained in the facility operating log.
(b) Drip pads in operation must be inspected weekly and after storms for:
(1) Deterioration, malfunctions, or improper operation of run-on and run-off
control systems;
(2) Presence of leakage in and proper functioning of the leakage detection
system: and '
(3) Deterioration or cracking of the drip pad surface.
§265.445 Closure
(a) At closure, the owner/operator must remove or decontaminate all contaminated
waste residues, containment system components, contaminated subsoils, structures,
and equipment, and manage them as hazardous waste.
(b) If it is impossible or Unpractical to remove all contaminated subsoils, the unit must
be closed as a landfill.
(c) (1) An "existing" drip pad (defined in §265.440) that does not comply with the
liner requirements of §265.443(b)(l) must:
(i) Include in the closure plan under §265.112 apian for complying with
paragraph (a) above and a contingent plan for complying with
paragraph (b) above; and
(ii) Prepare a contingent post-closure plan under §265.118 in case the
pad must be closed according to closure and post-closure landfill
requirements of §265.310.
(2) Financial assurance cost estimates for closure and post-closure under
§§265.112 and 265.144 must include the cost of complying with the
contingent closure and contingent post-closure plans should the unit have
to be closed as a landfill, but need not include the cost of expected closure
under paragraph (a) above.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
. regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Air Emissions from Process Vents
§265.1030 Applicability
(a) Subpart AA regulations apply to owners/operators of facilities that treat, store, or
dispose of hazardous wastes (unless exempted in §265.1).
(b) Subpart AA regulations apply to process vents associated with six specific
operations: distillation, fractionation, thin-film evaporation, solvent extraction or
air or steam stripping. Subpart AA regulations apply only to vents associated with
units which are 1) subject to permitting and 2) hazardous waste recycling units
(which may be otherwise exempt) which are located at facilities subject to
permitting-
Substantive requirements apply only if the units manage hazardous wastes with an
organic concentration of 10 ppmw or greater (calculated on an annual average
basis). Units managing hazardous waste below the 10 ppmw concentration require
only demonstration to that effect per §265.1034(d) and (e) and recordkeeping per
§265.1035(f).
§265.1032 Standards: Process Vents
(a) The owner/operator of a facility with process vents associated with distillation.
fractionation, thin-film evaporation, solvent extraction or air or steam stripping
operations managing hazardous wastes with organic concentrations of at least 10
ppmw shall either:
(1) For all affected process vents, reduce total organic emissions below 1.4 kg/h
(3 lb/h) AND 2.8 Mg/yr (3.1 tons/yr); or
(2) For all affected process vents, reduce, using a control device, total organic
emissions by 95 weight percent.
(b) If a closed-vent system and control device is used to reduce emissions, it must meet
the standards of §265.1033.
(c) Determinations of vent emissions/reductions by add-on devices may be based on
engineering calculations or performance tests. Performance tests must conform
with §265.1034(c).
(d) Disputes between the owner/operator and the Regional Administrator regarding
emissions levels will be resolved by the methods specified in §265.1034(c).
§265.1033 Standards: Closed-Vent Systems and Control Devices
(a) (1) Owners/operators of closed-vent systems and control devices used to control
organic emissions shall comply with the requirements of this section.
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Inspection Procedures - Subpart AA, Sections 265.1030 through 265.1033
Ask for a list of all affected process vents which are subject to permitting (that is, units with
vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or
steam stripping operations that manage hazardous wastes with organic concentrations of at least 10
ppmw).
Note: Recycling units exempt from TSDF standards under §261.6(c) but located at TSDFs
may be subject to Subpart AA standards.
Records should indicate which units have control devices to reduce organic emissions and
which already meet the §265.1032 standards. For each unit noted as having a control device, check
forthe presence and operation of the device specified.
An owner/operator choosing to use a closed-vent system or control device—but who has not
installed such a device by the date a unit with excessive emissions comes under Subpart AA—
should be following an implementation schedule. Determine to what extent such a schedule has
been followed. The units must be in compliance no later than 18 months after the date they become
subject to Subpart AA.
Several types of control devices may be used. The following questions should be asked:
• Does every enclosed combustion device (such as a vapor incinerator, boiler, or process
heater) that is used to reduce emissions comply with §265.1033(c)?
• uoes every Doner or process neater usea to reduce emissions introduce the vent stream into
the flame combustion zone?
• Does any flare have visible emissions? Do all flares have a flame present? Do all flares meet
§265.1033(d)(3) through (6)?
• Is a flow indicator attached to each vent? Does each indicator record vent flow stream at
least hourly?
• Is any carbon in adsorption systems subject to §265.1033(g) or (h) overdue for replacement?
III-161
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance.
regulatory requirements are in any way altered by any statements) contained herein.
No statutory or
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OSWER Dir. No. 9938.02(b)
Air Emissions from Process Vents (continued)
§265.1033 Standards: Closed-Vent Systems and Control Devices (continued)
(2) The owner/operator of an existing facility who cannot have a closed-vent
system and control device on line by the deadline date for that unit must
prepare an implementation schedule for when it will be installed and
operating. Controls must be installed as soon as possible, but the
implementation schedule may allow up to 18 months after the effective date.
All units beginning operation after December 21, 1990 should comply with
closed-vent standards immediately.
(b) Vapor recovery control devices (e.g., condensers or adsorbers) must be at least 95
weight percent efficient unless the limits in §265.1032(a)(1) can be met at a lower
efficiency.
(c) Enclosed combustion devices (e.g., vapor incinerators, boilers, or process heaters)
must be designed or operated to either:
Reduce organic emissions vented by 95 weight percent or greater;
Reduce organic compound concentration to 20 ppmv (as the sum of actual
compounds, not carbon equivalents) on a dry basis corrected to 3 percent
oxygen;or
Provide a minimum residence time of 0.50 seconds at a minimum
temperature of 760°C.
If a boiler or process heater is used as the control device, the vent stream
must be introduced into the flame combustion zone.
(d) & Flares shall have no visible emissions, as determined by methods set forth in
(e) (e)(1). except for periods of up to five minutes during any 2 consecutive hours.
Flares shall be designed and operated according to the specifications in this
paragraph.
(f) The owner/operator must monitor and inspect each required control device by doing
the following:
(1) Installing and operating a flow indicator that records vent stream flow from
each process venting at least hourly. The sensor should be in the vent
stream at the nearest feasible point to the control device inlet, but before
being combined with other vent streams; and
(2) Installing and operating devices to continuously monitor control equipment
as specified in this section.
(g) An owner/operator using carbon adsorption systems, such as fixed-bed carbon
adsorbers that regenerate the carbon bed directly in the control devices, must
replace the existing carbon at a regular, pre-determined time interval no longer
than the time set forth in §265.1035(b)(4)(iii)(F).
(h) An owner/operator using carbon adsorption systems, such as a carbon canister, that
does not regenerate the carbon bed directly in the control device must replace the
carbon on a regular basis using one of the following procedures:
III-162
FOR USE BY EPA INSPECTION PERSONNEL ONLY.. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any. statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
Ill-163
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Air Emissions from Process Vents (continued)
§265.1033 Standards: Closed-Vent Systems and Control Devices (continued)
(1) Vent stream monitoring, daily or within 20% of established carbon
working capacity life, or
(2) Replacement within the time specified in §265.1035(b)(4)(iii)(G).
(i) An owner/operator using control devices other than thermal vapor incinerators,
catalytic vapor Incinerators, flares, boilers, process heaters, condensers, or carbon
adsorption systems must develop documentation describing the device and
parameters to indicate proper use and maintenance.
0) (1) Closed-vent systems must have no detectable emissions, meaning less than
500 ppm above background and none by visual inspection as determined
by §265.1034(b).
(2) Closed-vent systems must be monitored to verily compliance annually and
when requested by the Regional Administrator, and before the facility
becomes subject to these standards.
(3) Detectable emissions, as defined in (f)(1) above, shall be controlled as soon
as practicable, but not later than 15 calendar days after detection.
(4) A first attempt at repair must be made no later than 5 days after detection.
(k) Closed-vent systems and control devices must be operated any time emissions may
be vented to them.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
III-165
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Air Emissions from Process Vents: Recordkeeping
§265.1035 Recordkeeping Requirements
(a) (1) Owners/operators must keep records as specified below.
(2) Those owners/operators with multiple units subject to air emissions
standards may use one system to track all records as long as units are
specifically identified in each record.
(b) The following must be recorded in the facility's operating record:
(1) For those who do not have controls on-line by the deadline date per
§265.1033(a) (2), an implementation schedule including a rationale as to why
control requirements could not be met on time.
(2) Up-to-date documentation of compliance with vent standards in §265.1032
including:
(i) Identification of all affected vents, their annual throughput and
operating hours, and estimated emission rates; and
(il) Information and data supporting emissions compliance.
(3) For owners/operators who use test data to demonstrate emissions
compliance^ a performance test plan including:
(i) A test strategy for when the unit is at maximum capacity;
(li) A detailed engineering description of the system with specifications;
and
(iii) A detailed description of sampling and monitoring procedures.
(4) Compliance documentation must include the following:
(i) A list of all sources used in preparing documentation;
(il) Records including dates of compliance tests under §265.10330);
(iii) For those using engineering calculations, a design analysis,
drawings, etc: for control devices based on specific acceptable
engineering practices;
(iv) A statement signed and dated by the owner/operator that the
parameters used in the analysis reasonably represent the unit's
conditions at maximum capacity,
(v) A statement signed and dated by the owner/operator or the control
device manufacturer that the system is designed to achieve required
emissions levels; and
(vi) For those using performance tests, all test results.
(c) Specific design documentation and operational information for each system must be
kept up to date in the facility operating record, including:
(1) Description and date of modifications;
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart AA, Section 265.1035
Key Considerations:
• If a closed-vent system or control device is scheduled to be used for compliance but has not
yet been installed, is an implementation schedule in the facility operating record?
• Does the operating record include up-to-date documentation of compliance with vent
standards in §265.1032? Does the documentation include sources used, test/analysis
records, engineering information, and owner/operator statements as specified by
§265.1035(b) (4)?
¦" For owners/operators who use test data to demonstrate emissions compliance, is there a
performance test plan in the facility operating record?
• For each system, is design documentation and operational information kept up to date in the
facility operating record, including all elements listed in §265.1035(c)? Note: parts of this
information need only be kept on file for 3 years.
• Check the monitoring devices to ensure that all operating parameters are met.
• If devices other than thermal vapor incinerators, catalytic vapor incinerators, flares, boilers,
process heaters, condensers, or carbon adsorption systems are used, check the facility
operating record for monitoring and inspection information indicating proper operation and
maintenance.
• Check the facility operating record for analysis or other information related to determining
applicability of Subpart AA. Note that owners/operators with affected vents which do not
fall under emission control standards of §265.1032 must still have up-to-date information
and data to support the fact that they are not subject to standards (see §265.1035(f)).
Ill-167
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are in any way altered by any statements) contained herein.
No statutory or
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OSWER Dir. No. 9938.02(b)
Air Emissions from Process Vents: Recordkeeping (continued)
§265.1035 Recordkeeping Requirements (continued)
(2) Operating parameters and monitoring device description and diagram of
monitoring sensor location or locations used to comply with §265.1033(f)(1)
and (0(2);
(3) Monitoring, operating, and inspection information from §265.1033(f) through
(]):
(4) Date, time, and duration of periods breaking monitored parameters in ways
specified In this paragraph for each type of control device
(5) Explanation for each case described in (c)(3) above;
(6) For carbon adsorption systems with carbon replaced at specific intervals
according to §265.1033(g) or (h)(2), the date when the carton is replaced;
(7) For carbon adsorption systems with carbon replaced when monitoring
indicates breakthrough according to §265.1033(h)(1), a log that records when
the system is monitored, the monitoring device reading, and when the
carbon is replaced; and
(8) Date of control device startup and shutdown.
(d) Records of monitoring, operating, and inspection information required by (c)(3)
through (8) above need only be kept 3 years.
(e) For control devices other than those specified in this paragraph, documentation of
proper operation and maintenance.
(f) Up-to-date information and data used to determine whether or not a process vent is
subject to these air emissions standards.
Ill-168
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
Ill-169
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Air Emissions for Equipment Leaks: Pumps
§265.1050 Applicability
(a) Subpart BB regulations apply to owners/operators of facilities that treat, store, or
dispose of hazardous wastes (unless exempted in §265.1).
(b) Subpart BB regulations apply to equipment, regardless of process, as defined by
§264.1031. Subpart BB regulations apply only to equipment containing or contacted
hazardous wastes managed in units which are 1) subject to permitting and 2)
recycling units (which may be otherwise exempt) which are located at facilities
subject to permitting.
Substantive requirements apply only if the units manage hazardous wastes with an
organic concentration of 10 percent by weight or greater (not an average
calculation). Units managing hazardous waste below the 10 percent concentration
require only recordkeeping to that effect per §265.1064(k).
(c) Each piece of equipment with greater than ten percent organics by weight must be
marked to be readily distinguishable from other equipment.
(d) Equipment in vacuum service, if identified as required in §265.1064(g)(5), Is
excluded from the requirements of §265.1052 to §265.1060.
§265.1052 Pumps in Light Liquid Service
(a) Monitoring and inspections:
(1) Each pump in light liquid service must be monitored monthly for leaks by
Method 21 as specified in §265.1063(b), except as provided In (d), (e), or (f)
below.
(2) Weekly visual Inspections must be made for leaks from the pump seal.
(b) Leaks:
(1) An Instrument reading over 10,000 ppm constitutes a leak.
(2) Indications of dripping from the pump seal constitutes a leak.
(c) Repairs:
(1) Leaks must be repaired as soon as practicable, but not later than 15 calendar
days after detection, unless a delay of repair is allowed under §265.1059.
(2) A first attempt at repair must be made no later than 5 calendar days after detection.
(d) Pumps equipped with dual mechanical seal systems which include a barrier fluid
system are exempt from (a) above provided that:
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidanoe. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart. BB, Sections 265.1050 and 265.1052
Ask for a list of all equipment which is subject to permitting and contains or contacts
hazardous wastes with organic concentrations of at least 10 percent or 100.000 pprriw. Note:
recycling units that are located at TSDFs which are exempt from TSDF standards under §261.6(c)
may still be subject to Subpart BB standards. Check each piece of equipment on the list for a
marking which readily distinguishes it from other equipment.
• Visually inspect each piece of equipment on the list. Does any piece of equipment appear to
be leaking? '
• For pumps required to be monitored monthly (pursuant to §265.1052(a)), ask for
documentation of such monitoring. Also check for records of weekly visual inspections.
• For pumps exempt from monthly monitoring under §265.1052(d), check for a barrier fluid
system with a sensor. If the sensor has an alarm, is it functioning? Has the alarm been
checked weekly? If no alarm is attached, has the sensor been checked daily to be sure it is
functioning?
• Identify from the facility log equipment which has leaked and been repaired previously. Be
sure to inspect this equipment.
Ill-171
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are in any way altered by any statements) contained herein.
No statutoiy or
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OSWER Dir. No. 9938.02(b)
Air Emissions for Equipment Leaks: Pumps (continued)
§265.1052 Pumps in Light Liquid Service (continued)
(1) Each dual mechanical seal system is properly equipped with barrier fluid
and is operated as specified in this paragraph;
(2) The barrier fluid system is not hazardous waste with greater than 10 weight
percent organics;
(3) Each barrier fluid system is equipped with a sensor to detect seal failure
and/or system failure;
(4) Each pump is visually inspected each calendar week for dripping liquids;
(5) Each sensor described in (d)(3) above is checked daily or equipped with an
audible alarm which is checked weekly to be sure it is functioning. The
owner/operator must create a criterion that indicates failure of the seal
system and/or the barrier fluid system, and
(6) Dripping liquids or a positive sensor reading Indicates a leak, which must be
repaired as. soon as practicable but no later than 15 calendar days after
detection, unless a delay of repair is allowed under §265.1059. A first
attempt at repair shall be made no later than 5 calendar days after each leak
is detected.
(e) Any pump designated under §265.1064(g)(2) for no detectable emissions is exempt
from (a),(c),and(d) above if the pump:
(1) Has no externally actuated shaft penetrating the pump housing;
(2) Operates with no detectable emissions as defined in this paragraph; and
(3) Is tested for compliance with (e)(2) above initially, annually, and when
requested by the Regional Administrator.
(f) Any pump with a closed-vent system which captures and transports any leakage
from the seal{s) to a control device per §265.1060 is exempt from (a) through (e)
above.
Ill-172
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement® contained herein.
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
III-173
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual ts intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Air Emissions for Equipment Leaks: Standards
§265.1053 Standards: Compressors
(a) Compressors must have a seal system that includes a barrier fluid system and
prevents organic emissions, unless excepted from this requirement pursuant to (h)
and (i) below.
(b) Compressor seal systems must:
(1) Be operated with the barrier fluid at a pressure that is always greater than
the compressor stuffing box pressure; or
(2) Have a barrier fluid system that is connected by a closed-vent system to a
control device that complies with §265.1060; or
(3) Purge the barrier fluid into a hazardous waste stream with no detectable
emissions to the atmosphere.
(c) The barrier fluid must not be a hazardous waste with organic concentrations 10
weight percent or greater.
(d) v Barrier fluid systems described in (a) through (c) above must have a sensor that
detects seal and/or barrier fluid system failure.
(e) (1) Each sensor used to meet the requirement of (d) above must be checked daily
or have an audible alarm which is checked monthly to be sure it is
functioning. Sensors at unmanned sites must be checked daily.
(2) The owner/operator must create a criterion that indicates failure of the seal
system and/or the barrier fluid system.
(f) Failure of the seal system or the barrier fluid system, according to the criterion set
forth in (e)(2) above, constitutes a leak.
(g) (1) Leaks must be repaired as soon as practicable but no later than 15 calendar
days after detection, unless allowed under §265.1059.
Ill-] 74
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart BB, Sections 265.1053 through 265.1062
• Compressors required to have a seal system (pursuant to §265.1053(a)) should be inspected
for a working barrier fluid system. Check for a working sensor. If the sensor has an alarm,
is it functioning? Has the alarm been checked monthly? If no alarm is attached, has the
sensor been checked daily? If the sensor, with or without an alarm, is at an unmanned site,
has it been checked daily?
• With respect to pressure relief devices in gas/vapor service under §265.1054, Unless
exempted under §265.1054(c), were measurements taken after each release to ensure that
emissions returned below 500 ppm within 5 days?
• Unless in situ, check sampling connection systems to see if a purged hazardous waste
stream would be sent directly to a recycling or disposal system with no detectable emissions.
• Check all open-ended valves for a cap, blind flange, plug, or second valve, unless an
operation is underway requiring a flow through the valve.
• Have all valves subject to §265.1057(a) been monitored according to the relevant schedule
for each valve (specified in §265.1057(c) as depending on its track record)?
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Air Emissions for Equipment Leaks: Standards (continued)
§265.1053 Standards: Compressors (continued)
(2) A first attempt at repair of leaks must be made within 5 calendar days of
detection.
(h) Compressors are exempt from the requirements of (a) and (b) above if equipped with
a closed-vent system which sends leakage to a control device that meets standards of
§265.1060, unless excepted under paragraph (i) below.
(i) Compressors designated under §265.1064(g)(2) for no detectable emissions are
exempt from the requirements of (a) through (h) above if:
(i)(l) A reading indicates emissions less than 500 ppm above background; and
(i)(2) They are tested for compliance with (i)(l) above initially, annually, and when
requested by the Regional Administrator.
§265.1054 Standards: Pressure Relief Devices in Gas/Vapor Service
(a) Except during pressure releases (see (b)(1) below), pressure relief devices must not
have emissions exceeding 500 ppm above background, as measured by §265.1063(c).
(b) After pressure release:
(1) Emissions must be returned below 500 ppm above background as soon as
practicable, but no later than 5 calendar days after the release, unless
excepted in §265.1059.
(2) The pressure relief device must be monitored within 5 calendar days of
release to confirm emissions levels, as measured by the method specified in
§265.1063(c).
(c) Pressure relief devices with a closed-vent system sending leakage to a control device
that meets standards of §265.1060 are exempt from the requirements of (a) and (b)
above.
§265.1055 Standards: Sampling Connecting Systems
(a) Sampling connection systems must have a closed-purge or closed-vent system.
(b) Closed-purge and closed-vent systems required in (a) above must:
(1) Return the purged hazardous waste stream directly to the hazardous waste
management process line with no detectable emissions: or
(2) Collect and recycle the purged hazardous waste stream with no detectable
emissions; or
III 176
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are1 In any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Air Emissions for Equipment Leaks: Standards (continued)
§265.1055 Standards: Sampling Connecting Systems (continued)
(3) Captyre and send all purged hazardous waste to a control device that
complies with §265.1060.
(c) In situ sampling systems are exempt from the requirements of (a) and (b) above.
§265.1056 Standards: Open-ended Valves or Lines
(a) Open-ended valves or lines must have a cap, blind flange, plug, or
second valve which seals the open end, except during operations requiring flow
through the open-ended valve or line.
(b) If a second valve is used, the valve closer to the waste stream must be closed first.
(c) When a double block and bleed system is used, the bleed valve or line may remain
open during operations that require venting the line between block valves, but must
comply with the requirements of (a) above.
§265.1057 Standards: Valves in Gas/Vapor or Light Liquid Service
(a) Valves in gas/vapor or light liquid service must be monitored monthly to detect leaks
pursuant to §265.1063(b) and must comply with the requirements of (b) through (e)
below unless excepted by (0, (g), or (h) below, §265.1061, or §265.1062.
(b) An instrument reading of over 10,000 ppm constitutes a leak.
(c) (1) If a leak is not detected for two successive months, the valve need only be
monitored the first month of every quarter, beginning with the next quarter.
(2) If a leak is detected, the valve must be monitored monthly until it again
does not leak for two successive months.
(d) (1) Leaks must be repaired as soon as practicable, but not later than 15 calendar
days after detection, unless a longer period is allowed under §265.1059.
(2) A first attempt at repair of leaks must be made within 5 calendar days of
detection.
(e) First attempts at repair include such actions as tightening or replacing bonnet bolts,
tightening packing gland nuts, and injecting lubricant into lubricated packing.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
Ill-179
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Air Emissions for Equipment Leaks: Standards (continued)
§265.1057 Standards: Valves in Gas/Vapor or Light Liquid Service (continued)
(f) Valves designated under §265.1064(g)(2) for no detectable emissions are exempt
from the requirements of (a) above if they:
(1) Have no external actuating mechanism in contact with the hazardous
waste stream;
(2) Emit less than 500 ppm above background, as determined by the method
specified in §265.1064(g)(2); and
(3) Are tested for compliance with (f)(2) above initially, annually, and when
requested by the Regional Administrator.
(g) Valves designated under §265.1064(h)(1) as unsafe-to-monitor are exempt from the
requirements of (a) above if:
(1) The owner/operator determines that monitoring personnel would be
exposed to an immediate danger; and
(2) The owner/operator adheres to a written plan requiring monitoring as
frequently as practicable during safe-to-monitor times.
(h) Valves designated under §265.1064(h) (2) as difficult-to-monitor are exempt from the
requirements of (a) above if:
(1) The owner/operator determines that monitoring personnel would have to
be elevated more than 2 meters above the support surface;
(2) The unit to which the valves are connected was in operation before June
21, 1990; and
(3) The owner/operator adheres to a written plan requiring monitoring at
least yearly.
§265.1058Standards: Pumps and Valves in Heavy Liquid Service, Pressure Relief Devices
in Light Liquid or Heavy Liquid Service, and Flanges and Other Connectors
(a) The devices must be monitored within 5 days of finding a potential leak by sight,
sound, smell, or other method.
(b) An instrument reading 10,000 ppm or greater constitutes a leak.
(1) Leaks must be repaired as soon as practicable, but not later than 15 calendar
days after detection, unless a longer period is allowed under §265.1059.
(2) A first attempt at repair of leaks must be made within 5 calendar days of
detection.
(d) Repair attempts include the methods set forth in §265.1057(e).
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s) contained herein.
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Air Emissions for Equipment Leaks: Standards (continued)
§265.1059 Standards: Delay of Repair
(a) Delay of repair is allowed if the repair is infeasible without shutting down the
hazardous waste management unit. If so, the leak must be repaired during the next
shutdown.
(b) Delay of repair is allowed if the equipment is isolated from the HWMU and if it
ceases to contain or contact hazardous waste with organic concentrations at least 10
percent by weight.
(c) Delay of repair for valves is allowed if:
(1) The owner/operator determines that emission of purged material resulting
from immediate repair is greater than the emissions likely to result from
delay of repair;
(2) During repair, the purged material is collected and destroyed or recovered
in a control device pursuant to §265.1060.
(d) Delay of repair for pumps is allowed if:
(1) A dual mechanical seal system with a barrier fluid system would have to
be used:
(2) Repair is completed as soon as practicable, but at least within 6 months of
leak detection.
(e) Delay of repair beyond a HWMU shutdown is allowed for a valve if valve assembly
replacement must be done during the shutdown and an adequate supply of valves
runs out- Delay beyond the next shutdown will only be allowed if it occurs within 6
months of the first shutdown.
§265.1060 Standards: Closed-vent Systems and Control Devices
Owners/operators of closed-vent systems and control devices must comply with the
requirements of §265.1033.
Ill-182
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or
regulatory requirements are in any way altered by any statement(s)' contained herein.
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
Ill-183
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s) contained herein.
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Air Emissions for Equipment Leaks: Alternative Standards
§265.1061Alternative Standards for Valves in Gas/Vapor Service or Light Liquid Service:
Percentage of Valves Allowed to Leak
(a) Those subject to §265.1057 may choose to be regulated under an alternative
standard which allows 2 percent of the valves to leak.
(b) To follow this standard, the Regional Administrator must be notified, performance
tests pursuant to (c) below must be done initially, annually, and as requested, and
leaks must be repaired pursuant to §265.1057(d) and (e).
(c) Performance tests must be done as follows:
(1) Valves subject to §265.1057 within the HWMU must be monitored within 1
week by methods specified in §265.1063(b).
(2) An Instrument reading over 10,000 ppm constitutes a leak.
(3) The leak percentage is calculated by dividing the number of leaking valves
subject to §265.1057 by the total number of valves subject to §265.1057.
(d) If an owner/operator chooses to no longer comply with this section, the Regional
Administrator must be notified.
§265.1062Alternative Standards for Valves in Gas/Vapor Service or Light Liquid Service:
Skip Period Leak Detection and Repair
(a) Owners/operators subject to §265.1057 may choose to skip leak detection periods as
specified in (b)(2) and (3) below and, if they so choose, must notify the Regional
Administrator.
(b) (1) §265.1057 must be complied with except as provided in (b)(2) and (3) below.
(2) After two consecutive quarterly detection periods, if the 2 percent leak rate
is not exceeded, every other quarter may be skipped.
(3) After five consecutive quarterly detection periods, if the 2 percent leak rate
is not exceeded, three quarters may be skipped.
(4) If the 2 percent leak rate is exceeded, monthly monitoring must be done
pursuant to §265.1057 until compliance with §265.1057(c)(l) is achieved.
Ill 184
FOR USE BY EPA INSPECTION PERSONNEL. ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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For Inspection Procedures, refer to first page of discussion for this subject heading.
III-185 .
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s)'contained herein.
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Air Emissions for Equipment Leaks: Recordkeeping
§265.1064 Recordkeeping Requirements
(a) Records must be kept for Subpart BB units. One system to track all records may be
used as long as units are specifically identified in each record.
(b) The following must be recorded in the facility's operating record:
(1) For each piece of equipment, the equipment ID number and HWMU
identification, approximate location, type of equipment, weight percent of
organics in the waste stream, the physical state of the material (e.g., gas,
vapor, liquid), and the compliance method used;
(2) For those who do not have controls on-line by the deadline date set under
§265.1033(a) (2), an implementation schedule including a rationale why
control requirements could not be met on time;
(3) For those who use test data to demonstrate emissions compliance of the
control device, a performance test plan pursuant to §265.1060; and
(4) Documentation of compliance with §265.1060 including that which is
specified in §265.1035(b)(4).
(c) When a leak is detected, the owner/operator must
(1) Attach to the leaking equipment a weatherproof and readily visible
identification, including the equipment number, the date evidence of
potential leak was discovered, and the leak detection date;
(2) Except for leaking valves, the identification may be removed from equipment
after repair...
(3) The identification may be removed from a valve after it has been monitored
for 2 months and no leak is detected.
(d) When each leak is detected, as specified in §§265.1052, 265.1053. 265.1057, and
265.1058, the following information must be recorded in an inspection log that is
kept in the facility operating record:
(1) The instrument, operator, and equipment identification numbers;
(2) The date evidence of a potential leak was found pursuant to §265.1058(a);
(3) The leak detection date and dates of attempts to repair the leak;
(4) Repair methods appl ied in each attempt;
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FOR USE BY EPA INSPECTION PERSONNEL.ONLY. This manual is intended solely far-guidance, No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Inspection Procedures - Subpart BB, Section 265.1064
• Check the facility operating record. Does it contain:
- A list of each piece of equipment, including all details required by §265.1064(b)(1)?
-- An implementation schedule for equipment scheduled to have control devices installed,
including a rationale for not having controls in place by the date they become subject to
Subpart BB?
-- A performance test plan (if test data is used to demonstrate compliance with emissions
standards)?
• Review the facility operating; record for an inspection log with records of equipment leaks.
For each leak, check the following:
-- If repair is not yet complete, check the equipment for identification (such as a tag)
pursuant to §265.1064(c)(1).
-- If repair was completed within the past two months and the equipment leaking was a
valve, identification as mentioned above should still be on the equipment. If repair was
completed more than two months ago and the identification has been removed, ask to
see monitoring results indicating no leak has occurred for two months.
- Check the information of each leak record against the list of requirements listed in
§265.1064(d). Note: these records need only be kept for 3 years.
• If a closed-vent system or control device is used to control emissions from leaking
equipment, examine the facility operating record for design documentation and monitoring,
operating, and inspection information for each such system. Note: operation information
need only be kept for three years.
• If an owner/operator chooses to use a dievice other than those with specific Subpart BB
standards, check the facility operating log for documentation of proper operation and
maintenance.
• Examine the operating record for a log of all equipment subject to Subpart BB. Check for
each piece of information required by §265.1064(g).
• Examine the operating record for lists of all "unsafe-to-monitor" and "difficult-to-monitor"
-xz valves. There should be an explanation of why each valve was so designated and a plan for
monitoring each valve.
• If the owner/operator has chosen the alternative valve standard under §265.1062 (2% or
fewer leaking), check the operating record for the percentage of valves found leaking during
several monitoring periods.
• Check the facility operating record for all analysis or other information related to
determining applicability of equipment leak standards. Note that owners/operators with
equipment meeting the applicability criteria §265.1050 which does not fall under emission
control standards of Subpart BB must still have up-to-date information and data in the
facility operating record to support the fact that the equipment is not subject to standards.
Ill-187
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statemerit(s) contained herein.
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Air Emissions for Equipment Leaks: Recordkeeping (continued)
§265.1064 Recordkeeping Requirements (continued)
(5) The words "Above 10,000" if the maximum instrument reading measured by
the methods in §265.1063(b) is equal to or greater than 10,000 ppm;
(6) The words "Repair delayed" and the reason for delay if a leak is not repaired
within 15 calendar days of discovery of the leak;
(7) Documentation supporting the delay of repair of a valve, in compliance with
§265.1059(c);
(8) If delayed until shutdown, the signature of the owner/operator (or designate)
who decided the repair had to wait until shutdown;
(9) The expected date of successful repair if the leak was not repaired within 15
days; and
(10) The date of successful repair.
(e) Design documentation and monitoring, operating, and inspection information for
each closed-vent system and control device subject to §265.1060 must be recorded
and kept up-to-date in the facility operating record pursuant to §265.1035(c).
(0 For a control device other than a thermal vapor incinerator, catalytic vapor
incinerator, flare, boiler, process heater, condenser, or carbon adsorption system,
monitoring and inspection information indicating proper operation and maintenance
of the control device must be recorded in the facility operating log.
(g) The following information for equipment subject to §§265.1052 through 265.1060
must be recorded in a log that is kept in the facility operating record:
(1) A list of identification numbers for equipment (except welded fittings) subject
to Subpart BB;
(2) A list of identification numbers for equipment designated for no detectable
emissions. The designation must be signed by the owner/operator;
(3) A list of equipment identification numbers for pressure relief devices subject
to §265.1054(a);
(4) The dates, background level measured, and maximum instrument reading
measured for each compliance test required; and
(5) A list of identification numbers for equipment in vacuum service.
(h) The following information for valves subject to §265.1057(g) and (h) must be
recorded in a log that is kept in the facility operating record:
III-188
FOR USH BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
Ill-189
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s)contained herein.
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Air Emissions for Equipment Leaks: Recordkeeping (continued)
§265.1064 Recordkeeping Requirements (continued)
(h) (1) A list of identification numbers for valves that are designated as unsafe-to-
monitor with an explanation of why this is so and a plan to monitor each
valve;
(2) A list of identification numbers for valves that are designated as difficult-to-
monitor with an explanation of why this is so and a planned schedule to
monitor each valve.
(i) For valves complying with §265.1062. the monitoring schedule and the percent of
valves found leaking during each monitoring period must be maintained in the
facility operating record.
(j) The criteria required under §265.1052(d)(5) (ii) and §265.1053(e)(2), along with an
explanation, a list of changes, and reasons for changes, must be recorded in a log
that is kept in the facility operating record.
(k) The following information must be recorded in a log that is kept in the facility
operating record for use in determining exemptions as provided in the applicability
section of Subpart BB and other specific subparts:
(1) An analysis determining the design capacity of the HWMU;
(2) A statement listing the hazardous waste influent to and effluent from each
HWMU subject to §265.1052 and §265.1060 and an analysis determining
whether these hazardous wastes are heavy liquids; and
(3) An up-to-date analysis and the supporting information and data used to
determine whether equipment is subject to §265.1052 through §265.1060.
When knowledge of the waste stream is applied, the record must include
documentation pursuant to §265.1063(d)(3).
0) Records of equipment leak and operating information required under (d) and (e)
above need only be kept for 3 years.
(m) Owners/operators subject to both Subpart BB and 40 CFR Part 60 Subpart W, or 40
CFR Part 61, Subpart y, may elect to use either §265.1064 or the provisions of 40
CFR Part 60 or 61 to determine compliance with Subpart BB, to the extent that
these provisions are duplicative. If the 40 CFR Part 60 or 61 records are used, they
must be kept with, or made readily available with, the facility operating record.
Ill 190
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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For Inspection Procedures, refer to first page of discussion for this subject heading.
III-191
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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TABLE III-5 PERMITTED FACILITY REGULATORY REQUIREMENTS
Subpart B - General Facility Standards
§§264.10 through §264.17(b) are similar to Part 265 requirements (see Table 11 i-4)
§264.17(c) Requirements for Ignitable, Reactive, or Incompatible Wastes
When a facility must comply with the general requirements, permitted facilities must
document such compliance.
§264.18 Location Standards
(a) Portions of new permitted facilities must not be located within 61 meters of a fault
which has had displacement in Holocene time.
(b) A facility located in a 100 year flood plain must be designed, constructed, operated,
and maintained to prevent washout unless the waste can be removed or no adverse
effects will result if washout occurs.
(c) Placement of any non-containerized or bulk liquid waste in any salt dome formation,
salt bed formation, underground mine or cave is prohibited.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Inspection Procedures - Subpart B, Sections 264.10 through 264.18
Remember:
• General inspection requirements for permitted facilities are usually the same as for interim
status facilities.
• Compliance with location standards should be verified during the permit process.
• Inspectors should review the latest version of the Part A Permit/Application, "Facility
Identification Section," and the latest version of the Part B Permit/Application; "Facility
Location Section," to ensure that the present facility information is consistent.
Ill 193
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Subpart C - Preparedness and Prevention
Subpart D - Contingency Plan and Emergency Procedures
Subpart E - Manifest System, Recordkeeping, and Reporting
Subpart H - Financial Requirements
Subpart C requirements are similar to Part 265 Subpart C requirements.
Subpart D requirements are similar to Part 265 Subpart D requirements.
Subpart E requirements, §264.70 through §264.72, are similar to Part 265 Subpart E
requirements.
§264.73 Operating record requirements are similar to §265.73 requirements except that:
The operating record must contain the following:
(7) Notices to generators of appropriate permits.
(9) Annual certification that a program is in place to reduce toxicity and volume of
hazardous waste generated by the permittee.
Subpart E requirements, §264.74 through §264.77, are similar to Part 265 Subpart E
requirements.
Subpart H requirements are similar to Part 265 Subpart H requirements.
Ill-194
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Inspection ProceduresSubparts C, D, E, and H
Remember:
• General inspection requirements for permitted facilities are usually the same as for interim
status facilities.
• Permitted facilities are required to include notices to generators of appropriate permits and
annual certification that a waste minimization program is in place in their operating record,
whereas interim status facilities are not required to do so.
» Owners/operators may obtain, from the Regional Administrator waivers from meeting aisle
space and emergency equipment requirements.
• Inspectors should review the facility's Part B Permit/Application-Part VII, "Contingency
Plan & Emergency Procedures Section," to ensure that the facility is complying with the
information presented in the facility contingency plan, including procedures to be used in
the event of a fire, explosion, or other unplanned occurrence.
• Inspectors should review the facility's Part B Permit/Application-Part VI, "Management
Practices Section," to ensure that the facility's operational procedures regarding manifest
system, recordkeeping, and reporting are being carried out by facility personnel.
• The financial responsibility requirements apply to owners/operators of all hazardous waste
facilities except State and federal hazardous waste facilities. Inspectors should review the
facility's Part B Permit/Application-Part X, "Financial Responsibility Section," to ensure
that all identified mechanisms for Financial assurance are current and appropriate.
III-195
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Subpart F - Releases from Solid Waste Management Units
§264.90 Applicability
These regulations apply to owners/operators of facilities that treat, store, or dispose of
hazardous waste unless they are exempt under §264.1 or operate a unit which is an engineered
structure, does not receive or contain liquid waste or waste containing free liquids, has both inner
and outer layers of containment, aind has a leak detection system(s) built into each layer which will
be maintained and will not allow hazardous constituents to migrate beyond the outer layer.
Owners/operators of land treatment units with treatment zones that do not contain levels of
constituents that exceed background levels can eliminate post-closure care requirements. The post-
closure care requirements also do not apply to waste piles meeting design standards and to units
where there is no potential migration into the uppermost aquifer.
§264.91 Required Programs
All facilities covered under these regulations must conduct a detection monitoring program
unless hazardous constituents are detected at the compliance point. In this case, the owner/operator
would conduct a compliance monitoring program. If ground water standards are exceeded, a
corrective action program under §264.100 must be started.
§264.92 Groundwater Protection Standard
The Regional Administrator will establish the ground water protection standard in the
facility permit.
§264.93 Hazardous Constituents
The Regional Administrator will specify in the permit the hazardous constituents to which
the standard applies.
§264.94 Concentration Limits
The Regional Administrator will specify in the permit the concentration limits.
§264.95 Point of Compliance
The Regional Administrator will specify the point of compliance in the permit. The point of
compliance is a vertical surface located at the hydraulically downgradient limit of the waste
management area that extends into the uppermost aquifer.
§264.96 Compliance Period
The compliance period Is equal to the number of years equal to the active life of the waste
management area and is specified in the permit by the Regional Administrator.
Ill-196
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Inspection Procedures - Subpart F, Sections 264.90 through 264.101
Kev Considerations:
• Is the owner/operator engaging in detection or compliance monitoring?
• Are all constituents specified in the permit being monitored?
• Are complete Appendix IX scans and groundwater flow rate and direction evaluations being
done as frequently as specified in the permit for compliance monitoring programs?
Does the groundwater monitoring program follow proper procedures for sample collection,
sample preservation and shipment, and chain of custody?
• Does monitoring data show that either background or the ground water protection standard
have been exceeded? Have the statistical evaluations been done?
• Has an RFA been performed? If not, you may look at any or all solid waste management
units on site.
• Is the facility under corrective action? If so, are the compliance schedules being met?
Identification of releases from solid waste management units will be done during a RCRA
Facility Assessment. The "RCRA Facility Assessment Guidance Manual" is available as a
reference.
• Inspectors should review the Part B Permit/Application-Part IV, "Facility Design Section,"
which includes the requirements for a groundwater monitoring program (Subsection N) if it
is required at the facility.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
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Subpart F - Releases from Solid Waste Management Units (continued)
§264.98 Detection Monitoring Program
The owner/operator must monitor for indicator parameters that provide a reliable indication
of the presence of hazardous constituents in the ground water. The Regional Administrator will
specify the parameters in the permit.
The owner/operator must install a monitoring system at the compliance point and establish
background levels for the parameters of concern. The owner/operator must monitor semiannually
and statistically evaluate any increase or pH changes. If there is a significant increase, he must
notify the Regional Administrator within 7 days. If detection monitoring indicates a release, the
owner/operator must go to compliance monitoring and obtain a permit modification.
§264.99 Compliance Monitoring Program
The owner/operator must determine whether the regulated units are in compliance with the
ground water protection standard. The owner/operator must determine the concentration of
hazardous constituents in the ground water at least quarterly. The owner/operator must determine
the flow rate and direction in the uppermost aquifer, and analyze for all Appendix IX constituents
at least annually. If there is a statistically significant difference between the observed
concentration and the groundwater protection standard for each constituent, the owner/operator
shall notify the Regional Administrator and apply to make the permit changes necessary for a
corrective action program.
§264.100 Corrective Action Program
An owner/operator required to take corrective action must implement a program that
prevents hazardous constituents from exceeding their groundwater protection standard by
removing or treating the hazardous waste constituents. A groundwater monitoring program that
can demonstrate the effectiveness of the corrective action must be implemented. The
owner/operator can terminate corrective action measures if he can demonstrate that the
groundwater protection standard has not been exceeded for 3 consecutive years.
§264.101 Corrective Action for Solid Waste Management Units
The owner/operator of a facility must implement corrective action for releases of hazardous
waste or constituents from any solid waste management unit that affect human health and the
environment. Corrective action required will be specified In the permit.
IIM98
FOR USE BY EPA INSPECTION PERSONNEL' ONLY; This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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For Inspection Procedures, refer to first page of discussion for this subject heading.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Subpart G - Closure and Post-Closure
§264.110 Applicability
The following regulations (§§264.111 through 264.115) apply to the owners/operators of all
hazardous waste management facilities unless §264.1 provides otherwise.
§264.112 Closure Plan; Amendment of Plan
(c) The owner/operator may request a permit modification to amend the closure plan
any time prior to closure when changes occur that will affect the closure of the unit
§264.113 through §264.117 are similar to Part 265 requirements. See Table III-4.
§264.118 Post-Closure Plan; Amendment of Plan
(d) The owner/operator may request a permit modification to amend the post-closure
plan any time during the active, life or the post-closure care period when changes
occur that will affect post-closure care.
§§264.119 through 264.120 are similar to Part 265 requirements. See Table III-4.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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Inspection Procedures • Subpart G, Sections 264.110 through 264.120
Kev Considerations:
• Have any amendments tx> closure or post-closure plans been accompanied by a request for a
permit modification?
• Have post-closure plans been completed for waste piles and surface impoundments even
though they will not be closed as a landfill, as required?
• Inspectors should review the facility's Part B Permit/Application-Part IX, "Closure Plan
Section," which includes detailed descriptions of the steps necessary to decontaminate the
facility and how much it would cost.
• Inspectors should ensure that any closure activities are in accordance with the approved
facility closure plan and that facility post closure documentation includes required notices
and certifications.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are in any way altered by any statements) -contained herein.
No statutoiy or
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Subpart I - Use and Management of Containers
§§264.170 through 264.174 are similar to Part 265 requirements. See Table III-4.
§264.175 Containment
(a) & Container storage areas must have a containment system designed and operated as
(b) follows:
(1) Impervious base, free of cracks;
(2) Sloped or designed to drain off leaks, spills, or precipitation, unless
containers are elevated;
(3) System must be able to contain 10% of the volume of the free liquids in all
containers or the largest container, whichever is greater:
(4) Run-on must be prevented unless the system has the capacity to contain
excess liquid;
(5) Accumulated liquid and waste must be removed in a timely manner.
(c) Container storage areas that do not hold wastes with free liquid do not need a
containment system, except for F020, F021, F022, F023, F026, and F027, which
must always have a containment system which is in compliance with (2) above.
§264.176 and §264.177 are similar to Part 265 requirements. See Table III-4.
§264.178 Closure
At closure, all hazardous wastes and associated residues must be removed from the
containment system.
III-Z02
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance.
regulatory requirements are in any way altered by any statements) contained herein.
No statutory or
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Inspection Procedures - Subpart I, Sections 264.170 through 264.178
Kev Considerations:
• Is the containment system free from cracks, gaps, or other signs of deterioration, and
without any standing liquids (unless recent precipitation or spills have occurred)? How long
has precipitation been there?
• Does the containment system have sufficient excess capacity to collect precipitation and
run-on and still meet the 10% requirement for free liquids?
• Is the evaluation and disposal method of any contained liquid within the containment
system adequate?
• After closure, has the decontamination of the containment system been documented?
• Inspectors should review the facility's Part B Permit/Application-Part IV, "FacUity Design
Section (Subsection A)," to ensure that facility container utilization is consistent with that
specified and approved.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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Subpart J - Tank Systems
§§264.190 through 264.199 are similar to §§265.190 through 265.199. See Table IH-4.
III-204
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Inspection Procedures - Subpart J, Sections 264.190 through 264.199
Remember:
• The regulations applicable to above-, on-, in-, and underground tanks that can be entered
apply in States without authorized RCRA programs only, unless a State amends its statute.
Requirements for unenterable, underground tank systems and leak detection requirements
for all new underground tank systems apply in all States.
• Inspectors should review the facility's Part B Permit/Application-Part IV, "Facility Design
Section (Subsection B)," to ensure that facility tank utilization is consistent with that
specified and approved.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are in any way altered by any statement^) contained herein.
No statutory or
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Subpart K - Design of Surface Impoundments
§264.221 Design and Operating Requirements
(a) Any surface impoundment that is not new, a replacement or a lateral expansion
must have a liner that is designed, constructed, and installed to prevent any
migration out of the impoundment during its active life.
(b) Waivers for (a) above may be obtained from the Regional Administrator.
(c) New surface impoundments, replacements, or lateral expansions must have two or
more liners and a leachate collection system between liners.
(d) Other liner designs can be used if they are demonstrated to be as effective as those
prescribed in (c) above and approved by the Regional Administrator.
(e) Waivers may be obtained from the Regional Administrator for (c) above.
(f) A surface impoundment must be designed, constructed, maintained, and operated to
prevent overtopping, overfilling, wind and rain action, run-on, malfunction, and
human error.
(g) Dikes must be designed, constructed, and maintained to prevent massive failure.
(h) The permit will specify all the requirements.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
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Inspection Procedures - Subpart K, Section 264.221
Key Considerations:
• What is the maintenance and condition of the dikes and any other visible portions of the
surface impoundment?
• Is there any evidence of overtopping or other types of releases?
• Inspectors should review the facility's Part B Permit/Application-Part IV, "Facility Design
Section (Subsection G),° to ensure that facility surface impoundments are designed,
operated, and maintained (including inspections) in accordance with the currently-approved
permit.
• Placement of wastes in a surface impoundment meets the definition of land disposal under
§268.2(c). Therefore, no hazardous wastes which are subject to LDR may be placed in a
surface impoundment unless they meet treatment standards in Part 268, Subpart D or
qualify for the treatment in surface impoundment exemption in §268.4.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance.
regulatory requirements are in any way altered by any statement^) contained herein.
No statutory or
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OSWER Dir. No. 9938.02(b)
Subpart K - Monitoring and Inspection
§264.226 Monitoring and Inspection
(a) During construction and installation, liners and cover systems must be inspected for
damage and imperfections.
(b) While the surface impoundment is in operation, it must be inspected weekly and
after storms for:
malfunctions or improper operation of overtopping controls
sudden drops in the level of contents
erosion or other signs of deterioration
(c) The owner/operator must obtain certification of structural integrity.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely, for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart K, Section 264.226
/ - •
Kev Considerations:
• Has all documentation of inspections during construction and installation been reviewed?
• Has documentation of inspections and adequate inspection procedures been properly
undertaken?
• Has the owner/operator obtained certification of structural integrity?
III-209
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart K - Emergency Repairs; Contingency Plans
§264.227 Emergency Repairs; Contingency Plans
(a) A surface impoundment must be removed from service if the liquid level drops
without a known reason, or a dike leaks.
(b) If one of the above conditions occurs, the owner/operator must immediately:
shut off inflow
stop leaks and contain surface leakage
take measures to prevent catastrophic failure
if leak cannot be stopped, empty the impoundment and notify the Regional
Administrator within 7 days.
(c) The contingency plan must specify the procedures necessary to meet the
requirements of (b) above.
(d) Once an impoundment is removed from service due to leak or failure, prior to
returning to service, the appropriate repairs on the impoundment must be certified.
(e) Once an impoundment is removed from service due to leak or failure and is not to be
repaired, it must be closed.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart K, Section 264.227
Key Considerations:
• Is there evidence of a leak or failure in the operating record?
• Was the contingency plan followed and was it adequate to contain any releases in a timely
manner?
• After a leak or other failure, is the unit being repaired or is it closing? Were the repairs
certified?
• If the facility is operating a surface impoundment containing F020, F021, F022, F023, F026;
or F027 wastes, the facility should have a special waste management plan approved.
Inspectors should review the facility's Part B Permit/Application-Part IV, "Facility Design
Section (Subsection G)," to ensure that the facility is in compliance with this requirement
[40 CFR §§264, 231(a), and 270.17(0(1)1.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are in any way altered by any statements) contained herein.
No statutory or
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OSWER Dir. No. 9938.02(b)
Subpart K - Closure and Post-Closure Care
§264.228 Closure and Post-Closure Care
(a) At closure, the owner/operator must either:
(1) remove or decontaminate all waste residues, structures and equipment
contaminated with waste and leachate, contaminated subsoils, and
contaminated containment system components; or
(2) eliminate free liquids or solidify wastes so that the impoundment will
support a final cover.
(b) If some waste residues are left in place upon closure, the owner/operator must
comply with post-closure requirements and maintain the effectiveness of the final
cover, maintain and monitor the leak detection system, and the integrity of the
groundwater monitoring system.
(c) If an owner/operator plans to close under (a)(1) above and the impoundment does
not comply with the liner requirements of §264.221(a), he still must have a plan for
complying with paragraph (a)(1) above and a contingent plan for complying with
(a)(2). In addition, he must have a contingent post-closure plan in case he cannot
remove all the contaminated material. Cost estimates must also be provided for the
contingent closure and post-closure care.
§264,229 through §264.231 are similar to Part 265 requirements. See Table III-4.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart K, Section 264.228
Kev Considerations:
• Has the facility elected to clean close of to close as a landfill?
• If the facility is closing by removing or decontaminating all material, can this fact be
properly documented? If not. has the owner/operator implemented the contingent closure
and post-closure plans?
-• If the surface impoundment is closing with material in place, is the impoundment free of
standing water and will (does) it support a cover?
• Inspectors should review the facility's Part B Permit/Application-Part IX, "Closure Plan," to
ensure that facility closure activities are consistent with the approved plan.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY/ This manual is intended solely for guidance. No statutoiy or
regulatory requirements are In any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart L - Design of Waste Piles
§264.251 Design and Operating Requirements
(a) ' A waste pile must have a liner and a leachate collection system.
(b) A facility may be exempt from (a) above if it can prove its design characteristics and
operating practices, together with location characteristics, will prevent migration of
hazardous constituents into ground water.
(c) Run-on must be diverted around the active portion of the pile.
(d) Run-off must be collected and controlled.
(e) Collection and holding facilities must be emptied after storms.
(f) Waste piles must be maintained in a manner that prevents dispersal of particulates
by wind.
§264.254 Monitoring and Inspection
(a) During construction, liners and covers must be inspected for defects.
(b) Waste piles must be inspected weekly and after storms for deterioration, proper
control of run-on and runoff, control of wind dispersal, and the proper function of
leachate collection systems.
§264.256 and §264.257 are similar to Part 265 requirements. See Table III-4.
§264.259 Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and
F027
The hazardous wastes listed above (dioxin-containing) must not be placed in a waste pile
that is not enclosed unless the pile is operated with a management plan approved by the Regional
Administrator.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart L, Sections 264.251 through 264.259
Key Considerations:
• Is the facility engaging in proper removal of collected runoff a short time after storms?
• Is the evaluation and disposal of the runoff and leachate adequate? ,
• Has documentation of inspections conducted during construction been located and properly
reviewed?
Has documentation of weekly operational inspections been properly completed?
• Inspectors should review the facility's Part B Permit/Application-Part IV, "Facility Design
Section (Subsection F)," to ensure that the facility is in compliance with the inspection
requirements, including:
-- Run-on and run-off control system
- Wind dispersal system
-- Leachate collection and removal system
• Inspectors should ensure that the facility has an approved special management plan for
piles containing wastes F020, F021. F022, F023, F026, and F027 [40 CFR §§259, and
270.18(i)].
Placement of wastes in a waste pile meets the definition of land
disposal under §268.2(c). Therefore, no hazardous wastes
which are subject to LDR may be placed in a waste pile unless
they meet treatment standards in Part 268, Subpart D.
III-215
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered iby any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart L - Closure and Post-Closure Care
§264.258 Closure and Post-Closure Care
(a) At closure, the owner/operator must remove or decontaminate all waste residues,
structures and equipment contaminated with waste and leachate, contaminated
subsoils, and contaminated containment system components.
(b) If some waste residues are left in place upon closure, the owner/operator must close
the facility and comply with post-closure requirements that apply to landfills.
(c) The owner/operator of a waste pile that does not comply with the liner requirements
and is not exempt must include in the closure plan both a plari for complying with
paragraph (a) above and a contingent plan for paragraph (b). The owner/operator
must also prepare a contingency post-closure plan in case he cannot remove all the
contaminated material. Cost estimates must also be provided for the contingent
closure and post-closure care.
III-216
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance.
regulatory requirements are in any way altered by any statements) contained herein.
No statutory or
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart L, Section 264.258
Key Considerations:
• Can the owner/operator document the removal or decontamination of all material? If not,
has the owner/operator implemented the contingent closure and post-closure plans?
III-217
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statement^)' contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart M - Land Treatment
§264.271 Treatment Program
(a) A land treatment program must be established that ensures that hazardous
constituents placed in the treatment zone are degraded, transformed, or
immobilized within the treatment zone.
(b) The Regional Administrator will specify in the permit the hazardous
constituents that must be degraded, immobilized, or transformed.
(c) The Regional Administrator will specify vertical and horizontal dimensions of
the treatment zone.
§264.272 Treatment Demonstration
(a) For each waste that will be applied to the treatment zone, the owner/operator
must demonstrate that hazardous constituents in the waste can be completely
degraded, transformed, or immobilized in the treatment zone.
(b) In making this demonstration, the owner/operator may use field tests, laboratory
analyses, available data, or operating data.
(c) Field or laboratory data must accurately simulate operating conditions, be likely
to show that the waste will be completely degraded, transformed, or immobilized
in the treatment zone, and must be conducted to protect human health and the
environment.
§264.273 Design and Operating Requirements
(a) The owner/operator must design, construct, operate, and maintain the unit to
maximize degradation, transformation, and immobilization. The runoff
management system must be able to at least control the water from a 24-hour,
25-year storm.
(b)(c)(d)(f) The owner/operator must design, construct, operate, and maintain the unit to
minimize runoff, control run-on, and control water volume and wind dispersal.
(e) Any collection and holding facilities which held hazardous constituents during
the active life of the unit gathered from run-on and runoff control systems must
be emptied or otherwise managed expeditiously after storms.
111-218
FOR USE BY EPA INSPECTION PERSONNEL ONLY; This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart M, Sections 264.271 through 264.273
Key Considerations:
• Has the owner/operator obtained either a short-term or two phase permit if he is conducting
laboratory or field tests as part of the land treatment demonstration?
• Is the facility complying with the application rates and waste types specified in the permit?
• Inspectors should review the facility's Part B Permit/Application-Part IV, "Facility Design
Section (Subsection Q." to ensure that all land treatment activities are being conducted
according to a currently-approved plan.
• Placement of wastes in a land treatment unit meets the definition of land disposal under
§268.2{c). Therefore, no hazardous wastes subject to LDR may be placed in a land
treatment unit unless they already meet treatment standards.
III-219
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart M - Land Treatment (continued)
§264.278 Unsaturated Zone Monitoring
(a) The owner/operator must monitor the soil and soil-pore liquid to determine whether
any hazardous constituents migrate out of the treatment zone.
(b) The owner/operator must install an unsaturated zone monitoring system at a
sufficient number of sampling points to yield samples that are representative of
background soil-pore liquid quality and the quality of soil-pore liquid below the
treatment zone.
(c) Background must be established for each hazardous constituent
(d) Soil monitoring and soil-pore liquid monitoring must be conducted directly below the
treatment zone.
(e) Consistent sampling and analysis procedures must be used.
(0 The owner/operator must determine when a statistically significant change occurs
over background.
(g) & The Regional Administrator must be notified when a significant change is found
(h) that is not due to error or other sources. Within 90 days, the owner/operator must
submit an application for permit modification to modify the facility's operating
practices.
§264.279 Recordkeeping
Hazardous waste application dates and rates must be included in the operating record.
§264.283 Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and
F027
The hazardous wastes listed above (dioxin-containing) must not be placed in a land
treatment unit unless approved by the Regional Administrator.
III-220
FOR USE BY EPA INSPECTION PERSONNEL ONLY'. This manual is intended solely Tor guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart M, Sections 264.278 through 264.283
Kev Considerations;
• Is the soil-pore liquid and soil monitoring being conducted according to the procedures and
frequency specified in the permit?
• Operating record should be reviewed for hazardous waste application dates and rates.
. Refer to the "Permit Guidance Manual on Hazardous Waste Land Treatment
1
Demonstrations" for a complete discussion of land treatment units.
• Inspectors should ensure that the facility has an approved special waste management plan
for land treatment units containing wastes F020, F021, F022, F023, F026, and F027.
111-221
FOR USE BY EPA INSPECTION PERSONNEL ONLY; This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart M - Closure and Post-Closure Care
§264.280 Closure and Post-Closure Care
(a) (1,2) During the closure period, the owner/operator must continue all operations
necessary to maximize degradation, transformation, or immobilization of
hazardous constituents within the treatment zone, and to minimize runoff.
(3.4) Maintain run-on control and runoff management systems.
(5) Control wind dispersal of hazardous waste.
(6,7) Continue to comply with prohibitions or conditions on growing food chain
crops and to monitor the unsaturated zone.
(8) Establish vegetative cover.
(b) Notify RA after closure is complete and provide certification.
(c) (1) During the post-closure care period, the owner/operator must continue all
operations necessary to enhance degradation and transformation and
sustain immobilization of hazardous constituents in the treatment zone in a
manner consistent with other post-closure activities.
(2,3,4) Maintain a vegetative cover, run-on control and runoff management
systems.
(5) Control wind dispersal of hazardous waste.
(6,7) Continue to comply with prohibitions or conditions on growing food chain
crops and to monitor the unsaturated zone.
(d) If the owner/operator can demonstrate that the levels of hazardous wastes left in the
soil does not exceed background, post-closure care is not required.
§264.281 is similar to Part 265 requirements. See Table III-4.
' ' ' III 222
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart M, Sections 264.280 through 264.281
Remember:
• The land treatment must still be operated and maintained to promote further degradation,
immobilization, and transformation of hazardous constituents during closure and post-
closure care.
• Certification of closure may be provided by an independent soil scientist or an independent
engineer.
• Vegetative cover must be established unless the background levels of wastes remaining in
the soil have not been exceeded.
• Inspectors should review the facility's Part B Permit/Application-Part IX, "Closure Plan," to
ensure that facility closure activities conform to those approved.
III-223
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are in any way altered by any statements) contained herein..
No statutory or
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OSWER Dir. No. 9938.02(b)
Subpart N - Landfills
§264.301 Design and Operating Requirements
(a) Landfills not regulated under (c) below or interim status must have a liner and a
leachate collection system above the liner.
(b) A landfill may be exempt from (a) above if the owner/operator can demonstrate that
an alternate design and location characteristics prevent migration.
(c) New or expanded facilities need two or more liners and a leachate collection system
above and between the liners.
(d) A landfill may be exempt from (c) above if the owner/operator can demonstrate that
an alternate design and location characteristics prevent migration. This alternative
design and operating practice must be approved by the Regional Administrator.
(e) The double liner requirement can be waived for monofills by the Regional
Administrator.
(f) A landfill is exempt from (c) if it is compliance with §3004(0)(1)(A)(i) and (0)(5) of
RCRA and there is no reason to believe that the liner is not functioning.
(g) Run-on flow control system must be capable of preventing flow onto active portion of
landfill during peak discharge from at least a 25-year storm.
(h) Runoff management system must be capable of collecting and controlling at least the
water volume resulting from a 24-our, 25-year storm.
(ij Collection or holding facilities associated with run-on and runoff systems must be
emptied expeditiously after storms.
0) Wind dispersal of particulates must be controlled.
§264.303 Monitoring and Inspection
(a) Liners and cover systems must be inspected during and after construction for
defects or imperfections.
(b) Landfills must be inspected weekly during operation and after storms for
deterioration and malfunctions, the presence of leachate, and properly functioning
leachate collection systems.
(c) (1) An owner/operator who is required to have a leak detection system must
keep records of the amount of liquid removed from each leak detection
system sump at least once a week during the active life and closure period.
(2) After the final cover is installed the amount of liquids removed from each
leak detection sump must be recorded at least monthly.
III-224
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart N, Sections 264.301 through 264.316
Kev Considerations:
• Is the owner/operator conducting the inspections as required? Are the leachate collection
systems functioning properly?
• Inspectors should review the facility's Part B Permit/Application-Part IV, "Facility Design
(Subsection H)," to ensure that the facility is conducting approved landfill operations.
Section 3004 of RCRA requires that certain landfills meet
minimum technological requirements (MTRs), including
double liners and a leachate collection system within four
years of being subject to regulation. Part 268 has given
additional importance to the "min-tech" requirements but
does allow non-MTR impoundments four years to retrofit
even if they receive wastes subject to a national capacity
variance or a case-by-case extension.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart O - Incinerators
§264.310 Closure and Post-Closure
Closure and post-closure requirements are similar to those in §265.310 except that the
owner/operator must continue to operate the leachate collection and removal system until leachate
is no longer detected.
§264.312 is similar to Part 265 requirement. See Table III-4.
§264.317 Special Requirements for Hazardous Wastes F020, F021, F022, F023, F026, and
F027
The hazardous wastes listed above (dioxin-containing) must not be placed in a landfill
unless the owner/operator operates the landfill in accordance with a management plan for these
wastes that is approved by die Regional Administrator.
§264.341 Waste Analysis
(a) The owner/operator must include a waste analysis in Part B applications or with
trial bum plans.
(b) Waste analysis must be conducted throughout normal operations.
§264.342 Principal Organic Hazardous Constituents (POHC)
(aj POHCs must be treated to performance standards discussed in §264.343.
(b) One or more POHCs will be specified in the permit for each waste burned.
§264.343 Performance Standards
(a) Destruction and removal efficiency (DRE) must equal 99.99% for each POHC and
99.9999% for POHC designated for dioxin-containing listed wastes.
(b) Stack emissions of HCL must not exceed the larger of 1.8 kg/hr or 1 percent .of the
HCL in the stack gas prior to entering any pollution control equipment.
(c) Incinerators must not emit greater than 180 mg/dry std cubic meter {when corrected
for O2 in the stack gas) of particulate matter.
(d) Failure to meet the performance standards of this section, despite compliance with
permit conditions, may be taken as information justifying modifications, revocation,
or reissuance of a permit.
§264.344 Hazardous Waste Incinerator Permits
(a) Wastes must only be burned as authorized in the permit except for approved trial
burns and if the waste is exempted by the Regional Administrator.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart O, Sections 264.341 through 264.344
Key Considerations:
• Have DREs for each POHC been demonstrated? Remember: for certain dioxin wastes the
demonstration is on harder-to-incinerate POHCs.
• Do the analyses of the waste feed show that it is the same as that specified in the relevant
permit?
• Does compliance with the operating conditions ensure compliance with the performance
standards? If not, a new trial burn could be ordered.
• Inspectors should review the facility's Part B Permit/Application-Part IV, "Facility Design
(Subsection E)," to ensure that incinerator operations conform to those approved.
• Look for modification of incinerator equipment that may impact incinerator operations.
Refer to Incinerator Checklist in Appendix IV of this Manual for more
assistance.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements] contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart O - Incinerators (continued)
§264.345 Operating Requirements
(a) An incinerator must be operated under the requirements specified in the permit.
(b) For each waste feed, the permit will specify waste feed composition and acceptable
operating conditions.
(c) During start-up or shut-down, hazardous wastes must not be fed into the incinerator
unless operating conditions are met.
(d) Fugitive emissions from the combustion zone must be controlled.
(e) Incinerators must have automatic waste feed shut-off systems when conditions
deviate from limits Including CO, waste feed rate, temperature, or combustion gas
velocity indicators.
(f) Incinerators must cease operation when waste feed, incinerator design, or operating
condition limits in the permit are exceeded.
§264.347 Monitoring and Inspection
(a) The owner/operator must conduct the following monitoring and inspections while
incinerating:
(1) Combustion temperature, waste feed rate, and combustion gas velocity must
be monitored continuously.
(2) Carbon monoxide must be monitored continuously.
(3) Sampling and analysis of the waste and emissions must be conducted as specified to
determine DRE.
(b) Incinerators and associated equipment must be inspected daily for leaks, spills, etc.
(c) Emergency and cutoff systems and associated alarms must be tested weekly.
(d) Monitoring and inspection data must be recorded in operating log:
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutoiy or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart O, Sections 264.345 through 264.347
Key Considerations:
• Are the operating requirements specified in the permit being met at all times when
incinerating hazardous wastes?
• Are the emergency cut-off systems operational and s6t at specified limits? Are the
indicators for CO, temperature, etc. tied to the cut-off system?
• Are the continuous monitoring systems working properly?
• Has equipment been checked for leaks, fugitive emissions, and structural integrity?
• Are waste types consistent with those specified in the permit?
• Are disruptions in incinerator operations documented? Were effective corrective measures
taken if necessary?
• Are necessary monitoring and inspections conducted?
111-229
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Subpart W - Drip Pads
This subpart is similar to Part 265. See Table III-4.
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regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
111-231
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatpry requirements are In any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Corrective Action for Solid Waste Management Units
§264.552 Corrective Action Management Units (CAMUs)
(a) In order to implement a corrective action, the Regional Administrator may designate
one or more CAMUs.
(1) Placement of remediation wastes into or within a CAMU does not constitute
land disposal of hazardous wastes.
(2) Consolidation or placement of remediation wastes into or within a CAMU
does not create a unit subject to minimum technology requirements.
(b) (1) The Regional Administrator may designate a regulated unit or incorporate a
regulated unit into a CAMU if:
(i) The unit has begun the §264.113 or §265.. 113 closure process; and
(ii) Inclusion of the regulated unit will enhance the effective
implementation of the corrective action.
(b) (2) The Subpart F, G, and H requirements and unit-specific requirements of
Parts 264 or 265 continue to apply to the regulated unit after it is
incorporated into the CAMU.
(c) The Regional Administrator shall designate a CAMU in accordance with the
following:
(1) The CAMU shall facilitate reliable, effective, protective, and cost-effective
remedies;
(2) The CAMU waste management activities shall not create unacceptable risks
to humans or the environment;
(3) The CAMU shall include uncontaminated areas of the facility only if this is
more protective than management of such wastes at contaminated areas of
the facility;
(4) Areas within the CAMU where wastes remain after closure must be
managed to minimize future releases;
(5) The CAMU shall expedite the timing of remedial activity when appropriate;
(6) The CAMU shall use treatment technologies which enhance the long-term
effectiveness of remedial actions; and
(7) Where practical, the CAMU shall minimize the land area of the facility
where waste will remain In place after closure of the CAMU.
III-232
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altereid by any statement^) contained herein. .
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart S, Section 264.552
Kev Considerations;
During an inspection of a CAMU. consider the following issues:
• Does the actual aereal configuration of the CAMU match the designated configuration in
the permit or order?
• If the CAMU incorporates regulated units, are these units in compliance with the
requirements in Subparts F, G, and H? Are they in compliance with relevant Part 264 or
265 standards?
• Do the CAMU waste management activities create unacceptable risks to humans or the
environment?
• Does the CAMU include areas of the facility that were previously uncontaminated? Does
the permit or order allow the inclusion of these areas within the CAMU?
• If the CAMU has been closed, are the areas within the CAMU managed in a manner so as to
minimize future risks?
III-233
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This .manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s)'contained herein.
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OSWER Dir. No. 9938.02(b)
Corrective Action for Solid Waste Management Units (continued)
§264.552 Corrective Action Management Units (CAMUs) (continued)
(e) The Regional Administrator shall specify, in the permit or order, the requirements
for CAMUs to include:
Aereal configuration of CAMU
Waste management practices
Groundwater monitoring requirements
Closure and post-closure requirements.
(0 The Regional Administrator shall document the rationale for designating CAMUs
and shall make documentation available to the public.
(g) Incorporation of the CAMU into an existing permit must be approved by the
Regional Administrator.
(h) The designation of a CAMU does not change EPA's existing authority to address
clean-up levels, media-specific points of compliance, or other remedy selections.
§264.553 Temporary Units (TUs)
(a) For tanks and containers which are used temporarily to store or treat hazardous
remediation waste, the Regional Administrator may determine that standards
alternative to Subpart I or J are applicable.
(b) Temporary units to which alternative standards apply, must:
(1) Be located within the facility boundary, and
(2) Be used only to treat or store remediation wastes.
(d) The Regional Administrator shall specify in the permit or order the length of time a
temporary unit shall operate. The time period must be less than a year. The
Regional Administrator shall specify the design, operating, and closure
requirements for the unit.
(e) The unit may operate longer than one year if the Regional Administrator determines
that its operation poses no threat and its use is necessary to implement the site
remedial actions.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are in any way altered by any statements) contained herein.
No statutory or
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Inspection Procedures - Subpart S, Section 264.553
Key Considerations:
Several questions should be asked during the inspections of a TTJ:
• Is operation of the TU specified in the facility permit?
• If not, was a RCRA §3008(h) order issued allowing its operation?
• What type of unit is being used as a temporary unit? Remember: only tanks and containers
can be used as TUs.
v-. What type of waste does the unit store or treat? Is it waste other than remediation waste?
• How long has the unit stored the remediation waste?
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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TABLE III-6 STANDARDS FOR MANAGEMENT OF SPECIFIC
HAZARDOUS WASTES AND SPECIFIC TYPES OF HAZARDOUS WASTE
MANAGEMENT FACILITIES
Recyclable Materials Used in Manner Constituting Disposal
§266.20 Applicability
(a) These regulations apply to recyclable materials applied to, or placed on land:
(1) Without mixing with other substances; or
(2) Mixed with any other substances.
(b) Products produced from recyclable material for public use that are used in a manner
constituting disposal are not subject to regulation if they are inseparable, and the
products meet LDR treatment standards for each recyclable material they contain.
§266.21 Standards for Generators and Transporters
Generators and transporters of the applicable recyclable materials are subject to applicable
requirements of Parts 262 and 263 as well as the notification requirements (RCRA §3010).
§266.22 Standards for Storage
Owners/operators that store recyclable material in a manner that constitutes disposal are
regulated under applicable provisions of Subparts A through L of Parts 264 and 265, and Parts 270
and 124.
§266.23 Standards for Users
(a) Owners/operators that use recycled materials in a manner that constitutes disposal
are regulated under Subparts A through N of Parts 264 and 265 and Parts 270 and
the notification requirement.
(b) The use of oil or other material that is contaminated with dioxin or any other
hazardous waste (except if the waste is identified solely on the basis of ignitability)
for dust suppression or road treatment is prohibited.
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regulatory requirements are in any way altered by any statement^) contained herein.
No statutory or
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Inspection Procedures - Subpart C, Sections 266.20 through 266.23
Kev Considerations:
• Does the waste and management practice meet the criteria set forth in §266.20?
• If waste oil or other material is being used for dust suppression or road treatment, has it
been tested for dioxin?
• If waste oil or other material is being used for dust suppression or road treatment, is it only
hazardous for ignitability? If it is a petroleum waste, is it prohibited because of TC organic
constituent levels (e.g., benzene)?
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are in any way altered by any statements) contained herein.
No statutory or
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Used Oil Burned for Energy Recovery
NOTE: The used oil regulations contained in Subpart E of Part 266 were removed and
replaced by the revised standards contained in Part 279. SeeIII-1.
§266.40 Applicability
(b) "Used oil" is any oil refined from crude oil that has been used resulting in physical or
chemical impurities.
(c) Used oil containing more than 1000 ppm of total halogens is presumed to be a
hazardous waste regulated under Subpart D. This presumption may be rebutted.
(d) Used oil that exhibits a characteristic of hazardous waste, provided that it is not
mixed with a hazardous waste, or contains waste from a CESQG, is regulated under
this Subpart.
(e) Used oil that exceeds any specification level is subject to this Subpart when burned
for energy recovery but is termed "off-specification used oil fuel."
§266.41 Prohibitions
(a) A person may market off-specification used oil only to burners or other marketers
who have notified EPA and received an EPA identification number and to burners
who burn only in an industrial furnace or boiler. A boiler may be a space heater if
the oil is from do-it-yourselfers, bums less than 0-5 million Btu per hour, and
combustion gasses are vented to the outdoors.
§266.42 Standards for Generators
(b) Generators who market used oil directly to a burner are subject to §266.43 marketer
regulations.
(c) Generators who burn used oil are subject to §266.44 burner regulations.
§266.43 Standards for Marketers
(a) The following persons are not marketers subject to this regulation: generators or
collectors who provide oil to persons who process it, but do not burn it unless
incidentally for purposes of processing.
(b) Marketers:
(1) Who manage used oil fuel are subject to the regulations unless they obtain
an analysis of the used oil;
(2&3) Must follow prohibitions in §266.41 and notify EPA of activity; and
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regulatory requirements are in any way altered by any statements) contained herein.
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Inspection Procedures - Subpart E, Sections 266.40 through 266.44
Key Considerations;
• Has the State where the facility is located adopted the new used oil regulations in Part 279?
If so, use those regulations to determine compliance. If not, follow the requirements of Part
266 Subpart E.
• Hasi the used oil been analyzed to determine if it meets specifications?
Does the energy recovery unit meet the definition of a boiler or industrial furnace?
USED OIL BURNED FOR ENERGY RECOVERY
If used oil meets the criteria of Subpart E, then generators, markets, and burners do not
comply with any hazardous waste regulations, including hazardous waste tank regulations!
However, if a used oil tank is underground and meets the UST criteria, then the tank is regulated
as a petroleum tank under Part 280.
Because used oil is not considered a hazardous waste, it is not part of a generator's monthly
hazardous waste count.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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Used Oil Burned for Energy Recovery (continued)
§266.43 Standards for Marketers (continued)
Use an invoice system for off-specification oil containing an invoice number,
the marketer's and the recipient's respective EPA identification numbers,
the name and address of both facilities, the quantity, the date and the
following statement: This used oil is subject to EPA regulation under 40
CFR Part 266.
Before initial shipment to any burner or other marketer, the first marketer
must obtain a certification stating that EPA has been notified of waste oil
activity, and that the recipient will only burn waste in an industrial furnace
or boiler.
Marketers of oils that meet specification must keep the analysis, the name
and address of the recipient, the quantity of fuel delivered, the date, and a
cross reference to the analysis for three years.
(ii) Marketers of off-spec oil must keep a copy of each invoice and
certification for three years.
§266.44 Standards for Burners
Burners must:
(a) Comply with §266.41(b) prohibition;
(b) Notify EPA of used oil activities, except burners who burn specification oils;
(c) Before accepting the first shipment of off-specification fuel, provide the marketer
with notification certifying that EPA knows of the burner's management activities,
and that the fuel will be burned only in a boiler or industrial furnace;
(d) Obtain analyses (or other information) that the oil meets the specification of
§266.40(e) if the burner treats off-specification oil by processing or other treatment;
and
(e) Keep a copy of each invoice, analysis, and certification for three years.
(4)
(5)
(6)
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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For Inspection Procedures, refer to first page of discussion for this subject heading.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^} contained herein.
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Recyclable Materials Utilized for Precious Metal Recovery
§266.70 Applicability and Requirements
(a) These regulations apply to recyclable materials that are reclaimed to recover
economically significant amounts of gold, silver, platinum, palladium, iridium,
osmium, rhodium, and ruthenium.
(b) Persons who generate, transport or store the above materials must:
(1) Notify EPA; and
(2) Comply with Subpart B of Part 262 (for generators); §§263.20 and 263.21
(for transporters); and §265.71 (use of the manifest system) and §265.72
(manifest discrepancies) to document that they are not accumulating
speculatively.
(c) Persons who store the above materials must keep the following records:
(1) Volume of material at beginning of each calendar year,
(2) Amount of materials generated or received during year; and
(3) Amount of materials remaining at the end of the year.
(d) Recyclable materials regulated under Subpart F that are accumulated speculatively
(§261.1 (c)) are subject to all provisions of Parts 262 through 265, 270, and 124.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Subpart F, Section 266.70
Kev Considerations:
. • Is the recyclable material being accumulated for speculative purposes?
• The recyclable materials will be subject to the generator export requirements under
Part 262.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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Reclamation of Spent Lead-Acid Batteries
§266.80 Applicability and Requirements
(a) Persons who generate, transport, or collect spent batteries, but do not reclaim them,
are not subject to these regulations.
(b) Owners/operators of facilities that store spent batteries before reclaiming must:
(1) Notify EPA; .
(2) Comply with all applicable provisions in Subparts A, B (but not waste
analysis), C, D, E (but not §§264.71 or 264.72) and F through L of Part 264;
(3) Comply with all applicable provisions in Subparts A, B (but not waste
analysis), C, D, E (but not §§265.71 or 265.72), and F through L of Part 265;
and
(4) Comply with all applicable provisions of Parts 270 and 124.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
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Inspection Procedures - Subpart G, Section 266.80
• Has a reclaiming facility that stores before reclaiming complied with the applicable parts of
Part 264?
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutory or
regulatory requirements are In any way. altered By any statements) contained herein.
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Hazardous Waste Burned in Boilers and Industrial Furnaces
§266.100 Applicability
(b) The following hazardous wastes and facilities are not subject to Subpart H
requirements:
(1) Used oil burned for energy recovery that is a hazardous waste solely because
it exhibits a hazardous characteristic.
(2) Gas burned for energy recovery that is recovered from a solid or hazardous
, waste landfill.
(3) Hazardous wastes that are exempt from regulation under §§261.4 and
261.6(a)(3)(v-viii), and §261.5 CESQG hazardous waste.
(4) Coke ovens burning only K087.
(c) (1) Owners/operators of smelting, melting, and refining furnaces (other than
owners/operators of lead or nickel-chromium recovery furnaces or metal
recovery furnaces that burn baghouse bags used to capture metallic dusts
emitted by steel manufacturing) that process hazardous waste solely for
metal recovery are conditionally exempt from §§266.102 through 266.111 but
must still comply with §§266.101 and 266.112. In order to be exempt from
the requirements of §§266.102 through 266.111, a facility must:
(i) Provide a one-time written notice of metal recovery activities and
written claim of the exemption;
(ii) Sample and analyze the hazardous waste and other feedstocks using
SW-846 methods or alternative methods which meet or exceed the
SW-846 performance levels. The methods used must be clearly noted
in all compliance documentation; and
(iii) Maintain records at the facility documenting compliance for at least
three years.
(2) A hazardous waste that meets either of the following criteria is not processed
solely for metal recovery:
(i) The hazardous waste has a total concentration of organic compounds
listed in Part 261, Appendix VIII, of this chapter exceeding 500 ppm
by weight, as fired, and is therefore considered to be bumed for
destruction. The concentration of organic compounds in the waste as
generated may be reduced to the 500 ppm limit by a bona fide
treatment but may not be diluted to reach the 500 ppm limit.
Dilution is prohibited and documentation that the waste has not
been impermissibly diluted must be retained; or
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutoiy or
regulatory requirements are in any way altered by any statement(s)contained herein.
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Inspection Procedures - Sections 266.100 and 266.101
Key Considerations:
• Are the waste and the unit subject to the requirements of this part?
• If the facility is claiming a conditional exemption as a smelting, melting, or refining furnace
(not including lead or nickel-chromium recoveiy furnaces or metal recovery furnaces
burning baghouse bags used to capture metallic dusts from steel manufacturing), is the
owner/operator able to provide:
(1) A one-time written notification to the Director?
(2) Records of hazardous waste sampling and analysis that demonstrate that:
(a) The concentration in the waste of organic compounds listed in Part 261,
Appendix VIII does not exceed 500 ppm as-fired, and
(b) . The waste displays a heating value of less than 5,000 Btu per pound as fired?
(3) Documentation that blending for dilution to meet the above criteria has not occurred?
(Only bona fide treatment that moves or destroys organic constituents is permissible.)
(4) Records for compliance with this section maintained on-site for at least three years?
• If the facility is claiming a conditional exemption as a lead or nickel-chromium recovery
furnace or a metal recovery furnace burning baghouse bags used to capture metallic dusts
emitted by steel manufacturing, is the owner/operator able to show compliance with the
following:
(1) Provision of a one-time notification to the Director?
(2) The hazardous wastes are listed in Appendix XI and XII of Part 266 or are baghouse
bags used to capture metallic dusts from steel manufacturing?
(3) The hazardous waste contains recoverable amounts of metals?
(4) The hazardous waste does not display the TC for any organic constituents?
(5) The hazardous waste is not listed in Part 261 Appendix VII for the presence of organic
constituents?
(6) Certification that the hazardous waste is being burned in accordance with
§266.100(c) (3)?
• If the facility is claiming a conditional exemption as a furnace engaged in precious metals
reclamation, is the owner/operator able to show compliance with the following?
Provision of a one-time notification to the Director?
Records of hazardous waste sampling and analysis to show that the waste contains
economically significant amounts of precious metals?
Records for compliance with this section maintained on-site for at least three years?
(1)
(2)
(3)
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
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Hazardous Waste Burned in Boilers and Industrial Furnaces (continued)
§266.100 Applicability (continued)
(ii) The hazardous waste has a heating value of 5,000 Btu/lb or more, as
fired, and so is considered a fuel. The heating value of the waste, as
generated, may be reduced below the 5,000 Btu/lb limit by bona fide
treatment, but may not be diluted to reach the limit. Dilution is
prohibited, and documentation that the waste has not been
impermissibly diluted must be retained.
(3) Owners/operators of lead or nickel-chromium recovery furnaces or metal
recovery furnaces that burn baghouse bags used to capture metallic dusts
emitted by steel manufacturing must provide a one-time written notice
Identifying each hazardous waste burned and specifying whether an
exemption for each waste is being claimed under this paragraph or
paragraph (c)(1).
(i) To qualify for an exemption the waste must be listed in Appendix XI
or XII of this part or be a baghouse bag and it must;
(A) Contain recoverable levels of metals;
(B) Not exhibit the Toxicity Characteristic for any organic
constituent;
(C) Not be listed in Part 261, Appendix VII because of an organic
constituent; and
(D) Be certified in a one-time notice that the waste will be
burned in accordance with (C)(3), and that sampling and
analysis will be conducted to ensure at least continued
compliance. Records shall be kept for three years.
(d) Standards for direct transfer operations under §266.111 are only applicable to
permitted or interim status facilities.
(e) Residue management standards under §266.112 apply to all boilers and industrial
furnaces.
(f) Precious metal recovery units are conditionally exempt from regulation under
Subpart H except for §266.112. In order to be exempt from §§266.101 through
266.111, an owner/operator must: -
(1) Provide a one-time written notice indicating that:
(i) The owner/operator claims exemption under this paragraph;
(ii) The hazardous waste is burned for legitimate recovery of precious
metal; and
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Hazardous Waste Burned in Boilers and Industrial Furnaces (continued)
§266.100 Applicability (continued)
(iii) The owner/operator will comply with the sampling, analysis, and
recordkeeping requirements of this paragraph;
(2) Using a SW-846 test method, or if none is available in SW-846, the best
alternative method available, sample and analyze the hazardous waste as
necessary to document that the waste is burned for recovery of economically
significant amounts of precious metal; and
(3) Maintain records documenting this claim at the facility for at least three
years.
§266.101 Management Prior to Burning
(a) & Generators, transporters, and storage facilities that manage hazardous waste that
(b) & is burned in a boiler or industrial furnace prior to burning are subject to full
(c) hazardous waste regulation.
(c) (2) On-site boilers or industrial furnaces meeting the criteria in §266.108 for the
small quantity burner (SQB) exemption may store hazardous waste and
primary fuel mixtures in tanks that feed directly to the burning unit without
complying with Subparts A-L of Parts 264 and 265 or with Part 270.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are in any way altered by any statements) contained herein.
No statutory or
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s)contained herein.
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OSWER Dir. No. 9938.02(b)
Hazardous Waste Burned in Boilers and Industrial Furnaces (continued)
§266.102 Permit Standards
This section applies to owners/operators of boilers and industrial furnaces that burn
hazardous waste for energy recovery which are not operating under interim status
and which are not exempt under the small quantity burner exemption. Except as
provided in this subpart, subparts A-H and BB of Part 264 are applicable.
Owners/operators must provide hazardous waste analysis using SW-846 methods or
alternative methods which meet or exceed the SW-846 performance levels. The
methods used must be clearly noted in all compliance documentation.
Owners/operators must comply with emission standards to control organic
emissions, particulate matter, metal emissions, and hydrogen chloride and chlorine
gas under §§266.104 through 266.107.
(1) The owner/operator may burn only hazardous wastes specified in the facility
permit and only under the operating conditions specified in paragraph (e),
except in approved trial bums.
(2) Hazardous waste not specified in the permit may not be burned until
operating conditions have been specified based on either trial burns or
alternative data.
(4) For new BIFs a permit must establish appropriate conditions for each of the
applicable requirements of this section, including but not limited to
allowable firing rates and operating conditions in paragraph (e), in order to
comply with the following standards:
(i) The trial burn may not exceed 720 operating hours and shall include
operating requirements most likely to ensure compliance with the
emissions standards of §§266.104 through 266.107, unless an
extension has been granted by the Director.
(il) For the duration of the trial bum, the operating requirements must
be sufficient to demonstrate compliance with the emissions standards
of §§266.104 through 266.107.
(iii) For the period immediately following the trial burn and only for the
minimum period to allow analysis, computation and review of the
results by the Director, the facility must operate under conditions
most likely to ensure compliance with tihe emissions standards of
§§266.104 through 266.107.
(iv) For the remaining duration of the permit, the facility operating
requirements must be those demonstrated in the trial burn.
(a)
(b)
(c)
(d)
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regulatory requirements-are in any way altered by any statements) contained herein.
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Inspection Procedures - Section 266.102
Key Considerations:
• Compliance with the following provisions of §264 should be verified:
- General (§264.4)
-- General facility standards (§§264.11 -264.18)
-- Preparedness and prevention (§§264.31-264.37)
- Contingency plan and emergency procedures (§§264.51-264.56)
-- Manifest system, recordkeeping and reporting requirements (§§264.71 -264.77)
Corrective action (§§264.90 and 264.101)
- Closure and post-closure (§§264.111 -264.115)
- Financial requirements (§§264-141, 264.142,264.143, 264.147-264.151) (Note: States and
the Federal Government are exempt from Subpart H requirements.)
-- Subpart BB (except §264.1050(a)).
• The facility's hazardous waste analyses in the Part B permit application (permitted
facilities) or trial burn plan (interim status facilities) should be reviewed to ensure that
appropriate Appendix VIII constituents have been identified and quantified and
explanations provided for the exclusion of constituents.
• Verify through sampling and analysis records that the facility is only burning those wastes
specified in its permit.
• Determine whether the time to reach operational readiness exceeded 720 hours.
• If the facility sought a waiver of the trial burn requirements, check to see that the facility's
eligibility for this waiver is documented and that there is evidence of the facility's
compliance with §§266.104 through 266.107 as an alternative to the trial burn
requirements.
• Verify that the actual trial burn operating parameters compliied with the facility's trial burn
plan. All trial burn requirements should be coordinated with the permit writer.
• Compare the facility's permit standards for metals, CO, HC, organics, HC1, C12 and
particulate matter emissions with its operating record to verify compliance with these
standards.
• Review the operating record for the following monitoring and inspection records:
-- Feed rates and composition of hazardous waste, other fuels and industrial furnace
feedstocks and feed rates of ash, metals, and total chloride and chlorine;
-- If specified by the permit, carbon monoxide, hydrocarbons and oxygen (in a continuous
basis at a common point in the boiler or industrial furnace downstream of the
combustion zone and prior to release of stack gases to the atmosphere in accordance
with operating requirements:
-- Sampling and analysis of the hazardous waste, residues and exhaust emissions; and
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or
regulatory requirements are in any way altered by any statements) contained herein.
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Hazardous Waste Burned in Boilers and Industrial Furnaces (continued)
§266.102 Permit Standards (continued)
(e) (1) A boiler or industrial furnace must be operated in accordance with the
standards specified in the permit at all times that hazardous waste is in the
unit. The operating requirements must include the following in (2) through
(11) below:
Requirements to ensure compliance with the organic emissions
standards for DRE standard, carbon monoxide arid hydrocarbon
standards, and start-up and shut-down of the boiler or industrial
furnace.
(3) Requirements to ensure conformance with the particulate standards.
(4) Requirements to ensure conformance with the metals emissions standards.
(5) Requirements to ensure conformance with the hydrogen chloride and
chlorine gas standards.
(6) Requirements for measuring parameters and establishing limits based on
trial burn data.
(7) General operating requirements for fugitive emissions, automatic waste feed
cutoff and changes in combustion properties or feed rates of the hazardous
waste.
Owners/operators must monitor and record the following, at a
minimum, while burning hazardous waste:
(A) If specified by the permit, feed rates and composition of
hazardous waste, other fuels and industrial furnace
feedstocks and feed rates of ash. metals, and total chloride
and chlorine.
(B) If specified by the permit, carbon monoxide, hydrocarbons
and oxygen on a continuous basis.
(C) If requested by the Director, sampling and analysis of the
hazardous waste, residues and exhaust emissions.
All monitors shall record data in units corresponding to the permit
limit, unless otherwise specified in the permit.
The boiler or industrial furnace and associated equipment, when
they contain hazardous waste, must be subjected to thorough visual
inspection at least daily for leaks, spills, fugitive emissions/and signs
of tampering/
(2) (i.ii.
iii)
(8) (0
(U)
(iii)
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regulatory requirements are in any way altered by any statements) contained herein.
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Inspection Procedures - Section 266.102 (continued)
Evidence of weekly testing of the automatic hazardous waste feed cutoff system and
associated alarms when hazardous waste is burned.
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regulatory requirements are in any way altered by any statements) contained Herein.
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Hazardous Waste Burned in Boilers and Industrial Furnaces (continued)
§266.102 Permit Standards (continued)
(iv) The automatic hazardous waste feed cutoff system and associated
alarms must be tested at least once every seven days, when
hazardous waste is burned, to verily operability, unless the applicant
demonstrates to the Director that weekly inspection will unduly
restrict operation. At a minimum, operational testing must be
conducted at least once every thirty days.
(v) Monitoring and inspection records required under §266.102(e) (8)
must be kept in the operating record.
(9) Direct transfer from a transport vehicle to a burner must be in compliance
with §266.111.
(10) Owners/operators must keep, in the operating record all information and
data until closure of the facility.
(11) All hazardous waste and hazardous waste residues must be removed from a
boiler and industrial furnace at closure.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
III-257
FOR USE BY EPA INSPECTION-PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER.Dir. No. 9938.02(b)
Hazardous Waste Burned in Boilers and Industrial Furnaces (continued)
§266.103 Interim Status Standards
(a) (1) (ii) An "existing" or "in existence" boiler or industrial furnace is one that
is either in operation burning or processing hazardous waste or one
for which construction has commenced on or before August 21, 1991.
(iii) If a boiler or industrial furnace is located at a facility that already
has a permit or attained interim status, the facility must comply
with the applicable regulations for permit modifications under
§270.42 or changes in interim status in §270.72.
(2) The requirements of this section do not apply to hazardous waste and
facilities operating boilers and industrial furnaces which are exempt under
§§266.100(b), (c), or (f), or 266.108.
(3) Interim status facilities may not burn hazardous listed wastes F020, F021,
F022, F023, F026, or F027 or wastes derived from them.
(4) Except as provided in this subpart, subparts A-H and BB of part 265 are
applicable to owners/operators of boilers and industrial furnaces.
(5) Special controls specified apply to furnaces that feed hazardous waste for a
purpose other than solely as an ingredient at any location other than the hot
end where products are normally discharged or where fuels are normally
fired.
(6) Prior to certification of compliance, owners/operators shall not feed
hazardous waste in a boiler or industrial furnace that has a heating value
less than 5,000 Btu/lb as-generated (except that the heating value of a waste
as-generated may be increased to above the 5,000 Btu/lb limit by bona fide
treatment; blending is not bona fide treatment in this case; records must be
kept to document that no impermissible dilution has occurred), except under
the following circumstances: •
(i) When burning waste solely as an ingredient;
(ii) When burning for compliance testing for a period not to exceed 720
hours;
(iii) When prior to August 21, 1991, the boiler or industrial furnace was
operating under interim status standards for incinerators (Part 265,
Subpart O) or interim status standards for thermal treatment units
(Part 265, Subpart P); or
(iv) When burning in a halogen acid furnace if the waste was burned as
an excluded ingredient under §261.2(e) prior to February 21, 1991
and documentation of this claim is kept on file.
III-258
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Section 266.103
Kev Considerations:
• Does the facility meet the definition of "existing" or "in existence"?
-- Was the facility in operation burning or processing hazardous waste on or before August
21, 1991?
-or-
~ Had construction of the facility commenced on or before August 21, 1991, as defined in
§260.10?
• Has an interim status facility complied with the prohibition against burning listed dioxin or
dioxin-derived wastes?
• Did the facility meet the August 21, 1991 deadline for certification of precompliance and
does the certification contain the required information as specified in 266.103(b)(2) including
a statement of precompliance signed by the o/o?
• If the facility has conducted a compliance.test, did the facility submit a certification of
compliance within ninety days of completing the test? Verify the facility's compliance with
the operating parameters it established during the compliance test.
• If the facility did not submit a complete certification of compliance by August 21, .1992, does
the operating record reflect compliance with one of the options provided in §266.103(c) (7)?
• Has the facility submitted a revised certification of compliance? If so, the operating record
should reflect compliance with §266.103(c)(8).
» Do all burning devices have an automatic waste feed cutoff system? Are fugitive emissions
from the combustion zone being controlled?
Verify compliance with the following provisions of §265:
• General (§265.4)
• General facility standards (§§265.11-265.17)
• Preparedness and prevention (§§265.31-265.37)
• Contingency plan and emergency procedures (§§265.51-265.56)
• Manifest system, recordkeeping and reporting requirements in §§265.71-265.77 except
§§265.71,265.72 and 265.76 do not apply to owners/operators of on-site facilities that do not
receive any hazardous waste from off-site sources
• Closure and post-closure (§§265.111 -265.115)
• Financial requirements (§§265.141, 265.142, 265.143, and 265.147-265.151)
• Subpart BB (except §265.1050(a)).
• Remember: Review the hazardous waste sampling and analysis records to determine if the
waste is being burned for a purpose other than solely as an ingredient. If so, the special
requirements of §266.103(a)(5) apply.
III-259
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Hazardous Waste Burned in Boilers and Industrial Furnaces (continued)
§266.103 Interim Status Standards (continued)
(7) Direct transfer of wastes from a transport vehicle to a boiler or industrial
furnace must meet the criteria of §266. 111.
(b) (1) Owners/operators must submit certification of precompliance to the Director
on or before August 21, 1991. This certification must demonstrate that
emissions of particulate matter, metals, HC1, and C12 are not likely to exceed
any applicable limits provided in §§266.105, 266.106, and 266.107.
Owners/operators may burn hazardous waste only under the operating
conditions established in the certification of precompliance.
(2) Owners/operators must supply the general facility information in the
certification of precompliance.
(3) Owners/operators must establish the following limits on operating
conditions: feed rate of hazardous waste, metals* chlorine and chloride in
total feed streams; total feed rate of ash in total feed streams; and maximum
production rate of the device.
(4) Furnaces which recycle particulate matter and which will certify compliance
with metals emissions must comply with special operating requirements in
in Appendix IX in"Alternative Methodology For Implementing Metals
Controls."
(5) (i) Owners/operators may choose either the instantaneous or hourly
rolling average limit methods for measurement of feed rates and
production rate.
(ii) Owners/operators may establish feed rate limits for carcinogenic
metals and lead on an hourly rolling average basis.
(iii) Feed rate limits for metals, total chlorine and chloride and ash are
established and monitored by knowing the substance in each feed
stream and the flow rate of the feed stream.
(6) Owners/operators must have submitted a public notice of precompliance in a
major local newspaper on or before August 21, 1991.
(7) Operating parameters listed in paragraphs (c)(l)(v) through (viii) shall be
continuously monitored and records shall be maintained in the operating
record as appropriate.
(8) Owners/operators may revise the certification of precompliance by
submitting a revised certification; the facility must operate within the
original operating parameters until a revised certification is submitted or a
certification of compliance is submitted. The public notice requirements of
paragraph (b)(6) do not apply to recertlfications.
III-260
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance; No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Section 266.103 (continued)
• If the facility's boiler or industrial furnace does not meet the exemption criteria of
§266.103(a)(6)(i-iv), review the operating record to verify that:
1) All hazardous waste fed into the boiler or industrial furnace has an as-generated
heating value of greater than 5,000 Btu/lb; and
2) If the waste has been treated to increase the waste's heating value, this treatment is
bona fide and records documenting that no impermissible dilution has occurred are kept.
;• Verify that the facility provided public notice of precompliance on or before August 21, 1991,
including locations where the record for the facility can be viewed and copied.
• The facility must maintain a BIF Correspondence File on-site containing all correspondence
between the facility and the Director and State and local regulatory officials, including:
1) Copies of all certifications and notifications;
2) Time extension requests and approvals or denials;
3) Enforcement notifications of violations; and
4) Copies of EPA and State site-visit reports submitted to the owner/operator.
• Verily that the facility has completed recertification eveiy three years.
• Review the operating record for evidence of the facility's continuous monitoring of its
required operating parameters, including the following:
Total hazardous waste feed rate ,
Total feed rates of metals, hydrogen chloride, chlorine gas, and ash
Carbon monoxide concentration and, where required, hydrocarbon concentration in
stack gas
Maximum production rate
Maximum combustion chamber temperature
Maximum flue gas temperature
Operating requirements for pollution control devices including wet scrubbors, venturl
scrubbers, dry scrubbers, wet ionizing scrubbers, and fabric filters.
III-261
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s) contained herein.
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OSWER Dir. No. 9938.02(b)
Hazardous Waste Burned in Boilers and Industrial Furnaces (continued)
§266.103 Interim Status Standards (continued)
(9) Owners/operators shall include a statement of precompliance, as specified in
this paragraph, in the certification of precompliance.
(c) Owners/operators shall conduct emissions testing to document compliance with
emissions standards. On or before August 21, 1992, the owner/operator shall submit
a certification of compliance establishing limits on the operating parameters.
(1) The boiler or industrial furnace must be operated in accordance with the
operating limits and emissions standards established during the compliance
test until an operating permit is issued.
(2) At least thirty days before compliance testing will be conducted,
owners/operators must notify the Director.
Compliance testing must be conducted under conditions for which
the owner/operator has submitted a certification of precompliance
and under conditions established in the notification of compliance
testing. The owner/operator may seek approval on a case by case
basis to use compliance test data from one unit in lieu of testing a
similar on-site unit if the supporting information, required under
piaragraph (c)(2) of this section, is provided to the Director.
Facilities operating industrial furnaces that recycle particulate
matter from the air pollution control system must comply with
procedures to determine compliance with metal standards.
If compliance with emissions standards is not demonstrated during a
set of test runs, an additional set of test runs shall be conducted
under operating conditions as close as possible to the original
operating conditions.
(4) Owners/operators must certify compliance within ninety days of completing
compliance testing.
(5) If an owner/operator must comply with hydrocarbon controls, a conditioned
gas monitoring system may be used, provided that the owner/operator
submits a certification of compliance without using extensions of time.
(6) Industrial furnaces recycling collected particulate matter must comply with
the operating requirements prescribed in "Alternative Method to Implement
the Metals Controls" or paragraph (c)(3)(ii)(B).
(3) (i)
(ii)
(iii)
IH-262
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
III-263
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Hazardous Waste Burned in Boilers and Industrial Furnaces (continued)
§266.103 Interim Status Standards (continued)
(7) (i) If certification of compliance is not submitted by August 21, 1992, the
owner/operator must do one of the following:
(A) Stop burning hazardous waste and begin closure for the
hazardous waste portion of the facility;
(B) Limit hazardous waste burning for purposes of compliance
testing to a total period of 720 hours beginning August 21,
1992, submit notification by August 21, 1992 that the facility
is operating under restricted interim status and that it
intends to resume burning of hazardous waste, and submit a
certification of compliance by August 23, 1993;
(C) Obtain a case-by-case extension under (c) (7) (ii).
(8) A revised certification of compliance may be submitted at any time. Test
burning at operating limits exceeding those in the original certification for
recertification purposes may not exceed a period of 720 hours. The facility
must submit the revised certification at least 30 days prior to operating at
limits which exceed those established in the original certification.
(d) Recertification shall occur every three years.
(e) If the owner/operator does not comply with the interim status compliance schedule,
including certification of precompliance, certification of compliance, and
recertification, hazardous waste burning must ciease on the date that the deadline is
missed. Closure activities must begin and hazardous waste burning may not resume
except under an operating permit. The "known volume of hazardous waste" has
been received on the date that the deadline is missed.
(f) Hazardous waste (except waste fed solely as an ingredient under the Tier I feed rate
screening limits) shall not be fed into a device during start-up or shut-down
operations unless the device is operating within the operating conditions in the
certification of compliance.
(g) Boilers and industrial furnaces must be equipped with automatic waste feed cutoff
systems.
(h) Fugitive emissions from the combustion zone must be controlled.
(i) Hazardous waste burning must cease when changes in combustion properties, feed
rates, or boiler or industrial furnace design or operating conditions occur.
III-264
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered byany statements) contained herein.
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
III-265
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^)contained herein.
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OSWER Dir. No. 9938.02(b)
Hazardous Waste Burned in Boilers and Industrial Furnaces (continued)
§266.103 Interim Status Standards (continued)
(j) (1) Owners/operators must monitor the following:
Feed rates and composition of hazardous waste, fuels, and
feedstocks;
Carbon monoxide, oxygen and hydrocarbons; and
Upon request of the Director, sample and analyze the hazardous
waste and stack gas emissions.
(2) At least daily, the owner/operator must conduct visual inspections of the BIF
and associated equipment, looking for leaks, spills, fugitive emissions, and
tampering.
(3) The automatic feed cutoff system and associated alarms must be tested at
least every seven days when hazardous waste is burned, to verify operability
unless the testing will unduly restrict or upset operations. If less frequent
testing is conducted, support for the demonstration of adequacy must be
included in the operating record. .
(4) The above monitoring and inspection records must be kept in the operating
log.
(k) All compliance documentation must be kept in the facility operating record until
closure of the boiler or industrial furnace.
0) All hazardous waste and hazardous waste residues must be removed from the boiler
or industrial furnace at closure, and the owner/operator must comply with
§§265.111-265.115.
III-266
FOR USE BY EPA INSPECTION PERSONNEL ONLY.- This manual is intended solely forguidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
III-267
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutoiy or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Hazardous Waste Burned in Boilers and Industrial Furnaces (continued)
§266.104 Standards to Control Organic Emissions
(a) (1) Except as provided in paragraph (a)(3) below, a destruction and removal
efficiency (DRE) of 99.99% must be achieved; this standard must be achieved
during a trial burn for each designated principal organic hazardous
constituent.
(3) A DRE of 99.9999% for each POHC must be achieved when burning waste
containing or derived from F020, F021, F022, F023, F026, or F027, and the
DRE must be demonstrated on POHCs that are more difficult to burn than
dioxins. The Director must be notified of a facility's intent to burn dioxin-
listed wastes.
(4) Owners/operators under §266.110 are considered to be in compliance with
-the DRE standards and are exempt from the DRE trial burn requirement.
(5) Owners/operators under §266.109 are considered to be in compliance with
the DRE standards and are exempt from the DRE trial bum.
(b) (1) The stack gas concentration of carbon monoxide cannot exceed 100 ppmv on
an hourly rolling average basis, corrected to 7% oxygen except as provided in
(c);
(2) CO monitored in conformance with Appendix IX;
(3) Compliance with this standard must be demonstrated during the trial burn
or the compliance test.
(c) The stack gas concentration of carbon monoxide from a boiler or industrial furnace
may exceed the 100 ppmv limited provided that stack gas concentration of
hydrocarbons does not exceed 20 ppmv, except as provided by paragraph (Ł) below.
(d) Owners/operators of industrial furnaces that feed hazardous waste for a purpose
other than solely as an ingredient at any location other than the end where products
are normally discharged and where fuels are normally fired must comply with the
hydrocarbon limits irrespective of whether the stack gas CO concentrations meet the
100 ppmv limit.
(e) For boilers and industrial furnaces with dry particulate matter control devices
operating within the temperature range of 450-750, the dioxin and furan emissions
may not exceed an increased lifetime cancer risk to the maximum exposed
individual of 1 in 100,000.
(1) For industrial furnaces that cannot meet the 20 ppmv hydrocarbon limit because of
organic matter in normal raw material, the Director may establish an alternative
hydrocarbon limit provided the conditions in this paragraph are met.
(g) Cement kilns may comply with the carbon monoxide and hydrocarbon limits
provided by paragraphs (b), (c), and (d) of this section by monitoring in the by-pass
duct, provided that conditions in this paragraph are met.
III-268
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^ contained Herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures • Sections 266.104 and 266.105
Remember:
• Verify compliance with the organic emissions standards for destruction and removal
efficiency and carbon monoxide according to either the permitted or interim status
requirements as discussed in the previous section.
• Verify compliance with the particulate matter standards.
Compliance with Destruction and Removal
Efficiency Standards (§266.104(a))
General
Dioxins
Standard
99.99%
99.9999%
Compliance
Requirements
Demonstrated during trial
burn for each principal organic
hazardous constituent
designated in the permit for
each waste stream (for
permitted facil ities only).
Must notify Director of intent to burn
hazardous wastes F020, F021, F022, F023,
F026, or F027. DRE must be demonstrated
on a more difficult to burn POHC.
Additional Requirement: BIFs with
particulate matter control devices operating
in the temperature range of 450° - 750° F and
industrial furnaces operating under an
alternative hydrocarbon limit must conduct
stack testing and site-specific dispersion
modeling to demonstrate that the estimated
increased lifetime cancer risk to the MEI is
less than one in 100,000.
Exemptions
Boilers operating under §266.110 or Boilers and Industrial Furnaces operating
under §266.109(a) are exempt from the DRE Trial Bum
III-269
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Hazardous Waste Burned in Boilers and Industrial Furnaces (continued)
§266.104 Standards to Control Organic Emissions (continued)
(h) Compliance with the requirements of this section must be demonstrated
simultaneously by emission testing or during separate runs under identical
operating conditions.
(i) For purposes of permit enforcement, compliance with the operating requirements
will be regarded as compliance with this section.
§266.105 Standards to Control Particulate Matter
(a) Boilers or industrial furnaces may not emit particulate matter in excess of 180
milligrams per dry standard cubic meter after correction to a stack gas
concentration of 7% oxygen.
(b) Owners/operators meeting the requirements of §266.109(b) for the low risk waste
exemption are exempt from the particulate matter standard.
(c) For purposes of permit enforcement, compliance with the operating requirements
will be regarded as compliance with this section.
III-270
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatoiy requirements are In any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Sections 266.104 and 266.105 (continued)
Compliance with CO and HC Emissions Standards
*Cement kilns monitoring CO and HC in by-pass duct are not eligible
for the alternate HC limit.
Compliance with Particulate Matter Standards (§266.105)
Emissions
Standard:
Less than or equal to 180 mg/dscm (.08 gr/dscf)
after correction to 7% O2
Test Method:
• 40 CFR 60 Appendix A, Methods 1 through 5
• Appendix IX §266
Exempt
Facilities:
Facilities meeting low-risk waste exemption
under §266.109(6)
III-271
FOR USE BY EP A INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Hazardous Waste Burned in Boilers and Industrial Furnaces (continued)
§266.106 Standards to Control Metals Emissions
(a) Owners/operators must comply with metal standards provided by paragraphs (b),
(c), (d), (e). or (0 below for each metal listed in paragraph (b).
(b) Tier I owners/operators must comply with the feed rate screening limits in Appendix
I as a function of terrain-adjusted effective stack height, terrain, and land use in the
vicinity of the facility.
Multiple stack facilities must assume all hazardous waste is fed into the
worse-case stack based on dispersion characteristics;
If any criteria in (b)(7) are met, the Tier I and Tier II limits do not apply, the
owner/operator must comply with Tier III or the adjusted Tier I screening
limits provided in (e).
The feed rate of metals in each stream must be monitored to ensure that feed
rate limits are not exceeded.
(c) Tier II owners/operators must comply with the emission rate screening limits in
Appendix I as a function of terrain-adjusted effective stack height, terrain, and land
use in the vicinity of the facility.
(5) Multiple stack facilities must assume all hazardous waste is fed into the
worse-case stack based on dispersion characteristics.
(d) Tier III or Adjusted Tier I owners/operators must control metals emissions through
emissions testing, air dispersion modeling to predict the maximum annual average
off-site ground level concentration for each metal, and a demonstration that
acceptable ambient levels are not exceeded.
(5) Multiple stack facilities (except Adjusted Tier I facilities) must conduct
emissions testing and dispersion modeling to demonstrate that the aggregate
emissions from all such on-site stacks do not result in an exceedance of the
acceptable ambient levels.
(6) The feed rate of metals in each feed stream must be monitored to ensure that
the feed rate limits for the feed streams specified under §§266.102 or 266.103
are not exceeded.
(e) Owners/operators may adjust the feed rate screening limits provided by Appendix I
to account for site-specific dispersion modeling.
(f) The Director may approve approaches to implement the Tier II or Tier III metal
emission limits provided by paragraphs (c) or (d) as alternatives to monitoring the
feed rate of metals in each feed stream.
(i) For purposes of permit enforcement, compliance with the operating requirements
will be regarded as compliance with this section.
III-272
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
(6)
(7)
(8)
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Sections 266.106 and 266.107
Summary of Options for Compliance with
Metal Emissions Standards (§266.106)
Compliance
by:
Standards
-based on:
Ineligible
facilities:
Tier I (8266.106(b))
Tier II (3266.106(c))
Tier III (§266.106(d))
Feed rate screening
Emissions testing
Emissions testing
• Sampling and analysis
• Flow rate monitoring
of each feed stream
• Terrain-adjusted
effective stack height
• Land use
• Worst-case dispersion
scenarios
Allowances for
partitioning of metals,
removal of metals by air
pollution control system,
site-specific dispersion
modelling
Those With dispersion
characteristics which
provide worse dispersion
than those used to
calculate screening limits
Those with dispersion
characteristics which
provide worse dispersion
than those used to
calculate screening limits
None
III-273
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Hazardous Waste Burned in Boilers and Industrial Furnaces (continued)
§266.107 Standards to Control Hydrogen Chloride (HC1) and Chlorine Gas (C12)
Emissions
(a) Owners/operators must comply with HC1 and G12 controls set forth in paragraphs
(b), (c), or (e) below.
Tier I operators must comply with the feed rate screening limits in Appendix
II as function of terrain-adjusted effective stack height, terrain, and land use
in the vicinity of the facility.
Tier II operators must comply with the feed rate screening limits in
Appendix II as function of terrain-adjusted effective stack height, terrain,
and land use in the vicinity of the facility.
Owners/operators of facilities with more than one on-site stack from a unit
subject to HC1 or C12 emissions must comply with the Tier I and Tier II
screening limits for those stacks assuming that all hazardous waste is fed
into the device with the worst-case stack based on dispersion characteristics.
(ii) Under Tier I the total feed rate of chlorine and chloride to all devices
subject to these controls shall not exceed the screening limit for the
worst-case stack.
(iii) Under Tier II the total emissions of HC1 and C12 from all stacks
subject to these controls shall not exceed the screening limit for the
worst-case stack.
(c) Tier III owners/operators must demonstrate compliance by emissions testing to
determine the emission rate for HC1 and C12, air dispersion modeling to predict the
maximum annual average off-site ground level concentration for each compound,
and a demonstration that acceptable ambient levels are not exceeded.
(3) Owners/operators of facilities with more than one on-site stack from a device
subject to controls on HC1 or C12 emissions must conduct emissions testing
and dispersion modeling to demonstrate that the aggregate emissions from
all such on-site stacks do not result in an exceedance of the acceptable
ambient levels for HC1 and C12.
(e) Owners/operators complying with the Tier I feed rate screening limits may adjust
these limits to account for site-specific dispersion modeling. The adjusted feed rate
limits are established by back-calculating from the acceptable ambient level for C12
using dispersion modeling to determine the maximum allowable emission rate.
(h) Compliance with the operating requirements specified in a facility's permit will be
regarded as compliance with this section. A permit may be modified, revoked or re-
issued if the operating parameters specified in the permit are insufficient to ensure
compliance with this section.
(b) (1)
(2)
(4)
III-274
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Sections 266.106 and 266.107 (continued)
Remember:
• Verify compliance with the metals emissions standards according to either permitted
conditions or interim status requirements discussed in previous sections.
• Verify compliance with the hydrochloric acid and chlorine gas emissions standards
according to permitted, or interim status requirements.
Compliance with HC1 and C12 Emissions (§266.107)
Compliance
by:
Standards
based on:
Parameters:
Multiple
Stacks:
Tier I
Tiern
Tier III
Feed rate screening limits
for total chlorine
Emission rate screening
limits for HC1 and CI2
during trial burn/
compliance test
• Emissions testing
• Air dispersion
modelling
• Demonstration that
acceptable ambient
levels have not been
exceeded during trial
burn/ compliance test
• Terrain adjusted
effective stack height
* Terrain and land use
in vicinity of the
facility
• Terrain adjusted
effective stack height
• Terrain and land use
in vicinity of the
facility
Predicted maximum
annual average off-site <
ground level
concentration for each
compound
Feed rate of total chlorine
and chloride (organic and
inorganic) in all feed
streams must not exceed
levels in Appendix II
Stack emission rates shall
not exceed Appendix III
levels
May not exceed
acceptable ambient levels
Feed rate of total chlorine
and chloride (organic and
inorganic) in all feed
streams must not exceed
levels in Appendix II
Stack emission rates shall
not exceed Appendix III
levels
Aggregate emissions from
on-site stacks do not
exceed acceptable
ambient levels
III 275
FOR USE BY EPA INSPECTION PERSONNEL ONLY, tills manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Hazardous Waste Burned in Boilers and Industrial Furnaces (continued)
§266.108 Small Quantity On-Site Burner Exemption
(a) SQBs that bum hazardous waste on-site in boilers or industrial furnaces are exempt
from the emissions standards for boilers and industrial furnaces if the following
requirements are met:
(1) The quantity of hazardous waste burned for a calendar month does not
exceed the limits provided in the §266.108 table based on the terrain-
adjusted effective stack height;
(2) The hazardous waste firing rate does not exceed at any time 1 percent of the
total fuel requirement for the device on a total heat input or mass input
basis, whichever results in the lower mass feed rate of hazardous waste;
(3) The hazardous waste has a minimum heating value of 5,000 Btu/lb as
generated; and
(4) The hazardous waste fuel does not contain and is not derived from F020,
F021, F022, F023, F026, or F027.
(b) If a hazardous and non-hazardous waste is mixed, the quantity of hazardous waste
before mixing is used for quantity determinations in paragraph (a).
(c) If an owner/operator burns hazardous waste in more than one on-site boiler or
industrial furnace, quantity limits are calculated by the equation in this paragraph.
(d) SQBs must provide a one-time written notification of burning activities to the EPA.
(e) Owners/operators must maintain documentation of the facility's eligibility for this
exemption for at least three years. At a minimum, these records must include the
quantity of hazardous waste and other fuel bumed per month, and the heating
value of the hazardous waste.
§266.109 Low-Risk Waste Exemption
(a) (1) The DRE standard of §266.104(a) does not apply if the BIF is operated under
the following conditions:
(i) The fuel burned is at minimum 50% fossil fuels, fuels derived from
fossil fuels, tall oils, or, if approved by the Director, other
nonhazardous fuel; the 50% primary fuel firing rate shall be
determined on a total heat or mass input basis, whichever results in
the greater mass feed rate of primary fuel fired;
(ii) The fuels have a minimum as-fired heating value of 8,000 Btu/lb.;
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Sections 266.108, 266.109, and 266.110
Remember:
• If the facility is claiming a SQB exemption, check the operating record to verify that the
quantity of waste burned at the facility in a month does not exceed the levels provided in
the table in §266.108 and that the boiler or industrial furnace is operated within the
parameters specified for small quantity burners.
• Check whether the facility submitted a one-time notification to the Director.
• Check sampling and analysis records to verify minimum Btu value of waste.
• Records documenting compliance with §266.108 should have been kept on-site for a
minimum of three years.
• Verily that a facility claiming a low-risk waste exemption or a waiver of the DRE trial
burn requirement has met the criteria for these exemptions.
• If an owner/operator of a boiler is claiming a waiver of the DRE trial burn requirements,
confirm through inspection of the operating record that the facility has met the
requirements of §266.110.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY.: This manual is Intended solely for guidance.
; regulatory requirements are In any way altered by any statements) contained herein.
No statutory or
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OSWER Dir. No. 9938.02(b)
Hazardous Waste Burned in Boilers and Industrial Furnaces (continued)
§266.109 Low-Risk Waste Exemption (continued)
(iii) The hazardous waste is fired directly into the primary fuel flame
zone; and
(iv) The device complies with the CO emissions standards.
(2) The owner/operator must demonstrate that the hazardous waste burning
will not pose unacceptable adverse risk to the public using one of these
procedures: calculating reasonable, worst case emission rates; using
emission dispersion modeling; and predicting the maximum annual average
ground, level concentration of the constituent.
(b) The particulate matter standard of §266.105 may be waived if the DRE standard of
paragraph (a) is waived and the owner/operator is complying with Tier I or adjusted
Tier I metals feed rate screening limits.
§266.110 Waiver of DRE Trial Burn for Boilers
Boilers that operate under the requirements of this section, and do not bum F020, F021,
. F022, F023, F026, or F027 waste, or waste derived therefrom, are considered to be in conformance
with the DRE standard of §266.104(a) and a trial burn to demonstrate DRE is waived if:
(a) A minimum 50% of the fuel fired is fossil fuel, fuels derived from fossil fuel, tall oil,
or, if approved by the Director, other nonhazardous fuel; the 50% primaiy fuel firing
rate shall be determined on a total heat or mass input basis, whichever results in
the greater mass feed rate of primary fuel fired;
(b) The boiler load shall not be less than 40 percent;
(c) Primary fuels, hazardous waste fuels, and each material fired in a burner where
hazardous waste is fired must have a minimum as-flred heating value of 8,000
Btu/lb;
(d) .CO standards of §266.104(b)(1) are met;
(e) The boiler must be a watertube type and stoker or stoker-type mechanism is used;
(f) The hazardous waste is fired directly into the primary fuel flame zone with an air or
steam mechanical or rotary cup atomization system.
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FOR USE BY EPA INSPECTION PERSONNEL ONI .Y. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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For Inspection Procedures, refer to first page of discussion for this subject heading.
III-279
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Unintended solely for guidance. No statutory or
regulatory requirements are..-In any..way altered.by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Hazardous Waste Burned in Boilers and Industrial Furnaces (continued)
§266.111 Standards for Direct Transfer
(a) The regulations in this section apply to owners/operators of boilers and industrial
furnaces if hazardous waste is directly transferred from a transport vehicle to a
boiler or industrial furnace.
(c) Direct transfer equipment must be operated in a manner which prevents
uncontrolled releases of hazardous waste.
(d) Direct transfer areas must be in compliance with §264.175 (containment), §265
Subpart I (containers, except §§265.170 and 265.174); in lieu of the special
requirements of §265.176 for ignitable or reactive wastes, the owner/operator may
comply with the requirements of §265.198(b) for the maintenance of protective
distances between the waste management area and any public ways, streets, alleys
or adjacent property line that can be built upon; the owner/operator must obtain and
keep on file at the facility a written certification by the local Fire Marshall that the
installation meets the subject NFPA codes.
(e) (1) Direct transfer equipment must have secondary containment in compliance
with §265.193 except for §§265.193(a),(d),(e),and(i), as follows:
New direct transfer equipment, prior to service.
Existing direct transfer equipment by August 21,1993.
For existing direct transfer equipment that does not have secondary
containment, the owner/operator shall determine whether it is
leaking or unfit for use. A written assessment, reviewed and
certified by a qualified, registered professional engineer, shall attest
to the integrity by August 21,1992.
At minimum, this assessment shall consider: design standards,
hazardous characteristics of the waste(s) handled, existing corrosion
protection, age or estimate of age, and results of leak testing.
If the equipment is found to be leaking or unfit for use, the
owner/operator shall comply with §§265.196 (a) and (b).
Direct transfer equipment must be inspected at least once each
operating hour by the owner/operator while hazardous waste is being
transferred: overfill/spill control equipment, aboveground portions of
equipment, monitoring and leak detection equipment, and cathodic
protection, if used.
(iii) Records of inspection shall be maintained in the operating records
and be available for at least three years.
(0
(W)
(2) (9
00
(iii)
/
(3) (i, ii)
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
Inspection Procedures - Sections 266.111 and 266.112
Kev Considerations:
• Are the containers that are being used in a direct transfer operation closed? Has the facility
met the applicable requirements of Parts 264 and 265. Subparts I and J?
• Does the direct transfer equipment have secondary containment? If the facility's direct
transfer equipment was in existence as of August 21, 1991, did it have secondaiy
containment by August 21, 1993?
Verify that by August 21, 1992, the facility had on record a written assessment reviewed
and certified by a qualified, registered professional engineer that attests to the existing equipment's
integrity. Check for transfer equipment inspection records in the operating record.
Review the facility's closure plan to determine whether it is In compliance with the
requirements of §265.197 (except (c)(2) through (c)(4)).
If the owner/operator is claiming an exemption from the management of residues as
hazardous waste, verify that the following criteria for boilers, ore or mineral furnaces or cement
kilns are met and that the necessaiy comparisons of waste-derived residues and normal residues
have been made using the designated techniques:
1) Boilers are burning at least 50% coal
2) Ore/mineral furnaces: 50% of processed material is non-hazardous raw materials
3) Cement kilns: 50% of feed is normal cement-production raw material.
Review the facility sampling and analysis data to check the concentration of hazardous
constituents in waste-derived residue and comparison with normal residue.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by anystatement(s)contained herein. .
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OSWER Dir. No. 9938.02(b)
Hazardous Waste Burned in Boilers and Industrial Furnaces (continued)
§266.111 Standards for Direct Transfer (continued)
(4) Direct transfer ancillary equipment must be operated in compliance with
section §265.192.
(5) Leak and spill response must be in compliance with §265.196.
(6) Closure must be conducted in compliance with §265.197, except (c)(2)
through (c)(4).
§266.112 Regulation of Residues
Residue derived from burning or processing of hazardous waste is not excluded from the
definition of hazardous waste under §261.4(b)(4), (7), or (8), unless the following requirements are
met:
(a) (1) Boilers must burn at least 50% coal on a total heat input or mass input basis,
whichever results in the greater mass feed rate of coal.
(2) For ore and mineral furnaces, when at least 50% by weight of the processed
material is non-hazardous raw materials.
(3) For cement kilns, when at least 50% by weight of the feed is normal cement-
production raw materials.
(b) Owners/operators must demonstrate that hazardous waste does not significantly
affect residue using either of the criteria below:
(1) Comparison of waste-derived residues with normal residues which
demonstrate that no significant differences exist between chemical
constituents; or
(2) Comparison of waste-derived residues with health-based limits for metal and
non-metal constituents or the level of detection for non-metals, whichever is
higher.
(c) (1) & Records sufficient to demonstrate compliance must be retained until
(2) closure of the boiler or industrial furnace unit. At a minimum, the following
shall be recorded: level of constituents in waste-derived residues; level of
constituents in norma] residues; and data to determine if changes in raw
materials of fuels would reduce toxic constituents of concern in the normal
residue.
Ill 282
FOR USE BY EPA INSPECTION PERSONNEL ONLY; This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s) contained herein.
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OSWER Dir. No. 9938.02(b)
For Inspection Procedures, refer to first page of discussion for this subject heading.
III-283
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Applicability and Dilution Prohibition
§268.1 Purpose, Scope and Applicability
(a) This part identifies wastes that are restricted from land disposal and defines those
circumstances under which an otherwise prohibited waste may still be land
disposed.
(b) The LDR requirements apply to hazardous waste generators and transporters, and
owners/operators of hazardous waste TSDFs, except as specifically provided
otherwise in Part 268 or Part 261.
(c) The following are cases in which restricted wastes may be land disposed:
(1) The wastes meet the applicable treatment standards specified in Subpart D
of this part;
(2) Persons have been granted an exemption from a prohibition pursuant to a
petition under §268.6, with respect to those wastes and units covered by the
petition;
(3) The wastes meet the applicable alternate treatment standards established
pursuant to a petition granted under §268.44; or
(4) Persons have been granted an extension to the effective date of a prohibition
pursuant to §268.5, with respect to those waste covered by the extension.
(5) Characteristic wastes that no longer exhibit a characteristic at the point of
disposal, and are destined for a nonhazardous or hazardous injection well, a
Clean Water Act (CWA) discharge, or a zero discharge system engaged in
CWA-equivalent treatment.
(e) The following wastes are not subject to LDR:
(1) Wastes generated by conditionally exempt small quantity generators (less
than or equal to 100 kg of non-acute hazardous waste or less than or equal to
1 kg of acute hazardous waste per month);
(2) Waste pesticides that a farmer disposes of pursuant to §262.70;
(3) Wastes identified or listed after November 8, 1984 for which no treatment
standards have been promulgated; and
(4) De minimis losses of characteristic wastes to wastewaters, including
laboratory wastes.
(f) Universal waste handlers and transporters are exempt from §§268.7 and 268.50.
III-284
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutoiy or
regulatory requirements are in any way altered by any statement^) contained herein.
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TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
. REQUIREMENTS (Revised August 1998)
Applicability and Dilution Prohibition (continued)
§268.3 Dilution Prohibited as a Substitute for Treatment
(a) No one shall in any way dilute a restricted waste, or residual from treatment of a
restricted waste, as a substitute for adequate treatment to achieve compliance with
Subpart D, to circumvent effective dates, or to circumvent a statutory prohibition
under RCRA §3004.
(b) Dilution of wastes that are hazardous only because they exhibit a characteristic in a
treatment system which subsequently discharges pursuant to a permit issued under
§402 of the CWA; or pretreatment of waste discharged under §307 of the CWA; or
dilution of D003 reactive cyanide waste is permissible unless a method of treatment,
other than DEACT (deactivation), is specified as the treatment standard in §268.40,
or unless the waste is D003 reactive cyanide wastewater or nonwastewater,
(c) Combustion of hazardous waste codes listed in Part 268, Appendix XI is prohibited
unless the waste meets one or more of the following criteria:
(1) The waste contains hazardous organic constituents or cyanide at levels
exceeding the constituent-specific treatment standard found in §268.48;
(2) The waste consists of organic debris-like materials contaminated with an
inorganic metal-bearing hazardous waste;
(3) The waste, at the point of generation, has reasonable heating value such as
greater than or equal to 5,000 BTU per pound;
(4) The waste is co-generated with wastes for which combustion is a required
method of treatment;
(5) The waste is subject to Federal and/or State requirements necessitating
reduction or organics; or
(6) The waste contains greater than 1% total organic carbon.
(d) The addition of iron filings (or other metallic forms of iron) to lead-containing
hazardous waste to meet lead treatment standards is prohibited. Lead containing
wastes include:
• Wastes exhibiting the D008 characteristic;
• Characteristic wastes containing lead as an underlying hazardous
, constituent;
• listed wastes containing lead as a regulated constituent; and
• hazardous media containing any of the above lead wastes.
III-285
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Inspection Procedures - Sections 268.1 and 268.3
Key Considerations:
• Is the waste a restricted waste at the point of generation? Inspectors should evaluate
a waste at the point of generation and determine if there is any subsequent dilution to
meet treatment standards.
• Are wastes being land disposed?
• Do any of the exemptions apply to the waste or have extensions or petitions been
granted?
• Are the proper wastes being combusted? If an inappropriate waste is being
combusted, this action could be a violation of the dilution prohibition.
• Are the iron filings being added to a lead-containing hazardous waste?
• A determination must be made as to whether dilution has taken place, and if so,
whether it was permissible under LDR. According to Part 268, no one shall dilute a
restricted waiste to avoid an applicable treatment standard under LDR. This was not
intended to discourage legitimate centralized treatment. An example of such
legitimate, treatment is the aggregation of two wastes which will be treated using the
same treatment technology. On the other hand, aggregation of waste streams which
cannot be treated by the same method is not legitimate treatment and would be
considered impermissible dilution.
III-286
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. ¦ No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY REQUIREMENTS (Revised August 1998)
The dilution prohibition has led to questions concerning the differences in regulations concerning listed and toxic vs. non-toxic
characteristic waste. This table is designed to assist in assessing whether or not dilution is permissible.
DILUTION
D001. D002, or
r than
Hlgh-TOC iQnltablaa
•nd Raactlva Cyanldaa;
and Managad in CWAJ
" WA-Squlvalant
Claaa I 8DWA
WaaU
OoinQ to CAA
or CWA
juivalant
SOMA Claaa I
Injactlon Wall
Traatmanl
III-287
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Inspection Procedures - Sections 268.1 and 268.3 (continued)
Dilution Exceptions:
1) Hazardous wastes that are hazardous only because they exhibit a characteristic, and are
treated in a treatment system which treats wastes subsequently discharged to a water of the
U.S. pursuant to §402 (CWA) or pretreatment under §307 (CWA), unless method of
treatment, other than DEACT (deactivation), has been specified.
2) Characteristic hazardous wastes going for Glass I deep well injection, as long as the
characteristic has been removed prior to injection (§268.1(c) (3)). Even if method of
treatment is specified, dilutibn is allowed.
3) Dilution does not apply to wastes with a national capacity variance, case-by-case extensions,
or to those going to units that have been granted no migration petitions.
4) Aggregation of wastes for centralized treatment is not considered impermissible dilution, if
appropriate treatment for the waste is occurring.
5) If a waste is treated and residues are produced that are not going to land disposal, the waste
is not a prohibited waste and the dilution prohibition does not apply.
Note: If a waste is treated and one or more of the residues generated is in the same
treatability group as the original waste and these residues are going to be land disposed,
both the original wastes and the residues are prohibited wastes and are subject to the
dilution prohibition.
• Inspectors should determine if dilution prohibition is applicable at point of generation (see
exemptions above and flowchart following §268.7(a) (10)). The dilution prohibition does not
apply to wastes which qualify for a national capacity variance, case-by-case extensions, or
no migration petitions.
• Inspectors should examine treatment to determine if it is legitimate. Does centralized
treatment involve compatible waste streams?
III-288
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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QSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised Ausust 1998)
Surface Impoundment Exemptions (§§268.4 and 268.14)
§268.4 Treatment Surface Impoundment Exemption
(a) Wastes which are otherwise prohibited from land disposal under Part 268 may be
treated in a surface impoundment provided that:
(1) Treatment occurs Ln the impoundment
(2) Specific sampling and testing, removal, subsequent management, and
recordkeeping conditions are met;
(3) The impoundment meets the requirements of §264.221(c) or §265.221(a) and
the ground water monitoring requirements of Subpart F unless:
(i) Exempted pursuant to §264.221 (d) or (e) or §265.221 (c) or (d); or,
(ii) Granted a waiver from the Administrator on the basis of the criteria
specified in §§268.4(a)(3)(ii)(A)-(C); or,
(iii) Granted a no migration variance.
(4) The owner or operator must submit a written certification to the Regional
Administrator that the requirements of §268-4(a)(3) have been met.
(b) Evaporation of hazardous constituents as the principal means of treatment is not
considered to be treatment for purposes of an exemption under this section.
§268.14 Surface Impoundment Exemptions
Wastes which are newly identified or listed after November 8, 1984, and stored (or treated)
in a surface impoundment that becomes newly subject to subtitle C may continue to be
stored (or treated) in the surface impoundment for 48 months after the promulgation of the
additional listing or characteristic.
The surface impoundment must be in compliance with the requirements of Part 265,
Subpart F (groundwater monitoring requirements) within 12 months after promulgation of
the new listing or characteristic.
If the surface impoundment continues to treat the new listing or characteristic after 48
months, it must then be in compliance with §268.4.
i
The newly subject waste is otherwise prohibited from land disposal, unless treated to
treatment standard levels, or another variance is obtained for the waste.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No.- 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Inspection Procedures - Sections 268.4 & 268.14
Key Considerations:
General
• Unless specifically exempted, does the unit meet the applicable minimum technical
requirements and the ground water monitoring requirements?
5268.4
• Has the facility complied with the sampling and testing required under the facility's waste
analysis plan?
• Are residues (including liquid wastes) that do not meet applicable treatment standards
removed at least annually?
Remember: Evaporation may not be the principal form of treatment.
§268.14
• Is the surface impoundment storing or treating only waste that is newly identified or listed
within the past 48 months?
• Is the surface impoundment in compliance with Part 265, Subpart F groundwater
monitoring requirements if the waste was newly identified or listed more than 12 months in
the past?
Remember: This exemption does not apply more than 48 months after promulgation of the
new listing or characteristic. •-
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FOR USE BY-EPA INSPECTION PERSONNEL ONLY. This niaViual Is intended solely for guidance. No statutory or
V; regulatory requirementsare In any way altered by any statements) contained herein.
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TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised Aueust 1998)
Case-by-Case Extensions
§268.5 Procedures for Case-by-Case Extensions to an Effective Date
(a) Any person who generates, treats, stores, or disposes of a hazardous waste may
submit ah application for an extension to the effective date of any applicable
restriction under Part 268 Subpart C, under the specified criteria of §§268.5(a)(l)-
(7).
(b) The certification for the application must be signed by an authorized representative.
(d) The extension will only apply to the waste generated at the particular facility
covered by the application. '
(e) The Administrator may grant an extension of up to one year from the effective date.
The Administrator may renew this extension for up to an additional year upon
request of the applicant if the required criteria can still be met; no extension under
this section will exceed 24 months. The Administrator will give public notice of this
action in the Federal Register and provide the opportunity for public comment.
(f) Any person granted an extension must immediately notify the Administrator as soon
as he has knowledge of any. change in the conditions certified in the application.
(g) Any person granted an extension must submit written progress reports at intervals
designated by the Administrator. Such reports must include the overall progress
¦ toward constructing or otherwise providing alternative treatment, recovery, or
disposal capacity; must identify any delays in development of capacity; and must
summarize the steps being taken to mitigate the delay. The Administrator can
revoke the extension in accordance with provisions in this paragraph.
(h) Whenever an extension under §268.5 is in effect:
(1) The storage prohibition under §268.50(a) does not apply.
(2) Such hazardous waste may be disposed of only in units that meet the criteria
of §268.5(h) (2)(i)-(v).
Ill 291
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requlrementsare in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Inspection Procedures - Section 268.5
Key Considerations:
• Does the site have a petition pending or approved?
• Are activities proceeding according to the approved petition schedule?
• Have any of the conditions certified in the application changed, and if so, has notice been
given to the Administrator?
• Have the progress reports been submitted at the designated intervals?
• Does the unit meet minimum technical requirements?
Remember: In cases where there is inadequate treatment capacity, EPA may grant a case-
by-case extension to the effective date of a prohibition for a specific waste. The extension can be for
up to one year, renewable only once, for a total of two years.
II1-292
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory reauirements'are in anv wav altered bv anv statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
. REQUIREMENTS (Revised August 1998)
No-Migration Petition
§268.6 Petitions to Allow Land Disposal of a Waste Prohibited Under Subpart C of Part
268
(a) Any person seeking an exemption from a prohibition under Subpart C for a
restricted waste must submit a petition to the Administrator demonstrating, to a
degree of reasonable certainty, that there will be no migration of hazardous
constituents from the disposal unit for as long as the waste remains hazardous. The
petition must include all components in paragraphs (a), (b), and (c).
(d) Each petition must be submitted to the Administrator.
(e) After a petition has been approved, the owner/operator must report any changes in
conditions at the unit and/or the environment around the unit that significantly
depart from the conditions described in the variance and affect the potential for
migration of hazardous constituents from the unit in accordance with the criteria set
forth in §§268.6(e)(l) and (2).
(f) If the owner/operator determines that there is migration of hazardous constituents
from the unit, the owner/operator must:
(1) Immediately suspend receipt of prohibited waste at the unit; and
(2) Notify the Administrator in writing within ten days of the determination
that a release has occurred.
(3) The Administrator shall then determine whether or not the facility can
continue to accept waste, and whether further examination is needed.
(g) Each petition must include the certification required by this paragraph.
(i) If approved, the petition will apply to the specific, waste at the individual disposal
unit described in the demonstration.
(j) The Administrator will give public notice of the intent to approve or deny a petition
in the Federal Register and provide an opportunity for public comment. The final
decision will also be published in the Federal Register.
(k) The term of a petition granted under this section shall be no longer than the term of
the RCRA permit of the disposal unit if the unit is operating under a RCRA permit,
or up to a maximum of 10 years from the date of approval of a petition if the unit is
operating under interim status. In either case the petition will expire when the
volume limit has been reached.
(1) Prior to the Administrator's decision, the applicant must comply with all restrictions
on land disposed under Part 268 once the effective date for the waste has been
reached.
(m) The petition granted under Part 268 does not relieve the petitioner of his
responsibility in the management of hazardous waste under 40 CFR Parts 260
through 271.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised Atieust 1998)
Inspection Procedures - Section 268.6
Key Considerations:
• Does the facility have an approved or pending no migration petition?
• Have changes in conditions at the unit or site occurred that would affect the potential for
migration? If so, has the Administrator been notified?
• Have §268.6(b) sampling, testing, and analysis criteria been met?
• Has there been any migration of hazardous constituents from the unit?
EPA can grant an exemption if a petitioner can demonstrate, to a reasonable degree of
certainty, that such land disposal will not allow migration of hazardous constituents from the
disposal unit for as long as the waste remains hazardous.
III-294 .
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual-Is Intended splely for guidance. No statutory or
regulatory requirements aire in any way altered by any statement^) contained herein.
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TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Generator Certification and Notification
Note: The requirements for generators are found in paragraph (a), the requirements for treaters are
found under paragraph (b). and the requirements for disposal facilities are under paragraph
(c).
§268.7 Waste Analysis and Recordkeeping
(a) Requirements for generators:
(1) Generators are required to determine whether a restricted waste (and/or
contaminated soil) meets the applicable standard under §§268.40, 268.45, or
§268.49, and thus whether the waste requires treatment prior to disposal.
Imbedded into this regulation are two requirements:
1) To identify all listed and characteristic waste codes that can be applied to
the waste. Generators managing a characteristic hazardous waste must
comply with the special requirements of §268.9 in addition to any applicable
requirements of §268.7.
2) To identify the appropriate treatment standard, and whether or not the
waste meets this standard. Treatment standards are expressed in one of
three ways: as a total concentration, as a concentration in waste extract, or
as a prescribed treatment method. If the treatment standard is expressed as
a concentration, the generator must either test the waste or apply knowledge
to determine whether the waste meets the treatment standard. If the
treatment standard is expressed as a prescribed method, the generator is not
required to test.
(2) • If the waste or contaminated soil does not meet the treatment standard, the
generator must send a one-time notice with the initial shipment of waste to
each treatment or storage facility receiving the waste, and place a copy in
the file. The notice must include the information in column 268.7(a)(2) of the
generator paperwork requirements Table in §268.7(a)(4). If the waste or the
destination facility changes, the generator must send a new notification and
place a hard copy in the generator's files. If the generator is managing
contaminated soil that does not meet treatment standards, a certification
specifying how the soil is contaminated must be signed by an authorized
representative and accompany the notification.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements] contained herein.
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TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Generator Certification and Notification (continued)
§268.7 Waste Analysis and Recordkeeping (continued)
(3) If the waste or contaminated soil meets the treatment standard, the
generator must send a one-time notice and certification with the initial
shipment of waste to each treatment or storage facility receiving the waste,
and place a copy in the file. The notice must include the information in
column 268.7(a)(3) of the generator paperwork requirements Table in
§268.7(a)(4). If the waste or the destination facility changes, the generator
must send a new notification and certification, and place a hard copy in the
generator's files. Note that generators of hazardous debris that is excluded
from the definition of hazardous waste under §261.3(f) (2) are not subject to
these notification and certification requirements.
(4) If the generator's waste is subject to a case-by-case extension under §268.5,
disposed in a no-migration unit under §268.6, or a subject to a national
capacity variance or case-by-case capacity variance, then the generator must
send a one-time written notice to each land disposal facility receiving the
waste with the initial shipment of waste. The notice must include the
information in column 268.7(a)(4) of the generator paperwork requirements
Table in §268.7(a)(4). If the waste or the destination facility changes, the
generator must send a new notification and place a hard copy in the
generator's files.
(5) If a generator is treating a prohibited waste or contaminated soil in
accumulation tanks, a containment building, or containers under §262.34 in
order to meet LDR treatment standards, the generator must develop a
written waste analysis plan that describes the treatment process. (However,
generators treating hazardous debris under the alternative standards of
§268.45 are not subject to these waste analysis requirements.) This plan
must be kept on-site in the generator's records, and the following conditions
must be met:
(i) The waste analysis plan must be based on a detailed analysis of a
representative sample of the prohibited waste, and include all
information necessary to treat the waste, .including the selected
testing frequency.
(ii) The plan must be kept in the facility's on-site files and made
available to inspectors.
(iii) Waste shipped off-site must comply with §268.7(a)(2).
(6) Whether the generator determines that his/her waste or contaminated soil is
restricted using testing, or applying knowledge, all supporting information
must be kept on-site in the generator's files.
Ill 296
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Generator Certification and Notification (continued)
§268.7 Waste Analysis and Recordkeeping (continued)
If a generator determines that he is managing a restricted waste that is
excluded from the definition of solid waste or is exempt from Subtitle C
regulation, under 40 CFR §§261.2-261.6, subsequent to the point of
generation, he must place a one-time notice stating such generation,
subsequent exclusion from the definition of hazardous or solid waste or
exemption from Subtitle C regulation, and the disposition of the waste, in
the facility's file. This provision includes deactivated characteristic wastes.
A generator must retain on-site a copy of all notices, certifications,
demonstrations, waste analysis data, and other documentation for at'least
five years. This period could be extended in an enforcement action.
If a generator is managing lab packs containing none of the specified wastes
identified in Appendix IV and wishes to use the alternative treatment
standard under §268.42, with the initial shipment, he/she must submit a
notice that provides the information in column "§268.7(a)(9)" in the
Generator Paperwork Requirements Table of paragraph (a)(4), comply with
the requirements in §268.7(a)(6) and (a)(7), and submit the required
certification signed by an authorized representative.
SQGs with tolling agreements pursuant to 40 CFR 262.20(e) must comply
with applicable notification and certification requirements of paragraph (a)
of §268.7 for the initial shipment of the waste that is subject to the
agreement. Copies of the notification, certification, and the tolling
agreement must be retained for a period of at least three years.
Note: Generators or treaters who first claim that hazardous debris is excluded from the
definition of hazardous waste under §261.3 are subject to the notification and
certification requirements of §268.7(d)(l-3).
(7)
(8)
(9)
(10)
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely Tor guidance.
regulatory requirements are in any way altered by any statements) contained herein.
No statutory or
i
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TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
- REQUIREMENTS (Revised Aueust 1998)
Inspection Procedures - Sections 268.7(a)(1) through 268.7(a) (10)
Key Considerations:
• If a generator is managing a restricted waste that does not meet treatment standards, has
the on-time notification been provided to the treatment or storage facility? Did the
generator resubmit notification if the waste or destination facility change?
• If a generator is managing a restricted waste that does meet treatment standards, has the
one-time notification and certification been provided to the TSDF? Did the generator
resubmit notification if the waste or destination facility change?
• If the waste is subject to a variance or an exemption, has the generator provided the
required notification?
• If the generator is treating a restricted waste in accumulation tanks or containers regulated
under §262.34, are the following requirements satisfied:
- developed a waste analysis plan?
- placed the plan in the facility's files?
- complied with §268.7(a)(2) paperwork requirements?
• If the generator applies his knowledge to determine whether a waste is restricted, is the
supporting information located in on-site files?
• If the generator is managing a restricted waste that is subsequently excluded from
regulation under §§261.2-261.6, has the generator placed a one-time notification in the
facility files? An example would be wastes excluded from RCRA regulation when discharged
to a POTW regulated under the CWA.
• If the generator is managing lab packs and is using an alternative treatment standard, has
he submitted the notification and certification required by §268.7(a)(8)?
• If the generator Is exempted under §262.20, did he provide notification and certification for
the Initial shipment of waste?
Section 262.11 states that for purposes of compliance with Part 268, a generator must
determine if a listed waste exhibits any characteristics. If the treatment standard specifically
addresses the characteristic, then the waste need not be classified in Part 268 paperwork as both
listed and characteristic. On the other hand, if the treatment standard for the waste does not
specifically address the characteristic, then the waste must be treated for both. An example is
F005; the treatment standard in §268.40 does not address ignitability. Thus, treatment standards
for F005 and D001 must be met if in fact the waste exhibits the characteristic of ignitability.
III-298
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
¦ REQUIREMENTS (Revised August 1998)
Inspection Procedures - Sections 268.7(a)(1) through 268.7(a)(10)
(Continued)
Key Considerations (continued):
If a waste does not meet treatment standards in Part 268, Subpart D, generators are only
required to provide a notification to the treatment facility. There are some situations, however,
where a generator must provide both a notification and a certification that the waste meets
treatment standards. This is the case when a generator treats his own waste. Another such
situation is when the waste is generated and already meets treatment standards. An example is a
spill that generates a U-listed waste and, when the exhumed soil is tested, the constituents are
below the concentration levels set forth in §268.40.
Note: there are varying forms of notification and certification required by paragraphs (a),
(b), and (c) of §268.7. An inspector should determine which is applicable to a particular
situation. See following chart of Generator Recordkeeping and Analysis Requirements.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance.
regulatory requirements are in any way altered by any statements) contained herein.
No statutory or
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TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Inspection Procedures - Sections 268.7(a)(1) - 268.7(a) (10)
Identify Waste:
Chemical Composition: Source
t
TWs flowchart can be used as a guide
only, since different notifications and
certifications apply for characteristic
wastes which have been treated until
rendered non-hazardous and lab
pack" wastes.
Determine EPA Hazardous Waste Code(s)
261 (Include Afl Applicable Characteristic
And Listed Codes)
m-300
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Treatment and Disposal Facility Certification and Notification
§268.7 Waste Analysis and Recordkeeping (continued)
(b) Treatment facilities must test their waste or contaminated soil in accordance with
their waste analysis plan. Such testing must be performed as provided in
paragraphs (b)(1), (b)(2), and (b)(3) of §268.7.
(3) A one-time notification required by §268.7(b)(3) must be sent with the initial
shipment of waste or contaminated soil to the land disposal facility. [Note:
shipments with debris treated by extraction or destruction technologies
under §268.45 must only comply with 268.7(d).]
(4) The treatment facility must submit the certification required by §268.7(b)(4)
with the initial shipment of restricted waste, treatment residue, or
contaminated soil to a land disposal facility.
(5) If the waste is going to be further managed at a different treatment or
storage facility, the TSDF sending the waste or treatment residue must
comply with the notification and certification requirements applicable to
generators under §268.7.
(6) Where the wastes are recyclable materials used in a manner constituting
disposal, instead of notifying the recycling facility, the owner/operator of the
recycling facility must submit the certification in §268.7(b)(4), and the notice
with information required in (b)(3) to the Regional Administrator or
delegated representative. The recycling facility must keep records of the
name and location of the facility that received the waste.
(c) Except where the owner/operator is disposing of any waste that is a recyclable
material used in a manner constituting disposal pursuant to 40 CFR §266.20(b), the
owner/operator of any land disposal facility disposing of any waste subject to Part
268 restrictions must:
(1) Have copies of all notices and certifications specified in paragraph (a) or (b)
of §268.7.
(2) Test the waste or extract of the waste to assure that the wastes or treatment
residues are in compliance with the applicable standards. Such testing must
be done in accordance with the facility's waste analysis plan.
III-301
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance.
regulatory requirements are in any way altered by any statements) contained herein.
No statutory or
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Treatment and Disposal Facility Certification and Notification
§268.7 Waste Analysis and Recordkeeping (continued)
(d) Generators or treaters who first claim that hazardous debris is excluded from the
definition of hazardous waste under §261.3(e) are subject to specific notification,
certification, and recordkeeping requirements. Debris is excluded under §261.3(e) if
it is either treated using one of the extraction or destruction technologies under
§268.45 or the state or Region has determined that the debris does not "contain"
hazardous waste. [Note: the exclusion for debris was changed to §261.3(f), however
the Agency has not yet modified the Part 268 regulations to refer to the appropriate
paragraph.]
(e) Similar to the debris requirements, generators and/or treaters of soil who first
receive a determination from EPA or an authorized state that the soil no longer
contains a listed waste or exhibits a characteristic must keep very simple records of
the determination in the facility's files.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely forguidancc No statutory or
regulatory requirements are in any way altered by any statements) contained heireln.
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Inspection Procedures • Sections 268.7(b) through (e)
Key Considerations:
• Has the treatment facility tested its waste in accordance with its waste analysis plan? This
testing should be done in accordance.with (b)(1), (b)(2), and (b)(3) of §268.7.
• Did the treatment facility send the required notification to each land disposal facility?
Did the treatment facility submit a notification and certification to the disposal facility that
the waste meets applicable treatment standards? If the waste does not meet treatment
standards, and the TSDF is sending the waste off-site for further treatment, the TSDF must
comply with the notification requirements applicable to generators under §268.7(a).
' Does the owner/operator of a disposal facility have all copies of notifications and
certifications specified in paragraphs (a) and (b) of §268.7?
• Has the disposal facility tested the waste or waste extract to determine compliance with
treatment standards? This testing must be done in accordance with the facility's waste
analysis plan.
• Is the generator or treater managing hazardous debris that has been treated using one of
the extraction or destruction technologies in §268.45? If so, the generator or treater should
be following the provisions of §268.7(d).
• Is the generator or treater managing hazardous debris or contaminated soil, and has the
generator received a contained-in determination that the debris or soil is no longer a
hazardous waste? If so, the generator or treater should be following the provisions of either
§268.7(d) or (e).
III-303
FQR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998) "
Characteristic Waste Requirements
§268.9 Special Rules Regarding Wastes That Exhibit a Characteristic
(a) The initial generator of a solid waste must determine each waste code that applies to
the waste in order to determine applicable treatment standards under Part 268
Subpart D.
(b) Where a prohibited waste is both listed under Part 261, Subpart D and exhibits a
characteristic under Part 261, Subpart C, the waste must meet the treatment
standards for all applicable listed and characteristic waste codes. However, if the
waste is listed, and exhibits a toxicity characteristic, the treatment standard for the
listed waste code will operate in lieu of the characteristic treatment standard if the
treatment standard for the listed waste includes a constituent that causes the waste
to exhibit the characteristic.
If the treatment standard for the listed waste code does not supercede the treatment
standard for the characteristic waste code, the generator must Identify whether the
characteristic treatment standard also requires treatment to meet underlying
hazardous constituents (usually denoted by the phrase, "and meet §268.48").
(c) In addition to any applicable standards determined at the initial point of generation,
no prohibited waste that exhibits a characteristic may be land disposed unless it
meets the applicable treatment staindards.
(d) Wastes that exhibit a characteristic are also subject to §268.7 notification
requirements, except that once the waste is no longer hazardous, the generator need
not provide notice to a Subtitle D facility. In such cases, the required notification
and certification specified in §268.9(d) must be placed in the facility's files and a
copy sent to the EPA Region or authorized State; however, this notification must be
updated if the process or operation generating the waste changes and/or if the
Subtitle D facility receiving the waste changes.
III-304
FOR USE BY EPA INSPECTION PERSONNEL ONLY.' This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised Ausust 1998)
Inspection Procedures - Section 268.9
If a characteristic waste is rendered non-hazardous and then sent to a Subtitle D facility,
the generator must prbvide the required notification to the EPA Regional Administrator or
authorized State. The notification is not required to go to the Subtitle D facility.
If, on the other hand, a characteristic waste is sent to a treatment facility to be rendered
non-hazardous and meet treatment standards, then the generator must send the appropriate §268.7
notice to the treatment facility. Once the characteristic is rendered non-hazardous, the treater is
required to comply with notification to the EPA Regional Administrator or authorized State under
§268.9.
• ft!.'?''
If a generator has a mixture that consists of a newly-1 isted waste for which no treatment
standards have been established, and a waste that is currently restricted under Part 268, the
inspector should check whether the generator complied With the treatment standards for the
restricted waste.
[Note: Also see the requirements of Section 268.48.]
• All characteristic wastes now have treatment standanis. Wastes that exhibit a prohibited
characteristic must be treated to meet treatment standards prior to land disposal. Special
rules have been established in §268.9 regarding wastes that exhibit a characteristic.
Several examples are provided below to illustrate these rules.
• If a waste is listed under both Subpart C (Characteristics of Hazardous Wastes) and Subpart
D (Lists of Hazardous Wastes) of 40 CFR Part 261, a determination must be made
concerning the following:
If the treatment standard for the waste code listed in Subpart D includes a treatment
standard for the constituent that causes the waste to exhibit the characteristic, then the
treatipent standard for the listed waste (i.e.< F, K, P. and U wastes) will operate in lieu
of the treatment standard for the characteristic waste code (i.e., D waste).
For example, if an F006 metal-hydroxide sludge also exhibits the toxicity characteristic
for lead (D008), the treatment standard for D008 is not applicable since the F006
treatment standard in §268.40 includes a standard for lead.
If a listed waste exhibits a characteristic not addressed in the treatment standard in
Subpart D of Part 268, the treatment standard established for the characteristic waste
code (i.e., D waste) and the treatment standard for the listed waste (i.e., F, K, P, and U
waste) must both be met and both waste codes must be identified on applicable LDR
paperwork.
For example, if an F001 spent solvent mixture is contaminated with and exhibits the
characteristic for lead (D008), treatment standards for both F001 and D008 are
applicable since the F001-F005 treatment standards do not include a standard for lead.
III-305
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutoiy or
regiUatoiry requirementsrare In any way altered by any statement(s) conteined herein.
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TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS {Revised August 1998)
Inspection Procedures - Section 268.9 (continued)
• Several listed wastes are listed solely due to the presence of a hazardous characteristic (e.g.,
F003-ignitability). If.the characteristic is removed from such a listed waste, it is no longer
considered a hazardous waste, and therefore, need not be disposed in a Subtitle C facility.
However, all treatment standards for the listed waste, as well as any characteristic, must
still be met before land disposal. After meeting the treatment standard for the
characteristic waste and listed waste, and removing the characteristic, TSDFs must comply
with the appropriate notification and certification requirements under §268.9(d).
• Wastes that are hazardous by characteristic only (i.e., do not meet any of the listings in 40
CFR Part 261 Subpart D) are subject to different LDR requirements once the characteristic
is removed:
If a characteristic waste is hazardous when shipped off-site for treatment prior to
disposal, the notification requirements of §268.7(a)(l) apply, as they do with all other
wastes.
-- If the waste is treated so that it meets the treatment standard and it no longer exhibits
that characteristic (and thus is no longer hazardous), the waste may be shipped to a
Subtitle D facility. The generator or the treatment facility need not send a §268.7
notification to such a facility; a notification and certification must be placed in the
facility's files and a copy sent to the EPA Region or authorized State. The one-time
notification must be updated if the process or operation generating the waste changes
and/or If the Subtitle D facility receiving the waste changes. The one-time notification
must contain the following information:
The name and address of the Subtitle D facility receiving the waste shipment;
A description of the waste as generated, including EPA hazardous waste code(s),
waste category (e.g., wastewater and nonwastewater), and underlying hazardous
constituents if required by the treatment standard. If all underlying hazardous
constituents will be treated and monitored, there is no requirement to list any of the
underlying hazardous constituents on the notice;
The treatment standards applicable to the waste at the time of generation;
A certification statement that uses the language in §268.7(b)(5)(i), signed by an
authorized representative also must accompany these notifications;
A different certification is required if the treatment removes the characteristic but
does not treat underlying hazardous constituents (see §268.7(b)(5)(iv)).
III-306
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are in any way altered by any statements) contained Herein.
No statutory or
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TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised Ausust 1998)
Inspection Procedures - Section 268.9 (continued)
• Many characteristic wastes must meet underlying hazardous constituent (UHC) levels in
addition to meeting a constituent specific level prior to land disposal. In the table of
treatment standards under §268.40, a waste must meet UHC levels if the treatment
standard contains the phrase "...and meet §268.48 standards." According the definition in
268.2, UHC means any constituent listed in 268.48 (the Universal Treatment Standards), .
except fluoride, vanadium, and zinc. For example, the treatment standard for D037
(Pentachlorophenol) nonwastewater reads, "7.4 [mg/kg] and meet §268.48 standards." In
this example, if D037 is destined for land disposal, the facility treating the waste must
render the pentachlorophenol level lower than 7.4 mg/kg without diluting, and also meet all
of the constituent levels in §268.48. In the notification requirements of §268.9, the facility
that renders the waste nonhazardous must list the UHCs, unless the waste will be treated
and monitored for all UHCs, in which case there is no requirement to list any of the UHCs
on the notice.
• If characteristic wastes are destined for a CWA, CWA-equivalent, or Safe Drinking Water
Act (SDWA) Class I underground injection well system, and the treatment standard is not a
specified method of treatment, they are not prohibited at the point that the waste are
rendered nonhazardous. Therefore, if a characteristic waste is destined for a CWA, CWA-
equivalent, or SDWA Class I injection well system, and the characteristic has been
deactivated, the waste is not prohibited from land disposal. The treatment facility should
have a one-time notification from §268.7(a)(7) in their facility files.
• When the hazardous characteristic is removed prior to disposal or when the waste is
excluded from the definition of hazardous or solid waste under §261.2-261.6, the
requirements of §268.7(a) still apply. For example, if a characteristic waste is not prohibited
because it is discharged from a wastewater treatment system pursuant to a National
Pollution Discharge Elimination System (NPDES) permit, some record must still be kept
indicating the reason that the waste is not prohibited (i.e., a statement that there is no land
disposal of this waste in the system should be in the facility's operating record) (See
§268.7(a)(6)).
III-307
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance.
regulatoiy requirements are in any way altered by any statement^) contained herein.
No statutory or
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TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Schedules and Prohibitions on Land Disposal Schedule
§268.13 Schedule for Wastes Identified or Listed After November 8,1984
(a) In the case of any hazardous waste identified or listed under Section 3001 of RCRA after
November 8, 1984, the Administrator shall make a land disposal determination within 6 months
after the date of identification or listing.
§268.30 Waste Specific Prohibitions - Wood Preserving Wastes
§268.37 Waste Specific Prohibitions - ignitable and corrosive characteristic wastes
whose treatment standards were vacated
§268.38 Waste Specific Prohibitions - newly identified organic toxicity characteristic
wastes and newly listed coke by-product and chlorotbluene production wastes
§268.39 Waste Specific Prohibitions - spent aluminum potliners; reactive; and carbamate
wastes
Effective Dates of Waste Codes Listed in Subpart G
(Not Including National Capacity Variances for Mixed Radioactive Waste, and Contaminated Soil
and Debris Waste)
TABLE 1. - EFFECTIVE DATES OF SURFACE DISPOSED WASTES (NON-SOIL
AND DEBRIS) REGULATED IN THE LDRsa - COMPREHENSIVE LIST
Waste code
Waste category
Effective
date
D001c
All (except Hieh TOC Ienitable Llauids)
Aue. 9.1993
D001
Hieh TOG Ienitable Llauids
Aue. 8.1990
D00Z'
All
Aue. 9.1993
D003«
All
Julv 8.1996
D004
Nonwastewater
May 8.1992
D004
Wastewater
Aue. 8,1992
D005
All
Aue. 8.1990
D006
All
Aue. 8,1990
D007
All
Aue. 8.1990
D008
Lead materials before secondary smeltine
May 8.1992
D008
All others
Aue. 8.1990
D009
Nonwastewater
May 8,1992
D009
AH others
Aue. 8.1990
D010
All
,Aue. 8,1990
D011
All
Aue. 8.1990
D012 (wastes that exhibit the
toxicity characteristic based on the
TCLPld
All
Dec. 14.1994
DO 13 (wastes that exhibit the
toxicity characteristic based on the
TCLP)d
All
Dec. 14,1994
D014 (wastes that exhibit the
All
Dec. 14.1994
III 308
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Waste code
Waste category
Effective
date
toxicity characteristic based on the
TCLP)<
D015 (wastes that exhibit the
toxicity characteristic based on the
TCLP)"
All
Dec. 14.1994
D016 (wastes that exhibit the
toxicity characteristic based on the
TCLPV
All,
Dec. 14,1994
DO 17 (wastes that exhibit the
toxicity characteristic based on the
TCLP)"
All
Dec. 14.1994
D018
Mixed with radioactive wastes
SeDt. 19.1996
D018
All others
Dec. 19. 1994
D019«
Mixed with radioactive wastes
Sept 19.1996
D019>
All others
Dec. 19.1994
D020«
Mixed with radioactive wastes
Sept. 19.1996
D02O
All others
Dec. 19. 1994
D021*
Mixed with radioactive wastes
Sept. 19. 1996
D021*
All others
Dec. 19. 1994
D022«
Mixed with radioactive wastes
Sept. 19. 1996
D022«
All others
Dec. 19.1994
D023«
Mixed with radioactive wastes
Sept. 19.1996
D023«
All others
Dec. 19.1994
D024«
Mixed with radioactive wastes
Sept. 19.1996
D024«
All others
Dec. 19.1994
D025«
Mixed with radioactive, wastes
Sept 19.1996
D025«
All others
Dec. 19.1994
D026«
Mixed with radioactive wastes
Sept. 19.1996
D026*
All others
Dec. 19.1994
D027*
Mixed with radioactive wastes
Sept. 19.1996
D027«
All others
Dec. 19.1994
D028«
: Mixed with radioactive wastes
Sept. 19. 1996
D028«
All others
Dec. 19.1994
D029*
Mixed with radioactive wastes
Sept. 19.1996
D029«
All others
Dec. 19.1994
D030*
Mixed with radioactive wastes
Sept. 19.1996
D03O
All others
Dec. 19.1994
D031«
Mixed with radioactive wastes
Sept. 19. 1996
D031'
All others
Dec. 19.1994
D032«
Mixed with radioactive wastes
Sept. 19.1996
D032«
All others
Dec. 19.1994
D033e
Mixed with radioactive wastes
Sebt. 19.1996
D033«
All others
Dec. 19.1994
D034e
Mixed with radioactive wastes
SeDt. 19.1996
D034«
All others
Dec. 19.1994
D035«
Mixed with radioactive wastes
Sept. 19.1996
D035«
All others
Dec. 19.1994
D036«
Mixed with radioactive wastes
Sept 19.1996
D036"
All others
Dec. 19.1994
D037"
Mixed with radioactive wastes
Sept. 19.1996
D037«
All others
Dec. 19. 1994
D038«
Mixed with radioactive wastes
Sept. 19.1996
D038'
All others
Dec. 19.1994
D039*
Mixed with radioactive wastes
Sept. 19.1996
D039*
All others
Dec. 19.1994
D040-
Mixed with radioactive wastes
Sept. 19.1996
D040'
All others
Dec. 19.1994
D041e
Mixed with radioactive wastes
Sept. 19.1996
D041*
All others
Dec. 19.1994
D042«
Mixed with radioactive wastes
Sept. 19.1996
III-309
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
-------
OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Waste code
Waste category
Effective
date
D042'
All others
Dec. 19.1994
D043«
Mixed with radioactive wastes
Sect. 19.1996
D043e
All others
Dec. 19.1994
F001
Small quantity generators, CERCLA response/RCRA
corrective action, initial generator's solvent-water mixtures,
solvent-containine sludees and solids
Nov. 8.1988
F001
All others
Nov. 8.1986
F002 (1.1.2-trichloroethane)
Wastewater and Nonwastewater
Aue. 8,1990
F002
Small quantity generators, CERCLA response/RCRA
corrective action, initial generator's solvent-water mixtures,
solvent-containine sludees and solids
Nov. 8.1988
F002
All others
Nov. 8.1986
F003
Small quantity generators, CERCLA response/RCRA
corrective action, initial generator's solvent-water mixtures,
solvent-containine sludees and solids
Nov. 8.1988
F003
All others
Nov. 8.1986
F004
Small quantity generators, CERCLA response/RCRA
corrective action, initial generator's solvent-water mixtures,
solvent-containine sludees and solids
Nov. 8, 1988
F004
All others
Nov. 8.1986
F005 (benzene, 2-ethoxy ethanol,
2-nitnroroDane)
Wastewater and Nonwastewater
Aug. 8.1990
F00S
Small quantity generators, CERCLA response/RCRA
. corrective action, initial generator's solvent-water mixtures,
solvent-containine sludees and solids
Nov. 8.1988
F005
All others
Nov. 8.1986
F006
Wastewater
Aue. 8.1990
F006
Nonwastewater
Aue. 8.1988
F006 (cvanides)
Nonwastewater
Julv 8:1989
F007
All
Julv 8.1989
F008
All
Julv 8.1989
F009
All
Julv 8,1989
F010
All
June 8.1989 ,
F011 (cvaiiides)
Nonwastewater
Dec. 8.1989
F011
All others
Julv 8.1989
F012 (cvanides)
Nonwastewater
Dec. 8.1989
F012
All others
Julv 8.1989
F019
All
Aue. 8.1990
F020
All
Nov. 8.1988
F021
All
Nov. 8.1988
F025
All
Aue. 8,1990
F026
All
Nov. 8.1988
F027
All
Nov. 8.1988
F028
All
Nov. 8.1988
F032
Mixed with radioactive wastes
Mav 12.1999
F032
All others
Mav 12.1997
F033
Mixed with radioactive wastes
Mav 12.1999
F033
All others
Mav 12. 1997
F034
Mixed with radioactive wastes
Mav 12.1999
F034
All others
Mav 12.1997
F037
Not generated from surface impoundment cleanouts or
closures
June 30,1993
F037
Generated from surface Imtxmndment cleanouts or closures
June 30.1994.
F037
Mixed with radioactive wastes
June 30,19940
F038
Not generated from surface impoundment cleanouts or
closures
June 30,1993
F038
Generated from surface imixmndment cleanouts or closures
June 30,1994
F038
Mixed with radioactive wastes
June 30,1994
F039
Wastewater
Aue. 8.1990
F039
Nonwastewater
Mav 8.1992
kOOl (oreanics)b
All
III-310
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutoiy or
regulatory requirements are in any way altered by any statement^) contained herein.
-------
OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Waste code
Waste category
Effective
date
K001
All others
Aue. 8.1988
K002
All .
Aug. 8, 1990
K003
All
Aue. 8.1990
K004
Wastewater
Aug. 8, 1990
K004
Nonwastewater
Aue. 8. 1988
K005
Wastewater
Aue. 8.1990
K005
Nonwastewater
June 8.1989
K006
All
Aue. 8.1990
KO07
Wastewater
Aue. 8,1990
K007
Nonwastewater
June 8.1989
K008
Wastewater
Aue. 8.1990
K008
Nonwastewater
Aue. 8.1988
K0Q9
All
June 8,1989
K010
All
June 8.1989
K011
Wastewater
Aue. 8. 1990
K011
Nonwastewater
June 8.1989
KOI 3
Wastewater
Aue. 8,1990
K013
Nonwastewater
June 8.1989
KOI 4
Wastewater
Aue. 8.1990
KOI 4
Nonwastewater
June 8.1989
K015
Wastewater
Aue. 8.1988'
K015
Nonwastewater
Aue. 8.1990
KOI 6
All
Aue. 8.1988
KOI 7
All
Aue. 8.1990
K018
All
Aue. 8.1988
KOI 9
All
Aue. 8.1988
K020
All
Aue. 8.1988
K021
Wastewater
Aue. 8.1990
K021
Nonwastewater
Aue. 8.1988
K022
Wastewater
Aue. 8.1990
K022
Nonwastewater
Aue.'8.1988
K023
All
June 8.1989
K024
All
Aue. 8.1988
K025
Wastewater
Aue. 8.1990
K025
Nonwastewater
Aue. 8.1988
K026
All
Aue. 8.1990
K027
All
June 8.1989
K028 (metals)
Nonwastewater
Aue. 8.1990
K028
All others
June 8.1989
K029
Wastewater
Auk. 8,1990
K029
Nonwastewater
June 8.1989
K030
All
Aue. 8.1988
K031
Wastewater
Aue. 8.1990
K031
Nonwastewater
Mav 8.1992
K032
AH
Aue. 8,1990
K033
All
Aue. 8.1990
K034
All
Aue. 8.1990
K035
All
Aue. 8.1990
K036
Wastewater '
June 8.1989
K036
Nonwastewater
Aue. 8.1988
K037»
Wastewater
Aue. 8.1988
K037
Nonwastewater
Aue. 8.1988
K038
All
June 8.1989
K039
All
June 8.1989
K040 ,
All
June 8,1989
K041
All
Aue. 8.1990
K042
All
Aue. 8,1990 '
K043
All
June 8.1989
K044
All
Aue. 8.1988
K045
All
Aue. 8.1988
III-311
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
-------
OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Waste code
Waste category
Effective ~
date
K046 (Nonreactive)
Nonwastewater
Aue. 8.1988
K046
All others
Aue. 8,. 1990
K047
All
Aue. 8.1988
K048
Wastewater
Aue. 8.1990
K048
Nonwastewater
Nov. 8.1990
K049
Wastewater
Aue. 8.1990
K049
Nonwastewater
Nov. 8.1990
K050
Wastewater
Aue. 8.1990
K0S0
Nonwastewater
Nov. 8. 1990
K051
Wastewater
Aue. 8.1990
K051
Nonwastewater
Nov. 8.1990
K0S2
Wastewater
Aue. 8.1990
K052
Nonwastewater
Nov. 8. 1990
K060
Wastewater
Aue. 8.1990
K060
Nonwastewater
Aue. 8.1988
K061
Wastewater
Aue. 8.1990
K061
Nonwastewater
June30.1992
K062
All
Aue. 8.1988
K069 (Non-Caldum Sulfate)
Nonwastewater
Aue. 8.1988
K069
All others
Aue. 8.1990
K071
All
Aue. 8.1990
K073
All
Aue. 8.1990
K083
All
Auk. 8.1990
K084
Wastewater
Aue. 8; 1990
K084
Nonwastewater
Mav8.1992
KOSS
All
Aue. 8.1990
K086 (oreanics)b
All
Aue. 8.1988
K086
All others
Aue. 8.1988
K087
All
Aue. 8.1988
K088
Mixed with radioactive wastes
April 8.1998
K088
All others
Jan. 8.1997
K093
All
June 8.1989
K094
All
June 8.1989 '
K095
Wastewater
Aue. 8.1990
K09S
Nonwastewater
JuneS. 1989
K096
Wastewater
Aue. 8.1990 .
K096
Nonwastewater
June 8.1989
K097
All
Aue. 8.1990
K098
All
Aue. 8.1990
K099
All
Aue. 871988
K100
Wastewater
Aue. 8.1990
KlOO
Nonwastewater
Aue. 8.1988
K101 (oreanics).
Wastewater
Aue. 8,1988
K101 (metals)
Wastewater
Aue. 8.1990
K101 (oreanics)
Nonwastewater
Aue. 8.1988
Ki'OI (metals)
Nonwastewater
Mav 8.1992
K102 (oreanics) '
Wastewater
Aue. 8.1988
K102 (metals)
Wastewater
Aue. 8.1990
K102 (oreanics)
Nonwastewater
Aue. 8.1988
K102 (metals)
Nonwastewater
Mav 8.1992
K103
All
Aue. 8. 1988
K104
All
Aue. 8.1988
K105
All
Aue. 8.1990
K106
Wastewater
Aue. 8.1990
KI06
Nonwastewater
Mav 8.1992
K107
Mixed with radioactive wastes
June 30.1994
K107
All others
Nov. 9.1992 ,
KI08
Mixed with radioactive wastes
June 30.1994"
K108 ,
All others
Nov. 9.1992
K109
Mixed with radioactive wastes
June 30.1994
ni-312
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
-------
OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised Aueust 1998)
Waste code
Waste category
Effective
date
K109
All others
Nov. 9.1992
KUO
Mixed with radioactive wastes
June 30.1994
K110
All others
Nov. 9.1992
Kill
Mixed with radioactive wastes .
June 30.1994
Kill
All others
Nov. 9.1992
K112
Mixed with radioactive wastes
June 30.1994
K112
All others
Nov. 9.1992
K113
All
June 8.1989
K114
All
June 8.1989
K115
All
June 8.1989
K116
All
June 8.1989
Kll,7
Mixed with radioactive wastes
June 30.1994
KL1?
All others
Nov. 9.1992
KJll-8
Mixed with radioactive wastes
June 30.1994
KA18
All others
Nov. 9.1992
K123
Mixed with radioactive wastes
June 30.1994
K123
All others
Nov. 9.1992
K124
Mixed with radioactive wastes
June 30.1994
K124
All others
Nov. 9.1992
K125
Mixed with radioactive wastes
June 30.1994
K125
All others
Nov. 9.1992
K126
Mixed with radioactive wastes
June 30.1994
K126
All others
Nov. 9.1992
K131
Mixed with radioactive wastes
June 30.1994
K131
All others
Nov. 9.1992
K132
Mixed wljth radioactive wastes
June 30.1994
K132
All others
Nov. 9.1992
K136
Mixed with radioactive wastes
June 30.1994
K136
All others
Nov. 9.1992
K141
Mixed with radioactive Wastes
Sen. 19.1996
K141
All others
Dec. 19.1994
KX42
Mixed with radioactive wastes
Sen. 19.1996
K142
All others
Dec. 19.1994
K143
Mixed with radioactive wastes
Sep. 19.1996
K143
All others
Dec. 19. 1994
K144
Mixed with radioactive wastes
Sep. 19.1996
K144
All others
Dec. 19.1994
K145
Mixed with radioactive wastes
Sep. 19.1996
KU5
All others ,
Dec. 19.1994
KU7
Mixed with radioactive wastes
Sep. 19. 1996
KU7
All others
Dec. 19.1994
KU8
Mixed with radioactive wastes
Sep. 19. 1996
KUS
All others
Dec. 19.1994
K149
Mixed with radioactive wastes
Sep. 19.1996
K149
All others
Dec. 19. 1994
K150 -
Mixed with radioactive wastes
Sep: 19.1996
K150
All others
Dec. 19.1994
K151
Mixed with radioactive wastes
Sep. 19. 1996
K151
All others
Dec. 19.1994
K156
Mixed with radioactive wastes •'
April 8. 1998
K1S6
All others
Julv 8.1996
K157
Mixed with radioactive wastes
April 8.1998
K157
All others
Julv 8. 1996
K1SB
Mixed with radioactive wastes
April 8.1998
K158
All others
Julv 8.1996
K159
Mixed with radioactive wastes
April 8. 1998
K159
All others
Julv 8.1996
Kl'flO
Mixed with radioactive wastes
April 8.1998
K160
All others, v-
Julv 8. 1996
K161
Mixed with radioactive wastes. . .
April 8. 1998
III-313
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or
regulatory requirements are in any way altered by any statements) contained herein.
-------
OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
. REQUIREMENTS (Revised August 1998)
Waste code
Waste category
Effective
date
K161
All others
Julv8.1996
P001
All
Aue. 8.1990
P002
All
Aug. 8. 1990
P003
All
Aue. 8. 1990
P004
All
Aue. 8.1990
P005
All
Aue. 8.1990
P006
All
Aue. 8.1990
P007
All
Aue. 8.1990
P008
All
Aue. 8.1990
P009
All
Aue. 8.1990
P010
Wastewater
Aue. 8.1990
P010
Nonwastewater
Mav 8.1992
P011
Wastewater
Aue. 8.1990
P011
Nonwastewater
Mav 8.1992
P012
Wastewater
Aue. 8.1990
P012
Nonwastewater
Mav 8.1992
P013 (barium)
Nonwastewater
Aue. 8.1990
P013
All others
June 8.1989
P014
All
Aue. 8.1990
P015
All
Aue. 8.1990
P0I6
All
Aue. 8.1990
P017
All
Aue. 8.1990
P018
All
Aue. 8.1990
P020
All
Aue. 8,1990
P021
All
June 8.1989
P022
All
Aue. 8.1990
P023
All
Aue. 8.1990
P024
All
Aue. 8.1990
P026
All
Aue. 8.1990
P027
All
Aue. 8.1990
P028
All
Aue. 8.1990
P029
All
June 8.1989
P030
All
June 8.1989
P031
All
Aue. 8.1990
P033
All
Aue. 8.1990
P034
All
Aue. 8,1990
P036
Wastewater
Aue. 8.1990
P036
Nonwastewater
Mav 8.1992
. P037
All
Aue. 8.1990
P038
Wastewater
Aue.~8.1990
P038
Nonwastewater
Mav'8.1992
' P039
All
June8.1989
P040
All
June~8.1989
P041
All
June 8.1989
P042
AH
Aue. 8.1990
P043
All
June 8.1989
P044
All
June 8.1989
P045
All
Aue. 8.1990
P046
All
Aue. 8.1990
P047
All
Aue. 8,1990
P048
All
Aue. 8.1990
P049
All
Aue. 8.1990
P050
All
Aue. 8.1990
P05I
AU
. Aue. 8.1990
P0S4
All
Aue. 8.1990
P056
All
Aue. 8.1990 .
P057
All
Aue. 8.1990
P058
All
Aue. 8.1990
P059
All
Aue. 8.1990
P060
All
Aue. 8.1990
III-314
FOR USE BY EPA INSPECTION PERSONNEL ONLY. "This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
-------
OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Waste code
Waste category
Effective
date
P062
All
.Iune8.1989
P063
All
June 8.1989
P064
All
Aue. 8.1990
P065
Wastewater
Auk. 8. 1990
P065
Nonwastewater
Mav 8.1992
P066
All
Aue. 8. 1990
P067
All
Aue. 8.1990
P068
All
Aue. 8.1990
P069
All
Aue. 8.1990
P070
All
Aue. 8.1990
P071
All
June8.1989
P072
All
Aue. 8.1990
P073
All
Aue. 8.1990
P074
All
June 8; 1989
P0T5
All
Aue. 8,1990
P076
All
Aue. 8:1990
P077
All
Aue. 8.1990
P078
All
Aue. 8.1990
P081
All
Aue.'8.1990
P082
All
Aue. 8.1990
P084
All
Aue. 8.1990
P085
All
June 8.1989
P087
All
Mav 8.1992
P088
All
Aue. 8.1990
P089
All
June 8.1989
P092
Wastewater
Aue. 8.1990
P092
Nonwastewater
Mav 8.1992
P093
All
Aue. 8.1990
P094
All
June 8; 1989
P095
All
Aue. 8.1990
P096
All
Aue. 8:1990
P097
All
June 8.1989
P098
All
June 8.1989
P099 (silver)
Wastewater
Aue. 8.1990
P099
All others
June 8.1989
P101
All
Aue. 8,1990
P102
All
Aue. 8.1990
P103
All
Aue. 8.1990
P104 (silver)
Wastewater
Aue. 8.1990
P104-
All others
June 8,1989
PW6
All
Aue. 8.1990
P1G6--
All
June 8.1989
P108-
All
Aue. 8.1990
P109-
All
June 8.1989
P110
All
Aue. 8.1990
PHI
All
June 8.1989
P112
All
Aue. 8.1990
PI 13
All
Aue. 8. 1990
PI 14
All
Aue. 8.1990
P115
All
Aue. 8.1990
PI 16
All
Aue. 8.1990
P118
All
Aue. 8.1990
P119
AH.
Aue. 8. 1990
P120
All
Aue. 8.1990
P121
All
June 8.1989
P122
All
Aue. 8.1990
P123
All
Aue. 8.1990
P127
Mixed with radioactive wastes
Aoril 8.1998
P127
All others
Julv 8.1996
P128
Mixed With radioactive wastes
April 8. 1998
III-315
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
-------
OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998) u
Waste code
Waste category
Effective
date
P128
All others
Julv 8.1996
P185
Mixed with radioactive wastes
ADril8. 1998
P185
All others
Julv 8. 1996
P188
Mixed with radioactive wastes
Aoril 8. 1998
PI 88
All others
Julv 8. .1996
P189
Mixed with radioactive wastes
Aoril 8.1998
P189
All others
Julv 8.1996
PI 90
Mixed with radioactive wastes
ADril 8.1998
P190
All others
Julv 8.1996
P191
Mixed with radioactive wastes
Ad(11 8.1998
P191
All others
Julv 8. 1996
P192
Mixed with radioactive wastes
Aoril 8.1998
P192
All others
Julv 8. 1996
P194
Mixed with radioactive wastes
Aoril 8.1998
P194
All others
Julv 8.1996
P196
Mixed with radioactive wastes
Aoril 8.1998
P196
All others
Julv 8.1996
P197
Mixed with radioactive wastes
Adi11 8.1998
P197
All others
Julv 8.1996
P198
Mixed with radioactive wastes
AdiH 8.1998
P198
All others
Julv 8.1996
P199
Mixed with radioactive wastes
ADril8.1998
P199
All others
Julv 8.1996
P201
Mixed with radioactive wastes
Aoril 8.1998
P201
All others
Julv 8.1996
P202
Mixed with radioactive wastes
April 8.1998
P202
All others
Julv 8.1996
P203
Mixed with radioactive wastes
Aoril 8.1998
P203
All others .
Julv 8.1996
P204
Mixed with radioactive wastes ,
Aoril 8.1998
P204
All others
Julv 8.1996
P205
Mixed with radioactive wastes
Aoril 8.1998
P20S
All others
Julv 8.1996
U001
All
Aue. 8.1990
U002
All
Aue. 8.1990
U003
All
Aue. 8.1990
U004
All
Aue. 8.1990
U005
All
Aue. 8,1990
U006
All
Aue. 8.1990
U007
All
Aue. 8.1990
U008
All
Aue. 8.1390
U009
All
Aue. 8. T990
U010
All
Aue. 8.1990
U011
All
Aue. 8.1990
U012
All
Aue. 8.1990
U014
All
Aue. 8.1990
U015
All
Aue. 8.1990
U016
All
Aue; 8.1990
U017
All .
Aue. 8.1990
U018
All
Aue. 8.1990
U019
All
Aue. 8.1990
U020
All
Aue. 8:-1990
U021
All
Aue; 8.1990
U022
All
Aue; 8; 1990
U023
All
Aue. 8.1990
U024
All .
Aue. 8.1990
U025
All
Aue. 8,1990
U026
All
Aue. 8; 1990
U027
All; ..
Aue: 8. 1990
U028
All
June 8,1989
III-316
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
-------
OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Waste code
Waste category
Effective
date
U029
All
Aue. 8.1990
U030
All
Aue. 8.1990
U031
All
Aue. 8.1990
U032
All
Aue. 8.1990
U033
All
Aue. 8.1990
U034
All
Aue. 8.1990
U035
All
Aug. 8.1990
U036
All
Aue. 8.1990
U037
All
Aue. 8.1990
U038
All
Aue. 8.1990
U039
All
Aue. 8.1990
U04'l
All
Aue. 8.1990
vdi2
All
Aue. 8.1990
U0'43
All
Aue. 8.1990
U044
All
Aue. 8.1990
U045
All
Aue. 8.1990
U046
All
Aue. 8.1990
U047
All '
Aue. 8.1990
U048
All
Aue. 8.1990
U049
All
Aue. 8.1990
U050
All
Aue. 8.1990
U0S1
All
Aiie. 8.1990
U052
All
Aue. 8.1990
U053
All
Aue. 8.1990
U055
All
Aue. 8.1990
U056
All
Aue. 8.1990
U057
All
Aue. 8.1990
U058 ^
All
June 8.1989
U0S9 , ' '
All
Aue. 8:1990
U060
"All ¦ ' . •
Aue. 8.1990
U061
All
Aue; 8.1990
U062
All
Aue. 8.1990
U063
'All - '
Aue. 8.1990
U064
All
Aue. 8.1990
U066
All
Aue. 8.1990
U067
All
Aue. 8.1990
U068
All
Aue. 8.1990
U069
All
June 30.1992
U070
All
Aue. 8.1990
U0?1
All
Aue. 8.1990
U0?2
All •
Aue. 8.1990
U073
All I
Aue. 8.1990
UOM-
All
Aue. 8.1990
U075
All
Aue. 8.1990
U076
All
Aue. 8.1990
U077
All
Aue.-8.1990
U078
All /
Aue. 8.1990
U079
All
Aue. 8.1990
U080
All
Aue. 8.1990
U081
All
Aue. 8. 1990
U082
All
Aue. 8.1990
U083
All
Aue. 8.1990
U084
All
Aue. 8.1990
U08S
All
Aue. 8.1990
U086
All
Aue. 8.1990
U087
AH
June 8.1989
U088
All
June 8.1989
U089
All
Aue. 8.1990
U090
All
Aue. 8.1990
U091
ah
Aue. 8.1990
III-317
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way alteredby any statements) contained herein.
-------
OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Waste code
Waste category
Effective
date
U092
All
Aue. 8.1990
U093
All
Aue. 8. 1990
U094
All
Aue. 8. 1990
U095
All
Aue. 8.1990
U096
All
Aue. 8.1990
U097
All
Aue. 8.1990
U098
All
Aue. 8.1990
U099
All
Aue. 8.1990
U101
All
Aue. 8.1990
U102
All
June 8.1989 -
UI03
All
Aue; 8.1990
U10S
All
Aue. 8. 1990
UI06
All
Aue. 8.1990
U107
All
June 8.1989
U108
All
Aue. 8.1990
U109
All
Aue. 8.1990
U110 >
All
Aue. 8.1990
Ulll
All
Aue. 8.1990
U1I2
All
Aue. 8.1990
U113
All
Aue. 8.1990
JJ114
All
Aue. 8.1990
U115
All
Aue. 8; 1990
U1I6
All
Aue. 8.1990-
U117
All
Aue. 8.1990
U118
All
Aue. 8.1990
U119
All
Aue. 8.1990
UI20
All
Aue. 8; 1990
U121
All
Aue. 8.1990
U122
All
Aue. 8:1990
U123
All
Aue. 8.1990
U124
All
Aue. 8.1990
U125
All
Aue. 8.1990
UI26
All
Aue. 8.1990
U127
All
Aue. 8.1990
U128
All
Aue. 8.1990
U129
All
Aue. 8.1990
U130
All
Aue. 8.1990
U131
All
Aue. 8.1990
ill 32
All
Aue. 8.1990
U133
All
Aue. 8.1990
U134
All
Aue. 8.1990
UI35
All
Aue. 8.1990
U136
Wastewater
Aue. 8.1990
U136
Nonwastewater
Mav 8.1992
U137
All
Aue. 8.1990
U138
All
Aue. 8.1990
U140
All
Aue. 8.1990
U141
All
Aue. 8.1990
U142
All
Aue. 8.1990
U143
AU
Aue. 8.1990
U144
All
Aue. 8.1990
Ul 45
All
Aue. 8.1990
U146
All
Aue. 8.1990
U147
All
Aue. 8.1990
U148
All
Aue. 8.1990
U149
All
Auel 8.1990
U1S0
All
AueV'8; 1990
U151
Wastewater
AM. 8.1990 .
ui5i ."S-t:",
Nonwastewater
Mav 8.1992
ui52 ¦ ¦¦¦•¦ • ' '
"Air • ¦"
Aue.8.1990
III-318
FOR USE BY EPA INSPECTION.PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
-------
OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Waste code
Waste category
Effective
date
U153
All
Aue. 8.1990
U154
All
Aug. 8.1990
U155
All
Aue. 8.1990
U156
All
Aue. 8.1990
U157
All
Aue. 8.1990
U158
All
Aue. 8.1990
U159
All
Aue. 8.1990
U160
All
Aue. 8.1990
1)161
All
Aue. 8.1990
U162
All
Aue. 8.1990
U163
All
Aue. 8.1990
U164
All
Aue. 8.1990
U165
All
Aue. 8.1990
U166
All
Aue. 8.1990
U167
All
Aue. 8.1990
U168 .
All
Aue. 8.1990
U169
All
Aue. 8.1990
UlfO
All
Aue. 8:1990
U171
All
Aue. 8,1990
U172
All
Aue. 8.1990
U173
All ,
Aue. 8.1990
U174
All
Aue. 8.1990
U176
All
Aue. 8.1990
U177
All
Aue. 8.1990
U178
All
Aue. 8.1990
U179
All
Aue. 8.1990
U180
All
Aue. 8.1990
U181
All
Aue. 8.1990
U182
All
Aue. 8.1990
U183
All
Aue. 8.1990
U184
All
Aue. 8.1990
U185
All
Aue. 8.1990
U186
All
Aue. 8.1990
U187
All
Aue. 8.1990
U188
All
Aue. 8.1990
U189
All
Aue. 8.1990
U190
All
June 8.1989
U191
All
Aue. 8.1990
U192
All
Aue. 8.1990
U193
All
Aue. 8.1990
U194
All
June 8,1989
U196
All
Aue. 8.1990
U197
All
Aue. 8.1990
U200
All
Aue. 8.1990
U201
AU
Aue. 8,1990
U202
All
Aue. 8.1990
U203
All
Aue. 8.1990
U204
All
Aue. 8.1990
U205
All
Aue-8,1990
U206
All
Aue. 8.1990
U207
All
Aue. 8.1990
U208
All
Aue. 8.1990
U209
All
Aue. 8.1990
U210
All
Aue. 8.1990
U211
All
Aue. 8.1990
U213
All
Aue. 8.1990
U214
All
Aue. 8. 1990
U21S
All
Aue. 8.1990
U216
All
Aue. 8.1990
U217
AU ... ...'. ..
Aug. 8,1990
III-319
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or
regulatory requirements are In any way altered by any statements) contained herein.
-------
OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Waste code
Waste category
Effective
date
U218
All
Aue. 8.1990
U219
All
Aug. 8,1990
U220
All
Aue. 8.1990
U221
All
JuneS. 1989
U222
All
Aue. 8.1990
U223
All
June 8.1989
U225
All
Aue. 8.1990
U226
All
Aue. 8.1990
U227
All
Aue. 8.1990
U228
All
Aue. 8.1990
U234
All
Aug. 8.1990
U235
All
June 8.1989
U236
All
Aue. 8.1990
U237
All
Aue. 8.1990
U238
All
Aue. 8.1990
U239
All
Aue. 8.1990
U240
All
Aue. 8.1990
U243
All
Aue. 8.1990
V244
All
Aue. 8,1990
U246
All
Aue. 8.1990
U247
All
Aue. 8.1990
U248
All
Aue. 8.1990
U249
All
Aue. 8.1990
U271
Mixed with radioactive wastes
Aoril 8.1998
U271
All others
Julv8.1996
U277
Mixed with radioactive wastes
AdiII 8.1998
U277
All others
Julv 8.1996
U278
Mixed with radioactive wastes
Aorll 8.1998
U278
All others
Julv 8.1996
U279
Mixed with radioactive wastes
Anril 8.1998
U279
All others
Julv 8.1996
U280
Mixed with radioactive wastes
Arnil 8.1998
U280
All others
Julv 8.1996
U328
Mixed with radioactive wastes
June 30.1994
U328
All others
Nov. 9.1992
U353
Mixed with radioactive wastes
June 30.1994
U353
All others
Nov. 9.1992
U359
Mixed with radioactive wastes
June 30.1994
U359
All others
Nov. 9. 1992
U364
Mixed with radioactive wastes
AdiII 8.1998
U364
All others
July 8.1996
U365
Mixed with radioactive wastes
AdiII 8.1998
U365
All others
Julv 8.1996
U366
Mixed with radioactive wastes
Aorll 8.1998
U366
All others
Julv 8.1996
U367
Mixed with radioactive wastes
AdiII 8.1998
U367
All others
Julv 8.1996
U372
Mixed with radioactive wastes
AdiII 8.1998
U372
All others
Julv 8.1996
U373
Mixed with radioactive wastes
AdiII 8.1998
U373
All others '
Julv 8.1996
U375-
' Mixed with radioactive wastes
Aorll 8; 1998
U375
All others
Julv 8. 1996
U376
Mixed with radioactive wastes
Aorll 8.1998
U376
All others
Julv 8.1996
U377
Mixed with radioactive wastes
April 8. 1998
U377
All others
Julv 8. 1996
U378
Mixed with radioactive wastes
AdiII 8.1998
U378
All others
Julv 8.1996
U379
Mixed with radioactive wastes
Aorll 8.1998
III 320
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
-------
OSWER Dit1. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Waste code
Waste category
Effective
date
U379
All others
Julv8.1996
U381
Mixed with radioactive wastes
April 8.1998
U381
All others
Julv 8.1996
U382
Mixed with radioactive wastes
ADril8. 1998
U382
All others
Julv 8.1996
U383
Mixed with radioactive wastes
AdiII 8.1998
U383
All others
Julv 8,1996
U384
Mixed with radioactive wastes
AdHI 8.1998
U384
All others
Julv 8.1996
U385
Mixed with radioactive wastes
AdiII 8.1998
U385
All others
Julv 8.1996
U386
Mixed with radioactive wastes
AdiII 8.1998
U386
All others
Julv 8.1996
U387
Mixed with radioactive wastes
Aoril8.1998
U387
All others
Julv 8.1996
U389
Mixed with radioactive wastes
AdiII 8.1998
U389
All others
Julv 8.1996
U390
Mixed with radioactive wastes
ADiil8.1998
U390
All others
July 8.1996
U391
Mixed with radioactive wastes
AdiII 8.1998
U391
All others
Julv 8.1996
U392
Mixed with radioactive wastes
AdiII 8.1998
U392
All others
Julv 8.1996
U393
Mixed with radioactive wastes
Aoril8.1998
U393
All others
Julv 8.1996
U394
Mixed with radioactive wastes
Aorll 8.1998
U394
All others
Julv 8.1996
U395
Mixed with radioactive wastes
AdHI 8.1998
U395
All others
Julv 8.1996
U396
Mixed with radioactive wastes
AdiII 8.1998
U396
All others
Julv 8:1996
U400
Mixed with radioactive wastes
April 8,1998
U40O
All others
Julv 8; 1996
U401
Mixed with radioactive wastes
AdHI 8.1998
U401
All others
Julv 8.1996
U402
Mixed with radioactive wastes
AdiII 8.1998
U402
Allothers
Julv 8.1996
U403
Mixed with radioactive wastes
AdHI 8.1998
U403
Allothers
Julv 8.1996
U404
Mixed with radioactive wastes
Aorll 8.1998
U404
Allothers
Julv 8.1996
U407
Mixed with radioactive wastes
AdiII 8.1998
U407
: All others
Julv 8.1996
U409"
Mixed with radioactive wastes
Aorll 8.1998
U409
All others
Julv 8.1996
U410
Mixed with radioactive wastes
Aorll 8.1998
U4I0
Allothers
Julv 8.1996
U411
Mixed with radioactive wastes
AorilB. 1998
U411
All others
Julv 8.1996
* This table does not include mixed radioactive wastes (from the First, Second, and Third rules) which received national
capacity variance until May 8,1992. This table also does not include contaminated soil and debris wastes.
b The standard was revised in the Third Third Final Rule (55 FR 22520, June 1, 1990).
e The standard has been revised in the Third Third Emergency Rule (58 FR 29860, May 24.1993); the original effective date
was August 8,1990. * „ '
d The standard has been revised in the Phase II Final Rule (59 FR 47982, Sept. 19,1994); the original effective date was August
8, 1990.
NATIONAL CAPACITY LDR VARIANCES FOR UIC WASTES®
III-321
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
-------
OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Waste code
Waste category
Effective
date
FD01-F005
All spent F001-F005 solvent containing less than 1
percent total FOOI-F005 solvent constituents.
Aug. 8, 1990
D001 (except High TOC Ignitable
Liauids Subcategory)'
All
Feb. 10, 1994
D001 (High TOC Ignitable
Characteristic Liauids Subcateeorv)
Nonwastewater
Sept. 19, 1995
D002"
All
Mav 8.1992
D002c
All
Feb. 10. 1994
D003 (cyanides)
All
Mav 8.1992
D003 (sulfides)
All
Mav 8.1992
D003 (exolosives. reactives)
All
Mav 8.1992
D007
All
Mav 8.1992
D009
Nonwastewater
Mav 8. 1992
D012
All
Sept: 19.1995
D013
All
SeDt. 19.1995
D014
All
Sent. 19.1995
D01S
All
Sent. 19.1995
D016
All
Sept. 19.1995
D017
All
SeDt. 19.1995
D018
All, including mixed with radioactive wastes
April 8.1998
D019
All. indudine mixed with radioactive wastes
April 8.1998
D020
All. indudine mixed with radioactive wastes
April 8. 1998
D021
All. indudine mixed with radioactive wastes
April 8.1998
D022
All. indudine mixed with radioactive wastes
AorilS. 1998
D023
All. indudine mixed with radioactive wastes
April 8.1998
D024
All. indudine mixed with radioactive wastes
April 8.1998
D025
All. indudine mixed with radioactive wastes
April 8.1998
D026
All. indudine mixed with radioactive wastes
Aprils. 1998
D027
All. indudine mixed with radioactive wastes
April 8.1998
D028
All. indudine mixed with radioactive wastes
April 8.1998
D029
All. indudine mixed with radioactive wastes
April 8.1998
D030
All. indudine mixed with radioactive wastes
April 8.1998
D031
All. indudine mixed with radioactive wastes
April 8.1998
D032
All. indudine mixed with radioactive wastes
April 8.1998
D033
All. indudine mixed with radioactive wastes
April 8.1998
D034
All. indudine mixed with radioactive wastes
April 8. 1998
D035
All. indudine mixed with radioactive wastes
April 8.1998
D036
All, indudine mixed with radioactive wastes
April 8.1998
D037
All. indudine mixed with radioactive wastes
April 8.1998
D038
All. indudine mixed with radioactive wastes
April 8.1998
D039 /
All. indudine mixed with radioactive wastes
April 8.1998
D040
All. indudine mixed with radioactive wastes
April 8.1998
D041
All. indudine mixed with radioactive wastes
April 8.1998
D042
All. indudine mixed with radioactive wastes
April 8.1998
D043
All. indudine mixed with radioactive wastes
April 8.1998
F007
All
June 8.1991
F032
All. indudine mixed with radioactive wastes
Mav 12.1999
F034
All. indudine mixed with radioactive wastes
Mav 12.1999 ;
F035
All. indudine mixed with radioactive wastes
Mav 12.1999
F037
All
Nov. 8. 1992
F038
All
Nov. 8. 1992
F039
Wastewater
Mav 8.1992
K009
Wastewater
June 8.1991
K011
Nonwastewater
June 8,1991
K011
Wastewater
Mav 8.1992
K013
Nonwastewater
June 8.1991
K013
Wastewater
Mav 8.1992
KOI 4
All.
Mav 8.1992
K016 (dilute)
All; .
: June 8.1991 i.
K049
All,
Aue. 8.1990
III 322
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or
regulatory requirements are In any way altered by any statements) contained herein.
-------
OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Waste code
Waste category
Effective
date
K0S0
All
Aue. 8.1990
K051
All
Aue. 8. 1990
K052
All
Aue. 8.1990 '
K062
All
Aue. 8.1990
K071
All
Aue. 8.1990
K088
All
Jan. 8.1997
K104
All .
Aue. 8.1990
K107
All
Nov. 8.1992
K108
All
Nov. 9.1992
K109
All
Nov. 9.1992
K110
All
Nov. 9.1992
Kill
All
Nov. 9.1992
K112
All
Nov. 9.1992
KUJ
All
June 30.1995
K1.18
All
June 30.1995
K123
All
Nov. 9.1992
K124
All '
Nov. 9.1992
K125
All
Nov. 9.1992
K126
All
Nov. 9.1992
K131
All
June 30.1995
K132
All ¦ .
June 30.1995
K136
All
Nov. 9.1992
K141
All
Dec. 19.1994
K142
All
Dec. 19.1994
K143
All
Dec. 19.1994
K144
All
Dec. 19.1994
K145
All
Dec. 19. 1994
K147
All
Dec. 19.1994
K148
All
Dec. 19.1994
K149
..'All
Dec. 19i. 1994
KISO
All
Dec. 19.1994
KI51
All
Dec. 19.1994
K1S6
AH ¦
Julv8.1996
K1S7
All
Julv8.1996
K1S8
All
July 8.1996
KI59
All
July 8.1996
K160
All
July 8.1996
K161
All
Julv 8.1996
P127
All
July 8.1996
Pi-28
All
July 8.1996
P185
All
Julv 8.1996
Pi 88:
All
Julv 8.1996
P189
All
Julv 8.1996
P190
All
Julv 8.1996
P191
All
Julv 8.1996
P192
All
Julv 8.1996
P194
All
Julv 8.1996
PI 96
All
Julv 8.1996
PI 97
All
Julv 8.1996
P198
All
Julv 8.1996
Pi 99
All
Julv 8.1996
P201
All
Julv 8.1996
P202
All
Julv 8.1996
P203
All
Julv 8.1996
P204
All ,
Julv 8.1996
P205
All
Julv 8. 1996
U271
All
Julv 8. 1996
U277
AH
Julv 8.1996
U278 . .
All
Julv 8; 1996
U279
All "
Julv 8.1996
III-323
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
-------
OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Waste code
Waste category
Effective
date
U280
All
July 8. 1996
U328
All
Nov. 9.1992
U353
All
Nov. 9.1992
U359
All
Nov. 9.1992
U364
All
July 8.1996
U365
All
July 8.1996
U366
All
July 8.1996
U367
All
July 8.1996
U372
All
July 8.1996
U373
All
July 8.1996
U375
All
July 8.1996
U376
All
July 8.1996
U377
All
July 8.1996
U378
All
July 8.1996
U379
All
Julv 8.1996
U381
All
Julv 8.1996
U382
All
July 8.1996
U383
All
Julv 8.1996
U384
All
Julv 8.1996
U385
All
Julv 8.1996
0386
All
Julv 8.1996
U387
All
Julv 8.1996
U389
All
Julv 8.1996
U390
All
July 8.1996
U391
All
Julv 8.1996
U392
All
July 8.1996
U393
All
Julv 8.1996
U394
All
July 8.1996
U39S
All
Julv 8.1996
U396
All
Julv 8.1996
U400
AH
Julv 8.1996
U401
All
Julv 8.1996
U402
All
Julv 8.1996
U403
All
Julv 8.1996
U404
All
Julv 8.1996
U407
All
Julv 8.1996
U409
All
Julv 8.1996.
U410
All
Julv 8:1996
U411
All
Julv 8.1996
• Wastes that are deep well disposed on-site receive a six-month variance, with restrictions effective in November i 990.
b Deep well injected D002 liquids with a pH less than 2 must meet the California List treatment standards on August 8,1990.
' Managed in systems defined in 40 CFR 144.6(e) and 14.6(e) as Class V injection wells, that do not engage in CWA-equivalent
treatment before Injection.
Note: This table is provided for the convenience of the reader.
III-324
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
:: regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Inspection Procedures - Sections 268.13, and 268.30 through 268.39
• As treatment standards have been established in the rulemakings that comprise Part 268,
the Agency has found that in some cases, there is not enough immediate treatment capacity
for generators to meet treatment standards prior to land disposal. In order to allow
treatment capacity to be developed, while at the same time continuing to meet other LDR
requirements (such as paperwork), National Capacity Variances were established. National
Capacity Variances can be in effect for up to two years and temporarily extend prohibition
effective dates. Part 268, Subpart C outlines when treatment standards come into effect, and
thus when a certain waste is prohibited. During a variance, the generator must:
- Comply with recordkeeping required under §268.7, including the special notification in
§268.7(a) (3);
- Determine if the waste meets any of the criteria of the California list prohibitions and, if
so, treat it accordingly; and
- Dispose of the waste in a minimum technology unit specified in §268.5 if the waste is not
treated to meet applicable treatment standards.
[Note: Variances can also be granted on a case-by-case basis for up to two years under
§268.44. This variance would be applied in cases where a contaminant in the waste makes
treatment difficult, and thus precludes its acceptance at treatment, storage, or disposal
facilities.]
• Inspectors should be aware that treatment capacity for mixed radioactive/hazardous waste
is still very limited. In the interim, enforcement personnel should verify that the following
precautions are being implemented:
- Mixed radioactive/hazardous wastes are being stored in a secure, hazardous waste
permitted area;
-- Drums or storage containers are not leaking; and
- Periodic monitoring is conducted to ensure that leakage is not occurring.
III-325
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Inspection Procedures - Sections 268.13, and 268.30 through 268.39
(Continued)
• Inspectors should be aware that the potential still exists for generators to do the following:
- Misclassify waste
-- Impermissibly dilute
-- Perform improper waste analysis (TCLP/Total Waste Analysis)
- Perform improper identification of treatability groups.
-- Misidentification or classification
-- Impermissible dilution of characteristic waste
-- Impermissible dilution of listed waste
- -- Impermissible dilution of characteristic waste in a centralized treatment system
-- Improper designation of treatability groups
III-3Z6
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended1 solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Treatment Standards
§268.40 Applicability of Treatment Standards
(a) A restricted waste'identified in §268.40 may be land disposed only if it meets the
requirements found in the table in §268.40.
(b) For wastewater, compliance for concentration levels is measured by maximums for any
one day, except for D004 - D011 wastewaters which are measured based on grab
sampling. Compliance for nonwastewater concentration levels is measured based upon
grab samples. Sampling for compliance is not necessary for technology-based treatment
standards.
(c) When wastes with differing treatment standards for a constituent of concern are
combined for the purposes of treatment, the treatment residue must meet the lowest
treatment standard for the constituent of concern.
(d) This section provides the conditions that treatment arid disposal facilities must meet to
show compliance with the treatment standards for organic constituents and certify
compliance with §268.7{b)(5).
(e) For characteristic wastes (D001-D043) that are subject to treatment standards in the
following table "Treatment Standards for Hazardous Wastes," and are not managed in a
wastewater treatment system that is regulated under the Glean Water Act (CWA), that
is CWA-equivalent, or that is injected into a Class I nonhazardous deep injection well,
all underlying hazardous constituents (as defined in §268.2(i)) must meet Universal
Treatment Standards, found in §268.48, prior to disposal as defined in §268.2(c).
(f) The treatment standards for F001-F005 nonwastewater constituents carbon disulfide,
cyclohexanone, and/or methanol apply to wastes which contain only one, two, or three of
these constituents. If waste contains any of these constituents along with any of the
other 25 constituents, then compliance with the treatment standards for the three
constituents is not required.
^(g) This section lists special alternative treatment standards for listed waste from
carbamate production^ Between August 26, 1996 and August 26, 1998, treatment
standards could be satisfied by either meeting the numerical standards in the treatment
table or complying with certain technology standards listed in the regulation. [Note:
The dates lists in the regulation were originally August 26, 1996 to August 26, 1997.
These dates were subsequently amended, (see 61FR 43924, August 26, 1996 and 62 EE
45568, August 28, 1997).l
(h) Prohibited D004-D011 mixed radioactive wastes and mixed radioactive listed wastes
containing metal constituents, that were previously treated by stabilization to the
treatment standards in effect at that time and then put into storage, do not have to be
retreated to meet treatment standards in this section prior to disposal.
III-327
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s)'contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Treatment Standards (Continued)
(i) This section lists special alternative treatment standards for listed waste from
carbamate production. Effective September 4, 1998, treatment standards for certain
carbamate wastes (P- and U- listings only) can be satisfied using either the numerical
standards listed in the treatment standard table or certain technology standards that
are listed in the regulation.
§268.41 Treatment Standards Expressed as Concentrations in Waste Extract
§268.42 Treatment Standards Expressed as Specified Technologies
§268.43 Treatment Standards Expressed as Waste Concentrations
§268.44 Variance from a Treatment Standard
(a) Where the treatment standard is expressed as a concentration in a waste or waste
extract and a waste cannot be treated to the specified level, or where the treatment
technology is not appropriate to the waste, the generator or TSDF may petition the
Administrator for a variance from the treatment standard. The petitioner must
demonstrate that because the physical or chemical properties of the waste differ
significantly from the wastes analyzed in developing the treatment standard, the waste
cannot be treated to specified levels or by the specified methods.
(b) Petitions must be submitted in accordance with the procedures in §260.20.
(c) Each petition must include certification as required by §268.40(c).
(e) The Administrator will give public notice of the intent to approve or deny a petition in
the Federal Register and provide the opportunity for public comment.
(f) A generator or TSDF that is managing waste covered by a variance from the treatment
standards must comply with the waste analysis requirements under §268.7.
(g) During the review process, the applicant is required to comply with all LDR
requirements that are applicable.
(h) Where a treatment standard or technology is not appropriate to the waste, the generator
or TSDF may apply for a site-specific variance in accordance with §268.44.
III-328
FOR USE BY EPA INSPECTION PERSONNEL ONLY; This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998) "
Inspection Procedures - Subpart D, Sections 268.40 through 268.44
An inspector should carefully review the notification records for a particular waste code or
waste code matrix to determine if:
• the proper wastewater or nonwastewater (defined in §268.2) category was identified;
• the applicable treatment subcategory was identified (e.g., D001, oxidizers based on
§261.21(a)(4)); and
• all treatment standards have been met.
Many waste codes must meet treatment standards under §268.40 for multiple constituents.
In certain cases, the treatment standard may be expressed as a concentration in TCLP, and others
as a total concentration, for example: F006 nonwastewater contains certain metals, such as
cadmium and nickel, which have treatment standards expressed as a concentration in TCLP and
cyanide, which has a treatment standard expressed as a total concentration. If a waste contains
such a combination, the owner/operator that is treating the waste must be sure to either test, or
apply knowledge, for both analyses in order to ensure that all applicable treatment standards are
met.
In most cases, if a specified technology is required, the resulting treatment residue need not
be tested to determine compliance with Subpart D, Exceptions do exist, however, including F024
nonwastewaters.
In situations where a waste may be significantly different from the waste considered in
establishing a treatment standard, a variance from the treatment standard may be issued on a case-
by-case basis under §268.44.
III-329
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Alternative Treatment Standards for Debris
§268.45 Treatment Standards for Hazardous Debris
(a) Hazardous debris must be treated prior to land disposal to either the waste-specific
treatment standards or according to the following alternative treatment
requirements, unless EPA determines under §261.3(f)(2) that the debris is no longer
contaminated with a hazardous waste. The debris alternative treatment standards
do not apply if the hazardous debris is treated to the waste-specific treatment
standard.
(1) General. Hazardous debris must be treated for each "contaminant subject to
treatment" defined by paragraph (b) using the technology or technologies
identified in Table 1.
(2) Characteristic debris. Hazardous debris that exhibits the characteristic of
ignitability, corfosivity, or reactivity must be deactivated by treatment using
one of the technologies identified in Table 1.
(3) Mixtures of debris types. The treatment standards of Table 1 must be
achieved for each type of debris contained in a mixture of debris types. If an
immobilization technology is used in a treatment train, it must be the last
treatment technology used.
(4) Mixtures of contaminant types. Debris that is contaminated with two or
more contaminants subject to treatment identified in paragraph (b) must be
treated for each contaminant using one of more treatment technologies
identified in Table 1. If an immobilization technology is used in a treatment
train, it must be the last treatment technology used.
(5) Waste PCBs. Hazardous debris that is also a waste PCB under 40 CFR Part
761 is subject to the requirement of either 40 CFR Part 761 or the
requirement of this section, whichever are more stringent.
(b) Contaminant subject to treatment Hazardous debris must be treated for each
"contaminant subject to treatment." The contaminants subject to treatment must be
determined as follows:
(1) Toxicity characteristic debris. The contaminants subject to treatment for
debris that exhibits the Toxicity Characteristic by §261.24 of this chapter are
those TC constituents for which the debris exhibits the TC toxicity
characteristic.
(2) Debris contaminated with a listed waste. The contaminants subject to
treatment for debris that is contaminated with a prohibited listed hazardous
waste are those constituents or wastes for which treatment standards are
established for the waste under §268.40.
Ill 330
FOR USE BY EPA INSPECTION PERSONNEL ONLY. Thlsmanual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Alternative Treatment Standards for Debris (continued)
(3) Cyanide-reactive debris. Hazardous debris that is reactive because of
cyanide must be treated for cyanide.
(c) Conditional exclusion of treated debris. Hazardous debris that has been treated
using one of the specified extraction or destruction technologies in Table 1 and that
does not exhibit a characteristic of hazardous waste after treatment is not a
hazardous waste and need not be managed in a Subtitle C facility.
Hazardous debris contaminated with a listed waste that is treated by ah
immobilization technology specified in Table 1 is a hazardous waste and must be
managed in a subtitle C facility.
(d) Treatment Residuals
(1) General Requirements. Except as provided by paragraphs (d)(2) and (d)(4) of
this section:
(i) Residue from the treatment of hazardous debris must be separated
from the treated debris using simple physical or mechanical means;
and
(ii) Residue from the treatment of hazardous debris is subject to the
waste-specific treatment standards for the waste contaminating the
debris.
(2) Non-toxic debris: Residue from the deactivation of ignitable, corrosive, or
reactive characteristic hazardous debris (other than cyanide-reactive) that is
not contaminated with a "contaminant subject to treatment" defined in
paragraph (b), must be deactivated prior to land disposal and is not subject
to the waste-specific treatment standards.
(3) Cyanide-reactive debris. Residue from the treatment of debris that is
reactive because of cyanide must meet the standards for D003 under
§268.40.
(4) Ignitable nonwastewater residue. Ignitable nonwastewater residue
containing equal to or greater than 10% total organic carbon must meet the
technology-based standards for D001 under §268.40.
(5) Residue from spalling. Layers of debris removed by spalling are hazardous
debris that remain subject to the treatment standards of this section.
111-331
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Inspection Procedures - Section 268.45
When hazardous waste debris is generated, the facility that treats the waste can choose to
comply with the treatment standard for each waste code that applies to the waste under
§268.40, or meet the alternative debris treatment standards of §268.45.
Under the debris alternative treatment standards, the regulations are designed to apply to
each step of the treatment process. The following illustration shows what regulations apply
to each step of the treatment process:
Meet §268.40
The Alternative Treatment Standards for Hazardous Debris table is divided into three
technology types: extraction, destruction, and immobilization technologies. Hazardous
Debris that has been treated by either the extraction or destruction technologies (and does
not, after treatment, exhibit a characteristic of hazardous waste) is not considered to be
hazardous and need not be managed at a Subtitle C facility. However, hazardous debris
that has been treated by immobilization technologies remains hazardous and must be
further managed at a Subtitle C facility.
Inherently hazardous debris - Inherently hazardous debris is itself hazardous because it is
fabricated with toxic constituents (i.e., it is not debris that is mixed with hazardous waste, it
is hazardous waste in of itself). Examples of inherently hazardous debris include lead pipes
or refractory bricks containing chromium. Inherently hazardous debris that is destined for
disposal is required to be immobilized, then sent to a Subtitle D (solid waste) facility.
Owners/operators that choose to treat inherently hazardous debris by extraction or
destruction must follow this treatment with immobilization prior to disposal.
III-332
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Inspection Procedures ¦ Section 268.45
Key Considerations:
• If the treatment facility has a hazardous waste debris, are they meeting the as-generated
waste treatment standards or the alternative debris treatment standards?
• Has the treatment facility correctly identified the contaminants subject to treatment?
• Is the treatment facility using immobilization? If so, is the resulting treated debris destined
for a Subtitle C disposal unit?
• Is the treatment facility treating inherently hazardous debris? Has the debris been
immobilized prior to placement in a Subtitle C disposal unit?
• Is the treatment facility adequately characterizing and handling the treatment residual?
111-333
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory, requirements are in any way altered by any statements) contained herein.
No statutory or
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
¦ REQUIREMENTS (Revised August 1998) .
Universal Treatment Standards
§268.48 Universal treatment standards
(a) The UTS Table identifies the hazardous constituents, along with the nonwastewater
and wastewater treatment standard levels, that are used to regulate most prohibited
hazardous waste with numerical limits. For determining compliance with treatment
standards for underlying hazardous constituents as defined in §268.2(i), these
treatment standards may not be exceeded. Compliance with these treatment
standards is measured by an analysis of grab samples, unless otherwise noted in the
following Table UTS.
III-334
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely.for.guidance. No statutory or
regulatory requirements are in any way altered by any statemerit(sj contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised Aueust 1998)
Inspection Procedures - Section 268.48
• Many characteristic wastes must meet underlying hazardous constituent (UHC) levels in
addition to meeting a constituent specific level prior to land disposal. In the table of
treatment standards under §268.40, a waste must meet UHC levels if the treatment
standard contains the phrase "...and meet §268.48 standards;" According the definition in
268.2, UHC means any constituent listed in 268.48 (the Universal Treatment Standards),
except fluoride, vanadium, and zinc. Therefore, this section is applicable only if specifically
referenced by the table of treatment standards under §268.40.
• If directed by the treatment standard table in §268.40 to meet §268.48 levels, generators or
treatment facilities are required look for constituents reasonably expected to be present. To
ascertain which constituents are "reasonably expected to be present," generators or
treatment facilities are not required to test for every constituent in the table.
Owners/operators may base this determination on their knowledge of the raw materials
they use, the process they operate, and the potential reaction products of the process, or
upon the results of a one-time analysis for the entire list of constituents at §268.48.
i
• When the Universal Treatment Standards were promulgated, EPA also used the
standardized levels for each constituent to unify the treatment standards for the listed
waste. The constituents requiring treatment under §268.40 were not affected.
Key Considerations:
• Is the waste characteristic? Does the treatment standard for the waste under §268.40
specifically reference §268.48?
• Has the generator or treatment facility ascertained which constituents are "reasonably
expected to be present" in the waste? Have the treatment standards for those constituents
been met without dilution?
III-335
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory' or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised Aueust 1998)
Soil Alternative Treatment Standards
§ 268.49 Alternative LDR treatment standards for contaminated soil.
(a) Determining whether soil is contaminated with a hazardous waste works differently for
characteristic and listed wastes. If soil exhibits a characteristic at the point of generation, LDR
applies, even if the soil subsequently no longer exhibits the characteristic.
The following chart describes whether LDRs apply to soil contaminated by listed hazardous
waste:
If LDRs...
And If LDRs...
And If...
Then You...
Applied to the listed waste
when it contaminated the
soil*
Apply to the
listed waste now
Must comply
with LDRs
Did not apply to the listed
waste when it was
contaminated the soil*
Apply to the
listed waste now
The soil is determined to
contain the listed waste
when the soil Is first
generated.
Must comply
with LDRs
Did not apply to the listed
waste when it was
contaminated the soil*
Apply to the
listed waste now
The soil js determined not
to contain the listed waste
when the soil is first
generated.
Need not comply
with LDRs
Did not apply to the listed
waste when it was
contaminated the soil*
Don't apply to
the listed waste
now
Need not comply
with LDRs
* For dates of LDR applicability, see 40 CFR Part 268 Appendix VII. To determine the date any
given listed hazardous waste contaminated any given volume of soil, use the last date any given
listed hazardous waste was placed into any given land disposal unit or, in the case of an
accidental spill, the date of the spill.
(b) Prior to land disposal, hazardous contaminated soil must be in compliance with either the soil
alternative treatment standards or the Universal Treatment Standards specified in 40 CFR
268.48 that are applicable to the contaminating listed hazardous waste and/or the applicable
characteristic of hazardous waste.
The treatment standards specified in paragraph (c) of this section and the Universal Treatment
Standards may be modified through a treatment variance approved in accordance with 40 CFR
268.44.
III-336
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Soil Alternative Treatment Standards
(c) Alternative treatment standards for contaminated soils:
(1) Regardless of whether the soil is contaminated with a listed waste or exhibits a
characteristic, it must meet the following standards to comply with the alternative
standards:
• For non-metals, treatment must achieve 90 percent reduction in total
constituent concentrations. This standard is capped at 10 times the Universal
Treatment Standard (under §268.48).
• For metals, treatment must achieve 90 percent reduction in constituent
concentrations as measured in leachate from the treated media (tested according
. to the TCLP) or 90 percent reduction in total constituent concentrations (when a
metal removal treatment technology is used). This standard is also capped at 10
times the Universal Treatment Standard (under §268.48).
(2) For soils that exhibit the ignitability, corrosivity, or reactivity characteristic, in addition
to the treatment required by paragraph (c)(1) of this section, prior to land disposal, those
hazardous waste characteristics must be eliminated through treatment
(3) Soils that contain nonanalyzable constituents. In addition to the treatment
requirements of paragraphs (c)(1) and (2) of this section, prior to land disposal, the
following treatment is required for soils that contain nonanalyzable constituents:
(A) For soil that also contains analyzable constituents, treatment of those analyzable
constituents to the levels specified in paragraphs (c)(1) and (2) of this section; or,
(B) For soil that contains only nonanalyzable constituents, treatment by the method
specified in § 268.42 for the waste contained in the soil.
(d) Constituents subject to treatment When applying the soil treatment standards in paragraph
(c) of this section, constituents subject to treatment are any constituents listed in 40 CFR
268.48, Table UTS—Universal Treatment Standards that are reasonably expected to be present
in any given volume of contaminated soil (except fluoride, selenium, sulfides, vanadium and
zinc), and are present at concentrations greater than ten times the universal treatment
standard.
111-337
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Soil Alternative Treatment Standards
(e) Management of treatment residuals. Treatment residuals from treating contaminated soil
identified by paragraph ia) of this section as needing to comply with LDRs must be managed as
follows:
(1) Soil residuals are subject to the treatment standards of this section;
(2) Non-soil residuals are subject to:
(A) For soils contaminated by listed hazardous waste, the RCRA Subtitle C
standards applicable to the listed hazardous waste; and
(B) For soils that exhibit a characteristic of hazardous waste, if the non-soil residual
also exhibits a characteristic of hazardous waste, the treatment standards
applicable to the characteristic hazardous waste.
III-338
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Jsinterided solely foi; guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contalned hereln.
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Inspection Procedures - Section 268.49
• LDR treatment standards only attach to hazardous contaminated soil when it is generated by
being removed from the ground and placed in a land disposal unit. If one or both of these
criteria do not apply, the LDR regulations do not apply.
• The material must meet the definition of soil under §268.2 to qualify for the alternative
treatment standards:
Soil means unconsolidated earth material composing the superficial geologic strata
(material overlying bedrock), consisting of clay, silt, sand, or gravel size particles as
classified by the U.S. Soil Conservation Service, or a mixture of such materials with liquids,
sludges or solids which is inseparable by simple mechanical removal processes and is made
up primarily of soil by volume based on visual inspection.
• For characteristic wastes, soil is subject to LDR if it exhibits a characteristic of hazardous
waste, or exhibited a characteristic waste at the point of generation.
• , Generators must use the table in §268.49 to determine whether a soil is contaminated with a
listed waste. The third column of the table states that soil must "contain the listed waste when
the soil is first generated." This "contained-ln" policy has never been placed into regulation for
soils. However, there are a number of letters and memoranda that provide interpretations. The
contained-in principle is the basis for EPA's longstanding interpretation regarding application
of RCRA Subtitle C requirements to mixtures of contaminated media and hazardous wastes.
Under the "contained-in" policy, EPA requires that soil (and other environmental media),
although not wastes themselves, be managed as if they were hazardous waste if they contain
hazardous waste or exhibit a characteristic of hazardous waste.
• In practice, EPA applied the contained-in principle to refer to a site-specific determination
process where the concentrations of hazardous constituents in any given volume of
environmental media are low enough that the media does not "contain" hazardous waste. For
contaminated soil, the result of contained-ln determinations is that soil no longer "contains" a .
^hazardous waste. However, since treatment standards apply at the point of generation, a
" Contained-ln determination subsequent to the point of generation does not necessarily release
-the soil from being required to meet LDR regulations.
• -Note that because LDRs apply to the waste "contained-in" soil, and not the soil itself, LDRs do
not apply to soil that is at any time completely separated from its contaminating waste (i.e., the
soil contains no solid or hazardous waste, It Is "just soil"). One might determine that soil
contained no solid or hazardous waste, for example, if the concentrations of hazardous
constituents fall below natural background levels or are present at non-detectable levels.
111-339
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
SOIL ALTERNATIVE TREATMENT STANDARDS
III 340
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Inspection Procedures - Section 268.49
Key Considerations:
• Does the material qualify as soil?
• Is the soil contaminated with a hazardous waste?
• Is the treatment facility complying with the soil alternative treatment standards or the
standards for as-generated wastes under §268.40?
• Has the treatment facility correctly identified the contaminants subject to treatment?
• Are there any analyzable constituents in the soil?
• Is the treatment facility adequately characterizing and handling the treatment residual?
III-341
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Storage Prohibition
§268.50 Prohibitions on Storage of Restricted Waste
(a) The storage of hazardous wastes restricted from land disposal under Part 268
Subpart C is prohibited, unless the following conditions are miet:
(1) A generator stores such waste in compliance with §262.34 solely to
accumulate enough of the waste to facilitate proper recovery, treatment, or
disposal.
(2) A TSDF stores such waste in tanks or containers solely to facilitate proper
recovery, treatment, or disposal and:
(i) Each container is clearly marked to identify its contents and the date
each period of accumulation begins;
(ii) Each tank is clearly marked with a description of its contents, the
quantity of each hazardous waste received, and the date each period
of accumulation begins, or such information for each tank is recorded
and maintained in the operating record at the facility.
(3) A transporter stores manifested shipments of such wastes at a transfer
facility for ten days or less.
(b) A TSDF may store wastes up to one year unless the Agency can demonstrate that
such storage was not solely to facilitate proper recovery, treatment, or disposal.
(c) A TSDF may store wastes beyond one year; however, the TSDF bears the burden of
proving that such storage was solely to facilitate proper recovery, treatment, or
disposal.
(d) If a generator's waste is exempt from a prohibition on land disposal due to a case-by-
case extension granted under §268.5, an approved petition under §268.6, or a
national capacity variance* §268.50 does not apply during the exemption.
(e) The prohibition in paragraph (a) does not apply to wastes that have met the
required treatment standards. ( '
(f) Liquid hazardous wastes containing PCBs at concentrations greater than or equal to
50 ppm must be stored in compliance with 40 CFR 761.65(b), and must be removed
from storage and treated or disposed as required by Part 268 within one year of the
date such waste is first placed into storage.
III-342
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-7 LAND DISPOSAL RESTRICTIONS REGULATORY
REQUIREMENTS (Revised August 1998)
Inspection Procedures - Subpart E, Section 268.50
Key Considerations;
• Is the generator accumulating waste solely to facilitate proper recovery, treatment, or
disposal?
• Are restricted wastes stored only in tanks or containers?
• Is each container used to accumulate wastes at the TSDF marked with the contents and
x accumulation start date? Is this information provided in the operating record?
ft ' '
:• Is each tank at the TSDF used to accumulate wastes marked with the amount and the
accumulation start date? Generators have the option of displaying the information on
individual tanks or having the required information in the operating record.
• For TSDFs, has a year expired since the start of the accumulation period?
(
• Liquid hazardous wastes containing PCBs at concentrations greater than or equal to 50 ppm
cannot be stored for more than one year because of TSCA storage restrictions.
• The one-year period is only a benchmark which shifts the burden of proof from EPA to the
facility. For a period of one year in length, EPA bears the burden of showing that the
facility is storing restricted waste longer than necessary. After the one-year period, the
facility must substantiate that storage is necessary. This does noŁ preempt EPA from
requiring a facility to remove its waste from storage anytime within one year if it
determines that the facility has accumulated sufficient quantity to facilitate proper
treatment, recovery or disposal.
• Waste placed in storage prior to the effective date of the prohibition for that waste is not
subject to LDR requirements until removed from storage; however, once removed from
storage, the waste must meet treatment standards prior to land disposal.
Mixed radioactive/hazardous wastes pose a major problem under the land disposal
: restrictions because very few (if any) commercial facilities will accept these wastes for
39t, treatment or disposal. However, generators of these wastes must still comply with the
treatment standards for the hazardous portion of the wastes, and are also subject to the
storage prohibitions that limit the conditions under which restricted wastes must be stored.
In the November 6, 1998 Federal Register (63 EE 59989), EPA announced a limited
extension of a policy on the civil enforcement of the storage prohibition at facilities which
generate mixed waste. Pursuant to the terms of this policy, EPA treats violations of the
storage prohibition as a reduced priority within EPA's potential civil enforcement actions.
Section 268.50 effectively eliminates the use of surface impoundments and waste
piles as storage units for wastes which are prohibited from land disposal.
iII-343
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are. in any way altered by any statement^)' contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Standards for the Management of Used Oil
§279.1 Definitions
Existing tank is a tank used for the storage or processing of used oil that is in operation or
for which installation has commenced prior to the effective date of the State authorized used oil
program.
New tank is a tank that will be used to store or process used oil that is not an existing tank.
Processing means chemical or physical operations designed to produce from used oil, or to
make used oils more amenable for the production of fuel oils, lubricants of other derivatives.
Processing includes blending used oils with virgin petroleum products, blending used oils to meet
fuel specification, filtration, simple distillation, physical or chemical separation, and re-refining.
Used oil means any oil that has been refined from crude oil, or any synthetic oil, that has
been used and as a result of such use is physically or chemically contaminated.
§279.10 Applicability
(a) EPA presumes that used oil is to be recycled unless a used oil handler disposes of
used oil, or sends it for disposal. Except as provided in §279.11, the regulations in
Part 279 apply to used oil whether or not it exhibits any characteristics of hazardous
waste identified in Subpart C of Part 261.
Mixtures of used oil and listed hazardous waste are subject to the
regulations in Subpart D of Part 261 rather than as used oil under
Part 279.
Used oil containing more than 1000 ppm total halogens is presumed
to be a hazardous waste regulated under Subpart D, though persons
may rebut this by demonstrating that the used oil does not contain
hazardous waste. The rebuttable presumption does not apply to:
(A) Metal working oils/fluids containing chlorinated paraffins
that are processed through a tolling agreement to reclaim the
oils/fluids; or
(B) Used oil contaminated with chlorofluorocarbons (CFCs)
removed from refrigeration units where the CFCs are
destined for reclamation.
Mixtures of used oil and hazardous waste that exhibit a
characteristic of hazardous waste other than ignitability are
regulated as hazardous waste under Parts 260 through 266, 268,
270, and 124.
Mixtures of used oil and hazardous waste that do not exhibit any
characteristic of hazardous waste are regulated as used oils under
this Part.
(b) (1) (i)
(ii)
(2) (i)
(ii)
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FOR USE BY EPA INSPECTION PERSONNEL ONLY; This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Inspection Brocedures - Subpart B, Sections 279.1 through 279.11
Key Considerations:
• Is the used oil disposed of, or is it sent to be recycled?
• Has the used oil been mixed with a listed hazardous waste?
• Has the used oil been mixed with a characteristically hazardous waste? If so, was it an
ignitable waste? Does it still exhibit the characteristic of ignitability?
• Does the used oil contain more than 1000 ppm total halogens?
• Does the used oil meet specification?
III-345
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS ¦
Standards for the Management of Used Oil (continued)
§279.10 Applicability (continued)
(iii) Mixtures of used oils and characteristically ignitable hazardous
waste that is not listed in Subpart D of Part 261 is regulated as a
used oil under this Part if the resultant mixture does not exhibit the
characteristic of ignitability.
(3) Mixtures of used oil and CESQG hazardous waste are regulated as used oil
under this Part.
(d) Mixtures of used oil with products are regulated as used oil unless:
(2) The mixture is of used oil and diesel fuel mixed on-site by the used oil
generator for use in the generator's own vehicles. However, prior to mixture
the used oil is subject to Subpart C of Part 279.
(e) Materials that are derived from reclaimed used oil and that are beneficially used
and not burned for energy recovery are not regulated as used oil and are not solid or
hazardous wastes.
(2) Materials produced from used oil that are burned for energy recovery are
regulated as used oils under this Part.
(4) Re-refining distillation bottoms that are used as feedstock to manufacture
asphalt are not used oil and are also not subject to regulation as a hazardous
waste at this time.
(f) Wastewater discharge which is subject to regulation under §§402 or 307(b) of the
Clean Water Act that is contaminated with de minimis quantities of used oil is not
subject to regulation as a used oil. This exception does not apply if the used oil
discharge is the result of abnormal manufacturing operations such as substantial
leaks or spills.
(g) Used oil that is placed directly in a crude oil or natural gas pipeline is subject to the
used oil management standards only prior to the point of its introduction into the
pipeline.
§279.11 Used Oil Specifications
Used oil that exceeds any specification level is subject to this Subpart as an "off-specification
used oil." If the used oil is shown not to exceed any specification and the person making the
showing complies with §§279.72, 279.73, and 279.74(b), the used oil is no longer subject to this Part.
111:346
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
For Inspection Procedures, refer to first page of discussion for this subject heading.
III-347
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any stateme'nt(s)icontalned herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS .
Standards for the Management of Used Oil (continued)
§279.12 Prohibitions
(a) Used oil cannot be managed in surface impoundments and waste piles unless they
are subject to Part 264 or 265.
(c) Off-specification used oil may only be burned for energy recovery in the following
devices:
(1) Industrial Furnaces;
(2) (i) Boilers that are located at manufacturing facilities where substances
are made into new products;
(ii) In utility boilers used for energy production; or
(iii) Used-oil fired space heaters meeting the requirements of §279.23.
III-348
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
. STANDARDS i
Inspection Procedures - Subpart B, Section 279.12
Key Considerations:
• Is the used oil stored in surface impoundments or waste piles? Is the storage unit subject to
Part 264 or 265?
• Is the off-specification used oil bumed for energy recovery? Is the burning unit a BIF or a
space heater?
Ill 349
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Standards for Used Oil Generators
§279.20 Standards for Generators of Used Oil
(a) A used oil generator is any person, by site, whose act or process produces used oil or
whose act first causes used oil to become subject to regulation, except:
(1) Household "do-it-yourselfer" (DIY) used oil generators;
(2) Vessels at sea or at port;
(3) Generators of mixtures of diesel fuel and used oil when the generator uses
the mixture in his own vehicles. The used oil is subject to Subpart C until
mixed; and
(4) Farmers who generate an average of 25 gallons or less per month on an
annual basis from farm vehicles or machinery.
(b) (1) Generators other than §279.24(a)&(b) self-transporters must also comply
with the Subpart E Standards for used oil transporters.
(2) Used oil generators who process or re-refine must comply with Subpart F,
Standards for Used Oil Processors and Re-Refiners.
(3) Generators who burn off-specification used oil, except in §279.23 space
heaters must comply with Subpart G, Standards for Off-Specification Used
Oil Burners.
(4) Generators who direct off-specification used oil to a burner or who first claim
that the used oil is on-specification must comply with Subpart H, Standards
for Us6d Oil Marketers.
(5) Generators who dispose of or use used oil as a dust suppressant must comply
with Subpart I, Standards for Used Oil Disposal and Use as a Dust
Suppressant.
III-350
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Inspection Procedures - Subpart C, Section 279.20
Kev Considerations:
• Who is the initial generator of the used oil? Is this person exempt from the definition of
generator per §279.20(a)?
• Does the used oil generator take part in any other used oil activities? If so, are these
activities also regulated by Part 279?
III-351
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.;
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Standards for Used Oil Generators (continued)
§279.22 Used Oil Storage
Used oil generators that store used oil in underground storage tanks (USTs) are subject to
the regulations in Part 280.
(a) Used oil storage units must be subject to Part 264 or 265.
(b) Used oil aboveground tanks and containers must be in good condition and must not
be leaking.
(c) Used oil must be stored in aboveground tanks or containers clearly labeled "used
oil." Fill pipes used to transfer used oil to USTs must also be clearly labeled "used
oil."
(d) Used oil not stored in USTs that is released into the environment must be stopped,
contained, and cleaned up and managed properly. If necessary, repairs or
replacements of leaking equipment should be made to prevent future releases.
§279.23 On-Site Burning in Space Heaters
(a) Generators may burn used oil in space heaters provided that:
(1) The used oil burned is generated only by the owner/operator or DIY oil
generators;
(2) The heater has a maximum capacity of not more than 0.5 million Btu per
hour; and
(3) The heater combustion gases are vented to the ambient air.
§279.24 Off-Site Shipments
Generators must ensure that their used oil is transported only by transporters who have
obtained an EPA identification number, except for;
(a) Generators who self-transport less than 55 gallons of generator or DIY generated
used oil at any time;
(b) Generators who self-transport less than 55 gallons of their own used oil from their
site to an aggregation point; or
(c) Generators who arrange for used oil to be transported pursuant to a tolling
agreement under which the reclaimed oil is returned to the generator.
III-352
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Inspection Procedures - Subpart C, Sections 279.22 through 279.24
Key Considerations:
• In what type of unit is the used oil stored?
• Is the storage unit in good condition? Is it leaking?
• Are the used oil storage units (other than USTs) and/or fill pipes clearly labeled "Used Oil"?
• Have any used oil releases occurred from a used oil storage unit? Was the release cleaned
up and properly managed?
• Does the used oil generator burn used oil in a space heater?
• Does the used oil generator ship used oil off-site?
III353
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or
regulatory requirements are in any way altered by any statement(s) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE IH-8 USED OIL MANAGEMENT
STANDARDS .
Standards for Used Oil Collection and Aggregation Centers
§279.31 Used Oil Collection Centers
(aj A used oil collection center is any site/facility that accepts and stores used oil from
self-transporting used oil generators or from DIY generators.
(b) Owners and operators of all used oil collection centers must comply with the used oil
generator standards and must be registered/licensed/permitted by the appropriate
State or local government to manage used oil.
§279.32 Used Oil Aggregation Points Owned by the Generator
Owners and operators of all used oil collection center aggregation points may only aggregate
used oil from their own collection sites and must comply with the used oil generator standards.
III-354
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Inspection Procedures - Subpart D, Sections 279.31 through 279.32
Kev Considerations:
• Is the used oil collection center registered, licensed, or permitted by a local or State
authority?
III-355
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Standards for Used Oil Transporters and Transfer Facilities
§279.40 Applicability
The following types of used oil transportation are not subject to the Subpart E
requirements:
(1) On-site transportation;
(2) & Generator self-transportation in accordance with §279.24(a) or (b);
(3)
(4) Transportation of DIY generated used oil to a regulated generator, collection
center, aggregation point, processor/re-refiner, or burner who is subject to
Subpart E.
Transporters who import used oil from abroad or who export used oil outside the
U.S. are subject to the Subpart E requirements from the time the used oil enters and
until it exits the U.S.
Unless trucks that were previously used to transport hazardous waste are empty
according to §261.7 before transporting the used oil, the used oil will be considered
to have been mixed with a hazardous waste and must be managed as a hazardous
waste unless it meets the requirements of §279.10(b).
Transporters who take part in other used oil activities such as processing and
burning must comply with all applicable requirements.
§279.41 Restrictions on Transporters Who Are Not Also Processors or Re-Refiners
(a)& Used oil transporters may consolidate or aggregate loads of used oil for purposes of
(b) transportation. However, any processing that takes place must be incidental unless
the transporter is complying with Subpart F.
§279.42 Notification
(a) Used oil transporters must have EPA identification numbers. If the used oil
transporter has not previously complied with the notification requirements of RCRA
section 3010, he/she must obtain an EPA identification number.
(b) Used oil transporters who have not received an EPA identification number may
obtain one by notifying the Regional Administrator of their used oil activity by
submitting a completed EPA Form 8700-12 or sending a letter requesting an EPA
identification number to the State or EPA Region.
III-356
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or~
regulatory requirements are in any way altered by any statements) contained herein.
(b)
(c)
(d)
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Inspection Procedures - Subpart E, Sections 279.40 through 279.42
Key Considerations:
• Has the used oil transporter obtained an EPA identification number?
• Is the used oil transported in trucks that were previously used to transport hazardous
waste?
III-357
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Standards for Used Oil Transporters and Transfer Facilities (continued)
§279.43 Used Oil Transportation
(a) A used oil transporter can only deliver used oil to:
(1) Another used oil transporter who has an EPA ID number;
(2) A used oil processing/re-refining facility that has an EPA ID number;
(3) An off-specification used oil burner who has an EPA ID number; or
(4) An on-specifteation used oil burner.
(c) In the event of a discharge of used oil, the transporter must notify the applicable
authorities and must take appropriate action to protect human health and the
environment.
§279.44 Rebuttable Presumption for Used Oil
(a) The transporter must determine whether the total halogen content of used oil being
transported or stored at a transfer facility is above or below 1000 ppm.
(b) The transporter must make this determination by:
(1) Testing the used oil; or
(2) Applying knowledge of the halogen content in light of the materials or
processes used.
(c) Used oil containing greater than or equal to 1,000 ppm total halogens is presumed to
have been mixed with a hazardous waste because it has been mixed with a
halogenated hazardous waste listed in Part 261 subpart D. The owner or operator
may rebut the presumption by demonstrating that the used oil does not contain
hazardous waste. Analytical methods from SW-846, Third Edition can show that the
used oil does not contain significant concentrations of halogenated hazardous
constituents listed in Part 261, Appendix VIII.
(1) The rebuttable presumption does not apply to metalworking oils/fluids containing
chlorinated paraffins if they are processed, through a tolling agreement, to reclaim
metalworking oils/fluids.
(2) The rebuttable presumption does not apply to used oils contaminated with
chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are
destined for reclamation.
(d) Records of analyses conducted or information used to comply with §279.63(a)-(c)
must be maintained by the transporter for at least three years.
III-358
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are ln any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
, , STANDARDS
Inspection Procedures - Subpart E, Sections 279.43 through 279.44
Kev Considerations:
• Does the used oil contain above 1000 ppm total halogen content?
• How did the transporter determine the halogen content?
• Was the used oil mixed with a hazardous waste?
• Does the transporter keep records of used oil analyses for three years?
III-359
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are In any way altered by any statement^) contained herein.
No statutory or
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
. STANDARDS
Standards for Used Oil Transporters and Transfer Facilities (continued)
§279.45 Used Oil Storage at Transfer Facilities
Used oil transporters are subject to all applicable Spill Prevention Control and
Countermeasures Regulations, as well as all applicable UST regulations.
I
(a) Used oil transfer facilities are transportation related facilities and include loading
docks, parking and storage areas, and other areas where shipments of used oil are
held for more than 24 hours during the normal course of transportation, but not
longer than 35 days. Transfer facilities that store used oil for more than 35 days are
subject to regulation as used oil processors and re-refiners.
(b) Used oil transfer facility owners and operators must store used oil only in tanks,
containers or other Part 264/265 regulated units.
(c) Containers and aboveground tanks used to store used oil must be in good condition
(no severe rusting, apparent structural defects or deterioration) and not leaking (no
visible leaks).
(d) Containers used to store used oil at transfer facilities must be equipped with a
secondary containment system. The minimum requirements for the secondary
containment system include dikes, berms, or retaining walls, and a floor that covers
the entire area within the dike, berm or retaining wall. The entire containment
system must be sufficiently impervious to used oil to prevent any used oil released
into the containment system from migrating out of the system to the soil,
groundwater, or surface water.
(e) New and existing aboveground tanks storing used oil at transfer facilities must be
equipped with a secondary containment system.
(1) The minimum requirements for the secondary containment system include
dikes, berms, or retaining walls, and a floor that covers the entire area
within the dike, berm or retaining wall. For existing tank systems, the floor
needs only extend to where existing portions of the tank meet the ground, or
an equivalent secondary containment system.
(2) The entire containment system must be sufficiently impervious to used oil to
prevent any used oil released into the containment system from migrating
out of the system to the soil, groundwater, or surface water.
(f) New aboveground tanks storing used oil at transfer facilities must be equipped with
a secondary containment system.
(1) The minimum requirements for the secondary containment system include
dikes, berms. or retaining walls, and a floor that covers the entire area
within the dike, berm, or retaining wall, or an equivalent secondary
containment system.
III-360
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS ;
Inspection Procedures - Subpart E, Section 279.45(a) through (f)
Kev Considerations:
• How long is the used oil stored at the transfer facility? Is it longer than 35 days? If so is the
transfer facility complying with the standards of Part 279 Subpart F?
• Does the used oil storage unit have secondary containment?
III-361
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein..
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TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Standards for Used Oil Transporters and Transfer Facilities (continued)
(2) The entire containment system must be sufficiently impervious to used oil to
prevent any used oil released into the containment system from migrating out of the
system to the soil, groundwater, or surface water.
§279.45 Used Oil Storage at Transfer Facilities (continued)
(g) Containers, aboveground tanks, and UST fill pipss used to store or transfer used oil
at transfer facilities must be clearly marked "Used Oil."
(h) Upon detection of a release of used oil to the environment not subject to the
"requirements of 40 CFR Part 280 Subpart F, an owner/operator of the used oil
transfer facility must perform the following cleanup steps:
(1) & Stop and contain the released used oil;
(2)
(3) Clean up and manage properly the released used oil and other materials;
and
(4) & Repair or replace any leaking used oil storage containers or tanks before
(5) returning them to service.
§279.46 Tracking
(a) Used oil transporters must keep a record of each used oil shipment The record
must include;
(1) & Name, address and EPA ID number (if applicable) of party who
(2) provided oil for transport;
(3) Quantity of used oil accepted;
(4) & Date of acceptance and signature dated upon receipt of used oil of party
(5) providing used oil for transport.
(b) Used oil transporters must keep a record of each shipment of used oil'that is
delivered to another transporter, burner, processor/re-reflner or disposal facility.
The records must include:
(1) & Name, address, and EPA ID number of the receiving party;
(3) Quantity of used oil delivered;
(4) & Date of delivery and signature, dated upon receipt of used oil of a
(5) representative of the receiving party.
(d) The above records must be kept for at least three years.
III-362
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Inspection Procedures - Subpart E, Sections 279.45(g) through 279.46
Kev Considerations:
• Are the used oil storage and transfer units (other than USTs) clearly labeled?
• Has release of used occurred at the transfer facility? If so, was the release properly cleaned
up and managed?
• ' Does the transporter keep a record of each shipment of used oil that is delivered to another
transporter, burner, processor/re-refiner or disposal facility? If so, how long does the
transporter keep the records?
111-363
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statement^} contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Standards for Used Oil Processors and Re-Refiners
§279.50 Applicability
(a) The requirements of Subpart F do not apply to:
(1) Transporters that conduct incidental processing during the normal course of
transportation; or
(2) Burners that conduct incidental processing during the normal course of used
oil management prior to burning.
(b) Processors who take part in other used oil activities must comply with all applicable
requirements.
(3) Processors who burn off-specification used oil for energy recovery must
comply with Subpart G of Part 279, except for:
(i) Used oil that is bumed in space heaters in compliance with §279.23;
or
(ii) Used oil that Is burned for purposes of processing used oil that is
incidental to used oil processing.
(4) Processors/re-refiners who direct shipments of off-specification used oil from
their facility to a burner or first claim that the oil meets specification must
comply with Subpart H of Part 279.
§279.51 Notification
(a). Used oil processors and re-refiners must have EPA ID numbers. If the processor or
re-refiner has not previously complied with the notification requirements of RCRA
section 3010, he/she must obtain an EPA identification number.
(b) Used oil processors and re-refiners who have not received an EPA ID number may
obtain one by notifying the Regional Administrator of their used oil activity by
submitting a completed EPA Form 8700-12 or sending a letter requesting an EPA
identification number to the State or EPA Region.
§279.52 General Facility Standards
(a) Owners/operators of used oil processing and re-refining facilities must:
(1) Maintain and operate the facility in a manner to minimize the possibility of
fire, explosion, or any unplanned sudden or non-sudden release of used oil
which could threaten human health or the environment.
III-364
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance.' No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Inspection Procedures - Subpart F, Sections 279.50 through 279.52
Kev Considerations:
• Has the used oil processor or re-refiner obtained an EPA ID number?
• Are the emergency coordinator and backup trained to carry out the provisions of the
contingency plan?
During the file review, the inspector should look for reports of incidents requiring the
implementation of the contingency plan. Special note should be made of situations in which the
contingency plan should have been implemented but was not.
A facility must file a report with the Regional Administrator within fifteen days of any
incident. During the inspection of a facility reporting such an incident, the inspector should view
the involved area in order to check that any spilled or released material had been contained and
disposed of properly, and that any equipment which was used has been decontaminated and is fit
for reuse.
• Have all local authorities been made aware of potential dangers at the site? Ask to see the
agreements made with all appropriate local emergency response teams.
The owner/operator should provide proof that all local authorities were contacted, such as
by producing a certified or registered letter, and that such authorities either agreed to a plan or
have declined to participate.
ni-365
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
. regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Standards for Used Oil Processors and Re-Refiners (continued)
§279.52 General Facility Standards (continued)
(2) All facilities must be equipped with the following equipment unless none of
the hazards posed by used oil handled at the facility could require a
particular piece of specified equipment.
(i) Internal communications or alarm system;
(ii) Device such as a telephone capable of summoning emergency
assistance from local emergency units;
(iii) Portable fire extinguishers, fire control equipment, spill control
equipment, and decontamination equipment; and
(iv) Water at adequate volume and pressure to supply appropriate
equipment
(3) All emergency equipment must be tested and maintained as necessary to
assure its proper operation in an emergency.
(4) Whenever used oil is being handled, or if there is only one employee on the
premises involved, immediate access to an Internal alarm or emergency
communication device must be available to all personnel unless such device
is not required under (a)(2) of the section.
(5) The owner/operator must maintain aisle space as needed to allow
unobstructed movement of personnel and emergency equipment to any area
of the facility during an emergency.
(6) (i) The owner/operator must attempt to make:
(A) Arrangements to familiarize emergency response teams with
the layout of the facility, properties of used oil handled at the
facility, and associated hazards;
(B) Agreements designating primary emergency authority and
agreements with any other authorities to provide support;
(C) Agreements with State emergency response teams,
emergency response contractors, and equipment suppliers;
and
(D) Arrangements to familiarize local hospitals with the
properties of used oil handled at the facility and associated
hazards.
III-366
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
For Inspection Procedures, refer to first page of discussion for this subject heading.
III-367
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in-any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Standards for Used Oil Processors and Re-Refiners (continued)
§279.52 General Facility Standards (continued)
(ii) Where State or local authorities decline to enter into such
arrangements, the owner/operator must document the refusal in the
operating record.
Each owner/operator must have a contingency plan for his facility
which is designed to minimize hazards to human health or the
environment from fires, explosions or any fires, explosions, or
unplanned releases of used oil or waste constituents.
The provisions of the contingency plan must be carried out whenever
there is a situation which could threaten human health or the
environment.
The contingency plan must describe the actions facility personnel
must take with respect to any Tires, explosions, or unplanned sudden
or non-sudden release of used oil.
If the owner/operator has already prepared a Spill Prevention,
Control, and Countermeasures Plan, he need only amend that plan
to incorporate used oil management provisions.
The contingency plan must describe arrangements agreed to by local
emergency response teams.
The contingency plan must list names, addresses, and phone
numbers of all persons qualified to act as emergency coordinator, and
this list must be kept up to date.
The contingency plan must include a list of all emergency
equipment. In addition, the contingency plan must include the
location and a physical description of each item on the list, and a
brief outline of its capabilities.
(vi) The contingency plan must include an evacuation plan for facility
personnel.
(3) A copy of the contingency plan must be:
(i) Maintained at the facility; and
(ii) Submitted to all local emergency response teams.
(b) (1) (i)
00
(2) (i)
(ii)
(iii)
(iv)
u,\
III-368
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This.manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
For Inspection Procedures, refer to first page of discussion for this subject heading.
III-369
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely, for guidance. No statutory or
regulatory requireimehts are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Standards for Used Oil Processors and Re-Refiners (continued)
§279.52 General Facility Standards (continued)
(4) The contingency plan must be reviewed, and immediately amended,
whenever:
(i) Regulations are revised;
(ii) The plan fails in an emergency;
(iii) The facility changes in such a manner that the new design or other
circumstances increase the potential of hazardous waste releases, or
require a change in emergency response procedure;
(iv) The list of emergency coordinators changes; or
(v) The list of emergency equipment changes.
(5) At all times, there must be at least one employee at the facility or on call
with the responsibility for coordinating all emergency response measures.
(6) (i) When there is an emergency situation, the emergency coordinator
must:
(A) Activate internal facility alarms; and
(B) Notify appropriate State or local agencies.
(ii) The emergency coordinator must immediately identify the character,
exact source, and amount of any released materials.
(iii) The emergency coordinator must assess possible hazards to human
health or the environment that may result from the release.
(iv) If the facility has had a fire, explosion, or release, the emergency
coordinator must report his findings to appropriate local authorities
and the National Response Center or the 40 CFR Part 1510 on-scene
coordinator.
(v) During an emergency the emergency coordinator must take all
reasonable steps to ensure that fires, explosions, and releases do not
occur or spread to other used oil or hazardous waste at the facility.
(vi) If the facility stops operation during an emergency the emergency
coordinator must monitor for leaks, ruptures, pressure buildup, or
gas generation in equipment.
III-370
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
1 regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02fW
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
For Inspection Procedures, refer to first page of discussion for this subject heading.
111-371
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutoty or
regulatory requirements are in any. way altered by any statement(s) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Standards for Used Oil Processors and Re-Refiners (continued)
§279.52 General Facility Standards (continued)
(vii) Immediately after an emergency, the emergency coordinator must
provide for recycling, storing, or disposing of recovered used oil,
contaminated soil, surface water, or any other material that results
from a fire, explosion, or release.
(viii) The emergency coordinator must ensure that no waste or used oil
that may be incompatible with the released material is recycled,
treated, stored, or disposed of until cleanup procedures are completed
and all emergency equipment is cleaned and fit for reuse. The
Regional Administrator and appropriate authorities must be notified
that the facility is in compliance before operations are resumed.
(ix) The time, date, and details of any incident that requires
implementing the contingency plan must be recorded in the
operating record. Within 15 days after the incident, the emergency
coordinator must submit a written report on the incident to the
Regional Administrator.
III-372
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
For Inspection Procedures, refer to first page of discussion for this subject heading.
III-373
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III 8 USED OIL MANAGEMENT
STANDARDS
Standards for Used Oil Processors and Re-Refiners (continued)
§279.53 Rebuttable Presumption for Used Oil
(b) The owner/operator of used oil processirig/re-refining facility must determine if the
used oil contains above or below 1,000 ppm total halogens by:
(1) Testing the used oil;
(2) Applying knowledge of the halogen content of the used oil in light of the
materials or processes used.
(c) Used oil containing greater than or equal to 1,000 ppm total halogens is presumed to
be mixed with a hazardous waste because it has been mixed with a halogenated
hazardous waste listed in Part 261 subpart D. The owner or operator may rebut the
presumption by demonstrating that the used oil does not contain hazardous waste.
Analytical methods from SW-846, Third Edition can show that the used oil does not
contain significant concentrations of halogenated hazardous constituents listed in
Part 261. Appendix VIII.
(1) The rebuttable presumption does not apply to metalworking oils/fluids
containing chlorinated paraffins if they are processed, through a tolling
agreement, to reclaim metalworking oils/fluids.
(2) The rebuttable presumption does not apply to used oils contaminated with
chlorofluorocarbons (CFCs) removed from refrigeration units where the
CFCs are destined for reclamation.
(d) Records of analyses conducted or information used to comply with §279.63(a)-(c)
must be maintained by the burner for at least three years.
III-374
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Inspection Procedures - Subpart F, Sections 279.53
Kev Considerations:
• Docs the used oil contain above 1000 ppm total halogen content?
• How did the used oil processor or re-refiner determine the halogen content?
• Was the used oil mixed with a listed hazardous waste? If so, does the used oil processor or
re-refiner treat the mixture as a hazardous waste?
Does the used oil processor or re-refiner keep records of used oil analyses for three years?
III-375
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Standards for Used Oil Processors and Re-Refiners (continued)
§279.54 Used Oil Management
Wastewaters containing "de minimis" quantities of used oil are not subject to the
requirements of this Part, including the prohibition on storage in units other than tanks or
containers. Used oil processor/re-refiners are subject to all applicable Spill Prevention, Control and
Countermeasures (SPCC) (40 CFR part 112) in addition to this subpart. Used oil processor/re-
reflners are also subject to the Underground Storage Tank (40 CFR Part 280) standards for used oil
stored in underground tanks.
(a) Used oil processor/re-reflners may not store used oil in units other than tanks,
containers or units subject to regulation under 40 CFR Part 264/265.
(b) Containers and aboveground tanks used to store used oil must be in good condition
(no severe rusting, apparent structural defects or deterioration) and not leaking (no
visible leaks).
(c) Containers used to store used oil at processing/re-refining facilities must be
equipped with a secondary containment system. The minimum requirements for the
secondary containment system include dikes, berms, or retaining walls, and a floor
that covers the entire area within the dike, berm or retaining wall. The entire
containment system must be sufficiently impervious to used oil to prevent any used
oil released into the containment system from migrating out of the system to the
soil, groundwater, or surface water.
(d) New and existing aboveground tanks storing used oil at processing/re-refining
facilities must be equipped with a secondary containment system.
(1) The minimum requirements for the secondary containment system include
dikes, berms, or retaining walls, and a floor that covers the entire area
within the dike, berm or retaining wall. For existing tank systems, the floor
needs only extend to where existing portions of the tank meet the ground, or
an equivalent secondary containment system.
(2) The entire containment system must be sufficiently impervious to used oil to
prevent any used oil released into the containment system from migrating
out of the system to the soil, groundwater, or surface water.
(e) New aboveground tanks storing used oil at processing/re-refming facilities must be
equipped with a secondary containment system.
(1) The minimum requirements for the secondary containment system include
dikes, berms, or retaining walls, and a floor that covers the entire area
within the dike, berm, or retaining wall, or an equivalent secondary .
containment system.
(2) The entire containment system must be sufficiently impervious to used oil to
prevent any used oil released into the containment system from migrating
out of the system to the soil, groundwater, or surface water.
III-376
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Inspection Procedures - Subpart F, Sections 279.54
Key Considerations:
• Are the used oil storage and transfer units (other than USTs) clearly labeled?
• Has a release of used oil occurred at the processing/re-refining facility? If so, was the
release properly cleaned up and managed?
Has the owner/operator of the processing/re-reflning facility closed any storage areas? If so,
were these areas properly closed and decontaminated?
• Were any used oil contaminated tank system components left in place? If so, this area will
need to be closed in accordance with the landfill closure requirements In §265.310.
III-377
FOR USE BY EPA INSPECTION PERSONNEL ONLY: This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Standards for Used Oil Processors and Re-Refiners (continued)
§279.54 Used Oil Management (continued)
(f) Containers and aboveground tanks used to store used oil, and fill pipes used to
transfer used oil into underground storage tanks at burner facilities, must be labeled
or clearly marked with the words "Used Oil."
(g) Upon detection of a release of used oil to the environment not subject to the
requirements of 40 CFR Part 280 Subpart F, a used oil processor/re-reflner must
perform the following cleanup steps:
(1) &
(2)
(3)
(4)
(h) (1)
(i) At closure of the tank system the owner/operator must remove or
decontaminate used oil residues in the tank system, containment
system, contaminated soils, and other materials contaminated with
used oil. These wastes must be handled as hazardous waste unless
they are not hazardous according to Part 261.
Stop and contain the released used oil;
Clean up and manage properly the released used oil and other materials;
and
Repair or replace any leaking used oil storage containers or tanks before
returning them to service.
Owners/operators who store or process used oil in above ground tanks must
comply with the following;
(ii) If all contaminated materials cannot be removed or decontaminated,
the owner/operator must close the tank system and perform post
closure care in accordance with the requirements in §265.310.
(2) Owners/operators who store used oil in containers at closure must remove all
containers holding used oil or residues from the site. The owner/operator
must also remove or decontaminate all used oil residues, containment
system, contaminated soils, and other materials contaminated with used oil.
TTiese wastes must be managed as hazardous waste unless they are not
hazardous according to Part 261.
III-378
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
For Inspection Procedures, refer to first page of discussion for this subject heading.
III-379
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This, manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statement(s) contained herein.'
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS .
Standards for Used Oil Processors and Re-Refiners (continued)
§279.55 Analysis Plan
(a) The owners/operators of used oil processing facilities must develop and follow a
written analysis plan which describes the procedures that will be used to determine
if the used oil is off-specification, and to rebut the presumption of hazardous waste
mixing. The plan must specify:
(1) Whether sample analyses or knowledge of halogen content will be used.
(2) If sample analyses are, to be used:
(i) The sampling method;
(ii) The frequency of sampling;
(iii) The test methods used to analyze the used oil.
(3) The type of information that will be used to determine the halogen content of
the used oil.
(b) The owners/operators of used oil processing facilities must develop and follow a
¦ written analysis plan which describes the procedure that will be used to determine
that the used oil is on-specification. The plan must specify:
(1) Whether sample analyses or knowledge of halogen content will be used.
(2) If sample analyses are to be used:
(i) The sampling method;
(ii) The frequency of sampling;
(iii) The test methods used to analyze the used oil.
(3) The type of information that will be used to make the on-speciflcation used
oil fuel determination.
III-380
FOR USE BY EPA INSPECTION-PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are In any way altered by any statements) contained herein.
No statutory or
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Inspection Procedures - Subpart F, Sections 279.55
Remember:
• Review the facility's written used oil analysis plan before checking the file of used oil
analyses.
• Make sure that the methods described in Part 261 and SW 846 are acceptable for sampling
and analysis.
• The analysis plan must be adequate for determining whether the used oil is on- or off-
specification and halogen content.
• Be on the lookout for used oil or waste streams that have not been tested.
• If an analysis plan is adequate, the inspector should verify that the used oil analysis is
performed for each shipment of used oil.
III-381
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutoiy-or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Standards for Used Oil Processors and Re-Refiners (continued)
§279.56 Tracking
(a) Used oil processors/re-refiners must keep a record of each used oil shipment
accepted for processing/re-refining. These records may take the form of a log,
invoice, manifest, bill of lading or other shipping document. The records should
identify the name, address and EPA ID number of the transporter and generator or
processor/re-refiner from whom the oil was sent as well as the quantity of used oil
and date shipped.
(b) Used oil processors/re-refiners must keep a record of each shipment of used oil that
is shipped to a used oil burner, processor/re-refiner or disposal facility. These
records may take the form of a log, invoice, manifest, bill of lading or other shipping
document. The records should identify the name and address and EPA ID number of
the transporter and of the facility receiving the shipment, the quantity and date of
used oil fuel delivered.
(c) Records for both (a) and (b) must be retained for at least three years.
§279.57 Operating Record and Storage
(a) (1) The owner/operator must keep a written operating record at the facility.
(2) The record must contain:
(i) Records and results of used oil analyses; and
(ii) Summary reports and details of all emergency incidents.
(b) A used oil processor/re-refiner must make a biennial report (by March 1 of each even
numbered year) to the Regional Administrator that contains the following
information:
(1) EPA ID number, name, and address of the processor/re-refiner;
(2) Calendar year covered by the report; and
(3) Quantities of used oil accepted for re-refining or processing and the manner
in which this is done.
§279.58 Off-Site Shipment of Used Oil
Used oil processors/re-refiners who initiate shipments of used oil off-site must ship the used
oil using a used oil transporter who has obtained an EPA ID number.
§279.59 Management of Residues
Owners/operators who generate residues from the storage, processing, or re-refining of used
oil must manage the residues according to §279.10(e)
III 382
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutoiy or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS '
Inspection Procedures - Subpart F, Sections 279.56 through 279.59
Kcv Considerations:
• Does the facility owner/operator keep a written operating log of the facility at the facility? If
not, where is the log and is it easily accessible?
• Does the operating record contain the required records, used oil analyses, and summary
reports?
*' Did the owner/operator make a biennial report to the Regional Administrator?
III-383
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Used Oil Burners Who Burn Off-Specification Used Oil for Energy Recovery
§279.60 Applicability
(a) These regulations apply to used oil burners that burn used oil in a facility where
used oil not meeting the specification in §279.11 is burned for energy recovery in
§279.61(a). However, used oil generators burning oil in an on-site space heater
under the provisions of §279.23 or processors and/or re-refiners burning oil for the
purposes of processing the used oil are not subject to these specifications.
(b) Used oil burners are subject to other applicable provisions of §279. Specifically, a
used oil burner who:
(1) Generates or transports used oil is subject to Part 279 Subpart C;
(2) Transports used oil is subject to Part 279 Subpart E;
(3) Processes or re-refines used oil (except as provided in §279.61 (b)) must
comply with Part 279 Subpart F;
(4) Directs shipments of used oil from his/her facility to a used oil burner or is
the first to claim that the used oil to be burned for energy recovery meets the
used oil specifications must comply with Subpart H; and
(5) Disposes of used oil, including the use of used oil as a dust suppressant,
must comply with Subpart I.
(c) Persons who bum used oil that meets the used oil fuel specification of §279.11 are
not subject to this subpart as long as the burner complies with Part 279 Subpart H.
§279.61 Restrictions on Burning
(a) Used oil fuel may only be burned for energy recovery in industrial furnaces, boilers
(including industrial boilers located on a site of a facility engaged in a
manufacturing press where substances are transformed into new products, utility
boilers, or used oil-fired space heaters), and hazardous waste incinerators subject to
subpart 0 of parts 264 and 265.
(b) Used oil burners may not process used oil unless they comply with the requirements
of Part 279 subpart F. However, used oil burners may aggregate off-specification
used oil with virgin oil or on-specification used oil for purposes of burning. They
may not aggregate for purposes of producing on-specification used oil.
III-384
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are.in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Inspection Procedures - G, Sections 279.60 through 279.61
Key Considerations:
• Does the unit in which the off-specification oil is burned meet the definition of a boiler or
industrial furnace or a hazardous waste incinerator as defined in §260.10?
III-385
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Used Oil Burners Who Burn Off-Specification Used Oil for Energy
Recovery (continued)
§279.62 Notification
(a) Used oil burners must have EPA ID numbers. If the burner has not previously
complied with the notification requirements of RCRA section 3010, he/she must
obtain an EPA ID number.
(b) Used oil burners who have not received an EPA ID number may obtain one by
notifying the Regional Administrator of their used oil activity by submitting a
completed EPA Form 8700-12 or sending a letter requesting an EPA ID number to
the State or EPA Region.
§279.63 Rebuttable Presumption for Used Oil
Used oil burners must determine whether the total halogen content is above or
below 1,000 ppm.
Used oil burners must determine if the used oil is contains above or below 1,000 ppm
by either testing the used oil, applying knowledge of the halogen content of the used
oil in light of the materials or processes used, or using information provided by the
processor/re-refiner.
Used oil containing greater than or equal to 1,000 ppm total halogens is presumed to
be mixed with a hazardous waste because it is has been mixed with a halogenated
hazardous waste listed in Part 261 subpart D. The owner or operator may rebut the
presumption by demonstrating that the used oil does not contain hazardous waste.
Analytical methods from SW-846, Third Edition can show that the used oil does not
contain significant concentrations of halogenated hazardous constituents listed in
Part 261, Appendix VIII.
(1) The rebuttable presumption does not apply to metalworking oils/fluids
containing chlorinated paraffins if they are processed, through a tolling
agreement, to reclaim metalworking oils/fluids.
(2) The rebuttable presumption does not apply to used oils contaminated with
chlorofluorocarbons (CFCs) removed from refrigeration units where the
CFCs are destined for reclamation.
Records of analyses conducted or information used to comply with §279.63(a)-(c)
must be maintained by the burner for at least three years.
Ill 386
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
(a)
(b)
(c)
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Inspection Procedures - Subpart G, Sections 279.62 through 279.63
Kcv Considerations:
• Has the burner obtained an EPA ID number?
• Has the burner determined if the used oil contains above or below 1,000 ppm total halogen
content?
III-387
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Used Oil Burners Who Burn Off-Specification Used Oil for Energy
Recovery (continued)
§279.64 Used Oil Storage
Wastewaters containing "de minimis" quantities of used oil are not subject to the
requirements of this Part, including the prohibition on storage in units other than tanks or
containers. Used oil burners are subject to all applicable Spill Prevention, Control and
Countermeasures (SPCC) (40 CFR part 112) in addition to this subpart. Used oil burners are also
subject to the Underground Storage Tank (40 CFR Part 280) standards for used oil stored in
underground tanks.
(a) Used oil burners may not store used oil in units other than tanks, containers or
units subject to regulation under 40 CFR Part 264/265.
(b) Containers and aboveground tanks used to store used oil must be in good condition
(no severe, rusting, apparent structural defects or deterioration) and not leaking (no
visible leaks)
(c) Containers used to store used oil at burner facilities must be equipped with a
secondary containment system. The minimum requirements for the secondary
containment system include dikes, berms, or retaining walls, and a floor that covers
the entire area within the dike, berm or retaining wall. The entire containment
system must be sufficiently' impervious to used oil to prevent any used oil released
into the containment system from migrating out of the system to the soil,
groundwater, or surface water.
(d) & New and existing aboveground tanks storing used oil at burner facilities must be
(e) equipped with a secondary containment system.
(1) The minimum requirements for the secondary containment system include
dikes, berms, or retaining walls, and a floor that covers the entire area
within the dike, berm or retaining wall. For existing tank systems, the floor
needs only extend to where existing portions of the tank meet the ground, or
an equivalent secondary containment system.
(2) The entire containment system must be sufficiently impervious to used oil to
prevent any used oil released into the containment system from migrating
out of the system to the soil, groundwater, or surface water.
(f) Containers and aboveground tanks used to store used oil, and fill pipes used to
transfer used oil into underground storage tanks at burner facilities, must be labeled
or clearly marked with the words "Used Oil."
III-388
FOR USE BV EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Inspection Procedures - Subpart G, Sections 279.64
Kev Considerations:
• Are the used oil storage and transfer units (other than USTs) clearly labeled?
• Has a release of used oil occurred at the facility? If so, was the release properly cleaned up
and managed?
III-389
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are in any way altered by any statement^) contained herein.
No statutory or
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS .
Used Oil Burners Who Burn Off-Specification Used Oil for Energy
Recovery (continued)
§279.64 Used Oil Storage (continued)
(g) Upon detection of a release of used oil to the environment not subject to the
requirements of 40 CFR Part 280 Subpart F, a burner must perform the following
cleanup steps:
(1) & Stop and contain the released used oil;
(2)
(3) Clean up and manage properly the released used oil and other materials;
and
(4) Repair or replace any leaking used oil storage containers or tanks before
returning them to service.
§279.65 Tracking
(a) Used oil burners must keep a record of each used oil shipment accepted for burning.
These records may take the form of a log, invoice, manifest, bill of lading or other
shipping document. Records for each shipment include the following information:
(1) Name, address, and EPA ID number (if applicable) of the
(4) transporter, generator, and processor/re-refiner who delivered or generated
and sent the used oil to the used oil burner;
(5) & Quantity of used oil accepted and the date of acceptance.
(6)
(b) The records documenting each shipment of used oil received must be retained for at
least three years.
§279.66 Notices
(a) Before accepting the first shipment of used oil fuel from a generator, transporter, or
processor/re-refiner, the burner must provide to the generator, transporter, or
processor/re-reflner a one-time written and signed notice certifying that the burner
has notified EPA of his/her used oil management activities and that the used oil will
only be bumed in an industrial furnace or boiler identified In §279.61(a). This
certificate must be maintained for at least three years from the date of the last
shipment of off-specification used oil received.
§279.67 Management of Residues
Burners will manage all residues generated from the storage or burning of used oil in the
manner specified in §279.10(e).
111-390
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No.statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Inspection Procedures - Subpart G, Sections 279.65 through 279.66
Key Considerations:
• Does the operating record contain the required records and used oil analyses?
• Did the owner/operator provide the generator, transporter, or processor/re-refiner a one-
time notification certifying that the EPA has been notified of the burner's activities? Has
the burner made the notification to the EPA?
111-391
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
, STANDARDS -
Used Oil Fuel Marketers
§279.70 Applicability
(a) A marketer is any person who directs a shipment of off-specification used oil from
their facility to a used oil burner, or first claims that a used oil that is to be burned
for energy recovery meets the used oil fuel specifications. Any person who is subject
to the requirements of a marketer must also comply with one of subparts regulating
used oil generators, used oil transporters and transfer facilities, used oil processors
/re-refiners, or used oil burners burning off-specification used oil for energy
recovery.
(b) Used oil generators, transporters who transport used oil received only from
generators (unless the generator or transporter directs a shipment of off-
specification used oil from their facility to a used oil burner), and persons who direct
shipments of on-specification used oil and who are not the first person to claim that
the oil meets the specifications.
§279.71 Prohibitions
(a) Used oil fuel marketers may initiate a shipment of off-specification used oil only to
used oil burners who have an EPA ID number and who are burning the used oil in
an industrial furnace or boiler.
§279.72 On-specification Used Oil Fuel
(a) Generators, transporters, processors/re-refiners, or burners must perform analyses
or obtain copies of analyses or other information documenting that the used oil fuel
meets the specifications. Used oil burned for energy recovery meeting these
specifications is not subject to further regulation under this part. The records
documenting the specifications for used oil fuel must keep copies of the analyses (or
other information used to make the determination) for three years.
§279.73 Notification
(a) Used oil marketers must have EPA ID numbers. If the marketer has not previously
complied with the notification requirements of RCRA section 3010, he/she must
oqtgjyBH numS&pJ who have not received an EPA
identification number may obtain one by notifying the Regional Administrator of
their used oil activity by submitting a completed EPA Form 8700-12 or sending a
letter requesting an EPA ID number to the State or EPA Region.
III-392
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Inspection Procedures - Subpart H Sections 279.70 through 279.73
Key Considerations;
• Has the marketer obtained an EPA ID number?
• If the used oil is meets specification, are the required analyses kept for three years?
III-393
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Used Oil Fuel Marketers (continued)
§279.74 Tracking
(a) A used oil generator who directs a shipment of off-specification used oil to a burner
must keep a record of each shipment sent to a used oil burner. These records may
take the form of a log, invoice, manifest, bill of lading or other shipping document.
The records should Identify the name, address and EPA ID number of the
transporter and burner as well as the quantity of used oil and date shipped.
(b) For on-specification used oil, a generator, transporter, processor/re-refiner, or
burner who first claims the used meets the fuel specifications must keep a record of
the shipment. These records may take the form of a log, invoice, manifest, bill of
lading or other shipping document. The records should identify the name and
address of the facility receiving the shipment, the quantity and date of used oil fuel
delivered, and a cross-reference to the record of used oil fuel analysis or other
information used to make the determination that it meets specification.
(c) Records for both on- and off-specification used oil fuel shipments must be retained
for at least three years.
§279.75 Notices
(a) Before a used oil fuel generator, transporter, or processor/re-refiner directs the first
shipment of off-specification used oil fuel to a burner, he/she must obtairi a one-time
written and signed notice certifying that the burner has notified EPA of his/her used
oil management activities and that the used oil will only be burned in an industrial
furnace or boiler identified in §279.61(a). This certificate must be maintained for at
least three years from the date of the last shipment of off-specification used oil
received.
III-394
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way filtered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Inspection Procedures - Subpart H Sections 279.74 through 279.75
Key Considerations:
• Does the marketer keep records of shipments of off-specification oil that are being sent to
burners? How long are these records kept?
• If the marketer first claims that the used oil is on specification, does he/she keep records of
the used oil shipment when it is sent off-site?
Records for both on- and off-specification oil shipments must be retained for three years.
III-395
FOR USE BY EPA INSPECTION PERSONNEL ONLY. -This manual Is intended solely for guidance.
regulatory requirements are in any way altered by any statement(s)contained herein.
No statutory or
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Use as a Dust Suppressant/Used Oil Disposal
§279.80 Applicability
(a) All used oils that cannot be recycled are therefore being disposed.
§279.81 Disposal
(a) Used oils that are identified as hazardous waste and cannot be recycled must be
managed as hazardous waste in accordance with the requirements of 40 CFR Parts
260 through 266, 268, 270 and 124. Used oils that are not hazardous wastes, and
cannot be recycled, must be disposed of in accordance with the requirements of 40
CFR Parts 257 and 258.
§279.82 Use as a Dust Suppressant
(a) Used oil cannot be used as a dust suppressant unless a State has petitioned EPA to
allow the use of used oil - that is not mixed with hazardous waste and does not
exhibit a characteristic other than ignitability -- as a dust suppressant
III-396
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
TABLE III-8 USED OIL MANAGEMENT
STANDARDS
Inspection Procedures -1, Sections 279.80 through 279.82
Kev Considerations:
• If used oil is being used as a dust suppressant, has the state where the used oil is being
employed petitioned EPA to allow the use of used oil?
III-397
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Appendix IV
Inspection
Checklists
CHECKLISTS : PAGE
1. General Site Inspection Information Form IV-2
2. General Facility Checklist....;.... IV-3
3. Air Emissions Checklist IV-10
4. Containers Checklist... IV-31
5. Generators Checklist IV-32
6. Ground-Water Monitoring Checklist IV-38
7. Health & Safety Checklist IV-45
8. Incinerator Checklist IV-58
9. Land Disposal Restrictions Checklist IV-80
10. Landfills Checklist IV-153
11. Land Treatment Checklist IV-157
12. Surface Impoundments Checklist 1V-163
13. Thermal Treatment Checklist IV-168
14. Transporters Checklist IV-171
15. Waste Information Checklist IV-174
16. Waste Piles Checklist ; IV-178
17. RCRA Waste Minimization Checklist IV-181
;. rv-i .
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statement^) contained herein.
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General Inspection Information Form oswer Dir. No. 9938.02(b)
1. General Site Inspection Information Form
A.
SITE NAME
B. STREET (or other identifier)
C.
CITY D. STATE
E. ZIP CODE F. COUNTY NAME
C.
1.
SITE OPERATOR INFORMATION
Name
2. Telephone Number
3.
Street 4. City
5. State 6. Zip Code
7.
Facility Contact/Telephone No. 8.
Responsible Official/Telephone No.
H.
SITE DESCRIPTION
I.
TYPE OF OWNERSHIP
1. Federal 2. State
3. County 4. Municipal 5. Private
J.
FUNCTION
1. Generator 2. Transporter
3. Treatment ;4. Storage 5. Disposal
K.
REGULATORY STATUS
1. Interim Status
3. Part B Permit Application Submitted
2. Permitted Facility
4. Part B Permit Application in Preparation
L.
1.
INSPECTOR INFORMATION
Principal Inspector Name
3; Organization
2.
Title
4. Telephone No. (area code and No.)
M.
INSPECTION PARTICIPANTS
1.
6.
2.
7.
3.
8.
4.
9.
5.
10.
IV 2
FOR USE BY EPA INSPECTION PERSONNEL ON1..Y. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any.statemcnt(s) contained herein.
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General Facility Checklist
OSWER Dir. No. 9938.02(b)
• ¦ ¦ ¦ ¦ 2. General Facility Checklist
Section A - General Facility Standards (40 CFR 264/5 Subpart B) Yes No
1. Does facility have EPA Identification No.? (§§264/5.11)
a. If yes, EPA I.D. No.
If no. explain.
2. Has facility received hazardous waste from a foreign source?
{§§264/5.12)
If yes, has it filed a notice with the Regional Administrator?
Waste Analysis
3. Does facility maintain a copy of the waste analysis plan on-
site? (§§264/5.13)
a. If yes, does it include:
1. Parameters for which each waste will be analyzed?
(§§264/5.13(b)(1))
2. Test methods used to test for these parameters?
(§§264/5.13(b)(2))
3. Sampling method used to obtain sample?
(§§264/5.13(b)(3))
4. Frequency with which the initial analyses
will be reviewed or repeated?
(§§264/5.13(b)(4))
5. (For off-site facilities) waste analyses that
generators have agreed to supply?
(§§264/5.13(b)(5))
6. (For off-site facilities) procedures which are used to
inspect and analyze each movement of hazardous
waste, including: (§§264/5.13(c))
a. Procedures to be used to determine the
identity of each movement of waste
b. Sampling method to be used to obtain
representative,sample of the waste to be
identified.
IV-3
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely, for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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General Facility Checklist
OSWER Dir. No. 9938.02(b)
4. Does the facility provide adequate security through: Yes No
(§§264/5.14)
a. 24-hour surveillance system (e.g., television monitoring or ; __
guards)?
QR
b. 1. Artificial or natural confining barrier around
facility (e.g., fence or fence and cliff)?
(§§264/5.14(b))
Describe:
AND
2. Means to control entry through entrances (e.g.,
attendant, television monitors, locked entrance,
controlled roadway access)?
(§§264/5.14(b) (2) (ii))
Describe:
General Inspection Requirements
Does the owner/operator maintain a written schedule at the facility
for inspecting: (§§264/5.15)
a. Monitoring equipment?
b. Safety and emergency equipment? (§§264/5.15(b))
c. Security devices:
d. Operating and structural equipment?
e. Types of problems with equipment:
1. Malfunction (§§264/5.15(a))
2. Operator error
3. Discharges
Does the owner/operator maintain an inspection log?
(§§264/5.15(d))
a. [f yes, docs it include:
1
2
3
4
b. Are there any malfunctions or other deficiencies not
corrected? (Use narrative explanation sheet.)
(§§264/5.15(c))
5.
6.
Date and time of inspection?
Name of inspector?
Notation of observations?
Date and nature of repairs or remedial action?
IV 4
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s) contained herein.
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General Facility Checklist
OSWER Dir. No. 9938.02(b)
Personnel Training
7. Does the owner/operator maintain personnel training records at
the facility? (§§264/5.16)
How long are they kept? ;
a. If yes, do they include:
1. Job title and written job description of each
position? (§§264/5.16(d))
2. Description of type and amount of training?
3. Records of training given to facility personnel?
Requirements for Ignitable, Reactive, or Incompatible Waste
.8. Does facility handle ignitable or reactive wastes? (§§264/5.17)
a. [f yes, is waste separated and confined from sources of
ignition or reaction (open flames, smoking, cutting and
welding, hot surfaces, frictional heat), sparks (static,
electrical, or mechanical), spontaneous ignition (e.g., from
heat-producing chemical reactions), and radiant heat?
1. If yes, use narrative explanation sheet to describe
separation and confinement procedures^
2. [f no, use narrative explanation sheet to describe
sources of ignition or reaction.
b. Are smoking and open flame confined to specifically
designated locations?
c. Are "No Smoking" signs posted in hazardous areas?
d. Are precautions documented (Part 264 only)?
(§264.17(c))
9. Are containers leaking or corroding? (§§264/5.171)
10. Is there evidence of heat generation from incompatible wastes?
Section B - Preparedness and Prevention (40 CFR 264/5 Subpart C)
1. Is there evidence of fire, explosion, or contamination of the
environment?
If yes, use narrative explanation sheet to explain.
2. Is the facility equipped with: (§§264/5.32)
a. Internal communication or alarm system?
(i) Is it easily accessible in case of emergency?
(§§264/5.34)
IV-5
FOR.USE BY EPA 1NSPEC1 ION PERSONNEL ONLY, ffiiis manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statement^) contained herein.
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General Facility Checklist
OSWER Dir. No. 9938.02(b)
b. Telephone or two-way radio to call emergency response Yes No
personnel? (§§264/5.32(b)) __
c. Portable fire extinguishers, fire control equipment, spill
control equipment, and decontamination equipment?
(§§264/5.32(c))
d. Water of adequate volume for hoses, sprinklers, or water
spray system? (§§264/5.32(d))
Describe source of water:
3. Is there sufficient aisle space to allow unobstructed movement of
personnel and equipment? (§§264/5.35)
4. . Has the owner/operator made arrangements with the local
authorities to familiarize them with characteristics of the facility?
(Layout of facility, properties of hazardous waste handled and
associated hazards, places where facility personnel would normally
be working, entrances to roads inside facility, possible evacuation ¦-
routes.) (§§264/5.37)
5. In the case that more than one police or fire department might
respond, is there a designated primary authority?
(§§264/5.37(a) (2))
a. Tf yes, name primary authority:
6. Does the owner/operator have phone numbers of and agreements
with State emergency response teams, emergency response
contractors, and equipment suppliers? (§§264/5.37(a)(3))
a. Are they readily available to all personnel?
7. Has the owner/operator arranged to familiarize local hospitals with
t he properties of hazardous waste handled and types of injuries
that could result from fires, explosions, or releases at the facility?
(§§264/5.37(a) (4)) _
8. If State or local authorities decline to enter into the arrangements
called for under §§264/5.37, is this entered in the operating record?
(§§264/5.37(b))
Section C - Contingency Plan and Emergency Procedures
(40 CFR 264/5 Subpart D)
1. Is a contingency plan maintained at the facility? (§§264/5.51) -
a. If yes, is it a revised SPCC Plan? (§§264/5.52(b)) _
b. Does contingency plan include:
IV 6
FOR USIS BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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General Facility Checklist
OSWER Dir. No. 9938.02(b)
1. Arrangements with local emergency response Yes No
organizations? (§§264/5.52(c))
2. Emergency coordinator's names, phone numbers,
and addresses? (§§264/5.52(d))
3. List of all emergency equipment at facility and
descriptions of equipment? (§§264/5.52(e))
4. Evacuation plan for facility personnel?
(§§264/5.52(0)
2. Is there an emergency coordinator on site or on call at all times?
(§§264/5.55)
Section D - Manifest System. Recordkeeping, and Reporting
(40 CFR 264/5 Subpart El
1. Does facility receive waste from off-site? (§§264/5.71 (a))
a. If yes, does the owner/operator retain copies of all
manifests?
1. Are the manifests signed and dated and returned to
the generator?
2. Is a signed copy given to the transporter?
2. Does the facility receive any waste from a rail or water (bulk
shipment) transporter? (§§264/5 71(b))
a. If yes. is it accompanied by a shipping paper?
1. Does the owner/operator sign and date the shipping
paper and return a copy to the generator?
2. Is a signed copy given to the transporter?
3. Has the owner/operator received any shipments of waste that were
inconsistent with the manifest (manifest discrepancies)?
(§§264/5.72)
a. If yes, has he attempted to reconcile the discrepancy with
the generator and transporter?
1. If no, has Regional Administrator been notified?
IV-7
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein. '
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General Facility Checklist
OSWER Dir. No. 9938.02(b)
4. Does the owner/operator keep a written operating record at the Yes No
facility? (§§264/5.73(a))
a. If yes, does it include: (§§264/5.73(b))
1. Description aind quantity of each hazardous waste
received? .
2. Methods and dates of treatment, storage, and
disposal?
3. Location and quantity of each hazardous waste at
each location?
4. Cross-references to manifests/shipping papers?
5. Records and results of waste analyses?
6. Report of incidents involving implementation of the
contingency plan?
7. Records and results of required inspections?
8. Monitoring or testing analytical data? (Part 264)
9. Closure cost estimates and, for disposal facilities,
post-closure cost estimates? (Part 264)
10. Notices of generators as specified? (§264.12(b))
11. Certification of permittee waste minimization
program? (§264.73(b) (9))
12. Land disposal restriction records required by
§268.5, §268.6, §268.7(a), and §268.8, as applicable?
(§264.73(b)(10)-(16)) J _
5. Does the facility submit a biennial report by March 1 every even-
numbered year? (§§264/5.75)
a. If yes, do reports contain the following information:
A. EPA I D. number? (§§264/5.75(a)) , _
2. Date and year covered by report? (§§264/5.75(b))
3. Description/quantity of hazardous waste?
(§§264/5.75(d)) _
4. Treatment, storage, and disposal methods?
(§§264/5.75(e)) _
5. Monitoring data under §265.94(a)(2) and (b)(2)?
(§265.75(f)) 1 _
6. Most recent closure and post-closure cost estimates?
(§§264/5.75(g)) _
7. For TSD generators, description of efforts to reduce
volume/toxicity of waste generated, and actual
comparisons with previous year? (§§264/5.75(h)j
8. Certification signed by owner/operator?
(§§264/5.75(j)) _
IV-8
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
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General Facility Checklist OSWER Dir. No. 9938.02(b)
6. Has the facility received any waste (that does not come under the Yes No
small generator exclusion) not accompanied by a manifest?
(§§264/5.76)
a. If yes. has he submitted an unmanifested waste report to
the Regional Administrator?
7. Does the facility submit to the Regional Administrator reports on
'releases, fires, and explosions; contamination and monitoring data;
and facilitv closure? (§§264/5.77)
IV 9
FOR USE BY EPA.INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. .No staCutoiyor
regulatory requirements arc in any way altered by any statements) contained herein.
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Air Emissions Checklist
OSWER Dir. No. 9938.02(b)
3. Air Emissions Checklist
Section A - Applicability (SS264/5.I030) Yes No
1. Does the facility have units permitted under Part 270 or is it
permitted under Part 270?
a. What is the effective date for this facility? '
b. For interim status facilities, have these requirements been
incorporated into Part B application submittal?
2. Are there any of the following separation processes at the facility:
a. Distillation?
b. Fractionation?
c. Thin-film evaporation?
d. Solvent extraction?
e. Air stripping?
f. Steam stripping?
Section B - Waste Streams
3. Are there waste streams associated with any separation processes
that contain 10 ppmw or greater organic concentration?
(§§264/5.1032(a))
a. If they claim waste streams below 10 ppmw, did they use
proper means to determine concentration?
(§§264/5.1034(d)(l or 2))
b. Was date of initial determination before their effective
date? (§§264/5.1034(e))
c. Were other analyses performed annually or upon changes
in waste streams? (§§264/5.1034(e) (2 or 3))
Section C - Facility Emissions Rates
4. Is the hourly process vent organic emission rate greater than or
equal to 3 lb/hr? (§§264/5,1032(a))
Is the yearly process vent organic emission fate greater than or
equal to 3.1 tons/yr? (§§264/5.1032(a))
1V-10
KOR USF. BY"F.PA INSPECTION PERSONNEL ONLY. This manual is intended solely, for guidance. -No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Air Emissions Checklist
OSWER Dir. No. 9938.02(b)
a. If performance tests were made, were they done according Yes No
to §§ 264/5.1034(c)?
b. If engineering calculations were used, were they done
according to §§ 264/5.1035(b)(Z)(ii)?
c. Has t he owner/operator signed a statement that test
conditions portray peak capacity operating conditions?
(§§264/5. L 035(b) (4) (iv))
d. Were the facility emissions rates determined by the
effective date?
Section D - Facility Emission Rates After Control Devices or
Change in Operations
5. a. Are the process vent organic emission rates for the facility
less than or equal to 3 lb/hr and less than or equal to 3.1
tons/year or are they reduced by 95%? (§§264/5.1032(a))
b. If performance tests were used, were they done in
accordance with §§264/5.1034(c) and was the test plan in
accordance with §§264/5.1035(b)(3)?
c. If engineering calculations were used, were they in
accordance with §§264/5.1035(b)(4)?
d. For facilities without the control devices installed, do they
have an installation plan? ((§§264/5.1033(a) (2) and
264/5.1035(b)(1)) _
e. Will the control devices be installed by 18 months after the
effective date? (§§264/5.1033)
Section E - Reporting fS264.10361
6. For facilities with final permits incorporating this rule, have they
sent in semi-annual reports of cxceedances lasting longer than 24
hours?
IV 11
FOR USE BY EPA 1NSPEC FION PERSONNEL ONLY. This manual is intended solely for,guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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Air Emissions Checklist
OSWER Dir. No. 9938.02(b)
(Use individual control device worksheets to continue inspection)
Summary Sheet for Control Devices (CD)
Vent # Control Device CD # On Unit # For Vents #
Condenser
Adsorber (Regen)
Adsorber (Nonreg)
Process Heater
Boiler
Catalytic Vapor Incinerator
Thermal Vapor Incinerator
Air Assisted Rare
Steam Assisted Flare
Nonassisted Flare
-
IV 12
POR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Air Emissions Checklist
OSWER Dir. No. 9938.02(b)
Checklist
Condenser
Parts 264/265 Subpart AA
Operating Parameters:
List the operating parameters and the limits set for each condenser in the permit, or
for interim status facilities, the limits the facility gave based on their engineering
calculations (§§264/5.1035(b)(4)(iii)(E)) or performance tests (§§264/5.1035(b) (ii))-
Operating Parameter
Limit
Have they met these limits?
2.
Is all design documentation, monitoring, operating, and inspection
information in the facility operating record? (§§264/5.1035(c))
Monitoring: A and either B or C
Yes
No
AND
OR
A. Flow indicator (§§264/5.1033(0(1))
1. records hourly
2. installation point correct
3. daily inspection (§§264/5.1033(f)(3))
B. [Organic compound] in condenser exhaust vent stream
1. continuously record (§§264/5.1033(f)(2)(vi)(A))
2. daily inspection (§§264/5.1033(f) (3))
C. Temperature monitoring device (§§264/5.1033(f)(2)(vi)(B))
1. continuously record
2. two locations:
a. exhaust vent stream from condenser
b. coolant fluid exiting the condenser
3. accuracy:
a. +/- 1% of temperature being monitored in CO
b. .5 degrees C (whichever is greater)
4. inspect daily (§§264/5.1033(f)(3))
3.
Repair:
a. immediately upon daily inspection (§§264/5.1033(0(3))
IV-13
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements arc In any way altered by any statements) contained herein^
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Air Emissions Checklist
OSWER Dir. No. 9938.0?.fM
\. Exceedances (§§264/5.1035(c)(4)(vi or vii)): Yes No
a. If monitoring [organic] in exhaust:
1. when [organic] greater than 20% above design
outlet [organic]
b. If monitoring T:
1. either T exhaust greater than 6 deg above design
avg exhaust T OR
2. T coolant out greater than 6 deg above design avg
coolant T
c. Cause of exceedance given _
d. Measure taken to correct, cause provided _
5. , Closed-vent systems associated with the control device
(§§264/5.1033(j)):
a. Standard: No detectable emissions and no visual
emissions _
b. Monitor: At facility effective date _
Annually _
RA requested times _
c. Repair: Start by 5 days/complete by 15 _
IV 14
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements arc in any way altered by any statements) contained herein.
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Air Emissions Checklist
OSWER Dir. No. 9938.02(b)
Checklist
Thermal Vapor Incinerator
Parts 264/265 Subpart AA
Operating Parameters:
List the operating parameters and the limits set for each thermal vapor incinerator
in the permit or for interim status facilities, the limits the facility gave based on their
engineering calculations (§§264/5.1035 (b) (4) (iii) (B)) or performance tests
(§§264/5.1035(b)(2)(ii)).
Operating Parameter
Limit
Have they met these limits?
Is all design documentation, monitoring, operating, and inspection
information in the facility operating record? (§§264/5.1035(c))
Yes No
2. Monitoring: A and B
A. Flow indicator (§§264/5.1033(f)(1))
1. records hourly
2. installation point correct
3. daily inspection (§§264/5.1033(f)(3))
B. Temperature monitoring device (§§264/5.1033(1) (2) (i))
1. continuously record
2. one location:
a. in combustion chamber downstream of
3. accuracy:
a. +/- 1% of temperature being monitored in CO
b. .5 degrees C (whichever is greater)
4. inspect daily (§§264/5.1033(0(3))
3. Repair:
a. Immediately upon daily inspection (§§264/5.1033(f)(3))
IV 15
FOR USE BY HP A INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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Air Emissions Checklist
OSWER Dir. No. 9938.02(b)
4. Exceedances (§§264/5.1035(c)(4)(i or ii)): Yes No
a. If monitoring RT min:
1. when T less than 760 deg. C
b. If standard 95% eff:
1. when T comb, zone greater than 28 deg. C below
c. Cause of exceedance given
d. Measures taken to correct cause provided _
5. Closed-vent systems associated with the control device
(§§264/5.1033(j)):
a. Standard:
b. Monitor:
c. Repair:
No detectable emissions and no visual
emissions
At facility effective date
Annually
RA requested times
Start by 5 days/complete by 15
IV-16
FOR USE BY EPA INSPECTION PERSONNEL ONI.Y. THls manual-is intended solely Tor guidance. No statutory or
regulatory requirements are In any way altereel by any statements) contained herein.
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Air Emissions Checklist
OSWER Dir. No. 9938.02(b)
Checklist
Catalytic Vapor Incinerator
Parts 264/265 Subpart AA
Operating Parameters:
List the operating parameters and the limits set for each catalytic vapor incinerator
in the permit or for interim status facilities, the limits the facility gave based on their
engineering calculations {§§264/5.1035(b) (4) (iii) (C)) or performance tests
{§§264/5.1035(b) (2) (ii)).
Operating Parameter
Limit
Have they met these limits?
Is all design documentation, monitoring, operating, and inspection
information in the facility operating record?. (§§264/5.1035(c))
Yes No
2. Monitoring: A and B
A: Flow indicator (§§264/5.1033(0(1))
1. records hourly
2. installation point correct
3. daily inspection (§§264/5.1033(0(3))
B. Temperature monitoring device (§§264/5.1033(f)(2)(ii))
1. continuously record
2. two locations:
a. vent stream at the nearest feasible point to
b. vent stream at the nearest point feasible to
3. accuracy:
a. +/- 1% of temperature being monitored in CO
OR
h. +/- .5 degrees C (whichever is greater)
4. inspect daily (§§264/5.1033(0(3))
3. Repair:
a. Immediately upon daily inspection (§§264/5.1033(0(3))
rv-i7
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
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Air Emissions Checklist
OSWER Dir. No. 9938.02(b)
(
4. Exceedances (§§264/5.1035(c)(4)(iii)(A or B)): Yes No
a. T inlet greater than 28 deg. C below design avg. T inlet or
b. T diff. across bed less than 80% design avg. T difference
c. cause of exceedance given
d. measures taken to correct cause provided
5. Closed-vent systems associated with the control device
(§§264/5.1033(j)):
a. Standard: No detectable emissions and no visual
emissions
b. Monitor: At facility effective date
Annually
RA requested times
c. Repair: Start by 5 days/complete by 15
IV 18
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
, regulatory requirements are In any .way altered by any statements) contained herein.
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Air Emissions Checklist
OSWER Dir. No. 9938.02(b)
Checklist.
Boiler/Process Heater
Parts 264/265 Subpart AA
1: Operating Parameters:
List the operating parameters and the limits set for each boiler/process heater in the
permit or for interim status facilities, the limits the facility gave based on their engineering
calculations (§§264/5.1035(b)(4)(iii)(C)) or performance tests (§§264/5.1035(b)(2)(ii)).
Operating Parameter Limit Have they met these limits?
Is all design documentation, monitoring, operating, and inspection Yes No
information in the facility operating record? (§§264/5.1035(c))
2. Monitoring: A and either B or C
A. Flow indicator (§§264/5.1033(0(1))
1. records hourly
2. installation point
3. daily inspection (§§264/5.1033(f)(3))
AND
B. If design heat input capacity less than 44 MW:
1.
temperature monitoring device
2.
continuously record
3.
one location:
a. in furnace downstream of combustion zone
4.
accuracy;
a. +/- 1% of temperature being monitored OR
b. .5 degrees C (whichever is greater)
5.
inspect daily (§§264/5.1033(0 (3))
—
If design heat input capacity => 44 MW:
1.
continuously record (§§264/5.1033(0(v))
2.
parameter that indicates good combustion practices
3.
inspect daily (§§264/5.1033(0(3))
IV 19
FOR USE BY F.PA INSPECTION PERSONNELON1.Y. This manual is intended solely for; guidance.' No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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Air Emissions Checklist
OSWER Dir. No. 9938.02(b)
3. Repair: Yes No
a. immediately upon daily inspection (§§264/5.1033(0(3))
4. Exceedances (§§264/5.1035(c)(4)(iv)):
a. T flame zone > 28 deg. C below design avg. flame zone T
b. Position changes where vent stream is introduced
c. Cause of exceedance given
d. Measures taken to correct cause provided
5. Closed-vent systems associated with the control device
(§§264/5.1033(j)):
a. Standard: No detectable emissions and no visual
emissions ¦
b. Monitor: At facility effective date
Annually
RA requested times
c. Repair: Start by 5 days/complete by 15
rv-20
FOR USE BY EPA INSPECTION PERSONNEI, ONLY. This manual is intended solely for guidance.. No statutory or
regulatory requirements arc In any way altered'bv anv statements) contained herein.
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Air Emissions Checklist
OSWER Dir. No. 9938.02(b)
Checklist
Flares
Parts 264/265 Subpart AA
1. Operating Parameters:
List the operating parameters and the limits set for each flare in the permit or, for
Interim status facilities, the limits the facility gave based on their engineering calculations
(§§264/5.1035(b)(4){iii)(D) and §§264/5.1033(d)) or performance tests (§§264/5.1035(b)(2)(ii)).
Operating Parameter Limit Have they met these limits?
Is all design documentation, monitoring, operating, and inspection Yes No
information in the facility operating record? (§§264/5.1035(c)
2. Standard (§§264/5.1033(d))
a. No visible emissions, except for period not to exceed 5
minutes/any consecutive 2 hrs
b. Flame present at all times
c. If steam assisted:
1. Ve < 60 ft/s and Ht > 300 BTU/scf or
2. 60 ft/s < Ve < 400 ft/sec and Ht > 1000 BTU/scf
3. Ve < Vmax < 400 and Ht > 300 BTU/scf
d. If air-assisted: Ve< Vmax and Ht => 300 BTU/scf
e. If non-assisted:
1. Vc < 60 ft/sec and Ht => 200 BTU/scf or
2. 60 units < Vc < 400 ft/sec and Ht > 1000 BTU/scf
3. Vc < Vmax < 400 units and Ht i 200 BTU/scr
2. Monitoring: A and B
A. Flow indicator (§§264/5.1033(f)(1))
1. records hourly
2. installation point
3. daily inspection (§§264/5.1033(f)(3))
B. Heat sensing device for continuous ignition of pilot flame
(§§264/5.1033(f)(2)(iii))
1. continuously record
2. inspect daily (§§264/5.1033(0(3))
rv-2i
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Air Emissions Checklist
OSWER Dir. No. 9938.02(b)
3. Repair: Yes No
a. Immediately upon daily inspection (§§264/5.1033(0(3))
A. Exceedances (§§264/5.1035 (c) (4) (v)):
a. Period when pilot flame is not ignited
b. Cause of cxceedance given
c. Measures taken to correct cause provided
5. Closed-vent systems associated with the control device
(§§264/5.1033fl)):
a. Standard: No detectable emissions and no visual
emissions
b. Monitor: At facility effective date
Annually
RA requested times
c. Repair: Start by 5 days/complete by 15
IV-22
FOR USE BY EPA INSPECTION PERSONNEI. ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements arc in any way altered by any statement^) cbntained herein.
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Air Emissions Checklist
OSWER Dir. No. 9938.02(b)
Checklist
Carbon Adsorbers - Regenerative
Parts 264/265 Subpart AA
1. Operating Parameters:
List the operating parameters and the limits set for each in the permit or, for
interim status facilities, the limits the facility gave based on their engineering calculations
(§§264/5.1035(b)(4)(iii)(D) and §§264/5.1033(d)) or performance tests (§§264/5.1035(b)(2)(ii)).
Operating Parameter Limit Have they met these limits?
Is all design documentation, monitoring, operating, and inspection Yes No
information in the facility operating record? (§§264/5.1035(c))
2. Monitoring: A. B. C and D
A. Flow indicator (§§264/5.1033(f)(1))
1. records hourly
2. installation point
3. daily inspection (§§264/55.1033(0(3))
B. [Organic compound] in carbon bed exhaust vent stream
1. continuously record (§§264/5.1033(f) (2) (vii))
2. daily inspection
C. Device to measure a parameter that indicates regeneration
on a regular, predetermined time cycle
1. continuously record
2. inspect daily
D. Replace carbon at regular, predetermined time interval
that is < carbon service life (§§264/5.1033(g))
3. Repair:
a. Immediately upon daily inspection (§§264/5.1033(0 (3))
IV 23
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Air Emissions Checklist
OSWER Dir. No. 9938.02(b)
4. Exceedances (§§264/5.1035(c)(4)(viii and ix)): Yes No
a. If [organic compound]:
(i) x [org] exhaust >20% above design exhaust vent
(ii) stream [org]
b. If parameter for regen. on regular cycle
(i) flow continuous past predetermined reg. time? _
c. Cause of exceedance given?
d. Measures taken to correct cause for exceedance?
5. Have §§264/5.1035(c)(6) or (7) been met? _
6. .» Closed-vent systems associated with the control device
(§§264/5.10330)):
a. Standard: No detectable emissions and no visual
emissions _
b. Monitor: At facility effective date _
Annually _
RA requested times _
c. Repair: Start by 5 days/complete by 15 _
TV-24
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by anystatemerit(s} contained Herein. •
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Air Emissions Checklist
OSWER Dir. No. 9938.02(b)
Checklist
Carbon Adsorbers - Non-Regenerative
Parts 264/265 Subpart AA
Operating Parameters:
List the operating parameters and the limits set for each in the permit or, for
interim status facilities, the limits the facility gave based on their engineering calculations
(§§264/5.1035(b)(4)(iii)(D) and §§264/5.1033(d)) or performance tests (§§264/5.1035(b)(2)(H)).
Operating Parameter
Limit
Have they met these limits?
Is all design documentation, monitoring, operating, and inspection
information in the facility operating record? (§§264/5.1035(c))
Yes No
2. Monitoring: A and either B or C
A. Flow indicator (§§264/5.1033(f)(1))
1. records hourly
2. installation point
3. daily inspection (§§264/5.1033(0(3))
AND
B. Organic compound in exhaust vent, stream
(§§264/5.1033(g))
1. monitor on regular basis
2. inspect daily or at time < 20% time carbon life
3. replace carbon when carbon breakthrough
OR
3.
D. Replace carbon at regular predetermined time interval less
than design carbon replacement interval
Repair:
a. Immediately upon daily inspection (§§264/5.1033(0(3))
IV 25
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutory or
regulatory requirements arc in any way altered by any statement(s) contained herein.
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Air Emissions Checklist
OSWER Dir. No. 9938.02(b)
4. Exceedances (§§264/5.1035(c)(4)(viii and ix)) for non-regenerators
(see §§1035(c)(6). (7))
a. If monitoring [organic] in exhaust:
(i) date and time when monitored for breakthrough
and reading
(ii) date when carbon is replaced with fresh carbon
b. Cause of exceedance given
c. Measures taken to correct cause provided
6. Closed-vent system:
a. Standard: No detectable emissions and no visual
emissions
b. Monitor: At facility effective date
Annually
RA requested times
Start by 5 days/complete by 15
Yes No
c.
Repair:
IV-26
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s)'contained herein.
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Air Emissions Checklist
OSWER Dir. No. 9938.02(b)
Checklist
Equipment Leak Applications
Parts 264/265 Subpart BB
Section A - Applicability (55264/5.1050)
1. Is the facility permitted under Part 270 or does it have units
permitted under Part 270?
a. Facility status: interim status or permitted?
b. What is the effective date for this facility?
2. Are any of these units exempt?
Section B - Waste Streams (55264/5.1063(d))
3. Are there waste streams that contain at least 10% organics by
weight?
a. Method of determination? Knowledge, ASTM Methods
D2267-88, E169-87, E168-88, E260-85 or Method 9060 or
8240
b. If knowledge, is it documented?
c. Date of initial determination ¦
d. Dates of other analysis? Change, batch
4. For each waste stream that does qualify, determine fluid type
(gas/vapor service, light-liquid service, heavy liquid service)
a. Method for determining light liquid service
1. vapor pressures of constituents from standard texts,
or
2. ASTM D-2879-86
Section C - Facility Operating Record fSS264/5.1064(gl)
5. Does the facility have a list of the equipment and identification
numbers that are affected by this rule?
Yes No
IV-27
FOR USF. BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Air Emissions Checklist
OSWER Dir. No. 9938.02(b)
6. Is there a list of the ID numbers of NDE pumps, valves, and Yes No
compressors with signature of owner/operator? '
7. Is there a list of all affected equipment by designation?
8. Is there a list of pressure relief devices in gas/vapor service?
9. Dates of test for no detection emission equipment?
Background level
Maximum instrument reading
10. Is there a list of ID numbers for equipment in vacuum service? _
11. List of ID numbers of "unsafe-to-monitor" and "difficult-to-monitor"
valves, with explanation for each and plan for monitoring or
schedule.
12. Is there a list of valves using the skip period alternative monitoring
schedule, with schedule for monitoring and % leaking determined? _
13. For dual mechanical seal pumps or compressors with barrier fluid
systems with sensors, is the criteria and explanation of the criteria
for determining sensor failure given? _
14. Is there, an analysis of design capacity, influent/effluent for each
unit subject to these requirements, and an up-to-date analysis
cither by testing or knowledge to determine if the equipment is
covered or not? _
(continued)
IV 28
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Air Emissions Checklist
OSWER Dir. No. 9938.02(b)
Identification of Equipment Covered by Rule
Equipment Equipment ID # Waste Stream # Fluid
Pumps
general
dual mechanical
NDE (scalless)
closed vent/control
devices
Compressors
general
NDE Sealless
CV/Control Devices
Pressure Relief Devices
general
CV/Control Devices
Sampling Connecting
Systems
general
insitu
Valves
general
leakless (NDE)
unsafe to monitor
difficult to monitor
alter allowable %
alter skip period LDRP
Open-ended valves or lines
Flanges and other
connectors
IV 29
l'OR USE BY liPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance.
regulatory requirements are in any way altered by any statements) contained herein.
No statutory or
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Air Emissions Checklist
OSWER Dir. No. 9938.02(b)
Date of Inspection
Facility ¦
Inspector '
RECORDKEEPING REQUIREMENTS (§§264/5 (b)(1) and (g))
Unit Number Listed
Equipment. Identification Number Listed
Location at Facility
Type of Equipment
% by weight of TOC at equipment
Fluid State at Equipment
Equipment Designation
If Closed-Vent/Control Device Used (264/5.1064(b)
(2-4)
- Implementation Plan
If testing, performance test plan / ;
Design Documentation or Perf. Test Results
If Control Device; monitoring, operating, inspection
data (264/5.1064(e))
LEAK DETECTION AND REPAIR RECORDKEEPING (§§264/5.1064 (c and d))
Monitoring Equipment Number -
Monitoring Operators Identification
Date of Visual, Audible, Olfactory Indication of Leak
Date of Leak Detection
Date of Repair Attempt •
Repair Methods at each attempt
Leak "Above 10,000" or Above 500 above background
"Repair Delayed" if after 15 days
If valve, documentation for repair delay
Signature of Person approving delay
Expected Date of Repair
Date of Successful Repair
PHYSICAL INSPECTION
Visual, Audible, or Olfactory Indication of Leak
Monitoring Equipment Number
Correct. Calibration Method
Correct Monitoring Techniques Used
Method 21 Results
Tag on Leaking Equipment
If Equipment already had tag on it:
Date Leak Detected
- Date of Expected Repair or Actual Repair
Equipment Marked as Being in this Program
IV-30
FOR USE BY EPA INSPECTION PERSONNEL ONLY, This manual is intended solely for guidance. Np statutoiy or
regulatory requirements arc in any way altered by any statement(s) contained herein.
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Containers Checklist
OSWER Dir. No. 9938.02(b)
4. Containers Checklist
Section A - Use and Management (53264/5171)
1. Are containers in good condition?
Section B - Compatibility of Waste With Container (§8264/5.172)
1. - Is container made of a material that will not react with the waste
which it stores?
Section C - Management of Containers (§§264/5.173)
1. Is container always closed while holding hazardous waste?
2. Is container not opened, handled, or stored in a manner which may
rupture it or cause it. to leak?
Section D - Inspections (SS264/5.174)
1. Does owner/operator inspect containers at least weekly for leaks
and deterioration?
Section E - Containment (6264.175)
1. Do container storage areas have a containment system?
Section F - Ignitable and Reactive Waste (Ł3264/5.176)
1. Are containers holding ignitable and reactive waste located at least
15 m (50 ft) from facility property lines?
Section G - Incompatible Waste (86264/5.177)
1. Are incompatibie wastes or materials placed in the same
containers?
2. Are hazardous wastes placed in washed, clean containers when
they previously held incompatible waste?
3. Are incompatible hazardous wastes separated from each other by a
berm, dike, wall, or other device?
Section H - Closure (82641178)
1. At closure, were all hazardous wastes and associated residues
removed from the containment system?
TV 31
FOR USE BY Kl'A INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Generators Checklist
OSWER Dir. No. 9938.02(b)
5. Generators Checklist .
Section A - EPA Identification No. Yes No
1. Does generator have EPA I.D. No.? (§262.12)
)
a. If yes, EPA I.D. No._ '
Section B - Manifest
1. Does generator ship waste off-site? (§262.20)
a. If no, do not fill out Sections B and D.
b. If yes, identify primary off-site facility(s). Use narrative
explanation sheet.
2. . Does generator use manifest? (§262.20)
a. If no, is generator a small quantity generator (generating
between 100 and 1000 kg/month?
NOTE: SQGs are only exempt if wastes are reclaimed. (See §262.20(e).)
1. If yes. does generator indicate this when sending
waste to a TSD facility?
IV-32
FOR USE BY EPA INSPECTION PERSONNEI. ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Generators Checklist
OSWER Dir. No. 9938.02(b)
b. [f yes, does manifest, include the following information? Yes No
(Part 262 appendix)
1.
Manifest document no.
2.
Generator's name, mailing address, telephone no.
3.
Generator EPA I.D. no.
4.
Transporter Name(s) and EPA I.D. no:(s)
5.
a. Facility name, address, and EPA I.D. no.
b. Alternate facility name, address, and EPA
—
I.D. no.
——
c. Instructions to return to generator if
undeliverablc
6. Waste information required by DOE - shipping
name, quantity (weight or vol.), containers (type
and number)
7. Emergency information (optional)
(special handling instructions, telephone no.)
8. Is the following certification on each manifest form?
"This is to certify that the above named materials
are properly classified, described, packaged,
marked, and labeled and are in proper condition for
transportation according to the applicable national
and international regulations."
9. Does generator retain copies of manifests?
(§262.40)
If yes, complete a through e (§262.23)
. . ¦ IV 33
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Generators Checklist
OSWER Dir. No. 9938.02(b)
a. 1. Did generator sign and date all
manifests?
2. Who signed for generator?
Name Title
b. 1. Did generator obtain handwritten
signature and date of acceptance
from initial transporter?
2. Who signed and dated for
transporter? (§262.23)
Name Title ;
c. Does generator retain one copy of manifest
signed by generator and initial transporter?
(§262.40)
d. Do returned copies of manifest include
facility owner/operator signature and date
of acceptance? (§262.40)
e. Does generator retain copies for 3 years?
(§262.40)
Section C - Hazardous Waste Determination (40 CFR 262.11)
1. Does generator generate solid waste(s) listed in Subpart D (List of
Hazardous Waste)?
a. If yes, list wastes and quantities (include EPA Hazardous
Waste No.)
2. Does generator generate solid wastc(s) listed in Subpart C that
exhibit hazardous characteristics (corrosivity, ignitability,
reactivity, EP toxicity)?
a. If yes, list wastes and quantities (include EPA Hazardous
Waste No.) | ;
b. Does generator determine characteristics by testing or by
applying knowledge of processes?
IV-34
FOR USE BY EPA INSPECTION PERSONNEL ONLY.- This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any wayaltered by any statements) contained herein.
Yes No
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Generators Checklist
OSWER Dir. No. 9938.02(b)
Yes No
1. If determined by testing, did generator use test
methods in Part 261, Subpart C (or equivalent)? _
a. If equivalent test methods used, attach copy
of equivalent methods used.
3. Are there any other solid wastes generated by generators? —
a. If yes, did generator test, all wast es to determine whether or
not they were hazardous? —
1. If no, list wastes and quantities deemed
nonhazardous or processes from which
nonhazardous waste was produced (use additional
sheet if necessary)
Section D - Pretransport Requirements
1. Does generator package waste in accordance with 49 CFR 173, 178,
and 179 (DOT requirements)? (§262.30)
2. a. Are containers to be shipped leaking or corroding?
b. Use additional sheet to describe containers and condition.
c. Is there evidence of heat generation from incompatible
wastes in the containers?
3. Does generator follow DOT labeling requirements in accordance
with 49 CFR 172? (§262.31)
4. Does generator mark each package in accordance with 49 CFR 172?
(§262.32)
5. Is each container of 110 gallons or less marked with the following
label? (§262.32)
Label saying: HAZARDOUS WASTE - Federal Law Prohibits
Improper Disposal. If found, contact the nearest police or public
safety authority or the U.S. Environmental Protection Agency.
Generator name(s) and address(es)
Manifest document No.
6. Does generator have placards to offer to transporters? (§262.33)
TV-35 ¦
FOR USE BY EPA INSPECTION f'F.RSONNRL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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Generators Checklist
OSWER Dir. No. 9938.02(b)
7. Accumulation time (§262.34) Yes No
a. Are containers used to temporarily store waste before
transport?
1. If yes, is each container clearly dated: Also, fill out
rest of No. 7 (accum. time) (§262.34(a)(2))
b. 1. Does generator inspect containers for leakage or
. corrosions? (§265.174 - Inspections)
2. If yes, with what frequency?
c. Does generator locate containers holding ignitable or
reactive waiste at least 15 meters (50 Feet) from the
facility's property line? (§265.176 - Special Requirements
for Ignitable or Reactive Wastes)
NOTE: If tanks are used, fill out checklist for tanks. (See RCRA ,
Hazardous Waste Tank Systems Inspection Manual. .
OSWER Dir. No. 9938.4)
d. Are the containers labeled and marked in accordance with
Sections D-3, -4, and -5 of this form?
NOTE: If generator accumulates waste on site, fill out checklist for
General Facilities, Subparts C and D.
c. Does generator comply with requirements for personnel
training? (Attach checklist for §265.16 - Personnel
Training.)
8. Describe storage area. Use photos and narrative explanation sheet.
Section E - Recordkeeping and Records (40 CFR 262.40)
1. Does generator keep the following reports for 3 years?
a. Manifest or signed copies from designated facilities
b. Biennial reports
c. Exception reports _
d. Test results _
2. Where are the records kept (at facility or elsewhere)? _
3. Who is in charge of keeping the records?
Name ; Title
TV-36
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s)'contained herein.
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Generators Checklist
OSWER Dir. No. 9938.02(b)
Section F - Special Conditions
1. Has the primary exporter received from or transported to a foreign Yes No
source any hazardous waste? ^
a. If yes, has he filed a notice with the Regional
Administrator? (§262.53)
b. Is this waste manifested and signed by a foreign consignee?
(§262.54) _
c. If generator transported wastes out of the country, has he
received confirmation of delivered shipment?
(§262.54)
IV 37
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is.intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Ground-Water Monitoring Checklist
OSWER Dir. No. 9938.02(b)
6. Ground-Water Monitoring Checklist
Section A - Monitoring System (40 CFR Parts 264/5 Subpart Ft Yes No
1. Does the facility have a ground-water, monitoring system in
operation? (§265.90)
a. If yes, does the system consist of: (§265.91)
1. Minimally one upgradient monitoring well?
(Part 265)
2. Minimally three downgradient monitoring wells?
(Part 265)
b. Are monitoring wells cased so that the integrity of the
boreholes is maintained? (§265.91)
c. Is a compliance monitoring system installed whenever
hazardous waste constituents are detected at the
compliance point ? (§264.92)
d. Is a corrective-action program initiated whenever the
ground-water protection standard is exceeded?
(§264.100(c)) _
e. Is a detection monitoring program instituted in all other
cases? (§264.98) _
2. Does the facility have a monitoring and response program?
(Part 264) _
a. If yes, is a compliance monitoring system instituted
whenever hazardous constituents are detected at the
compliance point? (§264.99)
b. Whenever the ground-water protection standard is
exceeded, does facility institute a correctivc-action
program? (§264.99)
c. In all other cases, does the facility institute a detection
monitoring program? (§264.991
Section B - Sampling and Analysis (40 CFR 265.92)
1. Does the facility obtain and analyze samples from the ground-
water monitoring system? (§265.92(a))
2. Has facility developed and followed a ground-water sampling and
analysis plan? (§265.92(a)) _
IV-38
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory.requireinents are in any way altered by any statements) contained herein:—
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Ground-Water Monitoring Checklist
OSWER Dir. No. 9938.02(b)
a. If yes. does this plan include procedures and techniques for: Yes No
(§265.92(a))
1. Sample collection? —
2. Sample preservation?
3. Analytical Procedures?
4. Chain-of-custody control?
b. Does the facility determine the concentration or value of
the following parameters in ground-water samples?
(§265.92(b))
1. Parameters characterizing the suitability of the
ground water as a drinking water supply, as
specified in Part 265, Appendix 3?
2. Parameters establishing ground-water quality
(chloride, iron, manganese, phenols, sodium,
sulfate)?
3. Parameters used as indicators of ground-water
contamination (pH, specific conductance, total
organic carbon, total organic halogen)?
c. Has the owner/operator established initial background
concentrations or values of all parameters specified above
at least on a quarterly basis? (§265.92) (c))
d. Has owner/operator obtained at least four replicate
measurements for each sample, and has he determined the
initial background arithmetic mean and variance?
(§265.92(c)) _
e. After the first year, does owner/operator sample and
analyze with the following frequencies: (§265.92(d))
1. Samples collected to establish background water
quality (from above) at least annually? _
2. Samples collected to indicate contamination (from
above) at least semi-annually?
3. Elevation of ground-water surface at each
monitoring well at each sampling event?
Section C - Preparation. Evaluation, and Response (40 CFR 265.93)
1. Did owner/operator prepare an outline of a ground-water quality
assessment program? (§265.93(a)) _
a. If yes, did program determine the following:
(§265.93(a))
IV-39
FOR USE BY EPA INSPECTION PERSONNEL ONLY?; This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any stateinent(s) contained herein.
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Ground-Water Monitoring Checklist
OSWER Dir. No. 9938.02(b)
1. Whether hazardous waste or hazardous waste Yes No
constituents have entered the ground water?
2. Rate and extent of hazardous waste or hazardous
waste constituent migration in groundwater? ¦
3. Concentrations of hazardous waste or hazardous
waste constituents in ground water?
b. For each well, has owner/operator calculated the arithmetic
mean and variance, based on four replicate measurements
for each sample, and compared the results with initial
background mean? (§265.93(b))
c. Has owner/operator submitted information documenting
any significant increase in comparisons for upgradient
wells (or decrease in pH)? (§Z65.93(c))
d. If the comparisons for downgradient wells show a
significant increase (or pH decrease), has the
owner/operator obtained additional ground-water samples
from those downgradient wells in which a significant
decrease was detected? (Samples must be split in two, and .
analyses must be obtained of all additional samples to
determine whether the significant difference was a result of
lab error.) (§265.93(c))
1. If analyses (described above) were performed, and
confirmed the significant increase (or pH decrease),
did owner/operator notify the Regional
Administrator within 7 days?
2. If analyses confirmed significant increase (or pH
decrease),- did owner/operator submit to the
Regional Administrator within 15 days after
notification (discussed above) a certified ground-
water quality assessment program?
(§265.93(d))
a. If yes, does plan include the following:
1. Number, location, and depth of
wells?
2. Sampling and analytical methods for
those hazardous wastes and
hazardous waste constituents at the
facility?
3. Evaluation procedures, including
any use of previously gathered
ground-water quality information?
4. Schedule of implementation?
3. Did owner/operator implement the ground-water
quality-assessment program and, at a minimum,
did he determine the following: (§265.93(d)(4))
IV-40
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements)-contained herein.
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Ground-Water Monitoring Checklist OSWER Dir. No. 9938.02(b)
a. Rate and extent or migration of the
hazardous waste constituents in the ground
water?
b. Concentrations of the hazardous waste in
the ground water?
4. Did owner/operator submit a report to the Regional
Administrator containing the requests of the
assessment outlined in No. 3 above within 15 days?
(§265.93(d)(5))
5. Did owner/operator notify the Regional
Administrator of reinstatement of indicator
evaluation program upon finding that no hazardous
waste or hazardous waste constituents had entered
the ground water? (§265.93(d)(6))
6. If owner/operator determined that hazardous waste
or hazardous waste constituents entered the ground
water, did he either continue to make the
determinations listed in No. 3 above on a quarterly
basis until final closure or ground-water quality-
assessment plan was implemented prior to post-
closure care, or cease to make determinations
required in No. 3 above if ground-water quality-
assessment plan was implemented during post-
closure? (§265.93(d) (7))
7. If any ground-water quality-assessment program is
implemented^ satisfy No. 3 above prior to final
closure, has owner/operator completed the program
and reported to the Regional Administrator, as
outlined in No. 4 above? (§265.93(e))
8. If owner/operator does not monitor at least annually
to satisfy No. 3 above, does owner/operator evaluate
data on ground-water elevation obtained under No.
2e in Section B above to determine whether the
requirements for location monitoring wells are
satisfied? (§265.93(0)
a. If evaluation shows that the requirements
for monitoring wells are not satisfied, has
owner/operator modified the number
location, or depth of the mbnitoring wells to
bring the system into compliance?
Yes No
AMI
KOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
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Ground Water Monitoring Checklist
OSWER Dir. No. 9938.02(b)
Section D - Recordkeeping and Reporting f40 CFR 265.94) Yes No
1. Unless owner/operator is monitoring to satisfy the requirements of
§265.93(d)(4), does owner/operator: (§265.94(a))
a. Keep records of the analyses required in §265.92(c) and (d),
the associated ground-water surface elevations required in
§265.92(e), and ground-water surface elevations required in
265.93(b) throughout the active life of the facility and
throughout post-closure?
b. Report the following information to the Regional
Administrator: (§265.94(a) (2))
1. Within 15 days of analysis for each quarterly
sampling event, does owner/operator submit results
of background concentrations?
2. Does owner/operator inform the Regional
Administrator about any parameters that exceed
maximum contaminant levels listed in
Appendix III? - _
3. (Annually) Does owner/operator report
concentrations or values of parameters listed in
§265.92(b)(3) for each well, including required
evaluations for these parameters under §265.93(b)?
a. Docs owner/operator also identify
differences from initial background
concentrations found in the upgradient
wells no later than March 1 following each
calendar year? _
2. Does owner/operator submit results of the ground-water surface
elevations under §265.93(0. along with a description of the
response, if needed? (§265.94 (a) (2))
3. If ground water is monitored to satisfy requirements of
§265.93(d)(4), did owner/operator do the following:
(§265.94(b))
a. Keep records of analyses and evaluations specified in the
plan throughout active life and post-closure?
b. (Annually, until final closure) Submit to the Regional
Administrator a report containing the results of the
ground-water quality assessment program, including the
calculated rate of migration of hazardous waste or
hazardous waste constituents by March 1 following each
calendar year?
IV-42
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance; No statutory or
regulatoryrequiroments arein any way altered by any statement(s) contained herein.
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Ground-Water Monitoring Checklist
OSWER Dir. No. 9938.02(b)
Section E - General Requirements Yes
1. Does facility comply with the following requirements?
(§264.97)
a. Are sufficient wells installed at appropriate locations and
depths?
b. Have sampling and analysis techniques been consistent?
c. Have ground-water elevation data been recorded?
d. Have background concentrations been determined?
2. If ground water is monitored to satisfy requirements of §265.93(d)
(4), owner/operator must:
a. Keep records of the analyses and evaluations specified in
the plan throughout the facility's active life, and, for
disposal facilities, throughout post-closure.
b. Report the following ground-water monitoring information:
1. During the first year when initial background
concentrations arc being determined, did
owner/operator submit values within IS days after
completing analysis?
2. If yes, did owner/operator also submit an
identification of any parameters whose
concentrations exceed maximum levels in Appendix
HI? _
3. (Annually) Did owner/operator report
concentrations or values of the parameters listed in
§265.93(b)(2) for each well, along with required
evaluations for these parameters under §265.93(b)?
.4. Did owner/operator also separately identify any
significant differences from initial background
concentrations for upgradient wells?
5. Did owner/operator report on the results of ground-
water surface elevations (and a description of the
results if necessary) by March 1 of the following
year?
Section F - Detection Monitoring Program (40 CFR 264.98V
1. Has owner/operator established detection monitoring system to
provide reliable indications for detection releases?
a. If yes, are the following components included in. the system:
IV 43
FOR USE BY EPA INSPECTION PERSONNEL ONl.Y: This manual is intended solely for guidance. No statutory or
regulatory requirements are in.any way altered by any statement(s)'contained Herein.
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Ground Water Monitoring Checklist
OSWER Dir. No. 9938.02(b)
Yes No
1. Background values?
2. Determination of ground-water flow rate?
3. Determination of ground-water compliance point
semiannually?
4. Determination of statistically significant increases
over background concentrations?
5. Notification to the Regional Administrator if there
was a statistically significant increase?
Section G - Compliance Monitoring Program (40 CFR 264.99)
1. Does facility operate a compliance monitoring program?
a. Does facility determine concentrations of hazardous
constituents at least quarterly?
b. Does facility determine ground-water flow rate and
direction in uppermost aquifer annually? (§264.99(e))
c. Ddes facility analyze samples for Appendix IX constituents
annually? (§264.99(g))
d. Does facility make statistically significant increases over
background values? (§264.99(hj)
e. If there is an increase, does facility notify the Regional
Administrator and establish a corrective-action program?
(§264.99(h))
Section H - Corrective -Action Program f40 CFR 264.100V
1. Does facility follow a corrective-action program that meets the
facility's permit requirements?
* See RCRA Ground-Water Monitoring Systems (OSWER Directive Nos.
9950.2,9950.3.9950.4)
... IV-44
FOR USE BY EPA INSPECTION PERSONNEL ONI.Y. This manual is intended solely for guidance.
regulatory requirements are in any way altered by any statements) contained herein.
No statutory or
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Health & Safety Checklist
OSWER Dir. No. 9938.02(b)
7. Health & Safety Checklist
A. FACILITY NAME
EPA ID NO.
B. FACILITY ADDRESS
C. FACILITY OPERATOR INFORMATION
1. Contact. Name
3. Address (if different, from facility)
2. Phone No.
D. PROCESS UNIT DESCRIPTION (describe type and number of units)
E. TYPE OF OWNERSHIP ~
1. Federal 2. State 3. County 4. Municipal 5. Private
F. TYPE OF FACILITY
1. Treatment
2. Storage
.3. Disposal
G. REGULATORY STATUS
1. Interim Status
2. Permitted Facility
_3. Part B Permit Appeal Pending (note areas
of appeal)
H. PRINCIPAL INSPECTOR
1. Name
2. Title
3. Organization
4. Telephone No.
Organization Phone No.
I. INSPECTION PARTICIPANTS
Name
1.
2.
3.
4.
5.
NOTE: All inspection participants must have current training certification in
accordance with 29 CFR 1910.120.
IV 45
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements arc in any way altered by any statements) contained herein;
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Health & Safety Checklist
OSWER Dir. No. 9938.02(b)
Regulatory
Citation/Description
§§264/265.16(a)(1)
Outline of Personnel
Training Program
RCRA Checklist Item
Is there an outline of the introductory
training program to prepare personnel to
operate or maintain the facility in a safe
manner? (Attach copy of outline or
summarize below.)
Yes
No
Potential
Violation
Is there an outline of the review training
program to prepare personnel to operate or
maintain the facility in a safe manner?
(Attach copy of outline or summarize
below.)
Does the outline describe how the training
will be designed to meet actual job tasks?
Is on-the-job training used to meet this
requirement?
§§264/265.16(d)(1)
§§264/265.16(d)(2)
Job Title/Job
Description
§§264/265.16(c) and
(d)(3)
Training Content,
Frequency, and
Techniques
Is a job title provided for each employee
whose position at the facility is related to
hazardous waste management?
Is a job description provided for each
employee whose position at the facility is
related to hazardous waste management?
Is the personnel training program strictly
classroom instruction?
IV-46
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
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Health & Safety Checklist
Regulatory RCRA Checklist Item
Citation/Description
OSWER Dir. No. 9938.02(b)
Yes No Potential
Violation
Is the personnel training program strictly
on-the-job training?
Does the training program combine
classroom instruction and on-the-job
training?
Is an annual refresher course required for
personnel whose positions at the facility
are related to hazardous waste
management?
§§264/265.16(a)(2) Is the training program directed by a
Training Director person trained in hazardous waste
management? (Summarize qualifications
below.)
§§264/265.16(a)(2) Are facility personnel instructed in
Relevance of Training hazardous waste management procedures
to Job Position (including contingency plan
implementation) relevant to their
positions?
§§264/265.16(a)(3) Does the training program include the
Training and following emergency response procedures?
Emergency Response
• Procedures for using, inspecting,
repairing, and replacing facility
emergency and monitoring
equipment?
IV-47
FOR USE BY EPA. INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Health & Safety Checklist
OSWER Dir. No. 9938.02(b)
Regulator
Citation/Description
RCRA Checklist Item
Yes No Poteiitial
Violation
§§264/265.16(b). (d) (4)
and (3)
Implementation of
Training Program
• Key parameters for automatic
waste feed cut-off systems?
• Procedures for utilizing
communications or alarm systems?
• Directions for responding to fires or
explosions?
• Procedures for groundwater
contamination response?
• Procedures for conducting
shutdown operations?
Are all facility personnel trained within six
months of their employment or assignment
to the facility or transfer to a new position?
Are facility personnel allowed to work
unsupervised before their training
program has been completed?
Are records maintained which document
that the required training has been given
to and completed by facility personnel?
(Summarize below.)
§§264/265.33
Testing and
Maintenance of
Equipment
Does the owner/operator test and maintain
(as necessary to assure its proper operation
in time of emergency) the following
equipment:
• All communications or alarm
systems?
• Fire protection equipment?
• Spill control equipment?
• Decontamination equipment?
IV-48
FOR USE BY EPA INSPECTION PERSONNEL ONLY.' Thismanual is intended .solely for guidance. No statutory or
regulatory requirements are in any way altered; by any statements) contained herein.
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Health & Safety Checklist
OSWER Dir. No. 9938.02(b)
Regulatory RCRA Checklist Item Yes No Potential
Citation/Description Violation
§§264/265.15 Does the owner/operator maintain a
Genera] Inspection written schedule at the facility for the
Requirements inspection of:
• Monitoring equipment?
• Safety and emergency equipment?
• Security devices?
• Operating and structural
equipment? ;
Does the schedule identify the types of
problems to look for?
Is the frequency of inspection based on the
possible deterioration of equipment and the
probability of incident?
Are areas subject to spills, such as loading
and unloading areas, inspected daily?
Does the owner/operator maintain an -
inspection log?
If yes. does the log include:
• Date and time of inspection?
• Name of inspector?
Notations of observations?
Date and nature of repairs or
remedial actions?
Have any malfunctions or other problems
not been remedied? (Summarize below.)
IV 49
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Health & Safety Checklist
OSWER Dir. No. 9938.02(b)
Regulatory RCRA Checklist Item Yes No Potential
Citation/Description Violation
§§264/265.35 Does the facility maintain aisle space to
Required Aisle Space allow unobstructed movement of personnel,
fire protection equipment, spill control
equipment, and decontamination
equipment?
If aisle space is not maintained, has the
owner/operator demonstrated to the
Regional Administrator that the space is
not needed?
§§264/265.32 Is the facility equipped with the following:
Equipment
Requirements • An internal communications or
alarm system capable of providing
immediate emergency instruction
(voice or signal) to facility
personnel?
• A device such as a telephone
(immediately available) or
handheld two-way radio capable of
summoning emergency assistance
from police, fire, or state or local
emergency response teams?
Portable fire extinguishers?
Fire control equipment (including
special extinguishing equipment
such as foam, inert gas, or dry
chemical)?
Spill control equipment?
Decontamination equipment?
Water at adequate volume and
pressure to supply water hose
streams, or foam producing
equipment, or automatic
sprinklers, or water spray systems?
IV 50
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) -contained herein.
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Health & Safety Checklist
OSWER Dir. No. 9938.02(b)
Regulatory RCRA Checklist Item Yes No Potential
Citation/Description Violation
§§264/265.17(a) and (b) Does the facility handle ignitable or
Requirements for reactive waste? —
Ignitable, Reactive, or
Incompatible Wastes If yes:
Does the owner/operator take the following
precautions to prevent accidental ignition
or reaction of wastes?
• Separate and protect ignitable or
reactive wastes from sources of
ignition or reaction (open flames,
smoking, cutting, welding, hot
surfaces, frictional heat, static
electrical or mechanical sparks,
spontaneous ignition, and radiant
heat)? ¦
• . Does the owner/operator confine
smoking and open flames to
specially designated locations,
while ignitable or reactive waste is
being handled?
• Are "No Smoking" signs placed
conspicuously wherever there is a
hazard from ignitable or reactive
waste?
Does the owner/operator have procedures
in place to prevent accidental ignition or
reaction of wastes? (Summarize below.)
§§264/265.50 through Does the owner/operator have a
§265.56 Contingency Plan, or a Spill Prevention
Contingency Plan Control and Counter measures (SPCC)
Plan, or some other emergency plan, that
is amended for hazardous waste
management?
IV-51
FOR USB BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements am In any way altered by any statement(s) contained herein.
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Health & Safety Checklist
OSWER Dir. No. 9938.02(b)
Regulator RCRA Checklist Item Yes No Potential
Citation/Description Violation
Is a copy maintained at the facility?
Has a copy been submitted to all local
police and fire departments, hospitals, .and
State and local emergency response teams?
Does the plan describe the control
procedures taken in the event of a fire,
explosion, or release?
Does the plan describe how and when it
will be implemented?
Does the plan describe arrangements
agreed to by local police and fire
departments, hospitals, contractors, and
State and local emergency response teams
to coordinate emergency services? _ j
Does the plan list names, addresses, and
phone numbers (office and home) of all
persons qualified to act as emergency
coordinators?:
is one person named as the primary
coordinator?
Does the coordinator have the authority to
commit the resources to carry out the
emergency plan?
Does the plan physically describe and
identify the location of all emergency
equipment at the facility?
Does the plan include provisions to ensure
that the equipment is cleaned and fit for its
intended use before operations are
resumed?
Does the plan include an evacuation plan
for facility personnel?
IV 52
FOR USE BY EPA INSPECTION PERSONN EI. ONLY. This manual is Intended solelyfor guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.-'
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Health & Safety Checklist
OSWER Dir. No. 9938.02(b)
Regulatory RCRA Checklist Item Yes No Potential
Citation/Description Violation
Does the plan describe:
• Signal (s) to be used to begin
evacuation?
• Evacuation routes?
Does the plan describe the methodology for
immediate notification of:
• Facility personnel?
State or local agencies with
designated response roles?
Does the plan include procedures for
identification of released materials?
Does the plan include procedures/criteria
to assess possible hazards to human health
and the environment that may result from
the release, fire, or explosion?
Does the plan describe all reasonable
measures necessary to ensure that fires,
explosions, or releases do not occur,
reoccur, or spread to other hazardous
waste at the facility?
Does the plan describe procedures to
monitor for leaks, pressure buildup, gas
generation, or ruptures in valves, pipes, or
other equipment if the facility stops
operation in response to a fire, explosion,
or release?
IV-53
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Health & Safety Checklist
OSWER Dir. No. 9938.02(b)
Regulatory
Citation/Description
§§264/265.37
Necessary Agreements
with Local Authorities
RCRA Checklist Item Yes
Has the owner/operator made the following
arrangements:
• Familiarized police, fire
departments, and emergency
response teams with the layout of
the facility and associated hazards?
• Designated one police and fire
department with primary
emergency authority when more
than one might respond?
• Agreements with State emergency
response teams, contracts, and
equipment supplies?
• Familiarized local hospitals with
the properties of waste handled at
the facility and the types of injuries
or illness that could result?
Where authorities decline to enter
into such arrangements, has the
owner/operator documented the
refusal?
No
Potential
Violation
Subpart I - Containers
§§264/265.173(a),(b)
Management of
Containers
§§264/265.177
Special Requirements
for Incompatible
Wastes
Are containers holding hazardous waste
closed during storage, except when waste
is added or removed? (If no, attach
narrative.)
Check here if containers are present at the
facility. If no, go to Subpart J.
Does the facility have procedures to ensure
that containers holding hazardous waste
are not opened, handled, or stored in a
manner that may rupture the container or
cause it to leak?
Does the facility have procedures to ensure
that incompatible wastes are not placed in
the same containers or in unwashed
containers that previously held
incompatible waste?
IV 54
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements arc in any way altered by any statements) contained herein.
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Health & Safety Checklist OSWER Dir. No. 9938.02(b)
Regulatory
Citation/Description
Subpart J - Tanks
§§264/265.198(a) (1 and
2)
Special Requirements
for Ignltable or
Reactive Wastes
RCRA Checklist Item Yes
Are storage containers holding a hazardous
waste that is incompatible with waste or
other materials stored in nearby
containers, piles, open tanks, or surface
impoundments, separated from the other
materials or protected from them by means
of a dike, berm. wall, or other device?
Are ignitable or reactive wastes treated,
rendered, or mixed before or immediately
after placement in the tank so that:
• The resulting mixture no longer
meets the definition of an ignitable
or reactive waste?
No
Potential
Violation
• Section 264.17(b) is complied with?
Are wastes stored or treated in such a way
that they are protected from any material
or conditions that may cause the wastes to
react or ignite?
Note: Facilities do not need to comply with
the above if the tank system is used for
emergency purpose only.
§§264/265.199(b)
Incompatible Wastes
Before a hazardous waste is stored in a
tank that previously held an incompatible
waste or material, is it thoroughly
decontaminated?
§265.200(a)(b)
Waste Analysis
(Specific requirement
for interim status
facilities)
Is a waste analysis or trial treatment
conducted whenever a lank system is used
to store a hazardous waste substantially
different from waste previously treated or
stored; or used to treat chemically a
hazardous waste with a substantially
different process than any previously used
in that, system?
IV-55
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended so|ely for guidance. No statutory or
regulatory requirements arc in any way altered by any statements) contained herein:
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Health & Safety Checklist
OSWER Dir. No. 9938.02(b)
Regulatory RCRA Checklist Item
Citation/Description
If no to §265.200(a):
Has written, documented information on
similar waste under similar operating
conditions been obtained to show that the
proposed treatment or storage will meet
the requirements of §265.194(a)?
Is the complete incinerator and associated
equipment (pumps, valves, etc.) inspected
daily for leaks, spills, and fugitive
emissions?
§264.347(c) Are emergency waste cut-off systems and
(Not applicable to associated alarms tested weekly?
interim status
facilities)
§264.345(d) Is the incinerator combustion zone sealed?
(Not applicable to
interim status If this is a rotary kiln incinerator, is there
facilities) black smoke or evidence of emissions?
Is the combustion zone pressure lower than
atmospheric pressure? If no, what is the
reading? (Explain below.)
Yes No Potential
Violation
Subpart O -
Incinerators
§§264/265.347(b)
Monitoring and
Inspections
If the pressure is not measured in the
combustion zone, what alternative methods
are used equivalent to maintenance of
combustion zone pressure? (Explain
below.)
IV 56
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by arty statements) contained herein:'
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Health & Safely Checklist
OSWER Dir. No. 9938.02(b)
Regulatory
Citation/Description
§264.345(e)
Operating
Requirements
(Not applicable to
interim status
facilities)
Part 264/265
Unplanned Incinerator
Stack Emissions
RCRA Checklist Item Yes
No
Potential
Violation
Determine whether there is a functioning
system to automatically cut off waste feed
to the incinerator when operating
conditions deviate from the permitted
levels? (Optional: Facilities can simulate
operating conditions to trigger the shut-off
...inspector should observe actual shut-off)
How many times did the emergency bypass
stack open during the past 6 months of
operation? . Times
How long did it last each time in average? Minutes
How many times was the automatic waste
feed cut-off system activated during the
past 30 days of operation? Times
Due to CO excursion? Times
Due to Temperature excursions? .Times
Due to Waste feed excursions? Times
Other causes? Times
IV-57
T'OR USE-BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Incinerator Checklist
OSWER Dir. No. 9938.02(b)
8. Incinerator Checklist
I. Background
The attached set of forms identify activities appropriate for compliance inspection of RCRA
incinerators. The set of checklists includes:
• Checklist. No. 1 - Permit and Operating Conditions
• Checklist No. 2 - Visual Assessment and Audit Activities for an "In-Depth"
Inspection
• Checklist No. 3 - Visual Assessment and Audit Activities for a "Walk-Through"
Inspection
The checklists are designed to be used for two types of inspection -- a "walk-through"
inspection requiring about 3 to 4 hours and an "in-depth" inspection requiring 1 to 5 days. The
following usage of checklists is suggested:
"Walk-through" Inspection "In-depth" Inspection
Checklist No. 1 Checklist No. 1
Checklist No. 3 Checklist No. 2
11- Notes on Individual Checklists
• Checklist No. 1 is based on EPA guidance (June 1988 draft of "Guidance on Trial
Burn Reporting and Setting Permit Conditions"). Blanks are included for additional
parameters. Multiple sets of Checklist No. 1 may be used to evaluate operations at
various selected times during a multi-day "in-depth" inspection or to evaluate past
operations at selected times using facility records. All calculations must be
documented in extra calculation pages. Note in the checklist the page numbers of
the documented calculations.
• Checklist No. 2 is for "in-depth" inspections only. Part I is highly subjective, relying
on judgment. Part II includes activities that may require scheduling to avoid
interferences with facility operations (e.g., testing of automatic waste feed cutoff)
and arranged meetings with facility managers and laboratory staff.
• Checklist No. 3 includes visual assessment and audit items of highest priority from
Checklist No. 2. This checklist, is intended for "walk-through" inspections only.
Activities may require scheduling to avoid interference with facility operations.
IV-58
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Incinerator Checklist
OSWER Dir. No. 9938.02(b)
III. General Instructions
Fill in permit conditions in advance: label units correctly.
Before conducting an inspection, review the most recent plant inspection report.
Use calculation sheets if observed values must be converted to the units of the
permitted values.
Note ranges of values if significant fluctuations are noted during the observation
period.
Use extra pages as necessary.
Fill out all information as it is collected; do not depend on your memory. If
information is not available, indicate that on the form.
Document the sources of all information, especially if it pertains to potential permit
violations. For example, did someone tell you something, did you personally observe
it, or did you read it in a file?
IV-59
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein. ,
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Incinerator Checklist
OSWER Dir. No. 9938.02(b)
RCRA INCINERATOR INSPECTION
Checklist No. 1 -- Permit and Operating Conditions
I. Essential Information
EPA ID No.
Facility Staff Involved (and
position):
Primary Contact
Phone No.
Names of Inspectors
- (and offices)
Dates of Visit
Time of Arrival '
Incinerator(s) Inspected
Facility
Address
Permit Identification and Date of Issue
(Date of most recent modification)
Operational Status of Incinerators) _
Date of Last Inspection
(by State)
(by EPA)-
Pending Enforcement Action(s)
Previous Violations)
Checklists Attached: No. 1 (number of sets ___)
No. 2
No. 3
(Attach additional pages if necessary)
IV 60
FOR USE BY EPA INSPECTION PERSONN EL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Incinerator Checklist OSWER Dir. No. 9938.02(b)
(Checklist No. 1)
Description of incineration system (a block diagram showing the types and arrangement of
equipment is recommended).
IV 61
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained Herein.
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Incinerator Checklist
OSWER Dir. No. 9938.02(b)
(Checklist No. 1)
II. Comparison of Permit and Operating Conditions
Date . ;
Time Readings Began
Time Readings Ended
Permitted Permitted Observed Calculated
Maximum Minimum Reading(s) Value
A. Permit Operating Parameters (units) (units) (units)
.Jj. Temperature measured at each
combustion chamber exit
a. Primary ¦ NA
h. NA
c. Secondary NA
! without flame
^with flame
2. ŁQ emissions measured at the stack .
or other appropriate location
(Location: ; )
Yes No
Does CO monitor automatically correct all readings to 7%
O2 based on actual O2 stack concentration?
Does permit require O2 correction? —
Does permit specify the correction factor to be used? —— —
If so, list it:
Date correction factor last determined: .
Describe any changes made in O2 correction factor
Permit-specified frequency for verifying O2 correction
factor:
If a 60-minute rolling average is required, does the
observed reading reflect a 60-minute rolling average?
Applicable?
If no, attach data and calculate the average
Total Hydrocarbons as methane:
3. O2 emissions (location):
: (
4. Flue gas flow rate or velocity
measured at stack
IV-62
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements arc in any way altered by any statements) contained herein.
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Incinerator Checklist
OSWER Dir. No. 9938.02(b)
(Checklist No. 1)
Permitted Permitted Observed
Maximum Minimum Reading(s) Calculated
Permit Operating Parameters (units) . (units) (units) Value
5. Feed rate of each waste stream to each combustion chamber.
Yes No
Containerized waste feeds covered under item 10?
Chamber Waste Stream
(Name or identifier)
f.
6. Pressure in primary chamber:
7. Air pollution control:
a. ratio of the steam flow to the NA
hydrosonic scrubber
(pounds/hr) to stack gas flow
rate (ACFM)
b. pH of liquid to the packed
tower
c. pH of liquid to hydrosonic
scrubber
. d. conductivity of the scrubber
liquor blow down
e. liquid flowrate to the packed
tower
f. liquid flowrate to the "
hydrosonic scrubber
g. inlet temperature to the
packed tower
1V-63
r-OR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements ifrc in any way altered by any statements) contained herein.
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Incinerator Checklist OSWER Dir. No. 9938.02(b)
(Checklist No. 1 - Cont'd)
8. Liquid injection burner settings:
Chamber
Burner No.
Permitted
Maximum Burner
Feed Rate/
Turndown Ratio
Observed
Burner Flow
Rate
Nominal
Burner Flow
Rate
Calculated
Burner
Turndown
Permitted
Minimum
Atomization
Fluid Pressure
Observed
Atomization
Fluid Pressure
a.
}
-
b.
8. Containerized waste feed system limiations:
Chamber Feed Rate
NONE
Permitted
Container Type
and Size
Observed Container
Type and Size
c.
d.
FOR USE BY EPA INSPECTION PERSONNEL ONLY.
IV-64
This manual is intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statement^) contained herein.
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Incinerator Checklist
OSWER Dir. No. 9938.02(b)
(Checklist No. 1 - Cont'd)
Permitted Permitted Observed
Maximum Minimum Reading(s) Calculated
Permit Operating Parameters (units) (units) (units) . Value
10. Additional permit conditions
Monitor the following process parameters in addition to those previously mentioned:
a. quench water flow - -
b. flue gas flow rate
c. oxygen flow rate .
_ iy-65
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutory or
regulatory requirements are in any way allured by any statements) contained herein.
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Incinerator Checklist
OSWER Dir. No. 9938.02(b)
B.
1.
(a)
(Checklist No. 1 - Cont'd)
Characteristics of wastes and fuels fed during the observation period:
Organics and physical characaterization
Organic constit-
uents (limitations,
compounds, etc.)
Combined waste
stream limitations
in permit
Ash
( )
Chlorine
( )
Viscosity
Heating
Value
(Btu/lb)
Specific
Gravity
Other
( )
(b) Limitations to permit for individual waste streams:
(1)
Chamber
Waste
Stream
(c) Analysis
characteristics of
combined wastes
teram
Organic constit- Ash Chlorine
uents (limitations, ( ) ( )
compounds, etc.)
Vi;
^cosity
Heating
Value
(Btu/lb)
Specific
Gravity
Other
( )
(d) Characterization of
waste streams fed (Range of Dates of Analysis )
during inspection:
Chamber Waste
Stream
(1)
FOR USE BY EPA INSPECTION PERSONNEL ONLY.
IV-66
This manual is intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statements) contained herein.
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Incinerator Checklist
OSWER Dir. No. 9938.02(b)
(Checklist No. 1 - Cont'd)
Metals
Ni
Metals (ppm)
"Carcinogenic"
"Noncarcinogenic
As
Cd
Cr
Be
Sb Ba Pb Hg Ag
T1
(a) Combined waste stream
limitations in permit
(b) Limitations in permit for
individual waste streams:
Chamber Waste Stream
(1)
(a) Analysis characteristics of
combined waste streams
(b) Characterization of waste
streams fed during inspection:
Chamber Waste Stream
(1)
FOR USE BY EPA INSPECTION PERSONNEL ONLY.
IV-67
This manual Is intended solely for guidance. No statutory or regulatory requirements are In any way altered by any
statements) contained herein.
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Incinerator Checklist
OSWER Dir. No. 9938.02(b)
(Checklist No. 1 - Cont'd)
3. Auxiliary fuel and total heat input:
Auxiliary Fuel Chamber Observed Flow Heating Value Heat Input From Fuel
a. Type of Fuel Rate (units) ; (units) (units)
Total Heat Input (units)
b.
Permited Total heat input
Observed fuel heat input .
Observed waste heat input
Observed total heat input
FOR USE BY EPA INSPECTION PERSONNEL ONLY.
IV-68
This manual is intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statements) contained herein.
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Incinerator Checklist
OSWER Dir. No. 9938.02(b)
Checklist No. 2 -- Visual Assessment and Audit Activities
for an "In-Depth" Inspection
A. Observation of Equipment/Function [1. etc. = Problem note (see below)]
Leaks/ Structural Proper Safe
Emissions Seals Integrity Function Issue
-- Waste unloading
- Waste storage/blending
-- Waste handling/piping
-- Waste feed/fuel systems
- Combustion .
chambers/burners
- Kiln drive system
-- Combustion air fans . '
-- Pollution control devices . _
• Packed Tower Absorber
• Hydrosonic Scrubber
- Emergency vent stack
(dump stack)
-- Process instrumentation .
- Ash handling system ; '
- Scrubber effluent -
handling
Notes
1.
IV-69
KOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance.
regulatory requirements are in any way altered by any statements) contained herein.
No statutory or
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Incinerator Checklist
OSWER Dir. No. 9938.02(b)
(Checklist No. 2 - Cont'd)
B. Observed Operations [Give brief description of problem, or reference a Note below (1,2,
etc.)l
Status/Comments
— Records of permit parameters (complete, accessible)
-- Proper identification of date, time, and units on strip
charts
- Records of waste acceptance
- handling
- characterization
— Log of inspections
- calibrations
• maintenance
- Subjective evaluation of operators
-- Staff knowledge of emergency procedures
contingencies
— Handling/fate of residuals
Primary chamber ash
Scrubber effluent ( )
Scrubber effluent {_ )
Appearance of stack emissions
Notes
1.
IV-70
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory: requirements are in any way altered by any.statement(s) contained herein.
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Incinerator Checklist
(Checklist No. 2
C. , General Quality of Operation
Odors
- Housekeeping
• Storage areas
• Waste feed areas
• Control room
• General facility
• Laboratory
OSWER Dir. No. 9938.02(b)
Cont'd)
Comments
TV-.71
FOR USE BY EPA INSPECTION PERSONNEL ON1.Y. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^ contained herein.
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Incinerator Checklist
OSWER Dir. No. 9938.02(b)
II.
(Checklist No. 2 - Cont'd)
In-Depth Audits and Documentation Review
A. Audits of Equipment Functions
1. Continuous Emission Monitorings
Observe a calibration check by facility staff o each CEM required in the permit.
Parameter
Instrument
Extractive or Frequency of
in situ Calibration
Manufacturer . Model No.
Manual or
Automatic
Calibration
Calibration
Reference
Material
CO
02,
THC
NO*
Calibration
Parameter Date/Time of
Observation
CO
Oz
THC
NOx
"Zero"
Instrument Reading
Std. Std. Std.
No. 1 No. 2 No. 3
Correction
Certified Concentration
of Reference Materials
Std. Std. Std.
No. 1 No. 2 No. 3
c. Modifications - Major instrument or sampling location been changed since the permit was
issued/modified?
IV-72
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
, statement(s) contained herein.
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Incinerator Checklist
OSWER Dir. No. 9938.02(b)
IV-73
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual ts Intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statements) contained herein.
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Incinerator Checklist
OSWER Dir. No. 9938.02(b)
(Checklist No. 2 - Cont'd)
2. Observe the operation of the automatic waste feed cutoff system in response to simulated
upset conditions for each automatic cutoff condition required in the permit [Note: At least
one test must involve an actual shutdown. *S = Simulated, A = Actual]
Automatic Permit Limits Observed Adequate
Cutoff Conditions Value Time Lag Value Time Lag S or A* Function?
• Minimum temperature
_Chamher (kiln) ,
_Chamber (Kiln)
. Chamber (2nd)
• Maximum CO
• Other CO limit ¦
• Maximum flue gas flow
rate/velocity
• Maximum feed rate
(stream)
• Pressure in primary
combustion chamber
• Air pollution control:
quench water none
Comb Eff
"gtack 02
Loss of Fan
Loss of Power
IV-74
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are (n any way altered by any statement^) contained herein.
No statutory or
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Incinerator Checklist
OSWER Dir. No. 9938.02(b)
(Checklist No. 2 - Cont'd)
3. Review documentation of the most recent calibration of the monitoring instrumentation for
all permit operating parameters specified in the permit. Discuss procedures used with the facility
staff. (Provide notes for each parameter - attach note pages as applicable.)
System Frequency of Date of Last Stat
Calibration Calibration
• Temperature
Kiln
Secondary Chamber .
Packed Tower ¦
• Flow rates
Oxygen
Packed Tower Water
Hydrosonic Scrubber Water
Water Flow t.o Quench System
Flue Gas Flowrate
Waste Feed Rate - ¦
Steam Feed Rate .
• Steam Drum Water Level
• Packed Tower pH ¦ ¦
• Hydrosonic Scrubber pH '
IV-75
FOR USE BY EPA INSPECTION PERSONNEL, ONLY. This manual is.intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Incinerator Checklist
OSWER Dir. No. 9938.02(b)
(Checklist No. 2 - Cont'd)
B. Audits of Waste Characterization and Handling [ 1, etc. = Problem note (see below)l
Status
1. Review of Waste Characterization
a. Analysis of appropriate parameters ,
b. Frequency of analysis '
c. Adequate analysis documentation (subjective)
2. Review of Waste Handling Documentation
a. Waste acceptance
-- Manifest/Logs
-- "Fingerprint" analysis
b. Blending/feeding logs
3. Review of on-site laboratory (optional)
a. Calibration records
b. Maintenance records ¦
c. Availability of Analytical and QA/QC Procedures
C. Review of Other Records Required bv the Permit
1. Records of Dump Stack Openings
- Openings documented: incidents since (date of last
inspection) or in last 12 months reported to
state or. EPA
- Temperature maintained during openings
- Minimum airflow maintained during openings
: Causes ;
- Corrective actions ¦
. 2. Records of Automatic Waste Feed Cutoff (AWFCO)
- Documented
- Frequency of cutoff incidents (_ per month or pei; day
(average of days))
- Major causes for AWFCO .
IV 76
FOR USE BY EPA INSpECTIQN PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatqiy requirements areln any way altered by any statement(s) contained herein.
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Incinerator Checklist
OSWER Dir. No. 9938.02(b)
(Checklist No. 2 - Cont'd)
3. Inspection Logs/Calibration Records
Complete
Adequate schedule
Recurring problems ; ,
4. Maintenance Records
- Timely corrective action
Complete
Routine maintenance performed on schedule
Frequency?
Note any recurring maintenance problems _
List any equipment replaced since last inspection (obtain manufacturer's specifications)
D. Audit of Waste Analysis (optional)
/ .
Provide check samples for analysis by the facility lab or obtain sample splits for
return to agency labs (or agency contractor lab)
Document the origin of each sample
Identify the parameters for analysis, analysis methods, sampling handling/storage
limitations, and any essential QA/QC requirements to be completed by the facility's
lab and the agency lab (if applicable)
Notes:
IV-77
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance,
regulatory requirements are In any way altered by any statements) contained herein.
No statutory or
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Incinerator Checklist
OSWER Dir. No. 9938.02(b)
Checklist No. 2 - Incinerator Specific Checklist (Optional)
. to Curb Fugitive Emissions
The following checklist (optional) contains the protocol to assess the procedures and devices used to
control fugitive emissions from the material handling aspects of incineration facilities. Recognizing
the fact that the majority of fugitive air emissions from a hazardous waste incineration facility
emanate from the material handling phase of its operation, and that a RCRA incinerator permit
traditionally did not address the subject, it is imperative that the facility take appropriate measures
to alleviate the potential risk of injury to public health and the environment.
Regulatory RCRA Checklist Item Yes No
Citation &
Description
Waste Unloading/Transfer Operation
Is there a vent gas emission control device in place for
loading/unloading liquid transport vehicles? '
If yes, describe • ;
§264.31
and
§265.31
If yes, describe:
Cleaning/replacing liquid filters and strainers?
If yes, describe:
Loading/unloading bulk solid wastes?
Is there a vent gas emission control device for
liquid waste storage tanks?
If yes, describe: ;
Is there a fugitive air emission control device, or
procedures* in place for the following?
• Flex hose couplings/drip pans?
Is there, a fugitive air emission monitoring
device in the loading/unloading areas?
If yes, describe:
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutoiy or
regulatory requirements are In any. way altered by any statements) contained herein.
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Incinerator Checklist
OSWER Dir. No. 9938.02(b)
RCRA Checklist Item Yes No
Size Reduction/Shredding Operation
Is there a fugitive air emission monitoring
device in the following areas?
• Container repackaging area?
• Drum/container shredding area?
Is there a fugitive air emission control device, or
procedures, in place for the following areas?
• Container repackaging area?
If yes, describe:
• Drum/Container shredding area?
If yes, describe: ¦ ¦
Incinerator Feeding/Residue Removal
Is there a fugitive air emission control device, or
procedures, in place for the following?
• Cleaning/replacing liquid strainers or
filters?
If ye s, describe:
• Ash removal/accumulation area?
If yes, describe:
• Scrubber blowdown/recycle tank?
If yes, describe:
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, FOR USE BY EPA INSPECTION PIiRSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
Regulatory
Citation &
Description
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OSWER Dir. No. 9938.02(b)
Regulatory
Citation &
Description
§264.31
§265.31
§264.340
RCRA Checklist Item
Unplanned Incinerator Stack Emissions
• How many times did the emergency
bypass stack open during the past
6 months of operation?
How long did it last each time, on
average?
• How many times was the automatic
waste feed cut-off system activated
during the past 30 days of operation?
Due to CO excursion?
Due to temperature excursion?
Due to waste feed excursion?
Other causes?
Yes No
Times
Minutes
_Times
_Tlmes
_Times
_Times
Times
(Note:
The opening of the emergency bypass stack and the activation of the automatic
waste feed cut-off system, normally implies that the incinerator has failed, to meet
one or more of the performance standards identified in the Federal incinerator
rule, 40 CFR Part 264, Subpart O. They may also imply that the incinerator has
violated the operating limits provided in the RCRA permit, depending on how the
operating condition was written in the permit. If the permit was written to
prohibit the Permittee from feeding wiaste into the incinerator when the
operating conditions deviate from the permit limits, then the activation of
automatic waste feed cut-off system would not imply violation of the permit
conditions. On the other hand, if the permit was written to prohibit the facility
from incinerating hazardous wastes, when the operating conditions deviate from
the permit limits, then the Permittee has clearly violated the permit conditions,
when the waste feed cut-off was activated.)
General Ambient Air Monitoring
• Does the facility monitor ambient air?
If yes, describe location, frequency, and
monitoring parameters
Yes
No
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Land Disposal Restrictions Checklist OSWER Dir. No. 9938.02(b)
9. Land Disposal Restrictions Checklist
1. General Information
Facility:
U.S. EPA ID No.:
Street:
City: State: Zip:
Telephone: Fax:
Inspection Date: / / Time: (am/pm)
Weather Conditions: ;
Name Aeencv/Title Telephone
Inspectors:
Facility Representatives:
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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INSPECTION SUMMARY
Processes That Generate LDR Wastes:
LDR Waste Management:
Summary:
Outstanding Issues:
Signature:
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regulatory requirements are in any way altered by any statements) contained herein.
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II. WASTE IDENTIFICATION
A. Use the table in Appendix A to indicate which wastes are generated or managed at the facility.
B. Waste Code Determination
1. Have all waste codes been correctly identified? (§268.2, §268.9, §262.11)
Yes No
' If no, list below:
Assigned Classification Correct Classification
Comments:
2. Have both the listed and characteristic waste code been assigned, where a listed waste exhibits a
characteristic? (§268.9(a))
Yes No; NA
Comments:
3. If a characteristic waste code has been assigned, and die treatment standard under §268.40 reads
"...and meet §268.48," has the generator determined the underlying hazardous constituents (as
defined in §268.2) that are reasonably expected to t>e present in the waste? (§268.9(a))
Yes No. NA
Comments:
C. Exemptions
1. Does the facility handle materials classified as universal wastes defined in §273.6.
Yes No
List ;
NOTE: These materials are not subject to Part 268 provided they are managed in accordance
with Part 273.
2. Are any wastes being treated in an exempt surface impoundment under §268.4?
Yes No
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regulatory requirements are in any way altered by any statements) contained herein.
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If yes, are the wastes managed in accordance with LDR prior to being placed in the exempt
surface impoundment?
i
Yes No
3. Are there any corrective action management units (CAMUs) on site?
Yes No
What wastes managed at the site are disposed in the CAMU(s)?
List
4. Has EPA or an authorized State made a "contained-in" determination under (i.e., no longer
contaminated with hazardous waste) for contaminated soil or debris (§261.3(f)) at the facility?
Yes No
List : '
D. Variances and Petitions
1. Are any delisted wastes managed at the site?
Yes No
List
2. Does the facility handle any wastes witn national capacity variances? Refer to Appendices Vll
and Vlll in Part 268 for up-to-date effective dates.
Yes No
List ;
3. Does the facility handle any wastes for which a case-by-case extension is effective?
Yes No List .
4. Does the facility have a. disposal unit for which a no-migration petition has been approved under
SDWA (for U1C wells) or RCRA?
Yes No
What wastes arc disposed in the unit?
List
5. Has the facility been granted a site-specific treatability variance under §268.44(h)?
Yes No
List:
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6. Does a treatability variance under §268.44(a) apply to any wastes at the facility?
Yes No
List: :
7. Does an equivalent treatment variance apply to any wastes at the facility?
Yes No
List: ; ;
8. Treatment standards expressed as required technologies: Has the generator specified an
alternative method to that required in §268.40?
Yes No; NA
If yes, list the waste code, the technology specified in §268.42, die alternative method, and
documentation of approval . (§268.42(b»
Waste Code Required Technology Alternative Method Approval
Comments
E. Contaminated Soils - Alternative Treatment Standards
1. Is soil that is contaminated with hazardous waste removed from the land and placed in a land
disposal unit?
Yes No
If yes, did the EPA or authorized State approve a "contained-in" determination before the soil
was removed from the land?
Yes No NA
NOTE: If yes, LDRs do not apply. If no, handlers of the contaminated soil may elect to use the
alternative treatment standards for contaminated soils specified in §268.49.
2. Is the contaminated soil subject to a site-specific treatability variance pursuant to §268.44(h)?
Yes No NA
NOTE: Even if the contaminated soil is subject to a site-specific treatability, it is still subject to
RCRA Subtitle C controls after treatment to the level specified in the variance, unless EPA or
authorized State has also made a determination that the soil is no longer contaminated with
hazardous waste.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
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3. Will contaminated soils be used to produce products that are subsequently used in a manner
constituting disposal?
Yes No NA
If yes, alternative standards for contaminated soils are not applicable; soils are subject instead to
Universal Treatment Standards.
F. Other Alternative Treatment Standards
1. Are there any wastes for which alternative treatment standards are being used?
HTMR
lab packs
contaminated debris (268.45(a) table of technologies)
III. GENERATOR REQUIREMENTS
NOTE: Generators who:
treat their waste in units subject to RCRA permitting, or
• store their wastes for greater than 90 or 180 days, or
dispose of wastes on-site
must comply with the TSD requirements in addition to the generator requirements (refer to Section IV).
A. Wastewatcr/Non Wastewater Category and Treatability Group/Treatment Standard Identification*
*Note: This information is generally available on LDR notifications. If not, waste profile data and
other documentation should be checked.
1. Does die generator correctly determine the appropriate treatability group/treatment standard for
each waste, including the treatment category for contaminated soils?
Yes No NA
Comments
2. Do the assigned treatment standards for listed wastes cover constituents that may cause the waste
to exhibit any characteristics? (§268.9 (b))
Yes No NA
If no, list those wastes which must meet standards for both listed and characteristic constituents.
List ; •
NOTE: Treatment standards for listed waste can operate "in lieu of" the standard for
characteristic wastes only in instances where waste is characteristic for the toxicity characteristic.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance.No statutory or
regulatory requirements are In any way altered by any statement(s) contained herein.
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3. Does the generator specify alternative treatment standards for lab packs?* (268.42(c))
Yes No NA
~Use of the alternative treatment standards is not required. (55 FR 22629)
If yes, do lab packs contain any wastes listed in Appendix IV of Part 268? (§268.42(c)(2))
Yes : No NA
4. Does the generator specify a modified treatment standard for contaminated soils, pursuant to a
site-specific treatability variance under §268.44(h)?
Yes No NA
If no, does the generator identify all underlying constituents which may reasonably be expected to
be present in the contaminated soil, when such constituents are initially found at concentrations
greater than ten times the UTS? (NOTH: applies to soils contaminated with listed or
characteristic wastes)
Yes No NA
5. Will characteristic wastes, other than high-TOC ignitables and reactive cyanide wastes, be
managed in a unit subject to CWA or a CWA-equivalent unit or injected in a hazardous or non-
hazardous injection well regulated under the UIC program?
Yes No NA
Note: CWA-equivalent means biological treatment for organics, alkaline chlorination or ferrous
sulfate precipitation for cyanide, precipitation/sedimentation for metals, reduction of hexavalent
chromium, or other treatment technology that can be demonstrated to perform equally or better
than these technologies (61 FR 15661).
6. For those characteristic wastes not managed in a CWA unit, CWA-equivalent unit, or injected in
an UIC well, has the generator identified the underlying constituents and associated standards in
the UTS table, including the UTS for TC metal wastes?
Yes No
7. For high-TOC ignitables and reactive cyanide wastes, has the generator identified the correct
treatment standard?
Yes No NA
8. Does the generator manage hazardous debris that he claims is excluded from the definition of
hazardous waste under §261.3(f) (i.e., debris treated with an extraction or destruction technology
in Table 1, §268.45)?
Yes No_ NA
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
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If yes, did the generator comply with the notification (one-time) and certification (every
shipment) requirements? (§268.7(d))
Yes No
NOTE: Such excluded debris is not subject to waste analysis and identification of hazardous
constituents. (§268.7(a)(5))
B. Waste Analysis
1. Does the generator determine whether restricted wastes exceed treatment standards at the point of
generation? (§268.7(a) (53 FR 31208))
Yes. No
If no, does the generator ship all restricted wastes as not meeting treatment standards?
Yes No
Comments
2. Which of the following analytical methods does the generator employ?*
'"Note: A "No" answer to questions b through d does not necessarily constitute a violation.
However, knowledge of waste is rarely adequate if a generator certifies that treatment standard
criteria have been met.
a. Knowledge of waste:
Yes No
If yes. list the wastes for which applied knowledge was used and describe the basis of
determination. Attach documentation. (§268.7(a)(6))
b. If the treatment standard was based on concentrations derived from the TCLP. was the
TCLP method used?
Yes No NA
c. If the treatment standard was based on total concentration, was a totals analysis
performed?
Yes No NA
NOTE: No testing is required if the waste was treated by a treatment technology specified in
§268.40, unless the waste is mixed with other wastes that have a numerical standard.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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3. Does the generator treat restricted wastes in 90-day tanks or containers regulated under §262.34?
Yes No (If No, go to 4.)
Does the generator treat the wastes to meet appropriate treatment standards/prohibition levels?
Yes No
If yes, has the generator prepared a waste analysis plan detailing the frequency of testing to be
conducted? (§268;7(a)(5))
Yes No (If No, goto 4.)
Does the plan fulfill the following? (§268.7(a)(5)(i))
Based on a detailed chemical and physical analysis of a representative sample
Contains information necessary to treat the wastes in accordance with Part 268 requirements
Is the plan kept in the facility's on-site files and made available to inspectors (§268.7(a)(5)(ii)?
Yes No ;
Comments
4. Characteristic wastes:
Does the facility use treatment processes that remove the characteristic, but do not achieve the
treatment standard for all underlying constituents, where die treatment standard reads, "...and
meet §268.48."?
Yes No NA
NOTE: If the decharacterixation process is in a unit regulated under CWA, equivalent to a CWA-
unit, or in a Class 1 UIC well permitted under SDWA, the standards for underlying constituents
do not apply.
if yes. does the facility manage the waste as restricted until Part 268 treatment standards are met,
even after the waste is rendered non-hazardous? (§268.9(c))
Yes No
Comments
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Does the facility ship any characteristic wastes which have been rendered non-hazardous to a
Subtitle D facility?
Yes
No
Complete the following table:
Waste Code
Receiving Facility
Are a one-time notification and certification sent to the Regional Administrator or authorized
State? (§§268.9(d) and 268.7(b)(5))
Yes No
Does the beater update die notification and certification if the receiving facility changes or if the
process generating the waste changes? (§268.9(d))
Yes No ;
Are such updated notifications and certifications kept in the treater's files and sent to the Region
or authorized State on an annual basis (no later than December 31 st)?
Yes No
5. Dilution Prohibition (§268.3):
The following S questions identify situations in which dilution is permissible. If the answers to
questions a - e are no, and the answer to question f is yes, but the listed conditions are not met,
any dilution that occurs is impermissible.
a. Is the waste destined for management other than land disposal?
Yes.
No.
b. Is the treatment standard effective for the waste?
Yes.
No.
c.
Is the waste being placed in a unit which is subject to a no-migration exemption?
Yes
No.
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FOR USE BY EPA INSPECTION PERSONNEL ONI.Y. This manual is intended solely for'guidance.
regulatory requirements are in any way altered by any statements) contained herein.
No statutory or
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d. Is the waste F003, K.047, or characteristic (with a numerically based treatment standard)
and being sent to a class 1 U1C well permitted under SDWA?
Yes No
e. Is the waste F003,K047, or characteristic and going to a CWA or CWA-equivalent
system (except High TOC D001, D003 reactive cyanide or D012 - D017 wastewaters)?
Yes No
f. Does the generator combust, or send off-site for combustion, any metal-containing
wastes listed in Appendix XI of Part 268?
Yes No NA
If yes, does the waste meet one of more of the conditions listed below:
contains hazardous organic constituents or cyanide at levels above the
constituent-specific treatment standards in §268.48
__ waste consists of organic, debris-like materials contaminated with an inorganic
metal-bearing hazardous waste
waste, at the point of generation, has greater than 5000 BTU per pound
waste is co-generated with wastes'for which combustion is the required
treatment method
waste is subject to Federal and/or State requirements necessitating reduction of
organics
waste contains greater than 1 % Total Organic Carbon (TOC)
Based on an assessment of the above questions, has the generator impermissibly diluted
hazardous wastes via combustion? (§268.3(c))
C. Management
1. On-Site Management
a. Are restricted wastes treated or (other than in a RCRA exempt unit) stored for greater
than 90 or 180 days, or disposed on site?
Yes No
(If yes, the TSD Checklist must also be completed.)
Comments
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FOR USE BY EPA INSPECTION PERSONNEL,ONLY. This manual is intended solely for guidance. No statutory or
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b. If a waste is excluded from regulation or from the definition of solid or hazardous waste
subsequent to the point of generation, does the generator comply with the requirements
of §268.7(a)(7) (56 FR 3866-3867)? (This includes treatment of characteristic wastes in
systems regulated under the Clean Water Act or in CWA-equivalent units). Have the
following been documented in the generator's files: the generation of such wastes, the
subsequent exclusion from the definition of hazardous or solid waste or exemption from
RCRA Subtitle C, and the disposition of the waste ? (§268.7(a)(7)) (55 FR 22662)
j
Yes No NA
c. If the generator treats characteristic wastes in RCRA-exempt units to render them non-
¦ hazardous, are the wastes managed as restricted prior to entering the exempt unit
(§268.7(a)(7)) until all applicable treatment standards are met? (§268.9(d))
Yes No NA
d. If the generator generates hazardous debris, has the EPA or an authorized State
determined that it is no longer contaminated with hazardous waste pursuant to
§261.3(0?
Yes No NA_
Does the debris meet the waste-specific treatment standards under §268.45?
Yes No NA
Has the generator determined die contaminants subject to treatment? (§268.45(b))
Yes No NA
2. Off-Site Management: Waste Exceeds Treatment Standards
a. Does the generator ship any waste that exceeds treatment standards (not subject to a
national capacity variance) to an off-site treatment or storage facility?
Yes No (If No, go to 3.)
Identify waste code(s) and off-site treatment or storage facilities to which wastes are
shipped.
Waste Code Receiving Facility
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
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Does the generator provide a one-time notification to the treatment or storage facility?
(§268.7(a)(2))
Yes No (IfNo, goto 3.)
Does the notification contain all the required elements listed in the table in
§268.7(a)(4)?
Yes No
If the generator specifies alternative treatment standards for lab packs, is the
certification required in §268.7(a)(9) included with the notification?
Yes No NA
Is a new notification sent if the waste or treatment facility changes?
Yes ' No
Is die waste subject to a tolling agreement pursuant to §262.20(e) (small quantity
generator only)?
Yes No (If No, goto 3.)
List waste codes and subsequent handler with whom a contractual
tolling agreement is held.
Wast? Code Subsequent Handler
Did the small quantity generator provide a notification to the receiving facility with the
first waste shipment subject to the tolling agreement? (§268.7(a)(10))
Yes No
d. Arc decharactcrized wastes sent off-site for further treatment of underlying hazardous
constituents to meet the Universal Treatment Standards?
Yes No NA
If yes, does the generator use the proper certification? (§268.7(b)(4)(iv))
Yes No NA
e. Are contaminated soils, which do not meet the soil treatment standards in §268.49(c),
sent off-site for further treatment?
Yes_ No NA
b.
c.
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
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If yes, does the generator use the proper certification? (§268.7(a)(2)(i))
Yes No NA
f. Are contaminated soils which do meet the soil treatment standards in §268.49(c) sent
off-site?
Yes No NA
If yes, does the generator use the proper certification? (§268.7(a)(3)(ii))
Yes No NA
3. Off-Site Management: Waste Meets Treatment Standards
a. Does the generator ship waste that meets treatment standards to an off-site disposal
facility?
Yes No (If No, go to 4.)
Identify waste codc(s) and off-site disposal facilities:
Waste Code Receiving Facility
Does the generator provide a one-time notification and a certification to the disposal
facility? (§268.7(a)(3)(i) and (ii))?
Yes No __ (If No, go to d.)
Does the notification have all the required elements listed in the table in §268.7(a)?
Yes No
b. Are a new notification and a new certification sent if the waste changes?
Yes No
c. Is the waste subject to a tolling agreement pursuant to §262.20(e) (small quantity
generator only)?
Yes No (If No, go to d.)
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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List waste codes and subsequent handler with whom a contractual
tolling agreement is held.
Waste Code Subsequent Handler
Did the small quantity generator provide a notification and a certification to the
receiving facility with the first waste shipment subject to the tolling agreement?
(§268.7(a)( 10»
Yes No
Is the proper certification used?
Yes No
d. Are characteristic wastes that have been rendered non-hazaidous and treated to meet the
standards for underlying constituents shipped to a Subtitle D facility or a UIC facility?
Yes No NA
(If No or NA, go to 4.)
Complete the following table:
Waste Code Receiving Facility
Are a one-time notification and a certification sent to the Regional Administrator or
authorized State? (§§268.9(d) and 268.7(b)(4))?
Yes No
Is die proper certification used for wastes which have been decharacterized AND treated
to meet the Universal Treatment Standards for underlying constituents?
(§268.7(b)(4)(v))?
Yes No
Are new certifications and notifications placed in the generator's or treater's files if the
process or operation generating the waste changes and/or if the receiving facility
changes?
Yes No
Arc new certification and notifications sent to the EPA Region or authorized State on an
annual basis (no later than December 31 st)? (§268.9(d»
Yes No
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
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4. Off-Site Management: Wastes Subject to Variances, Extensions, or Petitions
a. Does the generator ship wastes that are subject to a national capacity variance or case-
by-case extension (§268.5) to a treatment, storage, or disposal facility?
Yes No (If No, go to 5.)
Complete the following table:
Waste Code Receiving Facility
Does the generator provide notification to the off-site receiving facility that the waste is
not prohibited from land disposal? (§268.7(a)(4))
Yes No
Does the notification contain all required elements as listed in the table in §268.7(a)(4)?
Yes No
If the waste changes, is a new notification sent to the receiving facility, and a copy
placed in the generator's files?
Yes; No
b. Is the waste subject to a tolling agreement pursuant to §262.20(e) (small quantity
generator only)?
Yes No (If No, go to 5.)
List waste codes and subsequent handler with whom a contractual tolling agreement is
held.
Waste Code Subsequent Handler
Di4 the small quantity generator provide a notification to the receiving facility with die first waste shipment subject
to the tolling agreement? (§268.7(a)( 10))
Yes ^ No
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5. Records Retention
Does the generator retain on site copies of all notifications, certifications, waste analyses, and
other relevant documents for a period of 3 years? (§268.7(a)(8))
Yes No
Are copies of relevant tolling agreements, along with the LDR notification and/or certification,
kept on site for at least 3 years after expiration or termination of the agreement? (§268.7(a)(10))
Yes No NA
i
Do LDR documents reflect proper management of wastes previously covered under expired
national capacity variances and case by case extensions?
Yes No NA
D. Treatment Using RCRA 40 CFR Parts 264 and 265 Exempt Units or Processes
1. Are restricted wastes treated in RCRA-exempt units (e.g., distillation units, wastewater treatment
tanks, elementary neutralization, generator accumulation tanks/containers, etc.)?
Yes No (If No, do not complete this section.)
List types of waste treatment units and processes:
Waflg Code Type of Treatment Treatment Units and Processes
, 2. Are treatment residuals generated from these units?
Yes No
Comments
3. Arc residuals further treated, stored for greater than 90/180 days, or disposed on site?
Yes No NA
(If yes, the TSD checklist must also be completed.)
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regulatory requirements are In any way altered by any.statement(s) contained herein.
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E. Additional Comments, Concerns, or Issues Not Addressed in the Checklist:
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RCRA LAND DISPOSAL RESTRICTION INSPECTION
IV. TSD REQUIREMENTS
NOTE: TSDs that generate wastes must also comply with generator requirements.
A. Waste Analysis (40 CFR 268.7(b), 264.13, and 265.13)
1. What wastes are managed at the facility?
List, or refer to Waste Identification tabic in Section II.
2. Docs the waste analysis plan address all of the wastes managed at the facility?
(§§264/5.13(b)(6))
Comments
3. What date was the waste analysis plan last revised? / /
Has the waste analysis plan been revised to incorporate tests for wastes with variances that have
expired?
Yes No NA
Has the waste analysis plan been revised to address all new applicable listings?
Yes No NA
4. Does analytical data contain all the information required to treat, store, or dispose of restricted
wastes? (§§264/5.13(a)(1))
Yes; No
If yes, which of the following are sources of analytical data? (More than one may apply.):
Generator provides data
Facility perfoims analyses in on-site laboratory
_ Facility contracts analyses at off-site laboratory
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FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s)'cohtained herein.
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If the generator provides data, does the facility provide corroborative testing? (§§264/5.13(a)(2)
and 268.7(b))
Yes No NA
If analyses are conducted off site, identify lab:
5. Are wastes with treatment standards expressed as concentrations in the waste extract analyzed
using the toxicity characteristic leaching procedure (TCLP)? (§268.7(b)( 1))
Yes No NA
6. Are all other wastes with numerical standards analyzed using total constituent analysis?
(§268.7(b)(2))
Yes No NA
If yes, list the wastes for which total constituent analysis was used and provide the date
of last test, frequency of testing, and note any problems. Attach test results.
(§§264/5.73(b)(3))
7. Does the owner/operator conduct testing at the frequency specified in the Waste Analysis Plan?
Yes No NA
B. Operating Record (40 CFR 264/5.73)
1. Does the operating record contain records and results of waste analyses performed as specified in
§268.4 (exemption for treatment in surface impoundment) and/or §268.7(b)? (§§264/5.73(b)(3))
Yes No
2. Does the operating record contain copies of LDR notifications and certifications?*
(§§264/5.73(b)(l 1), (13), and (15))
Yes No __
* Include both those received from generators, and those prepared for off-site shipments.
3. Does the operating record include appropriate documentation for restricted wastes that are
managed wholly on site? (§§264/5.73(b)( 12), (14))
Yes No, NA
4. Does the documentation discussed in points 2 and 3 reflect proper historical management of
wastes previously covered under expired national capacity variances, and case by case
extensions?
Yes No NA
rv-ioo
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C. Storage (40 CFR 268.50)
1. Are prohibited wastes stored on site in containers?
Yes No (If No, go to 2.)
Are all containers clearly marked to identify the contents and date(s) entering storage?
(§268.50(a)(2)(i))
Yes No
Have wastes been stored for more than one year since the applicable LDR regulations went into
effect?
Yes No (If No, go to 2.)
Can the facility show that such accumulation beyond a year is necessary to facilitate proper
recovery, treatment, or disposal? (§268.50 (c))
Yes No
If yes, state how:
2. Are prohibited wastes stored on site in tanks?
Yes No (If No, go to 3.)
Arc all tanks clearly marked with a description of the contents, the quantity of each hazardous
waste received, and date each period of accumulation begins, or is such information recorded and
maintained in the operating record? (§268.50(a)(2Xii))
Yes No
Have tanks been emptied at least once per year since the applicable LDR regulations went into
effect?
Yes No (lfYes,goto3.)
Can the facility show that such accumulation beyond a year is necessary to facilitate proper
recovery, treatment, or disposal? (§268.50(c))
Yes No
If yes. state how:
1V-101
FOR USE BY EPA INSPECTION PERSONNEL ONI.Y. This manual is intended solely for guidance. No statutory or
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3. Does the facility store liquid hazardous waste containing PGBs at concentrations greater than or .
equal to 50 ppm?
Yes : No (If No, goto D.)
Does the facility meet the TSCA criteria in 40 CFR 761.65(b)? (§268.50(f))
Yes No
Have these wastes been stored for more than one year? (§268.50(0)
Yes No
D. Treatment
1. Does the facility treat restricted wastes in units other than surface impoundments?
Yes No (If No, do not complete this section. Goto
E.)
2. Are required treatment technologies used in accordance with the treatment standard for each
waste? (§268.40(a)(3))
Yes ; No__ NA
(If Yes or NA, go to 3.)
Was an alternative method approved?
Yes No
If yes, list each waste code, the technology specified in §268.42, and (he alternative method.
Confirm that approval of the alternative method is documented. (§268.42(b))
Waste Code Required Technology Alternative Method Approval
3. Lab packs: If alternative treatment standards are specified, are incinerator residues from lab
packs containing D004, D005, D006, D007, D008, D010, and D011 treated in compliance with
the Subpart D treatment standards for these characteristic wastes? (§268.42(c)(4))
Yes No NA
rv-102
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4. Describe all other waste codes and treatment processes for listed wastes treated on-site:
Waste Code Treatment Processes
5. Characteristic wastes:
Does the facility use treatment processes that remove the characteristic, but do not achieve the
treatment standard for all underlying constituents, where the treatment standard reads, "...and
meet §268.48."?
Yes No NA
NOTE: If the decharacterization process is in a unit regulated under CWA, equivalent to a CWA-
unit, or in a Class 1 U1C well permitted under SDWA, the standards for underlying constituents
do not apply.
If yes, does the facility manage the waste as restricted until Part 268 treatment standards are met,
even after the waste is rendered non-hazardous? (§268.9(c))
Yes No
Comments
Does the facility ship any characteristic wastes which have been rendered non-hazardous to a
Subtitle D facility?
Yes No
Complete the following table:
Waste Code Receiving Facility
Are a one-time notification and certification sent to the Regional Administrator or authorized
State? (§§268.9(d) and 268.7(b)(5))
Yes No
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Does the trcater update the notification and certification if the receiving facility changes or if the
process generating the waste changes? (§268.9(d))
Yes No
Are such updated notifications and certifications kept in the treater's files and sent to the Region
or authorized State on an annual basis (no later than December 31 st)?
Yes No
6. Contaminated soils:
Does the facility treat or otherwise manage contaminated soils?
Yes No NA
If yes, does the owner/operator identify the appropriate treatment standards, as specified in
§268.49(c)?
Yes No ; NA
Does the facility owner manage treatment residuals that are media residuals according to the
provisions in §268.49 (i.e.. manages them as contaminated soils)?
Ycs__ No NA
NOTE: If EPA or an authorized State determines that:
1) the soil has been treated to meet the alternative standard, or
, 2) the standard specified according to a site-specific treatability variance granted under
§268.11 (a), or
3) the waste is no longer contaminated with hazardous waste (i.e., is the subject of a
contained-in determination);
the soil is no longer subject to RCRA.
Does the facility owner manage non-media treatment residuals (e.g., liquid sludges) in
accordance with the RCRA Subtitle C or D standards that are applicable to the waste that
contaminated the soil before treatment?
Yes No NA
7. Contaminated Debris (§268.45)
Does the facility treat or otherwise manage contaminated debris?
Yes. No NA
If yes, does the owner/operator identify the appropriate treatment standards, as specified in
§268.45?
Yes No NA j
IV 104
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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NOTE: If EPA or an authorized State determines that the debris that has been treated to meet the
standard is no longer contaminated with hazardous waste (i.e., is the subject of a contained-in
determination), it is no longer subject to RCRA.
8. Dilution Prohibition (§268.3):
The following 5 questions identify situations in which dilution is permissible. If the answers to
questions a - e are no, and the answer to question f is yes, but the listed conditions are not met,
any dilution that occurs is impermissible.
a. Is the waste destined for management other than land disposal?
Yes No
b. Does the waste not have an effective treatment standard?
Yes No
c. Is the waste being placed in a unit which is subject to a no-migration exemption?
Yes No
d. Is the waste F003, K.047, or characteristic (with a numerically based treatment standard)
and being sent to a class 1 U1C well permitted under SDWA?
Yes No
c. Is the waste F003,K.047, or characteristic and going to a CWA or CWA-equivalent
system (except High TOC D00I, D003 reactive;cyanide or D012 - D017 wastewaters)?
Yes No
f. Does the generator combust, or send off-site for combustion, any metal-containing
wastes listed in Appendix XI of Part 268?
Yes No NA
If yes, does the waste meet one of more of the conditions listed below:
contains hazardous organic constituents or cyanide at levels above the
constituent-specific treatment standards in §268.48
waste consists of organic, debris-like materials contaminated with an inorganic
metal-bearing hazardous waste
waste, at the point of generation, has greater than 5000 BTU per pound
waste is co-generated with wastes for which combustion is the required
treatment method
IV 105
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutoiy or
regulatory requirements are In any way altered by any statement^) contained herein.
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waste is subject to Federal and/or State requirements necessitating reduction of
organics
waste contains greater than 1 % Total Organic Carbon (TOC)
Based on an assessment of the above questions, has the generator impermissibly diluted
hazardous wastes via combustion? (§268.3(c))
9. Does the facility, in accordance with an acceptable waste analysis plan, test residues from all
treatment processes? (§268.7(b))
Yes No
Comments
10. Docs the facility ship any wastes or treatment residues that meet treatment standards to an off-
site land disposal facility?
Yes No
Complete the following table:
Waste Code Receiving Facility
Are a one-time notification and a certification provided to the land disposal facility?
(§§268.7(b)(3) and 268.7(b)(4))
Yes No
Are revised notifications and certifications sent to the disposal facility if the waste or treatment
residue changes or if the disposal facility changes?
Yes No
11. Does the facility ship any wastes or treatment residues to be further managed at a different
treatment or storage facility?
Yes No (If No, go to E.)
IV 106
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely far guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Complete the following table:
Waste Code Receiving Facility
Are appropriate generator notifications and certifications provided to the receiving facility?
(§268.7(b)(5))
Yes No
E. Surface Impoundments (40 CFR 268.4)
1. Are restricted wastes placed in surface impoundments for treatment?
Yes No (If No, goto F.)
List
Is the surface impoundment treating only characteristic waste (except characteristic wastes with a
treatment method other than DEACT or D003 reactive cyanide waste)?
Yes No
Is die surface impoundment subject to regulation under the CWA, in a CWA-equivalent system,
or is the surface impoundment used to treat wastes for the purposes of pretreatment required
under CWA 307?
Yes No (If yes, gotoF.)
2. Is evaporation or dilution the only recognizable treatment occurring in the surface impoundment?
(§§268.3(a) and 268.4(b))
Yes No
Comments
3. Has the facility submitted to the Agency a waste analysis plan and certification of compliance
with minimum technology requirements and ground-water monitoring requirements?
(§268.4(a)(4))
Yes No
4. If the minimum technology requirements have not been met, has a waiver been granted for that
unit? (§268.4(a)(3)(ii))
Yes No NA
5. Are representative samples of sludge and supernatant from the surface impoundment tested
separately, acceptably, and in accordance with the sampling frequency and analyses specified in
the waste analysis plan? (Attach test results.) (§268.4(a)(2)(i))
Yes No
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6. Does the operating record adequately document the results of waste analyses performed in
accordance with §268,4(a)(2)(i)? (§§264/5.73(b)(3))
Yes No
Comments
7. Do the treatment residues (sludges or liquids) exceed applicable treatment standards/prohibition
levels?
Sludge Yes No Waste Code
Supernatant Yes No Waste Code
Provide the frequency of analyses conducted on treatment residues: '
8. If sludge residues exceed treatment standards/prohibition levels, are they removed on an annual
basis? (§268.4(a)(2Kii»
Yes No NA
Comments
Are residues subsequently managed in another surface impoundment? (§268.4(a)(2)(iii))
Yes No.
If supernatant is determined to exceed treatment standards, is annual throughput greater than
impoundment volume? (§268.4(a)(2Xii))
Yes No NA
Comments
F. Land Disposal
1. Are restricted wastes placed in or on the land in units such as landfills, surface impoundments*,
waste piles, land treatment units, salt domes/beds, mines/caves, concrete vaults, or bunkers?
(§268.2(c))
Yes No (If No, go to G.)
*Note: Do not include surface impoundments addressed in E.
If yes, specify which units and what wastes each unit has received since the last inspection:
Unit Waste
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2. Does the facility, in accordance with an acceptable waste analysis plan, test prohibited wastes
prior to land disposal to ensure that all applicable treatment standards and/or prohibition levels
have been met? (§268.7(c)(2))
Yes No
Comments
3. Does the facility test wastes to ensure that they do not exhibit any characteristics at the point of
disposal? (§268.9(c))
Yes No NA
4. Does the operating record adequately document the results of waste analyses performed in
accordance with §268.7(c)? (§§264/5.73(b)(3))
Yes No
At what frequency are analyses performed?
5. Does the facility land dispose of restricted wastes which are not prohibited?
Yes No
If yes, go to Section 11, D questions 2-6 of generator checklist
6. Are restricted wastes placed in underground injection wells?
Yes No
List ;
G. Other Waste Streams
I. Docs the facility generate wastes other than residues from RCRA treatment units?
Yes No (If No, go to H.)
If yes, complete Section 111, C of generator checklist.
IV 109 ,
FOR USE BY F.PA INSPECTION PI-.RSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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II. Additional Comments, Concerns, or Issues Not Addressed in the Checklist:
IV 110
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V. TRANSPORTER REQUIREMENTS
1. Does the transporter accumulate restricted wastes at a transfer facility for more than 10 days?
(40 CFR 268.50(a)(3))
Yes No
If yes. check the appropriate regulatory status:
Interim status for storage
RCRA permit for storage
(The TSD checklist must also be completed.)
If no, describe inventory controls to ensure that wastes are not stored for more than 10 days:
2. Does the transporter mix or combine restricted wastes of different DOT shipping descriptions?
(40 CFR 263.10(c)(2))?
Yes No
(If yes, the Generator checklist must also be completed.)
3. Are restricted wastes treated in RCRA exempt units (e.g., distillation units, wastewater treatment
tanks, elementary neutralization)?
Yes No (If No. do not complete this
section.)
List types of waste treatment units and processes:
Waste Code Type of Treatment Treatment Units and Process
Are treatment residuals generated from these units?
Yes No
Comments
IV 111
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This inanual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement® contained herein.
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Arc residuals further treated, stored at a transfer facility for greater than 10 days, or disposed on site?
Yes No NA .
(If Yes, the TSD checklist must also be completed.)
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FOR USE BY EPA INSPECTION PERSONN EL ONLY; This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
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Appendix A: Identification of Waste Management
~
Waste Code
Treatment Subcategory
Wastewater
Non-
Wastewater
(S)oll or
(D)ebrl
s
Generate
Treat
Store
Dispose
D001
Ignitable Characteristic Wastes, except for the
§261.21 (a)(1) High TOC Subcategory
D001
High TOC Ignitable Characteristic Liquids
Subcategory based on 40 CFR 261.21(a)(1) -
Greater than or equal to 10% total organic carbon.
(Note: This subcategoiy consists of
nonwastewaters only).
>
D002
Corrosive Characteristic Wastes
D002
Radioactive high level wastes generated during
the reprocessing of fuel rods. (Note: This
subcategory consists of nonwastewaters only).
D003
Reactive Sulfides Subcategoiy based on
261.23(a)(5)
D003
Explosives Subcategory based on 261.23(a)(6), (7).
and (8)
D003
Unexploded ordinance and other explosive
devices which have been the subject of an
emergency response.
D003
Other Reactives Subcategoiy based on
261.23(a)(1).
D003
Water Reactive Subcategory based on 261.23(a)(2),
(3), and (4). (Note: This subcategoiy consists of
nonwastewaters only).
D003
Reactives Cyanides Subcategory based on
261.23(a)(5).
D004
Wastes that exhibit, or are expected to exhibit, the
characteristic of toxicity for arsenic based on the
extraction procedure (EP) in SW846 Method 1310.
'
D004
Radioactive high level wastes generated during
the reprocessing of fuel rods. (Note: This
subcategory consists of nonwastewaters only).
D005
Wastes that exhibit, or are expected to exhibit, the
characteristic of toxicity for barium on the
•
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statements) contained herein.
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~
Waste Code
Treatment Subcategory
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate
Treat
Store
Dispose
extraction procedure (EP) in SW846 Method 1310.
D005
Radioactive high level wastes generated during
the reprocessing of fuel rods. (Note: This
subcategory consists of nonwastewaters only).
D006
Wastes that exhibit, or are expected to exhibit, the
characteristic of toxicity for cadmium based on the
extraction procedure (EP) in SW 846 Method 1310.
D006
Cadmium Containing Batteries Subcategoiy.
(Note: This subcategoiy consists of
nonwastewaters only).
D006
Radioactive high level wastes generated during
the reprocessing of fuel rods. (Note: This
subcategory consists of nonwastewaters only).
D007
Wastes that exhibit, or are expected to exhibit, the
characteristic of toxicity for chromium based on
the extraction procedure (EP) in SW846 Method
1310.
D007
Radioactive high level wastes generated during
the reprocessing of fuel rods. (Note: This
subcategory consists of nonwastewaters only).
D008
Wastes that exhibit, or are expected to exhibit, the
characteristic of toxicity for lead based on the
extraction procedure (EP) in SW846 Method 1310
D008
Lead Acid Batteries Subcategoiy (Note: This
standard only applies to lead acid batteries that
are identified as RCRA hazardous waste and that
are not excluded elsewhere from regulation under
the Land Disposal Restrictions of 40 CFR 268 or
exempted under other EPA regulations (see 40
CFR 266.80). This subcategoiy consists of
nonwastewaters only).
D008
Radioactive Lead Solids Subcategory (Note: these
lead solids include, but are not limited to, all
forms of lead shielding and other elemental forms
of lead. These lead solids do not include
IV-114
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: <
Waste Code
Treatment Subcategory
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate
Treat
Store
Dispose
treatment residuals such as hydroxide sludges,
other wastewater treatment residuals, or
incinerator ashes that can undergo conventional
pozzolanic stabilization, nor do they include
organo-lead materials that can be incinerated and
stabilized as ash. This subcategory consists of
nonwasteWaters only).
D008
Radioactive high level Wastes generated during
the reprocessing of fuel rods. (Note: This
subcategory consists of nonwastewaters only).
D009
Nonwastewaters that exhibit, or are expected to
exhibit, the characteristic of toxicity for mercuiy
based on the extraction procedure (EP) in SW846
Method 1310; and contain greater than or equal to
260mg/kg total mercury that also contain organics
and are not incinerator residues. (High Mercuiy-
Organic Subcategory)
D009
Nonwastewaters that exhibit, or are expected to
exhibit, the characteristic of toxicity for mercury
based on the extraction procedure (EP) in SW846
Method 1310; and contain greater than or equal to
260 mg/kg total mercury that are inorganic,
including incinerator residues and residues from
RMERC. (High Mercury-Inorganic Subcategory)
D009
All D009 wastewaters
D009
Elemental Mercury contaminated with radioactive
materials. (Note: This subcategory consists of
nonwastewaters only).
D009
Hydraulic oil contaminated with Mercury
Radioactive Materials Subcategory. (Note: This
subcategory consists of nonwastewaters only).
D009
Radioactive high level wastes generated during
the reprocessing of fuel rods. (Note: This
subcategory consists of nonwastewaters only).
D010
Wastes that exhibit, or are expected to exhibit, the
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~
Waste Code
Treatment Subcategory
Wastewater
Non-
Wastewater
(S)oll or
(D)ebri
s
Generate
Treat
Store
Dispose
characteristic of toxicity for selenium based on the
extraction procedure (EP) in SW846 Method 1310.
DO 10
Radioactive high level wastes generated during
the reprocessing of fuel rods. (Note: This
subcategory consists of nonwastewaters only).
D011
Wastes that exhibit, or are expected to exhibit, the
characteristic of toxicity for silver based on the
extraction procedure (EP) in SW846 Method 1310.
D011
Radioactive high level wastes generated during
the reprocessing of fuel rods. (Note: This
subcategory consists of nonwastewaters only).
D012
Wastes that are TC for Endrin based n the TCLP in
SW846 Method 1311.
D013
Wastes that are TC for Lindane based on the TCLP
in SW846 Method 1311.
D014
Wastes that are TC for Methoxychlor based on the
TCLP in SW846 Method 1311.
D015
Wastes that are TC for Toxaphene based on the
TCLP in SW846 Method 1311.
, •
D016
Wastes that are TC for 2,4-D(2,4-
Dichlorophenoxyacetic acid) based on the TCLP in
SW846 Method 1311.
DO 17
Wastes that are TC for 2,4,5-TP (Silvex) based on
the TCLP in SW846 Method 1311.
D018
Wastes that are TC for Benzene based on the TCLP
in SW846 Method 1311.
D019
Wastes that are TC for Carbon tetrachloride based
on the TCLP in SW846 Method 1311.
D020
Wastes that are TC for Chlordane based on the
TCLP in SW846 Method 1311.
D021
Wastes that are TC for Chlorobenzene based on
the TCLP in SW846 Method 1311.
D022
Wastes that are TC for Chloroform based on the
TCLP in SW846'Method 1311.
D023
Wastes that are TC for o-Cresol based on the
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~
Waste Code
Treatment Subcategory
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate
Treat
Store
Dispose
TCLP in SW846 Method 1311.
D024
Wastes that are TC for m-Cresol based on the
TCLP in SW846 Method 1311.
D025
Wastes that are TC for p-Creso] based on the
TCLP in SW846 Method 1311.
D026
Wastes that are TC for Cresols (Total) based on the
TCLP in SW846 Method 1311.
D027
Wastes that are TC for p-Dichloro-benzene based
on the TCLP in SW846 Method 1311.
D028
Wastes that are TC for 1,2-DichIoroethane based
on the TCLP in SW846 Method 1311.
D029
Wastes that are: TC for 1,1-Dichloroethane based
on the TCLP in SW846 Method 1311.
D030
Wastes that are TC for 2,4-Dinitrotoluene based on
the TCLP in SW846 Method 1311.
D031
Wastes that are TC for Heptachlor based on the
TCLP in SW846 Method 1311.
D032
Wastes that are TC for Hexachloro-benzene based
on the TCLP in SW846 Method 1311.
D033
Wastes that are TC for Hexachlorobutadiene.
based on the TCLP in SW846 Method 1311.
D034
Wastes that are TC for Hexachloroethane based on
the TCLP in SW846 Method 1311.
D035
Wastes that are TC for Methyl ethyl ketone based
on the TCLP in SW846 Method 1311.
D036
Wastes that are TC for Nitrobenzene based on the
TCLP in SW846 Method 1311.
D037
Wastes that are TC for Pentachlorophenol biased
on the TCLP in SW846 Method 1311.
D038
Wastes that are TC for Pyridine based on the
TCLP in SW846 Method 1311.
D039
Wastes that are TC for Tetrachloroethylene based
on the TCLP in SW846 Method 1311.
D040
Wastes that are TC for Trichloroethylene based on
the TCLP in SW846 Method 1311.
IV-117
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/
Waste Code
Treatment Subcategory
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate
Treat
Store
Dispose
D041
Wastes that are TC for 2,4,5-Trichlorophenol based
on the TCLP in SW846 Method 1311.
D042
Wastes that are TC for 2,4,6-Trichlorophenol based
on the TCLP in SW846 Method 1311.
D043
Wastes that are TC for Vinyl Chloride based on
the TCLP in SW846 Method 1311.
F001
F001, F002, F003, F004 and/or F005 solvent wastes
that contain any combination of one or more of the
following spent solvents: acetone, benzene, n-biityl
alcohol, carbon disulfide, carbon tetrachloride,
chlorinated fluorocarbons, chlorobenzene, o-
cresol, m-cresol, p-cresol, cyclohexanone, o-
dichlorobenzene, 2-ethoxyethanol, ethyl acetate,
ethyl benzene, ethyl ether, isobutyl alcohol,
methanol, methylene chloride, methyl ethyl
ketone, methyl isobutyl ketone, nitrobenzene, 2-
nitropropane, pyridine, tetrachloroethylene,
toluene, 1,1,1-trichloroethane, 1,1,2-
trichloroethane, 1,1,2-trichloro-1,2.2-trifluorethane.
trichloroethylene, trichloromonofluoromethane,
and/or xylenes (except as specifically noted in
other subcategories). See further details of these
listings in §261.31.
-
- ¦
F002
F001, F002, F003, F004 and/or F005 solvent wastes
that contain any combination of one or more of the
following spent solvents: acetone, benzene, n-butyl
alcohol, carbon disulfide, carbon tetrachloride,
chlorinated fluorocarbons, chlorobenzene, o-
cresol, m-cresol, p-cresol, cyclohexanone, o-
dichlorobenzene, 2-ethoxyethanol, ethyl acetate,
ethyl benzene, ethyl ether, isobutyl alcohol,
methanol, methylene chloride, methyl ethyl
ketone, methyl isobutyl ketone, nitrobenzene, 2-
nitropropane, pyridine, tetrachloroethylene,
toluene, 1,1,1-trichloroethane, 1,1,2-
trichloroethane, 1,1,2-trichloro-1,2,2-trifluorethane,
IV-118
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statements) contained herein.
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Land Disposal Restrictions Checklist
OSWER Dir. No. 9938.02(b)
y
Waste Code
Treatment Subcategoiy
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate.
Treat
Store
Dispose
trichloroethylene, .trichloromonofluoromethane,
and/or xylenes (except as specifically noted in
other subcategories). See further details of these
listings in §261.31.
F003
F001, F002, F003, F004 and/or F005 solvent wastes
that contain any combination of one or more of the
following spent solvents: acetone, benzene, n-butyl
alcohol, carbon disulfide, carbon tetrachloride,
chlorinated fluorocarbons, chlorobenzene, o-
cresol, m-cresol, p-cresol, cyclohexanone, o-
dichlorobenzene, 2-ethoxyethanol, ethyl acetate,
ethyl benzene, ethyl ether, isobutyl alcohol,
methanol, methylene chloride, methyl ethyl
ketone, methyl isobutyl ketone, nitrobenzene, 2-
nitropropane, pyridine, tetrachloroethylene,
toluene, 1,1,1-trichloroethane, 1,1,2-
trichloroethane, 1,1,2^trichloro-1,2,2-trifluorethane,
trichloroethylene. trichloromonofluoromethane.
and/or xylenes (except as specifically noted in
other subcategoHes). See further details of these
listings in §261.31.
F004
F001. F002, F003, F004 and/or F005 solvent wastes
that contain any combination of one or more of the
following spent solvents: acetone, benzene, n-butyl
alcohol, carbon disulfide, carbon tetrachloride,
chlorinated fluorocarbons, chlorobenzene, o-
cresol, m-cresol, p-cresol, cyclohexanone, o-
dichlorobenzene, 2-ethoxyethanol, ethyl acetate,
ethyl benzene, ethyl ether, isobutyl alcohol,
methanol, methylene chloride, methyl ethyl
ketone, methyl isobutyl ketone, nitrobenzene, 2-
nitropropane, pyridine, tetrachloroethylene,
toluene. 1,1,1-trichloroethane, 1,1,2-
trichloroethane, 1,1,2-trichloro-1,2,2-trifluorethane,
trichloroethylene, trichloromonofluoromethane,
and/or xylenes (except as specifically noted in
IV-119
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statements) contained herein.
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Land Disposal Restrictions Checklist
OSWER Dir. No. 9938.02(b)
/
Waste Code
Treatment Subcategoiy
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate
Treat
Store
Dispose
other subcategories). See further details of these
listings in §261.31.
F005
F001, F002, F003, F004 and/or F005 solvent wastes
that contain any combination of one or more of the
following spent solvents: acetone, benzene, n-butyl
alcohol, carbon disulfide, carbon tetrachloride,
chlorinated fluorocarbons, chlorobenzene, o-
cresol, m-cresol, p-cresol, cyclohexanone, o-
dichlorobenzene, 2-ethoxyethanol, ethyl acetate,
ethyl benzene, ethyl ether, isobutyl alcohol,
methanol, methylene chloride, methyl ethyl
ketone, methyl isobutyl ketone, nitrobenzene, 2-
nitropropane, pyridine, tetrachloroethylene,
toluene, 1,1,l-trichloroethane, 1,1,2-
trichloroethane, 1,1,2-trichloro-1,2,2-trifluorethane,
trichloroethylene, trichloromonofluoromethane,
and/or xylenes (except as specifically noted in
other subcategories). See further details of these
listings in §261.31.
F006
Wastewater treatment sludges from electroplating
operations except from the following processes:
(1) Sulfuric acid anodizing of aluminum; (2) tin
plating on carbon steel; (3) zinc plating
(segregated basis) on carbon steel; (4) aluminum
or zinc-aluminum plating on carbon steel; (5)
cleaning/stripping associated with tin, zinc, and
aluminum plating on carbon steel; and (6)
chemical etching and milling of aluminum.
F007
Spent cyanide plating bath solutions from
electroplating operations.
F008
Plating bath residues from the bottom of plating
baths from electroplating operations where
cyanides are used in the process.
F009
Spent stripping and cleaning bath solutions from
electroplating operations where cyanides are used
in the process.
IV-120
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statements) contained herein.
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Land Disposal Restrictions Checklist
OSWER Dir. No. 9938.02(b)
Waste Code
Treatment Subcategory
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate
Treat
Store
Dispose
)
F010
Quenching bath residues from oil baths from
metal heat treating operations where cyanides are
used in the process.
-
F011
Spent cyanide solutions from salt bath pot
cleaning from metal heat treating operations.
-
F0I2
Quenching wastewater treatment sludges from
metal heat treating operations where cyanides are
used in the process.
F019
Wastewater treatment sludges from the chemical
conversion coating of aluminum except from
zirconium phosphating in aluminum can washing
when such phosphating is an exclusive conversion
coating process.
F020
Wastes (except wastewater and spent carbon from
hydrogen chloride purification) from the
production or manufacturing use (as a reactant,
chemical intermediate, or component in a
formulating process) of: (1) tri- or
tetrachlorophenol, or of intermediates used to
produce their pesticide derivatives, excluding
wastes from the production of Hexachlorophene
from highly purified 2,4,5-trichlorophenol (F020);
(2) pentachlorophenol, or of intermediates used to
produce its derivatives (i.e., F021); (3) tetra-,
penta-, or hexachlorobenzenes under alkaline
conditions (i.e„ F022); and from the production of
materials on equipment previously used for the
production or manufacturing use (as a reactant,
chemical intermediate, or component in a .
formulating process) of: (1) tri- or
tetrachlorophenols, excluding wastes from
equipment used only for the production of
Hexachlorophene from highly purified 2,4,5-
trichlorophenol (F023); (2) tetra-, penta-, or
hexachlorobenzenes under alkaline conditions
(i.e., F026).
-
IV-121
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statements) contained herein.
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Land Disposal Restrictions Checklist
OSWER Dir. No. 9938.02(b)
T
Waste Code
Treatment Subcategory
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate
Treat
Store
Dispose
F021
Wastes (except wastewater and spent carbon from
hydrogen chloride purification) from the
production or manufacturing use (as a reactant,
chemical intermediate, or component in a
formulating process) of: (1) tri- or
tetrachlorophenol, or of intermediates used to
produce their pesticide derivatives, excluding
wastes from the production of Hexachlorophene
from highly purified 2,4,5-trichlorophenol (F020):
(2) pentachlorophenol, or of intermediates used to
produce its derivatives (i.e., F021); (3) tetra-,
penta-, or hexachlorobenzenes under alkaline
conditions (i.e., F022); and from the production of
materials on equipment previously used for the
production or manufacturing use (as a reactant,
chemical intermediate, or component in a
formulating process) of: (1) tri- or
tetrachlorophenols, excluding wastes from
equipment used only for the production of
Hexachlorophene from highly purified 2,4,5-
trichlorophenol (F023); (2) tetra-, penta-, or
hexachlorobenzenes under alkaline conditions
(i.e., F026).
F022
Wastes (except wastewater and spent carbon from
hydrogen chloride purification) from the
production or manufacturing use (as a reactant.
chemical intermediate, or component in a
formulating process) of: (1) tri- or
tetrachlorophenol, or of intermediates used to
produce their pesticide derivatives, excluding
wastes from the production of Hexachlorophene
from highly purified 2,4,5-trichlorophenol (F020);
(2) pentachlorophenol, or of intermediates used to
produce its derivatives (i.e., F021); (3) tetra-,
penta-, or hexachlorobenzenes under alkaline
conditions (i.e., F022); and from the production of
-
IV-122
FQR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statements) contained herein.
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Land Disposal Restrictions Checklist
OSWER Dir. No. 9938.02(b)
J
Waste Code
Treatment Subcategoiy
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate
Treat
Store
Dispose
materials on equipment previously used for the
production or manufacturing use (as a reactant,
chemical intermediate, or component in a
formulating process) of: (1) tri- or
tetrachlorophenols, excluding wastes from
equipment used only for the production of
Hexachlorophene from highly purified 2,4,5-
trichlorophenol (F023); (2) tetra-. penta-, or
hexachlorobenzenes under alkaline conditions
(i.e., F026). . '
F023
Wastes (except wastewater and spent carbon from
hydrogen chloride purification) from the
production or manufacturing use (as a reactant,
chemical intermediate, or component in a
formulating process) of: (1) tri-or
tetrachlorophenol, or of intermediates used to
produce their pesticide derivatives, excluding
wastes from the production of Hexachlorophene
from highly purified 2,4,5-trichlorophenol (F020);
(2) pentachlorophenol, or of intermediates used to
produce its derivatives (i.e., F021); (3) tetra-,
penta-, or hexachlorobenzenes under alkaline
conditions (i.e., F022); and from the production of
materials on equipment previously used for the
production or manufacturing use (as a reactant,
chemical intermediate, or component in a
formulating process) of: (1) tri- or
tetrachlorophenols, excluding wastes from
equipment used only for the production of
Hexachlorophene from highly purified 2,4,5-
trichlorophenol (F023); (2) tetra-, penta-, or
hexachlorobenzenes under alkaline conditions
(i.e., F026).
-
F024
Process wastes, including but not limited to,
distillation residues, heavy ends, tars, and reactor
clean-out wastes, from the production of certain
IV-123
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statements) contained herein.
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Land Disposal Restrictions Checklist
OSWER Dir. No. 9938.02(b)
/
Waste Code
Treatment Subcategory
Wastewater
Non-
Wastewater
(S)oilor
(D)ebri
s
Generate
Treat
Store
Dispose
chlorinated aliphatic hydrocarbons by free radical
catalyzed processes. These chlorinated aliphatic
hydrocarbons are those having carbon chain
lengths ranging from one to and including five,
with varying amounts and positions of chlorine
substitution. (This listing does not include
wastewaters, wastewater treatment sludges, spent
catalysts, and wastes listed in §261.31 or §261.32.).
F025
Condensed light ends from the production of
certain chlorinated aliphatic hydrocarbons, by free
radical catalyzed processes. These chlorinated
aliphatic hydrocarbons are those having carbon
chain lengths ranging from one to and including
five, with Varying amounts and positions of
chlorine substitution F025-Light Ends
Subcategory.
F025
Spent filters and tilter aids, and spent dcsiccant
wastes from the production of certain chlorinated
aliphatic hydrocarbons, by free radical catalyzed
processes. These chlorinated aliphatic
hydrocarbons are those having carbon chain
lengths ranging from one and including five, with
varying amounts and positions of chlorine
substitution, F025-Spent Filters/Aids and
Desiccants Subcategory.
F026
Wastes (except wastewater and spent carbon from
hydrogen chloride purification) from the
production or manufacturing use (as a reactant,
chemical intermediate, or component in a
formulating process) of: (1) tri- or
tetrachlorophenol, or of intermediates used to
produce their pesticide derivatives, excluding
wastes from the production of Hexachlorophene
from highly purified 2,4,5-trichlorophenol (F020);
(2) pentachlorophenol, or of intermediates used to
produce its derivatives (ie., F021); (3) tetra-,
IV 124
FOR USEBY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory, or regulatory requirements are in any way altered by any
statements) contained herein.
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Land Disposal Restrictions Checklist
.OSWER Dir. No. 9938.02(b)
~
Waste Code
Treatment Subcategory
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate
Treat
Store
Dispose
penta-, or hexachlorobenzenes under alkaline
conditions (i.e., F022); and from the production of
materials on equipment previously used for the
production or manufacturing use (as a reactant.
chemical intermediate, or component in a
formulating process) of: (1) tri- or
tetrachlorophenols, excluding wastes from
equipment used only for the production of
Hexachlorophene from highly purified 2,4,5-
trichlorophenol (F023); (2) tetra-, penta-, or
hexachlorobenzenes under alkaline conditions
(i.e., F026).
K001
Bottom sediment sludge from the treatment of
wastewaters from wood preserving processes that
use creosote and/or pentachlorophenol.
K002
Wastewater treatment sludge from the production
of chrome yellow and orange pigments.
K003
Wastewater treatment sludge from the production
of molybdate orange pigments.
K004
Wastewater treatment sludge from the production
of zinc yellow pigments.
K005
Wastewater treatment sludge from the production
of chrome green pigments.
K006
Wastewater treatment sludge from the production
of chrome oxide green pigments (anhydrous).
K006
Wastewater treatment sludge from the production
of chrome oxide green pigments (hydrated).
K007
Wastewater treatment sludge from the production
of iron blue pigments.
K008
Oven residue from the production of chrome
oxide green pigments.
K009
Distillation bottoms from the production of
acetaldehvde from ethylene.
K010
Distillation side cuts from the production of
acetaldehyde from ethylene.
IV-125
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statements) contained herein.
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Land Disposal Restrictions Checklist
OSWER Dir. No. 9938.02(b)
~
Waste Code
Treatment Subcategoiy
Wastewater
Non-
' Wastewater
(S)oil or
(D)ebri
s
Generate
Treat
Store
Dispose
KOI 1
Bottom stream from the wastewater stripper in the
production of acrylonitrile.
K013
Bottom stream from the acetonitrile column in the
production of acrylonitrile.
K014
Bottoms from the acetonitrile purification column
in the production of acrylonitrile.
KOI 5
Still bottoms from the distillation of benzyl
chloride.
K016
Heavy ends or distillation residues from the
production of carbon tetrachloride.
KOI 7
Heavy ends (still bottoms) from the purification
column in the production of epichlorohydrin.
K018
Heavy ends from the fractionation column in ethyl
chloride production.
K019
Heavy ends from the distillation of ethylene
dichloride in ethylene dichloride production.
K020
Heavy ends froih the distillation of vinyl chloride
in vinyl chloride monomer production.
K021
Aqueous spent antimony catalyst waste from
fluoromethanes production.
K022
Distillation bottom tars from the production of
phenol/acetone from cumene.
K023
Distillation light ends from the production of
phthalic anhydride from naphthalene.
K024
Distillation bottoms from the production of
phthalic anhydride from naphthalene.
K025
Distillation bottoms from the production of
nitrobenzene by the nitration of benzene.
K026
Stripping istill tails from the production of methyl
ethyl pyridines.
K027
Centrifuge and distillation residues from toluene
diisocyaniate production.
K028
Spent catalyst from the hydrochlorinator reactor in
the production of 1,1,1-trichloroethane.
K029
Waste from the product steam stripper in the
IV-126
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statement(s) contained herein.
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Land Disposal Restrictions Checklist
OSWER Dir. No. 9938.02(b)
~
Waste Code
Treatment Subcategoiy
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate
Treat
Store
Dispose
production of 1,1,1-trichloroethane.
K030
Column bodies or heavy ends from the combined
production of trichloroethylene and
perchloroethylene.
K03t
By-product salts generated in the production of
MSMA and cacodylic acid.
K032
Wastewater treatment sludge from the production
of chlordane.
K033
Wastewater and scrub water from the chlorination
of cyclopentadiene in the production of chlordane.
K034
Filter solids from the filtration of
hexachlorocyclopentadiene in the production of
chlordane.
K035
Wastewater treatment sludges generated in the
production of creosote.
K036
Still bottoms from toluene reclamation distillation
in the production of disulfoton.
K037
Wastewater treatment sludges from the
production of disulfoton.
K038
Wastewater from the washing and stripping of
phorate production.
K039
Filter cake from the filtration of
diethylphosphorodithioc acid in the production of
phorate. —
K040
Wastewater treatment sludge from the production
of phorate.
K041
Wastewater treatment sludge from the production
of toxaphene.
K042
Heavy ends or distillation residues from the
distillation of tetrachlorobenzene in the
production of 2,4,5-T.
K043
2,6-Dichlorophenol waste from the production of
2,4-D.
K044
Wastewater treatment sludges from the
manufacturing and processing of explosives.
IV-127
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statements) contained herein.
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Land Disposal Restrictions Checklist OSWER Dir. No. 9938.02(b)
~
Waste Code
Treatment Subcategory
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate
Treat
Store
Dispose
K045
Spent carbon from the treatment of wastewater
containing explosives.
K046
Wastewater treatment sludges.from the
manufacturing, formulation and loading of lead-
based initiating compounds.
K047
Pink/red water from TNT operations.
K048
Dissolved air flotation (DAF) float from the
petroleum refining industry.
K049
Sop oil emulsion solids from the petroleum
refining industry.
K050
Heat exchanger bundle cleaning sludge from the
petroleum refining industry.
K0.5/1
API separator sludge from the petroleum refining
industry.
K052
Tank bottoms (leaded) from the petroleum
refining industry.
'
K060
Ammonia still lime sludge from coking
operations.
K061
Emission control dust/siudge from the primary
production of steel in electric furnaces.
K062
Spent pickle liquor generated by steel finishing
operations of facilities within the iron and steel
industry (SIC Codes 331and 332).
K069
Emission control dust/sludge from secondary
lead smelting - Calcium Sulfate (Low Lead)
Subcategory.
K069
Emission control dust/sludge from secondary
lead smelting - Non-Calcium Sulfate (High Lead)
Subcategory.
K07I
K071 (Brine purification muds from the mercury
cell process in chlorine production, where
separately prepurified brine is not used)
nonwastewaters that are residues from RMERC.
K071
K071 (Brine purification muds from the mercury
cell process in chlorine production, where
-
IV-128
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or regulatory requirements are In any way altered by any
statement^) contained herein.
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Land Disposal Restrictions Checklist
OSWER Dir. No: 9938.02(b)
~
Waste Code
Treatment Subcategory
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate
t
Treat
Store
Dispose
separately prepurified brine is not used)
nonwastewaters that are not residues from
RMERC.
K071
All K071 wastewaters.
K073
Chlorinated hydrocarbon waste from the
purification step of the diaphragm cell process
using graphite anodes in chlorine production.
• ,
.
K083
Distillation bottoms from aniline production.
K084
Wastewater treatment sludges generated during
the production of veterinary pharmaceuticals from
arsenic or organo-arsenic compounds.
K085
Distillation or fractionation column bottoms from
the production of chlorobenzenes.
K086
Solvent wastes and sludges, caustic washes and
sludges, or water washes and sludges from
cleaning tubs and equipment used in the
formulation of ink from pigments, driers, soaps,
and stabilizers containing chromium and lead.
K087
Decanter tank tar sludge from coking operations.
K088
Spent potliners from primary aluminum
reduction.
' K093
Distillation light ends from the production of
phthalic anhydride from ortho-xylene-
K094
Distillation bottoms from the production of
phthalic anhydride from ortho-xylene.
K095
Distillation bottoms from the production of 1,1,1-
trichloroethane.
K096
Heavy ends from the heavy ends column from the
production of 1,1,1-trichloroethane.
K097
Vacuum striper discharge from the chlordane
chlorinator in the production of chlordane.
K098
k
Untreated process wastewater from the
production of toxaphene.
K099
Untreated wastewater from the production of 2.4-
D.
IV-129
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statements) contained herein.
-------
Land Disposal Restrictions Checklist OSWER Dir. No. 9938.02(b)
Yv
Waste Code
Treatment Subcategory
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate
Treat
Store
Dispose
K100
Waste leaching solution from acid leaching of
emission control dust/sludge from secondary lead
smelting.
K101
Distillation tar residues from the distillation of
aniline-based compounds in the production of
veterinary pharmaceuticals from arsenic or
organo-arsenic compounds.
K102
Residue from the use of activated carbon for
decolorization in the production of veterinary
pharmaceuticals from arsenic or organo-arsenic
compounds.
KI03
Process residues from aniline extraction from the
production of aniline.
K104
Combined wastewater streams generated from
nitrobenzene/aniline production.
K105
Separated aqueous stream from the reactor
product washing step in the production of
chlorobenzenes.
K106
K1G6 (wastewater treatment sludge from the
mercury cell process in chlorine production)
•nonwastewaters that contain greater than or equal
to 260 mg/kg total mercury.
K106
K106 (wastewater treatment sludge from the
mercury cell process in chlorine production)
nonwastewaters that contain less than 260 mg/kg
total mercury that are residues from RMERC.
K106
Other K106 nonwastewaters that contain less than
260 mg/kg total mercury and are not residues
from RMERC.
KI06
All K106 wastewaters.
K107
Column bottoms from product separation from
the production of 1,1 -dimethylhydrazine (UDMH)
from carboxylic acid hydrazides.
-
K108
Condensed column overheads from product
separation and condensed reactor vent gases from
IV-130
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statements) contained herein.
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Land Disposal Restrictions Checklist
OSWER Dir. No. 9938.02(b)
J
Waste Code
Treatment Subcategory
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Cenerate
Treat
Store
Dispose
the production of 1,1-dimethylhydrazide (UDMH)
from carboxylic acid hydrazides.
K109
Spent filter cartridges from product purification
from the production of 1,1-dimethylhydrazine
(UDMH) from carboxvlic acid hydrazides.
K110
Condensed column overheads from intermediate
separation from the production of 1.1-
dimethylhydrazine (UDMH) from carboxylic acid
hydrazides.
Kill
Product washwaters from the production of
dinitrotoluene via nitration of toluene.
K1I2
Reaction by-product water from the diying
column in the production of toluenediamine via
hydrogenation of dinitrotoluene.
K113
Condensed liquid light ends from the purification
of toluenediamine in the production of
toluenediamine via hydrogenation of
dinitrotoluene.
K114
Vicinals from the purification of toluenediamine in
the production of toluenediamine via
hydrogenation of dinitrotoluene.
K115
Heavy ends from the purification of
toluenediamine in the production of
toluenediamine via hydrogenation of
dinitrotoluene.
-
K116
Organic condensate from the solvent recovery
column in the production of toluene diisocyanate
via phosgenation of toluenediamine
K117
Wastewater from the reactor vent gas scrubber in
the production of ethylene dibromide via
bromination of ethene.
K118
Spent absorbent solids from purification of
ethylene dibromide in the production of ethylene
dibromide via bromination of ethene.
K123
Process wastewater (including supemates,
IV-131
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statements) contained herein.
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Land Disposal Restrictions Checklist
OSWER Dir. No. 9938.02(b)
~
Waste Code
Treatment Subcategory
•Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate
Treat
Store
Dispose
filtrates, and washwaters) from the production of
ethylenebisdithiocarbamic acid and its salts.
K124
Reactor vent scrubber water from the production
of ethylenebisdithiocarbamic acid and its salts.
K125
Filtration, evaporation, and centrifugation solids
from the production of ethylenebisdithiocarbamic
acid and its salts.
K126
Baghouse dust and floor sweepings in milling and
packaging operations from the production or
formulation of ethylenebisdithiocarbamic acid and
its salts.
• •
KI3I
Wastewater from the reactor and spent sulfuric
acid from the acid diyer from the production of
methyl bromide.
K132
Spent absorbent and wastewater separator solids
from the production of methyl bromide.
K136
Still bottoms from the purification of ethylene
dibrornide in the production of ethylene
dibromide via bromination of ethene.
K141
Process residues from the recovery of coal, tar,
including, but not limited to, collecting sump
residues from the, production of coke, or the
recovery of coke by-products produced from coal.
This listing does not include K087 (decanter tank
tar sludge from coking operations).
K142
Tar storage tank residues from the production of
coke from coal or from the recovery of coke by-
products produced from coal.
K143
Process residues from the recovery of light oil,
including, but not limited to, those generated in
stills, decanters, and wash oil recoveiy units from
the recoveiy of coke by-products produces from
coal.
K144
Wastewater sump residues from light oil refining,
including, but not limited to, intercepting or
IV 132
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statements) contained herein.
-------
Land Disposal Restrictions Checklist
OSWER Dir. No. 9938.02(b)
J
Waste Code
Treatment Subcategory
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate
Treat
Store
Dispose
contamination sump sludges from the recoveiy of
coke by-products produces from coal.
K145
Residues from naphthalene collection and
recovery operations from the recovery of coke by-
products produced from coal.
K147
Tar storage tank residues from coal tar refining.
K148
Residues from coal tar distillation, including, but '
not limited to, still bottoms.
K149
Distillation bottoms from the production of alpha-
(or methyl-) chlorinated toluenes, ring-chlorinated
toluenes, benzoyl chlorides, and compounds with
mixtures of these functional groups. (This waste
does not include still bottoms from the distillation
of benzyl chloride.).
K150
Organic residuals, excluding spent carbon
adsorbent, from the spent chlorine gas and
hydrochloric acid recovery processes associated
with the production of alpha- (or methyl-)
chlorinated toluenes, ring-chlorinated toluenes,
benzoyl chlorides, and compounds with mixtures
of these functional groups.
K151
Wastewater treatment sludges, excluding
neutralization and biological sludges, generated
during the treatment of wastewaters from the
production of alpha- (or methyl-) chlorinated
toluenes, ring-chlorinated toluenes, benzoyl
chlorides, and compounds with mixtures of these
functional groups.
K156
Organic waste (including heavy ends, still
bottoms, light ends, spent solvents, filtrates, and
decantates) from the production of carbamates
and carbamoyl oximes.
K157
Wastewaters (including scrubber waters,
condenser waters, washwaters, and separation
waters) from the production of carbamates and
carbamoyl oximes.
IV-133
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statement(s) contained herein.
-------
Land Disposal Restrictions Checklist
OSWER Dir. No. 9938.02(b)
: V;':
Waste Code
Treatment Subcategory
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate
Treat
Store
Dispose
K158
Baghouse dusts and filter/separation solids from
the production of carbamates and carbamoyl
oximes.
K159
Organics from the treatment of thiocarbamate
wastes.
K160
Solids (including filter wastes, separation solids,
and spent catalysts) from the production of
thiocarbamates and solids from the treatment of
thiocarbamate wastes..
K161
Purification solids (including filtration,
evaporation, and centrifugation solids). baghouse
dust and floor sweepings, from the production of
dithiocarbamate acids and their salts.
1?001
Warfarin & salts when present at concentrations
greater than 0.3%.
P002
1-Acetyl-2-thlourea
P003
Acrolein
P004
Aldrin
P005
Allyl alcohol
P006
Aluminum phosphide
P007
5-AminOmethyl 3-isoxazolol
P008
4-Aminopyridine
P009
Ammonium picrate
POIO
Arsenic acid
P011
Arsenic pentoxide
P012
Arsenic trioxide
P013
Barium cyanide
P014
Thiophenol (Benzene thiol)
P015
Beryllium dust
P016
Dichloromethyl ether (Bis(chloromethyl)ether)
P017
BrOmoacetone
P018
Brucine
P020
2-sec-Butyl-4,6-dinitrophenol (Dinoseb)
P021
Calcium cyanide
P022
Carbon disulfide
IV-134
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statements) contained herein.
-------
Land Disposal Restrictions Checklist
OSWKR Dir. No. 9938.02(b)
~
Waste Code
Treatment Subcategory
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate
Treat
Store
Dispose
P023
Chloroacetaldehyde
P024
p-Chloroaniline
P026
l-(o-Chlorophenyl)thiourea
P027
3-Chloropropionitrile
P028
Benzyl Chloride
P029
Copper cyanide
P030
Cyanides (soluble salts and complexes)
P031
Cyanogen
P033
Cyanogen chloride
P034
2-Cyclohexly-4,6-dinitrophenol
P036
Dichlorophenylarsine
P037
Dieldrin
•
P038
Diethylarsine
P039
Disulfoton
P040
0,0-Diethyl O-pyrazinyl phosphorothioate
P041
Diethyl-p-nitrophenyl phosphate
P042
Epinephrine
P043
Diisopropylfluorophosphate (DFP)
P044
Dimethoate
P045
Thiofanox
P046
alpha, alpha-Dimethylphenethylamine
-
P047
4.6-Dinitro-o-cresol
P047
4,6-Dinitro-o-cresol salts
P048
2,4-Dinitrophenol
P049
Dithiobiuret
P050
Endosulfan
P051
Endrin
P054
Aziridine .
P056
Fluorine
P057
Fluoroacetamide
P058 -
Fluoroacetic acid, sodium salt
P059
Heptachlor
P060
Isodrin
P062
Hexaethyl tetraphosphate
IV-135
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statement{s) contained herein.
-------
Land Disposal Restrictions Checklist
OSWER Dir. No. 9938.02(b)
.
Waste Code
Treatment Subcategoiy
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
is
Generate
Treat
Store
Dispose
P063
Hydrogen cyanide
P064
Isocyanic acid, ethyl ester
P0.65
Mercury fulminate nonwastewaters, regardless of
their total mercury content, that are not
incinerator residues or are not residues from
RMERC.
P065
Mercury fulminate nonwastewaters that are either
incinerator residues or are residues from RMERC,
and contain greater or equal to 260 mg/kg total
mercury.
P065
Mercury fulminate nonwastewaters that are
residues from RMERC and contain less than 260
mg/kg total mercury.
P065
Mercury fulminate nonwastewaters that are
incinerator residues and contain less than 260
mg/kg total mercury.
R065 "
AH mercury fulminate wastewaters
P066
Methomyl
P067
2-Methyl-aziridihe
P068
Methyl hydrazine
P069
2-Methyllactonitrile
P070
Aldicarb
P07I
Methyl parathion
P072
1 -Naphthyl-2-thiourea
P073
Nickel carbonyl
P074
Nickel cyanide
P075
Nicotine and salts
P076
Nitric oxide
P077
p-Nitroaniline
P078
Nitrogen dioxide
P081
Nitroglycerin
P082
N-Nitrosodimethylamine
P084
N-Nitrosomethylvinylamine
P085
Octamethylpyrophosphoramide
P087
Osmium tetroxide
IV-136
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statements) contained herein.
-------
Land Disposal Restrictions Checklist
OSWKR Dir. No. 9938.02(b)
Waste Code
Treatment Subcategory
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate
Treat
Store
Dispose
P088
Endothall
-
P089
Parathion
P092
Phenyl mercuric acetate nonwastewaters,
regardless of their total mercury content, that are
not incinerator residues or are not residues from
RMERC.
P092
Phenyl mercuric acetate nonwastewaters that are
either incinerator residues or are residues from
RMERC; and still contain greater than or equal to
260 mg/kg total mercury.
P092
Phenyl mercuric acetate nonwastewaters that are
residues from RMERC and contain less that 160
mg/kg total mercury.
P092
Phenyl mercuric acetate nonwastewaters that are
incinerator residues and contain less than 260
mg/kg total mercury.
P092
AH phenyl mercuric acetate wastewaters.
P093
Phenylthiourea
P094
Phorate
P095
Phosgene
P096
Phosphine
P097
Famphur
P098
Potassium cyanide
P099
Potassium silver cyanide
P101
Ethyl cyanide (Propanenitrile)
PI 02
Propargyl alcohol
PI 03
Selenourea
PI 04
Silver cyanide
PI 05
Sodium azide
P106
Sodium cyanide
PI 08
Strychnine and salts
PI 09
Tetraethyldithiopyrophospate
\
PI 10
Tetraethyl lead
Pill
Tetraethylpyrophospate
PI 12
Tetranitromethane
IV-137
¦FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statement^) contained herein.
-------
Land Disposal Restrictions Checklist
OSWER Dir. No. 9938.02(b)
¦ J
Waste Code
Treatment Subcategory
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate
Treat
Store
Dispose
PI 13
Thallic oxide
¦ -
PI 14
Thallium selenite
PI 15
Thallium (1) sulfate
PI 16
Thiosemicarbazide
PI 18
Trichloromethanethiol
Pi 19
Ammonium vanadate
i " -i
PI 20
Vanadium pentoxide
PI 21
Zinc cyanide
P122
Zinc phosphide Z113P2. when present at
concentrations greater than 10%.
PI 23
Toxaphene
PI 27
Carbofuran
PI 28
Mexacarbate
PI 85
Tirpate
¦ i
P188
Physostigimine salicylate
'
P189
Carbosulfan
PI 90
Metolcarb
P191
Dimetilan
PI 92
Isolan
PI 94
Oxamyl
P196
Manganese dimethyldithiocarbamate
PI 97
Formparanate
7 :-1
P198
Formetanate hydrochloride
PI 99
Methiocarb
P201
Promecarb
•P202
M-Gumenyl methylcarbamate
P203
Aldicarb sulfone
P204
Physostigmine
P205
Ziram
U001
Acetaldehyde
U002
Acetone
U003
Acetonitrile
-
U004
Acetophenone
U005
2-Acetylaminofluorene
" '
IV-138
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statements) contained herein.
-------
Land Disposal Restrictions Checklist
OSWER Dir. No. 9938.02(b)
J
>
Waste Code
Treatment Subcategory
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate
1
Treat
Store
Dispose
U006
Acetyl chloride
U007
Acrylamide
U008
Acrylic acid
U009
Acrylonitrile
UQ10
Mitomycin G
U011
Amitrole
U012
Aniline
U014
Auramine
U015
Azaserine
L/016
Benz(c)acridine
U017
Benzal chloride
U018
Benz(a)anthracene
U019
Benzene
U020
Benzenesulfonyl chloride
U021
Benzidine
U022
Benzo(a)pyrene
U023
Benzotrichloride
. U024
bis (2-Chloroethoxy) methane
U025
bis (2-Chloroethyl)ether
.
i
U026
Chlornaphazine
-U027
bis(2-Chloroisopropyl)ether
U028
bis(2-Ethvlhexvl) phthalate
U029
Methyl bromide (Bromomethane)
U030
4-Bromophenyl phenyl ether
U031
n-Butyl alcohol
U032
Calcium chromate
-
U033
Carbon oxyfluoride
U034
Trichloroacetaldehyde (Chloral)
U035
Chlorambucil
U036
Chlordane
U037
Chlorobenzene
U038
Chlorobenzilate
U039
p-Chloro-m-cresol
U041
Epichlorohydrin (l-Chloro-2,3-epoxypropane)
IV-139
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statement^) contained herein.
-------
Land Disposai Restrictions Checklist
OSWER Dir. No. 9938.02(b)
T
Waste Code
Treatment Subcategory
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate
Treat
Store
Dispose
U042
2-Chloroethvl vinyl ether
U043
Vinyl chloride
U044
Chloroform
U045
Chloromethane (Methyl chloride)
U046
Chlorbmethyl methyl ether
U047
2-Chloronaphthalene
U048
2-Chlorophenol
U049
4-Chloro-o-toluidine hydrochloride
U050
Chrysene
U051
Creosote
' ' 1
U052
Cresols (Cresylic acid)
U053
Crotonaldehyde
U055
Cumene !
U056
Cyclohexane .
U057
Cyclohexanone
U058
Cyclophosphamide
U059
Daunomycin
U060
DDD
U061
DDT
U062
Diallate
U063
Dibenz(a,h)anthracene
U064
Dibenz(a,i)pyrene
U066
1,2-Dibromo-3-chloropropane
U067
Ethylene dibromide (1,2-Dibromoethane)
U068
Dibromomethane
U069
Di-n-butyl phthalate
U070
o-Dichlorobenzene
U071
m-Dichlorobenzene
U072
p-Dichlorobenzene
U073
3,3'-Dichloroberizidine
U074
1,4-Dichloro-2-butene
U075
Dichlorodifluoromethane
U076
1,1-Dichloroethane •
U077
1,2-Dichloroethane
IV-140
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statement^) contained herein.
-------
Land Disposal Restrictions Checklist
OSWER Dir. No. 9938.02(b)
y
Waste Code
Treatment Subcategory
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate
Treat
Store
Dispose
U078
1,1 -Dichloroethylene
U079
1,2-Dichloroethylene
U080
Methylene chloride
U081
2,4-Dichlorophenol
U082
, 2,6-Dichlorophenol
U083
1,2-Dichldropropane
U084
1,3-Dichloropropylene
U085
1.2:3,4-Diepoxybutane
U086
N,N'-Diethylhydrazfne
U087
O.O-Diethyl S-methyldithiophosphate
U088
Diethyl phthalate
U089
Diethyl stilbestrol
U090
Dihydrosafrole
U091
3,3'-Dimethoxybenzidine
U092
Dimethylamine
U093
p- Dimethylaminoazobenzene
U094
7,12-Dimethylbehz(a)anthracene
U095
3,3'-Dimethylbenzidine
U096
alpha, alpha-Dimethyl benzyl hydroperoxide
U097
Dimethylcarbamoyl chloride
U098
1,1-Dimethylhydrazine
U099
1,2-Dimethylhydrazine
U101
2,4-Dimethylphenol
U102
Dimethyl phthalate
U103
Dimethyl sulfate
U105
2,4-Dinitrotoluene
U106
2,6-Dinitrotoluene
U107
Di-n-octyl phthalate
U108
1,4-Dioxane
U109
1,2-Diphenylhydrazine
uno
Dipropylamine
Ulll
Di-n-propylnitrosamine
U112
Ethyl acetate
U113
Ethyl acrvlate
¦ .
( IV-141
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statements) contained herein.
-------
Land Disposal Restrictions Checklist
OSWER Dir. No. 9938.02(b)
~
Waste Code
Treatment Subcategory
Wastewater
Non-
Wastewater
(S)oil or
(D)ebrl
s
Generate
Treat
Store
Dispose
U114
Ethylenebisdithiocarbamic acid salts and esters
U115
Ethylene oxide
U116
Ethylene thiourea
U117
Ethyl ether
U118
Ethyl methacrylate
una
Ethyl methane sulfonate
U120
Fluoranthene
U121
TriGhloromonofluorbniethane
U122
Formaldehyde
U123
Formic acid
U124
Furan
U125
Furfural
U126
Glycidylaldehyde
UI27
Hexachlorobenzene
U128
Hexachlorobutadiene
C/129
Lindane
U130
Hexachlorocyclopentadiene
b'1.3.1
Hexachloroethane
U132
Hexachlorophene
b'133
Hydrazine
U134
Hydrogen fluoride
U135
Hydrogen Sulfide
U136
Cacodylic acid
U137
Indeno(l,2,3-c,d)pyrene
U138
Iodomethane
U140
Isobutyl alcohol
U141
Isosafrole
UJ42
Kepone
U143
Lasiocarpine
Ul'44
Lead acetate
U145
Lead phosphate
U146
Lead subacetate
U147-
Maleic anhydride
' .
IV-142
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statements) contained herein.
-------
Land Disposal Restrictions Checklist
OSWER Dir. No. 9938.02(b)
~
Waste Code
Treatment Subcategory _
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate
Treat
Store
Dispose
U148
Maleic hydrazide
U149
Malononitrile
U150
Melphalan
U151
U151 (mercury) nonwastewaters that contain
greater than or equal to 260 rag/kg total mercury.
U151
UI51 (mercuiy) nonwastewaters that contain less
than 260 mg/kg total mercury and that are
residues from RMERC only.
'
U151
U151 (mercuiy) nonwastewaters that contain less
than 260 mg/kg total mercury and that are hot
residues from RMERC.
U151
All U151 (mercury) wastewaters.
UI51
Elemental Mercury Contaminated with
Radioactive Materials
U152
Methacrylonitrile
U153
Methanethiol
U154
Methanol
U155
Methapyrilene
U156
Methyl chlorocarbonate
UI57
3-Methylcholanthrene
U158
4,4'-Methylene bis(2-chloroaniline)
U159
Methyl ethyl ketone
U160
Methyl ethyl ketone peroxide
U161
Methyl isobutyl ketone
U162
Methyl methaciylate
U163
N-Methyl N'-nitro N-nitrosoguanidine
U164
Methylthiouracil
U165
Naphthalene
U166
1.4-N aphthoq uinone
U167
1 -Naphthlyamine
U168
2-Naphthlyamine
U169
Nitrobenzene
U170
p-Nitrophenol
U171
2-Nitropropane
FOR USE BY EPA INSPECTION PERSONNEL ONLY.
IV-143
This manual Is intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statement^) contained herein.
-------
Land Disposal Restrictions Checklist
OSWER Dir. No. 9938.02(b)
~
Waste Code
Treatment Subcategory
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate
Treat
Store
Dispose
U172
N-Nitrosodi-n-butvlamine
•
U173
N-Nitrosodiethanolamine
U174
N-Nitrosodiethylamine
U176
N-Nitroso-N-ethyluirea
U177
N-Nitroso-N-methylurea
UI78
N-N itroso-N-methylure thane
U179
N-Nitrosopiperidirie
U180
N-Nitrosopyrrolidine
U181
5-Nitro-o-toIuidine
U182
Paraldehyde
U183
Pentachlorobenzene
U184
Pentachloroethane
U185
Pentachloronitrobenzene
U186
1,3-Pentadiene
U187
Phenacetin
' '
U188
Phenol
.
U189
Phosphorus sulfide
U190
Phthalic anhydride (measured as Phthalic acid or
Terephthalic acid)
U191
2-Picoline
U192
Pronamide
U193
1,3-Propane sultone
U194
n-Propylamine
U196
Pyridine
0197
p-Benzoquinone
U200
Reserpine
LJ201
Resorcinol
U202
Saccharin and salts
U203
Safrole
U204
Selenium dioxide
U205
Selenium sulfide
U206
Streptozotocin
U207
1,2,4,5-Tetrachlorobenzene
U208
1,1.1,2-Tetxachloroethane
IV 144
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory requirements are in anyway altered by any
statements) contained herein.
-------
Land Disposal Restrictions Checklist
OSWER Dir. No. 9938.02(b)
T
Waste Code
Treatment Subcategory
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate
Treat
Store
Dispose
U209
1,1,2,2-Tetrachloroethane
'
U210
Tetrachloroethylene
U211
Carbon tetrachloride
U213.
Tetrahydrofurah
U214
Thallium (I) acetate
U215
.Thallium (I) carbonate
U216
Thallium (I) chloride
U217
Thallium (I) nitrate
U218
Thioacetamide
U219
Thiourea
U220
Toluene
U221
Toluenediamine
U222
o-Toluidine hydrochloride
U223
Toluene diisocyanate
- U225
Bromoform (Tribromomethane)
U226
1,1,1-Trichloroethane
U227
1,1,2-Trichloroethane
¦U228
Trichloroethylene
U234
1,3,5-Trinitrobenzene
U235
tris-(2,3-Dibromopropyl)-phosphate
U236
Trypan Blue
U237
Uracil mustard
U238
Urethane (Ethyl carbamate)
U239
Xylenes
U240
2,4-D (2,4-Dichlorophenoxyacetic acid)
2,4-D (2,4-Dichlorophenoxyacetic acid) salts and
esters
U243
Hexachloropropylene
U244
Thiram
U246 "
Cyanogen bromide
U247
Methoxychlor
U248
Warfarin, & salts, when present at concentrations
of 0.3% or less
•
U249
Zinc phosphide, Zn3P2, when present at
IV-145
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statement(s) contained herein. -
-------
Land Disposal Restrictions Checklist
OSWER Dir. No. 9938.02(b)
y
Waste Code
Treatment Subcategoiy
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate
Treat
Store
Dispose
concentrations of 10% or less
U271
Benom yl
U277 .
Sulfallate
U279
Carbaryl
U280
Barban
U328
o-Toluidine
U353
p-Toluidine
13359.
2-Ethoxyethanol
U360 ,
Carbamates, N.O.S.
U361
Carbamoyl Oximes, N.O.S.
U362
Thiocarbamates, N.O.S.
U363
Dithiocarbamates (total)
Antimony
Lead
Nickel
Selenium
U364
Bendiocarb phenol <
U365
Molinate
U366
Dithiocarbamates (total)
-
U367
Carbofuran phenol
U368
Dithiocarbamates (total)
Antimony
U369
Dithiocarbamates (total)
Antimony
U370
Dithiocarbamates (total)
U371
Hexaizinone intermediate
U372
Carbendazim
U373
Propham
U374
U9069
U375
Troysan Polyphase
13376
Dithiocarbamates (total)
Selenium
U377
Dithiocarbamates (total)
0378
Dithiocarbamates (total)
IV-146
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statement^) contained herein.
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Land Disposal Restrictions Checklist
OSWER Dir. No. 9938.02(b)
~
Waste Code
Treatment Subcategory
Wastewater
Non-
Wastewater
(S)oil or
(D)ebri
s
Generate
Treat
Store
Dispose
U379
Dithiocarbamates (total)
U380
Dithiocarbamates (total)
U381
Dithiocarbamates (total)
1
U382
Dithiocarbamates (total)
U383
Dithiocarbamates (total)
U384
Dithiocarbamates (total)
U385
Vemolate
U386
Cycloate
U387
Prosulfocarb
U388
Esprocarb
U389
Triallate
U390
Eptam
U391
Pebulate
U392
Butylate
U393
Dithiocarbamates (total)
U394
A22I3
U395
Reactacrease 4-DEG
U396
Ferbam
U397
Dithiocarbamates (total)
Lead
U398
Dithiocarbamates (total)
-
U399
Dithiocarbamates (total)
Nickel
U400
Dithiocarbamates (total)
U401
Dithiocarbamates (total)
U402
Dithiocarbamates (total)
U403
Dithiocarbamates (total)
U404
Triethylamine
U405
Dithiocarbamates (total)
U406
Dithiocarbamates (total)
U407
Dithiocarbamates (total)
U408
2,4,6-Tribromophenol
-
IV-147
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statement(s) contained herein. • _
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Land Disposal Restrictions Checklist
OSWER Dir. No. 9938.02(b)
IV-148
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or regulatory requirements are in any way altered by any
statements) contained herein.
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Landfills Checklist
OSWER Dir. No. 9938.02(b)
10. Landfills Checklist
Section A - Design Requirements (40 CFR 264/5.301) Yes No
1. Does landfill have two or more liners and a leachate collection
system between the liners? (§264.301 (c)), (§265.301 (a))
2. Did owner/operator notify Regional Administrator 60 days prior to .
receiving waste? (§265.301(b))
3. If landfill does not have two liners and a leachate collection system,
did owner/operator adequately demonstrate to the Regional
Administrator that alternate design and operation prevents
migration of hazardous constituents? (§264.301 (d)), (§265.301 (a))
4. If no double liner exists, does landfill fall into one of the following
exemption categories: (§264.301(e)), (§265.301(d))
a. Monofill only holds wastes from foundry furnace emission
controls or metal casting molding sand?
AND
b. Monofill has at least one liner and there is no evidence that
liner is leaking; the monofill is more than 14 miles from an
underground source of drinking water; and has ground-
water monitoring?
OR
c. Owner/operator demonstrates that monofill is located,
designed, and operated to prevent migration of hazardous
constituents?
5. If landfill does nol. have two liners and a leachate collection system,
does it have at least one liner, for all existing portions?
(§264.301 (a)), (§265.301(c)) _
a. If yes, does this liner provide for the following:
1. Prevent migration of wastes out of landfill to
' subsurface soil, ground water, and surface water?
(Part 264) _
2. A leachate collection and removal system
immediately above the liner constructed to be
chemically resistant to the waste and strong enough
not to collapse under pressure? (Part 264)
6. If owner/operator does not comply with No. 5 above, is he exempt
after demonstrating to the Regional Administrator that alternate
design and operation prevents migration of hazardous
constituents? (§264.301(d)),(§265.301(c)) _
IV-149
FOR USF. BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements arc in any way altered by any.statement(sj contained herein.
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Landfills Checklist
OSWER Dir. No. 9938.02(b)
SectionB - Operating Requirements (40 CFR 264.301(g). (h). (1). and
(40 CFR 265.301(0. fg). (h). and (0)
1. Are run-on controls preventing flow onto the active portion of the Yes No
landfill?
2. Is runoff collected and controlled?
3. Are collection and holding facilities emptied after storms?
4. Is the landfill managed so that wind dispersal is controlled?
Section C - Monitoring and Inspection (40 CFR 264.303)
1. Are liners inspected for defects during and after construction?
2. Are landfills inspected weekly and after storms for defects?
Section D - Surveying and Recordkeeping (40 CFR 264/5.309)
1. Does owner/operator retain records at the facility?
a. If yes, are the following maintained:
1. On map, exact location and dimensions, including
depths, of each cell?
2. Contents of each cell and approximate location of
each hazardous waste type within the cell?
Section E - Closure and Post-Closure (40 CFR 264/5.310)
1. is a closure plan kept on site? "
a. Lf yes, does cover provide for the following:
1. Minimizing migration of liquids?
2. Minimum maintenance?
3. Promote drainage; minimize erosion of cover?
4. Accommodate settling and subsidence?
5. Less permeable than bottom liner or natural
subsoils?
IV-150
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
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Landfills Checklist
OSWER Dir. No. 9938.02(b)
b. After final closure, does owner/operator provide for the Yes No
following:
1. Maintain final cover? _
2. Continue to operate leachate collection and removal
system until leachate is no longer collected?
3. Maintain ground-water monitoring?
4. Prevent run-on and runoff from eroding and
damaging cover?
5. Protect and maintain surveyed bench marks?
Section F - Ignitable and Reactive Waste (40 CFR 264/5.312)
1. Are ignitable or reactive wastes placed in the landfill?
a. If yes. do the waste and landfill meet all LDR
requirements?
b. If yes, is waste treated, rendered, or moved before or
immediately after placement so that it is no longer ignitable
or reactive?
2. Are ignitable wastes in containers placed in landfill?
a. If yes, attach a narrative describing how these wastes are
handled to prevent ignition or reaction.
Section G - Incompatible Wastes (40 CFR 264/5.3131
1. Does owner/operator place incompatible wastes in landfill?
2. If yes, is §264/5.17(b) complied with? ;
Section H - Bulk and Containerized Liquids (40 CFR 264/5.314)
1. Does landfill receive any bulk or containerized liquid hazardous
waste? _
a. If yes, have they been added to landfill since May 8, 1985? _
2. Does landfill receive containers of free liquids? _
a. If yes, is. at least one of the following conditions met:
1. Have free-standing liquids been removed by
decanting or other methods: or have they been
mixed with absorbent or solidified? _
2. Are containers ampules? _
3. Is container designed to hold free liquids? _
4. Is container a lab pack? _
rV-151
FOR USK BY EPA INSPECTION PERSONNEL ONI.Y. This manual is intended solely for guidance. No statutory or
...: regulate 17 requirements,are in any way altered by any statement^) contained herein.
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Landfills Checklist
OSWER Dir. No. 9938.02(b)
3. Have containers holding liquids that are not hazardous wastes Yes No
been placed in the landfill since November 8. 1985?
(§264.314(e)), (§265.314(f)) —
a. If yes, is one of the following conditions met:
1. Was the only reasonable alternative to place it in a
landfill or unlined surface impoundment?
2. Did placement not present a risk to contaminating
any underground source of drinking water?
Section I - Container Requirements (40 GFR 264/5.315)
1. Are containers placed in the landfill?
a. If yes, are they either:
1. 90 percent full?
2. Crushed, shredded, or similarly reduced in volume?
Section .1 - Overpacked Drums (40 CFR 264/5.316)
1. Are small containers of hazardous waste placed in landfill?
a. If yes. are the following requirements met:
1. Waste packaged in non-leaking container and
tightly sealed?
b. Containers not overpacked according to DOT regulations?
c. Absorbent material docs not react with waste?
d. Incompatible wastes not placed outside the same container?
e. Reactive waste treated or rendered nonactive before
packaging?
f. Is such disposal in compliance with LDRs?
Section K ¦ F020. F021. F022. F023. F026. and F027 Wastre
(4QCFR3g4/5,3H7)
1. Are these wastes placed in landfill? _
a. If yes, did owner/operator receive permission from the
Regional Administrator to do so?
b. Is documentation of "a" above on file at the facility? ¦
IV-152
FOR USF. BY EPA INSPECTION PERSONNEL ONl.Y. This manual is Intended solely for guidance. No statutory or
regulatory requirements arc in any way altered by any statements) contained herein.
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Land Treatment Checklist
OSWER Dir. No. 9938.02M
11. Land Treatment Checklist
Section A - Treatment Program (40 CFR 264.2711 Yes No
1. Does facility follow an approved land treatment program?
Section B - Treatment Demonstration (40 CFR 264.272)
1. Has owner/operator demonstrated to Regional Administrator that
hazardous wastes used in the program are completely degraded,
transformed, or immobilized in the treatment zone?
Section C - Operating Requirements (40 CFR 264.273).
(40 CFR 265.272)
1. Is run-on diverted away from the land treatment facility?
2. . Is runoff from the land treatment facility collected?
3. Are holding facilities emptied after storms?
4. Is the runoff analyzed to see if it is a hazardous waste?
5. Is the facility managed to control wind dispersal?
6. Is the unit inspected weekly (Part 264)? .
Section P - Waste Analysis (40 CFR 265.273)
1. If the runoff is considered hazardous, how is it handled? (Use
narrative explanation sheet.)
2. If it is not a hazardous waste, is it discharged through a point
source to surface waters?
a. If yes, list NPDES Permit No. __ -
3. What hazardous wastes are treated at the land treatment facility?
Subpart D Listed Wastes Characteristic Wastes (EP Toxicity^
IV 153
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are in any: way altered by any statements) contained herein.
No statutory or
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Land Treatment Checklist OSWER Dir. No. 9938.02(b)
a. For these listed wastes, were analyses done to determine Yes No
thd concentrations of these constituents which caused the
waste to be listed?
1. If yes, what are these concentrations? (Use
narrative explanation sheet.)
b. For those characteristic wastes (EP) toxicity, what, are the
concentrations of the following:
Concentration, mg/liter Waste
Arsenic
Barium
Cadmium
Chromium
Lead
Mercury
Selenium
Silver
Endrin
Lindan
Methoxychlor
Toxphene
2,4-D
2,4.5-TP silvex
Section E - Food Chain Crops (40 CFR 264/5.276)
1. Are food-chain crops grown? _
a. If yes, what are the concentrations of the following in the
soil and vegetation:
Soil concentration. Vegetation concentration,
mg/liter mg/liter
Arsenic
Cadmium
Lead
Mercury
IVM54
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is Intended solely for guidance.
regulatory requirements arc in any way altered by any statements) contained herein.
No statutory or
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Land Treatment Checklist
OSWER Dir. No. 9938.02(b)
2. Did the facility notify Regional Administrator that it is growing ¦ Yes No
food-chain crops? (§265.276(a))
3. Has owner/operator demonstrated that no harm is done to health
or environment? (§264.276(a))
4. Has owner/operator demonstrated that any arsenic, lead, mercury,
or other constituents under 265.273(b) will not be transported to
crops? (§265.276(b))
5. Does the facility treat waste that contains cadmium?
(§264.276(b)), (§265.276(c))
a. If yes, was the pH of the soil and waste mixture 6.5 or
greater at the time of each waste application?
1. If the pH was less than 6.5, did the waste contain
cadmium concentrations of 2 mg/kg or less?
Section F - Unsaturated-Zone Monitoring (40 CFR 264/5.278)
1. Is an unsaturated-zone monitoring plan kept at the facility? ¦
(§265.278(a))
2. Does owner/operator perform the following:
a. Soil monitoring?
b. Soil-pore water monitoring? ;
c. Sample depths below waste incorporation?
d. Background values? (Part 264)
e. Consistent sampling and analysis procedures?
f. Determination of significant changes?
g. Notification when change is found?
3. Does plan include the following: (§265.278(c))
a. Depth of sampling?
b. Number of samples?
c. Frequency and timing of samples?
4. Does owner/operator analyze for hazardous waste constituents?
Section G - Recordkeeping 140 CFR 264/5.279)
1. Are records kept at the facility of:
a. Application dates?
b. Application rates?
c. Quantities?
d. Waste location?
IV-155
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Land Treatment Checklist OSWER Dir. No. 9938.02(b)
Section H - Closure and Post-Closure (40 CFR 264/5.280) Yes No
1. Is a copy of the closure/post-closure plan kept at the facility?
2. Does closure plan address the following: (§265.280(a))
a. Control of the migration of hazardous waste and hazardous
waste constituents from the treated area into the ground
water? (§265.280(a)(1)) __ _
b. Control of the release of contaminated runoff from the
facility into surface water? (§265.280(a)(2))
c. Control of the release of airborne particulate contaminants
caused by wind erosion? (§265.280(a) (3))
d. Compliance with §265.276 concerning the growth of food-
chain crops? (§265.280(a)(4))
3. Does owner/operator ensure the following during closure:
(§264.280(a))
a. Continue all operations necessary to maximize degradation,
transformation, or Immobilization of hazardous
constituents within the treatment zone?
(§264.280(a)(l)) _
b. Minimization of run-off of hazardous constituents?
(§264.280(a)(2))( _
c. Maintenance of run-on controls? (§264.280(a)(3))
d. Maintenance of runoff management system?
(§264.280(a)(4)) _
e. Wind dispersal control? (§264.280(a)(5))
f. Continue to comply with any prohibitions or conditions
concerning growth of food-chain crops?
(8264.280(a)(6)) _
g. Continue unsaturated-zone monitoring in compliance with
§264.278? (§264.280(a)(7)) _
h. Establish a vegetative cover on the portion of the facility
being closed at such time that the cover will not
substantially impede degradation, transformation, or
immobilization of hazardous constituents in the treatment
zone? (§264.280(a)(8)) _
IV 156
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Land Treatment Checklist
OSWER Dir. No. 9938.02(b)
4. During post-closure care, does owner/operator: Yes No
(§264.280(c))
a. Continue all operations (including pH control) necessary to
enhance degradation and transformation and sustain
immobilization of hazardous constituents in the treatment
zone? (§264.280(c)(1)) _
b. Maintain a vegetative cover over closed portions of the
facility? (§264.280(c)(2)) _
c. Maintain the run-on control system required under
§264.273(c)? (§264.280(c)(3))
d. Maintain the runoff management system required under
§264.273(d)? (§264.280(c)(4)) _
e. Control wind dispersal of hazardous waste if required
under §264.273(0? (§264.280(c) (5)) _
f. Continue to comply with any prohibitions or conditions
concerning growth of food-chain crops under §264.276?
(§264.280(c)(6))
g. Continue unsaturated-zone monitoring in compliance with
§264.278? (§264.280(c)(7))
5. Does facility have certification that closure was performed
according to plan? (§265.280(e)) _
a. Was certification submitted to Regional Administrator?
(Part 265) _
6. Does owner/operator continue the following during post-closure?
(§265.280(f))
a. Soil-pore monitoring by collecting and analyzing samples as
specified in the plan? (§265.280(f)(l))
b. Restrict access? (§265.280(0(2)) . _
c. Assure that growth of food-chain crops is in compliance?
(§265.280(f)(3))
d. Control wind dispersal? (§265.280(0(4))
IV 157
I'OR USE BY F.PA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutoiy or
regulatory requirements are in any way altered by any statements) contained herein.
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Land Treatment Checklist
OSWER Dir. No. 9938.02(b)
Section I - Ignitable or Reactive Wastes (40 CFR 264/5.281) Yes No
1. Are ignitable or reactive waste placed in the facility?
a. If yes, are the wastes treated, rendered, or mixed before or
after placement, in the landfill so it is no longer reactive or
ignitable?
b. Describe or attach a copy of treatment.
Section J - Incompatible Wastes (40 CFR 264/5.282)
1. Are incompatible wastes placed in the facility?
a. Are the incompatible wastes placed in different locations in
the facility?
IV-158
FOR USE BY EPAJNSPECTION PERSONNEL ONLY. This manual is-fntended solely for guidance. No statutory or
regulatory, requirements are in any way altered by any statement^) contained herein.
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Surface Impoundments Checklist
OSWER Dir. No. 9938.02(b)
12. Surface Impoundments Checklist
Section A - Design and Operating Requirements (40 CFR 264/5.221) Yes No
1. Does the facility operate one or more surface impoundments?
a. If yes, has owner/operator installed two or more liners and
a leachate collection system for any new units, replacement
of any existing units, or lateral expansion of units?
(§264.221(c)), (§265.221(a)) _
b. Is owner/operator exempt from double-liner leachate
collection system requirements because Regional
Administrator has determined that impoundments design
will prevent the migration of hazardous constituents? _
(§264.221 (d)). (§265.221(a))
c. Did owner/operator notify Regional Administrator 60 days ¦
prior to receiving waste? (§265.221(b))
d. If impoundment does not have a double liner, is it exempt
due to one of the following reasons? (§264.221(e)),
(§264.221(d))
1. Monofill contains only wastes from a foundry
furnace emission controls or metal casting molding
sand
2. Monofill has at least one liner for which there is no
evidence of leaking
3. Monofill is located, designed, and operated to
ensure that no migration of constituents into
ground or surface water occurs
e. Does owner/operator take measures to prevent overtopping
resulting from overfilling; wind arid wave action; rainfall;
run-on; malfunctions of level controllers, alarms, ,and other
equipment; and human error?
(§264.221(g)) _
f. Is impoundment surrounded by dikes? (§264.221(h)) _
Section B - Operating Requirements fS265.221)
1. Does owner/operator maintain at least 60 cm (2 ft) of freeboard
(Part 265)? _
a. If no, does owner/operator have certification by a qualified
engineer?
IV-159
FOR USE BY EPA INSPECTION PERSONNEL ONl.Y. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s) contained herein-
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Surface Impoundments Checklist OSWER Dir. No. 9938.02(b)
Section C - Containment System (40 CFR 265.223V Yes No
1. Do all earthen dikes have a protective cover (e.g., grass, gravel) to
minimize erosion?
Section D - Waste Analysis and Trial Tests (40 CFR 265.225)
1. Are wastes treated in the surface impoundment? (if yes, explain on
a narrative sheet) .
2. Has the owner/operator chemically treated a waste (or plans to)
which is substantially different from previously treated wastes?
3. Has the owner/operator chemically treated a waste (or plans to)
using a process that is substantially different from that previously
used?
4. If yes to 2 or 3 above, have waste analyses and trial treatment tests
been conducted?
a. If not, does owner/operator have written documentation on
similar treatment of similar wastes?
Section E - Monitoring and Inspection (40 CFR 264/5.226)
1. Does owner/operator check freeboard level daily? (Part 265)
2. Are the surface impoundment, dikes, and surrounding vegetation
inspected weekly for deterioration or failures? (Part 265)
3. If regulated under Part 264, does owner/operator:
a. Inspect liners for Imperfections (tears and punctures for
synthetic liners and cracks, root holes, etc., for soil-based
liners) during construction and installations?
b. Inspect the operating impoundment weekly and after
storms to detect evidence of deterioration, malfunction, and
overtopping?
c. Have certification that the dike will withstand stresses
from the amount and type of waste to be held and will not
fail due to cleaning?
IV-160
FOR USE BY EPA INSPECTION PERSONNEL ONl.Y. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s) contained herein. *
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Surface Impoundments Checklist
OSWER Dir. No. 9938.02(b)
Section F - Emergency Repairs. Contingency Plans (40 CFR Yes No
264.2271
1. Does facility have a contingency plan? (§264.227(c))
a. If yes, does plan istipulate that impoundment be removed
from service under the following conditions:
(§264.227(a))
1. Sudden drop in liquid level?
2. Leaking dike?
b. Does plan detail the steps to be followed when removing
impoundment from service, including: (§264.227(b))
1. Shutting off flow into impoundment?
2. Containing any surface leakage?
3. Stopping the leak?
4. Taking measures to prevent catastrophic failure?
5. Notifying Regional Administrator of problems in
writing if leaks cannot be contained?
c. If impoundment was removed from service, did
owner/operator take the necessary precautions to rectify
problems and to obtain certification before restoring
impoundment to service?
(§264.227(d))
d. If impoundment was removed from service and was not
restored to service, was impoundment closed in accordance
with an approved closure plan?
(§264.227(e))
Section G - Closure and Post-Closure (40 CFR 264/5.2281
1. Is a closure plan retained at. the facility?
2. At closure, did owner/operator:
a. Remove standing liquid? (§265.228(a))
b. Remove waste and waste residue? (§265.228(a)(1))
c. Remove liner? (§265.228(a)(l))
d. Remove underlying and surrounding contaminated soil?
(§§264/5.228(a) (1))
rv-161
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Surface Impoundments Checklist
OSWER Dir. No. 9938.02(b)
e. If not, did owner/operator demonstrate to Regional
Administrator that the above materials were
nonhazardous? (Part 265)
1. If no, has owner/operator dosed the impoundment
and provided post-closure care? (§265.228(a) (2))
3. If regulated under Part 264, has owner/operator:
Removed or decontaminated waste residues, contaminated
system components, subsoils, structures, and equipment,
and managed them as hazardous waste? (§264.228(a)(l))
Eliminated free liquids by removing or solidifying
remaining wastes or waste residues?
(§264.228(a) (2) (i))
Stabilized remaining wastes to a bearing capacity sufficient
to support final cover? (§264.228(a) (2) (ii))
Covered the impoundment with final cover?
(§264.228(a)(2)(iii))
4. Did owner/operator leave any residuals in place at closure?
(§264.228(b))
5. In post-closure, does owner/operator maintain integrity of cover,
maintain and monitor the leak detection system and ground-water
monitoring system, and prevent run-on and runoff?
(§264.228(b)(l))
Yes No
a.
b.
c.
d.
IV 162
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
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Surface Impoundments Checklist
OSWER Dir. No. 9938.02(b)
Section H - Ignitable and Reactive Wastes (40 CFR 264/5.229) Yes No
1. Are ignitable or reactive wastes placed in the impoundment?
a. If yes, are they treated, rendered, or mixed before or
immediately after placement in the impoundment so they
no longer meet the definition of ignitable or reactive?
b. 1. If yes, is the waste managed so that it is protected
from any conditions which may cause it to ignite or
react and is the owner/operator maintaining and
monitoring the leak detection system? _
OR
2. If yes, has the owner/operator obtained a
certification that the design features or operating
plans of the facility will prevent ignition or
reaction?
OR
c. Is the impoundment used solely for emergencies?
Section I - Incompatible Wastes (40 CFR 264/5.2301
1. Are incompatible wastes placed in the impoundment?
a. If yes, has the owner/operator taken precautions to prevent
accidental ignition or reaction?
For facilities regulated under Part 264:
Section J - Special Requirements for Hazardous Wastes F020. F021.
F022. F023. F026. F027 (40 CFR 2fi4.23n
1. Does the impoundment contain hazardous waste numbers F020,
F021, F022, F023, F026, F027? _
a. If yes, does the owner/operator operate the impoundment in
accordance with a management plan approved by the
Regional Administ rator or comparable state authority?
IV-163
FOR USE BY EPA INSPECTION PERSONNEL, ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Thermal Treatment Checklist
OSWER Dir. No. 9938.02(b)
13. Thermal Treatment Checklist
NOTE: Applies to thermal treatment of hazardous waste in devices other than incinerators.
Section A - Operating Requirements (40 CFR 265 Subpart P) Yes No
1. Is the process a noncontinuous (batch) process?
(§265.373)
a..
b.
If no. is the process operating at steady-state conditions
(including temperature) before adding hazardous waste?
Is a waste analysis documented in the operating record that
includes: (§265.375)
1. Heating value?
2. Halogen content?
3. Sulfur content?
4. Concentration of lead?
5. Concentration of mercury?
NOTE: 4 and 5 not required if facility has written documented
data that show the elements are not present.
2. Does the owner/operator monitor the following when thermally
treating hazardous wastes: (§265.377)
a. At least eveiy 15 minutes, existing instruments which
relate to the temperature and emission control:
(§265.377(a)(l))
1. Waste feed?
2. Auxiliary fuel feed?
3. Treatment process temperature?
4. Relevant process flow?
5. Relevant level controls?
b. Stack plume (emissions) at least hourly:
(§265.377(a) (2))
1. Color (normal)?
2. Opacity?
c. Thermal treatment process equipment at least daily:
(§265.377(a)(3))
1. Pumps, valves, conveyors, pipes, etc., for leaks,
spills, and fugitive emissions?
2. Emergency shutdown controls?
3. System alarms?
IV-164
FOR USE BY EPA INSPECTION PERSONNEL ONI .Y. This manual is intended solely for guidance. No statutory or
regulatory requirements arc in any way altered by any statements) contained herein.
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Thermal Treatment Checklist
OSWER Dir. No. 9938.02(b)
d. Construction materials of the treatment process or Yes No
equipment at least, weekly to detect corrosion or leaking of
fixtures or seams? —
e. Construction materials of the area immediately
surrounding discharge confinement structures at least
weekly?
Section B - Closure (40 CFR 265.381)
1. Is a closure plan maintained at the facility?
Section C - Open Burning (40 CFR 265.382)
1. Is there evidence of any open burning of hazardous waste? (Use
narrative explanation sheet)
2. Is open burning or detonation of waste explosives conducted?
a. If yes. is the detonation performed in accordance with the
following table:
Pounds of waste explosives Minimum distance from open burning
or propellanLs detonation to the property of others
0-100 204m
101-1,000 380 m
1,001-10,000 530 m
10,001-30,000 690m
Section D - Particular Hazardous Waste f40 CFR 265.383)
1. Does owner/operator burn F020, F021, F022, F023, F026, and/or
F027 wastes?
a. If yes. does owner/operator have documented permission
from Assistant Administrator for Solid Waste and
Emergency Response to do so?
Section E - Ignitable or Reactive Waste
1. Are ignitable or reactive wastes placed in the treatment process?
a. If yes, is the waste treated, rendered, or mixed before or
immediately after being placed in the treatment process so
it no longer meets the definition of ignitable or reactive?
Describe or attach a copy of the treatment.
(670 ft)
(1250 ft)
(1730 ft)
(2260 ft)
TV 165
FOR USE BY EPA INSPECTION PERSONNF.I. ONLY. This manual is intended solely for guidance. No statutory or
regulator requirements air in any way altered by any statements) contained herein.
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Thermal Treatment Checklist
uswtK uir. iNi). aaoo.ud^uj
Section F - Incompatible Wastes . Yes No
1. Are incompatible wastes placed in the same treatment process or
equipment? —
2. Are hazardous wastes placed in washed equipment if equipment
previously held incompatible waste?
IV-166
FOR USE BY EPA-INSPECTION PERSONNEL ON1.Y. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Transporters Checklist
DSWER Dir. No. 9938.02(b)
14. Transporters Checklist
Section A - EPA I D. No. (40 CFR 263.11) Yes No
1. Does transporter have an EPA I.D. No.?
a. If yes, what Is EPA I.D.?
Section B - Transfer Facility Requirements (40 CFR 263.12)
1. Does transporter store wastes at a transfer facility?
a. If yes, does transporter store wastes longer than 10 days?
Section C - Manifests (40 CFR 263.20)
1. Does transporter use manifests?
a. If yes, are manifests signed and dated?
b. Does transporter return signed copies of manifests to
generators? (§263.20(b))
c. Docs transporter carry manifests with waste shipments?
(§263.20(c))
d. Does transporter obtain delivery date and signature of next
transporter or owner/operator of designated facility at
delivery? {5263.20(d)(1)) _
e. Does transporter retain copies? (§263.20(d)(2))
f. Does transporter give remaining copies to accepting
transporter or facility? (§263.20(d) (3)) ; __
g. Is transporter a water (bulk shipment) transporter?
(§263.20(e))
1. If yes, is waste delivered to receiving facility by
water? (§263.20(e)(l)) _
2. Does transporter carry a shipping paper with the
waste containing all information required on the
manifest (excluding EPA I.D. numbers, generator
certification, and signatures)? (§263.20(e) (2)) _
3. Does transporter obtain delivery date and
handwritten signature of owner/operator of
designated facility on manifest or shipping paper?
(§263.20(e)(3))
4. Does transporter retain copies of shipping papers or
manifests, in accordance with §263.22?
(§263.20(e)(5))
h. Is transporter a rail transporter? (§263.20(1))
IV-167
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statement(s) contained herein.
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Transporters Checklist
OSWER Dir. No. 9938.02(b)
Yes No
1. If yes, when accepting waste from a nonrail
transporter, does rail transporter sign and date
manifest acknowledging acceptance of waste?
(§263.20(f)(l)(i)) _
2. Does rail transporter return a signed copy of
manifest to nonrail transporter?
(§263.20(f)(l)(ii)) • _
3. Does rail transporter forward manifest copies to:
(§263.20(f)(l)(iii))
a. The next nonrail transporter? _
OR
b. Designated receiving facility (if reached by
rail)? _
OR
c. The last rail transporter designated to
handle the waste in the U.S.? . _
4. Does rail transporter retain a copy of manifest?
(§263.20(f)(l)(iv), 263.22(c)) _
5. Does rail transporter ensure that a shipping paper
accompanies the hazardous waste and contains all
information required on manifest (excluding EPA
I.D., generator certification, and signatures)? _
(§263.20(0(2))
6. Does rail transporter obtain delivery date and
handwritten signature of owner/operator of
designated facility or the next nonrail transporter
on manifest? (§263.20(0(3), (4))
7. Does rail transporter retain a copy of the manifest
or signed shipping paper? (§263.20(0(3), (4)) _
i. Does transporter transport waste outside of the U.S.?
(§263.20(g))
1. If yes, does the transporter:
a. Indicate on manifest the date that shipment
left the U.S.?
b. Sign manifest and retain one copy? .
c. Return a signed copy of manifest to
generator?
IV 168
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
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Transporters Checklist
OSWER Dir. No. 9938.02(b)
Section D - Compliance With the Manifest (40 CFR 263.211 Yes No
1. Does transporter deliver entire shipment of hazardous wasterto:
{§263.21(a))
a. Designated facility listed on manifest?
b. Alternate designated facility, if emergency prevents
delivery to designated facility?
c. Next designated transporter?
d. Place outside U.S. designated by generator?
e. If no, does transporter contact generator for further
directions, and then revise manifest accordingly?
(§263.21(b))
Section E - Recordkeeping (40 CFR 263.22)
1. Does transporter keep a copy of manifest signed by generator,
himself, and next designated transporter for 3 years from the date
the hazardous waste was accepted by the initial transporter?
(§263.22(a))
2. Does water (bulk shipment) transporter retain copy of shipping
paper for each shipment delivered by water for 3 years from the
date the hazardous waste was accepted by the initial transporter?
(§263.22(b))
3. Does initial rail transporter keep a copy of manifest and/or
shipping paper for 3 years from the date the hazardous waste was
accepted by the initial transporter? (§263.22(c))
A. Does transporter shipping waste outside of the U.S. keep for 3
years copy indicating that waste was shipped from the date the,
hazardous waste was accepted by the initial transporter?
(§263.22(d))
IV-169
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are iri any way altered by any statements) contained herein.
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Waste Information Checklist
OSWER Dir. No. 9938.02(b)
15. Waste Information Checklist
Waste name: _ Yes No
Process generating the waste: ' :
How has facility classified the waste:
Hazardous? (If so, list waste code) :
Non-hazardous?
How has facility made this determination: (§262.11)
Testing?
Process knowledge?
Are any test results available? (If yes, be sure to look at results)
Waste generation rate:
Disposal procedure:
Current:
Past: ;
Have manifests been used for off-site shipment? (If so, be sure to look at
manifests) (§262.20)
Is waste subject to land disposal restrictions under 40 CFR 268?
Is waste subject to exclusions under 40 CP'R 261.4?
IV-170
FOR USc, Drurfl iimski-.u t iu.-n rt-.KSONNEL ONLY. This manual is intended solely.for guidance. No statutory or
regulatory requirements are in any way altered by any statement(s) contained herein.
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Waste Information Checklist . OSWER Dir. No. 9938.02(b)
Checklist for Inspection of a New RCRA Incinerator
Section A - Verification of Installation nf Monitoring Equipment
as Specified in Permit/Permit Application (40 CFR
Type of Location
Parameter Instrument of Sensor Specifications
1. Temperature . , -
a. Primary Chamber ; •
b. Secondary Chamber .
c. ¦ ¦
d.
2. CO Emissions
3. O2 Emissions
4. Flue Gas Row Rate or
Velocity or Equivalent
Method:
< _J
5. Feed Rate of Each Waste
Stream to Each
Combustion Chamber
Chamber/Waste Stream
a.
b.
c.
d.
e.
6. Pressure in Primary
Chamber
7. Air Pollution Control
a.
IV 171
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements arc in any way altered by any statements) contained herein
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Waste Information Checklist OSWER Dir. No. 9938.02(b)
Type of . Location
Parameter Instrument of Sensor Specifications
8. Inlet Gas Temperature to
Air Pollution Control
Device
a.
b.
d.
9. Additional Key
Parameters
a.
b.
c.
d.
e. ¦ ¦
f. ¦ .
. , g. : ;
Section B -Verification of Construction of the Incinerator and
Support Equipment ip ArrnrHance with the
Specifications in the Permit Application
1. Develop a list of specifications to be verified.
Section C -Shakedown Period Requirements (40 CFR
264.344(c)(1))
1. Verify no greater than 720 hr of t esting with hazardous wastes
OR
2. Verily that testing with hazardous wastes did not exceed the limits
provided in the approved extension to the shakedown period.
3. Verify compliance with operating conditions during shakedown
period.
~ .IV-172.
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intendedsolely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
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Waste Information Checklist
OSWER Dir. No. 9938.02(b)
Section D -Compliance Schedule Requirements
Summary List of Compliance Schedule Items
• (use additional pages if necessary)
IV-173
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
Adequate
Response?
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Waste Piles Checklist
OSWER Dir. No. 9938.02(b)
16. Waste Piles Checklist
Sflrtinn A - Dpsfpn and Operating Requirements (40 CFR 264/5.250) Yes No
1. Is the pile containing hazardous waste protected from wind?
(§264.251 (j), {§265.251 (j)) _
2. Does waste pile have a liner and leachate collection system?
(§264.251(a)) _
a. If no, has facility proved to Regional Administrator that
waste pile's design characteristics and location will prevent
migration of hazardous constituents into ground water?
(§264.251(b))
3. Is run-on diverted around active portion? (§264.251(g))
4. Is runoff collected and controlled? (§264.250(h))
5. Are collection and holding facilities emptied after storms?
(§264.251(0)
Section B - Waste Analysis (40 CFR 265.252)
1. Is a representative sample of waste from each incoming shipment
analyzed before the waste is added to the pile to determine the
compatibility of the wastes?
2. Does the analysis include a visual comparison of color or texture?
Section C - Containment (40 CFR 265.253)
1. Is the leachate or runoff from the pile considered a hazardous
waste?
a. If yes, is the pile managed with the following:
6265.253(a))
1. An impermeable base compatible with the waste?
2. Run-on diversion? ¦
3. Leachate and runoff collection?
4. Are collection and holding facilities periodically
emptied?
OR
5. Is the pile protected from precipitation and run-on
by some other means? (§265.253(b))
. IV-174
FOR USE BY EPA INSPECTION PERSONNEL ONLY! This manual is intended solely for guidance. No statutory or
regulatory requirements are in any.way altered by any statement^) contained herein.
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Waste Piles Checklist
OSWER Dir. No. 9938.02(b)
Section P - Monitoring and Inspection (40 CFR 264.254) Yes No
1. Are liners and covers inspected for damage during construction?
(§264.254(a))
2. Are waste piles inspected weekly and after storms for deterioration,
run-on and runoff controls, wind dispersal control, and proper
function of leachate collection system?
(§264.254(b))
Section E - Ignltable or Reactive Wastes (40 CFR 264/5.256)
1. Are ignitable or reactive wastes placed in the pile? ;
(§§264/5.256(a))
a. If yes, is the waste treated, rendered, or mixed so that the
addition of the resulting waste results in the waste or
mixture no longer meeting the definition and complies with
§264.17(b)? (Use narrative explanation sheet to describe
procedure.)
OR
b. Is the waste protected from sources of ignition or reaction?
(§264.256(b)), (§265.256(a)(2))
1. If yes, use narrative explanation sheet to describe
separation and confinement procedures.
2. If no; use narrative explanation sheet to describe
sources of ignition or reaction.
Section F - Incompatible Wastes (40 CFR 264/5.257)
1. Are incompatible wastes placed together in the pile? ]
2. Are incompatible wastes separated from each other by a dike,
berm, or wall? (§§264/5.257(b)) _
3. Is there evidence of fire, explosion, gaseous emissions, leaching, or
other discharge? (Use narrative explanation sheet.)
Section G - Closure and Post-Closure (40 CFR 264/5.258)
1. Is a closure plan retained at the facility?
2. At closure, were all waste residues, contaminated system
components, contaminated subsoils, and structures and equipment
contaminated with waste or leachate, removed or decontaminated?
(§§264/5.258(a)) _
, 3. Were all contaminated subsoils removed from the site?
(§§264/5.258(a))
IV 175 ¦
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by. any statements) contained herein.
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Waste Piles Checklist
OSWER Dir. No. 9938.02(b)
Yes No
a. If no, did owner/operator close the facility and perform
closure and post-closure caro in accordance with §264.310
and 265.310?
4. Is a plan for complying with No. 2 above included in closure plan?
(§264;258(b))
5. Is a contingency plan for complying with No. 3a above included in
the plan? (§264.258(c)(l)(i))
6. Is a contingency post-closure plan included?
(§264.258(c)(l)(ii))
7. Are cost estimates for the contingent closure and post-closure plan
included in closure plan? (§264.258(c)(2)}
Section H - Requirements for Waste F020. F021. F022. FQ23. F026.
and F027 (40 CFR 2B4-25
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RCRA Waste Minimization Checklist
OSWER Dir. No. 9938.02(b)
17. RCRA Waste Minimization Checklist
A. Statutory/Regulatory Requirements Yes No
1. Has the manifest been certified by an authorized representative?
(§262.20(a)) _
2. Has the waste minimization statement on the manifest been
altered or deleted? (§262.20(a))
3. Does the facility have a written description of their waste
minimization program? (§262.20(a)), (§§264/5.75)
If a written description is not provided, can the facility personnel
provide a verbal description of the waste minimization program?
Description of program:
4. Is there any visual evidence of the facility's waste minimization
efforts?
If yes, describe the activities/program observed.
5.
Does the description in the biennial report and/or annual export
reports include:
a) A description of the efforts undertaken during the year to
reduce the volume and toxicity of waste generated?
(§262.41 (a)(6)); (§262.56(a)(5)(i)); (§§264/265.75(h))
b) A description of the changes in volume and toxicity of waste
actually achieved during the year in comparison to previous
years? (§262.41(a)(7)); (§262.56(a)(5)(ii)); (§§264/265.75(0)
c) Certification by the generator or authorized representative?
(§262.56(a)(6) requires certification by primary exporter,
§§264/5.75(j) requires certification by the owner/operator or
authorized representative.) (§262.41(a)(8)); (§262.56(a)(6)):
(§§264/265.75 (j))
IV-177
f'OR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
-------
RCRA Waste Minimization Checklist
OSWER Dir. No. 9938.02(b).
Yes No
6. For permitted facilities, does the operating record contain a
certification by permittee (at least annually) that the permittee has
a program in place to reduce the volume and toxicity of the
hazardous wastes? (§264.73.(b){9))
B. Permit/Enforcement Requirements
7. Does the facility's permit contain any waste minimization
requirements? l
If yes, briefly describe the requirements and indicate if they have
been met
C. Permit/Regulatory Requirements
8. Are there waste minimization requirements contained in
enforcement orders or settlement agreements with the facility?
If yes, briefly describe the requirements and indicate if they have
been met.
IV-178
KOR USE BY EPA INSPECTION PERSONNEL ONLY...This manual.Is intended solely, for guidance.
regulatory requirements are in any way altered by any statements) contained herein.
No statutory or
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OSWER Dir. No. 9938.02(b)
Appendix V
Additional
Resources
SECTION : PAGE
Introduction .. V-2
I. General Inspection Documents . V-2
II. Treatment, Storage, and Disposal Facility Documents V-3
III. Corrective Action Documents V-4
IV. Groundwater Monitoring Documents V-4
V. Land Disposal Restrictions Documents V-4
VI. Permit Documents V-4
VII. Underground Storage Tank Documents V-5.
VIII. References on Industrial Processes.. V-5
IX. EPA Guidance and Background Documents for Subtitle C V-6
v-i
FOR.USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements arc in any way altered by any statement^) contained herein.
-------
OSWER Dir. No. 9938.02(b)
Introduction
The following is a list of guidance manuals and other documents that may be used as
resources by RCRA inspectors to assist them in the performance of their work. The documents are
divided into eight categories, based on their subject matter. The categories are:
• General inspection documents
• TSD facility documents
• Corrective action documents
• Groundwater monitoring documents
• Land disposal restrictions documents
• Permit documents
• Underground storage tank documents
• References on industrial processes.
Within each category, the documents are referenced alphabetically. The date references
next to documents indicate their effective dates; only years have been provided for some documents.
Those.with OSWER directive numbers (i.e., 9950.3) and the 530 numbers are available through the
RCRA docket, at EPA Headquarters; the PB series are available through the National Technical
Information Services (NT1S). RCRA inspectors should check with their regional library before
consulting the RCRA docket or NTIS for these and other reference materials.
I. General Inspection Documents
Document Title
Enforcement Liability Requirements for
Operating RCRA Treatment. Storage and
Disposal Facilities
RCRA Facility Investigation Guidance Interim
Final; Vol. I: Development of an RFI Work
Plan and General Considerations for RCRA
Facility Investigations; Vol. II; Soil,
Groundwater, and Subsurface Gas Releases;
Vol. Ill: Air and Surface Water Releases;
Vol. TV: Case Study Examples
RCRA Laboratory Audit Inspection Guidance
Document
RCRA Technical Case Development Guidance 1988 9938.3
Document
Pate Order No.
October 29. 1988 9901.0
May 15, 1989 9502.00-6D
PB89-200-299
1988 9950.4
V-2
FOR USE BY HP A INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are in any way altered by any statements) contained herein.
No statutory or
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OSWER Dir. No. 9938.02(b)
II. Treatment, Storage, and Disposal Facility Documents
Document Title
Conducting RCRA Inspections at Mixed Waste
Facilities
Enforcement. Manual for Conducting RCRA
Facility Assessments at POTWs
Enforcement of Financial Responsibility
Requirements for RCRA Treatment, Storage,
and Disposal Facilities That Are Closing
Hazardous Waste Incinerator Inspection
Manual
Hazardous Waste Tank Systems Inspection
Manual
Land Disposal Restriction: Summary of
Requirements
Methods Manual for Compliance with the
Boilers and Industrial Furnace Regulations-
Burning Hazardous Waste in Boilers and
Industrial Furnaces
Model RCRA Permit for Hazardous Waste
Management Facilities
Part 265- Land Treatment Closure Post-
Closure Guidance
RCRA Regulations—Affecting Generators and
Transporters (40 CFR 262 and 263);
Explanations of Revisions in Reporting Burden
Estimates
Rules for Hazardous Waste Tank Systems
Technical Guidance Document: Final Covers
on Hazardous Waste Landfills and Surface
Impoundments
Use of Corrective Action Authorities at Closing
Facilities
Date
1991
October 1987
April 20, 1987
1989
September 1988
February 1991
December 15, 1990
September 15, 1988
April 14, 1987
March 1991
January 15, 1988
July 15, 1989
March 8, 1988
Order No.
9938.9
9901.2
9938.6
9938.4
9934.0-1A
PB91-120-006
530-SW-91-010
PB90-210-998
530-SW-90-049
9476.00-14
PB87-15576/AS
530-SW-88-004
PB89-233-489
9502.00-7
V-3
FORUSE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
resulatorv reauirements are In unv wav altered bv anv statements) contained herein.
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OSWER Dir. No. 9938.02(b)
III. Corrective Action Documents
Document Title
RCRA Corrective Action Interim Measures
Guidance—Interim Final
RCRA Corrective Action Plan; Interim Final
RCRA Facility Assessment Guidance
VI. Permit Documents
Document Title
Modifying RCRA Permits
Permitting Hazardous Waste Incinerators
Permit Writers' Guidance Manual for
Hazardous Waste Land Treatment. Storage,
and Disposal Facilities—Phase I: Criteria for
Location Acceptability and Existing Applicable
Regulations
Permit Writers' Guidance Manual for
Hazardous Waste Tank Standards
Order No.
530-SW-88-029
530-SW-88-028
PB87-107-769
530-SW-86-053
Order No.
9476.00-14
9950.3
9950.2
9950.1
055-000-00260-6
Order No.
9938.1A
Date Order No.
September 15. 1989 530-SW-89-050
April 15. 1988 530-SW-88-024
February 15, 1985 PB86-125-580/AS
530-SW-85-024
July 15, 1986 PB89-126-478
530-SW-89-003
IV. Groundwater Monitoring Documents
Document Title
Groundwater Monitoring at Clean Closing
Surface Impoundments and Waste Pile Units
Operation and Maintenance Inspection Guide
(RCRA Groundwater Monitoring Systems)
RCRA Comprehensive Groundwater Monitoring
Evaluation Document
RCRA Groundwater Monitoring Technical
Enforcement Guidance Document
Date
March 31. 1988
1988
1988
September 1986
V. Land Disposal Restrictions Documents
Document Title Date
Land Disposal Restrictions Inspection Manual 1988
Date
June 16,1988
June 16. 1988
October 9, 1986
V-4
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended splely for guidance. No statutoiy or
regulatory requirements arc in any way altered by any statements) contained herein.
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OSWER Dir. No. 9938.02(b)
VIL Underground Storage Tank Documents
Document Title
Date
Order No.
Detecting Leaks- Successful Methods Step-by- November 1989
Step
530-/UST-89-012
Guidance for Federal Field Citation
Enforcement
March 20, 1991
9601.13
U.S. EPA Penalty Guidance for Violations of November 14, 1990 9610.12
UST Regulations
UST/LUST Enforcement Procedures Manual August 7, 1990
9610.11
VIII. References on Industrial Processes
Air Pollution Engineering Manual. EPA, Pub. No. AP 40.
Background Documents for Waste Listing, EPA, Office of Solid Waste. Background documents have
been prepared by EPA for all hazardous waste codes, providing information on the material listed,
its generation, and the basis for the waste code listing.
Chemical and Process Technology Encyclopedia. Douglas M. Considine, ed. New York: McGraw-
Hill Book Co., 1974.
Effluent Guidelines Development Documents. EPA, Office of Water Regulations and Standards,
Effluent Guidelines Division. Effluent guidelines documents have been prepared for numerous
industries regulated through categorical discharge standards promulgated under authority of the
Clean Water Act.
Encyclopedia of Chemical Technology. Herman Mark, Donald Othmer, Charles Overberger, and
Glenn Seaborg, eds. New York: John Wiley Sons, 1982.
Industrial Pollution Control: Issues and Techniques. Nancy Sell, Ph.D., New York: Van Nostrand
Reinhold Co., 1981.
Industrial Water Pollution Control. W.W. Eckenfelder, Jr., New York: McGraw-Hill Book Co., 1966.
Industrial Water Pollution: Origins. Characteristics, and Treatment. N.L. Nemerow, Reading,
Mass: Addison-Wesley, 1978.
Liquid Wastes of Industry: Theories. Practices and Treatment. N.L. Nemerow, Reading, Mass:
Addison-Wesley, 1971.
Stationary Point and Area Sources. EPA, Pub. No. AP 42.
Theories and Practices of Industrial Waste Treatment. N.L. Nemerow, Reading, Mass: Addison-
Wesley, 1963.
V 5
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements arc in any way altered by any statement^) contained herein.
-------
OSWER Dir. No. 9938.02(b)
Understanding the Small Quantity Generator Hazardous Waste Rules—A Handbook for Small
Rn.«tiness. EPA, Office of Solid Waste, Pub. No. 530/SW-86-019 (Updated version to be issued in
1992).
Various publications of the Air Pollution Control Associat ion on industrial sources of air pollution.
IX. EPA Guidance and Background Documents for Subtitle C
Regional Guidance Manual for Selected interim Status Requirements (Draft). Pub. No. PB81-184
988, May 1, 1980.
Section on Plans Recordkeeping, including sample waste analysis plan, contingency plan, ground-
water assessment plans, and operating record.
Final Draft Guidance for Subpart C of the Interim Status Standards for Owners and Operators of
Hazardous Waste Treatment Storage and Disposal Facilities. Pub. No. PB87-193 397, November
15,1981.
Method for Determining the Compatibility of Hazardous Waste. Pub. No. EPA 600-2/80/076, 1980.
RCRA Ground-Water Monitoring Technical Enforcement Guidance Document. OSWER Directive
No. 9950.1, 1985.
Background Documents; Sixteen background documents developed by the Agency to explain
and respond to comments on the Phase I rules, each corresponding to a Section of the Subpart. List
of background documents is as follows:
a. Purpose, Scope, and Applicability (including general issues concerning Interim Status
Standards), Pub. No. PB81-181 414, April 15, 1980.
b. General Waste Analysis Requirements, Pub. No. PB81-181 406, April 29, 1980.
c. Security, Pub. No. PB81-181 398, April 15. 1980.
d. General Inspection Requirements, Pub. No. PB81-190 001, April 15, 1980.
e. Personnel Training, Pub. No. PB81-181 380, April 15, 1980.
f. Preparedness and Prevention, Contingency Plans, and Emergency Procedures, Pub. No.
PB81-181 372, April 15, 1980.
g. Manifest System, Recordkeeping, and Reporting, Pub. No. PB81-190 043, April 15, 1980.
h. Interim Status Standards for Ground-Water Monitoring, Pub. No. PB81-189 79, May 20,
1980.
i. Interim Status Standards for Closure and Post-Closure, Pub. No. PB181-189 763,
December 15, 1980.
j. Interim Status Standards Financial Requirements, Pub. No. PB81-1899 326, January 15,
1981.
k. Interim Status Standards for Tanks. Pub. No. PB81-190 050, December 15, 1980.
1. Interim Status Standards for Surface Impoundments, Pub. No. PB81-185 001, April 15,
1980.
m. Interim Status Standards for Land Treatment, Pub. No. PB81-190 068, April 15, 1980-
n. Interim Status Standards for Landfills, Pub. No. PB81-189 789, February 15, 1981.
o. Interim Status Standards for Incinerators, Pub. No. PB81-190 092, December 15, 1981,
p. Interim Status Standards forThormal Treatment, Pub. No. PB81-189 771, April 15, 1980.
V-6
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statement^) contained herein.
-------
OSWER Dir. No. 9938.02(b)
The inspector can obtain these documents from EPA Regional Office libraries, at EPA Headquarters
library, or from Solid Waste Information, U.S: EPA, 26 West St. Clair Street; Cincinnati, Ohio
45268.
V-7
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are in any way altered by any statement^) contained herein.
No statutory or
-------
OSWER Dir. No. 9938.02(b)
Appendix VI
Significant Recent
RCRA Federal Register
Entries
In the following table, we have cited and described entries in the Federal Register that have
appeared since January 1, 1990 and that have relevance to RCRA inspectors. Short summaries
have been provided for each rule, along with the respective effective dates. The entries appear in
order of GFR Part, beginning with 40 CFR 258 and, within each CFR Part, are in reverse
chronological order of Federal Register publication date.
CFR
Parts,
Sections
Affected
Title of Rule
Effective
Date
Federal
Register
Publication
Date
Summary of Rule
40 CFR 258
Solid Waste Disposal
Facility Criteria
/
10/09/93 "
(Except
Subpart.
G
04/09/94)
10/09/91
56 FR 50978
This final rule established
requirements for municipal solid
waste landfills under 40 CFR Parts
257 and 258. Specifically, it covers
location restrictions, facility design
operations, groundwater
monitoring, corrective action
measures and conditions for closing
including financial responsibility.
The rule conditionally exempts
certain small landfills from the
design, groundwater monitoring,
and corrective action requirements.
40 CFR 261
Identification arid
Listing of Hazardous
Waste; Wood
Preserving Wastes
04/27/93
58 FR 25706
In this rule, EPA proposed to list
as hazardous waste code F033 the
process residuals and wastewaters
from wood preserving operations
which use pentachlorophenate.
VM
FOR USF. BY EPA INSPF.OTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statement(s) contained herein.
-------
OSWER Dir. No. 9938.02(b)
Significant Recent RCRA Federal Register Entries (Continued)
CFR
Parts,
Sections
Affected
Title of Rule
Effective
Date
Federal
Register
Publication
Date
Summary of Rule
40 CFR 261
Identification and
Listing of Hazardous
Waste; Wood
Preserving Wastes
12/24/92
and
06/24/93
12/24/92
57 FR 61492
This final rule amends the F032,
F034, and F035 hazardous waste
listings. In addition, the rule
modified the drip pad standards for
wood preserving facilities.
40 CFR 261
Suspension of
Toxicity
Characteristic Rule
forNon-UST
Petroleum Product
Contaminated Media
and Debris
12/24/92
57 FR 61542
In this rule EPA proposed a
suspension of the Toxicity
Characteristic rule waste codes
D018-D043 for three years for
media and debris contaminated by
petroleum products from sources
other than RCRA Subtitle I
underground storage tanks.
40 CFR 261
Identification and
Listing of Hazardous
Waste; Toxicity
Characteristic
Revision
11/24/92
11/24/92
57 FR 55114
In this final rule, EPA amended
the hazardous waste regulations
for testing conducted to evaluate a
solid waste for the Toxicity
Characteristic. Specifically, this
rule removes the Quality
Assurance (QA) requirement found
in method 1311, the Toxicity
Characteristic Leaching Procedure
(TCLP), for correcting measured
values for analytical bias.
40 CFR 261
Definition of
Hazardous Waste;
"Mixture" and
Derived-From" Rules
10/30/92
10/30/92
57 FR 49278
This final rule removes the
"sunset" provision from the
reinstatement of mixture and
derived-from rules in the 3/3/92
Federal Register.
40 CFR 261
Definition of
Hazardous Waste;
"Mixture" and
Derived-From"
Rules; Withdrawal of
Proposed Rule
10/30/92
57 FR 49280
This rule withdraws the proposed
regulation, HWIR, which would
have amended the hazardous
waste identification listing
regulations. EPA withdrew the
CBEC and ECHO approaches in
response to a broad range of
comments received on HWIR.
40 CFR 261
Identification and
Listing of Hazardous
Waste; Chlorinated
Toluenes Production
Wastes
04/15/93
10/15/92
57 FR 47376
EPA amended its RCRA
regulations by adding three wastes
generated during the production of
chlorinated toluenes to the list of
hazardous waste from specific
sources. The new wastes are listed
as K149-151.
VI 2
I'OR USE BY EPA INSPECIION PERSONNEL ONLY.-This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) Contained herein.
-------
OSWER Dir. No. 9938.02(b)
Significant Recent RCRA Federal Register Entries (Continued)
CFR
Parts,
Sections
Affected
Title of Rule
Effective
Date
Federal
Register
Publication
Date
Summary of Rule
40 CFR 261
Identification and
Listing of Hazardous
Waste; Coke-by-
Products Wastes
02/18/93
08/18/92
57 FR 37284
This final rule promulgated seven
waste codes as additions to the List
of "K wastes" found in 261.31;
K141-145, K147, and K148. These
new wastes are generated during
the production, recovery, and
refining of coke-by-products
produced from coal.
40 CFR 261
Identification and
Listing of Hazardous
Waste; Exclusions
06/22/92
06/22/92
57 FR 27880
This final rule amends the
exclusion from the definition of
solid waste for coke-by-product
residues that are recycled In
certain manners. 40CFR261.4(a)9
now excludes not only K087, but
any wastes from the coke-by-
products processes that are
hazardous only because they
exhibit the Toxicity Characteristic.
When subsequent to generation,
these materials are recycled to coke
ovens, to the tar recovery process
as a feedstock to produce coal tar,
or are mixed With coal tar prior to
the tar's sale or refining.
40 CFR 261
Identification and
Listing of Hazardous
Waste; Used Oil
06/19/92
05/20/92
57 FR 21524
This final rule determined that
used oil destined for disposal will
not be considered a listed
hazardous waste. This rule also
promulgated an exclusion from the
definition of hazardous waste in 40
CFR 261.4(b)(15) for certain types
of used oil filters.
40 CFR 261
Identification and
Listing of Hazardous
Waste
05/20/92
57 FR 21450
This rule, known as HWIR,
proposed two approaches for
amending the hazardous waste
identification listing regulations.
The two approaches are known as
CBEC and ECHO.
VI 3 .
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statement^) contained herein.
-------
OSWER Dir. No. 9938.02(b)
Significant Recent RCRA Federal Register Entries (Continued)
CFR
Parts,
Sections
Affected
Title of Rule
Effective
Date
Federal
Register
Publication
Date
Summary of Rule
40 CFR 261
Hazardous Waste
Management
System; Definition of
Hazardous Waste;
"Mixture" and
"Derived-From"
Rules
02/18/92
03/03/92
57 FR 7628
This rule simultaneously removed
and reissued 40 CFR 261.3,
including the "mixture" and
"derived-from" rules, on an interim
basis under §553(b) (3) (B) of the
Administrative Procedure Act
(APA). The effective date of this;
rule was February 18, 1992, and
the expiration date for paragraphs
(a)(2)(iv) and (c)(2)(i) of 40 CFR
§261.3 is April 28, 1993.
40 CFR 261
Hazardous Waste
Management
System;
Identification and
Listing of Hazardous
Waste
01/13/92
01/02/92
57 FR 12
EPA finalized the July 19, 1991 (56
FR 33238) proposed rule to confirm
40 CFR §261.11 (a)(3) to reflect the
Agency's intent and interpretation
of one of the criteria for listing
wastes as hazardous.
40 CFR 261
Final Regulatory
Determination for
Special Wastes from
Mineral Processing
(Mining Waste
Exclusion)
07/15/91
06/13/91
56 FR 27300
This final rule presented the
Agency's final regulatory
determination on mineral
processing wastes. EPA concluded
that regulation under Subtitle C of
RCRA is inappropriate for all 20 of
the special wastes that were
studied and listed under
§261.4(b)(7). EPA plans to address
18 of these wastes under Subtitle D
of RCRA. The remaining two
wastes, phosphogypsum and
process wastewater from
phosphoric acid production, are
slated to be regulated under a
program EPA plans to develop
under the Toxic Substance Control
Act.
VI-4.
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements arc In any way altered: by.any statement^) contained herein.
-------
OSWER Dir. No. 9938.02(b)
Significant Recent RCRA Federal Register Entries (Continued)
CFR
Parts,
Sections
Affected
Title of Rule
Effective
Date
Federal
Register
Publication
Date
Summary of Rule
40 CFR 261
Hazardous Waste
Management
System:
Identification and
Listing of Hazardous
Waste; CERCLA
Hazardous
Substance
Designation -
Petroleum Refinery
Primaiy and
Secondary
Oil/Water/Solids
Separation Sludge
Listings (F037 and
F038)
05/02/91
05/13/91
56 FR 21955
This interim final rule revised the
definition of waste subject to the
F037 and F038 listings found at 40
CFR §261.31 to state that sludges
from non-contact once-through
cooling waters are not included.
This rule further amended F038
listings to clarify that floats
generated in aggressive biological
treatment units are not included in
the listing description of that waste
stream.
40 CFR 261
Hazardous Waste
Management
Systems:
Identification and
Listing of Hazardous
Waste
05/01/92
05/01/91
56 FR 19951
This final rule announced an
administrative stay on a portion of
the hazardous waste listing for
K069 found at 40 CFR §261.32 so
that the listing does not apply to
slurries generated from air,
pollution control devices that are
intended to capture acid gases and
are not dedicated chiefly to control
of particulate air emissions. The
administrative stay remains in
effect until 30 days after the
completion of a rulemaking that
permanently amends the language
of the K069 listing to clarify the
scope of the listing.
VI-5
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance.
regulatory requirements are In any way altered by any statements) contained herein.
No statutory or
-------
OSWER Dir. No. 9938.02(b)
Significant Recent RCRA Federal Register Entries (Continued)
CFR
Parte,
Sections
Affected
Title of Rule
Effective
Date
Federal
Register
Publication
Date
Summary of Rule
40 CFR 261
Hazardous Waste
Management.
System;
Identification and
Listing of Hazardous
Waste Toxicity
Characteristic;
Hydrocarbon
Recoveiy Operations
03/25/91
04/02/91
56 FR 13406
The final rule extended the
compliance date for the toxicity
characteristic regulations from
March 25,1991, to January 25,
1993, for produced groundwaters
from free-phase hydrocarbon
recovery operations at petroleum
refineries, marketing terminals,
bulk plants, petroleum pipelines
and transportation sector spill
sites. The purpose of this
extension is to ensure that cleanup
activities at these facilities are not
disrupted or stopped due to
noncompliance with the toxicity
characteristic rule. The rule
amended 40 CFR §261.4(b)(l 1).
40 CFR 261
Hazardous Waste
Management
System;
Identification and
Listing of Hazardous
Waste; Toxicity
Characteristic
02/05/91
02/13/91
56 FR 5910
This interim final rule suspended
the toxicity characteristic rule for
used refrigerants that would
exhibit the tonicity characteristic
but would be reclaimed for reuse.
The exemption is found at 40 CFR
§261.4(b)(12).
40 CFR 261
Hazardous Waste
Management
Systems
Identification and
Listing of Hazardous
Waste; Toxicity
Characteristic;
Hydrocarbon
Recovery Operations
02/01/91
02/01/91
56 FR 3978,
This interim final rule further
extended the compliance date for
the toxicity characteristic
regulations from January 25, 1991,
until March 25, 1991, for
groundwater reinjected or
reinfiltrated during existing
hydrocarbon recovery operations at
petroleum refineries, marketing
terminals and bulk plants, in order
to allow the Agency sufficient time
to evaluate comments received on
the issue. The exemption is
codified at 40 CFR §261.4(b)(l 1).
VI-6
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatoiy requirements are in any way altered by any statements) contained herein.
-------
OSWER Dir. No. 9938.02(b)
Significant Recent RCRA Federal Register Entries (Continued)
CFR
Parts,
Sections
Affected
Title of Rule
Effective
Date
Federal
Register
Publication
Date
Summary of Rule
40 CFR 261
Wood Preserving;
Identification and
Listing of Hazardous
Waste
06/06/91
12/06/90
55 FR 50450
This final rule amended the RCRA
regulations by listing as hazardous
three categories of wastes from
wood preserving operations: F032,
F034, F035. These wastes may,
however, exhibit the Toxicity
Characteristic and, consequently,
may already be regulated under
Subtitle C of RCRA.
40 CFR 261
Hazardous Waste
Management
Systems:.
Identification and
Listing of Hazardous
Waste
05/02/91
11/02/90
55 FR 46354
In this final rule, EPA promulgated
two waste codes as additions to the
list of "F wastes" found in 261.31.
These new wastes are generated in
the separation of oil/water/solids
from petroleum refining process
wastewaters and oily cooling
wastewaters. EPA amended
Appendix VII of 40 CFR 261 to add
the organic and inorganic
constituents for which these wastes
are listed. RQ values under
Section 302 of CERCLA were also
established in this rule. The RQ
for these wastes will be set at the
statutory level of 1 lb.
40 CFR 261
Hazardous Waste
Management
System:
Identification and
Listing of Hazardous
Waste; Toxicity
Characteristic;
Hydrocarbon
Recovery Operations
09/25/90
10/05/90
55 FR 40834
In this Interim final rule, EPA
extended the compliance of the
TCLP rule to recovery of
hydrocarbon from petrol refining
facility, marketing terminals and
bulk plants for 120 days from
September 25, 1990.
¦ VI-7 ...
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intendedsolely for guidance.
regulatory requirements are in any way altered by any statements) contained herein.
No statutory or
-------
OSWER Dir. No. 9938.02(b)
Significant Recent RCRA Federal Register Entries (Continued)
GFR
Parts,
Sections
Affected
Title of Rule
Effective
Date
Federal
Register
Publication
Date
Summary of Rule
40 CFR 261
Hazardous Waste
Management
System;
Identification and
Listing of Hazardous
Waste: Toxicity
Characteristic
Clarifications
09/25/90
09/27/90
55 FR 39409
EPA provided guidance and
clarification to the regulated
community on four issues related
totheTCLP. These issues are: (1)
the regulatory status of surface
impoundments managing newly
regulated TC wastes; (2)
groundwater monitoring
requirements for newly regulated
land disposal facilities; (3) Section
3010 notification requirements;
and (4) permit modification
requirements.
40 CFR 261
Hazardous Waste
Management
System;
Identification ^nd
Listing of Hazardous
Waste; Toxicity
Characteristic
Revisions
08/02/90
08/02/90
55 FR 31387
This final rule corrected the ruling
on March 29, 1990 regarding the
Toxicity Characteristic by
extending the period within which
affected small quantity generators
must comply with the RCRA
Section 3010 notification
requirements..
40 CFR 261
Hazardous Waste
Management
System;
Identification and
Listing of Hazardous
Waste; Toxicity
Characteristic
Revisions
09/25/90
06/29/90
55 FR 26986
This final rule made corrections to
the March 29. 1990 (55 FR 11798)
rule to ensure consistency of the
TCLP with other methods in SW-
846.
40CFR261
Hazardous Waste
Management
Standards:
Identification and
Listing of Hazardous
Waste
05/04/90
05/04/90
55 FR 18726
In these technical amendments,
the Agency conformed the
language of the regulations
implementing RCRA Section 3001
to reflect the Agency's intent.
40 CFR 261
Hazardous Waste
Management
System;
Identification and
Listing of Hazardous
Waste; Toxicity
Characteristic
Revisions
09/25/90
03/29/90
55 FR 11798
This final rule replaced the
Extraction Procedure leach test
with the Toxicity Characteristic
Leaching Procedure and added 25
organic chemicals to the list of
toxic constituents for the Toxicity
Characteristic.
yi-8
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
-------
OSWER Dir. No. 9938.02(b)
Significant Recent RCRA Federal Register Entries (Continued)
CFR
Parts,
Sections
Affected
Title of Rule
Effective
Date
Federal
Register
Publication
Date
Summary of Rule
40 CFR 261
Mining Waste
Exclusion; Section
3010 Notification for
Mineral Processing
Facilities;
Designated Facility
Definition;
Standards Applicable
to Generators of
Hazardous Waste
07/23/90
01/23/90
55 FR 2322
This final rule removed five of the
20 conditionally retained mineral
processing wastes from the
exemption from hazardous waste
regulation provided by RCRA
Section 3001 (b)(3) (A) (ii), often
referred to as the Bevill exclusion.
40 CFR
264/265
Corrective Action
Management Units
and Temporary
Units
04/19/93
02/16/93
58 FR 8658
This final rule promulgated
standards which, when followed,
allow the use of corrective action
management units for the purpose
of managing remediation waste
which will not be subject to LDRs
or MTRs. Also, containers and
tanks which manage remediation
waste only and which follow the
regulations are now allowed to
store waste up to one year without
a permit.
40 CFR
264/265
Timing of Surface
Impoundment
Retrofitting Under
the Land Disposal
Restrictions Rule
02/04/92
57 FR 4170
This proposed rule clarifies the
deadline by which surface
impoundments receiving wastes
that are newly identified or listed
as hazardous must be brought into
compliance with the minimum
technological requirements (MTR)
established in RCRA
§3004(o)(l)(A). The proposal would
give all surface impoundments up
to four years from the date of
compliance to comply with the
MTRs.
VI-9
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statement^) contained herein.
-------
OSWER Dir. No. 9938.02(b)
Significant Recent RCRA Federal Register Entries (Continued)
CFR
Parts,
Sections
Affected
Title of Rule
Effective
Date
Federal
Register
Publication
Date
Summary of Rule
40 CFR
264/265
Liners and Leak
Detection Systems
for Hazardous Waste
Land Disposal Units
07/29/92
01/29/92
57 FR 34762
This final rule amended the
current regulations concerning
liner and leachate collection and
removal systems for hazardous
waste surface impoundments,
landfills, and waste piles. EPA
also added new regulations
requiring owners/ operators of
hazardous waste surface
impoundments, waste piles, and
landfills to install and operate leak
detection systems when new units
are added, laterally expanded, or
replaced.
40 CFR
264/265
Standards Applicable
to Owners and
Operators of
Hazardous Waste
Treatment, Storage,
and Disposal
Facilities; Liability
Requirements
07/01/91
07/01/91
56 FR 30200
This final rule corrected certain
omission errors in the financial
responsibility requirements under
Subtitle C of RCRA.
40 CFR
264/265
Identification and
Listing of Hazardous
Waste; Wood
Preserving
07/01/91
07/01/91
56 FR 30192
This technical correction corrected
errors and clarified language in the
December 6. 1990 Federal Register.
VI-10
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
-------
OSWER Dir. No. 9938.02(b)
Significant Recent RCRA Federal Register Entries (Continued)
CFR
Parts,
Sections
Affected
Title of Rule
Effective
Date
Federal
Register
Publication
Date
Summary of Rule
40 CFR
264/265
Hazardous Waste
Management
System:
Identification and
Listing of Hazardous
Waste; Standards for
Owners and
Operators of
Hazardous Waste
Treatment, Storage,
and Disposal
Facilities; and
Interim Status
Standards for
Owners and
Operators of
Hazardous Waste
Treatment, Storage,
and Disposal
Facilities
06/05/91
06/13/91
56 FR 27332
This final rule announced an
administrative stay of the
hazardous waste listings F032,
F034, and F035 for wastes in
process areas at wood preserving
plants. The primary effect of the
stay was to conditionally extend
the effective date of the drip pad
management standards to
February 6, 1992, for the upgrade
of existing drip pads, and to May 6,
1992, for the installation of new
drip pads, the stay was only
available to facilities meeting
certain conditions, and was
intended to limit the extension to
those facilities making a bona fide
effort to comply with the rule.
40 CFR 264
Corrective Action for
Solid Waste
Management Units
(SWMUs) at
Hazardous Waste
Management
Facilities
07/27/90
55 FR 30798
This proposed rule would create a
new Subpart S in 40 CFR 264 to
define requirements for conducting
remedial investigations, evaluating
potential remedies, and selecting
and implementing remedies at
RCRA facilities. This Federal
Register cntrv can be used as
guidance until it is finalized.
40 CFR
264/265
Hazardous Waste
Treatment, Storage,
and Disposal
Facilities - Organic
Air Emission
Standards for
Process Vents and
Equipment Leaks
12/21/90
06/21/90 ""
55 FR 25454
This final rule promulgated
standards that limit organic air
emissions as a class at hazardous
waste treatment, storage, and
disposal facilities requiring a
permit.
VI-11
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is Intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
-------
OSWER Dir. No. 9938.02(b)
Significant Recent RCRA Federal Register Entries (Continued)
CFR
Parts,
Sections
Affected
Title of Rule
Effective
Date
Federal
Register
Publication
Date
Summary of Rule
40 CFR 264
Hazardous Waste
Management
System; Final
Codification Rule
05/09/90
05/09/90
55 FR 19262
This correction notice applies to
certain landfills and surface
impoundments for which Part B of
the permit application was received
by November 8, 1984. Permits
issued for units in this category are
not required to include minimum
technology requirements pursuant
to Section 3004(o) of RCRA but
may include such requirements
where necessary to protect human
health and the environment on a-
case-by-case basis pursuant to
Section 3005(c) of RCRA.
40 CFR 266
Hazardous Waste
Management
System:
Identification and
Listing of Hazardous
Waste; Burning of
Hazardous Waste in
Boilers and
Industrial Furnaces
08/21/91
09/05/91
56 FR 43874
This final rule announced an
administrative stay of the
permitting standards for boilers
and industrial furnaces adopted
pursuant to RCRA as they apply to
coke ovens burning certain
hazardous wastes from the coke by-
products process. Coke ovens that
reprocess these wastes need not
submit their applications for a
permit under 40 CFR Part 266,
Subpart H, while EPA evaluates
comments on a proposal to exclude
such wastes from RCRA Subtitle C
regulation.
40 CFR 266
Burning of
Hazardous Waste in
Boilers and
Industrial Furnaces
08/21/91
08/27/91
56 FR 42504
This final rule made technical
amendments to the BIF
regulations in 40 CFR Part 266,
Subpart H. These revisions
provide clarification and correct
unintended consequences of the
regulations.
40 CFR 266
Burning of
Hazardous Waste in
Boilers and
Industrial Furnaces
08/21/91
07/17/91
56 FR 32688
In this final rule, EPA published
technical corrections to the BIF
regulations in 40 CFR Part 266,
Subpart H (56 FR 7134: February
21, 1991). This rule also added
Appendix IX and Appendix X to
Part 266.
VI-12
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
-------
OSWER Dir. No. 9938.02(b)
Significant Recent RCRA Federal Register Entries (Continued)
CFR
Parts,
Sections
Affected
Title of Rule
Effective
Date
Federal
Register
Publication
Date
Summary of Rule
40 CFR 266
Burning of
Hazardous Waste in
Boilers and
Industrial Furnaces
08/21/91
02/21/91
56 FR 7134
This final rule expanded the
regulations on the burning of
hazardous waste in boilers and
industrial furnaces to regulate air
emissions from such units, codified
at 40 GFR Part 266, Subpart H.
This rule also subjects
owners/operators of these devices
to general facility standards
applicable to hazardous waste
treatment, storage, and disposal
facilities, and subjects hazardous
waste storage units at regulated,
burner facilities to Part 264
standards. This rule also took
action on two petitions for
rulemaking from Dow Chemical
Company and the American Iron
and Steel Institute and made
several technical corrections to 40
CFR §270.73.
40 CFR 268
Land Disposal
Restrictions for
Newly Listed Wastes
arid Hazardous
Debris
06/30/92;
11/09/92;
and
02/18/93
08/18/92
57 FR 37194
This "phase one" final rule sets
treatment standards under the
land disposal restrictions for
certain listed hazardous wastes.
This rule established a new type of
treatment or storage unit, the
containment building. Also
finalized in this rule are revised
treatment standards for debris
contaminated with listed
hazardous waste or debris that
exhibits a characteristic of
hazardous waste. In addition the
treatment standards for the F001-
F005 spent solvents were revised.
40 CFR 268
Land Disposal
Restrictions for
Newly Listed Wastes
and Contaminated
Debris
01/09/92
57 FR 958
EPA proposes treatment standards
for certain newly identified
hazardous wastes, and also
proposes to revise treatment
standards for contaminated debris.
VI 13
I*OR USE BY EPA INSPECTION PERSONNEL ONLY. This manualis intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any. statement^) contained herein.
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OSWER Dir. No. 9938.02(b)
Significant Recent RCRA Federal Register Entries (Continued)
CFR
Parts,
Sections
Affected
Title of Rule
Effective
Date
Federal
Register
Publication
Date
Summary of Rule
40 CFR 268
Land Disposal
Restrictions;
Potential Treatment
Standards for Newly
Identified and Listed
Wastes and
Contaminated Soils
10/24/91
56 FR 55160
This advance notice of proposed
rulemaking requests data and
comments on possible BDATs for
many wastes that have been
identified and listed as hazardous
since HSWA. This notice discusses
potential BDATs and related
capacity for wood preserving
wastes (F032, F034 and F035),
spent potliners from primary
aluminum reduction (K088),
characteristic waste generated by
the mining and mineral processing
industries that .are no longer
suspended by the Bevill
Amendment, and wastes that have
been recently identified as D004
through D043 based on TCLP.
EPA is also soliciting data and
comments on its approach to
developing BDATs for
contaminated soils.
40 CFR 268
Land Disposal
Restrictions for
Electric Arc Furnace
Dust (K061)
08/08/91
08/19/91
56 FR 41164
This final rule promulgated, under
40 CFR Part 268, treatment
standards under the land disposal
restrictions program for K061
(electric arc furnace dust)
nonwastewaters that contain 15
percent or more total zinc at the
point of initial generation. The
rule also finalized a generic
exclusion from the derived - from
rule (40 CFR §261.3(c)(2)(i)) for
high temperature metals recovery
(HTMR) nonwastewater slag
residues from K061 processing,
provided the residues meet certain
conditions. This rule also granted
a conditional exclusion for K061
HTMR splash condenser dross
residue from classification as a
solid waste.
VI-14
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual Is intended solely for guidance. No statutory or
regulatory requirements are In any way altered by any statements) contained herein.
-------
OSWER Dir. No. 9938.02(b)
Significant Recent RCRA Federal Register Entries (Continued)
CFR
Parts,
Sections
Affected
Title of Rule
Effective
Date
Federal
Register
Publication
Date
Summary of Rule
40 CFR 268
Land Disposal
Restrictions for
Third Third
Scheduled Wastes
01/31/91
01/31/91
56 FR 3864
This final rule corrected errors and
clarified the language in the
preamble and regulations of the
June 1, 1990 land disposal
restrictions third third final rule
(55 FR 22520). It modified 40 CFR
Part 268.
40 CFR 268
Land Disposal
Restrictions for
Third Third
Scheduled Wastes
05/08/90
06/01/90
55 FR 22520
This final rule promulgated
treatment standards for third third
wastes and five newly listed
wastes, including the
characteristics of ignitability,
corrosivity, reactivity, and EP
toxicity.
40 CFR 268
1
Hazardous Waste
Management
System: Land
Disposal
Restrictions;
Response to Court
Remand
02/26/90
02/26/90
55 FR 6640
In this response to court remand, a
panel from the Court of Appeals for
the District of Columbia Circuit
Court required the Agency to
clarify the selection of technology-
based treatment standards in the
November 7. 1986 Federal Register
or withdraw the rule.
40 CFR 273
Hazardous Waste
Recycling Program;
Universal Waste
02/11/93
58 FR 8102
This rule proposed new regulations
which set up management
standards for such universal
wastes as nickel cadmium batteries
and pesticides. The proposed rule
includes procedures for adding
other wastes to the recycling
scheme in the future such as
antifreeze and thermostats.
40 CFR 279
Identification and
Listing of Hazardous
Waste; Recycled
Used Oil
Management
Standards
03/08/93
09/10/92
57 FR 41566
This final rule determined that
recycled used oil will not be
considered a listed hazardous
waste. This rule also establishes
management for various handlers
of recycled used oil.
40 CFR 280
Underground
Storage Tanks
Containing
Petroleum; Financial
Responsibility
Requirements
03/22/93
02/18/93
58 FR 9026
This rule established four
alternative mechanisms for use by
local governments to demonstrate
financial responsibility for
damages caused by accidental
underground storage tank releases.
VI-15
FOR USE BY EPA INSPECTION PERSONNEL ONLY-. Thismanual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
-------
OSWER Dir. No. 9938.02(b)
Significant Recent RCRA Federal Register Entries (Continued)
CFR
Parts,
Sections
Affected
Title of Rule
Effective
Date
Federal
Register
Publication
Date
Summary of Rule
40 CFR 280
Underground
Storage Tanks
Containing
Petroleum; Financial
Responsibility
Requirements
12/23/91
>
12/23/91
56 FR 66369
1
This final rule extended the date
for compliance with financial
responsibility requirements for
Group 4 petroleum UST owners to
December 31, 1993. The previous
deadline under 40 CFR §280.91(d)
was October 26, 1991.v
AO CFR 280
Underground
Storage Tanks;
Technical
Requirements
09/12/91
08/13/91
56 FR 38342
This final rule allowed overfill
equipment to be usrf closer to the
top of larger bulk storage tanks
because the Agency acknowledged
that sufficient volumes to receive
excess product would still be
available there. It amended 40
CFR §280.20(c)(l)(li).
40 CFR 280
Underground
Storage Tanks;
Technical
Requirements
01/02/91
01/02/91
56 FR 24
This interim final rule delays for
270 days the requirements of 40
CFR §280.40(a)(3) for
owners/operators to meet the
specified lead rate (under specified
conditions) with a probability of
detection of 0.95 and a probability
of false alarm of 0.05 on installed
automatic line leak detectors on
USTs.
40 CFR 280
Underground
Storage Tanks
Containing
Petroleum; Financial
Responsibility
Requirements
10/31/90
10/31/90
55 FR 46022
This final rule amended the
financial regulations under 40 CFR
280.91(d). This modification
changed the compliance date, from
October 26, 1990 to October 26,
1991, for obtaining financial
assurance and added an additional
requirement (280.91(e)) for local
government entities. Under this
new requirement, these entitles
are required to comply with
financial responsibility
requirements within one year of
publication of the final regulations.
i VI-16
FOR USE BY EPA INSPECTION PERSONNEL ONLY. This manual is intended solely for guidance. No statutory or
regulatory requirements are in any way altered by any statements) contained herein.
-------
LIST OF ACRONYMS
Acronym
Definition
ASTM
American Society for Testing and Materials
BIF
Boiler and Industrial Furnace
Btu
British Thermal Unit
CFR
Code of Federal Regulations
CWA
Clean Water Act
DOT
Department of Transportation
DRE
Destruction and Removal Efficiency
EP TOX TEST
Extraction Procedure Toxicity Test
EPA
Environmental Protection Agency
FR
Federal Register
H&S
Health and Safety
HSWA
Hazardous and Solid Waste Amendments
HW
Hazardous Waste
LDR
Land Disposal Restrictions
mg/1
Milligrams Per Liter
MTR
Minimum Technology Requirements
MSDS
Material Safety Data Sheet
NPDES
National Pollutant Discharge Elimination System
O/O
Owner and/or Operator
PCB
Polychlorinated Biphenyl
PFLT
Paint Filter Liquids Test
POHC
Principal Organic Hazardous Constituent
ppm
Parts Per Million
QA
Quality Assurance
QC
Quality Control
RCRA
Resource Conservation and Recovery Act
S/S
Stabilization/Solidification
SW-846
Test Methods for Evaluating Solid Wastes, Physical/Chemical Methods,
U.S. EPA
SWDA
Solid Waste Disposal Act
TCLP
Toxicity Characteristic Leaching Procedure
TOC
Total Organic Catbon
TSDF
Treatment, Storage, or Disposal Facility
TSS
Total Suspended Solids
VOC
Volatile Organic Compound
WAP
Waste Analysis Plan
WWTP
Wastewater Treatment Plant
x
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