Hazardous Waste Generator Regulations
A User-Friendly Reference Document
Version 3: May 2009
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Table of Contents
General Hazardous Waste Generator Resources 10
CESQG Requirements 11
Applicability 11
Generator Status Determination 11
Hazardous Waste Determination 12
Scope of Regulation 13
Acute Hazardous Wastes 13
Management Requirements 14
Mixing 15
On-site Accumulation Quantity Limits 15
Consequences of Exceeding Quantity Limits 16
Subpart K—Alternative Requirements for Laboratories Owned by Eligible Academic
Entities 16
SQG Requirements 33
Applicability 33
Generator Status Determination 35
Hazardous Waste Determination 35
On-site Accumulation Time Limits 36
On-site Accumulation Quantity Limits 37
Consequences of Exceeding Quantity Limits 38
EPA ID Number 38
Accumulation Requirements for Storage Units: Containers 39
Accumulation Requirements for Storage Units: Tanks 40
Satellite Accumulation 43
Marking and Labeling 44
Personnel Training 45
Recordkeeping and Reporting 45
Preparedness and Prevention 45
Emergency Procedures and Response 47
Land Disposal Restrictions 48
Pre-transport Requirements 95
Manifest 96
Appendix to Part 262—Uniform Hazardous Waste Manifest and Instructions) 104
Exports 117
Imports 123
Transfrontier Shipments of Hazardous Waste for Recovery within the OECD 124
Farmers 135
Subpart K—Alternative Requirements for Laboratories Owned by Eligible Academic
Entities 135
LQG Requirements 151
Applicability 151
Generator Status Determination 153
Hazardous Waste Determination 153
EPA ID Number 154
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On-site Accumulation Time Limits 155
Consequences of Exceeding On-site Accumulation Time Limits 156
Accumulation Requirements for Storage Units: Containers 156
Accumulation Requirements for Storage Units: Tanks 158
Satellite Accumulation 174
Marking and Labeling 175
Personnel Training 175
Recordkeeping and Reporting 177
Preparedness and Prevention 179
Emergency Procedures and Response 181
Land Disposal Restrictions 185
Pre-transport Requirements 233
Manifest 234
Appendix to Part 262—Uniform Hazardous Waste Manifest and Instructions 241
Exports 254
Imports 260
Transfrontier Shipments of Hazardous Waste for Recovery within the OECD 261
Farmers 272
Accumulation Requirements for Storage Tanks: Drip Pads 272
Accumulation Requirements for Storage Units: Containment Buildings 278
Air Emissions 284
Closure and Post-closure 384
Special Requirements for Generators of F006 390
Special Requirements for Performance Track Members 393
Subpart K—Alternative Requirements for Laboratories Owned by Eligible Academic
Entities 395
Miscellaneous Resources 410
Miscellaneous 410
Empty Containers 411
Treatment 411
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Introduction
This web-based document serves as a user-friendly reference to assist
Environmental Protection Agency (EPA) and state staff, industrial facilities generating
and managing hazardous wastes as well as the general public, in locating and
understanding the current RCRA hazardous waste generator regulatory "requirements."1
These requirements are located primarily in Title 40 of the Code of Federal Regulations
(CFR) at Part 262. The requirements as laid out in this reference document are organized
by generator status—that is, conditionally exempt small quantity generators (CESQGs),
small quantity generators (SQGs), and large quantity generators (LQGs). Please note that
this reference document is designed to be web-based, so the usefulness of the document
is maximized when it is viewed on a computer that is connected to the internet.
This web-based document is not a substitute for the CFR itself or the
requirements contained in the CFR. This document is also not a rulemaking in any way.
Additionally, this reference document presents only the federal requirements for
hazardous waste generators. Most States are authorized to manage their hazardous waste
generator regulatory program. Therefore, States may have their own set of regulations
that apply in lieu of federal regulations, and while most state hazardous waste regulations
are based on the federal requirements, some states have developed regulations more
stringent than the federal program. We direct you to the following website to determine if
the state regulatory program is different from the federal program:
http://www.epa.gov/epawaste/wyl/stateprograms.htm
This web-based document grows out of an evaluation of the hazardous waste
generator program conducted in the spring of 2004 where EPA solicited input from its
various stakeholders through the issuance of an Advanced Notice of Proposed
Rulemaking (ANPRM). (Please see FR Volume 69, No.78, April 22, 2004, pages 21800-
21804.) EPA received over 500 individual comments from numerous organizations
identifying issues and areas of confusion with the current RCRA generator regulations,
and offering suggestions for resolving those issues. (Please see www.regulations.gov and
search for docket number RCRA-2003-0014.) The most frequently mentioned comment
from stakeholders was the need for EPA to improve the user-friendliness of the existing
regulations. Commenters noted that the applicable hazardous waste generator regulations
currently are scattered throughout the CFR and can be difficult to follow due to the large
number of cross-references. As a result, hazardous waste generators have difficulty in
understanding which regulations they must comply with.
1 Please note that hazardous waste generators are technically not subject solely to "requirements" in the
sense of mandatory "demands," but are also subject to requirements in the sense of "conditions" or
"prerequisites" that they must satisfy in order to qualify for optional exemptions from the requirement to
obtain a RCRA treatment, storage or disposal permit. Specifically, 40 CFR 262.34 provides conditions that
generators must satisfy in order to be excluded from RCRA permit and TSDF requirements. They are not
mandatory requirements per se since a generator may choose not to come under 262.34 and choose to seek
a RCRA permit instead. However, for convenience and simplicity, we use the term "requirements"
throughout this reference document.
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The objective of this document is to address some of the commenters' concerns
by consolidating and streamlining the generator regulatory requirements into a helpful
reference tool that features a user-friendly format, including references to EPA FAQs
(Frequently Asked Questions), letters, memoranda, and guidance documents that EPA
has provided to the public through the years to help hazardous waste generators interpret
the existing hazardous waste regulations. This document does not change any of the
existing generator regulatory requirements.
This document is organized by hazardous waste generator status (e.g, CESQG,
SQG and LQG), and, within those categories, by regulatory requirement as found in the
CFR. The Summary Table provides a summary of regulatory requirements for each class
of generator status. Also identified is the specific CFR citation for a particular regulatory
requirement. In some cases, a particular regulatory requirement will be applicable to all
classes of generators; in other cases to one or two classes.
This document is navigable in several ways. First, generators can use the
Summary Table to link directly to the regulatory citation of interest in the Government
Printing Office's Electronic Code of Federal Register website (e-CFR) EKiTDiseiai-™ by
left-clicking the mouse on the hyperlinks in the table. Clicking on the hyperlink will
open the e-CFR in a new web-browser window, so the original document will also
remain open.
Secondly, generators can take advantage of the Table of Contents (page 2 of the
document) or the bookmarks (located on the left-hand side of the screen) to navigate
through the body of the document. The Table of Contents and bookmarks are organized
by hazardous waste generator status ("Conditionally Exempt Small Quantity Generators",
"Small Quantity Generators" and "Large Quantity Generators"). As a subset to each
category of generator status, the user will find additional bookmarks linking to the
regulatory requirements for each class of generator. In some cases, a particular
regulatory requirement will be applicable to all classes of generators; in others cases, to
one or two classes. As above, generators can use the Table of Contents and bookmarks to
navigate by clicking the left side of the mouse on the link of interest in order to move
within the document.
To help stakeholders better understand specific requirements, we also have
provided, where applicable, hyperlinks to FAQs, letters, and memoranda issued by EPA,
as well as guidance documents developed by EPA that provide further clarification of the
hazardous waste generator regulations. We have attempted to identify the relevant
related FAQs, letters, memoranda, etc. on a particular subject (miscellaneous resources
can be found at the end of the document). However, please note that it is possible that
EPA could have inadvertently overlooked a relevant document and did not include it in
this reference document. Therefore we cannot guarantee that we captured every relevant
document in each and every instance. Additionally, once a generator has navigated to the
regulatory "requirement" of interest, we have provided hyperlinks to the e-CFR website
when the generator regulations cross-reference themselves or other regulations.
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Because regulations are promulgated throughout the year, EPA intends to update
this reference document periodically to remain up-to-date with the hazardous waste
generator regulatory requirements. However, as noted previously, this web-based
reference document is not a substitute for the CFR itself or the requirements in the CFR.
Additionally, the Government Printing Office frequently updates the e-CFR website to
which the document is linked.
This reference document assumes that a solid and hazardous waste has been
generated. Therefore, we have not included the applicable regulatory citations for
determining if a solid waste (See 40 CFR 261.2) or a hazardous waste (See 40 CFR
261.3) has been generated. Similarly, we have not included the regulatory citations for
specific exclusions from either the definition of solid waste and definition of hazardous
waste found in 40 CFR 261.4, or the requirements for recyclable materials found in 40
CFR 261.6. However, based on stakeholder comments, EPA is considering whether to
prepare similar reference documents for other hazardous waste regulations.
Please contact the following persons within EPA's Office of Resource
Conservation and Recovery (ORCR) with any questions or comments concerning this
document:
Jim O'Leary
oleary .j im@epa. gov
(703) 308-8827
Kristin Fitzgerald
Fitzgerald.kristin@epa.gov
(703) 308-8286
Version 3 Updates
1. Added Subpart K - Alternative Requirements for Hazardous Waste Determination
and Accumulation of Unwanted Material for Laboratories Owned by Eligible Academic
Entities to CESQG, SQG and LQG sections.
2. Added Appendix to Part 262—Uniform Hazardous Waste Manifest and Instructions to
SQG and LQG sections.
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Summary Chart
Hazardous Waste Generator Regulatory Requirements
1
2
3
4
5
6
7
8
9
10
11
12
13
REQUIREMENT
Purpose, Scope and
Applicability
Generator Status Determination
Hazardous Waste Determination
Acute Hazardous Wastes
Mixing
On-site Accumulation Time
Limits
On- Site Accumulation Quantity
Limits
Consequences of Exceeding
Quantity Limits
Management Requirements
EPA ID Number
Accumulation Requirements for
Storage Units: Containers
Accumulation Requirements for
Storage Units: Tanks
Satellite Accumulation
CESQG
See 40 CFR
262. 10 (a) and
(b)
See 40 CFR
261.5(c)and(d)
•
See 40 CFR
262.11
See 40 CFR
261.5(e)and(f)
See 40 CFR
261.5(¥)-(1)
N/A
See 26 1.5 (a)
See 261. 5 (g)
See 40 CFR
261. 5 (g)
N/A
N/A
N/A
N/A
SQG
See 40 CFR
262.10
See 40 CFR
261.5(c)and(d)
See 40 CFR
262.11
See 40 CFR
262.34 (c) (1)
and (c) (2)
N/A*
See 40 CFR
262.34 (dWf)
•
See 40 CFR
262.34 (d)
See 40 CFR
262.34 (f)
See 10-25
See 40 CFR
262.12
See 40 CFR
265.170-174
and 177
See 40 CFR
265.201
See 40 CFR
262.34 (c)
LQG
See 40 CFR
262.10
See 40 CFR
261.5(c)and(d)
•
See 40 CFR
262.11
See 40 CFR
262.34 (c) (1)
and (c) (2)
N/A
See 40 CFR
262.34 (a)
•
N/A
N/A
See 10-31
See 40 CFR
262.12
See 40 CFR
265.170-178
See 40 CFR
265.190-200
and 202
See 40 CFR
262.34 (c)
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14
15
16
17
18
19
20
21
22
23
24
25
26
27
REQUIREMENT
Marking and Labeling
Personnel Training
Recordkeeping
Emergency Procedures and
Response
Preparedness and Prevention
Land Disposal Restrictions
Pre-transport Requirements
Manifests
Appendix to Part 262 — Uniform
Hazardous Waste Manifest and
Instructions
Exports
Imports
Transfrontier Shipments of
Hazardous Waste for Recovery
within the OECD
Farmers
Accumulation Requirements for
Storage Units: Containment
Buildings
CESQG
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
SQG
See 40 CFR
262.34 (aY2)
and (a)(3)
See 40 CFR
262.34
(d)(5)(iii)
See 40 CFR
262.44
See 40 CFR
262.34
(d)(5)(iv)
See 40 CFR
262.34 fdYSYO-
(ii)
See 40 CFR 268
See 40 CFR
262.30-33
See 40 CFR
262.20-27
See 40 CFR
Appendix to
Part 262
See 40 CFR
262.50-58
See 40 CFR
262.60
See 40 CFR
262.80-89
See 40 CFR
262.70
N/A
LQG
See 40 CFR
262.34 (aY2)
and (a)(3)
See 40 CFR
265.16
See 40 CFR
262.40-43
See 40 CFR
265.50-56
See 40 CFR
265.30-37
See 40 CFR 268
See 40 CFR
262.30-33
See 40 CFR
262.20-27
See 40 CFR
Appendix to
Part 262
See 40 CFR
262.50-58
See 40 CFR
262.60
See 40 CFR
262.80-89
See 40 CFR
262.70
See 40 CFR
265.1100-1102
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28
29
30
31
32
33
REQUIREMENT
Accumulation Requirements for
Storage Units: Drip Pads
Air Emissions
Subpart AA
Subpart BB
Subpart CC
Closure and Post-Closure
Special Requirements for
Generators of F006
Special Requirements for
Performance Track Members
Subpart K — Alternative
Requirements for Hazardous
Waste Determination and
Accumulation of Unwanted
Material for Laboratories
Owned by Eligible Academic
Entities
CESQG
N/A
N/A
N/A
N/A
N/A
See 40 CFR
262.200-216
SQG
N/A
N/A
N/A
N/A
N/A
See 40 CFR
262.200-216
LQG
See 40 CFR
265.440-445
See 40 CFR
265.1030-1035
See 40 CFR
265.1050- 1064
See 40 CFR
265.1080-1090
See 40 CFR
265.111 and
114
See 40 CFR
262.34 fdWO
See 40 CFR
262.34 (1) and
(k)
See 40 CFR
262.200-216
* N/A = not applicable
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General Hazardous Waste Generator Resources
• Hazardous Waste Management System: Definitions
• Resource Conservation and Recovery Act: 2006 Orientation Manual
• RCRA Training Modules
o RCRA Hazardous Waste Generator Training Module
o RCRA Hazardous Waste Identification Training Module
• EPA Office of Enforcement and Compliance Assurance: Compliance Assistance
Centers
• Small Quantity Generator Handbook on Managing Hazardous Waste
• Frequently Asked Questions on Waste
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CESQG Requirements
• General Resources for Conditionally Exempt Small Quantity Generators
• Frequently Asked Questions on Waste
• Hazardous Waste Management System: Definitions
Applicability
§ 262.10: Purpose, scope, and applicability
(a) These regulations establish standards for generators of hazardous waste.
(b) 40 CFR261.5(c) and (d) must be used to determine the applicability of provisions of
this part that are dependent on calculations of the quantity of hazardous waste generated
per month.
Generator Status Determination
§261.5 (c) and (d): Generator status determination
(c) When making the quantity determinations of this part and 40 CFR part 262, the
generator must include all hazardous waste that it generates, except hazardous waste that:
(1) Is exempt from regulation under 40 CFR 261.4(c) through (f), 26L6(a)(3),
26L7(a)(l), or26L8;or
(2) Is managed immediately upon generation only in on-site elementary neutralization
units, wastewater treatment units, or totally enclosed treatment facilities as defined in 40
CFR 260.10: or
(3) Is recycled, without prior storage or accumulation, only in an on-site process subject
to regulation under 40 CFR 26L6(c)(2); or
(4) Is used oil managed under the requirements of 40 CFR 261.6(a)(4) and 40 CFR part
279: or
(5) Is spent lead-acid batteries managed under the requirements of 40 CFR part 266,
subpart G; or
(6) Is universal waste managed under 40 CFR 261.9 and 40 CFR part 273.
(d) In determining the quantity of hazardous waste generated, a generator need not
include:
(1) Hazardous waste when it is removed from on-site storage; or
(2) Hazardous waste produced by on- site treatment (including reclamation) of his
hazardous waste, so long as the hazardous waste that is treated was counted once; or
(3) Spent materials that are generated, reclaimed, and subsequently reused on-site, so
long as such spent materials have been counted once.
Related Resources:
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Amount of Waste Generated Per Month Determines Generator Status
Management of Hazardous Waste Generated in Quantities Less Than 100 kg and
Those That Are Thrown Away With Ordinary Garbage
Generator Quantity Determination for Mixtures
Generator Quantity Determinations for F006 Listed Sludge (8/16/2002)
Elementary Neutralization Units
Generator Counting Requirement for Solvent Stills
Hazardous Waste Determination
§ 262.11: Hazardous waste determination.
A person who generates a solid waste, as defined in 40 CFR 261.2, must determine if that
waste is a hazardous waste using the following method:
(a) He should first determine if the waste is excluded from regulation under 40 CFR
261.4.
(b) He must then determine if the waste is listed as a hazardous waste in subpart D of 40
CFR part 261.
NOTE: Even if the waste is listed, the generator still has an opportunity under 40 CFR
260.22 to demonstrate to the Administrator that the waste from his particular facility or
operation is not a hazardous waste.
(c) For purposes of compliance with 40 CFR part 268, or if the waste is not listed in
subpart D of 40 CFR part 261, the generator must then determine whether the waste is
identified in subpart C of 40 CFR part 261 by either:
(1) Testing the waste according to the methods set forth in subpart C of 40 CFR part 261,
or according to an equivalent method approved by the Administrator under 40 CFR
260.21: or
(2) Applying knowledge of the hazard characteristic of the waste in light of the materials
or the processes used.
(d) If the waste is determined to be hazardous, the generator must refer to parts 261, 264,
265, 266, 268, and 273 of this chapter for possible exclusions or restrictions pertaining to
management of the specific waste. [45 FR 33142, May 19, 1980, as amended at 45 FR
76624, Nov. 19, 1980; 51 FR 40637, Nov. 7, 1986; 55 FR 22684, June 1, 1990; 56 FR
3877, Jan. 31, 1991; 60 FR 25541, May 11, 1995]
Related Resources:
• What Makes a Waste Hazardous?
• Waste Analysis at Facilities that Generate, Treat, Store, and Dispose of Hazardous
Waste: A Guidance Manual
• Policies Regarding Self-Certification of Non-Hazardous Waste
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• Analytes to Look For When Performing RCRA Analysis
Scope of Regulation
§ 261.5: Special requirements for hazardous waste generated by conditionally
exempt small quantity generators.
(b) Except for those wastes identified in paragraphs (e), (f), (g), and (j) of this section, a
conditionally exempt small quantity generator's hazardous wastes are not subject to
regulation under parts 262 through 266, 268, and parts 270 and 124 of this chapter, and
the notification requirements of section 3010 of RCRA, provided the generator complies
with the requirements of paragraphs (f), (g), and (j) of this section
Acute Hazardous Wastes
§ 261.5: Special requirements for hazardous waste generated by conditionally
exempt small quantity generators.
(e) If a generator generates acute hazardous waste in a calendar month in quantities
greater than set forth below, all quantities of that acute hazardous waste are subject to full
regulation under parts 262 through 266, 268, and parts 270 and 124 of this chapter, and
the notification requirements of section 3010 of RCRA:
(1) A total of one kilogram of acute hazardous wastes listed in §§ 261.31, 261.32, or
26L33(e).
(2) A total of 100 kilograms of any residue or contaminated soil, waste, or other debris
resulting from the clean- up of a spill, into or on any land or water, of any acute
hazardous wastes listed in §§ 261.31, 261.32, or 26L33.(e).
[Comment: "Full regulation" means those regulations applicable to generators of greater
than 1,000 kg of non-acutely hazardous waste in a calendar month.]
(f) In order for acute hazardous wastes generated by a generator of acute hazardous
wastes in quantities equal to or less than those set forth in paragraph (e)(l) or (2) of this
section to be excluded from full regulation under this section, the generator must comply
with the following requirements:
(1) Section 262.11 of this chapter;
(2) The generator may accumulate acute hazardous waste on-site. If he accumulates at
any time acute hazardous wastes in quantities greater than those set forth in paragraph
(e)(l) or (e)(2) of this section, all of those accumulated wastes are subject to regulation
under parts 262 through 266, 268, and parts 270 and 124 of this chapter, and the
applicable notification requirements of section 3010 of RCRA. The time period of §
262.34(a) of this chapter, for accumulation of wastes on-site, begins when the
accumulated wastes exceed the applicable exclusion limit;
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(3) A conditionally exempt small quantity generator may either treat or dispose of his
acute hazardous waste in an on-site facility or ensure delivery to an off-site treatment,
storage, or disposal facility, either of which, if located in the U.S., is:
(i) Permitted under part 270 of this chapter;
(ii) In interim status under parts 270 and 265 of this chapter;
(iii) Authorized to manage hazardous waste by a State with a hazardous waste
management program approved under part 271 of this chapter;
(iv) Permitted, licensed, or registered by a State to manage municipal solid waste and, if
managed in a municipal solid waste landfill is subject to Part 258 of this chapter;
(v) Permitted, licensed, or registered by a State to manage non-municipal non-hazardous
waste and, if managed in a non-municipal non-hazardous waste disposal unit after
January 1, 1998, is subject to the requirements in §§ 257.5 through 257.30 of this chapter;
or
(vi) A facility which:
(A) Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or
(B) Treats its waste prior to beneficial use or reuse, or legitimate recycling or
reclamation; or (vii) For universal waste managed under part 273 of this chapter, a
universal waste handler or destination facility subject to the requirements of part 273 of
this chapter.
Related Resources:
• Conditionally Exempt Small Quantity Generators Treating in Elementary
Neutralization Units
• Accumulation Time for Acute and Non-Acute Hazardous Wastes
Management Requirements
§ 261.5: Special requirements for hazardous waste generated by conditionally
exempt small quantity generators.
(g) In order for hazardous waste generated by a conditionally exempt small quantity
generator in quantities of less than 100 kilograms of hazardous waste during a calendar
month to be excluded from full regulation under this section, the generator must comply
with the following requirements:
(1) Section 262.11 of this chapter;
(3) A conditionally exempt small quantity generator may either treat or dispose of his
hazardous waste in an on-site facility or ensure delivery to an off-site treatment, storage
or disposal facility, either of which, if located in the U.S., is:
(i) Permitted under part 270 of this chapter;
(ii) In interim status under parts 270 and 265 of this chapter;
(iii) Authorized to manage hazardous waste by a State with a hazardous waste
management program approved under part 271 of this chapter;
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(iv) Permitted, licensed, or registered by a State to manage municipal solid waste and, if
managed in a municipal solid waste landfill is subject to Part 258 of this chapter;
(v) Permitted, licensed, or registered by a State to manage non-municipal non-hazardous
waste and, if managed in a non-municipal non-hazardous waste disposal unit after
January 1, 1998, is subject to the requirements in §§ 257.5 through 257.30 of this chapter;
or
(vi) A facility which:
(A) Beneficially uses or reuses, or legitimately recycles or reclaims its waste; or
(B) Treats its waste prior to beneficial use or reuse, or legitimate recycling or
reclamation; or (vii) For universal waste managed under part 273 of this chapter, a
universal waste handler or destination facility subject to the requirements of part 273 of
this chapter.
Related Resources:
• Clarification of S261.5(g)(3)(iv)
• Conditionally Exempt Small Quantity Generator Provisions
Mixing
§ 261.5: Special requirements for hazardous waste generated by conditionally
exempt small quantity generators.
(h) Hazardous waste subject to the reduced requirements of this section may be mixed
with non-hazardous waste and remain subject to these reduced requirements even though
the resultant mixture exceeds the quantity limitations identified in this section, unless the
mixture meets any of the characteristics of hazardous waste identified in subpart C.
(i) If any person mixes a solid waste with a hazardous waste that exceeds a quantity
exclusion level of this section, the mixture is subject to full regulation.
(j) If a conditionally exempt small quantity generator's wastes are mixed with used oil,
the mixture is subject to part 279 of this chapter. Any material produced from such a
mixture by processing, blending, or other treatment is also so regulated.
[51 FR 10174, Mar. 24, 1986, as amended at 51 FR 28682, Aug. 8, 1986; 51 FR 40637,
Nov. 7, 1986; 53 FR 27163, July 19, 1988; 58 FR 26424 May 3, 1993; 60 FR 25541,
May 11, 1995; 61 FR 34278, July 1, 1996; 63 FR 24968, May 6, 1998; 63 FR 37782,
July 14, 1998; 68 FR 44665, July 30, 2003]
Relates Resources:
• Generator Quantity Determination for Mixtures
On-site Accumulation Quantity Limits
§ 261.5: Special requirements for hazardous waste generated by conditionally
exempt small quantity generators.
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(a) A generator is a conditionally exempt small quantity generator in a calendar month if
he generates no more than 100 kilograms of hazardous waste in that month.
Related Resources:
• Conditionally Exempt Small Quantity Generator Provisions
• Amount of Waste Generated per Month Determines Generator Status
Consequences of Exceeding Quantity Limits
§ 261.5: Special requirements for hazardous waste generated by conditionally
exempt small quantity generators.
(g) In order for hazardous waste generated by a conditionally exempt small quantity
generator in quantities less than 100 kilograms of hazardous waste during a calendar
month to be excluded from full regulation under this section, the generator must comply
with the following:
(2) The conditionally exempt small quantity generator may accumulate hazardous waste
on-site. If he accumulates at any time more than a total of 1000 kilograms of his
hazardous wastes, all of those accumulated wastes are subject to regulation under the
special provisions of part 262 applicable to generators of between 100 kg and 1000 kg of
hazardous waste in a calendar month as well as the requirements of parts 263 through
266, 268, and parts 270 and 124 of this chapter, and the applicable notification
requirements of section 3010 of RCRA. The time period of § 262.34(d) for accumulation
of wastes on-site begins for a conditionally exempt small quantity generator when the
accumulated wastes exceed 1000 kilograms;
Related Resources:
• Amount of Waste Generated per Month Determines Generator Status
Subpart K—Alternative Requirements for Laboratories Owned by Eligible Academic
Entities
Source: 73 72954, Dec. 1, 2008, unless otherwise noted.
Note: Other than the following 3 items, the requirements for conditionally exempt
small quantity generators at Subpart K are the same as the requirements for small
and large quantity generators.
Definition of Trained Professional: Trained professional means a person who has
completed the applicable RCRA training requirements of § 265.16 for large quantity
generators, or is knowledgeable about normal operations and emergencies in accordance
with § 262.34(d)(5)(iii) for small quantity generators and conditionally exempt small
quantity generators.
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§ 262.209 Where and when to make the hazardous waste determination and where
to send containers of unwanted material upon removal from the laboratory.
(b) Conditionally exempt small quantity generators—an eligible academic entity must
ensure that a trained professional makes a hazardous waste determination, pursuant to §
262.11, for unwanted material in the laboratory before the unwanted material is removed
from the laboratory, in accordance with § 262.210.
§ 262.210 Making the hazardous waste determination in the laboratory before the
unwanted material is removed from the laboratory.
(d) When hazardous waste is removed from the laboratory:
(2) Conditionally exempt small quantity generators must ensure it is taken directly
from the laboratory(ies) to any of the types of facilities listed in § 261.5(f)(3) for acute
hazardous waste, or § 261.5(g)(3) for hazardous waste.
§ 262.200 Definitions for this subpart.
The following definitions apply to this subpart:
Central accumulation area means an on-site hazardous waste accumulation area subject
to either §262.34(a) (or 262.34 (j) and (k) for Performance Track members) of this part
(large quantity generators); or §262.34 (d)-(f) of this part (small quantity generators). A
central accumulation area at an eligible academic entity that chooses to be subject to this
subpart must also comply with §262.211 when accumulating unwanted material and/or
hazardous waste.
College/University means a private or public, post-secondary, degree-granting, academic
institution, that is accredited by an accrediting agency listed annually by the U.S.
Department of Education.
Eligible academic entity means a college or university, or a non-profit research institute
that is owned by or has a formal written affiliation agreement with a college or university,
or a teaching hospital that is owned by or has a formal written affiliation agreement with
a college or university.
Formal written affiliation agreement for a non-profit research institute means a written
document that establishes a relationship between institutions for the purposes of research
and/or education and is signed by authorized representatives, as defined by §260.10, from
each institution. A relationship on a project-by-project or grant-by-grant basis is not
considered a formal written affiliation agreement. A formal written affiliation agreement
for a teaching hospital means a master affiliation agreement and program letter of
agreement, as defined by the Accreditation Council for Graduate Medical Education,
with an accredited medical program or medical school.
Laboratory means an area owned by an eligible academic entity where relatively small
quantities of chemicals and other substances are used on a non-production basis for
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teaching or research (or diagnostic purposes at a teaching hospital) and are stored and
used in containers that are easily manipulated by one person. Photo laboratories, art
studios, and field laboratories are considered laboratories. Areas such as chemical
stockrooms and preparatory laboratories that provide a support function to teaching or
research laboratories (or diagnostic laboratories at teaching hospitals) are also considered
laboratories.
Laboratory clean-out means an evaluation of the inventory of chemicals and other
materials in a laboratory that are no longer needed or that have expired and the
subsequent removal of those chemicals or other unwanted materials from the laboratory.
A clean-out may occur for several reasons. It may be on a routine basis (e.g., at the end of
a semester or academic year) or as a result of a renovation, relocation, or change in
laboratory supervisor/occupant. A regularly scheduled removal of unwanted material as
required by §262.208 does not qualify as a laboratory clean-out.
Laboratory worker means a person who handles chemicals and/or unwanted material in a
laboratory and may include, but is not limited to, faculty, staff, post-doctoral fellows,
interns, researchers, technicians, supervisors/managers, and principal investigators. A
person does not need to be paid or otherwise compensated for his/her work in the
laboratory to be considered a laboratory worker. Undergraduate and graduate students in
a supervised classroom setting are not laboratory workers.
Non-profit research institute means an organization that conducts research as its primary
function and files as a non-profit organization under the tax code of 26 U.S.C. 501(c)(3).
Reactive acutely hazardous unwanted material means an unwanted material that is one of
the acutely hazardous commercial chemical products listed in §261.33(e) for reactivity.
Teaching hospital means a hospital that trains students to become physicians, nurses or
other health or laboratory personnel.
Trained professional means a person who has completed the applicable RCRA training
requirements of §265.16 for large quantity generators, or is knowledgeable about normal
operations and emergencies in accordance with §262.34 (d)(5)(iii) for small quantity
generators and conditionally exempt small quantity generators. A trained professional
may be an employee of the eligible academic entity or may be a contractor or vendor who
meets the requisite training requirements.
Unwanted material means any chemical, mixtures of chemicals, products of experiments
or other material from a laboratory that is no longer needed, wanted or usable in the
laboratory and that is destined for hazardous waste determination by a trained
professional. Unwanted materials include reactive acutely hazardous unwanted materials
and materials that may eventually be determined not to be solid waste pursuant to §261.2,
or a hazardous waste pursuant to §261.3. If an eligible academic entity elects to use
another equally effective term in lieu of "unwanted material," as allowed by
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§262.206(a)(l)(i), the equally effective term has the same meaning and is subject to the
same requirements as "unwanted material" under this subpart.
Working container means a small container ( i.e. , two gallons or less) that is in use at a
laboratory bench, hood, or other work station, to collect unwanted material from a
laboratory experiment or procedure.
§262.201 Applicability of this subpart.
(a) Large quantity generators and small quantity generators. This subpart provides
alternative requirements to the requirements in §§262.11 and (c) for the hazardous waste
determination and accumulation of hazardous waste in laboratories owned by eligible
academic entities that choose to be subject to this subpart, provided that they complete
the notification requirements of §262.203.
(b) Conditionally exempt small quantity generators. This subpart provides alternative
requirements to the conditional exemption in §261.5(b) for the accumulation of
hazardous waste in laboratories owned by eligible academic entities that choose to be
subject to this subpart, provided that they complete the notification requirements of
§262.203.
§ 262.202 This subpart is optional.
(a) Large quantity generators and small quantity generators: Eligible academic entities
have the option of complying with this subpart with respect to its laboratories, as an
alternative to complying with the requirements of §§262.Hand 262.34 (c).
(b) Conditionally exempt small quantity generators. Eligible academic entities have the
option of complying with this subpart with respect to its laboratories, as an alternative to
complying with the conditional exemption of §261.5 (b).
§ 262.203 How an eligible academic entity indicates it will be subject to the
requirements of this subpart.
(a) An eligible academic entity must notify the appropriate EPA Regional Administrator
in writing, using the RCRA Subtitle C Site Identification Form (EPA Form 8700-12),
that it is electing to be subject to the requirements of this subpart for all the laboratories
owned by the eligible academic entity under the same EPA Identification Number. An
eligible academic entity that is a conditionally exempt small quantity generator and does
not have an EPA Identification Number must notify that it is electing to be subject to the
requirements of this subpart for all the laboratories owned by the eligible academic entity
that are on-site, as defined by §260.10. An eligible academic entity must submit a
separate notification (Site Identification Form) for each EPA Identification Number (or
site, for conditionally exempt small quantity generators) that is electing to be subject to
the requirements of this subpart, and must submit the Site Identification Form before it
begins operating under this subpart.
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(b) When submitting the Site Identification Form, the eligible academic entity must, at a
minimum, fill out the following fields on the form:
(1) Reason for Submittal.
(2) Site EPA Identification Number (except for conditionally exempt small quantity
generators).
(3) Site Name.
(4) Site Location Information.
(5) Site Land Type.
(6) North American Industry Classification System (NAICS) Code(s) for the Site.
(7) Site Mailing Address.
(8) Site Contact Person.
(9) Operator and Legal Owner of the Site.
(10) Type of Regulated Waste Activity.
(11) Certification.
(c) An eligible academic entity must keep a copy of the notification on file at the eligible
academic entity for as long as its laboratories are subject to this subpart.
(d) A teaching hospital that is not owned by a college or university must keep a copy of
its formal written affiliation agreement with a college or university on file at the teaching
hospital for as long as its laboratories are subject to this subpart.
(e) A non-profit research institute that is not owned by a college or university must keep a
copy of its formal written affiliation agreement with a college or university on file at the
non-profit research institute for as long as its laboratories are subject to this subpart.
§ 262.204 How an eligible academic entity indicates it will withdraw from the
requirements of this subpart.
(a) An eligible academic entity must notify the appropriate EPA Regional Administrator
in writing, using the RCRA Subtitle C Site Identification Form (EPA Form 8700-12),
that it is electing to no longer be subject to the requirements of this subpart for all the
laboratories owned by the eligible academic entity under the same EPA Identification
Number and that it will comply with the requirements of §§262.11 and 262.34 (c) for
small quantity generators and large quantity generators. An eligible academic entity that
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is a conditionally exempt small quantity generator and does not have an EPA
Identification Number must notify that it is withdrawing from the requirements of this
subpart for all the laboratories owned by the eligible academic entity that are on-site and
that it will comply with the conditional exemption in §261.5(b). An eligible academic
entity must submit a separate notification (Site Identification Form) for each EPA
Identification Number (or site, for conditionally exempt small quantity generators) that is
withdrawing from the requirements of this subpart and must submit the Site Identification
Form before it begins operating under the requirements of §§262.11 and 262.34 (c) for
small quantity generators and large quantity generators, or §261.5 (b) for conditionally
exempt small quantity generators.
(b) When submitting the Site Identification Form, the eligible academic entity must, at a
minimum, fill out the following fields on the form:
(1) Reason for Submittal.
(2) Site EPA Identification Number (except for conditionally exempt small quantity
generators).
(3) Site Name.
(4) Site Location Information.
(5) Site Land Type.
(6) North American Industry Classification System (NAICS) Code(s) for the Site.
(7) Site Mailing Address.
(8) Site Contact Person.
(9) Operator and Legal Owner of the Site.
(10) Type of Regulated Waste Activity.
(11) Certification.
(c) An eligible academic entity must keep a copy of the withdrawal notice on file at the
eligible academic entity for three years from the date of the notification.
§ 262.205 Summary of the requirements of this subpart.
An eligible academic entity that chooses to be subject to this subpart is not required to
have interim status or a RCRA Part B permit for the accumulation of unwanted material
and hazardous waste in its laboratories, provided the laboratories comply with the
provisions of this subpart and the eligible academic entity has a Laboratory Management
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Plan (LMP) in accordance with §262.214 that describes how the laboratories owned by
the eligible academic entity will comply with the requirements of this subpart.
§ 262.206 Labeling and management standards for containers of unwanted material
in the laboratory.
An eligible academic entity must manage containers of unwanted material while in the
laboratory in accordance with the requirements in this section.
(a) Labeling: Label unwanted material as follows:
(1) The following information must be affixed or attached to the container:
(i) The words "unwanted material" or another equally effective term that is to be used
consistently by the eligible academic entity and that is identified in Part I of the
Laboratory Management Plan, and
(ii) Sufficient information to alert emergency responders to the contents of the container.
Examples of information that would be sufficient to alert emergency responders to the
contents of the container include, but are not limited to:
(A) The name of the chemical(s),
(B) The type or class of chemical, such as organic solvents or halogenated organic
solvents.
(2) The following information may be affixed or attached to the container, but must at a
minimum be associated with the container:
(i) The date that the unwanted material first began accumulating in the container, and
(ii) Information sufficient to allow a trained professional to properly identify whether an
unwanted material is a solid and hazardous waste and to assign the proper hazardous
waste code(s), pursuant to §262.11. Examples of information that would allow a trained
professional to properly identify whether an unwanted material is a solid or hazardous
waste include, but are not limited to:
(A) The name and/or description of the chemical contents or composition of the
unwanted material, or, if known, the product of the chemical reaction,
(B) Whether the unwanted material has been used or is unused,
(C) A description of the manner in which the chemical was produced or processed, if
applicable.
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(b) Management of Containers in the Laboratory: An eligible academic entity must
properly manage containers of unwanted material in the laboratory to assure safe storage
of the unwanted material, to prevent leaks, spills, emissions to the air, adverse chemical
reactions, and dangerous situations that may result in harm to human health or the
environment. Proper container management must include the following:
(1) Containers are maintained and kept in good condition and damaged containers are
replaced, overpacked, or repaired, and
(2) Containers are compatible with their contents to avoid reactions between the contents
and the container; and are made of, or lined with, material that is compatible with the
unwanted material so that the container's integrity is not impaired, and
(3) Containers must be kept closed at all times, except:
(i) When adding, removing or consolidating unwanted material, or
(ii) A working container may be open until the end of the procedure or work shift, or until
it is full, whichever comes first, at which time the working container must either be
closed or the contents emptied into a separate container that is then closed, or
(iii) When venting of a container is necessary.
(A) For the proper operation of laboratory equipment, such as with in-line collection of
unwanted materials from high performance liquid chromatographs, or
(B) To prevent dangerous situations, such as build-up of extreme pressure.
§262.207 Training.
An eligible academic entity must provide training to all individuals working in a
laboratory at the eligible academic entity, as follows:
(a) Training for laboratory workers and students must be commensurate with their duties
so they understand the requirements in this subpart and can implement them.
(b) An eligible academic entity can provide training for laboratory workers and students
in a variety of ways, including, but not limited to:
(1) Instruction by the professor or laboratory manager before or during an experiment; or
(2) Formal classroom training; or
(3) Electronic/written training; or
(4) On-the-job training; or
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(5) Written or oral exams.
(c) An eligible academic entity that is a large quantity generator must maintain
documentation for the durations specified in §265.16 (e) demonstrating training for all
laboratory workers that is sufficient to determine whether laboratory workers have been
trained. Examples of documentation demonstrating training can include, but are not
limited to, the following:
(1) Sign-in/attendance sheet(s) for training session(s); or
(2) Syllabus for training session; or
(3) Certificate of training completion; or
(4) Test results.
(d) A trained professional must:
(1) Accompany the transfer of unwanted material and hazardous waste when the
unwanted material and hazardous waste is removed from the laboratory, and
(2) Make the hazardous waste determination, pursuant to §262.11, for unwanted material.
§ 262.208 Removing containers of unwanted material from the laboratory.
(a) Removing containers of unwanted material on a regular schedule. An eligible
academic entity must either:
(1) Remove all containers of unwanted material from each laboratory on a regular
interval, not to exceed 6 months; or
(2) Remove containers of unwanted material from each laboratory within 6 months of
each container's accumulation start date.
(b) The eligible academic entity must specify in Part I of its Laboratory Management
Plan whether it will comply with paragraph (a)(l) or (a)(2) of this section for the regular
removal of unwanted material from its laboratories.
(c) The eligible academic entity must specify in Part II of its Laboratory Management
Plan how it will comply with paragraph (a)(l) or (a)(2) of this section and develop a
schedule for regular removals of unwanted material from its laboratories.
(d) Removing containers of unwanted material when volumes are exceeded.
(1) If a laboratory accumulates a total volume of unwanted material (including reactive
acutely hazardous unwanted material) in excess of 55 gallons before the regularly
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scheduled removal, the eligible academic entity must ensure that all containers of
unwanted material in the laboratory (including reactive acutely hazardous unwanted
material):
(i) Are marked on the label that is associated with the container (or on the label that is
affixed or attached to the container, if that is preferred) with the date that 55 gallons is
exceeded; and
(ii) Are removed from the laboratory within 10 calendar days of the date that 55 gallons
was exceeded, or at the next regularly scheduled removal, whichever comes first.
(2) If a laboratory accumulates more than 1 quart of reactive acutely hazardous unwanted
material before the regularly scheduled removal, then the eligible academic entity must
ensure that all containers of reactive acutely hazardous unwanted material:
(i) Are marked on the label that is associated with the container (or on the label that is
affixed or attached to the container, if that is preferred) with the date that 1 quart is
exceeded; and
(ii) Are removed from the laboratory within 10 calendar days of the date that 1 quart was
exceeded, or at the next regularly scheduled removal, whichever comes first.
§ 262.209 Where and when to make the hazardous waste determination and where to
send containers of unwanted material upon removal from the laboratory.
(a) Large quantity generators and small quantity generators—an eligible academic entity
must ensure that a trained professional makes a hazardous waste determination, pursuant
to §262.11, for unwanted material in any of the following areas:
(1) In the laboratory before the unwanted material is removed from the laboratory, in
accordance with §262.210;
(2) Within 4 calendar days of arriving at an on-site central accumulation area, in
accordance with §262.211; and
(3) Within 4 calendar days of arriving at an on-site interim status or permitted treatment,
storage or disposal facility, in accordance with §262.212.
(b) Conditionally exempt small quantity generators—an eligible academic entity must
ensure that a trained professional makes a hazardous waste determination, pursuant to
§262.11, for unwanted material in the laboratory before the unwanted material is
removed from the laboratory, in accordance with §262.210.
§ 262.210 Making the hazardous waste determination in the laboratory before the
unwanted material is removed from the laboratory.
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If an eligible academic entity makes the hazardous waste determination, pursuant to
§262.11, for unwanted material in the laboratory, it must comply with the following:
(a) A trained professional must make the hazardous waste determination, pursuant to
§262.11, before the unwanted material is removed from the laboratory.
(b) If an unwanted material is a hazardous waste, the eligible academic entity must:
(1) Write the words "hazardous waste" on the container label that is affixed or attached to
the container, before the hazardous waste may be removed from the laboratory; and
(2) Write the appropriate hazardous waste code(s) on the label that is associated with the
container (or on the label that is affixed or attached to the container, if that is preferred)
before the hazardous waste is transported off-site.
(3) Count the hazardous waste toward the eligible academic entity's generator status,
pursuant to §261.5 (c) and (d), in the calendar month that the hazardous waste
determination was made.
(c) A trained professional must accompany all hazardous waste that is transferred from
the laboratory(ies) to an on-site central accumulation area or on-site interim status or
permitted treatment, storage or disposal facility.
(d) When hazardous waste is removed from the laboratory:
(1) Large quantity generators and small quantity generators must ensure it is taken
directly from the laboratory(ies) to an on-site central accumulation area, or on-site
interim status or permitted treatment, storage or disposal facility, or transported off-site.
(2) Conditionally exempt small quantity generators must ensure it is taken directly from
the laboratory(ies) to any of the types of facilities listed in §261.5 (f)(3) for acute
hazardous waste, or §261.5 (g)(3) for hazardous waste.
(e) An unwanted material that is a hazardous waste is subject to all applicable hazardous
waste regulations when it is removed from the laboratory.
§ 262.211 Making the hazardous waste determination at an on-site central
accumulation area.
If an eligible academic entity makes the hazardous waste determination, pursuant to
§262.11, for unwanted material at an on-site central accumulation area, it must comply
with the following:
(a) A trained professional must accompany all unwanted material that is transferred from
the laboratory(ies) to an on-site central accumulation area.
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(b) All unwanted material removed from the laboratory(ies) must be taken directly from
the laboratory(ies) to the on-site central accumulation area.
(c) The unwanted material becomes subject to the generator accumulation regulations of
§262.34 (a) (or §262.34 (j) and (k) for Performance Track members) for large quantity
generators or §262.34 (d)-(f) for small quantity generators as soon as it arrives in the
central accumulation area, except for the "hazardous waste" labeling requirements of
§262.34 (a)(3) (or §262.34 (j)(6) for Performance Track members).
(d) A trained professional must determine, pursuant to §262.11, if the unwanted material
is a hazardous waste within 4 calendar days of the unwanted materials' arrival at the on-
site central accumulation area.
(e) If the unwanted material is a hazardous waste, the eligible academic entity must:
(1) Write the words "hazardous waste" on the container label that is affixed or attached to
the container, within 4 calendar days of arriving at the on-site central accumulation area
and before the hazardous waste may be removed from the on-site central accumulation
area, and
(2) Write the appropriate hazardous waste code(s) on the container label that is associated
with the container (or on the label that is affixed or attached to the container, if that is
preferred) before the hazardous waste may be treated or disposed of on-site or transported
off-site, and
(3) Count the hazardous waste toward the eligible academic entity's generator status,
pursuant to §261.5 (c) and (d) in the calendar month that the hazardous waste
determination was made, and
(4) Manage the hazardous waste according to all applicable hazardous waste regulations.
§ 262.212 Making the hazardous waste determination at an on-site interim status or
permitted treatment, storage or disposal facility.
If an eligible academic entity makes the hazardous waste determination, pursuant to
§262.11, for unwanted material at an on-site interim status or permitted treatment, storage
or disposal facility, it must comply with the following:
(a) A trained professional must accompany all unwanted material that is transferred from
the laboratory(ies) to an on-site interim status or permitted treatment, storage or disposal
facility.
(b) All unwanted material removed from the laboratory(ies) must be taken directly from
the laboratory(ies) to the on-site interim status or permitted treatment, storage or disposal
facility.
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(c) The unwanted material becomes subject to the terms of the eligible academic entity's
hazardous waste permit or interim status as soon as it arrives in the on-site treatment,
storage or disposal facility.
(d) A trained professional must determine, pursuant to §262.11, if the unwanted material
is a hazardous waste within 4 calendar days of the unwanted materials' arrival at an on-
site interim status or permitted treatment, storage or disposal facility.
(e) If the unwanted material is a hazardous waste, the eligible academic entity must:
(1) Write the words "hazardous waste" on the container label that is affixed or attached to
the container (or on the label that is affixed or attached to the container, if that is
preferred) within 4 calendar days of arriving at the on-site interim status or permitted
treatment, storage or disposal facility and before the hazardous waste may be removed
from the on-site interim status or permitted treatment, storage or disposal facility, and
(2) Write the appropriate hazardous waste code(s) on the container label that is associated
with the container (or on the label that is affixed or attached to the container, if that is
preferred) before the hazardous waste may be treated or disposed on-site or transported
off-site, and
(3) Count the hazardous waste toward the eligible academic entity's generator status,
pursuant to §261.5 (c) and (d) in the calendar month that the hazardous waste
determination was made, and
(4) Manage the hazardous waste according to all applicable hazardous waste regulations.
§262.213 Laboratory clean-outs.
(a) One time per 12 month period for each laboratory, an eligible academic entity may
opt to conduct a laboratory clean-out that is subject to all the applicable requirements of
this subpart, except that:
(1) If the volume of unwanted material in the laboratory exceeds 55 gallons (or 1 quart of
reactive acutely hazardous unwanted material), the eligible academic entity is not
required to remove all unwanted materials from the laboratory within 10 calendar days of
exceeding 55 gallons (or 1 quart of reactive acutely hazardous unwanted material), as
required by §262.208. Instead, the eligible academic entity must remove all unwanted
materials from the laboratory within 30 calendar days from the start of the laboratory
clean-out; and
(2) For the purposes of on-site accumulation, an eligible academic entity is not required
to count a hazardous waste that is an unused commercial chemical product (listed in 40
CFR part 261, subpart D or exhibiting one or more characteristics in 40 CFR part 261,
subpart C) generated solely during the laboratory clean-out toward its hazardous waste
generator status, pursuant to §261.5 (c) and (d). An unwanted material that is generated
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prior to the beginning of the laboratory clean-out and is still in the laboratory at the time
the laboratory clean-out commences must be counted toward hazardous waste generator
status, pursuant to §261.5 (c) and (d), if it is determined to be hazardous waste; and
(3) For the purposes of off-site management, an eligible academic entity must count all
its hazardous waste, regardless of whether the hazardous waste was counted toward
generator status under paragraph (a)(2) of this section, and if it generates more than 1
kg/month of acute hazardous waste or more than 100 kg/month of hazardous waste (i.e.,
the conditionally exempt small quantity generator limits of §261.5), the hazardous waste
is subject to all applicable hazardous waste regulations when it is transported off-site; and
(4) An eligible academic entity must document the activities of the laboratory clean-out.
The documentation must, at a minimum, identify the laboratory being cleaned out, the
date the laboratory clean-out begins and ends, and the volume of hazardous waste
generated during the laboratory clean-out. The eligible academic entity must maintain the
records for a period of three years from the date the clean-out ends; and
(b) For all other laboratory clean-outs conducted during the same 12-month period, an
eligible academic entity is subject to all the applicable requirements of this subpart,
including, but not limited to:
(1) The requirement to remove all unwanted materials from the laboratory within 10
calendar days of exceeding 55 gallons (or 1 quart of reactive acutely hazardous unwanted
material), as required by §262.208; and
(2) The requirement to count all hazardous waste, including unused hazardous waste,
generated during the laboratory clean-out toward its hazardous waste generator status,
pursuant to §261.5 (c) and (d).
§262.214 Laboratory management plan.
An eligible academic entity must develop and retain a written Laboratory Management
Plan, or revise an existing written plan. The Laboratory Management Plan is a site-
specific document that describes how the eligible academic entity will manage unwanted
materials in compliance with this subpart. An eligible academic entity may write one
Laboratory Management Plan for all the laboratories owned by the eligible academic
entity that have opted into this subpart, even if the laboratories are located at sites with
different EPA Identification Numbers. The Laboratory Management Plan must contain
two parts with a total of nine elements identified in paragraphs (a) and (b) of this section.
In Part I of its Laboratory Management Plan, an eligible academic entity must describe its
procedures for each of the elements listed in paragraph (a) of this section. An eligible
academic entity must implement and comply with the specific provisions that it develops
to address the elements in Part I of the Laboratory Management Plan. In Part II of its
Laboratory Management Plan, an eligible academic entity must describe its best
management practices for each of the elements listed in paragraph (b) of this section. The
specific actions taken by an eligible academic entity to implement each element in Part II
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of its Laboratory Management Plan may vary from the procedures described in the
eligible academic entity's Laboratory Management Plan, without constituting a violation
of this subpart. An eligible academic entity may include additional elements and best
management practices in Part II of its Laboratory Management Plan if it chooses.
(a) The eligible academic entity must implement and comply with the specific provisions
of Part I of its Laboratory Management Plan. In Part I of its Laboratory Management
Plan, an eligible academic entity must:
(1) Describe procedures for container labeling in accordance with §262.206(a), including:
(i) Identifying whether the eligible academic entity will use the term "unwanted material"
on the containers in the laboratory. If not, identify an equally effective term that will be
used in lieu of "unwanted material" and consistently by the eligible academic entity. The
equally effective term, if used, has the same meaning and is subject to the same
requirements as "unwanted material."
(ii) Identifying the manner in which information that is "associated with the container"
will be imparted.
(2) Identify whether the eligible academic entity will comply with §262.208(a)(l) or
(a)(2) for regularly scheduled removals of unwanted material from the laboratory.
(b) In Part II of its Laboratory Management Plan, an eligible academic entity must:
(1) Describe its intended best practices for container labeling and management, including
how the eligible academic entity will manage containers used for in-line collection of
unwanted materials, such as with high performance liquid chromatographs and other
laboratory equipment (see the required standards at §262.206).
(2) Describe its intended best practices for providing training for laboratory workers and
students commensurate with their duties (see the required standards at §262.207(a)).
(3) Describe its intended best practices for providing training to ensure safe on-site
transfers of unwanted material and hazardous waste by trained professionals (see the
required standards at §262.207(d)(l)).
(4) Describe its intended best practices for removing unwanted material from the
laboratory, including:
(i) For regularly scheduled removals—Develop a regular schedule for identifying and
removing unwanted materials from its laboratories (see the required standards at
§262.208(a)(l) and (a)(2)).
(ii) For removals when maximum volumes are exceeded:
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(A) Describe its intended best practices for removing unwanted materials from the
laboratory within 10 calendar days when unwanted materials have exceeded their
maximum volumes (see the required standards at §262.208(d)).
(B) Describe its intended best practices for communicating that unwanted materials have
exceeded their maximum volumes.
(5) Describe its intended best practices for making hazardous waste determinations,
including specifying the duties of the individuals involved in the process (see the required
standards at §262.11 and §§262.209 through 262.212).
(6) Describe its intended best practices for laboratory clean-outs, if the eligible academic
entity plans to use the incentives for laboratory clean-outs provided in §262.213,
including:
(i) Procedures for conducting laboratory clean-outs (see the required standards at
§262.213(a)(l) through (3)); and
(ii) Procedures for documenting laboratory clean-outs (see the required standards at
§262.213(a)(4)).
(7) Describe its intended best practices for emergency prevention, including:
(i) Procedures for emergency prevention, notification, and response, appropriate to the
hazards in the laboratory; and
(ii) A list of chemicals that the eligible academic entity has, or is likely to have, that
become more dangerous when they exceed their expiration date and/or as they degrade;
and
(iii) Procedures to safely dispose of chemicals that become more dangerous when they
exceed their expiration date and/or as they degrade; and
(iv) Procedures for the timely characterization of unknown chemicals.
(c) An eligible academic entity must make its Laboratory Management Plan available to
laboratory workers, students, or any others at the eligible academic entity who request it.
(d) An eligible academic entity must review and revise its Laboratory Management Plan,
as needed.
§ 262.215 Unwanted material that is not solid or hazardous waste.
(a) If an unwanted material does not meet the definition of solid waste in §261.2, it is no
longer subject to this subpart or to the RCRA hazardous waste regulations.
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(b) If an unwanted material does not meet the definition of hazardous waste in §261.3, it
is no longer subject to this subpart or to the RCRA hazardous waste regulations, but must
be managed in compliance with any other applicable regulations and/or conditions.
§ 262.216 Non-laboratory hazardous waste generated at an eligible academic entity.
An eligible academic entity that generates hazardous waste outside of a laboratory is not
eligible to manage that hazardous waste under this subpart; and
(a) Remains subject to the generator requirements of §§262.11 and 262.34 (c) for large
quantity generators and small quantity generators (if the hazardous waste is managed in a
satellite accumulation area), and all other applicable generator requirements of 40 CFR
part 262, with respect to that hazardous waste; or
(b) Remains subject to the conditional exemption of §261.5 (b) for conditionally exempt
small quantity generators, with respect to that hazardous waste.
Related Resources:
Hazardous Waste Generated in Laboratories
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SQG Requirements
• Resources for Small Quantity Generators
• Frequently Asked Questions on Waste
• Hazardous Waste Management System: Definitions
Applicability
§ 262.10: Purpose, scope, and applicability
(a) These regulations establish standards for generators of hazardous waste.
(b) 40 CFR261.5(c) and (d) must be used to determine the applicability of provisions of
this part that are dependent on calculations of the quantity of hazardous waste generated
per month.
(c) A generator who treats, stores, or disposes of hazardous waste on-site must only
comply with the following sections of this part with respect to that waste: Section 262.11
for determining whether or not he has a hazardous waste, § 262.12 for obtaining an EPA
identification number, § 262.34 for accumulation of hazardous waste, § 262.40 (c) and
(d) for recordkeeping, § 262.43 for additional reporting, and if applicable, § 262.70 for
farmers.
(d) Any person who exports or imports hazardous waste subject to the Federal
manifesting requirements of part 262, or subject to the universal waste management
standards of 40 CFR Part 273, or subject to State requirements analogous to 40 CFR Part
273, to or from the countries listed in § 262.58(a)(l) for recovery must comply with
subpart H of this part.
(e) Any person who imports hazardous waste into the United States must comply with the
standards applicable to generators established in this part.
(f) A farmer who generates waste pesticides which are hazardous waste and who
complies with all of the requirements of § 262.70 is not required to comply with other
standards in this part or 40 CFR parts 270, 264, 265, or 268 with respect to such
pesticides.
(g) A person who generates a hazardous waste as defined by 40 CFR part 261 is subject
to the compliance requirements and penalties prescribed in section 3008 of the Act if he
does not comply with the requirements of this part.
(h) An owner or operator who initiates a shipment of hazardous waste from a treatment,
storage, or disposal facility must comply with the generator standards established in this
part.
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(i) Persons responding to an explosives or munitions emergency in accordance with 40
CFR 264!(g)(8)(i)(D) or (iv) or 265J_(c)(l l)(i)(D) or (iv), and 270J_(c)(3)(i)(D) or (iii)
are not required to comply with the standards of this part.
(j) (1) Universities that are participating in the Laboratory XL project are the University
of Massachusetts in Boston, Massachusetts, Boston College in Chestnut Hill,
Massachusetts, and the University of Vermont in Burlington, Vermont ("Universities").
The Universities generate laboratory wastes (as defined in § 262.102), some of which
will be hazardous wastes. As long as the Universities comply with all the requirements of
subpart J of this part the Universities' laboratories that are participating in the University
Laboratories XL Project as identified in Table 1 of this section, are not subject to the
provisions of §§ 262.11. 262.34(c), 40 CFR Parts 264 and 265. and the permit
requirements of 40 CFR Part 270 with respect to said laboratory wastes.
(2) Each University shall have the right to change its respective departments or the on-
site location of its hazardous waste accumulation areas listed in Table 1 of this section
upon written notice to the Regional Administrator for EPA-Region I and the appropriate
state agency. Such written notice will be provided at least ten days prior to the effective
date of any such changes.
(k) Generators in the Commonwealth of Massachusetts may comply with the State
regulations regarding Class A recyclable materials in 310 C.M.R. 30.200, when
authorized by the EPA under 40 CFR part 271, with respect to those recyclable materials
and matters covered by the authorization, instead of complying with the hazardous waste
accumulation requirements of § 262.34, the reporting requirements of § 262.41, the
storage facility operator requirements of 40 CFR parts 264 and 265 and the permitting
requirements of 40 CFR part 270. Such generators must also comply with any other
applicable requirements, including any applicable authorized State regulations governing
hazardous wastes not being recycled and any applicable Federal requirements which are
being directly implemented by the EPA within Massachusetts pursuant to the Hazardous
and Solid Waste Amendments of 1984.
NOTE 1: The provisions of § 262.34 are applicable to the on-site accumulation of
hazardous waste by generators. Therefore, the provisions of § 262.34 only apply to
owners or operators who are shipping hazardous waste which they generated at that
facility.
NOTE 2: A generator who treats, stores, or disposes of hazardous waste on-site must
comply with the applicable standards and permit requirements set forth in 40 CFR parts
264, 265, 266, 268, and 270. [45 FR 33142, May 19, 1980, as amended at 45 FR 86970,
Dec. 31, 1980; 47 FR 1251, Jan. 11, 1982; 48 FR 14294, Apr. 1, 1983; 53 FR 27164, July
19, 1988; 56 FR 3877, Jan. 31, 1991; 60 FR 25541, May 11, 1995; 61 FR 16309, Apr. 12,
1996; 62 FR 6651, Feb. 12, 1997; 64 FR 52392, Sept. 28,1999; 69 FR 11813, Mar. 12,
2004]
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Generator Status Determination
§261.5 (c) and (d): Generator status determination
(c) When making the quantity determinations of this part and 40 CFR part 262, the
generator must include all hazardous waste that it generates, except hazardous waste that:
(1) Is exempt from regulation under 40 CFR 261.4(c) through (f), 26L6(a)(3),
26L7(a)(l), or26L8;or
(2) Is managed immediately upon generation only in on-site elementary neutralization
units, wastewater treatment units, or totally enclosed treatment facilities as defined in 40
CFR 260.10: or
(3) Is recycled, without prior storage or accumulation, only in an on-site process subject
to regulation under 40 CFR 26L6(c)(2); or
(4) Is used oil managed under the requirements of 40 CFR 26L6(a)(4) and 40 CFR part
279: or
(5) Is spent lead-acid batteries managed under the requirements of 40 CFR part 266,
subpart G; or
(6) Is universal waste managed under 40 CFR 261.9 and 40 CFR part 273.
(d) In determining the quantity of hazardous waste generated, a generator need not
include:
(1) Hazardous waste when it is removed from on-site storage; or
(2) Hazardous waste produced by on- site treatment (including reclamation) of his
hazardous waste, so long as the hazardous waste that is treated was counted once; or
(3) Spent materials that are generated, reclaimed, and subsequently reused on-site, so
long as such spent materials have been counted once.
Related Resources:
• Amount of Waste Generated Per Month Determines Generator Status
• Determining Generator Status By Including Wastes Collected at Satellite
Accumulation Areas
• Generator Quantity Determination for Mixtures
• Generator Quantity Determinations for F006 Listed Sludge (8/16/2002)
• Weight of Container for Quantity Determinations (6/1/1994)
• Elementary Neutralization Units
• Generator Counting Requirement for Solvent Stills
• Containment Buildings as Generator Accumulation Units
Hazardous Waste Determination
§ 262.11: Hazardous waste determination.
A person who generates a solid waste, as defined in 40 CFR 261.2, must determine if that
waste is a hazardous waste using the following method:
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(a) He should first determine if the waste is excluded from regulation under 40 CFR
261.4.
(b) He must then determine if the waste is listed as a hazardous waste in subpart D of 40
CFR part 261.
NOTE: Even if the waste is listed, the generator still has an opportunity under 40 CFR
260.22 to demonstrate to the Administrator that the waste from his particular facility or
operation is not a hazardous waste.
(c) For purposes of compliance with 40 CFR part 268, or if the waste is not listed in
subpart D of 40 CFR part 261, the generator must then determine whether the waste is
identified in subpart C of 40 CFR part 261 by either:
(1) Testing the waste according to the methods set forth in subpart C of 40 CFR part 261,
or according to an equivalent method approved by the Administrator under 40 CFR
260.21: or
(2) Applying knowledge of the hazard characteristic of the waste in light of the materials
or the processes used.
(d) If the waste is determined to be hazardous, the generator must refer to parts 261, 264,
265, 266, 268, and 273 of this chapter for possible exclusions or restrictions pertaining to
management of the specific waste. [45 FR 33142, May 19, 1980, as amended at 45 FR
76624, Nov. 19, 1980; 51 FR 40637, Nov. 7, 1986; 55 FR 22684, June 1, 1990; 56 FR
3877, Jan. 31, 1991; 60 FR 25541, May 11, 1995]
Related Resources:
• What Makes a Waste Hazardous?
• Waste Analysis at Facilities that Generate, Treat, Store, and Dispose of Hazardous
Waste: A Guidance Manual
• Policies Regarding Self-Certification of Non-Hazardous Waste
• Analytes to Look For When Performing RCRA Analysis
On-site Accumulation Time Limits
§ 262.34: Accumulation time.
(d) A generator who generates greater than 100 kilograms but less than 1000 kilograms of
hazardous waste in a calendar month may accumulate hazardous waste on-site for 180
days or less without a permit or without having interim status provided that:
(1) The quantity of waste accumulated on-site never exceeds 6000 kilograms;
(2) The generator complies with the requirements of subpart I of part 265 of this chapter,
except for §§265.176 and 265.178;
(3) The generator complies with the requirements of §265.201 in subpart J of part 265;
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(4) The generator complies with the requirements of paragraphs (a)(2) and (a)(3) of this
section, the requirements of subpart C of part 265, the requirements of 40 CFR
268.7(a)(5);
(e) A generator who generates greater than 100 kilograms but less than 1000 kilograms of
hazardous waste in a calendar month and who must transport his waste, or offer his waste
for transportation, over a distance of 200 miles or more for off-site treatment, storage or
disposal may accumulate hazardous waste on-site for 270 days or less without a permit or
without having interim status provided that he complies with the requirements of
paragraph (d) of this section.
(f) A generator who generates greater than 100 kilograms but less than 1000 kilograms of
hazardous waste in a calendar month and who accumulates hazardous waste in quantities
exceeding 6000 kg or accumulates hazardous waste for more than 180 days (or for more
than 270 days if he must transport his waste, or offer his waste for transportation, over a
distance of 200 miles or more) is an operator of a storage facility and is subject to the
requirements of 40 CFR parts 264 and 265 and the permit requirements of 40 CFR part
270 unless he has been granted an extension to the 180-day (or 270-day if applicable)
period. Such extension may be granted by EPA if hazardous wastes must remain on-site
for longer than 180 days (or 270 days if applicable) due to unforeseen, temporary, and
uncontrollable circumstances. An extension of up to 30 days may be granted at the
discretion of the Regional Administrator on a case-by-case basis.
Note: Subsequently this citation discusses several management requirements (e.g. (d)(2)-
(d)(5)). They are found in this reference document under the following topics:
262.34(d)(2) references 265 Subpart I, found in "Accumulation Requirements for Storage
Units: Containers"
262.34(d)(3) references 265.201, found in "Accumulation Requirements for Storage
Units: Tanks"
262.34(d)(4) references 262.34(a)(2) and(a)(3), 265 Subpart C, and268.7(a)(5)
262.34(d)(5) is found under "Emergency Response"
Related Resources:
• 100-1000 kg/mo Generators
• Classification and Possible Modification of the 90-Day Generator Rule
• Small Quantity Generator Accumulation
• Frequently Asked Questions on Generator Treatment
• Generator Treatment in Accumulation Tanks and Containers
• Treatment in Accumulation Tanks and Containers Allowed for All Generators
Subject to 262.34
On-site Accumulation Quantity Limits
§ 262.34: Accumulation time.
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(d) A generator who generates greater than 100 kilograms but less than 1000 kilograms of
hazardous waste in a calendar month may accumulate hazardous waste on-site for 180
days or less without a permit or without having interim status provided that:
(1) The quantity of waste accumulated on-site never exceeds 6000 kilograms;
Related Resources:
• Management of Hazardous Waste Generated in Quantities Less Than 100 kg and
those that are Thrown Away with Ordinary Garbage
• Frequently Asked Questions on Hazardous Waste Generator Requirements
• Generator Quantity Determinations for F006 Listed Sludge
• Weight of Container for Quantity Determinations
• Amount of Waste Generated per Month Determines Generator Status
Consequences of Exceeding Quantity Limits
§ 262.34: Accumulation time.
(f) A generator who generates greater than 100 kilograms but less than 1000 kilograms of
hazardous waste in a calendar month and who accumulates hazardous waste in quantities
exceeding 6000 kg or accumulates hazardous waste for more than 180 days (or for more
than 270 days if he must transport his waste, or offer his waste for transportation, over a
distance of 200 miles or more) is an operator of a storage facility and is subject to the
requirements of 40 CFR parts 264 and 265 and the permit requirements of 40 CFR part
270 unless he has been granted an extension to the 180-day (or 270-day if applicable)
period. Such extension may be granted by EPA if hazardous wastes must remain on-site
for longer than 180 days (or 270 days if applicable) due to unforeseen, temporary, and
uncontrollable circumstances. An extension of up to 30 days may be granted at the
discretion of the Regional Administrator on a case-by-case basis.
EPA ID Number
§ 262.12: EPA identification numbers.
(a) A generator must not treat, store, dispose of, transport, or offer for transportation,
hazardous waste without having received an EPA identification number from the
Administrator.
(b) A generator who has not received an EPA identification number may obtain one by
applying to the Administrator using EPA form 8700-12. Upon receiving the request the
Administrator will assign an EPA identification number to the generator.
(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.
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Related Resources:
• Managing Your Hazardous Waste: A Guide for Small Businesses
Accumulation Requirements for Storage Units: Containers
Subpart I—Use and Management of Containers
§ 265.170: Applicability.
The regulations in this subpart apply to owners and operators of all hazardous waste
facilities that store containers of hazardous waste, except as§ 265.1 provides otherwise.
§ 265.171: Condition of containers.
If a container holding hazardous waste is not in good condition, or if it begins to leak, the
owner or operator must transfer the hazardous waste from this container to a container
that is in good condition, or manage the waste in some other way that complies with the
requirements of this part.
§ 265.172: Compatibility of waste with container.
The owner or operator must use a container made of or lined with materials which will
not react with, and are otherwise compatible 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, except
when it is necessary to add or remove waste.
(b) A container holding hazardous waste must not be opened, handled, or stored in a
manner which may rupture the container or cause it to leak.
[Comment: Re-use of containers in transportation is governed by U.S. Department of
Transportation regulations, including those set forth in 49 CFR 173.28.1
[45 FR 33232, May 19, 1980, as amended at 45 FR 78529, Nov. 25, 1980]
§ 265.174: Inspections.
At least weekly, the owner or operator must inspect areas where containers are stored,
except for Performance Track member facilities, that must conduct inspections at least
once each month, upon approval by the Director. To apply for reduced inspection
frequency, the Performance Track member facility must follow the procedures described
in §265J_5(b)(5) of this part. The owner or operator must look for leaking containers and
for deterioration of containers caused by corrosion or other factors.
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[Comment: See §265.171 for remedial action required if deterioration or leaks are
detected.]
[71 FR 16910, Apr. 4, 2006, as amended at 71 FR 40275, July 14, 2006]
§ 265.175: [Reserved]
§ 265.177: Special requirements for incompatible wastes.
(a) Incompatible wastes, or incompatible wastes and materials, (see appendix V for
examples) must not be placed in the same container, unless § 265.17(b) is complied with.
(b) Hazardous waste must not be placed in an unwashed container that previously held an
incompatible waste or material (see appendix V for examples), unless § 265.17(b) is
complied with.
(c) A storage container holding a hazardous waste that is incompatible with any waste or
other materials stored nearby in other containers, piles, open tanks, or surface
impoundments must be separated from the other materials or protected from them by
means of a dike, berm, wall, or other device.
[Comment: The purpose of this is to prevent fires, explosions, gaseous emissions,
leaching, or other discharge of hazardous waste or hazardous waste constituents which
could result from the mixing of incompatible wastes or materials if containers break or
leak.]
Related Resources:
• Hazardous Waste Container Storage Requirements
• Treating Wastes in Generators Accumulation Tanks and Containers
• Containers Storing Hazardous Waste, Requirements
• Containers for Safe and Economical Storage, Transport, and Disposal of
Hazardous Waste
• Frequently Asked Questions on Generator Treatment
Accumulation Requirements for Storage Units: Tanks
Subpart J- Tank Systems
Source: 51 FR 25479, July 14, 1986, unless otherwise noted.
§ 265.201: Special requirements for generators of between 100 and 1,000 kg/mo that
accumulate hazardous waste in tanks.
(a) The requirements of this section apply to small quantity generators of more than 100
kg but less than 1,000 kg of hazardous waste in a calendar month, that accumulate
hazardous waste in tanks for less than 180 days (or 270 days if the generator must ship
the waste greater than 200 miles), and do not accumulate over 6,000 kg on-site at any
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time.
(b) Generators of between 100 and 1,000 kg/mo hazardous waste must comply with the
following general operating requirements:
(1) Treatment or storage of hazardous waste in tanks must comply with § 265.17(b).
(2) Hazardous wastes or treatment reagents must not be placed in a tank if they could
cause the tank or its inner liner to rupture, leak, corrode, or otherwise fail before the end
of its intended life.
(3) Uncovered tanks must be operated to ensure at least 60 centimeters (2 feet) of
freeboard, unless the tank is equipped with a containment structure (e.g., dike or trench),
a drainage control system, or a diversion structure (e.g., standby tank) with a capacity that
equals or exceeds the volume of the top 60 centimeters (2 feet) of the tank.
(4) Where hazardous waste is continuously fed into a tank, the tank must be equipped
with a means to stop this inflow (e.g., waste feed cutoff system or by-pass system to a
stand-by tank).
NOTE: These systems are intended to be used in the event of a leak or overflow from the
tank due to a system failure (e.g., a malfunction in the treatment process, a crack in the
tank, etc.).
(c) Except as noted in paragraph (d) of this section, generators who accumulate between
100 and 1,000 kg/mo of hazardous waste in tanks must inspect, where present:
(1) Discharge control equipment (e.g., waste feed cutoff systems, by-pass systems, and
drainage systems) at least once each operating day, to ensure that it is in good working
order;
(2) Data gathered from monitoring equipment (e.g., pressure and temperature gauges) at
least once each operating day to ensure that the tank is being operated according to its
design;
(3) The level of waste in the tank at least once each operating day to ensure compliance
with § 265.201(b)(3):
(4) The construction materials of the tank at least weekly to detect corrosion or leaking of
fixtures or seams; and
(5) The construction materials of, and the area immediately surrounding, discharge
confinement structures (e.g., dikes) at least weekly to detect erosion or obvious signs of
leakage (e.g., wet spots or dead vegetation).
NOTE: As required by § 265J_5(c), the owner or operator must remedy any deterioration
or malfunction he finds.
(d) Generators who accumulate between 100 and 1,000 kg/mo of hazardous waste in
tanks or tank systems that have full secondary containment and that either use leak
detection equipment to alert facility personnel to leaks, or implement established
workplace practices to ensure leaks are promptly identified, must inspect at least weekly,
where applicable, the areas identified in paragraphs (c)(l) through (5) of this section. Use
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of the alternate inspection schedule must be documented in the facility's operating record.
This documentation must include a description of the established workplace practices at
the facility.
(e) Performance Track member facilities may inspect on a less frequent basis, upon
approval by the Director, but must inspect at least once each month. To apply for a less
than weekly inspection frequency, the Performance Track member facility must follow
the procedures described in §265.15(b)(5).
(f) Generators of between 100 and 1,000 kg/mo accumulating hazardous waste in tanks
must, upon closure of the facility, remove all hazardous waste from tanks, discharge
control equipment, and discharge confinement structures.
Note: At closure, as throughout the operating period, unless the owner or operator can
demonstrate, in accordance with §261.3(c) or (d) of this chapter, that any solid waste
removed from his tank is not a hazardous waste, the owner or operator becomes a
generator of hazardous waste and must manage it in accordance with all applicable
requirements of parts 262, 263, and 265 of this chapter.
(g) Generators of between 100 and 1,000 kg/mo must comply with the following special
requirements for ignitable or reactive waste:
(1) Ignitable or reactive waste must not be placed in a tank, unless:
(i) The waste is treated, rendered, or mixed before or immediately after placement in a
tank so that (A) the resulting waste, mixture, or dissolution of material no longer meets
the definition of ignitable or reactive waste under §261.21 or §261.23 of this chapter, and
(B) §265JJ(b) is complied with; or
(ii) The waste is stored or treated in such a way that it is protected from any material or
conditions that may cause the waste to ignite or react; or
(iii) The tank is used solely for emergencies.
(2) The owner or operator of a facility which treats or stores ignitable or reactive waste in
covered tanks must comply with the buffer zone requirements for tanks contained in
Tables 2-1 through 2-6 of the National Fire Protection Association's "Flammable and
Combustible Liquids Code," (1977 or 1981) (incorporated by reference, see §260.11).
(h) Generators of between 100 and 1,000 kg/mo must comply with the following special
requirements for incompatible wastes:
(1) Incompatible wastes, or incompatible wastes and materials, (see appendix V for
examples) must not be placed in the same tank, unless §265J/7(b) is complied with.
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(2) Hazardous waste must not be placed in an unwashed tank which previously held an
incompatible waste or material, unless §265J/7(b) is complied with.
[51FR 25479, July 14, 1986, as amended at 53 FR 34087, Sept. 2, 1988; 71 FR 16911,
Apr. 4, 2006; 71 FR 40275, July 14, 2006]
Related Resources:
• Hazardous Waste Tanks Inspection Manual
• Hazardous Waste Tanks
• Hazardous Waste Tanks - Installation/Certification of Secondary Containment
• Hazardous Waste Tanks/Containers - Capacity of Secondary Containment
• Releases From 90 Day Accumulation Tanks
• Secondary Containment for Hazardous Waste Tanks
• Secondary Containment Systems for Hazardous Waste Tanks
• Hazardous Waste Tank - Leak Detection
• Tank Integrity Assessments
• Tanks Holding Hazardous Waste
• Integrity Assessment for Hazardous Waste Tanks and Post-Closure Requirements
• Accumulation of Hazardous Waste in Tanks (90-Day)
• Inspections Requirements for Hazardous Waste Tanks
• Tank Replacement
• Start Dates on Large Quantity Generator Tanks
• Clarification of Requirements for Secondary Containment Systems Associated
With Hazardous Waste Tanks
• Turnover of Hazardous Wastes Stored in Generator Accumulation Tanks
Satellite Accumulation
Note: Hazardous wastes stored in satellite accumulation areas have fewer regulatory
requirements than wastes stored in central accumulation areas by small and large quantity
generators. For a discussion of these reduced requirements, please see the following
memorandum: Frequently Asked Questions about Satellite Accumulation Areas
§262.34: Accumulation time.
(c)(l) A generator may accumulate as much as 55 gallons of hazardous waste or one
quart of acutely hazardous waste listed in § 261.33(e) in containers at or near any point of
generation where wastes initially accumulate, which is under the control of the operator
of the process generating the waste, without a permit or interim status and without
complying with paragraph (a) of this section provided he:
(i) Complies with §§ 265.171. 265.172. and 265.173 (a) of this chapter; and
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(ii) Marks his containers either with the words "Hazardous Waste" or with other words
that identify the contents of the containers.
(2) A generator who accumulates either hazardous waste or acutely hazardous waste
listed in § 261.33(e) in excess of the amounts listed in paragraph (c)(l) of this section at
or near any point of generation must, with respect to that amount of excess waste, comply
within three days with paragraph (a) of this section or other applicable provisions of this
chapter. During the three day period the generator must continue to comply with
paragraphs (c)(l)(i) through (ii) of this section. The generator must mark the container
holding the excess accumulation of hazardous waste with the date the excess amount
began accumulating.
Related Resources:
• Clarification of Section 262.34(A) Accumulation Time for Excess of 55-Gallon
Limit in Satellite Accumulation Areas
• Frequently Asked Questions about Satellite Accumulation Areas
• Satellite Accumulation
• Satellite Accumulation Area and Regulations
• Cabinets as Satellite Accumulation Areas
• Clarification: Satellite Accumulation Provision
• Determining Generator Status by Including Wastes Collected at Satellite
Accumulation Areas
• Clarification of the Satellite Accumulation Provision for Hazardous Waste
Generators
• Clarification of Section 262.34(a) Accumulation Time for Excess of 55-Gallon
Limit in Satellite Accumulation Areas
• Generator Satellite Accumulation/Counting Requirements
• Satellite Accumulation Area Regulations
• Regulations That Apply to Generators Who Accumulate Waste in Containers At
Or Near the Point of Generation
Marking and Labeling
§ 262.34: Accumulation time.
(a)(2) The date upon which each period of accumulation begins is clearly marked and
visible for inspection on each container;
(a)(3) While being accumulated on-site, each container and tank is labeled or marked
clearly with the words, "Hazardous Waste''; and... (Note: End of discussion on
labeling and marking)
Related Resources:
• Small Quantity Generator Accumulation
• Hazardous Waste Container Labeling Requirements
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Personnel Training
§ 262.34: Accumulation time.
(d)(5)(iii) The generator must ensure that all employees are thoroughly familiar with
proper waste handling and emergency procedures, relevant to their responsibilities during
normal facility operations and emergencies;
Related Resources:
• Episodic Generators and Personnel Training
• Clarification on the Amount, Type, and Frequency of Training Required for
Personnel Handling Hazardous Waste at Facilities
• Interpretation of the Annual Training Requirements
• Training Employees
• Generator Personnel Training Requirements
• Hazardous Waste Training Under 40 CFR 262.34
• Training and Manifest Signature Requirements for Generators
Recordkeeping and Reporting
§ 262.44: Special requirements for generators of between 100 and 1000 kg/ mo.
A generator of greater than 100 kilograms but less than 1000 kilograms of hazardous
waste in a calendar month is subject only to the following requirements in this subpart:
(a) Section 262.40(a), (c), and (d), recordkeeping;
(b) Section 262.42(b), exception reporting; and
(c) Section 262.43, additional reporting.
[52 FR 35899, Sept. 23, 1987]
Related Resources:
• Recordkeeping Requirements for Owners or Operators Assuming Generator
Responsibilities
• Recordkeeping Requirements for Small Quantity Generators Subject to Land
Disposal Restrictions
• Interpretation of 40 CFR 268.7 Requirements
• Amendments to Part 262 Hazardous Waste Determination and Recordkeeping
Requirements of Part 262 and 268
Preparedness and Prevention
Subpart C—Preparedness and Prevention
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§ 265.30 Applicability.
The regulations in this subpart apply to owners and operators of all hazardous waste
facilities, except as § 265.1 provides otherwise.
§ 265.31 Maintenance and operation of facility.
Facilities must be maintained and operated to minimize the possibility of a fire,
explosion, or any unplanned sudden or non-sudden release of hazardous waste or
hazardous waste constituents to air, soil, or surface water which could threaten human
health or the environment.
§ 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 capable of providing immediate
emergency instruction (voice or signal) to facility personnel;
(b) A device, such as a telephone (immediately available at the scene of operations) or a
hand-held two-way radio, capable of summoning emergency assistance from local police
departments, fire departments, or State or local emergency response teams;
(c) Portable fire extinguishers, fire control equipment (including special extinguishing
equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment,
and decontamination equipment; and
(d) Water at adequate volume and pressure to supply water hose streams, or foam
producing equipment, or automatic sprinklers, or water spray systems.
§ 265.33 Testing and maintenance of equipment.
All facility communications or alarm systems, fire protection equipment, spill control
equipment, and decontamination equipment, where required, must be tested and
maintained as necessary to assure its proper operation in time of emergency.
§ 265.34 Access to communications or alarm system
(a) Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all
personnel involved in the operation must have immediate access to an internal alarm or
emergency communication device, either directly or through visual or voice contact with
another employee, unless such a device is not required under § 265.32.
(b) If there is ever just one employee on the premises while the facility is operating, he
must have immediate access to a device, such as a telephone (immediately available at
the scene of operation) or a hand-held two-way radio, capable of summoning external
emergency assistance, unless such a device is not required under § 265.32.
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§ 265.35 Required aisle space
The owner or operator must maintain aisle space to allow the unobstructed movement of
personnel, fire protection equipment, spill control equipment, and decontamination
equipment to any area of facility operation in an emergency, unless aisle space is not
needed for any of these purposes.
§ 265.36 [Reserved]
§ 265.37 Arrangements with local authorities
(a) The owner or operator must attempt to make the following arrangements, as
appropriate for the type of waste handled at his facility and the potential need for the
services of these organizations:
(1) Arrangements to familiarize police, fire departments, and emergency response teams
with the layout of the facility, properties of hazardous waste handled at the facility and
associated hazards, places where facility personnel would normally be working, entrances
to roads inside the facility, and possible evacuation routes;
(2) Where more than one police and fire department might respond to an emergency,
agreements designating primary emergency authority to a specific police and a specific
fire department, and agreements with any others to provide support to the primary
emergency authority;
(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 the types of injuries or illnesses which could result from fires,
explosions, or releases at the facility.
(b) Where State or local authorities decline to enter into such arrangements, the owner or
operator must document the refusal in the operating record.
Emergency Procedures and Response
§262.34: Accumulation time.
(d) A generator who generates greater than 100 kilograms but less than 1000 kilograms of
hazardous waste in a calendar month may accumulate hazardous waste on-site for 180
days or less without a permit or without having interim status provided that:
(5) The generator complies with the following requirements:
(i) At all times there must be at least one employee either on the premises or on call (i.e.
available to respond to an emergency by reaching the facility within a short period of
time) with the responsibility for coordinating all emergency response measures specified
in paragraph (d)(5)(iv) of this section. This employee is the emergency coordinator.
(ii) The generator must post the following information next to the telephone:
(A) The name and telephone number of the emergency coordinator;
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(B) Location of fire extinguishers and spill control material, and, if present, fire alarm;
and
(C) The telephone number of the fire department unless the facility has a direct alarm.
(iii) The generator must ensure that all employees are thoroughly familiar with proper
waste handling and emergency procedures, relevant to their responsibilities during
normal facility operations and emergencies;
(iv) The emergency coordinator or his designee must respond to any emergencies that
arise. The applicable responses are as follows:
(A) In the event of a fire, call the fire department or attempt to extinguish it using a fire
extinguisher;
(B) In the event of a spill, contain the flow of hazardous waste to the extent possible, and
as soon as is practicable, clean up the hazardous waste and any contaminated materials or
soil;
(C) In the event of a fire, explosion, or other release which could threaten human health
outside the facility or when the generator has knowledge that a spill has reached surface
water, the generator must immediately notify the National Response Center (using their
24-hour toll free number 800/424-8802). The report must include the following
information:
(7) The name, address, and U.S. EPA Identification Number of the generator;
(2) Date, time, and type of incident (e.g., spill or fire);
(3) Quantity and type of hazardous waste involved in the incident;
(4) Extent of injuries, if any; and
(5) Estimated quantity and disposition of recovered materials, if any.
Related Resources:
• Interpretation of Generator Requirements as Applied to Various On-Site and Off-
Site Scenarios
• Interpretation of RCRA Regulations Pertaining to the Remediation of
Contamination
Land Disposal Restrictions
§ 268.1: Purpose, scope, and applicability.
(a) This part identifies hazardous wastes that are restricted from land disposal and defines
those limited circumstances under which an otherwise prohibited waste may continue to
be land disposed.
(b) Except as specifically provided otherwise in this part or part 261 of this chapter, the
requirements of this part apply to persons who generate or transport hazardous waste and
owners and operators of hazardous waste treatment, storage, and disposal facilities.
(c) Restricted wastes may continue to be land disposed as follows:
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(1) Where persons have been granted an extension to the effective date of a prohibition
under subpart C of this part or pursuant to §268.5, with respect to those wastes covered
by the extension;
(2) Where 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) Wastes that are hazardous only because they exhibit a hazardous characteristic, and
which are otherwise prohibited under this part, or part 148 of this chapter, are not
prohibited if the wastes:
(i) Are disposed into a nonhazardous or hazardous injection well as defined under 40
CFR 146.6(a): and
(ii) Do not exhibit any prohibited characteristic of hazardous waste identified in 40 CFR
part 261, subpart C at the point of injection.
(4) Wastes that are hazardous only because they exhibit a hazardous characteristic, and
which are otherwise prohibited under this part, are not prohibited if the wastes meet any
of the following criteria, unless the wastes are subject to a specified method of treatment
other than DEACT in §268.40, or are D003 reactive cyanide:
(i) The wastes are managed in a treatment system which subsequently discharges to
waters of the U.S. pursuant to a permit issued under section 402 of the Clean Water Act;
or
(ii) The wastes are treated for purposes of the pretreatment requirements of section 307 of
the Clean Water Act; or
(iii) The wastes are managed in a zero discharge system engaged in Clean Water Act-
equivalent treatment as defined in §268.37(a); and
(iv) The wastes no longer exhibit a prohibited characteristic at the point of land disposal
(i.e., placement in a surface impoundment).
(d) The requirements of this part shall not affect the availability of a waiver under section
121(d)(4) of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (CERCLA).
(e) The following hazardous wastes are not subject to any provision of part 268:
(1) Waste generated by small quantity generators of less than 100 kilograms of non-acute
hazardous waste or less than 1 kilogram of acute hazardous waste per month, as defined
in §261.5 of this chapter;
(2) Waste pesticides that a farmer disposes of pursuant to §262.70;
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(3) Wastes identified or listed as hazardous after November 8, 1984 for which EPA has
not promulgated land disposal prohibitions or treatment standards;
(4) De minimis losses of characteristic wastes to wastewaters are not considered to be
prohibited wastes and are defined as losses from normal material handling operations
(e.g. spills from the unloading or transfer of materials from bins or other containers, leaks
from pipes, valves or other devices used to transfer materials); minor leaks of process
equipment, storage tanks or containers; leaks from well-maintained pump packings and
seals; sample purgings; and relief device discharges; discharges from safety showers and
rinsing and cleaning of personal safety equipment; rinsate from empty containers or from
containers that are rendered empty by that rinsing; and laboratory wastes not exceeding
one per cent of the total flow of wastewater into the facility's headworks on an annual
basis, or with a combined annualized average concentration not exceeding one part per
million in the headworks of the facility's wastewater treatment or pretreatment facility.
(f) Universal waste handlers and universal waste transporters (as defined in 40 CFR
260.10) are exempt from 40 CFR 268.7 and 268.50 for the hazardous wastes listed below.
These handlers are subject to regulation under 40 CFR part 273.
(1) Batteries as described in 40 CFR 273.2:
(2) Pesticides as described in §273.3 of this chapter;
(3) Mercury-containing equipment as described in §273.4 of this chapter; and
(4) Lamps as described in 40 CFR 273.5.
[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 53 FR 27165,
July 19, 1988; 53 FR31212, Aug. 17, 1988; 54 FR 36970, Sept. 6, 1989; 55 FR 22686,
June 1, 1990; 58 FR 29884, May 24, 1993; 59 FR 48043, Sept. 19, 1994; 60 FR 25542,
May 11, 1995; 61 FR 15663, Apr. 8, 1996; 61 FR 33682, June 28, 1996; 62 FR 26019,
May 12, 1997; 64 FR 36488, July 6, 1999; 70 FR 45520, Aug. 5, 2005]
§ 268.2: Definitions applicable in this part.
When used in this part the following terms have the meanings given below:
(a) Halogenated organic compounds or HOCs means those compounds having a carbon-
halogen bond which are listed under appendix III to this part.
(b) Hazardous constituent or constituents means those constituents listed in appendix
VIII to part 261 of this chapter.
(c) Land disposal means placement in or on the land, except in a corrective action
management unit or staging pile, and includes, but is not limited to, placement in a
landfill, surface impoundment, waste pile, injection well, land treatment facility, salt
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dome formation, salt bed formation, underground mine or cave, or placement in a
concrete vault, or bunker intended for disposal purposes.
(d) Nomvastewaters are wastes that do not meet the criteria for wastewaters in paragraph
(f) of this section.
(e) Polychlorinated biphenyls or PCBs are halogenated organic compounds defined in
accordance with 40 CFR 761.3.
(f) Wastewaters are wastes that contain less than 1% by weight total organic carbon
(TOC) and less than 1% by weight total suspended solids (TSS).
(g) Debris means solid material exceeding a 60 mm particle size that is intended for
disposal and that is: a manufactured object; or plant or animal matter; or natural geologic
material. However, the following materials are not debris: any material for which a
specific treatment standard is provided in Subpart D, Part 268, namely lead acid batteries,
cadmium batteries, and radioactive lead solids; process residuals such as smelter slag and
residues from the treatment of waste, wastewater, sludges, or air emission residues; and
intact containers of hazardous waste that are not ruptured and that retain at least 75% of
their original volume. A mixture of debris that has not been treated to the standards
provided by §268.45 and other material is subject to regulation as debris if the mixture is
comprised primarily of debris, by volume, based on visual inspection.
(h) Hazardous debris means debris that contains a hazardous waste listed in subpart D of
part 261 of this chapter, or that exhibits a characteristic of hazardous waste identified in
subpart C of part 261 of this chapter. Any deliberate mixing of prohibited hazardous
waste with debris that changes its treatment classification (i.e., from waste to hazardous
debris) is not allowed under the dilution prohibition in §268.3.
(i) Underlying hazardous constituent means any constituent listed in §268.48, Table
UTS—Universal Treatment Standards, except fluoride, selenium, sulfides, vanadium, and
zinc, which can reasonably be expected to be present at the point of generation of the
hazardous waste at a concentration above the constituent-specific UTS treatment
standards.
(j) Inorganic metal-bearing waste is one for which EPA has established treatment
standards for metal hazardous constituents, and which does not otherwise contain
significant organic or cyanide content as described in §268.3(c)(l), and is specifically
listed in appendix XI of this part.
(k) 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. Natural Resources 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.
Any deliberate mixing of prohibited hazardous waste with soil that changes its treatment
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classification (i.e., from waste to contaminated soil) is not allowed under the dilution
prohibition in §268.3.
[55 FR 22686, June 1, 1990, as amended at 56 FR 3877, Jan. 31, 1991; 57 FR 37270,
Aug. 18, 1992; 58 FR 8685, Feb. 16, 1993; 58 FR 29884, May 24, 1993; 59 FR 48043,
Sept. 19, 1994; 60 FR244, Jan. 3, 1995; 61 FR 15597, 15662, Apr. 8, 1996; 61 FR
33682, June 28, 1996; 63 FR 28639, May 26, 1998; 63 FR 65940, Nov. 30, 1998; 64 FR
25414, May 11, 1999; 71 FR 40278, July 14, 2006]
§ 268.3: Dilution prohibited as a substitute for treatment.
(a) Except as provided in paragraph (b) of this section, no generator, transporter, handler,
or owner or operator of a treatment, storage, or disposal facility shall in any way dilute a
restricted waste or the residual from treatment of a restricted waste as a substitute for
adequate treatment to achieve compliance with subpart D of this part, to circumvent the
effective date of a prohibition in subpart C of this part, to otherwise avoid a prohibition in
subpart C of this part, or to circumvent a land disposal prohibition imposed by RCRA
section 3004.
(b) Dilution of wastes that are hazardous only because they exhibit a characteristic in
treatment systems which include land- based units which treat wastes subsequently
discharged to a water of the United States pursuant to a permit issued under section 402
of the Clean Water Act (CWA), or which treat wastes in a CWA-equivalent treatment
system, or which treat wastes for the purposes of pretreatment requirements under section
307 of the CWA is not impermissible dilution for purposes of this section unless a
method other than DEACT has been specified in §268.40 as the treatment standard, or
unless the waste is a D003 reactive cyanide wastewater or nonwastewater.
(c) Combustion of the hazardous waste codes listed in Appendix XI of this part is
prohibited, unless the waste, at the point of generation, or after any bona fide treatment
such as cyanide destruction prior to combustion, can be demonstrated to comply with one
or more of the following criteria (unless otherwise specifically prohibited from
combustion):
(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 (e.g., wood, paper, plastic, or
cloth) contaminated with an inorganic metal-bearing hazardous waste;
(3) The waste, at point of generation, has reasonable heating value such as greater than or
equal to 5000 BTU per pound;
(4) The waste is co-generated with wastes for which combustion is a required method of
treatment;
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(5) The waste is subject to Federal and/or State requirements necessitating reduction of
organics (including biological agents); or
(6) The waste contains greater than 1% Total Organic Carbon (TOC).
(d) It is a form of impermissible dilution, and therefore prohibited, to add iron filings or
other metallic forms of iron to lead-containing hazardous wastes in order to achieve any
land disposal restriction treatment standard for lead. Lead-containing wastes include
D008 wastes (wastes exhibiting a characteristic due to the presence of lead), all
characteristic wastes containing lead as an underlying hazardous constituent, listed
wastes containing lead as a regulated constituent, and hazardous media containing any of
the aforementioned lead-containing wastes.
[61 FR 15663, Apr. 8, 1996, as amended at 61 FR 33682, June 28, 1996; 63 FR 28639,
May 26, 1998]
§ 268.4: Treatment surface impoundment exemption.
(a) Wastes which are otherwise prohibited from land disposal under this part may be
treated in a surface impoundment or series of impoundments provided that:
(1) Treatment of such wastes occurs in the impoundments;
(2) The following conditions are met:
(i) Sampling and testing. For wastes with treatment standards in subpart D of this part
and/or prohibition levels in subpart C of this part or RCRA section 3004(d), the residues
from treatment are analyzed, as specified in §268.7 or §268.32, to determine if they meet
the applicable treatment standards or where no treatment standards have been established
for the waste, the applicable prohibition levels. The sampling method, specified in the
waste analysis plan under §264.13 or §265.13, must be designed such that representative
samples of the sludge and the supernatant are tested separately rather than mixed to form
homogeneous samples.
(ii) Removal. The following treatment residues (including any liquid waste) must be
removed at least annually; residues which do not meet the treatment standards
promulgated under subpart D of this part; residues which do not meet the prohibition
levels established under subpart C of this part or imposed by statute (where no treatment
standards have been established); residues which are from the treatment of wastes
prohibited from land disposal under subpart C of this part (where no treatment standards
have been established and no prohibition levels apply); or residues from managing listed
wastes which are not delisted under §260.22 of this chapter. If the volume of liquid
flowing through the impoundment or series of impoundments annually is greater than the
volume of the impoundment or impoundments, this flow-through constitutes removal of
the supernatant for the purpose of this requirement.
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(iii) Subsequent management. Treatment residues may not be placed in any other surface
impoundment for subsequent management.
(iv) Recordkeeping. Sampling and testing and recordkeeping provisions of §§264.13 and
265.13 of this chapter apply.
(3) The impoundment meets the design requirements of §264.221(c) or §265.221 (a) of
this chapter, regardless that the unit may not be new, expanded, or a replacement, and be
in compliance with applicable ground water monitoring requirements of subpart F of part
264 or part 265 of this chapter unless:
(i) Exempted pursuant to §264.221 (d) or (e) of this chapter, or to §265.221 (c) or (d) of
this chapter; or,
(ii) Upon application by the owner or operator, the Administrator, after notice and an
opportunity to comment, has granted a waiver of the requirements on the basis that the
surface impoundment:
(A) Has at least one liner, for which there is no evidence that such liner is leaking;
(B) Is located more than one-quarter mile from an underground source of drinking water;
and
(C) Is in compliance with generally applicable ground water monitoring requirements for
facilities with permits; or,
(iii) Upon application by the owner or operator, the Administrator, after notice and an
opportunity to comment, has granted a modification to the requirements on the basis of a
demonstration that the surface impoundment is located, designed, and operated so as to
assure that there will be no migration of any hazardous constituent into ground water or
surface water at any future time.
(4) The owner or operator submits to the Regional Administrator a written certification
that the requirements of §268.4(a)(3) have been met. The following certification is
required:
I certify under penalty of law that the requirements of 40 CFR 268.4(a)(3) have been met
for all surface impoundments being used to treat restricted wastes. I believe that the
submitted information is true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fine and
imprisonment.
(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.
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[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 52 FR 25788,
JulyS, 1987; 53 FR 31212, Aug. 17, 1988; 62 FR 26019, May 12, 1997; 63 FR 28639,
May 26, 1998; 71 FR 40278, July 14, 2006]
§ 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 an application to the Administrator for an extension to the effective date of any
applicable restriction established under subpart C of this part. The applicant must
demonstrate the following:
(1) He has made a good-faith effort to locate and contract with treatment, recovery, or
disposal facilities nationwide to manage his waste in accordance with the effective date
of the applicable restriction established under subpart C of this part;
(2) He has entered into a binding contractual commitment to construct or otherwise
provide alternative treatment, recovery (e.g., recycling), or disposal capacity that meets
the treatment standards specified in subpart D or, where treatment standards have not
been specified, such treatment, recovery, or disposal capacity is protective of human
health and the environment.
(3) Due to circumstances beyond the applicant's control, such alternative capacity cannot
reasonably be made available by the applicable effective date. This demonstration may
include a showing that the technical and practical difficulties associated with providing
the alternative capacity will result in the capacity not being available by the applicable
effective date;
(4) The capacity being constructed or otherwise provided by the applicant will be
sufficient to manage the entire quantity of waste that is the subject of the application;
(5) He provides a detailed schedule for obtaining required operating and construction
permits or an outline of how and when alternative capacity will be available;
(6) He has arranged for adequate capacity to manage his waste during an extension and
has documented in the application the location of all sites at which the waste will be
managed; and
(7) Any waste managed in a surface impoundment or landfill during the extension period
will meet the requirements of paragraph (h)(2) of this section.
(b) An authorized representative signing an application described under paragraph (a) of
this section shall make the following certification:
I certify under penalty of law that I have personally examined and am familiar with the
information submitted in this document and all attachments and that, based on my inquiry
of those individuals immediately responsible for obtaining the information, I believe that
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the information is true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and
imprisonment.
(c) After receiving an application for an extension, the Administrator may request any
additional information which he deems as necessary to evaluate the application.
(d) An extension will apply only to the waste generated at the individual facility covered
by the application and will not apply to restricted waste from any other facility.
(e) On the basis of the information referred to in paragraph (a) of this section, after notice
and opportunity for comment, and after consultation with appropriate State agencies in all
affected States, the Administrator may grant an extension of up to 1 year from the
effective date. The Administrator may renew this extension for up to 1 additional year
upon the request of the applicant if the demonstration required in paragraph (a) of this
section can still be made. In no event will an extension extend beyond 24 months from
the applicable effective date specified in subpart C of part 268. The length of any
extension authorized will be determined by the Administrator based on the time required
to construct or obtain the type of capacity needed by the applicant as described in the
completion schedule discussed in paragraph (a)(5) of this section. The Administrator will
give public notice of the intent to approve or deny a petition and provide an opportunity
for public comment. The final decision on a petition will be published in the Federal
Register.
(f) Any person granted an extension under this section must immediately notify the
Administrator as soon as he has knowledge of any change in the conditions certified to in
the application.
(g) Any person granted an extension under this section shall submit written progress
reports at intervals designated by the Administrator. Such reports must describe the
overall progress made toward constructing or otherwise providing alternative treatment,
recovery or disposal capacity; must identify any event which may cause or has caused a
delay in the development of the capacity; and must summarize the steps taken to mitigate
the delay. The Administrator can revoke the extension at any time if the applicant does
not demonstrate a good-faith effort to meet the schedule for completion, if the Agency
denies or revokes any required permit, if conditions certified in the application change, or
for any violation of this chapter.
(h) Whenever the Administrator establishes an extension to an effective date under this
section, during the period for which such extension is in effect:
(1) The storage restrictions under §268.50(a) do not apply; and
(2) Such hazardous waste may be disposed in a landfill or surface impoundment only if
such unit is in compliance with the technical requirements of the following provisions
regardless of whether such unit is existing, new, or a replacement or lateral expansion.
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(i) The landfill, if in interim status, is in compliance with the requirements of subpart F of
part 265 and §265.301 (a), (c), and (d) of this chapter; or,
(ii) The landfill, if permitted, is in compliance with the requirements of subpart F of part
264 and §264.301 (c), (d) and (e) of this chapter; or
(iii) The surface impoundment, if in interim status, is in compliance with the
requirements of subpart F of part 265, §265.221 (a), (c), and (d) of this chapter, and
RCRA section 3005(j)(l); or
(iv) The surface impoundment, if permitted, is in compliance with the requirements of
subpart F of part 264 and §264.221 (c), (d) and (e) of this chapter; or
(v) The surface impoundment, if newly subject to RCRA section 3005(j)(l) due to the
promulgation of additional listings or characteristics for the identification of hazardous
waste, is in compliance with the requirements of subpart F of part 265 of this chapter
within 12 months after the promulgation of additional listings or characteristics of
hazardous waste, and with the requirements of §265.221 (a), (c) and (d) of this chapter
within 48 months after the promulgation of additional listings or characteristics of
hazardous waste. If a national capacity variance is granted, during the period the variance
is in effect, the surface impoundment, if newly subject to RCRA section 3005(j)(l) due to
the promulgation of additional listings or characteristics of hazardous waste, is in
compliance with the requirements of subpart F of part 265 of this chapter within 12
months after the promulgation of additional listings or characteristics of hazardous waste,
and with the requirements of §265.221 (a), (c) and (d) of this chapter within 48 months
after the promulgation of additional listings or characteristics of hazardous waste; or
(vi) The landfill, if disposing of containerized liquid hazardous wastes containing PCBs
at concentrations greater than or equal to 50 ppm but less than 500 ppm, is also in
compliance with the requirements of 40 CFR 761.75 and parts 264 and 265.
(i) Pending a decision on the application the applicant is required to comply with all
restrictions on land disposal under this part once the effective date for the waste has been
reached.
[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 52 FR 25788,
July 8, 1987; 54 FR 36971, Sept. 6, 1989; 55 FR 23935, June 13, 1990; 57 FR 37270,
Aug. 18, 1992]
§ 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 of this part for
the disposal of a restricted hazardous waste in a particular unit or units must submit a
petition to the Administrator demonstrating, to a reasonable degree of certainty, that there
will be no migration of hazardous constituents from the disposal unit or injection zone for
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as long as the wastes remain hazardous. The demonstration must include the following
components:
(1) An identification of the specific waste and the specific unit for which the
demonstration will be made;
(2) A waste analysis to describe fully the chemical and physical characteristics of the
subject waste;
(3) A comprehensive characterization of the disposal unit site including an analysis of
background air, soil, and water quality.
(4) A monitoring plan that detects migration at the earliest practicable time;
(5) Sufficient information to assure the Administrator that the owner or operator of a land
disposal unit receiving restricted waste(s) will comply with other applicable Federal,
State, and local laws.
(b) The demonstration referred to in paragraph (a) of this section must meet the following
criteria:
(1) All waste and environmental sampling, test, and analysis data must be accurate and
reproducible to the extent that state-of-the-art techniques allow;
(2) All sampling, testing, and estimation techniques for chemical and physical properties
of the waste and all environmental parameters must have been approved by the
Administrator;
(3) Simulation models must be calibrated for the specific waste and site conditions, and
verified for accuracy by comparison with actual measurements;
(4) A quality assurance and quality control plan that addresses all aspects of the
demonstration must be approved by the Administrator; and,
(5) An analysis must be performed to identify and quantify any aspects of the
demonstration that contribute significantly to uncertainty. This analysis must include an
evaluation of the consequences of predictable future events, including, but not limited to,
earthquakes, floods, severe storm events, droughts, or other natural phenomena.
(c) Each petition referred to in paragraph (a) of this section must include the following:
(1) A monitoring plan that describes the monitoring program installed at and/or around
the unit to verify continued compliance with the conditions of the variance. This
monitoring plan must provide information on the monitoring of the unit and/or the
environment around the unit. The following specific information must be included in the
plan:
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(i) The media monitored in the cases where monitoring of the environment around the
unit is required;
(ii) The type of monitoring conducted at the unit, in the cases where monitoring of the
unit is required;
(iii) The location of the monitoring stations;
(iv) The monitoring interval (frequency of monitoring at each station);
(v) The specific hazardous constituents to be monitored;
(vi) The implementation schedule for the monitoring program;
(vii) The equipment used at the monitoring stations;
(viii) The sampling and analytical techniques employed; and
(ix) The data recording/reporting procedures.
(2) Where applicable, the monitoring program described in paragraph (c)(l) of this
section must be in place for a period of time specified by the Administrator, as part of his
approval of the petition, prior to receipt of prohibited waste at the unit.
(3) The monitoring data collected according to the monitoring plan specified under
paragraph (c)(l) of this section must be sent to the Administrator according to a format
and schedule specified and approved in the monitoring plan, and
(4) A copy of the monitoring data collected under the monitoring plan specified under
paragraph (c)(l) of this section must be kept on-site at the facility in the operating record.
(5) The monitoring program specified under paragraph (c)(l) of this section meets the
following criteria:
(i) All sampling, testing, and analytical data must be approved by the Administrator and
must provide data that is accurate and reproducible.
(ii) All estimation and monitoring techniques must be approved by the Administrator.
(iii) A quality assurance and quality control plan addressing all aspects of the monitoring
program must be provided to and approved by the Administrator.
(d) Each petition must be submitted to the Administrator.
(e) After a petition has been approved, the owner or operator must report any changes in
conditions at the unit and/or the environment around the unit that significantly depart
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from the conditions described in the variance and affect the potential for migration of
hazardous constituents from the units as follows:
(1) If the owner or operator plans to make changes to the unit design, construction, or
operation, such a change must be proposed, in writing, and the owner or operator must
submit a demonstration to the Administrator at least 30 days prior to making the change.
The Administrator will determine whether the proposed change invalidates the terms of
the petition and will determine the appropriate response. Any change must be approved
by the Administrator prior to being made.
(2) If the owner or operator discovers that a condition at the site which was modeled or
predicted in the petition does not occur as predicted, this change must be reported, in
writing, to the Administrator within 10 days of discovering the change. The
Administrator will determine whether the reported change from the terms of the petition
requires further action, which may include termination of waste acceptance and
revocation of the petition, petition modifications, or other responses.
(f) If the owner or operator determines that there is migration of hazardous constituent(s)
from the unit, the owner or operator must:
(1) Immediately suspend receipt of prohibited waste at the unit, and
(2) Notify the Administrator, in writing, within 10 days of the determination that a release
has occurred.
(3) Following receipt of the notification the Administrator will determine, within 60 days
of receiving notification, whether the owner or operator can continue to receive
prohibited waste in the unit and whether the variance is to be revoked. The Administrator
shall also determine whether further examination of any migration is warranted under
applicable provisions of part 264 or part 265.
(g) Each petition must include the following statement signed by the petitioner or an
authorized representative:
I certify under penalty of law that I have personally examined and am familiar with the
information submitted in this petition and all attached documents, and that, based on my
inquiry of those individuals immediately responsible for obtaining the information, I
believe that submitted information is true, accurate, and complete. I am aware that there
are significant penalties for submitting false information, including the possibility of fine
and imprisonment.
(h) After receiving a petition, the Administrator may request any additional information
that reasonably may be required to evaluate the demonstration.
(i) If approved, the petition will apply to land disposal of the specific restricted waste at
the individual disposal unit described in the demonstration and will not apply to any other
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restricted waste at that disposal unit, or to that specific restricted waste at any other
disposal unit.
(j) The Administrator will give public notice in the Federal Register of the intent to
approve or deny a petition and provide an opportunity for public comment. The final
decision on a petition will 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 if the disposal unit is operating under a RCRA permit, or up to a
maximum of 10 years from the date of approval provided under paragraph (g) of this
section if the unit is operating under interim status. In either case, the term of the granted
petition shall expire upon the termination or denial of a RCRA permit, or upon the
termination of interim status or when the volume limit of waste to be land disposed
during the term of petition is reached.
(1) Prior to the Administrator's decision, the applicant is required to comply with all
restrictions on land disposal under this part once the effective date for the waste has been
reached.
(m) The petition granted by the Administrator does not relieve the petitioner of his
responsibilities in the management of hazardous waste under 40 CFR part 260 through
part 271.
(n) Liquid hazardous wastes containing polychlorinated biphenyls at concentrations
greater than or equal to 500 ppm are not eligible for an exemption under this section.
[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 52 FR 25789,
July 8, 1987; 53 FR31212, Aug. 17, 1988; 54 FR 36971, Sept. 6, 1989; 71 FR 40278,
July 14, 2006]
§ 268.7: Testing, tracking, and recordkeeping requirements for generators, treaters,
and disposal facilities.
(a) Requirements for generators: (1) A generator of hazardous waste must determine if
the waste has to be treated before it can be land disposed. This is done by determining if
the hazardous waste meets the treatment standards in §268.40, 268.45, or §268.49. This
determination can be made concurrently with the hazardous waste determination required
in §262.11 of this chapter, in either of two ways: testing the waste or using knowledge of
the waste. If the generator tests the waste, testing would normally determine the total
concentration of hazardous constituents, or the concentration of hazardous constituents in
an extract of the waste obtained using test method 1311 in "Test Methods of Evaluating
Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, (incorporated by
reference, see §260.11 of this chapter), depending on whether the treatment standard for
the waste is expressed as a total concentration or concentration of hazardous constituent
in the waste's extract. (Alternatively, the generator must send the waste to a RCRA-
permitted hazardous waste treatment facility, where the waste treatment facility must
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comply with the requirements of §264.13 of this chapter and paragraph (b) of this
section.) In addition, some hazardous wastes must be treated by particular treatment
methods before they can be land disposed and some soils are contaminated by such
hazardous wastes. These treatment standards are also found in §268.40, and are described
in detail in §268.42, Table 1. These wastes, and soils contaminated with such wastes, do
not need to be tested (however, if they are in a waste mixture, other wastes with
concentration level treatment standards would have to be tested). If a generator
determines they are managing a waste or soil contaminated with a waste, that displays a
hazardous characteristic of ignitability, corrosivity, reactivity, ortoxicity, they must
comply with the special requirements of §268.9 of this part in addition to any applicable
requirements in this section.
(2) If the waste or contaminated soil does not meet the treatment standards, or if the
generator chooses not to make the determination of whether his waste must be treated,
with the initial shipment of waste to each treatment or storage facility, the generator must
send a one-time written notice 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 paragraph (a)(4) of this
section. (Alternatively, if the generator chooses not to make the determination of whether
the waste must be treated, the notification must include the EPA Hazardous Waste
Numbers and Manifest Number of the first shipment and must state "This hazardous
waste may or may not be subject to the LDR treatment standards. The treatment facility
must make the determination.") No further notification is necessary until such time that
the waste or facility change, in which case a new notification must be sent and a copy
placed in the generator's file.
(3) If the waste or contaminated soil meets the treatment standard at the original point of
generation:
(i) With the initial shipment of waste to each treatment, storage, or disposal facility, the
generator must send a one-time written notice to each treatment, storage, or disposal
facility receiving the waste, and place a copy in the file. The notice must include the
information indicated in column "268/7(a)(3)" of the Generator Paperwork Requirements
Table in §268/7(a)(4) and the following certification statement, signed by an authorized
representative:
I certify under penalty of law that I personally have examined and am familiar with the
waste through analysis and testing or through knowledge of the waste to support this
certification that the waste complies with the treatment standards specified in 40 CFR
part 268 subpart D. I believe that the information I submitted is true, accurate, and
complete. I am aware that there are significant penalties for submitting a false
certification, including the possibility of a fine and imprisonment.
(ii) For contaminated soil, with the initial shipment of wastes to each treatment, storage,
or disposal facility, the generator must send a one-time written notice to each facility
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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).
(iii) If the waste changes, the generator must send a new notice and certification to the
receiving facility, and place a copy in their files. Generators of hazardous debris excluded
from the definition of hazardous waste under §261.3(f) of this chapter are not subject to
these requirements.
(4) For reporting, tracking, and recordkeeping when exceptions allow certain wastes or
contaminated soil that do not meet the treatment standards to be land disposed: There are
certain exemptions from the requirement that hazardous wastes or contaminated soil meet
treatment standards before they can be land disposed. These include, but are not limited
to case-by-case extensions under §268.5, disposal in a no-migration unit under §268.6, or
a national capacity variance or case-by-case capacity variance under subpart C of this
part. If a generator's waste is so exempt, then with the initial shipment of waste, the
generator must send a one-time written notice to each land disposal facility receiving the
waste. The notice must include the information indicated in column "268/7(a)(4)" of the
Generator Paperwork Requirements Table below. If the waste changes, the generator
must send a new notice to the receiving facility, and place a copy in their files.
Generator Paperwork Requirements Table
Required information
1 . EPA Hazardous Waste Numbers and Manifest
Number of first shipment
2. Statement: this waste is not prohibited from land
disposal
3. The waste is subject to the LDRs. The
constituents of concern for F001-F005, and F039,
and underlying hazardous constituents in
characteristic wastes, unless the waste will be
treated and monitored for all constituents. If all
constituents will be treated and monitored, there is
no need to put them all on the LDR notice
4. The notice must include the applicable
wastewater/nonwastewater category (see §§
268. 2(d) and (f)) and subdivisions made within a
waste code based on waste-specific criteria (such
as D003 reactive cyanide)
5. Waste analysis data (when available)
6. Date the waste is subject to the prohibition
7. For hazardous debris, when treating with the
alternative treatment technologies provided by
§268.45: the contaminants subject to treatment, as
described in § 268.45(b); and an indication that
§268.7
(a)(2)
^
^
v'
^
v'
§268.7
(a)(3)
^
^
^
^
§268.7
(a)(4)
^
^
^
^
^
§268.7
(a)(9)
^
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these contaminants are being treated to comply
with § 268.45
8. For contaminated soil subject to LDRs as
provided in § 268.49(a), the constituents subject to
treatment as described in § 268.49(d), and the
following statement: This contaminated soil
[does/does not] contain listed hazardous waste and
[does/does not] exhibit a characteristic of
hazardous waste and [is subject to/complies with]
the soil treatment standards as provided by §
268.49(c) or the universal treatment standards
9. A certification is needed (see applicable section
for exact wording)
^
^
v'
^
(5) If a generator is managing and treating prohibited waste or contaminated soil in tanks,
containers, or containment buildings regulated under 40 CFR 262.34 to meet applicable
LDR treatment standards found at §268.40, the generator must develop and follow a
written waste analysis plan which describes the procedures they will carry out to comply
with the treatment standards. (Generators treating hazardous debris under the alternative
treatment standards of Table 1, §268.45, however, are not subject to these waste analysis
requirements.) The plan must be kept on site in the generator's records, and the following
requirements must be met:
(i) The waste analysis plan must be based on a detailed chemical and physical analysis of
a representative sample of the prohibited waste(s) being treated, and contain all
information necessary to treat the waste(s) in accordance with the requirements of this
part, including the selected testing frequency.
(ii) Such plan must be kept in the facility's on-site files and made available to inspectors.
(iii) Wastes shipped off-site pursuant to this paragraph must comply with the notification
requirements of §268/7(a)(3).
(6) If a generator determines that the waste or contaminated soil is restricted based solely
on his knowledge of the waste, all supporting data used to make this determination must
be retained on-site in the generator's files. If a generator determines that the waste is
restricted based on testing this waste or an extract developed using the test method 1311
in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA
Publication SW-846, as referenced in §260.11 of this chapter, and all waste analysis data
must be retained on-site in the generator's files.
(7) If a generator determines that he is managing a prohibited waste that is excluded from
the definition of hazardous or solid waste or is exempted from Subtitle C regulation under
40 CFR 261.2 through 261.6 subsequent to the point of generation (including deactivated
characteristic hazardous wastes managed in wastewater treatment systems subject to the
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Clean Water Act (CWA) as specified at 40 CFR 26L4(a)(2) or that are CWA-equivalent,
or are managed in an underground injection well regulated by the SDWA), he must place
a one-time notice describing such generation, subsequent exclusion from the definition of
hazardous or solid waste or exemption from RCRA Subtitle C regulation, and the
disposition of the waste, in the facility's on-site files.
(8) Generators must retain on-site a copy of all notices, certifications, waste analysis data,
and other documentation produced pursuant to this section for at least three years from
the date that the waste that is the subject of such documentation was last sent to on-site or
off-site treatment, storage, or disposal. The three year record retention period is
automatically extended during the course of any unresolved enforcement action regarding
the regulated activity or as requested by the Administrator. The requirements of this
paragraph apply to solid wastes even when the hazardous characteristic is removed prior
to disposal, or when the waste is excluded from the definition of hazardous or solid waste
under 40 CFR 261.2 through 261.6, or exempted from Subtitle C regulation, subsequent
to the point of generation.
(9) If a generator is managing a lab pack containing hazardous wastes and wishes to use
the alternative treatment standard for lab packs found at §268.42(c):
(i) With the initial shipment of waste to a treatment facility, the generator must submit a
notice that provides the information in column "§268/7(a)(9)" in the Generator
Paperwork Requirements Table of paragraph (a)(4) of this section, and the following
certification. The certification, which must be signed by an authorized representative and
must be placed in the generator's files, must say the following:
I certify under penalty of law that I personally have examined and am familiar with the waste and that the
lab pack contains only wastes that have not been excluded under appendix IV to 40 CFR part 268 and that
this lab pack will be sent to a combustion facility in compliance with the alternative treatment standards for
lab packs at 40 CFR 268.42(cX I am aware that there are significant penalties for submitting a false
certification, including the possibility of fine or imprisonment.
(ii) No further notification is necessary until such time that the wastes in the lab pack
change, or the receiving facility changes, in which case a new notice and certification
must be sent and a copy placed in the generator's file.
(iii) If the lab pack contains characteristic hazardous wastes (D001-D043), underlying
hazardous constituents (as defined in §268.2(i)) need not be determined.
(iv) The generator must also comply with the requirements in paragraphs (a)(6) and (a)(7)
of this section.
(10) Small quantity generators with tolling agreements pursuant to 40 CFR 262.20(e)
must comply with the applicable notification and certification requirements of paragraph
(a) of this section for the initial shipment of the waste subject to the agreement. Such
generators must retain on-site a copy of the notification and certification, together with
the tolling agreement, for at least three years after termination or expiration of the
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agreement. The three-year record retention period is automatically extended during the
course of any unresolved enforcement action regarding the regulated activity or as
requested by the Administrator.
(b) Treatment facilities must test their wastes according to the frequency specified in their
waste analysis plans as required by 40 CFR 264.13 (for permitted TSDs) or 40 CFR
265.13 (for interim status facilities). Such testing must be performed as provided in
paragraphs (b)(l), (b)(2) and (b)(3) of this section.
(1) For wastes or contaminated soil with treatment standards expressed in the waste
extract (TCLP), the owner or operator of the treatment facility must test an extract of the
treatment residues, using test method 1311 (the Toxicity Characteristic Leaching
Procedure, described in "Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods," EPA Publication SW-846 as incorporated by reference in §260.11 of this
chapter) to assure that the treatment residues extract meet the applicable treatment
standards.
(2) For wastes or contaminated soil with treatment standards expressed as concentrations
in the waste, the owner or operator of the treatment facility must test the treatment
residues (not an extract of such residues) to assure that they meet the applicable treatment
standards.
(3) A one-time notice must be sent with the initial shipment of waste or contaminated soil
to the land disposal facility. A copy of the notice must be placed in the treatment facility's
file.
(i) No further notification is necessary until such time that the waste or receiving facility
change, in which case a new notice must be sent and a copy placed in the treatment
facility's file.
(ii) The one-time notice must include these requirements:
Treatment Facility Paperwork Requirements Table
Required Information
1. EPA Hazardous Waste Numbers and Manifest Number of first
shipment
2. The waste is subject to the LDRs. The constituents of concern for
F001-F005, and F039, and underlying hazardous constituents in
characteristic wastes, unless the waste will be treated and monitored
for all constituents. If all constituents will be treated and monitored,
there is no need to put them all on the LDR notice
3. The notice must include the applicable wastewater/ nonwastewater
category (see §§ 268. 2(d) and (f)) and subdivisions made within a
waste code based on waste-specific criteria (such as D003 reactive
cyanide)
§268.7(b)
^
V
S
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4. Waste analysis data (when available)
5. For contaminated soil subject to LDRs as provided in 268.49(a),
the constituents subject to treatment as described in 268.49(d) and the
following statement, "this contaminated soil [does/does not] exhibit a
characteristic of hazardous waste and [is subject to/complies with] the
soil treatment standards as provided by 268.49(c)"
6. A certification is needed (see applicable section for exact wording)
^
V
S
(4) The treatment facility must submit a one-time certification signed by an authorized
representative with the initial shipment of waste or treatment residue of a restricted waste
to the land disposal facility. The certification must state:
I certify under penalty of law that I have personally examined and am familiar with the treatment
technology and operation of the treatment process used to support this certification. Based on my inquiry of
those individuals immediately responsible for obtaining this information, I believe that the treatment
process has been operated and maintained properly so as to comply with the treatment standards specified
in 40 CFR 268.40 without impermissible dilution of the prohibited waste. I am aware there are significant
penalties for submitting a false certification, including the possibility of fine and imprisonment.
A certification is also necessary for contaminated soil and it must state:
I certify under penalty of law that I have personally examined and am familiar with the treatment
technology and operation of the treatment process used to support this certification and believe that it has
been maintained and operated properly so as to comply with treatment standards specified in 40 CFR
268.49 without impermissible dilution of the prohibited wastes. I am aware there are significant penalties
for submitting a false certification, including the possibility of fine and imprisonment.
(i) A copy of the certification must be placed in the treatment facility's on-site files. If the
waste or treatment residue changes, or the receiving facility changes, a new certification
must be sent to the receiving facility, and a copy placed in the file.
(ii) Debris excluded from the definition of hazardous waste under §261.3(f) of this
chapter (i.e., debris treated by an extraction or destruction technology provided by Table
1, §268.45, and debris that the Director has determined does not contain hazardous
waste), however, is subject to the notification and certification requirements of paragraph
(d) of this section rather than the certification requirements of this paragraph.
(iii) For wastes with organic constituents having treatment standards expressed as
concentration levels, if compliance with the treatment standards is based in whole or in
part on the analytical detection limit alternative specified in §268.40(d), the certification,
signed by an authorized representative, must state the following:
I certify under penalty of law that I have personally examined and am familiar with the treatment
technology and operation of the treatment process used to support this certification. Based on my inquiry of
those individuals immediately responsible for obtaining this information, I believe that the nonwastewater
organic constituents have been treated by combustion units as specified in 268.42. Table 1.1 have been
unable to detect the nonwastewater organic constituents, despite having used best good-faith efforts to
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analyze for such constituents. I am aware there are significant penalties for submitting a false certification,
including the possibility of fine and imprisonment.
(iv) For characteristic wastes that are subject to the treatment standards in §268.40 (other
than those expressed as a method of treatment), or §268.49, and that contain underlying
hazardous constituents as defined in §268.2(i): if these wastes are treated on-site to
remove the hazardous characteristic; and are then sent off-site for treatment of underlying
hazardous constituents, the certification must state the following:
I certify under penalty of law that the waste has been treated in accordance with the requirements of 40
CFR 268.40 or 268.49 to remove the hazardous characteristic. This decharacterized waste contains
underlying hazardous constituents that require further treatment to meet treatment standards. I am aware
that there are significant penalties for submitting a false certification, including the possibility of fine and
imprisonment.
(v) For characteristic wastes that contain underlying hazardous constituents as defined
§268.2(i) that are treated on-site to remove the hazardous characteristic to treat
underlying hazardous constituents to levels in §268.48 Universal Treatment Standards,
the certification must state the following:
I certify under penalty of law that the waste has been treated in accordance with the requirements of 40
CFR 268.40 to remove the hazardous characteristic and that underlying hazardous constituents, as defined
in §268.2(1) have been treated on-site to meet the §268.48 Universal Treatment Standards. I am aware that
there are significant penalties for submitting a false certification, including the possibility of fine and
imprisonment.
(5) If the waste or treatment residue will be further managed at a different treatment,
storage, or disposal facility, the treatment, storage, or disposal facility sending the waste
or treatment residue off-site must comply with the notice and certification requirements
applicable to generators under this section.
(6) Where the wastes are recyclable materials used in a manner constituting disposal
subject to the provisions of §266.20(b) of this chapter regarding treatment standards and
prohibition levels, the owner or operator of a treatment facility (i.e., the recycler) must,
for the initial shipment of waste, prepare a one-time certification described in paragraph
(b)(4) of this section, and a one-time notice which includes the information in paragraph
(b)(3) of this section (except the manifest number). The certification and notification
must be placed in the facility's on-site files. If the waste or the receiving facility changes,
a new certification and notification must be prepared and placed in the on site files. In
addition, the recycling facility must also keep records of the name and location of each
entity receiving the hazardous waste-derived product.
(c) Except where the owner or 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
or operator of any land disposal facility disposing any waste subject to restrictions under
this part must:
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(1) Have copies of the notice and certifications specified in paragraph (a) or (b) of this
section.
(2) Test the waste, or an extract of the waste or treatment residue developed using test
method 1311 (the Toxicity Characteristic Leaching Procedure, described in "Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication
SW-846 as incorporated by reference in §260.11 of this chapter), to assure that the
wastes or treatment residues are in compliance with the applicable treatment standards set
forth in subpart D of this part. Such testing must be performed according to the frequency
specified in the facility's waste analysis plan as required by §264.13 or §265.13 of this
chapter.
(d) Generators or treaters who first claim that hazardous debris is excluded from the
definition of hazardous waste under §261.3(f) of this chapter (i.e., debris treated by an
extraction or destruction technology provided by Table 1, §268.45, and debris that the
EPA Regional Administrator (or his designated representative) or State authorized to
implement part 268 requirements has determined does not contain hazardous waste) are
subject to the following notification and certification requirements:
(1) A one-time notification, including the following information, must be submitted to the
EPA Regional hazardous waste management division director (or his designated
representative) or State authorized to implement part 268 requirements:
(i) The name and address of the Subtitle D facility receiving the treated debris;
(ii) A description of the hazardous debris as initially generated, including the applicable
EPA Hazardous Waste Number(s); and
(iii) For debris excluded under §261.3(f)(l) of this chapter, the technology from Table 1,
§268.45, used to treat the debris.
(2) The notification must be updated if the debris is shipped to a different facility, and,
for debris excluded under §26L2(f)(l) of this chapter, if a different type of debris is
treated or if a different technology is used to treat the debris.
(3) For debris excluded under §261.3(f)(l) of this chapter, the owner or operator of the
treatment facility must document and certify compliance with the treatment standards of
Table 1, §268.45, as follows:
(i) Records must be kept of all inspections, evaluations, and analyses of treated debris
that are made to determine compliance with the treatment standards;
(ii) Records must be kept of any data or information the treater obtains during treatment
of the debris that identifies key operating parameters of the treatment unit; and
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(iii) For each shipment of treated debris, a certification of compliance with the treatment
standards must be signed by an authorized representative and placed in the facility's files.
The certification must state the following: "I certify under penalty of law that the debris
has been treated in accordance with the requirements of 40 CFR 268.45.1 am aware that
there are significant penalties for making a false certification, including the possibility of
fine and imprisonment."
(e) Generators and treaters who first receive from EPA or an authorized state a
determination that a given contaminated soil subject to LDRs as provided in §268.49(a)
no longer contains a listed hazardous waste and generators and treaters who first
determine that a contaminated soil subject to LDRs as provided in §268.49(a) no longer
exhibits a characteristic of hazardous waste must:
(1) Prepare a one-time only documentation of these determinations including all
supporting information; and,
(2) Maintain that information in the facility files and other records for a minimum of
three years.
[51 FR 4063 8, Nov. 7, 1986; 52 FR 21016, June 4,1987]
Editorial Note: For Federal Register citations affecting §268.7, see the List of CFR
Sections Affected, which appears in the Finding Aids section of the printed volume and
on GPO Access.
§268.8 [Reserved]
§ 268.9 Special rules regarding wastes that exhibit a characteristic.
(a) The initial generator of a solid waste must determine each EPA Hazardous Waste
Number (waste code) applicable to the waste in order to determine the applicable
treatment standards under subpart D of this part. This determination may be made
concurrently with the hazardous waste determination required in §262.11 of this chapter.
For purposes of part 268, the waste will carry the waste code for any applicable listed
waste (40 CFR part 261, subpart D). In addition, where the waste exhibits a
characteristic, the waste will carry one or more of the characteristic waste codes (40 CFR
part 261, subpart C), except when the treatment standard for the listed waste operates in
lieu of the treatment standard for the characteristic waste, as specified in paragraph (b) of
this section. If the generator determines that their waste displays a hazardous
characteristic (and is not D001 nonwastewaters treated by CMBST, RORGS, OR
POLYM of §268.42, Table 1), the generator must determine the underlying hazardous
constituents (as defined at §268.2(i)) in the characteristic waste.
(b) Where a prohibited waste is both listed under 40 CFR part 261, subpart D and
exhibits a characteristic under 40 CFR part 261, subpart C, the treatment standard for the
waste code listed in 40 CFR part 261, subpart D will operate in lieu of the standard for
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the waste code under 40 CFR part 261, subpart C, provided that the treatment standard
for the listed waste includes a treatment standard for the constituent that causes the waste
to exhibit the characteristic. Otherwise, the waste must meet the treatment standards for
all applicable listed and characteristic waste codes.
(c) In addition to any applicable standards determined from the initial point of generation,
no prohibited waste which exhibits a characteristic under 40 CFR part 261, subpart C
may be land disposed unless the waste complies with the treatment standards under
subpart D of this part.
(d) Wastes that exhibit a characteristic are also subject to §268.7 requirements, except
that once the waste is no longer hazardous, a one-time notification and certification must
be placed in the generator's or treater's on-site files. The notification and certification
must be updated if the process or operation generating the waste changes and/or if the
subtitle D facility receiving the waste changes.
(1) The notification must include the following information:
(i) Name and address of the RCRA Subtitle D facility receiving the waste shipment; and
(ii) A description of the waste as initially generated, including the applicable EPA
hazardous waste code(s), treatability group(s), and underlying hazardous constituents (as
defined in §268.2(i)), unless the waste will be treated and monitored for all underlying
hazardous constituents. 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.
(2) The certification must be signed by an authorized representative and must state the
language found in §268/7(b)(4).
(i) If treatment removes the characteristic but does not meet standards applicable to
underlying hazardous constituents, then the certification found in §268/7(b)(4)(iv)
applies.
(ii) [Reserved]
[55 FR 22688, June 1, 1990, as amended at 56 FR 3878, Jan. 31, 1991; 57 FR 37271,
Aug. 18, 1992; 58 FR 29885, May 24, 1993; 59 FR 48045, Sept. 19, 1994; 60FR245,
Jan. 3, 1995; 61 FR 15599, 15662, Apr. 8, 1996; 62 FR 26022, May 12, 1997; 64 FR
25415, May 11, 1999; 71 FR 16913, Apr. 4, 2006]
Subpart B—Schedule for Land Disposal Prohibition and Establishment of
Treatment Standards
Source: 51 FR 19305, May 28, 1986, unless otherwise noted.
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§§ 268.10-268.12 [Reserved]
§ 268.13 Schedule for wastes identified or listed after November 8,1984.
In the case of any hazardous waste identified or listed under section 3001 after November
8, 1984, the Administrator shall make a land disposal prohibition determination within 6
months after the date of identification or listing.
§ 268.14 Surface impoundment exemptions.
(a) This section defines additional circumstances under which an otherwise prohibited
waste may continue to be placed in a surface impoundment.
(b) Wastes which are newly identified or listed under section 3001 after November 8,
1984, and stored in a surface impoundment that is newly subject to subtitle C of RCRA
as a result of the additional identification or listing, may continue to be stored in the
surface impoundment for 48 months after the promulgation of the additional listing or
characteristic, notwithstanding that the waste is otherwise prohibited from land disposal,
provided that the surface impoundment is in compliance with the requirements of subpart
F of part 265 of this chapter within 12 months after promulgation of the new listing or
characteristic.
(c) Wastes which are newly identified or listed under section 3001 after November 8,
1984, and treated in a surface impoundment that is newly subject to subtitle C of RCRA
as a result of the additional identification or listing, may continue to be treated in that
surface impoundment, notwithstanding that the waste is otherwise prohibited from land
disposal, provided that surface impoundment is in compliance with the requirements of
subpart F of part 265 of this chapter within 12 months after the promulgation of the new
listing or characteristic. In addition, if the surface impoundment continues to treat
hazardous waste after 48 months from promulgation of the additional listing or
characteristic, it must then be in compliance with §268.4.
[57 FR 37271, Aug. 18, 1992, as amended at 71 FR 40278, July 14, 2006]
Subpart C—Prohibitions on Land Disposal
§ 268.20 Waste specific prohibitions—Dyes and/or pigments production wastes.
(a) Effective August 23, 2005, the waste specified in 40 CFR part 261 as EPA Hazardous
Waste Number K181, and soil and debris contaminated with this waste, radioactive
wastes mixed with this waste, and soil and debris contaminated with radioactive wastes
mixed with this waste are prohibited from land disposal.
(b) The requirements of paragraph (a) of this section do not apply if:
(1) The wastes meet the applicable treatment standards specified in subpart D of this Part;
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(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 treatment standards established pursuant to a petition
granted under §268.44;
(4) Hazardous debris has met the treatment standards in §268.40 or the alternative
treatment standards in §268.45; or
(5) Persons have been granted an extension to the effective date of a prohibition pursuant
to §268.5, with respect to these wastes covered by the extension.
(c) To determine whether a hazardous waste identified in this section exceeds the
applicable treatment standards specified in §268.40, the initial generator must test a
sample of the waste extract or the entire waste, depending on whether the treatment
standards are expressed as concentrations in the waste extract of the waste, or the
generator may use knowledge of the waste. If the waste contains regulated constituents in
excess of the applicable subpart D levels, the waste is prohibited from land disposal, and
all requirements of part 268 are applicable, except as otherwise specified.
[70 FR 9177, Feb. 24, 2005]
§§ 268.21-268.29 [Reserved]
§ 268.30 Waste specific prohibitions—wood preserving wastes.
(a) Effective August 11, 1997, the following wastes are prohibited from land disposal: the
wastes specified in 40 CFR part 261 as EPA Hazardous Waste numbers F032, F034, and
F035.
(b) Effective May 12, 1999, the following wastes are prohibited from land disposal: soil
and debris contaminated with F032, F034, F035; and radioactive wastes mixed with EPA
Hazardous waste numbers F032, F034, and F035.
(c) Between May 12, 1997 and May 12, 1999, soil and debris contaminated with F032,
F034, F035; and radioactive waste mixed with F032, F034, and F035 may be disposed in
a landfill or surface impoundment only if such unit is in compliance with the
requirements specified in §268.5(h)(2) of this part.
(d) The requirements of paragraphs (a) and (b) of this section do not apply if:
(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;
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(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 wastes covered by the extension.
(e) To determine whether a hazardous waste identified in this section exceeds the
applicable treatment standards specified in §268.40, the initial generator must test a
sample of the waste extract or the entire waste, depending on whether the treatment
standards are expressed as concentrations in the waste extract or the waste, or the
generator may use knowledge of the waste. If the waste contains constituents in excess of
the applicable Universal Treatment Standard levels of §268.48 of this part, the waste is
prohibited from land disposal, and all requirements of part 268 are applicable, except as
otherwise specified.
[62 FR 26022, May 12, 1997]
§ 268.31 Waste specific prohibitions—Dioxin-containing wastes.
(a) Effective November 8, 1988, the dioxin-containing wastes specified in 40 CFR
261.31 as EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, F027, and F028,
are prohibited from land disposal unless the following condition applies:
(1) The F020-F023 and F026-F028 dioxin-containing waste is contaminated soil and
debris resulting from a response action taken under section 104 or 106 of the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980
(CERCLA) or a corrective action taken under subtitle C of the Resource Conservation
and Recovery Act (RCRA).
(b) Effective November 8, 1990, the F020-F023 and F026-F028 dioxin-containing
wastes listed in paragraph (a)(l) of this section are prohibited from land disposal.
(c) Between November 8, 1988, and November 8, 1990, wastes included in paragraph
(a)(l) of this section may be disposed in a landfill or surface impoundment only if such
unit is in compliance with the requirements specified in §268.5(h)(2) and all other
applicable requirements of parts 264 and 265 of this chapter.
(d) The requirements of paragraphs (a) and (b) of this section do not apply if:
(1) The wastes meet the standards of subpart D of this part; or
(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; or
(3) Persons have been granted an extension to the effective date of a prohibition pursuant
to §268.5, with respect to those wastes covered by the extension.
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[53 FR 31216, Aug. 17, 1988]
§ 268.32 Waste specific prohibitions—Soils exhibiting the toxicity characteristic for
metals and containing PCBs.
(a) Effective December 26, 2000, the following wastes are prohibited from land disposal:
any volumes of soil exhibiting the toxicity characteristic solely because of the presence of
metals (D004—D011) and containing PCBs.
(b) The requirements of paragraph (a) of this section do not apply if:
(l)(i) The wastes contain halogenated organic compounds in total concentration less than
l,000mg/kg;and
(ii) The wastes meet the treatment standards specified in Subpart D of this part for EPA
hazardous waste numbers D004—D011, as applicable; or
(2)(i) The wastes contain halogenated organic compounds in total concentration less than
l,000mg/kg; and
(ii) The wastes meet the alternative treatment standards specified in §268.49 for
contaminated soil; or
(3) 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; or
(4) The wastes meet applicable alternative treatment standards established pursuant to a
petition granted under §268.44.
[65 FR 81380, Dec. 26, 2000]
§ 268.33 Waste specific prohibitions—chlorinated aliphatic wastes.
(a) Effective May 8, 2001, the wastes specified in 40 CFR part 261 as EPA Hazardous
Wastes Numbers K174, and K175, soil and debris contaminated with these wastes,
radioactive wastes mixed with these wastes, and soil and debris contaminated with
radioactive wastes mixed with these wastes are prohibited from land disposal.
(b) The requirements of paragraph (a) of this section do not apply if:
(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;
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(3) The wastes meet the applicable treatment standards established pursuant to a petition
granted under §268.44;
(4) Hazardous debris has met the treatment standards in §268.40 or the alternative
treatment standards in §268.45; or
(5) Persons have been granted an extension to the effective date of a prohibition pursuant
to §268.5, with respect to these wastes covered by the extension.
(c) To determine whether a hazardous waste identified in this section exceeds the
applicable treatment standards specified in §268.40, the initial generator must test a
sample of the waste extract or the entire waste, depending on whether the treatment
standards are expressed as concentrations in the waste extract or the waste, or the
generator may use knowledge of the waste. If the waste contains regulated constituents in
excess of the applicable levels of subpart D of this part, the waste is prohibited from land
disposal, and all requirements of part 268 are applicable, except as otherwise specified.
(d) Disposal of K175 wastes that have complied with all applicable 40 CFR 268.40
treatment standards must also be macroencapsulated in accordance with 40 CFR 268.45
Table 1 unless the waste is placed in:
(1) A Subtitle C monofill containing only K175 wastes that meet all applicable 40 CFR
268.40 treatment standards; or
(2) A dedicated Subtitle C landfill cell in which all other wastes being co-disposed are at
pH<6.0.
[65 FR 67127, Nov. 8,2000]
§ 268.34 Waste specific prohibitions—toxicity characteristic metal wastes.
(a) Effective August 24, 1998, the following wastes are prohibited from land disposal: the
wastes specified in 40 CFR Part 261 as EPA Hazardous Waste numbers D004-D011 that
are newly identified (i.e. wastes, soil, or debris identified as hazardous by the Toxic
Characteristic Leaching Procedure but not the Extraction Procedure), and waste, soil, or
debris from mineral processing operations that is identified as hazardous by the
specifications at 40 CFR Part 261.
(b) Effective November 26, 1998, the following waste is prohibited from land disposal:
Slag from secondary lead smelting which exhibits the Toxicity Characteristic due to the
presence of one or more metals.
(c) Effective May 26, 2000, the following wastes are prohibited from land disposal:
newly identified characteristic wastes from elemental phosphorus processing; radioactive
wastes mixed with EPA Hazardous wastes D004-D011 that are newly identified (i.e.,
wastes, soil, or debris identified as hazardous by the Toxic Characteristic Leaching
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Procedure but not the Extraction Procedure); or mixed with newly identified
characteristic mineral processing wastes, soil, or debris.
(d) Between May 26, 1998 and May 26, 2000, newly identified characteristic wastes from
elemental phosphorus processing, radioactive waste mixed with D004-D011 wastes that
are newly identified (i.e., wastes, soil, or debris identified as hazardous by the Toxic
Characteristic Leaching Procedure but not the Extraction Procedure), or mixed with
newly identified characteristic mineral processing wastes, soil, or debris may be disposed
in a landfill or surface impoundment only if such unit is in compliance with the
requirements specified in §268.5(h) of this part.
(e) The requirements of paragraphs (a) and (b) of this section do not apply if:
(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 these wastes covered by the extension.
(f) To determine whether a hazardous waste identified in this section exceeds the
applicable treatment standards specified in §268.40, the initial generator must test a
sample of the waste extract or the entire waste, depending on whether the treatment
standards are expressed as concentration in the waste extract or the waste, or the
generator may use knowledge of the waste. If the waste contains constituents (including
underlying hazardous constituents in characteristic wastes) in excess of the applicable
Universal Treatment Standard levels of §268.48 of this part, the waste is prohibited from
land disposal, and all requirements of part 268 are applicable, except as otherwise
specified.
[63 FR 28641, May 26, 1998, as amended at 63 FR 48127, Sept. 9, 1998]
§ 268.35 Waste specific prohibitions—petroleum refining wastes.
(a) Effective February 8, 1999, the wastes specified in 40 CFR part 261 as EPA
Hazardous Wastes Numbers K169, K170, K171, and K172, soils and debris
contaminated with these wastes, radioactive wastes mixed with these hazardous wastes,
and soils and debris contaminated with these radioactive mixed wastes, are prohibited
from land disposal.
(b) The requirements of paragraph (a) of this section do not apply if:
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(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 treatment standards established pursuant to a petition
granted under §268.44;
(4) Hazardous debris that have met treatment standards in §268.40 or in the alternative
treatment standards in §268.45; or
(5) Persons have been granted an extension to the effective date of a prohibition pursuant
to §268.5, with respect to these wastes covered by the extension.
(c) To determine whether a hazardous waste identified in this section exceeds the
applicable treatment standards specified in §268.40, the initial generator must test a
sample of the waste extract or the entire waste, depending on whether the treatment
standards are expressed as concentrations in the waste extract or the waste, or the
generator may use knowledge of the waste. If the waste contains constituents in excess of
the applicable Universal Treatment Standard levels of §268.48, the waste is prohibited
from land disposal, and all requirements of this part are applicable, except as otherwise
specified.
[63 FR 42186, Aug. 6, 1998]
§ 268.36 Waste specific prohibitions—inorganic chemical wastes
(a) Effective May 20, 2002, the wastes specified in 40 CFR part 261 as EPA Hazardous
Wastes Numbers K176, K177, and K178, and soil and debris contaminated with these
wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated
with radioactive wastes mixed with these wastes are prohibited from land disposal.
(b) The requirements of paragraph (a) of this section do not apply if:
(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 treatment standards established pursuant to a petition
granted under §268.44;
(4) Hazardous debris has met the treatment standards in §268.40 or the alternative
treatment standards in §268.45; or
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(5) Persons have been granted an extension to the effective date of a prohibition pursuant
to §268.5, with respect to these wastes covered by the extension.
(c) To determine whether a hazardous waste identified in this section exceeds the
applicable treatment standards specified in §268.40, the initial generator must test a
sample of the waste extract or the entire waste, depending on whether the treatment
standards are expressed as concentrations in the waste extract or the waste, or the
generator may use knowledge of the waste. If the waste contains regulated constituents in
excess of the applicable subpart D levels, the waste is prohibited from land disposal, and
all requirements of this part are applicable, except as otherwise specified.
[66 FR 58298, Nov. 20, 2001]
§ 268.37 Waste specific prohibitions—ignitable and corrosive characteristic wastes
whose treatment standards were vacated.
(a) Effective August 9, 1993, the wastes specified in 40 CFR 261.21 as D001 (and is not
in the High TOC Ignitable Liquids Subcategory), and specified in §261.22 as D002, that
are managed in systems other than those whose discharge is regulated under the Clean
Water Act (CWA), or that inject in Class I deep wells regulated under the Safe Drinking
Water Act (SDWA), or that are zero dischargers that engage in CWA-equivalent
treatment before ultimate land disposal, are prohibited from land disposal. CWA-
equivalent treatment 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 greater than these technologies.
(b) Effective February 10, 1994, the wastes specified in 40 CFR 261.21 as D001 (and is
not in the High TOC Ignitable Liquids Subcategory), and specified in §261.22 as D002,
that are managed in systems defined in 40 CFR 144.6(e) and 146.6(e) as Class V
injection wells, that do not engage in CWA-equivalent treatment before injection, are
prohibited from land disposal.
[58 FR 29885, May 24, 1993]
§ 268.38 Waste specific prohibitions—newly identified organic toxicity
characteristic wastes and newly listed coke by-product and chlorotoluene
production wastes.
(a) Effective December 19, 1994, the wastes specified in 40 CFR 261.32 as EPA
Hazardous Waste numbers K141, K142, K143, K144, K145, K147, K148, K149, K150,
and K151 are prohibited from land disposal. In addition, debris contaminated with EPA
Hazardous Waste numbers F037, F038, K107-K112, Kl 17, Kl 18, K123-K126, K131,
K132, K136, U328, U353, U359, and soil and debris contaminated with D012-D043,
K141-K145, and K147-K151 are prohibited from land disposal. The following wastes
that are specified in 40 CFR 261.24, Table 1 as EPA Hazardous Waste numbers: D012,
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D013, D014, D015, D016, D017, D018, D019, D020, D021, D022, D023, D024, D025,
D026, D027, D028, D029, D030, D031, D032, D033, D034, D035, D036, D037, D038,
D039, D040, D041, D042, D043 that are not radioactive, or that are managed in systems
other than those whose discharge is regulated under the Clean Water Act (CWA), or that
are zero dischargers that do not engage in CWA-equivalent treatment before ultimate
land disposal, or that are injected in Class I deep wells regulated under the Safe Drinking
Water Act (SDWA), are prohibited from land disposal. CWA-equivalent treatment 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.
(b) On September 19, 1996, radioactive wastes that are mixed with D018-D043 that are
managed in systems other than those whose discharge is regulated under the Clean Water
Act (CWA), or that inject in Class I deep wells regulated under the Safe Drinking Water
Act (SDWA), or that are zero dischargers that engage in CWA-equivalent treatment
before ultimate land disposal, are prohibited from land disposal. CWA-equivalent
treatment 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
greater than these technologies. Radioactive wastes mixed with K141-K145, and K147-
K151 are also prohibited from land disposal. In addition, soil and debris contaminated
with these radioactive mixed wastes are prohibited from land disposal.
(c) Between December 19, 1994 and September 19, 1996, the wastes included in
paragraphs (b) of this section may be disposed in a landfill or surface impoundment, only
if such unit is in compliance with the requirements specified in §268.5(h)(2) of this Part.
(d) The requirements of paragraphs (a), (b), and (c) of this section do not apply if:
(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;
(4) Persons have been granted an extension to the effective date of a prohibition pursuant
to §268.5, with respect to these wastes covered by the extension.
(e) To determine whether a hazardous waste identified in this section exceeds the
applicable treatment standards specified in §268.40, the initial generator must test a
sample of the waste extract or the entire waste, depending on whether the treatment
standards are expressed as concentrations in the waste extract or the waste, or the
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generator may use knowledge of the waste. If the waste contains constituents in excess of
the applicable Subpart D levels, the waste is prohibited from land disposal, and all
requirements of part 268 are applicable, except as otherwise specified.
[59 FR 48045, Sept. 19, 1995]
§ 268.39 Waste specific prohibitions—spent aluminum potliners; reactive; and
carbamate wastes.
(a) On July 8, 1996, the wastes specified in 40 CFR 261.32 as EPA Hazardous Waste
numbers K156-K159, and K161; and in 40 CFR 261.33 as EPA Hazardous Waste
numbers P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, U278-
U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409-U411 are
prohibited from land disposal. In addition, soil and debris contaminated with these wastes
are prohibited from land disposal.
(b) On July 8, 1996, the wastes identified in 40 CFR 261.23 as D003 that are managed in
systems other than those whose discharge is regulated under the Clean Water Act
(CWA), or that inject in Class I deep wells regulated under the Safe Drinking Water Act
(SDWA), or that are zero dischargers that engage in CWA-equivalent treatment before
ultimate land disposal, are prohibited from land disposal. This prohibition does not apply
to unexploded ordnance and other explosive devices which have been the subject of an
emergency response. (Such D003 wastes are prohibited unless they meet the treatment
standard of DEACT before land disposal (see §268.40)).
(c) On September 21, 1998, the wastes specified in 40 CFR 261.32 as EPA Hazardous
Waste number K088 are prohibited from land disposal. In addition, soil and debris
contaminated with these wastes are prohibited from land disposal.
(d) On April 8, 1998, radioactive wastes mixed with K088, K156-K159, K161, P127,
P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, U278-U280, U364,
U367, U372, U373, U387, U389, U394, U395, U404, and U409-U411 are prohibited
from land disposal. In addition, soil and debris contaminated with these radioactive
mixed wastes are prohibited from land disposal.
(e) Between July 8, 1996, and April 8, 1998, the wastes included in paragraphs (a), (c),
and (d) of this section may be disposed in a landfill or surface impoundment, only if such
unit is in compliance with the requirements specified in §268.5(h)(2).
(f) The requirements of paragraphs (a), (b), (c), and (d) of this section do not apply if:
(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;
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(3) The wastes meet the applicable alternate treatment standards established pursuant to a
petition granted under §268.44;
(4) Persons have been granted an extension to the effective date of a prohibition pursuant
to §268.5, with respect to these wastes covered by the extension.
(g) To determine whether a hazardous waste identified in this section exceeds the
applicable treatment standards specified in §268.40, the initial generator must test a
sample of the waste extract or the entire waste, depending on whether the treatment
standards are expressed as concentrations in the waste extract or the waste, or the
generator may use knowledge of the waste. If the waste contains constituents in excess of
the applicable Subpart D levels, the waste is prohibited from land disposal, and all
requirements of this part 268 are applicable, except as otherwise specified.
[61 FR 15663, Apr. 8, 1996, as amended at 61 FR 33683, June 28, 1996; 62 FR 1997,
Jan. 14, 1997; 62 FR 32979, June 17, 1997; 62 FR 37699, July 14, 1997; 63 FR 51264,
Sept. 24, 1998]
Subpart D—Treatment Standards
§ 268.40 Applicability of treatment standards.
(a) A prohibited waste identified in the table "Treatment Standards for Hazardous
Wastes" may be land disposed only if it meets the requirements found in the table. For
each waste, the table identifies one of three types of treatment standard requirements:
(1) All hazardous constituents in the waste or in the treatment residue must be at or below
the values found in the table for that waste ("total waste standards"); or
(2) The hazardous constituents in the extract of the waste or in the extract of the treatment
residue must be at or below the values found in the table ("waste extract standards"); or
(3) The waste must be treated using the technology specified in the table ("technology
standard"), which are described in detail in §268.42, Table 1—Technology Codes and
Description of Technology-Based Standards.
(b) For wastewaters, compliance with concentration level standards is based on
maximums for any one day, except for D004 through D011 wastes for which the
previously promulgated treatment standards based on grab samples remain in effect. For
all nonwastewaters, compliance with concentration level standards is based on grab
sampling. For wastes covered by the waste extract standards, the test Method 1311, the
Toxicity Characteristic Leaching Procedure found in "Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by
reference in §260.11, must be used to measure compliance. An exception is made for
D004 and D008, for which either of two test methods may be used: Method 1311, or
Method 1310B, the Extraction Procedure Toxicity Test. For wastes covered by a
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technology standard, the wastes may be land disposed after being treated using that
specified technology or an equivalent treatment technology approved by the
Administrator under the procedures set forth in §268.42(b).
(c) When wastes with differing treatment standards for a constituent of concern are
combined for purposes of treatment, the treatment residue must meet the lowest treatment
standard for the constituent of concern.
(d) Notwithstanding the prohibitions specified in paragraph (a) of this section, treatment
and disposal facilities may demonstrate (and certify pursuant to 40 CFR 268.7(b)(5T)
compliance with the treatment standards for organic constituents specified by a footnote
in the table "Treatment Standards for Hazardous Wastes" in this section, provided the
following conditions are satisfied:
(1) The treatment standards for the organic constituents were established based on
incineration in units operated in accordance with the technical requirements of 40 CFR
part 264, subpart O, or based on combustion in fuel substitution units operating in
accordance with applicable technical requirements;
(2) The treatment or disposal facility has used the methods referenced in paragraph (d)(l)
of this section to treat the organic constituents; and
(3) The treatment or disposal facility may demonstrate compliance with organic
constituents if good-faith analytical efforts achieve detection limits for the regulated
organic constituents that do not exceed the treatment standards specified in this section
by an order of magnitude.
(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 Clean 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(iV) must meet Universal
Treatment Standards, found in §268.48, Table Universal Treatment Standards, prior to
land disposal as defined in §268.2(c) of this part.
(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. Compliance is measured for these constituents in the waste extract
from test Method 1311, the Toxicity Characteristic Leaching Procedure found in "Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication
SW-846, as incorporated by reference in §260.11. If the waste contains any of these three
constituents along with any of the other 25 constituents found in F001-F005, then
compliance with treatment standards for carbon disulfide, cyclohexanone, and/or
methanol are not required.
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(g) Between August 26, 1996 and March 4, 1999 the treatment standards for the wastes
specified in 40 CFR 261.32 as EPA Hazardous Waste numbers K156-K161; and in 40
CFR261.33 as EPA Hazardous Waste numbers P127, P128, P185, P188-P192, P194,
P196-P199, P201-P205, U271, U277-U280, U364-U367, U372, U373, U375-U379,
U381-U387, U389-U396, U400-U404, U407, and U409-U411; and soil contaminated
with these wastes; may be satisfied by either meeting the constituent concentrations
presented in the table "Treatment Standards for Hazardous Wastes" in this section, or by
treating the waste by the following technologies: combustion, as defined by the
technology code CMBST at §268.42 Table 1, for nonwastewaters; and, biodegradation as
defined by the technology code BIODG, carbon adsorption as defined by the technology
code CARBN, chemical oxidation as defined by the technology code CHOXD, or
combustion as defined as technology code CMBST at §268.42 Table 1, for wastewaters.
(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 re-
treated to meet treatment standards in this section prior to land disposal.
(i) [Reserved]
(j) Effective September 4, 1998, the treatment standards for the wastes specified in 40
CFR 261.33 as EPA Hazardous Waste numbers P185, P191, P192, P197, U364, U394,
and U395 may be satisfied by either meeting the constituent concentrations presented in
the table "Treatment Standards for Hazardous Wastes" in this section, or by treating the
waste by the following technologies: combustion, as defined by the technology code
CMBST at §268.42 Table 1 of this Part, for nonwastewaters; and, biodegradation as
defined by the technology code BIODG, carbon adsorption as defined by the technology
code CARBN, chemical oxidation as defined by the technology code CHOXD, or
combustion as defined as technology code CMBST at §268.42 Table 1 of this Part, for
wastewaters.
TABLE: TREATMENT STANDARDS FOR HAZARDOUS WASTE
[59 FR 48046, Sept. 19, 1994]
Editorial Note: For Federal Register citations affecting §268.40, see the List of CFR
Sections Affected, which appears in the Finding Aids section of the printed volume and
on GPO Access.
§ 268.41 Treatment standards expressed as concentrations in waste extract.
For the requirements previously found in this section and for treatment standards in Table
CCWE—Constituent Concentrations in Waste Extracts, refer to §268.40.
[59 FR 48103, Sept. 19, 1994]
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§ 268.42 Treatment standards expressed as specified technologies.
Note: For the requirements previously found in this section in Table 2—Technology-Based Standards By
RCRA Waste Code, and Table 3—Technology-Based Standards for Specific Radioactive Hazardous Mixed
Waste, refer to §268.40.
(a) The following wastes in the table in §268.40 "Treatment Standards for Hazardous
Wastes," for which standards are expressed as a treatment method rather than a
concentration level, must be treated using the technology or technologies specified in the
table entitled "Technology Codes and Description of Technology-Based Standards" in
this section.
TABLE: TECHNOLOGY CODES AND DESCRIPTIONS OF TECHNOLOGY-
BASED STANDARDS.
(b) Any person may submit an application to the Administrator demonstrating that an
alternative treatment method can achieve a measure of performance equivalent to that
achieved by methods specified in paragraphs (a), (c), and (d) of this section for wastes or
specified in Table 1 of §268.45 for hazardous debris. The applicant must submit
information demonstrating that his treatment method is in compliance with federal, state,
and local requirements and is protective of human health and the environment. On the
basis of such information and any other available information, the Administrator may
approve the use of the alternative treatment method if he finds that the alternative
treatment method provides a measure of performance equivalent to that achieved by
methods specified in paragraphs (a), (c), and (d) of this section for wastes or in Table 1 of
§268.45 for hazardous debris. Any approval must be stated in writing and may contain
such provisions and conditions as the Administrator deems appropriate. The person to
whom such approval is issued must comply with all limitations contained in such a
determination.
(c) As an alternative to the otherwise applicable subpart D treatment standards, lab packs
are eligible for land disposal provided the following requirements are met:
(1) The lab packs comply with the applicable provisions of 40 CFR 264.316 and 40 CFR
265.316:
(2) The lab pack does not contain any of the wastes listed in Appendix IV to part 268:
(3) The lab packs are incinerated in accordance with the requirements of 40 CFR part
264. subpart O or 40 CFR part 265. subpart O; and
(4) Any incinerator residues from lab packs containing D004, D005, D006, D007, D008,
DO 10, and D011 are treated in compliance with the applicable treatment standards
specified for such wastes in subpart D of this part.
(d) Radioactive hazardous mixed wastes are subject to the treatment standards in
§268.40. Where treatment standards are specified for radioactive mixed wastes in the
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Table of Treatment Standards, those treatment standards will govern. Where there is no
specific treatment standard for radioactive mixed waste, the treatment standard for the
hazardous waste (as designated by EPA waste code) applies. Hazardous debris containing
radioactive waste is subject to the treatment standards specified in §268.45.
[51 FR 40642, Nov. 7, 1986, as amended at 52 FR 25790, July 8, 1987; 55 FR 22692,
June 1, 1990; 56 FR 3884, Jan. 31, 1991; 57 FR 8089, Mar. 6, 1992; 57 FR 37273, Aug.
18, 1992; 58 FR 29885, May 24, 1993; 59 FR 31552, June 20, 1994; 59 FR 48103, Sept.
19, 1994; 60 FR 302, Jan. 3, 1995; 61 FR 15654, Apr. 8, 1996; 62 FR 26025, May 12,
1997; 63 FR 28738, May 26, 1998; 71 FR 40278, July 14, 2006]
§ 268.43 Treatment standards expressed as waste concentrations.
For the requirements previously found in this section and for treatment standards in Table
CCW—Constituent Concentrations in Wastes, refer to §268.40.
[59 FR 48103, Sept. 19, 1994]
§ 268.44 Variance from a treatment standard.
(a) Based on a petition filed by a generator or treater of hazardous waste, the
Administrator may approve a variance from an applicable treatment standard if:
(1) It is not physically possible to treat the waste to the level specified in the treatment
standard, or by the method specified as the treatment standard. To show that this is the
case, the petitioner must demonstrate that because the physical or chemical properties of
the waste differ significantly from waste analyzed in developing the treatment standard,
the waste cannot be treated to the specified level or by the specified method; or
(2) It is inappropriate to require the waste to be treated to the level specified in the
treatment standard or by the method specified as the treatment standard, even though
such treatment is technically possible. To show that this is the case, the petitioner must
either demonstrate that:
(i) Treatment to the specified level or by the specified method is technically inappropriate
(for example, resulting in combustion of large amounts of mildly contaminated
environmental media); or
(ii) For remediation waste only, treatment to the specified level or by the specified
method is environmentally inappropriate because it would likely discourage aggressive
remediation.
(b) Each petition must be submitted in accordance with the procedures in §260.20.
(c) Each petition must include the following statement signed by the petitioner or an
authorized representative:
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I certify under penalty of law that I have personally examined and am familiar with the information
submitted in this petition and all attached documents, and that, based on my inquiry of those individuals
immediately responsible for obtaining the information, I believe that the submitted information is true,
accurate, and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment.
(d) After receiving a petition for variance from a treatment standard, the Administrator
may request any additional information or samples which he may require to evaluate the
petition. Additional copies of the complete petition may be requested as needed to send to
affected states and Regional Offices.
(e) The Administrator will give public notice in the Federal Register of the intent to
approve or deny a petition and provide an opportunity for public comment. The final
decision on a variance from a treatment standard will be published in the Federal
Register.
(f) A generator, treatment facility, or disposal facility that is managing a waste covered
by a variance from the treatment standards must comply with the waste analysis
requirements for restricted wastes found under §268.7.
(g) During the petition review process, the applicant is required to comply with all
restrictions on land disposal under this part once the effective date for the waste has been
reached.
(h) Based on a petition filed by a generator or treater of hazardous waste, the
Administrator or his or her delegated representative may approve a site-specific variance
from an applicable treatment standard if:
(1) It is not physically possible to treat the waste to the level specified in the treatment
standard, or by the method specified as the treatment standard. To show that this is the
case, the petitioner must demonstrate that because the physical or chemical properties of
the waste differ significantly from waste analyzed in developing the treatment standard,
the waste cannot be treated to the specified level or by the specified method; or
(2) It is inappropriate to require the waste to be treated to the level specified in the
treatment standard or by the method specified as the treatment standard, even though
such treatment is technically possible. To show that this is the case, the petitioner must
either demonstrate that:
(i) Treatment to the specified level or by the specified method is technically inappropriate
(for example, resulting in combustion of large amounts of mildly contaminated
environmental media where the treatment standard is not based on combustion of such
media); or
(ii) For remediation waste only, treatment to the specified level or by the specified
method is environmentally inappropriate because it would likely discourage aggressive
remediation.
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(3) For contaminated soil only, treatment to the level or by the method specified in the
soil treatment standards would result in concentrations of hazardous constituents that are
below (i.e., lower than) the concentrations necessary to minimize short- and long-term
threats to human health and the environment. Treatment variances approved under this
paragraph must:
(i) At a minimum, impose alternative land disposal restriction treatment standards that,
using a reasonable maximum exposure scenario:
(A) For carcinogens, achieve constituent concentrations that result in the total excess risk
to an individual exposed over a lifetime generally falling within a range from 1CT4 to
1(T6; and
(B) For constituents with non-carcinogenic effects, achieve constituent concentrations
that an individual could be exposed to on a daily basis without appreciable risk of
deleterious effect during a lifetime.
(ii) Not consider post-land-disposal controls.
(4) For contaminated soil only, treatment to the level or by the method specified in the
soil treatment standards would result in concentrations of hazardous constituents that are
below (i.e., lower than) natural background concentrations at the site where the
contaminated soil will land disposed.
(5) Public notice and a reasonable opportunity for public comment must be provided
before granting or denying a petition.
(i) Each application for a site-specific variance from a treatment standard must include
the information in §26O20(b)(l)-(4);
(j) After receiving an application for a site-specific variance from a treatment standard,
the Assistant Administrator, or his delegated representative, may request any additional
information or samples which may be required to evaluate the application.
(k) A generator, treatment facility, or disposal facility that is managing a waste covered
by a site-specific variance from a treatment standard must comply with the waste analysis
requirements for restricted wastes found under §268.7.
(1) During the application review process, the applicant for a site-specific variance must
comply with all restrictions on land disposal under this part once the effective date for the
waste has been reached.
(m) For all variances, the petitioner must also demonstrate that compliance with any
given treatment variance is sufficient to minimize threats to human health and the
environment posed by land disposal of the waste. In evaluating this demonstration, EPA
may take into account whether a treatment variance should be approved if the subject
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waste is to be used in a manner constituting disposal pursuant to 40 CFR 266.20 through
266.23.
(n) [Reserved]
(o) The following facilities are excluded from the treatment standards under §268.40, and
are subject to the following constituent concentrations:
TABLE: WASTES EXCLUDED FROM TREATMENT STANDARDS
[51 FR 40642, Nov. 7, 1986, as amended at 52 FR 21017, June 4, 1987; 53 FR 31221,
Aug. 17, 1988; 54 FR 36972, Sept. 6, 1989; 56 FR 12355, Mar. 25, 1991; 61 FR 55727,
Oct. 28, 1996; 62 FR 26025, May 12, 1997; 62 FR 64509, Dec. 5, 1997; 63 FR 28738,
May 26, 1998; 64 FR 28391, May 26, 1999; 66 FR 33890, June 26, 2001; 67 FR 35928,
May 22, 2002; 67 FR 36818, May 28, 2002; 69 FR 6575, Feb. 11, 2004; 69 FR 67653,
Nov. 19, 2004; 70 FR 34589, June 14, 2005; 70 FR 44511, Aug. 3, 2005; 71 FR6212,
Feb. 7, 2006; 71 FR 40279, July 14, 2006]
§ 268.45 Treatment standards for hazardous debris.
(a) Treatment standards. Hazardous debris must be treated prior to land disposal as
follows unless EPA determines under §261.3(f)(2) of this chapter that the debris is no
longer contaminated with hazardous waste or the debris is treated to the waste-specific
treatment standard provided in this subpart for the waste contaminating the debris:
(1) General. Hazardous debris must be treated for each "contaminant subject to
treatment" defined by paragraph (b) of this section using the technology or technologies
identified in Table 1 of this section.
(2) Characteristic debris. Hazardous debris that exhibits the characteristic of ignitability,
corrosivity, or reactivity identified under §§261.21, 261.22, and 261.23 of this chapter,
respectively, must be deactivated by treatment using one of the technologies identified in
Table 1 of this section.
(3) Mixtures of debris types. The treatment standards of Table 1 in this section 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 under paragraph (b) of this section must be
treated for each contaminant using one or more treatment technologies identified in Table
1 of this section. If an immobilization technology is used in a treatment train, it must be
the last treatment technology used.
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(5) Waste PCBs. Hazardous debris that is also a waste PCB under 40 CFR part 761 is
subject to the requirements of either 40 CFR part 761 or the requirements of this section,
whichever are more stringent.
(b) Contaminants 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 (TC) by §261.24 of this chapter are those EP
constituents for which the debris exhibits the TC toxicity characteristic.
(2) Debris contaminated with 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.
(3) Cyanide reactive debris. Hazardous debris that is reactive because of cyanide must be
treated for cyanide.
(c) Conditioned exclusion of treated debris. Hazardous debris that has been treated using
one of the specified extraction or destruction technologies in Table 1 of this section and
that does not exhibit a characteristic of hazardous waste identified under subpart C, part
261, of this chapter 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 an
immobilization technology specified in Table lisa 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 provided by subpart D of this part for the waste contaminating the
debris.
(2) Nontoxic 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 by paragraph (b) of this section, must be
deactivated prior to land disposal and is not subject to the waste-specific treatment
standards of subpart D of this part.
(3) Cyanide-reactive debris. Residue from the treatment of debris that is reactive because
of cyanide must meet the treatment standards for D003 in "Treatment Standards for
Hazardous Wastes" at §268.40.
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(4) Ignitable nomvastewater residue. Ignitable nonwastewaster residue containing equal
to or greater than 10% total organic carbon is subject to the technology specified in the
treatment standard for D001: Ignitable Liquids.
(5) Residue from spoiling. Layers of debris removed by spalling are hazardous debris that
remain subject to the treatment standards of this section.
TABLE: ALTERNATIVE TREATMENT STANDARDS FOR HAZARDOUS
DEBRIS
[57 FR 37277, Aug. 18, 1992, as amended at 59 FR 48103, Sept. 19, 1994; 63 FR 28738,
May 26, 1998]
§ 268.46 Alternative treatment standards based on HTMR.
For the treatment standards previously found in this section, refer to §268.40.
[59 FR 48103, Sept. 19, 1994]
§ 268.48 Universal treatment standards.
(a) Table UTS identifies the hazardous constituents, along with the nonwastewater and
wastewater treatment standard levels, that are used to regulate most prohibited hazardous
wastes with numerical limits. For determining compliance with treatment standards for
underlying hazardous constituents as defined in §268.2(1), 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.
TABLE: UNIVERSAL TREATMENT STANDARDS
[59 FR 48103, Sept. 19, 1994, as amended by 60 FR 302, Jan. 3, 1995; 61 FR 15654,
Apr. 8 1996; 61 FR 33690, June 28, 1996; 62 FR 7596, Feb. 19, 1997; 63 FR 24626, May
4, 1998; 63 FR 28739, May 26, 1998; 63 FR 47417, Sept. 4, 1998; 64 FR 25417, May 11,
1999; 65 FR 14475, Mar. 17, 2000; 70 FR 34590, June 14, 2005; 70 FR 9178, Feb. 24,
2005; 71 FR 40279, July 14, 2006]
§ 268.49 Alternative LDR treatment standards for contaminated soil.
(a) Applicability. You must comply with LDRs prior to placing soil that exhibits a
characteristic of hazardous waste, or exhibited a characteristic of hazardous waste at the
time it was generated, into a land disposal unit. The following chart describes whether
you must comply with LDRs prior to placing soil contaminated by listed hazardous waste
into a land disposal unit:
CHART: APPLICABILITY
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(b) Prior to land disposal, contaminated soil identified by paragraph (a) of this section as
needing to comply with LDRs must be treated according to the applicable treatment
standards specified in paragraph (c) of this section or according to the Universal
Treatment Standards specified in 40 CFR 268.48 applicable to the contaminating listed
hazardous waste and/or the applicable characteristic of hazardous waste if the soil is
characteristic. 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.
(c) Treatment standards for contaminated soils. Prior to land disposal, contaminated soil
identified by paragraph (a) of this section as needing to comply with LDRs must be
treated according to all the standards specified in this paragraph or according to the
Universal Treatment Standards specified in 40 CFR 268.48.
(1) All soils. Prior to land disposal, all constituents subject to treatment must be treated as
follows:
(A) For non-metals except carbon disulfide, cyclohexanone, and methanol, treatment
must achieve 90 percent reduction in total constituent concentrations, except as provided
by paragraph (c)(l)(C) of this section.
(B) For metals and carbon disulfide, cyclohexanone, and methanol, 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), except
as provided by paragraph (c)(l)(C)of this section.
(C) When treatment of any constituent subject to treatment to a 90 percent reduction
standard would result in a concentration less than 10 times the Universal Treatment
Standard for that constituent, treatment to achieve constituent concentrations less than 10
times the universal treatment standard is not required. Universal Treatment Standards are
identified in 40 CFR 268.48 Table UTS.
(2) Soils that exhibit the characteristic ofignitability, corrosivity or reactivity. In addition
to the treatment required by paragraph (c)(l) of this section, prior to land disposal, soils
that exhibit the characteristic ofignitability, corrosivity, or reactivity must be treated to
eliminate these characteristics.
(3) Soils that contain nonanalyzable constituents. In addition to the treatment
requirements of paragraphs (c)(l) and (2) of this section, prior to land disposal, the
following treatment is required for soils that contain nonanalyzable constituents:
(A) For soil that contains only analyzable and nonanalyzable organic constituents,
treatment of the analyzable organic constituents to the levels specified in paragraphs
(c)(l) and (2) of this section; or,
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(B) For soil that contains only nonanalyzable constituents, treatment by the method(s)
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 §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, zinc, and that are present at concentrations greater than ten times the universal
treatment standard. PCBs are not constituent subject to treatment in any given volume of
soil which exhibits the toxicity characteristic solely because of the presence of metals.
(e) Management of treatment residuals. Treatment residuals from treating contaminated
soil identified by paragraph (a) 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.
[63 FR 28751, May 26, 1998, as amended at 64 FR 25417, May 11, 1999; 64 FR 56472,
Oct. 20, 1999; 65 FR 81381, Dec. 26, 2000; 71 FR 40279, July 14, 2006]
Subpart E—Prohibitions on Storage
§ 268.50 Prohibitions on storage of restricted wastes.
(a) Except as provided in this section, the storage of hazardous wastes restricted from
land disposal under subpart C of this part of RCRA section 3004 is prohibited, unless the
following conditions are met:
(1) A generator stores such wastes in tanks, containers, or containment buildings on-site
solely for the purpose of the accumulation of such quantities of hazardous waste as
necessary to facilitate proper recovery, treatment, or disposal and the generator complies
with the requirements in §262.34 and parts 264 and 265 of this chapter.
(2) An owner/operator of a hazardous waste treatment, storage, or disposal facility stores
such wastes in tanks, containers, or containment buildings solely for the purpose of the
accumulation of such quantities of hazardous waste as necessary to facilitate proper
recovery, treatment, or disposal and:
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(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 that
facility. Regardless of whether the tank itself is marked, an owner/operator must comply
with the operating record requirements specified in §264.73 or §265.73.
(3) A transporter stores manifested shipments of such wastes at a transfer facility for 10
days or less.
(b) An owner/operator of a treatment, storage or disposal facility may store such wastes
for up to one year unless the Agency can demonstrate that such storage was not solely for
the purpose of accumulation of such quantities of hazardous waste as are necessary to
facilitate proper recovery, treatment, or disposal.
(c) An owner/operator of a treatment, storage or disposal facility may store such wastes
beyond one year; however, the owner/operator bears the burden of proving that such
storage was solely for the purpose of accumulation of such quantities of hazardous waste
as are necessary to facilitate proper recovery, treatment, or disposal.
(d) If a generator's waste is exempt from a prohibition on the type of land disposal
utilized for the waste (for example, because of an approved case-by-case extension under
§268.5, an approved §268.6 petition, or a national capacity variance under subpart C), the
prohibition in paragraph (a) of this section does not apply during the period of such
exemption.
(e) The prohibition in paragraph (a) of this section does not apply to hazardous wastes
that meet the treatment standards specified under §§268.41, 268.42, and 268.43 or the
treatment standards specified under the variance in §268.44, or, where treatment
standards have not been specified, is in compliance with the applicable prohibitions
specified in §268.32 or RCRA section 3004.
(f) Liquid hazardous wastes containing polychlorinated biphenyls (PCBs) at
concentrations greater than or equal to 50 ppm must be stored at a facility that meets the
requirements of 40 CFR 76L65(b) and must be removed from storage and treated or
disposed as required by this part within one year of the date when such wastes are first
placed into storage. The provisions of paragraph (c) of this section do not apply to such
PCB wastes prohibited under §268.32 of this part.
(g) The prohibition and requirements in this section do not apply to hazardous
remediation wastes stored in a staging pile approved pursuant to §264.554 of this chapter.
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[51 FR 40642, Nov. 7, 1986; 52 FR 21017, June 4, 1987, as amended at 52 FR 25791,
July 8, 1987; 54 FR 36972, Sept. 6, 1989; 57 FR 37281, Aug. 18, 1992; 63 FR 65940,
Nov. 30, 1998; 71 FR 40279, July 14, 2006]
Appendixes I-II to Part 268 [Reserved]
Appendix III to Part 268- List of Halogenated Organize Compounds Regulated
under §268.32
Appendix IV to Part 268—Wastes Excluded From Lab Packs Under the Alternative
Treatment Standards of §268.42(c)
Appendix V to Part 268 [Reserved]
Appendix VI to Part 268—Recommended Technologies To Achieve Deactivation of
Characteristics in Section 268.42
Appendix VIII to Part 268—LDR Effective Dates of Injected Prohibited Hazardous
Wastes
Appendix IX to Part 268—Extraction Procedure (EP) Toxicity Test Method and
Structural Integrity Test (Method 1310B)
Appendix X to Part 268 [Reserved]
Appendix XI to Part 268—Metal Bearing Wastes Prohibited From Dilution in a
Combustion Unit According to 40 CFR 268.3(c)
Related Resources:
• Land Disposal Restrictions: Summary of Requirements
• Land Disposal Restrictions
• Land Disposal Restrictions for F001-F005 Solvent Wastes
• Land Disposal Restriction Requirements For Characteristic Wastes
• LDR Notification for Listed and Characteristic Wastes
• Questions Regarding the Land Disposal Restrictions (LDR) Notification
Regulations at 40 CFR 268.7
• Recordkeeping Requirements for Small Quantity Generators Subject to Land
Disposal Restrictions
• Land Disposal Restrictions Notification Requirements for Contaminated Soil
• One-Time Notification Requirement Under §268.7(a)(6)
• Land Disposal Restrictions- Land Disposal Definition, Lab Packs, Conditionally
Exempt SQG Waste, Empty Containers
Pre-transport Requirements
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Subpart C—Pre-Transport Requirements
§ 262.30: Packaging.
Before transporting hazardous waste or offering hazardous waste for transportation off-
site, a generator must package the waste in accordance with the applicable Department of
Transportation regulations on packaging under 49 CFR parts 173, 178, and 179.
§ 262.31: Labeling.
Before transporting or offering hazardous waste for transportation off- site, a generator
must label each package in accordance with the applicable Department of Transportation
regulations on hazardous materials under 49 CFR part 172.
§ 262.32: Marking.
(a) Before transporting or offering hazardous waste for transportation off- site, a
generator must mark each package of hazardous waste in accordance with the applicable
Department of Transportation regulations on hazardous materials under 49 CFR part 172;
(b) Before transporting hazardous waste or offering hazardous waste for transportation
off-site, a generator must mark each container of 119 gallons or less used in such
transportation with the following words and information in accordance with the
requirements of 49 CFR 172.304:
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 . Generator's EPA Identification
Number 11111. Manifest Tracking Number .
§ 262.33: Placarding.
Before transporting hazardous waste or offering hazardous waste for transportation off-
site, a generator must placard or offer the initial transporter the appropriate placards
according to Department of Transportation regulations for hazardous materials under 49
CFR part 172, subpart F.
Related Resources:
• Hazardous Waste Transport Between Contiguous Properties
• Manifest Exemption for Shipments Between Sites on Certain Contiguous
Properties
• Labeling of Steel Drums Need Not Include Previous Contents
• Hazardous Waste Container Labeling Requirements
Manifest
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Subpart B—The Manifest
§ 262.20: General requirements.
(a)(l) A generator who transports, or offers for transport a hazardous waste for off site
treatment, storage, or disposal, or a treatment, storage, and disposal facility who offers for
transport a rejected hazardous waste load, must prepare a Manifest (OMB Control
number 2050-0039) on EPA Form 8700-22, and, if necessary, EPA Form 8700-22A,
according to the instructions included in the appendix to this part.
(2) The revised manifest form and procedures in 40 CFR 260.10. 261.7. 262.20. 262.21.
262.27. 262.32. 262.34. 262.54. 262.60. and the appendix to part 262. shall not apply
until September 5, 2006. The manifest form and procedures in 40 CFR 260.10, 261.7,
262.20. 262.21. 262.32. 262.34. 262.54. 262.60. and the Appendix to part 262. contained
in the 40 CFR, parts 260 to 265, edition revised as of July 1, 2004, shall be applicable
until September 5, 2006.
(b) A generator must designate on the manifest one facility which is permitted to handle
the waste described on the manifest.
(c) A generator may also designate on the manifest one alternate facility which is
permitted to handle his waste in the event an emergency prevents delivery of the waste to
the primary designated facility.
(d) If the transporter is unable to deliver the hazardous waste to the designated facility or
the alternate facility, the generator must either designate another facility or instruct the
transporter to return the waste.
(e) The requirements of this subpart do not apply to hazardous waste produced by
generators of greater than 100 kg but less than 1000 kg in a calendar month where:
(1) The waste is reclaimed under a contractual agreement pursuant to which:
(i) The type of waste and frequency of shipments are specified in the agreement;
(ii) The vehicle used to transport the waste to the recycling facility and to deliver
regenerated material back to the generator is owned and operated by the reclaimer of the
waste; and
(2) The generator maintains a copy of the reclamation agreement in his files for a period
of at least three years after termination or expiration of the agreement.
(f) The requirements of this subpart and §262.32(b) do not apply to the transport of
hazardous wastes on a public or private right-of-way within or along the border of
contiguous property under the control of the same person, even if such contiguous
property is divided by a public or private right-of-way. Notwithstanding 40 CFR
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263.10(a), the generator or transporter must comply with the requirements for
transporters set forth in 40 CFR 263.30 and 263.31 in the event of a discharge of
hazardous waste on a public or private right-of-way.
* Note to Reader: The regulations found at 262.21 relate to generators, and other entities not even in the
business of hazardous waste management, who intend to actually print the new manifest form. Generators
who do not actually print the manifest form should obtain this form from an approved source registered
with EPA. Please visit http://www.epa.gov/epawaste/hazard/transportation/manifest/registrv/index.htm
and mouse-click on the link titled "Approved Registered Printers."
§ 262.21: Manifest tracking numbers, manifest printing, and obtaining manifests.
(a)(l) A registrant may not print, or have printed, the manifest for use or distribution
unless it has received approval from the EPA Director of the Office of Solid Waste to do
so under paragraphs (c) and (e) of this section.
(2) The approved registrant is responsible for ensuring that the organizations identified in
its application are in compliance with the procedures of its approved application and the
requirements of this section. The registrant is responsible for assigning manifest tracking
numbers to its manifests.
(b) A registrant must submit an initial application to the EPA Director of the Office of
Solid Waste that contains the following information:
(1) Name and mailing address of registrant;
(2) Name, telephone number and email address of contact person;
(3) Brief description of registrant's government or business activity;
(4) EPA identification number of the registrant, if applicable;
(5) Description of the scope of the operations that the registrant plans to undertake in
printing, distributing, and using its manifests, including:
(i) A description of the printing operation. The description should include an explanation
of whether the registrant intends to print its manifests in-house (i.e., using its own
printing establishments) or through a separate (i.e., unaffiliated) printing company. If the
registrant intends to use a separate printing company to print the manifest on its behalf,
the application must identify this printing company and discuss how the registrant will
oversee the company. If this includes the use of intermediaries (e.g., prime and
subcontractor relationships), the role of each must be discussed. The application must
provide the name and mailing address of each company. It also must provide the name
and telephone number of the contact person at each company.
(ii) A description of how the registrant will ensure that its organization and unaffiliated
companies, if any, comply with the requirements of this section. The application must
discuss how the registrant will ensure that a unique manifest tracking number will be pre-
printed on each manifest. The application must describe the internal control procedures to
be followed by the registrant and unaffiliated companies to ensure that numbers are
tightly controlled and remain unique. In particular, the application must describe how the
registrant will assign manifest tracking numbers to its manifests. If computer systems or
other infrastructure will be used to maintain, track, or assign numbers, these should be
indicated. The application must also indicate how the printer will pre-print a unique
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number on each form (e.g., crash or press numbering). The application also must explain
the other quality procedures to be followed by each establishment and printing company
to ensure that all required print specifications are consistently achieved and that printing
violations are identified and corrected at the earliest practicable time.
(iii) An indication of whether the registrant intends to use the manifests for its own
business operations or to distribute the manifests to a separate company or to the general
public (e.g., for purchase).
(6) A brief description of the qualifications of the company that will print the manifest.
The registrant may use readily available information to do so (e.g., corporate brochures,
product samples, customer references, documentation of ISO certification), so long as
such information pertains to the establishments or company being proposed to print the
manifest.
(7) Proposed unique three-letter manifest tracking number suffix. If the registrant is
approved to print the manifest, the registrant must use this suffix to pre-print a unique
manifest tracking number on each manifest.
(8) A signed certification by a duly authorized employee of the registrant that the
organizations and companies in its application will comply with the procedures of its
approved application and the requirements of this Section and that it will notify the EPA
Director of the Office of Solid Waste of any duplicated manifest tracking numbers on
manifests that have been used or distributed to other parties as soon as this becomes
known.
(c) EPA will review the application submitted under paragraph (b) of this section and
either approve it or request additional information or modification before approving it.
(d)(l) Upon EPA approval of the application under paragraph (c) of this section, EPA
will provide the registrant an electronic file of the manifest, continuation sheet, and
manifest instructions and ask the registrant to submit three fully assembled manifests and
continuation sheet samples, except as noted in paragraph (d)(3) of this section. The
registrant's samples must meet all of the specifications in paragraph (f) of this section and
be printed by the company that will print the manifest as identified in the application
approved under paragraph (c) of this section.
(2) The registrant must submit a description of the manifest samples as follows:
(i) Paper type (i.e., manufacturer and grade of the manifest paper);
(ii) Paper weight of each copy;
(iii) Ink color of the manifest's instructions. If screening of the ink was used, the
registrant must indicate the extent of the screening; and
(iv) Method of binding the copies.
(3) The registrant need not submit samples of the continuation sheet if it will print its
continuation sheet using the same paper type, paper weight of each copy, ink color of the
instructions, and binding method as its manifest form samples.
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(e) EPA will evaluate the forms and either approve the registrant to print them as
proposed or request additional information or modification to them before approval. EPA
will notify the registrant of its decision by mail. The registrant cannot use or distribute its
forms until EPA approves them. An approved registrant must print the manifest and
continuation sheet according to its application approved under paragraph (c) of this
section and the manifest specifications in paragraph (f) of this section. It also must print
the forms according to the paper type, paper weight, ink color of the manifest instructions
and binding method of its approved forms.
(f) Paper manifests and continuation sheets must be printed according to the following
specifications:
(1) The manifest and continuation sheet must be printed with the exact format and
appearance as EPA Forms 8700-22 and 8700-22A, respectively. However, information
required to complete the manifest may be pre-printed on the manifest form.
(2) A unique manifest tracking number assigned in accordance with a numbering system
approved by EPA must be pre-printed in Item 4 of the manifest. The tracking number
must consist of a unique three-letter suffix following nine digits.
(3) The manifest and continuation sheet must be printed on 8 /^ x 11-inch white paper,
excluding common stubs (e.g., top- or side-bound stubs). The paper must be durable
enough to withstand normal use.
(4) The manifest and continuation sheet must be printed in black ink that can be legibly
photocopied, scanned, and faxed, except that the marginal words indicating copy
distribution must be in red ink.
(5) The manifest and continuation sheet must be printed as six-copy forms. Copy-to-
copy registration must be exact within 1.32nd of an inch. Handwritten and typed
impressions on the form must be legible on all six copies. Copies must be bound together
by one or more common stubs that reasonably ensure that they will not become detached
inadvertently during normal use.
(6) Each copy of the manifest and continuation sheet must indicate how the copy must be
distributed, as follows:
(i) Page 1 (top copy): "Designated facility to destination State (if required)".
(ii) Page 2: "Designated facility to generator State (if required)".
(iii) Page 3: "Designated facility to generator".
(iv) Page 4: "Designated facility's copy".
(v) Page 5: "Transporter's copy".
(vi) Page 6 (bottom copy): "Generator's initial copy".
(7) The instructions in the appendix to 40 CFR part 262 must appear legibly on the back
of the copies of the manifest and continuation sheet as provided in this paragraph (f). The
instructions must not be visible through the front of the copies when photocopied or
faxed.
(i) Manifest Form 8700-22.
(A) The "Instructions for Generators" on Copy 6;
(B) The "Instructions for International Shipment Block" and "Instructions for
Transporters" on Copy 5; and (C) The "Instructions for Treatment, Storage, and
Disposal Facilities" on Copy 4.
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(ii) Manifest Form 8700-22A.
(A) The "Instructions for Generators" on Copy 6;
(B) The "Instructions for Transporters" on Copy 5; and
(C) The "Instructions for Treatment, Storage, and Disposal Facilities" on Copy 4.
(g)(l) A generator may use manifests printed by any source so long as the source of the
printed form has received approval from EPA to print the manifest under paragraphs (c)
and (e) of this section. A registered source may be a:
(i) State agency;
(ii) Commercial printer;
(iii) Hazardous waste generator, transporter or TSDF; or
(iv) Hazardous waste broker or other preparer who prepares or arranges shipments of
hazardous waste for transportation.
(2) A generator must determine whether the generator state or the consignment state for a
shipment regulates any additional wastes (beyond those regulated Federally) as hazardous
wastes under these states' authorized programs. Generators also must determine whether
the consignment state or generator state requires the generator to submit any copies of the
manifest to these states. In cases where the generator must supply copies to either the
generator's state or the consignment state, the generator is responsible for supplying
legible photocopies of the manifest to these states.
(h)(l) If an approved registrant would like to update any of the information provided in
its application approved under paragraph (c) of this section (e.g., to update a company
phone number or name of contact person), the registrant must revise the application and
submit it to the EPA Director of the Office of Solid Waste, along with an indication or
explanation of the update, as soon as practicable after the change occurs. The Agency
either will approve or deny the revision. If the Agency denies the revision, it will explain
the reasons for the denial, and it will contact the registrant and request further
modification before approval.
(2) If the registrant would like a new tracking number suffix, the registrant must submit a
proposed suffix to the EPA Director of the Office of Solid Waste, along with the reason
for requesting it. The Agency will either approve the suffix or deny the suffix and provide
an explanation why it is not acceptable.
(3) If a registrant would like to change the paper type, paper weight, ink color of the
manifest instructions, or binding method of its manifest or continuation sheet subsequent
to approval under paragraph (e) of this section, then the registrant must submit three
samples of the revised form for EPA review and approval. If the approved registrant
would like to use a new printer, the registrant must submit three manifest samples printed
by the new printer, along with a brief description of the printer's qualifications to print
the manifest. EPA will evaluate the manifests and either approve the registrant to print
the forms as proposed or request additional information or modification to them before
approval. EPA will notify the registrant of its decision by mail. The registrant cannot use
or distribute its revised forms until EPA approves them.
(i) If, subsequent to its approval under paragraph (e) of this section, a registrant typesets
its manifest or continuation sheet instead of using the electronic file of the forms
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provided by EPA, it must submit three samples of the manifest or continuation sheet to
the registry for approval. EPA will evaluate the manifests or continuation sheets and
either approve the registrant to print them as proposed or request additional information
or modification to them before approval. EPA will notify the registrant of its decision by
mail. The registrant cannot use or distribute its typeset forms until EPA approves them.
(j) EPA may exempt a registrant from the requirement to submit form samples under
paragraph (d) or (h)(3) of this section if the Agency is persuaded that a separate review of
the registrant's forms would serve little purpose in informing an approval decision (e.g., a
registrant certifies that it will print the manifest using the same paper type, paper weight,
ink color of the instructions and binding method of the form samples approved for some
other registrant). A registrant may request an exemption from EPA by indicating why an
exemption is warranted.
(k) An approved registrant must notify EPA by phone or email as soon as it becomes
aware that it has duplicated tracking numbers on any manifests that have been used or
distributed to other parties.
(1) If, subsequent to approval of a registrant under paragraph (e) of this section, EPA
becomes aware that the approved paper type, paper weight, ink color of the instructions,
or binding method of the registrant's form is unsatisfactory, EPA will contact the
registrant and require modifications to the form.
(m)(l) EPA may suspend and, if necessary, revoke printing privileges if we find that the
registrant: (i) Has used or distributed forms that deviate from its approved form samples
in regard to paper weight, paper type, ink color of the instructions, or binding method; or
(ii) Exhibits a continuing pattern of behavior in using or distributing manifests that
contain duplicate manifest tracking numbers.
(2) EPA will send a warning letter to the registrant that specifies the date by which it
must come into compliance with the requirements. If the registrant does not come in
compliance by the specified date, EPA will send a second letter notifying the registrant
that EPA has suspended or revoked its printing privileges. An approved registrant must
provide information on its printing activities to EPA if requested.
§ 262.22: Number of copies.
The manifest consists of at least the number of copies which will provide the generator,
each transporter, and the owner or operator of the designated facility with one copy each
for their records and another copy to be returned to the generator.
§ 262.23: Use of the manifest.
(a) The generator must: (1) Sign the manifest certification by hand; and (2) Obtain the
handwritten signature of the initial transporter and date of acceptance on the manifest;
and (3) Retain one copy, in accordance with § 262.40(a).
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(b) The generator must give the transporter the remaining copies of the manifest.
(c) For shipments of hazardous waste within the United States solely by water (bulk
shipments only), the generator must send three copies of the manifest dated and signed in
accordance with this section to the owner or operator of the designated facility or the last
water (bulk shipment) transporter to handle the waste in the United States if exported by
water. Copies of the manifest are not required for each transporter.
(d) For rail shipments of hazardous waste within the United States which originate at the
site of generation, the generator must send at least three copies of the manifest dated and
signed in accordance with this section to: (1) The next non-rail transporter, if any; or (2)
The designated facility if transported solely by rail; or (3) The last rail transporter to
handle the waste in the United States if exported by rail.
(e) For shipments of hazardous waste to a designated facility in an authorized State which
has not yet obtained authorization to regulate that particular waste as hazardous, the
generator must assure that the designated facility agrees to sign and return the manifest to
the generator, and that any out-of-state transporter signs and forwards the manifest to the
designated facility.
NOTE: See § 263.20(e) and (f) for special provisions for rail or water (bulk shipment)
transporters. [45 FR 33142, May 19, 1980, as amended at 45 FR 86973, Dec. 31, 1980;
55 FR 2354, Jan. 23, 1990]
§ 262.27: Waste minimization certification.
A generator who initiates a shipment of hazardous waste must certify to one of the
following statements in Item 15 of the uniform hazardous waste manifest: (a) "I am a
large quantity generator. I have a program in place to reduce the volume and toxicity of
waste generated to the degree I have determined to be economically practicable and I
have selected the practicable method of treatment, storage, or disposal currently available
to me which minimizes the present and future threat to human health and the
environment;" or (b) "I am a small quantity generator. I have made a good faith effort to
minimize my waste generation and select the best waste management method that is
available to me and that I can afford." [70 FR 10817, Mar. 4, 2005] EFFECTIVE DATE
NOTE: At 70 FR 10817, Mar. 4, 2005, subpart B was amended by adding new § 262.27.
effective Sept. 6, 2005.
Related Resources:
• Instructions for Completing the Hazardous Waste Manifest
• Environmental Fact Sheet: Hazardous Waste Manifest System Streamlined
• Instructions for Preparing Application Materials for Submittal to EPA's Manifest
Registry
• Federal Policy on Several Issues Related to the Use of the Hazardous Waste
Manifest by Hazardous Waste Transporters
• Off-Site Shipments of Hazardous Waste to Designated Facilities
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Use of the Hazardous Waste Manifest for Import Shipments of Maquiladora
Hazardous Wastes
Uniform Manifest Form, Use of Continuation Sheet
Manifesting Requirements
Date of Shipment Determines Time Period for Exemption Reporting
The Hazardous Waste Manifest System
Appendix to Part 262—Uniform Hazardous Waste Manifest and Instructions)
U.S. EPA Form 8700-22
Read all instructions before completing this form.
1. This form has been designed for use on a 12-pitch (elite) typewriter which is also
compatible with standard computer printers; a firm point pen may also be used—press
down hard.
2. Federal regulations require generators and transporters of hazardous waste and owners
or operators of hazardous waste treatment, storage, and disposal facilities to complete this
form (FORM 8700-22) and, if necessary, the continuation sheet (FORM 8700-22A) for
both inter- and intrastate transportation of hazardous waste.
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Manifest 8700-22
The following statement must be included with each Uniform Hazardous Waste Manifest,
either on the form, in the instructions to the form, or accompanying the form:
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Public reporting burden for this collection of information is estimated to average: 30
minutes for generators, 10 minutes for transporters, and 25 minutes for owners or
operators of treatment, storage, and disposal facilities. This includes time for reviewing
instructions, gathering data, completing, reviewing and transmitting the form. Any
correspondence regarding the PRA burden statement for the manifest must be sent to the
Director of the Collection Strategies Division in EPA's Office of Information Collection
at the following address: U.S. Environmental Protection Agency (2822T), 1200
Pennsylvania Ave., NW., Washington, DC 20460. Do not send the completed form to
this address.
I. Instructions for Generators
Manifest 8700-22
The following statement must be included with each Uniform Hazardous Waste Manifest,
either on the form, in the instructions to the form, or accompanying the form:
Public reporting burden for this collection of information is estimated to average: 30
minutes for generators, 10 minutes for transporters, and 25 minutes for owners or
operators of treatment, storage, and disposal facilities. This includes time for reviewing
instructions, gathering data, completing, reviewing and transmitting the form. Send
comments regarding the burden estimate, including suggestions for reducing this burden,
to: Chief, Information Policy Branch (2136), U.S. Environmental Protection Agency,
Ariel Rios Building; 1200 Pennsylvania Ave., NW., Washington, DC 20460; and to the
Office of Information and Regulatory Affairs, Office of Management and Budget,
Washington, DC 20503.
I. Instructions for Generators
Item 1. Generator's U.S. EPA Identification Number
Enter the generator's U.S. EPA twelve digit identification number, or the State generator
identification number if the generator site does not have an EPA identification number.
Item 2. Page 1 of
Enter the total number of pages used to complete this Manifest (i.e. , the first page (EPA
Form 8700-22) plus the number of Continuation Sheets (EPA Form 8700-22A), if any).
Item 3. Emergency Response Phone Number
Enter a phone number for which emergency response information can be obtained in the
event of an incident during transportation. The emergency response phone number must:
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1. Be the number of the generator or the number of an agency or organization who is
capable of and accepts responsibility for providing detailed information about the
shipment;
2. Reach a phone that is monitored 24 hours a day at all times the waste is in
transportation (including transportation related storage); and
3. Reach someone who is either knowledgeable of the hazardous waste being shipped and
has comprehensive emergency response and spill cleanup/incident mitigation information
for the material being shipped or has immediate access to a person who has that
knowledge and information about the shipment.
Note: Emergency Response phone number information should only be entered in Item 3
when there is one phone number that applies to all the waste materials described in Item
9b. If a situation ( e.g. , consolidated shipments) arises where more than one Emergency
Response phone number applies to the various wastes listed on the manifest, the phone
numbers associated with each specific material should be entered after its description in
Item 9b.
Item 4. Manifest Tracking Number
This unique tracking number must be pre-printed on the manifest by the forms printer.
Item 5. Generator's Mailing Address, Phone Number and Site Address
Enter the name of the generator, the mailing address to which the completed manifest
signed by the designated facility should be mailed, and the generator's telephone number.
Note, the telephone number (including area code) should be the normal business number
for the generator, or the number where the generator or his authorized agent may be
reached to provide instructions in the event the designated and/or alternate (if any)
facility rejects some or all of the shipment. Also enter the physical site address from
which the shipment originates only if this address is different than the mailing address.
Item 6. Transporter 1 Company Name, and U.S. EPA ID Number
Enter the company name and U.S. EPA ID number of the first transporter who will
transport the waste. Vehicle or driver information may not be entered here.
Item 7. Transporter 2 Company Name and U.S. EPA ID Number
If applicable, enter the company name and U.S. EPA ID number of the second transporter
who will transport the waste. Vehicle or driver information may not be entered here.
If more than two transporters are needed, use a Continuation Sheet(s) (EPA Form 8700-
22A).
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Item 8. Designated Facility Name, Site Address, and U.S. EPA ID Number
Enter the company name and site address of the facility designated to receive the waste
listed on this manifest. Also enter the facility's phone number and the U.S. EPA twelve
digit identification number of the facility.
Item 9. U.S. DOT Description (Including Proper Shipping Name, Hazard Class or
Division, Identification Number, and Packing Group)
Item 9a. If the wastes identified in Item 9b consist of both hazardous and nonhazardous
materials, then identify the hazardous materials by entering an "X" in this Item next to
the corresponding hazardous material identified in Item 9b.
If applicable, enter the name of the person accepting the waste on behalf of the second
transporter. That person must acknowledge acceptance of the waste described on the
manifest by signing and entering the date of receipt.
Item 9b. Enter the U.S. DOT Proper Shipping Name, Hazard Class or Division,
Identification Number (UN/NA) and Packing Group for each waste as identified in 49
CFR 172. Include technical name(s) and reportable quantity references, if applicable.
Note: If additional space is needed for waste descriptions, enter these additional
descriptions in Item 27 on the Continuation Sheet (EPA Form 8700-22A). Also, if more
than one Emergency Response phone number applies to the various wastes described in
either Item 9b or Item 27, enter applicable Emergency Response phone numbers
immediately following the shipping descriptions for those Items.
Item 10. Containers (Number and Type)
Enter the number of containers for each waste and the appropriate abbreviation from
Table I (below) for the type of container.
Table I—Types of Containers
BA
CF
CM
CW
CY
DF
DM
DT
= Burlap, cloth, paper, or plastic bags.
= Fiber or plastic boxes, cartons, cases.
= Metal boxes, cartons, cases (including
= Wooden boxes, cartons, cases.
= Cylinders.
roll-offs).
= Fiberboard or plastic drums, barrels, kegs.
= Metal drums, barrels, kegs.
= Dump truck.
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DW = Wooden drums, barrels, kegs.
HG = Hopper or gondola cars.
TC = Tank cars.
TP = Portable tanks.
TT = Cargo tanks (tank trucks).
Item 11. Total Quantity
Enter, in designated boxes, the total quantity of waste. Round partial units to the nearest
whole unit, and do not enter decimals or fractions. To the extent practical, report
quantities using appropriate units of measure that will allow you to report quantities with
precision. Waste quantities entered should be based on actual measurements or
reasonably accurate estimates of actual quantities shipped. Container capacities are not
acceptable as estimates.
Item 12. Units of Measure (Weight/Volume)
Enter, in designated boxes, the appropriate abbreviation from Table II (below) for the
unit of measure.
Table II—Units of Measure
G = Gallons (liquids only).
K = Kilograms.
L = Liters (liquids only).
M = Metric Tons (1000 kilograms).
N = Cubic Meters.
P = Pounds.
T = Tons (2000 pounds).
Y = Cubic Yards.
Note:Tons, Metric Tons, Cubic Meters, and Cubic Yards should only be reported in
connection with very large bulk shipments, such as rail cars, tank trucks, or barges.
Item 13. Waste Codes
Enter up to six federal and state waste codes to describe each waste stream identified in
Item 9b. State waste codes that are not redundant with federal codes must be entered
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here, in addition to the federal waste codes which are most representative of the
properties of the waste.
Item 14. Special Handling Instructions and Additional Information.
1. Generators may enter any special handling or shipment-specific information necessary
for the proper management or tracking of the materials under the generator's or other
handler's business processes, such as waste profile numbers, container codes, bar codes,
or response guide numbers. Generators also may use this space to enter additional
descriptive information about their shipped materials, such as chemical names,
constituent percentages, physical state, or specific gravity of wastes identified with
volume units in Item 12.
2. This space may be used to record limited types of federally required information for
which there is no specific space provided on the manifest, including any alternate facility
designations; the manifest tracking number of the original manifest for rejected wastes
and residues that are re-shipped under a second manifest; and the specification of PCB
waste descriptions and PCB out-of-service dates required under 40 CFR 761.207.
Generators, however, cannot be required to enter information in this space to meet state
regulatory requirements.
Item 15. Generator's/Offerer's Certifications
1. The generator must read, sign, and date the waste minimization certification statement.
In signing the waste minimization certification statement, those generators who have not
been exempted by statute or regulation from the duty to make a waste minimization
certification under section 3002(b) of RCRA are also certifying that they have complied
with the waste minimization requirements. The Generator's Certification also contains the
required attestation that the shipment has been properly prepared and is in proper
condition for transportation (the shipper's certification). The content of the shipper's
certification statement is as follows: "I hereby declare that the contents of this
consignment are fully and accurately described above by the proper shipping name, and
are classified, packaged, marked, and labeled/placarded, and are in all respects in proper
condition for transport by highway according to applicable international and national
governmental regulations. If export shipment and I am the Primary Exporter, I certify that
the contents of this consignment conform to the terms of the attached EPA
Acknowledgment of Consent." When a party other than the generator prepares the
shipment for transportation, this party may also sign the shipper's certification statement
as the offerer of the shipment.
2. Generator or Offerer personnel may preprint the words, "On behalf of' in the signature
block or may hand write this statement in the signature block prior to signing the
generator/offerer certification, to indicate that the individual signs as the employee or
agent of the named principal.
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Note: All of the above information except the handwritten signature required in Item 15
may be pre-printed.
II. Instructions for International Shipment Block
Item 16. International Shipments
For export shipments, the primary exporter must check the export box, and enter the point
of exit (city and state) from the United States. For import shipments, the importer must
check the import box and enter the point of entry (city and state) into the United States.
For exports, the transporter must sign and date the manifest to indicate the day the
shipment left the United States. Transporters of hazardous waste shipments must deliver
a copy of the manifest to the U.S. Customs when exporting the waste across U.S. borders.
III. Instructions for Transporters
Item 17. Transporters' Acknowledgments of Receipt
Enter the name of the person accepting the waste on behalf of the first transporter. That
person must acknowledge acceptance of the waste described on the manifest by signing
and entering the date of receipt. Only one signature per transportation company is
required. Signatures are not required to track the movement of wastes in and out of
transfer facilities, unless there is a change of custody between transporters.
If applicable, enter the name of the person accepting the waste on behalf of the second
transporter. That person must acknowledge acceptance of the waste described on the
manifest by signing and entering the date of receipt.
Note: Transporters carrying imports, who are acting as importers, may have
responsibilities to enter information in the International Shipments Block. Transporters
carrying exports may also have responsibilities to enter information in the International
Shipments Block. See above instructions for Item 16.
IV. Instructions for Owners and Operators of Treatment, Storage, and Disposal Facilities
Item 18. Discrepancy
Item 18a. Discrepancy Indication Space
1. The authorized representative of the designated (or alternate) facility's owner or
operator must note in this space any discrepancies between the waste described on the
Manifest and the waste actually received at the facility. Manifest discrepancies are:
significant differences (as defined by §§264/72(b) and 265.72(bV) between the quantity or
type of hazardous waste designated on the manifest or shipping paper, and the quantity
and type of hazardous waste a facility actually receives, rejected wastes, which may be a
full or partial shipment of hazardous waste that the TSDF cannot accept, or container
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residues, which are residues that exceed the quantity limits for "empty" containers set
forth in 40 CFR 261.7(b).
2. For rejected loads and residues (40 CFR 264.72 (d), (e), and (f), or 40 CFR 265.72 (d),
(e), or (f)), check the appropriate box if the shipment is a rejected load (i.e. , rejected by
the designated and/or alternate facility and is sent to an alternate facility or returned to the
generator) or a regulated residue that cannot be removed from a container. Enter the
reason for the rejection or the inability to remove the residue and a description of the
waste. Also, reference the manifest tracking number for any additional manifests being
used to track the rejected waste or residue shipment on the original manifest. Indicate the
original manifest tracking number in Item 14, the Special Handling Block and Additional
Information Block of the additional manifests.
3. Owners or operators of facilities located in unauthorized States (i.e. , states in which
the U.S. EPA administers the hazardous waste management program) who cannot resolve
significant differences in quantity or type within 15 days of receiving the waste must
submit to their Regional Administrator a letter with a copy of the Manifest at issue
describing the discrepancy and attempts to reconcile it (40 CFR 264.72 (c) and 265.72
(c)).
4. Owners or operators of facilities located in authorized States (i.e. , those States that
have received authorization from the U.S. EPA to administer the hazardous waste
management program) should contact their State agency for information on where to
report discrepancies involving "significant differences" to state officials.
Item 18b. Alternate Facility (or Generator) for Receipt of Full Load Rejections
Enter the name, address, phone number, and EPA Identification Number of the Alternate
Facility which the rejecting TSDF has designated, after consulting with the generator, to
receive a fully rejected waste shipment. In the event that a fully rejected shipment is
being returned to the generator, the rejecting TSDF may enter the generator's site
information in this space. This field is not to be used to forward partially rejected loads or
residue waste shipments.
Item 18c. Alternate Facility (or Generator) Signature
The authorized representative of the alternate facility (or the generator in the event of a
returned shipment) must sign and date this field of the form to acknowledge receipt of the
fully rejected wastes or residues identified by the initial TSDF.
Item 19. Hazardous Waste Report Management Method Codes
Enter the most appropriate Hazardous Waste Report Management Method code for each
waste listed in Item 9. The Hazardous Waste Report Management Method code is to be
entered by the first treatment, storage, or disposal facility (TSDF) that receives the waste
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and is the code that best describes the way in which the waste is to be managed when
received by the TSDF.
Item 20. Designated Facility Owner or Operator Certification of Receipt (Except As
Noted in Item 18a)
Enter the name of the person receiving the waste on behalf of the owner or operator of
the facility. That person must acknowledge receipt or rejection of the waste described on
the Manifest by signing and entering the date of receipt or rejection where indicated.
Since the Facility Certification acknowledges receipt of the waste except as noted in the
Discrepancy Space in Item 18a, the certification should be signed for both waste receipt
and waste rejection, with the rejection being noted and described in the space provided in
Item 18a. Fully rejected wastes may be forwarded or returned using Item 18b after
consultation with the generator. Enter the name of the person accepting the waste on
behalf of the owner or operator of the alternate facility or the original generator. That
person must acknowledge receipt or rejection of the waste described on the Manifest by
signing and entering the date they received or rejected the waste in Item 18c. Partially
rejected wastes and residues must be re-shipped under a new manifest, to be initiated and
signed by the rejecting TSDF as offerer of the shipment.
Manifest Continuation Sheet
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Instructions—Continuation Sheet, U.S. EPA Form 8700-22A
Read all instructions before completing this form. This form has been designed for use on
a 12-pitch (elite) typewriter; a firm point pen may also be used—press down hard.
This form must be used as a continuation sheet to U.S. EPA Form 8700-22 if:
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• More than two transporters are to be used to transport the waste; or
• More space is required for the U.S. DOT descriptions and related information in Item 9
of U.S. EPA Form 8700-22.
Federal regulations require generators and transporters of hazardous waste and owners or
operators of hazardous waste treatment, storage, or disposal facilities to use the uniform
hazardous waste manifest (EPA Form 8700-22) and, if necessary, this continuation sheet
(EPA Form 8700-22A) for both interstate and intrastate transportation.
Item 21. Generator's ID Number
Enter the generator's U.S. EPA twelve digit identification number or, the State generator
identification number if the generator site does not have an EPA identification number.
Item 22. Page _—
Enter the page number of this Continuation Sheet.
Item 23. Manifest Tracking Number
Enter the Manifest Tracking number from Item 4 of the Manifest form to which this
continuation sheet is attached.
Item 24. Generator's Name—
Enter the generator's name as it appears in Item 5 on the first page of the Manifest.
Item 25. Transporter—Company Name
If additional transporters are used to transport the waste described on this Manifest, enter
the company name of each additional transporter in the order in which they will transport
the waste. Enter after the word "Transporter" the order of the transporter. For example,
Transporter 3 Company Name. Also enter the U.S. EPA twelve digit identification
number of the transporter described in Item 25.
Item 26. Transporter—Company Name
If additional transporters are used to transport the waste described on this Manifest, enter
the company name of each additional transporter in the order in which they will transport
the waste. Enter after the word "Transporter" the order of the transporter. For example,
Transporter 4 Company Name. Each Continuation Sheet can record the names of two
additional transporters. Also enter the U.S. EPA twelve digit identification number of the
transporter named in Item 26.
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Item 27. U.S. D.O.T. Description Including Proper Shipping Name, Hazardous Class,
and ID Number (UN/NA)
For each row enter a sequential number under Item 27b that corresponds to the order of
waste codes from one continuation sheet to the next, to reflect the total number of wastes
being shipped. Refer to instructions for Item 9 of the manifest for the information to be
entered.
Item 28. Containers (No. And Type)
Refer to the instructions for Item 10 of the manifest for information to be entered.
Item 29. Total Quantity
Refer to the instructions for Item 11 of the manifest form.
Item 30. Units of Measure (Weight/Volume)
Refer to the instructions for Item 12 of the manifest form.
Item 31. Waste Codes
Refer to the instructions for Item 13 of the manifest form.
Item 32. Special Handling Instructions and Additional Information
Refer to the instructions for Item 14 of the manifest form.
Transporters
Item 33. Transporter—Acknowledgment of Receipt of Materials
Enter the same number of the Transporter as identified in Item 25. Enter also the name of
the person accepting the waste on behalf of the Transporter (Company Name) identified
in Item 25. That person must acknowledge acceptance of the waste described on the
Manifest by signing and entering the date of receipt.
Item 34. Transporter—Acknowledgment of Receipt of Materials
Enter the same number of the Transporter as identified in Item 26. Enter also the name of
the person accepting the waste on behalf of the Transporter (Company Name) identified
in Item 26. That person must acknowledge acceptance of the waste described on the
Manifest by signing and entering the date of receipt.
Owner and Operators of Treatment, Storage, or Disposal Facilities
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Item 35. Discrepancy Indication Space
Refer to Item 18. This space may be used to more fully describe information on
discrepancies identified in Item 18a of the manifest form.
Item 36. Hazardous Waste Report Management Method Codes
For each field here, enter the sequential number that corresponds to the waste materials
described under Item 27, and enter the appropriate process code that describes how the
materials will be processed when received. If additional continuation sheets are attached,
continue numbering the waste materials and process code fields sequentially, and enter
on each sheet the process codes corresponding to the waste materials identified on that
sheet.
[45 FR 33142, May 19, 1980, as amended at 70 FR 10818, Mar. 4, 2005]
Exports
Subpart E - Exports of Hazardous Waste
Source: 51 FR 28682, Aug. 8, 1986, unless otherwise noted.
§262.50: Applicability.
This subpart establishes requirements applicable to exports of hazardous waste. Except
to the extent Sec. 262.58 provides otherwise, a primary exporter of hazardous waste must
comply with the special requirements of this subpart and a transporter transporting
hazardous waste for export must comply with applicable requirements of part 263.
Section 262.58 sets forth the requirements of international agreements between the
United States and receiving countries which establish different notice, export, and
enforcement procedures for the transportation, treatment, storage and disposal of
hazardous waste for shipments between the United States and those countries.
§262.51: Definitions.
In addition to the definitions set forth at 40 CFR 260.10, the following definitions
apply to this subpart:
Consignee means the ultimate treatment, storage or disposal facility in a receiving
country to which the hazardous waste will be sent.
EPA Acknowledgement of Consent means the cable sent to EPA from the U.S.
Embassy in a receiving country that acknowledges the written consent of the receiving
country to accept the hazardous waste and describes the terms and conditions of the
receiving country's consent to the shipment.
Primary Exporter means any person who is required to originate the manifest for a
shipment of hazardous waste in accordance with 40 CFR part 262, subpart B, or
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equivalent State provision, which specifies a treatment, storage, or disposal facility in a
receiving country as the facility to which the hazardous waste will be sent and any
intermediary arranging for the export.
Receiving country means a foreign country to which a hazardous waste is sent for the
purpose of treatment, storage or disposal (except short-term storage incidental to
transportation).
Transit country means any foreign country, other than a receiving country, through
which a hazardous waste is transported.
[53 FR 27164, July 19, 1988]
§262.52: General requirements.
Exports of hazardous waste are prohibited except in compliance with the applicable
requirements of this subpart and part 263. Exports of hazardous waste are prohibited
unless:
(a) Notification in accordance with Sec. 262.53 has been provided;
(b) The receiving country has consented to accept the hazardous waste;
(c) A copy of the EPA Acknowledgment of Consent to the shipment accompanies the
hazardous waste shipment and, unless exported by rail, is attached to the manifest (or
shipping paper for exports by water (bulk shipment)).
(d) The hazardous waste shipment conforms to the terms of the receiving country's
written consent as reflected in the EPA Acknowledgment of Consent.
§262.53: Notification of intent to export.
(a) A primary exporter of hazardous waste must notify EPA of an intended export
before such waste is scheduled to leave the United States. A complete notification should
be submitted sixty (60) days before the initial shipment is intended to be shipped off site.
This notification may cover export activities extending over a twelve (12) month or lesser
period. The notification must be in writing, signed by the primary exporter, and include
the following information:
(1) Name, mailing address, telephone number and EPA ID number of the primary
exporter;
(2) By consignee, for each hazardous waste type:
(i) A description of the hazardous waste and the EPA hazardous waste number (from
40 CFR part 261, subparts C and D), U.S. DOT proper shipping name, hazard class and
ID number (UN/NA) for each hazardous waste as identified in 49 CFR parts 171 through
177;
(ii) The estimated frequency or rate at which such waste is to be exported and the
period of time over which such waste is to be exported.
(iii) The estimated total quantity of the hazardous waste in units as specified in the
instructions to the Uniform Hazardous Waste Manifest Form (8700-22);
(iv) All points of entry to and departure from each foreign country through which the
hazardous waste will pass;
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(v) A description of the means by which each shipment of the hazardous waste will be
transported (e.g., mode of transportation vehicle (air, highway, rail, water, etc.), type(s)
of container (drums, boxes, tanks, etc.));
(vi) A description of the manner in which the hazardous waste will be treated, stored or
disposed of in the receiving country (e.g., land or ocean incineration, other land disposal,
ocean dumping, recycling);
(vii) The name and site address of the consignee and any alternate consignee; and
(viii) The name of any transit countries through which the hazardous waste will be sent
and a description of the approximate length of time the hazardous waste will remain in
such country and the nature of its handling while there;
(b) Notifications submitted by mail should be sent to the following mailing address:
Office of Enforcement and Compliance Assurance, Office of Federal Activities,
International Compliance Assurance Division (2254A), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Hand-delivered
notifications should be sent to: Office of Enforcement and Compliance Assurance, Office
of Federal Activities, International Compliance Assurance Division, Environmental
Protection Agency, Ariel Rios Bldg., Room 6144, 12th St. and Pennsylvania Ave., NW.,
Washington, DC 20004. In both cases, the following shall be prominently displayed on
the front of the envelope: "Attention: Notification of Intent to Export.".
(c) Except for changes to the telephone number in paragraph (a)(l) of this section,
changes to paragraph (a)(2)(v) of this section and decreases in the quantity indicated
pursuant to paragraph (a)(2)(iii) of this section when the conditions specified on the
original notification change (including any exceedance of the estimate of the quantity of
hazardous waste specified in the original notification), the primary exporter must provide
EPA with a written renotification of the change. The shipment cannot take place until
consent of the receiving country to the changes (except for changes to paragraph
(a)(2)(viii) of this section and in the ports of entry to and departure from transit countries
pursuant to paragraph (a)(2)(iv) of this section) has been obtained and the primary
exporter receives an EPA Acknowledgment of Consent reflecting the receiving country's
consent to the changes.
(d) Upon request by EPA, a primary exporter shall furnish to EPA any additional
information which a receiving country requests in order to respond to a notification.
(e) In conjunction with the Department of State, EPA will provide a complete
notification to the receiving country and any transit countries. A notification is complete
when EPA receives a notification which EPA determines satisfies the requirements of
paragraph (a) of this section. Where a claim of confidentiality is asserted with respect to
any notification information required by paragraph (a) of this section, EPA may find the
notification not complete until any such claim is resolved in accordance with 40 CFR
260.2.
(f) Where the receiving country consents to the receipt of the hazardous waste, EPA
will forward an EPA Acknowledgment of Consent to the primary exporter for purposes
of Sec. 262.54(h). Where the receiving country objects to receipt of the hazardous waste
or withdraws a prior consent, EPA will notify the primary exporter in writing. EPA will
also notify the primary exporter of any responses from transit countries.
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[51FR 28682, Aug. 8, 1986, as amended at 56 FR 43705, Sept. 4, 1991; 61 FR 16309,
Apr. 12, 1996; 71 FR 40271, July 14, 2006]
§262.54: Special manifest requirements.
A primary exporter must comply with the manifest requirements of 40 CFR 262.20
through 262.23 except that:
(a) In lieu of the name, site address and EPA ID number of the designated permitted
facility, the primary exporter must enter the name and site address of the consignee;
(b) In lieu of the name, site address and EPA ID number of a permitted alternate
facility, the primary exporter may enter the name and site address of any alternate
consignee.
(c) In the International Shipments block, the primary exporter must check the export
box and enter the point of exit (city and State) from the United States.
(d) The following statement must be added to the end of the first sentence of the
certification set forth in Item 16 of the Uniform Hazardous Waste Manifest Form: "and
conforms to the terms of the attached EPA Acknowledgment of Consent";
(e) The primary exporter may obtain the manifest from any source that is registered
with the U.S. EPA as a supplier of manifests (e.g., states, waste handlers, and/or
commercial forms printers).
(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 (as
defined in 40 CFR 264.72(aT) between the manifest and the shipment. A copy of the
manifest signed by such facility may be used to confirm delivery of the hazardous waste.
(g) In lieu of the requirements of Sec. 262.20(d), where a shipment cannot be delivered
for any reason to the designated or alternate consignee, the primary exporter must:
(1) Renotify EPA of a change in the conditions of the original notification to allow
shipment to a new consignee in accordance with Sec. 262.53(c) and obtain an EPA
Acknowledgment of Consent prior to delivery; or
(2) Instruct the transporter to return the waste to the primary exporter in the United
States or designate another facility within the United States; and
(3) Instruct the transporter to 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 shipment to the manifest which must accompany the hazardous waste shipment.
For exports by rail or water (bulk shipment), the primary exporter must provide the
transporter with an EPA Acknowledgment of Consent which must accompany the
hazardous waste but which need not be attached to the manifest except that for exports by
water (bulk shipment) the primary exporter must attach the copy of the EPA
Acknowledgment of Consent to the shipping paper.
(i) The primary exporter shall 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 in accordance with Sec. 263.20(g)(4).
§262.55: Exception reports.
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In lieu of the requirements of Sec. 262.42, 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 United States within forty-five (45) days from the date it
was accepted by the initial transporter;
(b) Within ninety (90) days from the date the waste was accepted by the initial
transporter, the primary exporter has not received written confirmation from the
consignee that the hazardous waste was received;
(c) The waste is returned to the United States.
§262.56: Annual reports.
(a) Primary exporters of hazardous waste shall file with the Administrator no later than
March 1 of each year, a report summarizing the types, quantities, frequency, and ultimate
destination of all hazardous waste exported during the previous calendar year. Such
reports shall include the following:
(1) The EPA identification number, name, and mailing 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 (from 40 CFR part 261, subpart C or D), DOT
hazard class, the name and US EPA ID number (where applicable) for each transporter
used, the total amount of waste shipped and number of shipments pursuant to each
notification;
(5) Except for hazardous waste produced by exporters of greater than 100 kg but less
than 1000 kg in a calendar month, unless provided pursuant to Sec. 262.41, in even
numbered years:
(i) A description of the efforts undertaken during the year to reduce the volume and
toxicity of waste generated; and
(ii) A description of the changes in volume and toxicity of waste actually achieved
during the year in comparison to previous years to the extent such information is
available for years prior to 1984.
(6) A certification signed by the primary exporter which states: I certify under
penalty of law that I have personally examined and am familiar with the information
submitted in this and all attached documents, and that based on my inquiry of those
individuals immediately responsible for obtaining the information, I believe that the
submitted information is true, accurate, and complete. I am aware that there are
significant penalties for submitting false information including the possibility of fine and
imprisonment.
(b) Annual reports submitted by mail should be sent to the following mailing address:
Office of Enforcement and Compliance Assurance, Office of Federal Activities,
International Compliance Assurance Division (2254A), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Hand-delivered reports
should be sent to: Office of Enforcement and Compliance Assurance, Office of Federal
Activities, International Compliance Assurance Division, Environmental Protection
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Agency, Ariel Rios Bldg., Room 6144, 12th St. and Pennsylvania Ave., NW.,
Washington, DC 20004.
[51 FR 28682, Aug. 8, 1986, as amended at 56 FR 43705, Sept. 4, 1991; 61
FR 16309, Apr. 12, 1996, 71 FR 40271, July 14, 2006]
§262.57: Recordkeeping.
(a) For all exports a primary exporter must:
(1) Keep a copy of each notification of intent to export for a period of at least three
years from the date the hazardous waste was accepted by the initial transporter;
(2) Keep a copy of each EPA Acknowledgment of Consent for a period of at least three
years from the date the hazardous waste was accepted by the initial transporter;
(3) Keep a copy of each confirmation of delivery of the hazardous waste from the
consignee for at least three years from the date the hazardous waste was accepted by the
initial transporter; and
(4) Keep a copy of each annual report for a period of at least three years from the due
date of the report.
(b) The periods of retention referred to in this section are extended automatically
during the course of any unresolved enforcement action regarding the regulated activity
or as requested by the Administrator.
§262.58: International agreements.
(a) Any person who exports or imports hazardous waste subject to Federal manifest
requirements of Part 262, or subject to the universal waste management standards of 40
CFR Part 273, or subject to State requirements analogous to 40 CFR Part 273, to or from
designated member countries of the Organization for Economic Cooperation and
Development (OECD) as defined in paragraph (a)(l) of this section for purposes of
recovery is subject to Subpart H of this part. The requirements of Subparts E and F do not
apply.
(1) For the purposes of subpart H, the designated OECD Member countries consist of
Australia, Austria, Belgium, the Czech Republic, Denmark, Finland, France, Germany,
Greece, Hungary, Iceland, Ireland, Italy, Japan, Luxembourg, the Netherlands, New
Zealand, Norway, Poland, Portugal, the Slovak Republic, South Korea, Spain, Sweden,
Switzerland, Turkey, the United Kingdom, and the United States.
(2) For the purposes of this Subpart, Canada and Mexico are considered OECD
member countries only for the purpose of transit.
(b) Any person who exports hazardous waste to or imports hazardous waste from: a
designated OECD member country for purposes other than recovery (e.g., incineration,
disposal), Mexico (for any purpose), or Canada (for any purpose) remains subject to the
requirements of subparts E and F of this part.
[61 FR 16310, Apr. 12, 1996, as amended at 71 FR 40271, July 14, 2006]
Related Resources:
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Applicability of Transporter Requirements to Hazardous Waste Imports and Exports
Generator as Primary Exporter
Facts on Hazardous Waste Exports
Broker as Intermediary Arranging for Export
Tolling Agreements and Exports
Export Requirements for Transportation Through Transit Countries
Notification Requirements for Exported Wastes
Exportation of Hazardous Waste
Land Disposal Restrictions Applied to Exported Wastes
Exporters of Hazardous Waste to Mexico, Responsibilities of
Hazardous and Municipal Waste Imports and Exports Between the U.S. and Canada
Imports
Subpart F - Imports of Hazardous Waste
§262.60: Imports of hazardous waste.
(a) Any person who imports hazardous waste from a foreign country into the United
States must comply with the requirements of this part and the special requirements of this
subpart.
(b) When importing hazardous waste, a person must meet all the requirements of Sec.
262.20(a) for the manifest except that:
(1) In place of the generator's name, address and EPA identification number, the name
and address of the foreign generator and the importer's name, address and EPA
identification number must be used.
(2) In place of the generator's signature on the certification statement, the U.S.
importer or his agent must sign and date the certification and obtain the signature of the
initial transporter.
(c) A person who imports hazardous waste may obtain the manifest form from any
source that is registered with the U.S. EPA as a supplier of manifests (e.g., states, waste
handlers, and/or commercial forms printers).
(d) In the International Shipments block, the importer must check the import box and
enter the point of entry (city and State) into the United States.
(e) The importer must provide the transporter with an additional copy of the manifest
to be submitted by the receiving facility to U.S. EPA in accordance with Sec.
264.71(a)(3) and Sec. 265.71(a)(3) of this chapter.
[51FR 28685, Aug. 8, 1986]
Related Resources:
• Hazardous and Municipal Waste Imports and Exports Between the U.S. and
Canada
• RCRA Hazardous Waste Import Requirements
• Concerns About Importing of Toxic Waste
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• Accumulation Time for Hazardous Waste Importers
Transfrontier Shipments of Hazardous Waste for Recovery within the OECD
Subpart H -Transfrontier Shipments of Hazardous Waste for Recovery within
the OECD
Source: 61 FR 16310, Apr. 12, 1996, unless otherwise noted.
§262.80: Applicability.
(a) The requirements of this subpart apply to imports and exports of wastes that are
considered hazardous under U.S. national procedures and are destined for recovery
operations in the countries listed in Sec. 262.58(a)(l). A waste is considered hazardous
under U.S. national procedures if it meets the Federal definition of hazardous waste in 40
CFR 261.3 and it is subject to either the Federal manifesting requirements at 40 CFR Part
262, Subpart B, to the universal waste management standards of 40 CFR Part 273, or to
State requirements analogous to 40 CFR Part 273.
(b) Any person (notifier, consignee, or recovery facility operator) who mixes two or
more wastes (including hazardous and non-hazardous wastes) or otherwise subjects two
or more wastes (including hazardous and non-hazardous wastes) to physical or chemical
transformation operations, and thereby creates a new hazardous waste, becomes a
generator and assumes all subsequent generator duties under RCRA and any notifier
duties, if applicable, under this subpart.
§262.81: Definitions.
The following definitions apply to this subpart.
(a) Competent authorities means the regulatory authorities of concerned countries
having jurisdiction over transfrontier movements of wastes destined for recovery
operations.
(b) Concerned countries means the exporting and importing OECD member countries
and any OECD member countries of transit.
(c) Consignee means the person to whom possession or other form of legal control of
the waste is assigned at the time the waste is received in the importing country.
(d) Country of transit means any designated OECD country in Sec. 262.58(a)(l) and
(a)(2) other than the exporting or importing country across which a transfrontier
movement of wastes is planned or takes place.
(e) Exporting country means any designated OECD member country in Sec.
262.58(a)(l) from which a transfrontier movement of wastes is planned or has
commenced.
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(f) Importing country means any designated OECD country in Sec. 262.58(a)(l) to
which a transfrontier movement of wastes is planned or takes place for the purpose of
submitting the wastes to recovery operations therein.
(g) Notifier means the person under the jurisdiction of the exporting country who has,
or will have at the time the planned transfrontier movement commences, possession or
other forms of legal control of the wastes and who proposes their transfrontier movement
for the ultimate purpose of submitting them to recovery operations. When the United
States (U.S.) is the exporting country, notifier is interpreted to mean a person domiciled
in the U.S.
(h) OECD area means all land or marine areas under the national jurisdiction of any
designated OECD member country in Sec. 262.58. When the regulations refer to
shipments to or from an OECD country, this means OECD area.
(i) Recognized trader means a person who, with appropriate authorization of concerned
countries, acts in the role of principal to purchase and subsequently sell wastes; this
person has legal control of such wastes from time of purchase to time of sale; such a
person may act to arrange and facilitate transfrontier movements of wastes destined for
recovery operations.
(j) Recovery facility means an entity which, under applicable domestic law, is
operating or is authorized to operate in the importing country to receive wastes and to
perform recovery operations on them.
(k) Recovery operations means activities leading to resource recovery, recycling,
reclamation, direct re-use or alternative uses as listed in Table 2.B of the Annex of OECD
Council Decision C(88)90(Final) of 27 May 1988, (available from the Environmental
Protection Agency, RCRA Information Center (RIC), 1235 Jefferson-Davis Highway,
first floor, Arlington, VA 22203 (Docket F-94-IEHF-FFFFF) and the Organisation for
Economic Co-operation and Development, Environment Direcorate, 2 rue Andre Pascal,
75775 Paris Cedex 16, France) which include:
Rl Use as a fuel (other than in direct incineration) or other means to generate energy
R2 Solvent reclamation/regeneration
R3 Recycling/reclamation of organic substances which are not used as solvents
R4 Recycling/reclamation of metals and metal compounds
R5 Recycling/reclamation of other inorganic materials
R6 Regeneration of acids or bases
R7 Recovery of components used for pollution control
R8 Recovery of components from catalysts
R9 Used oil re-refining or other reuses of previously used oil
RIO Land treatment resulting in benefit to agriculture or ecological improvement
Rl 1 Uses of residual materials obtained from any of the operations numbered R1-R10
R12 Exchange of wastes for submission to any of the operations numbered R1-R11
6R13 Accumulation of material intended for any operation in Table 2.B
(1) Transfrontier movement means any shipment of wastes destined for recovery
operations from an area under the national jurisdiction of one OECD member country to
an area under the national jurisdiction of another OECD member country.
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§262.82: General conditions.
(a) Scope. The level of control for exports and imports of waste is indicated by
assignment of the waste to a green, amber, or red list and by U.S. national procedures as
defined in Sec. 262.80(a). The green, amber, and red lists are incorporated by reference in
Sec. 262.89 (e).
(1) Wastes on the green list are subject to existing controls normally applied to
commercial transactions, except as provided below:
(i) Green-list wastes that are considered hazardous under U.S. national procedures are
subject to amber-list controls.
(ii) Green-list waste that are sufficiently contaminated or mixed with amber-list wastes,
such that the waste or waste mixture is considered hazardous under U.S. national
procedures, are subject to amber-list controls.
(iii) Green-list wastes that are sufficiently contaminated or mixed with other wastes
subject to red-list controls such that the waste or waste mixture is considered hazardous
under U.S. national procedures must be handled in accordance with the red-list controls.
(2) Wastes on the amber list that are considered hazardous under U.S. national
procedures as defined in Sec. 262.80(a) are subject to the amber-list controls of this
Subpart.
(i) If amber-list wastes are sufficiently contaminated or mixed with other wastes
subject to red-list controls such that the waste or waste mixture is considered hazardous
under U.S. national procedures, the wastes must be handled in accordance with the red-
list controls.
(ii) [Reserved]
(3) Wastes on the red list that are considered hazardous under U.S. national procedures
as defined in Sec. 262.80(a) are subject to the red-list controls of this subpart.
Note to paragraph (a)(3): Some wastes on the amber or red lists are not listed or
otherwise identified as hazardous under RCRA (e.g., polychlorinated biphenyls) and
therefore are not subject to the amber- or red-list controls of this subpart. Regardless of
the status of the waste under RCRA, however, other Federal environmental statutes (e.g.,
the Toxic Substances Control Act) may restrict certain waste imports or exports. Such
restrictions continue to apply without regard to this Subpart.
(4) Wastes not yet assigned to a list are eligible for transfrontier movements, as
follows:
(i) If such wastes are considered hazardous under U.S. national procedures as defined
in Sec. 262.80(a), these wastes are subject to the red-list controls; or
(ii) If such wastes are not considered hazardous under U.S. national procedures as
defined in Sec. 262.80(a), such wastes may move as though they appeared on the green
list.
(b) General conditions applicable to transfrontier movements of hazardous waste.
(1) The waste must be destined for recovery operations at a facility that, under
applicable domestic law, is operating or is authorized to operate in the importing country;
(2) The transfrontier movement must be in compliance with applicable international
transport agreements; and
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Note to paragraph (b)(2): These international agreements include, but are not limited
to, the Chicago Convention (1944), ADR (1957), ADNR (1970), MARPOL Convention
(1973/1978), SOLAS Convention (1974), IMDG Code (1985), COTIF (1985), and RID
(1985).
(3) Any transit of waste through a non-OECD member country must be conducted in
compliance with all applicable international and national laws and regulations.
(c) Provisions relating to re-export for recovery to a third country. (1) Re-export of
wastes subject to the amber-list control system from the U.S., as the importing country, to
a third country listed in Sec. 262.58(a)(l) may occur only after a notifier in the U.S.
provides notification to and obtains consent of the competent authorities in the third
country, the original exporting country, and new transit countries. The notification must
comply with the notice and consent procedures in Sec. 262.83 for all concerned countries
and the original exporting country. The competent authorities of the original exporting
country as well as the competent authorities of all other concerned countries have 30 days
to object to the proposed movement.
(i) The 30-day period begins once the competent authorities of both the initial
exporting country and new importing country issue Acknowledgements of Receipt of the
notification.
(ii) The transfrontier movement may commence if no objection has been lodged after
the 30-day period has passed or immediately after written consent is received from all
relevant OECD importing and transit countries.
(2) Re-export of waste subject to the red-list control system from the original
importing country to a third country listed in Sec. 262.58(a)(l) may occur only following
notification of the competent authorities of the third country, the original exporting
country, and new transit countries by a notifier in the original importing country in
accordance with Sec. 262.83. The transfrontier movement may not proceed until receipt
by the original importing country of written consent from the competent authorities of the
third country, the original exporting country, and new transit countries.
(3) In the case of re-export of amber or red-list wastes to a country other than those in
Sec. 262.58(a)(l), notification to and consent of the competent authorities of the original
OECD member country of export and any OECD member countries of transit is required
as specified in paragraphs (c)(l) and (c)(2) of this section in addition to compliance with
all international agreements and arrangements to which the first importing OECD
member country is a party and all applicable regulatory requirements for exports from the
first importing country.
§262.83: Notification and consent.
(a) Applicability. Consent must be obtained from the competent authorities of the
relevant OECD importing and transit countries prior to exporting hazardous waste
destined for recovery operations subject to this Subpart. Hazardous wastes subject to
amber-list controls are subject to the requirements of paragraph (b) of this section;
hazardous wastes subject to red-list controls are subject to the requirements of paragraph
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(c) of this section; and wastes not identified on any list are subject to the requirements of
paragraph (d) of this section.
(b) Amber-list wastes. The export from the U.S. of hazardous wastes as described in
Sec. 262.80(a) that appear on the amber list is prohibited unless the notification and
consent requirements of paragraph (b)(l) or paragraph (b)(2) of this section are met.
(1) Transactions requiring specific consent:
(\) Notification. At least 45 days prior to commencement of the transfrontier
movement, the notifier must provide written notification in English of the proposed
transfrontier movement to the Office of Enforcement and Compliance Assurance, Office
of Compliance, Enforcement Planning, Targeting and Data Division (2222A),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC
20460, with the words "Attention: OECD Export Notification" prominently displayed on
the envelope. This notification must include all of the information identified in paragraph
(e) of this section. In cases where wastes having similar physical and chemical
characteristics, the same United Nations classification, and the same RCRA waste codes
are to be sent periodically to the same recovery facility by the same notifier, the
notifier may submit one notification of intent to export these wastes in multiple
shipments during a period of up to one year.
(ii) Tacit consent. If no objection has been lodged by any concerned country (i.e.,
exporting, importing, or transit countries) to a notification provided pursuant to paragraph
(b)(l)(i) of this section within 30 days after the date of issuance of the Acknowledgment
of Receipt of notification by the competent authority of the importing country, the
transfrontier movement may commence. Tacit consent expires one calendar year after the
close of the 30 day period; renotification and renewal of all consents is required for
exports after that date.
(iii) Written consent. If the competent authorities of all the relevant OECD importing
and transit countries provide written consent in a period less than 30 days, the
transfrontier movement may commence immediately after all necessary consents are
received. Written consent expires for each relevant OECD importing and transit country
one calendar year after the date of that country's consent unless otherwise specified;
renotification and renewal of each expired consent is required for exports after that date.
(2) Shipments to facilities pre-approved by the competent authorities of the importing
countries to accept specific wastes for recovery:
(i) The notifier must provide EPA the information identified in paragraph (e) of this
section in English, at least 10 days in advance of commencing shipment to a pre-
approved facility. The notification should indicate that the recovery facility is pre-
approved, and may apply to a single specific shipment or to multiple shipments as
described in paragraph (b)(l)(i) of this section. This information must be sent to the
Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement
Planning, Targeting and Data Division (2222A), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460, with the words "OECD Export
Notification—Pre-approved Facility" prominently displayed on the envelope.
(ii) Shipments may commence after the notification required in paragraph (b)(l)(i) of
this section has been received by the competent authorities of all concerned countries,
unless the notifier has received information indicating that the competent authorities of
one or more concerned countries objects to the shipment.
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(c) Red-list wastes. The export from the U.S. of hazardous wastes as described in Sec.
262.80(a) that appear on the red list is prohibited unless notice is given pursuant to
paragraph (b)(l)(i) of this section and the notifier receives written consent from the
importing country and any transit countries prior to commencement of the transfrontier
movement.
(d) Unlisted wastes. Wastes not assigned to the green, amber, or red list that are
considered hazardous under U.S. national procedures as defined in Sec. 262.80(a) are
subject to the notification and consent requirements established for red-list wastes in
accordance with paragraph (c) of this section. Unlisted wastes that are not considered
hazardous under U.S. national procedures as defined in Sec. 262.80(a) are not subject to
amber or red controls when exported or imported.
(e) Notification information. Notifications submitted under this section must include:
(1) Serial number or other accepted identifier of the notification form;
(2) Notifier name and EPA identification number (if applicable), address, and
telephone and telefax numbers;
(3) Importing recovery facility name, address, telephone and telefax numbers, and
technologies employed;
(4) Consignee name (if not the owner or operator of the recovery facility) address, and
telephone and telefax numbers; whether the consignee will engage in waste exchange or
storage prior to delivering the waste to the final recovery facility and identification of
recovery operations to be employed at the final recovery facility;
(5) Intended transporters and/or their agents;
(6) Country of export and relevant competent authority, and point of departure;
(7) Countries of transit and relevant competent authorities and points of entry and
departure;
(8) Country of import and relevant competent authority, and point of entry;
(9) Statement of whether the notification is a single notification or a general
notification. If general, include period of validity requested;
(10) Date foreseen for commencement of transfrontier movement;
(11) Designation of waste type(s) from the appropriate list (amber or red and waste list
code), descriptions of each waste type, estimated total quantity of each, RCRA waste
code, and United Nations number for each waste type; and
(12) Certification/Declaration signed by the notifier that states:
I certify that the above information is complete and correct to the best of my
knowledge. I also certify that legally-enforceable written contractual obligations have
been entered into, and that any applicable insurance or other financial guarantees are or
shall be in force covering the transfrontier movement.
Name:
Signature:
Date:
Note to paragraph (e)(12): The U.S. does not currently require financial assurance;
however, U.S. exporters may be asked by other governments to provide and certify to
such assurance as a condition of obtaining consent to a proposed movement.
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§262.84: Tracking document.
(a) All U.S. parties subject to the contract provisions of Sec. 262.85 must ensure that a
tracking document meeting the conditions of Sec. 262.84(b) accompanies each
transfrontier shipment of wastes subject to amber-list or red-list controls from the
initiation of the shipment until it reaches the final recovery facility, including cases in
which the waste is stored and/or exchanged by the consignee prior to shipment to the
final recovery facility, except as provided in Sec. Sec. 262.84(a)(l) and (2).
(1) For shipments of hazardous waste within the U.S. solely by water (bulk shipments
only) the generator must forward the tracking document with the manifest to the last
water (bulk shipment) transporter to handle the waste in the U.S. if exported by water, (in
accordance with the manifest routing procedures at Sec. 262.23(c)).
(2) For rail shipments of hazardous waste within the U.S. which originate at the site of
generation, the generator must forward the tracking document with the manifest (in
accordance with the routing procedures for the manifest in Sec. 262.23(d)) to the next
non-rail transporter, if any, or the last rail transporter to handle the waste in the U.S. if
exported by rail.
(b) The tracking document must include all information required under Sec. 262.83
(for notification), and the following:
(1) Date shipment commenced.
(2) Name (if not notifier), address, and telephone and telefax numbers of primary
exporter.
(3) Company name and EPA ID number of all transporters.
(4) Identification (license, registered name or registration number) of means of
transport, including types of packaging.
(5) Any special precautions to be taken by transporters.
(6) Certification/declaration signed by notifier that no objection to the shipment has
been lodged as follows:
I certify that the above information is complete and correct to the best of my
knowledge. I also certify that legally-enforceable written contractual obligations have
been entered into, that any applicable insurance or other financial guarantees are or shall
be in force covering the transfrontier movement, and that:
1. All necessary consents have been received; OR
2. The shipment is directed at a recovery facility within the OECD area and no
objection has been received from any of the concerned countries within the 30 day tacit
consent period; OR
3. The shipment is directed at a recovery facility pre-authorized for that type of waste
within the OECD area; such an authorization has not been revoked, and no objection has
been received from any of the concerned countries.
(delete sentences that are not applicable)
Name:
Signature:
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Date:
(7) Appropriate signatures for each custody transfer (e.g. transporter, consignee, and
owner or operator of the recovery facility).
(c) Notifiers also must comply with the special manifest requirements of 40 CFR
262.54(a), (b), (c), (e), and (i) and consignees must comply with the import requirements
of 40 CFR part 262. subpart F.
(d) Each U.S. person that has physical custody of the waste from the time the
movement commences until it arrives at the recovery facility must sign the tracking
document (e.g. transporter, consignee, and owner or operator of the recovery facility).
(e) Within 3 working days of the receipt of imports subject to this Subpart, the owner
or operator of the U.S. recovery facility must send signed copies of the tracking
document to the notifier, to the Office of Enforcement and Compliance Assurance, Office
of Compliance, Enforcement Planning, Targeting and Data Division (2222A),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC
20460, and to the competent authorities of the exporting and transit countries.
§262.85: Contracts.
(a) Transfrontier movements of hazardous wastes subject to amber or red control
procedures are prohibited unless they occur under the terms of a valid written contract,
chain of contracts, or equivalent arrangements (when the movement occurs between
parties controlled by the same corporate or legal entity). Such contracts or equivalent
arrangements must be executed by the notifier and the owner or operator of the recovery
facility, and must specify responsibilities for each. Contracts or equivalent arrangements
are valid for the purposes of this section only if persons assuming obligations under the
contracts or equivalent arrangements have appropriate legal status to conduct the
operations specified in the contract or equivalent arrangement.
(b) Contracts or equivalent arrangements must specify the name and EPA ID number,
where available, of:
(1) The generator of each type of waste;
(2) Each person who will have physical custody of the wastes;
(3) Each person who will have legal control of the wastes; and
(4) The recovery facility.
(c) Contracts or equivalent arrangements must specify which party to the contract will
assume responsibility for alternate management of the wastes if its disposition cannot be
carried out as described in the notification of intent to export. In such cases, contracts
must specify that:
(1) The person having actual possession or physical control over the wastes will
immediately inform the notifier and the competent authorities of the exporting and
importing countries and, if the wastes are located in a country of transit, the competent
authorities of that country; and
(2) The person specified in the contract will assume responsibility for the adequate
management of the wastes in compliance with applicable laws and regulations including,
if necessary, arranging their return to the original country of export.
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(d) Contracts must specify that the consignee will provide the notification required in
Sec. 262.82(c) prior to re-export of controlled wastes to a third country.
(e) Contracts or equivalent arrangements must include provisions for financial
guarantees, if required by the competent authorities of any concerned country, in
accordance with applicable national or international law requirements.
Note to paragraph (e): Financial guarantees so required are intended to provide for
alternate recycling, disposal or other means of sound management of the wastes in cases
where arrangements for the shipment and the recovery operations cannot be carried out as
foreseen. The U.S. does not require such financial guarantees at this time; however, some
OECD countries do. It is the responsibility of the notifier to ascertain and comply with
such requirements; in some cases, transporters or consignees may refuse to enter into the
necessary contracts absent specific references or certifications to financial guarantees.
(f) Contracts or equivalent arrangements must contain provisions requiring each
contracting party to comply with all applicable requirements of this subpart.
(g) Upon request by EPA, U.S. notifiers, consignees, or recovery facilities must submit
to EPA copies of contracts, chain of contracts, or equivalent arrangements (when the
movement occurs between parties controlled by the same corporate or legal entity).
Information contained in the contracts or equivalent arrangements for which a claim of
confidentiality is asserted accordance with 40 CFR 2.203(b) will be treated as
confidential and will be disclosed by EPA only as provided in 40 CFR 260.2.
Note to paragraph (g): Although the U.S. does not require routine submission of
contracts at this time, OECD Council Decision C(92)39/FINAL allows members to
impose such requirements. When other OECD countries require submission of partial or
complete copies of the contract as a condition to granting consent to proposed
movements, EPA will request the required information; absent submission of such
information, some OECD countries may deny consent for the proposed movement.
§262.86: Provisions relating to recognized traders.
(a) A recognized trader who takes physical custody of a waste and conducts recovery
operations (including storage prior to recovery) is acting as the owner or operator of a
recovery facility and must be so authorized in accordance with all applicable Federal
laws.
(b) A recognized trader acting as a notifier or consignee for transfrontier shipments of
waste must comply with all the requirements of this Subpart associated with being a
notifier or consignee.
§262.87: Reporting and recordkeeping.
(a) Annual reports. For all waste movements subject to this Subpart, persons (e.g.,
notifiers, recognized traders) who meet the definition of primary exporter in Sec. 262.51
shall file an annual report with the Office of Enforcement and Compliance Assurance,
Office of Compliance, Enforcement Planning, Targeting and Data Division (2222A),
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Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC
20460, no later than March 1 of each year summarizing the types, quantities, frequency,
and ultimate destination of all such hazardous waste exported during the previous
calendar year. (If the primary exporter is required to file an annual report for waste
exports that are not covered under this Subpart, he may include all export information in
one report provided the following information on exports of waste destined for recovery
within the designated OECD member countries is contained in a separate section). Such
reports shall include the following:
(1) The EPA identification number, name, and mailing and site address of the notifier
filing the report;
(2) The calendar year covered by the report;
(3) The name and site address of each final recovery facility;
(4) By final recovery facility, for each hazardous waste exported, a description of the
hazardous waste, the EPA hazardous waste number (from 40 CFR part 261, subpart C or
D), designation of waste type(s) from OECD waste list and applicable waste code from
the OECD lists, DOT hazard class, the name and U.S. EPA identification number (where
applicable) for each transporter used, the total amount of hazardous waste shipped
pursuant to this Subpart, and number of shipments pursuant to each notification;
(5) In even numbered years, for each hazardous waste exported, except for hazardous
waste produced by exporters of greater than 100kg but less than 1000kg in a calendar
month, and except for hazardous waste for which information was already provided
pursuant to Sec. 262.41:
(i) A description of the efforts undertaken during the year to reduce the volume and
toxicity of waste generated; and
(ii) A description of the changes in volume and toxicity of the waste actually achieved
during the year in comparison to previous years to the extent such information is
available for years prior to 1984; and
(6) A certification signed by the person acting as primary exporter that states:
I certify under penalty of law that I have personally examined and am familiar with the
information submitted in this and all attached documents, and that based on my inquiry of
those individuals immediately responsible for obtaining the information, I believe that the
submitted information is true, accurate, and complete. I am aware that there are
significant penalties for submitting false information including the possibility of fine and
imprisonment.
(b) Exception reports. Any person who meets the definition of primary exporter in Sec.
262.51 must file an exception report in lieu of the requirements of Sec. 262.42 with the
Administrator if any of the following occurs:
(1) He has not received a copy of the tracking documentation signed by the transporter
stating point of departure of the waste from the United States, within forty-five (45) days
from the date it was accepted by the initial transporter;
(2) Within ninety (90) days from the date the waste was accepted by the initial
transporter, the notifier has not received written confirmation from the recovery facility
that the hazardous waste was received;
(3) The waste is returned to the United States.
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(c) Recordkeeping. (1) Persons who meet the definition of primary exporter in Sec.
262.51 shall keep the following records: Sec. 262.89
(i) A copy of each notification of intent to export and all written consents obtained
from the competent authorities of concerned countries for a period of at least three years
from the date the hazardous waste was accepted by the initial transporter;
(ii) A copy of each annual report for a period of at least three years from the due date
of the report; and
(iii) A copy of any exception reports and a copy of each confirmation of delivery (i.e.,
tracking documentation) sent by the recovery facility to the notifier for at least three years
from the date the hazardous waste was accepted by the initial transporter or received by
the recovery facility, whichever is applicable.
(2) The periods of retention referred to in this section are extended automatically
during the course of any unresolved enforcement action regarding the regulated activity
or as requested by the Administrator.
§262.88: Pre-approval for U.S. Recovery Facilities (Reserved)
§262.89: OECD Waste Lists.
(a) General. For the purposes of this Subpart, a waste is considered hazardous under
U.S. national procedures, and hence subject to this Subpart, if the waste:
(1) Meets the Federal definition of hazardous waste in 40 CFR261.3; and
(2) Is subject to either the Federal RCRA manifesting requirements at 40 CFR part
262, subpart B, to the universal waste management standards of 40 CFR part 273, or to
State requirements analogous to 40 CFR part 273.
(b) If a waste is hazardous under paragraph (a) of this section and it appears on the
amber or red list, it is subject to amber- or red-list requirements respectively;
(c) If a waste is hazardous under paragraph (a) of this section and it does not appear on
either amber or red lists, it is subject to red-list requirements.
(d) The appropriate control procedures for hazardous wastes and hazardous waste
mixtures are addressed in Sec. 262.82.
(e) The OECD Green List of Wastes (revised May 1994), Amber List of Wastes and
Red List of Wastes (both revised May 1993) as set forth in Appendix 3, Appendix 4 and
Appendix 5, respectively, to the OECD Council Decision C(92)39/FINAL (Concerning
the Control of Transfrontier Movements of Wastes Destined for Recovery Operations)
are incorporated by reference. These incorporations by reference were approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 on
July 11, 1996. These materials are incorporated as they exist on the date of the approval
and a notice of any change in these materials will be published in the Federal Register.
The materials are available for inspection at: the U.S. Environmental Protection Agency,
RCRA Information Center (RIC), 1235 Jefferson-Davis Highway, first floor, Arlington,
VA 22203 (Docket F-94-IEHF-FFFFF) or at the National Archives and Records
Administration (NARA), and may be obtained from the Organisation for Economic Co-
operation and Development, Environment Direcorate, 2 rue Andre Pascal, 75775 Paris
Cedex 16, France. For information on the availability of this material at NARA,
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call 202-741-6030, or go to: http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr~locations.html.
[61 FR 16310, Apr. 12, 1996, as amended at 69 FR 18803, Apr. 9, 2004]
Related Resources:
• Frequently Asked Questions on Imports and Exports of Hazardous Waste
Between Members of the Organization for Economic Cooperation and
Development (OECD)
• Frequently Asked Questions on the Basel Convention
Farmers
Subpart G: Farmers
§262.70: Farmers.
A farmer disposing of waste pesticides from his own use which are hazardous wastes is
not required to comply with the standards in this part or other standards in 40 CFR parts
264, 265, 268, or 270 for those wastes provided he triple rinses each emptied pesticide
container in accordance with Sec. 26L7(b)(3) and disposes of the pesticide residues on
his own farm in a manner consistent with the disposal instructions on the pesticide label.
[53 FR 27165, July 19, 1988, as amended at 71 FR 40271, July 14, 2006]
Related Resources:
• Scope of Farmer Exemption at 40 CFR §262.10(D) and 262.51
Subpart K—Alternative Requirements for Laboratories Owned by Eligible Academic
Entities
Source: 73 72954, Dec. 1, 2008, unless otherwise noted.
§ 262.200 Definitions for this subpart.
The following definitions apply to this subpart:
Central accumulation area means an on-site hazardous waste accumulation area subject
to either §262.34(a) (or 262.34 (j) and (k) for Performance Track members) of this part
(large quantity generators); or §262.34 (d)-(f) of this part (small quantity generators). A
central accumulation area at an eligible academic entity that chooses to be subject to this
subpart must also comply with §262.211 when accumulating unwanted material and/or
hazardous waste.
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College/University means a private or public, post-secondary, degree-granting, academic
institution, that is accredited by an accrediting agency listed annually by the U.S.
Department of Education.
Eligible academic entity means a college or university, or a non-profit research institute
that is owned by or has a formal written affiliation agreement with a college or university,
or a teaching hospital that is owned by or has a formal written affiliation agreement with
a college or university.
Formal written affiliation agreement for a non-profit research institute means a written
document that establishes a relationship between institutions for the purposes of research
and/or education and is signed by authorized representatives, as defined by §260.10, from
each institution. A relationship on a project-by-project or grant-by-grant basis is not
considered a formal written affiliation agreement. A formal written affiliation agreement
for a teaching hospital means a master affiliation agreement and program letter of
agreement, as defined by the Accreditation Council for Graduate Medical Education,
with an accredited medical program or medical school.
Laboratory means an area owned by an eligible academic entity where relatively small
quantities of chemicals and other substances are used on a non-production basis for
teaching or research (or diagnostic purposes at a teaching hospital) and are stored and
used in containers that are easily manipulated by one person. Photo laboratories, art
studios, and field laboratories are considered laboratories. Areas such as chemical
stockrooms and preparatory laboratories that provide a support function to teaching or
research laboratories (or diagnostic laboratories at teaching hospitals) are also considered
laboratories.
Laboratory clean-out means an evaluation of the inventory of chemicals and other
materials in a laboratory that are no longer needed or that have expired and the
subsequent removal of those chemicals or other unwanted materials from the laboratory.
A clean-out may occur for several reasons. It may be on a routine basis (e.g., at the end of
a semester or academic year) or as a result of a renovation, relocation, or change in
laboratory supervisor/occupant. A regularly scheduled removal of unwanted material as
required by §262.208 does not qualify as a laboratory clean-out.
Laboratory worker means a person who handles chemicals and/or unwanted material in a
laboratory and may include, but is not limited to, faculty, staff, post-doctoral fellows,
interns, researchers, technicians, supervisors/managers, and principal investigators. A
person does not need to be paid or otherwise compensated for his/her work in the
laboratory to be considered a laboratory worker. Undergraduate and graduate students in
a supervised classroom setting are not laboratory workers.
Non-profit research institute means an organization that conducts research as its primary
function and files as a non-profit organization under the tax code of 26 U.S.C. 501(c)(3).
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Reactive acutely hazardous unwanted material means an unwanted material that is one of
the acutely hazardous commercial chemical products listed in §26L33.(e) for reactivity.
Teaching hospital means a hospital that trains students to become physicians, nurses or
other health or laboratory personnel.
Trained professional means a person who has completed the applicable RCRA training
requirements of §265.16 for large quantity generators, or is knowledgeable about normal
operations and emergencies in accordance with §262.34 (d)(5)(iii) for small quantity
generators and conditionally exempt small quantity generators. A trained professional
may be an employee of the eligible academic entity or may be a contractor or vendor who
meets the requisite training requirements.
Unwanted material means any chemical, mixtures of chemicals, products of experiments
or other material from a laboratory that is no longer needed, wanted or usable in the
laboratory and that is destined for hazardous waste determination by a trained
professional. Unwanted materials include reactive acutely hazardous unwanted materials
and materials that may eventually be determined not to be solid waste pursuant to §261.2,
or a hazardous waste pursuant to §261.3. If an eligible academic entity elects to use
another equally effective term in lieu of "unwanted material," as allowed by
§262.206(a)(l)(i), the equally effective term has the same meaning and is subject to the
same requirements as "unwanted material" under this subpart.
Working container means a small container ( i.e. , two gallons or less) that is in use at a
laboratory bench, hood, or other work station, to collect unwanted material from a
laboratory experiment or procedure.
§262.201 Applicability of this subpart.
(a) Large quantity generators and small quantity generators. This subpart provides
alternative requirements to the requirements in §§262.11 and (c) for the hazardous waste
determination and accumulation of hazardous waste in laboratories owned by eligible
academic entities that choose to be subject to this subpart, provided that they complete
the notification requirements of §262.203.
(b) Conditionally exempt small quantity generators. This subpart provides alternative
requirements to the conditional exemption in §261.5(b) for the accumulation of
hazardous waste in laboratories owned by eligible academic entities that choose to be
subject to this subpart, provided that they complete the notification requirements of
§262.203.
§ 262.202 This subpart is optional.
(a) Large quantity generators and small quantity generators: Eligible academic entities
have the option of complying with this subpart with respect to its laboratories, as an
alternative to complying with the requirements of §§262.Hand 262.34 (c).
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(b) Conditionally exempt small quantity generators. Eligible academic entities have the
option of complying with this subpart with respect to its laboratories, as an alternative to
complying with the conditional exemption of §261.5 (b).
§ 262.203 How an eligible academic entity indicates it will be subject to the
requirements of this subpart.
(a) An eligible academic entity must notify the appropriate EPA Regional Administrator
in writing, using the RCRA Subtitle C Site Identification Form (EPA Form 8700-12),
that it is electing to be subject to the requirements of this subpart for all the laboratories
owned by the eligible academic entity under the same EPA Identification Number. An
eligible academic entity that is a conditionally exempt small quantity generator and does
not have an EPA Identification Number must notify that it is electing to be subject to the
requirements of this subpart for all the laboratories owned by the eligible academic entity
that are on-site, as defined by §260.10. An eligible academic entity must submit a
separate notification (Site Identification Form) for each EPA Identification Number (or
site, for conditionally exempt small quantity generators) that is electing to be subject to
the requirements of this subpart, and must submit the Site Identification Form before it
begins operating under this subpart.
(b) When submitting the Site Identification Form, the eligible academic entity must, at a
minimum, fill out the following fields on the form:
(1) Reason for Submittal.
(2) Site EPA Identification Number (except for conditionally exempt small quantity
generators).
(3) Site Name.
(4) Site Location Information.
(5) Site Land Type.
(6) North American Industry Classification System (NAICS) Code(s) for the Site.
(7) Site Mailing Address.
(8) Site Contact Person.
(9) Operator and Legal Owner of the Site.
(10) Type of Regulated Waste Activity.
(11) Certification.
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(c) An eligible academic entity must keep a copy of the notification on file at the eligible
academic entity for as long as its laboratories are subject to this subpart.
(d) A teaching hospital that is not owned by a college or university must keep a copy of
its formal written affiliation agreement with a college or university on file at the teaching
hospital for as long as its laboratories are subject to this subpart.
(e) A non-profit research institute that is not owned by a college or university must keep a
copy of its formal written affiliation agreement with a college or university on file at the
non-profit research institute for as long as its laboratories are subject to this subpart.
§ 262.204 How an eligible academic entity indicates it will withdraw from the
requirements of this subpart.
(a) An eligible academic entity must notify the appropriate EPA Regional Administrator
in writing, using the RCRA Subtitle C Site Identification Form (EPA Form 8700-12),
that it is electing to no longer be subject to the requirements of this subpart for all the
laboratories owned by the eligible academic entity under the same EPA Identification
Number and that it will comply with the requirements of §§262.11 and 262.34 (c) for
small quantity generators and large quantity generators. An eligible academic entity that
is a conditionally exempt small quantity generator and does not have an EPA
Identification Number must notify that it is withdrawing from the requirements of this
subpart for all the laboratories owned by the eligible academic entity that are on-site and
that it will comply with the conditional exemption in §261.5(b). An eligible academic
entity must submit a separate notification (Site Identification Form) for each EPA
Identification Number (or site, for conditionally exempt small quantity generators) that is
withdrawing from the requirements of this subpart and must submit the Site Identification
Form before it begins operating under the requirements of §§262.11 and 262.34 (c) for
small quantity generators and large quantity generators, or §261.5 (b) for conditionally
exempt small quantity generators.
(b) When submitting the Site Identification Form, the eligible academic entity must, at a
minimum, fill out the following fields on the form:
(1) Reason for Submittal.
(2) Site EPA Identification Number (except for conditionally exempt small quantity
generators).
(3) Site Name.
(4) Site Location Information.
(5) Site Land Type.
(6) North American Industry Classification System (NAICS) Code(s) for the Site.
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(7) Site Mailing Address.
(8) Site Contact Person.
(9) Operator and Legal Owner of the Site.
(10) Type of Regulated Waste Activity.
(11) Certification.
(c) An eligible academic entity must keep a copy of the withdrawal notice on file at the
eligible academic entity for three years from the date of the notification.
§ 262.205 Summary of the requirements of this subpart.
An eligible academic entity that chooses to be subject to this subpart is not required to
have interim status or a RCRA Part B permit for the accumulation of unwanted material
and hazardous waste in its laboratories, provided the laboratories comply with the
provisions of this subpart and the eligible academic entity has a Laboratory Management
Plan (LMP) in accordance with §262.214 that describes how the laboratories owned by
the eligible academic entity will comply with the requirements of this subpart.
§ 262.206 Labeling and management standards for containers of unwanted material
in the laboratory.
An eligible academic entity must manage containers of unwanted material while in the
laboratory in accordance with the requirements in this section.
(a) Labeling: Label unwanted material as follows:
(1) The following information must be affixed or attached to the container:
(i) The words "unwanted material" or another equally effective term that is to be used
consistently by the eligible academic entity and that is identified in Part I of the
Laboratory Management Plan, and
(ii) Sufficient information to alert emergency responders to the contents of the container.
Examples of information that would be sufficient to alert emergency responders to the
contents of the container include, but are not limited to:
(A) The name of the chemical(s),
(B) The type or class of chemical, such as organic solvents or halogenated organic
solvents.
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(2) The following information may be affixed or attached to the container, but must at a
minimum be associated with the container:
(i) The date that the unwanted material first began accumulating in the container, and
(ii) Information sufficient to allow a trained professional to properly identify whether an
unwanted material is a solid and hazardous waste and to assign the proper hazardous
waste code(s), pursuant to §262.11. Examples of information that would allow a trained
professional to properly identify whether an unwanted material is a solid or hazardous
waste include, but are not limited to:
(A) The name and/or description of the chemical contents or composition of the
unwanted material, or, if known, the product of the chemical reaction,
(B) Whether the unwanted material has been used or is unused,
(C) A description of the manner in which the chemical was produced or processed, if
applicable.
(b) Management of Containers in the Laboratory: An eligible academic entity must
properly manage containers of unwanted material in the laboratory to assure safe storage
of the unwanted material, to prevent leaks, spills, emissions to the air, adverse chemical
reactions, and dangerous situations that may result in harm to human health or the
environment. Proper container management must include the following:
(1) Containers are maintained and kept in good condition and damaged containers are
replaced, overpacked, or repaired, and
(2) Containers are compatible with their contents to avoid reactions between the contents
and the container; and are made of, or lined with, material that is compatible with the
unwanted material so that the container's integrity is not impaired, and
(3) Containers must be kept closed at all times, except:
(i) When adding, removing or consolidating unwanted material, or
(ii) A working container may be open until the end of the procedure or work shift, or until
it is full, whichever comes first, at which time the working container must either be
closed or the contents emptied into a separate container that is then closed, or
(iii) When venting of a container is necessary.
(A) For the proper operation of laboratory equipment, such as with in-line collection of
unwanted materials from high performance liquid chromatographs, or
(B) To prevent dangerous situations, such as build-up of extreme pressure.
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§262.207 Training.
An eligible academic entity must provide training to all individuals working in a
laboratory at the eligible academic entity, as follows:
(a) Training for laboratory workers and students must be commensurate with their duties
so they understand the requirements in this subpart and can implement them.
(b) An eligible academic entity can provide training for laboratory workers and students
in a variety of ways, including, but not limited to:
(1) Instruction by the professor or laboratory manager before or during an experiment; or
(2) Formal classroom training; or
(3) Electronic/written training; or
(4) On-the-job training; or
(5) Written or oral exams.
(c) An eligible academic entity that is a large quantity generator must maintain
documentation for the durations specified in §265.16 (e) demonstrating training for all
laboratory workers that is sufficient to determine whether laboratory workers have been
trained. Examples of documentation demonstrating training can include, but are not
limited to, the following:
(1) Sign-in/attendance sheet(s) for training session(s); or
(2) Syllabus for training session; or
(3) Certificate of training completion; or
(4) Test results.
(d) A trained professional must:
(1) Accompany the transfer of unwanted material and hazardous waste when the
unwanted material and hazardous waste is removed from the laboratory, and
(2) Make the hazardous waste determination, pursuant to §262.11, for unwanted material.
§ 262.208 Removing containers of unwanted material from the laboratory.
(a) Removing containers of unwanted material on a regular schedule. An eligible
academic entity must either:
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(1) Remove all containers of unwanted material from each laboratory on a regular
interval, not to exceed 6 months; or
(2) Remove containers of unwanted material from each laboratory within 6 months of
each container's accumulation start date.
(b) The eligible academic entity must specify in Part I of its Laboratory Management
Plan whether it will comply with paragraph (a)(l) or (a)(2) of this section for the regular
removal of unwanted material from its laboratories.
(c) The eligible academic entity must specify in Part II of its Laboratory Management
Plan how it will comply with paragraph (a)(l) or (a)(2) of this section and develop a
schedule for regular removals of unwanted material from its laboratories.
(d) Removing containers of unwanted material when volumes are exceeded.
(1) If a laboratory accumulates a total volume of unwanted material (including reactive
acutely hazardous unwanted material) in excess of 55 gallons before the regularly
scheduled removal, the eligible academic entity must ensure that all containers of
unwanted material in the laboratory (including reactive acutely hazardous unwanted
material):
(i) Are marked on the label that is associated with the container (or on the label that is
affixed or attached to the container, if that is preferred) with the date that 55 gallons is
exceeded; and
(ii) Are removed from the laboratory within 10 calendar days of the date that 55 gallons
was exceeded, or at the next regularly scheduled removal, whichever comes first.
(2) If a laboratory accumulates more than 1 quart of reactive acutely hazardous unwanted
material before the regularly scheduled removal, then the eligible academic entity must
ensure that all containers of reactive acutely hazardous unwanted material:
(i) Are marked on the label that is associated with the container (or on the label that is
affixed or attached to the container, if that is preferred) with the date that 1 quart is
exceeded; and
(ii) Are removed from the laboratory within 10 calendar days of the date that 1 quart was
exceeded, or at the next regularly scheduled removal, whichever comes first.
§ 262.209 Where and when to make the hazardous waste determination and where to
send containers of unwanted material upon removal from the laboratory.
(a) Large quantity generators and small quantity generators—an eligible academic entity
must ensure that a trained professional makes a hazardous waste determination, pursuant
to §262.11, for unwanted material in any of the following areas:
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(1) In the laboratory before the unwanted material is removed from the laboratory, in
accordance with §262.210;
(2) Within 4 calendar days of arriving at an on-site central accumulation area, in
accordance with §262.211; and
(3) Within 4 calendar days of arriving at an on-site interim status or permitted treatment,
storage or disposal facility, in accordance with §262.212.
(b) Conditionally exempt small quantity generators—an eligible academic entity must
ensure that a trained professional makes a hazardous waste determination, pursuant to
§262.11, for unwanted material in the laboratory before the unwanted material is
removed from the laboratory, in accordance with §262.210.
§ 262.210 Making the hazardous waste determination in the laboratory before the
unwanted material is removed from the laboratory.
If an eligible academic entity makes the hazardous waste determination, pursuant to
§262.11, for unwanted material in the laboratory, it must comply with the following:
(a) A trained professional must make the hazardous waste determination, pursuant to
§262.11, before the unwanted material is removed from the laboratory.
(b) If an unwanted material is a hazardous waste, the eligible academic entity must:
(1) Write the words "hazardous waste" on the container label that is affixed or attached to
the container, before the hazardous waste may be removed from the laboratory; and
(2) Write the appropriate hazardous waste code(s) on the label that is associated with the
container (or on the label that is affixed or attached to the container, if that is preferred)
before the hazardous waste is transported off-site.
(3) Count the hazardous waste toward the eligible academic entity's generator status,
pursuant to §261.5 (c) and (d), in the calendar month that the hazardous waste
determination was made.
(c) A trained professional must accompany all hazardous waste that is transferred from
the laboratory(ies) to an on-site central accumulation area or on-site interim status or
permitted treatment, storage or disposal facility.
(d) When hazardous waste is removed from the laboratory:
(1) Large quantity generators and small quantity generators must ensure it is taken
directly from the laboratory(ies) to an on-site central accumulation area, or on-site
interim status or permitted treatment, storage or disposal facility, or transported off-site.
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(2) Conditionally exempt small quantity generators must ensure it is taken directly from
the laboratory(ies) to any of the types of facilities listed in §261.5 (f)(3) for acute
hazardous waste, or §261.5 (g)(3) for hazardous waste.
(e) An unwanted material that is a hazardous waste is subject to all applicable hazardous
waste regulations when it is removed from the laboratory.
§ 262.211 Making the hazardous waste determination at an on-site central
accumulation area.
If an eligible academic entity makes the hazardous waste determination, pursuant to
§262.11, for unwanted material at an on-site central accumulation area, it must comply
with the following:
(a) A trained professional must accompany all unwanted material that is transferred from
the laboratory(ies) to an on-site central accumulation area.
(b) All unwanted material removed from the laboratory(ies) must be taken directly from
the laboratory(ies) to the on-site central accumulation area.
(c) The unwanted material becomes subject to the generator accumulation regulations of
§262.34 (a) (or §262.34 (j) and (k) for Performance Track members) for large quantity
generators or §262.34 (d)-(f) for small quantity generators as soon as it arrives in the
central accumulation area, except for the "hazardous waste" labeling requirements of
§262.34 (a)(3) (or §262.34 (j)(6) for Performance Track members).
(d) A trained professional must determine, pursuant to §262.11, if the unwanted material
is a hazardous waste within 4 calendar days of the unwanted materials' arrival at the on-
site central accumulation area.
(e) If the unwanted material is a hazardous waste, the eligible academic entity must:
(1) Write the words "hazardous waste" on the container label that is affixed or attached to
the container, within 4 calendar days of arriving at the on-site central accumulation area
and before the hazardous waste may be removed from the on-site central accumulation
area, and
(2) Write the appropriate hazardous waste code(s) on the container label that is associated
with the container (or on the label that is affixed or attached to the container, if that is
preferred) before the hazardous waste may be treated or disposed of on-site or transported
off-site, and
(3) Count the hazardous waste toward the eligible academic entity's generator status,
pursuant to §261.5 (c) and (d) in the calendar month that the hazardous waste
determination was made, and
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(4) Manage the hazardous waste according to all applicable hazardous waste regulations.
§ 262.212 Making the hazardous waste determination at an on-site interim status or
permitted treatment, storage or disposal facility.
If an eligible academic entity makes the hazardous waste determination, pursuant to
§262.11, for unwanted material at an on-site interim status or permitted treatment, storage
or disposal facility, it must comply with the following:
(a) A trained professional must accompany all unwanted material that is transferred from
the laboratory(ies) to an on-site interim status or permitted treatment, storage or disposal
facility.
(b) All unwanted material removed from the laboratory(ies) must be taken directly from
the laboratory(ies) to the on-site interim status or permitted treatment, storage or disposal
facility.
(c) The unwanted material becomes subject to the terms of the eligible academic entity's
hazardous waste permit or interim status as soon as it arrives in the on-site treatment,
storage or disposal facility.
(d) A trained professional must determine, pursuant to §262.11, if the unwanted material
is a hazardous waste within 4 calendar days of the unwanted materials' arrival at an on-
site interim status or permitted treatment, storage or disposal facility.
(e) If the unwanted material is a hazardous waste, the eligible academic entity must:
(1) Write the words "hazardous waste" on the container label that is affixed or attached to
the container (or on the label that is affixed or attached to the container, if that is
preferred) within 4 calendar days of arriving at the on-site interim status or permitted
treatment, storage or disposal facility and before the hazardous waste may be removed
from the on-site interim status or permitted treatment, storage or disposal facility, and
(2) Write the appropriate hazardous waste code(s) on the container label that is associated
with the container (or on the label that is affixed or attached to the container, if that is
preferred) before the hazardous waste may be treated or disposed on-site or transported
off-site, and
(3) Count the hazardous waste toward the eligible academic entity's generator status,
pursuant to §261.5 (c) and (d) in the calendar month that the hazardous waste
determination was made, and
(4) Manage the hazardous waste according to all applicable hazardous waste regulations.
§262.213 Laboratory clean-outs.
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(a) One time per 12 month period for each laboratory, an eligible academic entity may
opt to conduct a laboratory clean-out that is subject to all the applicable requirements of
this subpart, except that:
(1) If the volume of unwanted material in the laboratory exceeds 55 gallons (or 1 quart of
reactive acutely hazardous unwanted material), the eligible academic entity is not
required to remove all unwanted materials from the laboratory within 10 calendar days of
exceeding 55 gallons (or 1 quart of reactive acutely hazardous unwanted material), as
required by §262.208. Instead, the eligible academic entity must remove all unwanted
materials from the laboratory within 30 calendar days from the start of the laboratory
clean-out; and
(2) For the purposes of on-site accumulation, an eligible academic entity is not required
to count a hazardous waste that is an unused commercial chemical product (listed in 40
CFR part 261, subpart D or exhibiting one or more characteristics in 40 CFR part 261,
subpart C) generated solely during the laboratory clean-out toward its hazardous waste
generator status, pursuant to §261.5 (c) and (d). An unwanted material that is generated
prior to the beginning of the laboratory clean-out and is still in the laboratory at the time
the laboratory clean-out commences must be counted toward hazardous waste generator
status, pursuant to §261.5 (c) and (d), if it is determined to be hazardous waste; and
(3) For the purposes of off-site management, an eligible academic entity must count all
its hazardous waste, regardless of whether the hazardous waste was counted toward
generator status under paragraph (a)(2) of this section, and if it generates more than 1
kg/month of acute hazardous waste or more than 100 kg/month of hazardous waste (i.e.,
the conditionally exempt small quantity generator limits of §261.5), the hazardous waste
is subject to all applicable hazardous waste regulations when it is transported off-site; and
(4) An eligible academic entity must document the activities of the laboratory clean-out.
The documentation must, at a minimum, identify the laboratory being cleaned out, the
date the laboratory clean-out begins and ends, and the volume of hazardous waste
generated during the laboratory clean-out. The eligible academic entity must maintain the
records for a period of three years from the date the clean-out ends; and
(b) For all other laboratory clean-outs conducted during the same 12-month period, an
eligible academic entity is subject to all the applicable requirements of this subpart,
including, but not limited to:
(1) The requirement to remove all unwanted materials from the laboratory within 10
calendar days of exceeding 55 gallons (or 1 quart of reactive acutely hazardous unwanted
material), as required by §262.208; and
(2) The requirement to count all hazardous waste, including unused hazardous waste,
generated during the laboratory clean-out toward its hazardous waste generator status,
pursuant to §261.5 (c) and (d).
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§262.214 Laboratory management plan.
An eligible academic entity must develop and retain a written Laboratory Management
Plan, or revise an existing written plan. The Laboratory Management Plan is a site-
specific document that describes how the eligible academic entity will manage unwanted
materials in compliance with this subpart. An eligible academic entity may write one
Laboratory Management Plan for all the laboratories owned by the eligible academic
entity that have opted into this subpart, even if the laboratories are located at sites with
different EPA Identification Numbers. The Laboratory Management Plan must contain
two parts with a total of nine elements identified in paragraphs (a) and (b) of this section.
In Part I of its Laboratory Management Plan, an eligible academic entity must describe its
procedures for each of the elements listed in paragraph (a) of this section. An eligible
academic entity must implement and comply with the specific provisions that it develops
to address the elements in Part I of the Laboratory Management Plan. In Part II of its
Laboratory Management Plan, an eligible academic entity must describe its best
management practices for each of the elements listed in paragraph (b) of this section. The
specific actions taken by an eligible academic entity to implement each element in Part II
of its Laboratory Management Plan may vary from the procedures described in the
eligible academic entity's Laboratory Management Plan, without constituting a violation
of this subpart. An eligible academic entity may include additional elements and best
management practices in Part II of its Laboratory Management Plan if it chooses.
(a) The eligible academic entity must implement and comply with the specific provisions
of Part I of its Laboratory Management Plan. In Part I of its Laboratory Management
Plan, an eligible academic entity must:
(1) Describe procedures for container labeling in accordance with §262.206(a), including:
(i) Identifying whether the eligible academic entity will use the term "unwanted material"
on the containers in the laboratory. If not, identify an equally effective term that will be
used in lieu of "unwanted material" and consistently by the eligible academic entity. The
equally effective term, if used, has the same meaning and is subject to the same
requirements as "unwanted material."
(ii) Identifying the manner in which information that is "associated with the container"
will be imparted.
(2) Identify whether the eligible academic entity will comply with §262.208(a)(l) or
(a)(2) for regularly scheduled removals of unwanted material from the laboratory.
(b) In Part II of its Laboratory Management Plan, an eligible academic entity must:
(1) Describe its intended best practices for container labeling and management, including
how the eligible academic entity will manage containers used for in-line collection of
unwanted materials, such as with high performance liquid chromatographs and other
laboratory equipment (see the required standards at §262.206).
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(2) Describe its intended best practices for providing training for laboratory workers and
students commensurate with their duties (see the required standards at §262.207(a)).
(3) Describe its intended best practices for providing training to ensure safe on-site
transfers of unwanted material and hazardous waste by trained professionals (see the
required standards at §262.207(d)(l)).
(4) Describe its intended best practices for removing unwanted material from the
laboratory, including:
(i) For regularly scheduled removals—Develop a regular schedule for identifying and
removing unwanted materials from its laboratories (see the required standards at
§262.208(a)(l) and (a)(2)).
(ii) For removals when maximum volumes are exceeded:
(A) Describe its intended best practices for removing unwanted materials from the
laboratory within 10 calendar days when unwanted materials have exceeded their
maximum volumes (see the required standards at §262.208(d)).
(B) Describe its intended best practices for communicating that unwanted materials have
exceeded their maximum volumes.
(5) Describe its intended best practices for making hazardous waste determinations,
including specifying the duties of the individuals involved in the process (see the required
standards at §262.11 and §§262.209 through 262.212).
(6) Describe its intended best practices for laboratory clean-outs, if the eligible academic
entity plans to use the incentives for laboratory clean-outs provided in §262.213,
including:
(i) Procedures for conducting laboratory clean-outs (see the required standards at
§262.213(a)(l) through (3)); and
(ii) Procedures for documenting laboratory clean-outs (see the required standards at
§262.213(a)(4)).
(7) Describe its intended best practices for emergency prevention, including:
(i) Procedures for emergency prevention, notification, and response, appropriate to the
hazards in the laboratory; and
(ii) A list of chemicals that the eligible academic entity has, or is likely to have, that
become more dangerous when they exceed their expiration date and/or as they degrade;
and
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(iii) Procedures to safely dispose of chemicals that become more dangerous when they
exceed their expiration date and/or as they degrade; and
(iv) Procedures for the timely characterization of unknown chemicals.
(c) An eligible academic entity must make its Laboratory Management Plan available to
laboratory workers, students, or any others at the eligible academic entity who request it.
(d) An eligible academic entity must review and revise its Laboratory Management Plan,
as needed.
§ 262.215 Unwanted material that is not solid or hazardous waste.
(a) If an unwanted material does not meet the definition of solid waste in §261.2, it is no
longer subject to this subpart or to the RCRA hazardous waste regulations.
(b) If an unwanted material does not meet the definition of hazardous waste in §261.3, it
is no longer subject to this subpart or to the RCRA hazardous waste regulations, but must
be managed in compliance with any other applicable regulations and/or conditions.
§ 262.216 Non-laboratory hazardous waste generated at an eligible academic entity.
An eligible academic entity that generates hazardous waste outside of a laboratory is not
eligible to manage that hazardous waste under this subpart; and
(a) Remains subject to the generator requirements of §§262.11 and 262.34 (c) for large
quantity generators and small quantity generators (if the hazardous waste is managed in a
satellite accumulation area), and all other applicable generator requirements of 40 CFR
part 262, with respect to that hazardous waste; or
(b) Remains subject to the conditional exemption of §261.5 (b) for conditionally exempt
small quantity generators, with respect to that hazardous waste.
Related Resources:
Hazardous Waste Generated in Laboratories
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LQG Requirements
• Resources for Large Quantity Generators
• Frequently Asked Questions on Waste
• Hazardous Waste Management System: Definitions
Applicability
§ 262.10: Purpose, scope, and applicability
(a) These regulations establish standards for generators of hazardous waste.
(b) 40 CFR261.5(c) and (d) must be used to determine the applicability of provisions of
this part that are dependent on calculations of the quantity of hazardous waste generated
per month.
(c) A generator who treats, stores, or disposes of hazardous waste on-site must only
comply with the following sections of this part with respect to that waste: Section 262.11
for determining whether or not he has a hazardous waste, § 262.12 for obtaining an EPA
identification number, § 262.34 for accumulation of hazardous waste, § 262.40 (c) and
(d) for recordkeeping, § 262.43 for additional reporting, and if applicable, § 262.70 for
farmers.
(d) Any person who exports or imports hazardous waste subject to the Federal
manifesting requirements of part 262, or subject to the universal waste management
standards of 40 CFR Part 273, or subject to State requirements analogous to 40 CFR Part
273, to or from the countries listed in § 262.58(a)(l) for recovery must comply with
subpart H of this part.
(e) Any person who imports hazardous waste into the United States must comply with the
standards applicable to generators established in this part.
(f) A farmer who generates waste pesticides which are hazardous waste and who
complies with all of the requirements of § 262.70 is not required to comply with other
standards in this part or 40 CFR parts 270, 264, 265, or 268 with respect to such
pesticides.
(g) A person who generates a hazardous waste as defined by 40 CFR part 261 is subject
to the compliance requirements and penalties prescribed in section 3008 of the Act if he
does not comply with the requirements of this part.
(h) An owner or operator who initiates a shipment of hazardous waste from a treatment,
storage, or disposal facility must comply with the generator standards established in this
part.
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(i) Persons responding to an explosives or munitions emergency in accordance with 40
CFR 264!(g)(8)(i)(D) or (iv) or 265J_(c)(l l)(i)(D) or (iv), and 270J_(c)(3)(i)(D) or (iii)
are not required to comply with the standards of this part.
(j) (1) Universities that are participating in the Laboratory XL project are the University
of Massachusetts in Boston, Massachusetts, Boston College in Chestnut Hill,
Massachusetts, and the University of Vermont in Burlington, Vermont ("Universities").
The Universities generate laboratory wastes (as defined in § 262.102), some of which
will be hazardous wastes. As long as the Universities comply with all the requirements of
subpart J of this part the Universities' laboratories that are participating in the University
Laboratories XL Project as identified in Table 1 of this section, are not subject to the
provisions of §§ 262.11. 262.34(c), 40 CFR Parts 264 and 265. and the permit
requirements of 40 CFR Part 270 with respect to said laboratory wastes.
(2) Each University shall have the right to change its respective departments or the on-
site location of its hazardous waste accumulation areas listed in Table 1 of this section
upon written notice to the Regional Administrator for EPA-Region I and the appropriate
state agency. Such written notice will be provided at least ten days prior to the effective
date of any such changes.
(k) Generators in the Commonwealth of Massachusetts may comply with the State
regulations regarding Class A recyclable materials in 310 C.M.R. 30.200, when
authorized by the EPA under 40 CFR part 271, with respect to those recyclable materials
and matters covered by the authorization, instead of complying with the hazardous waste
accumulation requirements of § 262.34, the reporting requirements of § 262.41, the
storage facility operator requirements of 40 CFR parts 264 and 265 and the permitting
requirements of 40 CFR part 270. Such generators must also comply with any other
applicable requirements, including any applicable authorized State regulations governing
hazardous wastes not being recycled and any applicable Federal requirements which are
being directly implemented by the EPA within Massachusetts pursuant to the Hazardous
and Solid Waste Amendments of 1984.
NOTE 1: The provisions of § 262.34 are applicable to the on-site accumulation of
hazardous waste by generators. Therefore, the provisions of § 262.34 only apply to
owners or operators who are shipping hazardous waste which they generated at that
facility.
NOTE 2: A generator who treats, stores, or disposes of hazardous waste on-site must
comply with the applicable standards and permit requirements set forth in 40 CFR parts
264, 265, 266, 268, and 270. [45 FR 33142, May 19, 1980, as amended at 45 FR 86970,
Dec. 31, 1980; 47 FR 1251, Jan. 11, 1982; 48 FR 14294, Apr. 1, 1983; 53 FR 27164, July
19, 1988; 56 FR 3877, Jan. 31, 1991; 60 FR 25541, May 11, 1995; 61 FR 16309, Apr. 12,
1996; 62 FR 6651, Feb. 12, 1997; 64 FR 52392, Sept. 28,1999; 69 FR 11813, Mar. 12,
2004]
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Generator Status Determination
§261.5 (c) and (d): Generator status determination
(c) When making the quantity determinations of this part and 40 CFR part 262, the
generator must include all hazardous waste that it generates, except hazardous waste that:
(1) Is exempt from regulation under 40 CFR 261.4(c) through (f), 26L6(a)(3),
26L7(a)(l), or26L8;or
(2) Is managed immediately upon generation only in on-site elementary neutralization
units, wastewater treatment units, or totally enclosed treatment facilities as defined in 40
CFR 260.10: or
(3) Is recycled, without prior storage or accumulation, only in an on-site process subject
to regulation under 40 CFR 26L6(c)(2); or
(4) Is used oil managed under the requirements of 40 CFR 26L6(a)(4) and 40 CFR part
279: or
(5) Is spent lead-acid batteries managed under the requirements of 40 CFR part 266,
subpart G; or
(6) Is universal waste managed under 40 CFR 261.9 and 40 CFR part 273.
(d) In determining the quantity of hazardous waste generated, a generator need not
include:
(1) Hazardous waste when it is removed from on-site storage; or
(2) Hazardous waste produced by on- site treatment (including reclamation) of his
hazardous waste, so long as the hazardous waste that is treated was counted once; or
(3) Spent materials that are generated, reclaimed, and subsequently reused on-site, so
long as such spent materials have been counted once.
Related Resources:
• Amount of Waste Generated Per Month Determines Generator Status
• Determining Generator Status By Including Wastes Collected at Satellite
Accumulation Areas
• Generator Quantity Determination for Mixtures
• Generator Quantity Determinations for F006 Listed Sludge (8/16/2002)
• Weight of Container for Quantity Determinations (6/1/1994)
• Elementary Neutralization Units
• Generator Counting Requirement for Solvent Stills
• Containment Buildings as Generator Accumulation Units
Hazardous Waste Determination
§ 262.11: Hazardous waste determination.
A person who generates a solid waste, as defined in 40 CFR 261.2, must determine if that
waste is a hazardous waste using the following method:
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(a) He should first determine if the waste is excluded from regulation under 40 CFR
261.4.
(b) He must then determine if the waste is listed as a hazardous waste in subpart D of 40
CFR part 261.
NOTE: Even if the waste is listed, the generator still has an opportunity under 40 CFR
260.22 to demonstrate to the Administrator that the waste from his particular facility or
operation is not a hazardous waste.
(c) For purposes of compliance with 40 CFR part 268, or if the waste is not listed in
subpart D of 40 CFR part 261, the generator must then determine whether the waste is
identified in subpart C of 40 CFR part 261 by either:
(1) Testing the waste according to the methods set forth in subpart C of 40 CFR part 261,
or according to an equivalent method approved by the Administrator under 40 CFR
260.21: or
(2) Applying knowledge of the hazard characteristic of the waste in light of the materials
or the processes used.
(d) If the waste is determined to be hazardous, the generator must refer to parts 261, 264,
265, 266, 268, and 273 of this chapter for possible exclusions or restrictions pertaining to
management of the specific waste. [45 FR 33142, May 19, 1980, as amended at 45 FR
76624, Nov. 19, 1980; 51 FR 40637, Nov. 7, 1986; 55 FR 22684, June 1, 1990; 56 FR
3877, Jan. 31, 1991; 60 FR 25541, May 11, 1995]
Related Resources:
• What Makes a Waste Hazardous?
• Waste Analysis at Facilities that Generate, Treat, Store, and Dispose of Hazardous
Waste: A Guidance Manual
• Policies Regarding Self-Certification of Non-Hazardous Waste
• Analytes to Look For When Performing RCRA Analysis
EPA ID Number
§ 262.12: EPA identification numbers.
(a) A generator must not treat, store, dispose of, transport, or offer for transportation,
hazardous waste without having received an EPA identification number from the
Administrator.
(b) A generator who has not received an EPA identification number may obtain one by
applying to the Administrator using EPA form 8700-12. Upon receiving the request the
Administrator will assign an EPA identification number to the generator.
(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.
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Related Resources:
• Managing Your Hazardous Waste: A Guide for Small Businesses
On-site Accumulation Time Limits
§ 262.34 Accumulation time.
(a) Except as provided in paragraphs (d), (e), and (f) of this section, a generator may
accumulate hazardous waste on-site for 90 days or less without a permit or without
having interim status, provided that:
(1) The waste is placed:
(i) In containers and the generator complies with the applicable requirements of subparts
I, AA, BB, and CC of 40 CFR part 265: and/or
(ii) In tanks and the generator complies with the applicable requirements of subparts J,
AA, BB, and CC of 40 CFR part 265 except §§265J97(c) and 265.200: and/or
(iii) On drip pads and the generator complies with subpart W of 40 CFR part 265 and
maintains the following records at the facility:
(A) A description of procedures that will be followed to ensure that all wastes are
removed from the drip pad and associated collection system at least once every 90 days;
and
(B) Documentation of each waste removal, including the quantity of waste removed from
the drip pad and the sump or collection system and the date and time of removal; and/or
(iv) In containment buildings and the generator complies with subpart DD of 40 CFR part
265, has placed its professional engineer certification that the building complies with the
design standards specified in 40 CFR 265.1101 in the facility's operating record no later
than 60 days after the date of initial operation of the unit. After February 18, 1993, PE
certification will be required prior to operation of the unit. The owner or operator shall
maintain the following records at the facility:
(A) A written description of procedures to ensure that each waste volume remains in the
unit for no more than 90 days, a written description of the waste generation and
management practices for the facility showing that they are consistent with respecting the
90 day limit, and documentation that the procedures are complied with; or
(B) Documentation that the unit is emptied at least once every 90 days.
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In addition, such a generator is exempt from all the requirements in subparts G and H of
40 CFR part 265. except for §§265.111 and 265.114.
(2) The date upon which each period of accumulation begins is clearly marked and
visible for inspection on each container;
(3) While being accumulated on-site, each container and tank is labeled or marked clearly
with the words, "Hazardous Waste"; and
(4) The generator complies with the requirements for owners or operators in Subparts C
and D in 40 CFR part 265. with §265.16. and with 40 CFR 268/7(a)(5).
Related Resources:
• Accumulation of Hazardous Waste in Tanks (90-day)
• Extension to Generator Accumulation Time Limits For Unforeseen, Temporary
Circumstances
• Generator Accumulation Time Requirements
• Frequently Asked Questions on Hazardous Waste Generator Requirements
• Classification and Possible Modification of the 90-Day Generator Rule
Consequences of Exceeding On-site Accumulation Time Limits
(b) A generator who accumulates hazardous waste for more than 90 days is an operator of
a storage facility and is subject to the requirements of 40 CFR parts 264 and 265 and the
permit requirements of 40 CFR part 270 unless he has been granted an extension to the
90-day period. Such extension may be granted by EPA if hazardous wastes must remain
on-site for longer than 90 days due to unforeseen, temporary, and uncontrollable
circumstances. An extension of up to 30 days may be granted at the discretion of the
Regional Administrator on a case-by-case basis.
Accumulation Requirements for Storage Units: Containers
Subpart I—Use and Management of Containers
§ 265.170: Applicability.
The regulations in this subpart apply to owners and operators of all hazardous waste
facilities that store containers of hazardous waste, except as§ 265.1 provides otherwise.
§ 265.171: Condition of containers.
If a container holding hazardous waste is not in good condition, or if it begins to leak, the
owner or operator must transfer the hazardous waste from this container to a container
that is in good condition, or manage the waste in some other way that complies with the
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requirements of this part.
§ 265.172: Compatibility of waste with container.
The owner or operator must use a container made of or lined with materials which will
not react with, and are otherwise compatible 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, except
when it is necessary to add or remove waste.
(b) A container holding hazardous waste must not be opened, handled, or stored in a
manner which may rupture the container or cause it to leak.
[Comment: Re-use of containers in transportation is governed by U.S. Department of
Transportation regulations, including those set forth in 49 CFR 173.28.1
[45 FR 33232, May 19, 1980, as amended at 45 FR 78529, Nov. 25, 1980]
§ 265.174: Inspections.
The owner or operator must inspect areas where containers are stored, at least weekly,
looking for leaks and for deterioration caused by corrosion or other factors.
[Comment: See § 265.171 for remedial action required if deterioration or leaks are
detected.]
§ 265.175: [Reserved]
§ 265.176: Special requirements for ignitable or reactive waste.
Containers holding ignitable or reactive waste must be located at least 15 meters (50 feet)
from the facility's property line.
[Comment: See § 265.17(a) for additional requirements.]
§ 265.177: Special requirements for incompatible wastes.
(a) Incompatible wastes, or incompatible wastes and materials, (see appendix V for
examples) must not be placed in the same container, unless § 265.17(b) is complied with.
(b) Hazardous waste must not be placed in an unwashed container that previously held an
incompatible waste or material (see appendix V for examples), unless § 265.17(b) is
complied with.
(c) A storage container holding a hazardous waste that is incompatible with any waste or
other materials stored nearby in other containers, piles, open tanks, or surface
impoundments must be separated from the other materials or protected from them by
means of a dike, berm, wall, or other device.
[Comment: The purpose of this is to prevent fires, explosions, gaseous emissions,
leaching, or other discharge of hazardous waste or hazardous waste constituents which
could result from the mixing of incompatible wastes or materials if containers break or
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leak.]
§ 265.178: Air emission standards.
The owner or operator shall manage all hazardous waste placed in a container in
accordance with the applicable requirements of subparts AA, BB, and CC of this part.
[61 FR 59968, Nov. 25, 1996]
Related Resources:
• Hazardous Waste Container Storage Requirements
• Treating Wastes in Generators Accumulation Tanks and Containers
• Containers Storing Hazardous Waste, Requirements
• Containers for Safe and Economical Storage, Transport, and Disposal of
Hazardous Waste
• LQG Compliance with Part 265
Accumulation Requirements for Storage Units: Tanks
Subpart J- Tank Systems
Source: 51 FR 25479, July 14, 1986, unless otherwise noted.
§ 265.190: Applicability.
The requirements of this subpart apply to owners and operators of facilities that use tank
systems for storing or treating hazardous waste except as otherwise provided in
paragraphs (a), (b), and (c) of this section or in § 265.1 of this part.
(a) Tank systems that are used to store or treat hazardous waste which contains no free
liquids and are situated inside a building with an impermeable floor are exempted from
the requirements in § 265.193. To demonstrate the absence or presence of free liquids in
the stored/treated waste, the following test must be used: Method 9095B (Paint Filter
Liquids Test) as described in "Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods," EPA Publication SW-846, as incorporated by reference in
§ 260.11 of this chapter.
(b) Tank systems, including sumps, as defined in § 260.10, that serve as part of a
secondary containment system to collect or contain releases of hazardous wastes are
exempted from the requirements in § 265.193(a). (c) Tanks, sumps, and other collection
devices used in conjunction with drip pads, as defined in § 260.10 of this chapter and
regulated under 40 CFR part 265 subpart W, must meet the requirements of this subpart.
§ 265.191: Assessment of existing tank system's integrity.
a) For each existing tank system that does not have secondary containment meeting the
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requirements of §265.193, the owner or operator must determine that the tank system is
not leaking or is unfit for use. Except as provided in paragraph (c) of this section, the
owner or operator must obtain and keep on file at the facility a written assessment
reviewed and certified by a qualified Professional Engineer in accordance with
§270JJ_(d) of this chapter, that attests to the tank system's integrity by January 12, 1988.
(b) This assessment must determine that the tank system is adequately designed and has
sufficient structural strength and compatibility with the waste(s) to be stored or treated to
ensure that it will not collapse, rupture, or fail. At a minimum, this assessment must
consider the following:
(1) Design standard(s), if available, according to which the tank and ancillary equipment
were constructed;
(2) Hazardous characteristics of the waste(s) that have been or will be handled;
(3) Existing corrosion protection measures;
(4) Documented age of the tank system, if available, (otherwise, an estimate of the age);
and
(5) Results of a leak test, internal inspection, or other tank integrity examination such
that:
(i) For non-enterable underground tanks, this assessment must consist of a leak test that is
capable of taking into account the effects of temperature variations, tank end deflection,
vapor pockets, and high water table effects,
(ii) For other than non-enterable underground tanks and for ancillary equipment, this
assessment must be either a leak test, as described above, or an internal inspection and/or
other tank integrity examination certified by a qualified Professional Engineer in
accordance with §270JJ_(d) of this chapter that addresses cracks, leaks, corrosion, and
erosion.
[NOTE: The practices described in the American Petroleum Institute (API) Publication,
Guide for Inspection of Refinery Equipment, Chapter XIII, "Atmospheric and Low-
Pressure Storage Tanks," 4th edition, 1981, may be used, where applicable, as guidelines
in conducting the integrity examination of an other than non-enterable underground tank
system.]
(c) Tank systems that store or treat materials that become hazardous wastes subsequent to
July 14, 1986 must conduct this assessment within 12 months after the date that the waste
becomes a hazardous waste.
(d) If, as a result of the assessment conducted in accordance with paragraph (a) of this
section, a tank system is found to be leaking or unfit for use, the owner or operator must
comply with the requirements of § 265.196.
[51 FR 25479, July 14, 1986, as amended at 71 FR 16910, Apr. 4, 2006]
§ 265.192: Design and installation of new tank systems or components.
(a) Owners or operators of new tank systems or components must ensure that the
foundation, structural support, seams, connections, and pressure controls (if applicable)
are adequately designed and that the tank system has sufficient structural strength,
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compatibility with the waste(s) to be stored or treated, and corrosion protection so that it
will not collapse, rupture, or fail. The owner or operator must obtain a written assessment
reviewed and certified by a qualified Professional Engineer in accordance with
§270JJ_(d) of this chapter attesting that the system has sufficient structural integrity and
is acceptable for the storing and treating of hazardous waste. This assessment must
include the following information:
(1) Design standard(s) according to which the tank(s) and ancillary equipment is or will
be constructed.
(2) Hazardous characteristics of the waste(s) to be handled.
(3) For new tank systems or components in which the external shell of a metal tank or
any external metal component of the tank system is or will be in contact with the soil or
with water,
a determination by a corrosion expert of:
(i) Factors affecting the potential for corrosion, including but not limited to:
(A) Soil moisture content;
(B) Soil pH;
(C) Soil sulfides level;
(D) Soil resistivity;
(E) Structure to soil potential;
(F) Influence of nearby underground metal structures (e.g., piping);
(G) Stray electric current; and,
(H) Existing corrosion-protection measures (e.g., coating, cathodic protection), and
(ii) The type and degree of external corrosion protection that are needed to ensure the
integrity of the tank system during the use of the tank system or component, consisting of
one or more of the following:
(A) Corrosion-resistant materials of construction such as special alloys or fiberglass-
reinforced plastic;
(B) Corrosion-resistant coating (such as epoxy or fiberglass) with cathodic protection
(e.g., impressed current or sacrificial anodes); and
(C) Electrical isolation devices such as insulating joints and flanges.
NOTE: The practices described in the National Association of Corrosion Engineers
(NACE) standard, "Recommended Practice (RP-02-85)—Control of External Corrosion
on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems," and the
American Petroleum Institute (API) Publication 1632, "Cathodic Protection of
Underground Petroleum Storage Tanks and Piping Systems," may be used, where
applicable, as guidelines in providing corrosion protection for tank systems.
(4) For underground tank system components that are likely to be affected by vehicular
traffic, a determination of design or operational measures that will protect the tank system
against potential damage; and
(5) Design considerations to ensure that:
(i) Tank foundations will maintain the load of a full tank;
(ii) Tank systems will be anchored to prevent flotation or dislodgement where the tank
system is placed in a saturated zone, or is located within a seismic fault zone; and
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(iii) Tank systems will withstand the effects of frost heave.
(b) The owner or operator of a new tank system must ensure that proper handling
procedures are adhered to in order to prevent damage to the system during installation.
Prior to covering, enclosing, or placing a new tank system or component in use, an
independent, qualified installation inspector or a qualified Professional Engineer, either
of whom is trained and experienced in the proper installation of tank systems, must
inspect the system or component for the presence of any of the following items:
(1) Weld breaks;
(2) Punctures;
(3) Scrapes of protective coatings;
(4) Cracks;
(5) Corrosion;
(6) Other structural damage or inadequate construction or installation. All discrepancies
must be remedied before the tank system is covered, enclosed, or placed in use.
(c) New tank systems or components and piping that are placed underground and that are
backfilled must be provided with a backfill material that is a noncorrosive, porous,
homogeneous substance and that is carefully installed so that the backfill is placed
completely around the tank and compacted to ensure that the tank and piping are fully
and uniformly supported.
(d) All new tanks and ancillary equipment must be tested for tightness prior to being
covered, enclosed or placed in use. If a tank system is found not to be tight, all repairs
necessary to remedy the leak(s) in the system must be performed prior to the tank system
being covered, enclosed, or placed in use.
(e) Ancillary equipment must be supported and protected against physical damage and
excessive stress due to settlement, vibration, expansion or contraction.
NOTE: The piping system installation procedures described in American Petroleum
Institute (API) Publication 1615 (November 1979), "Installation of Underground
Petroleum Storage Systems," or ANSI Standard B31.3, "Petroleum Refinery System,"
may be used, where applicable, as guidelines for proper installation of piping systems.
(f) The owner or operator must provide the type and degree of corrosion protection
necessary, based on the information provided under paragraph (a)(3) of this section, to
ensure the integrity of the tank system during use of the tank system. The installation of a
corrosion protection system that is field fabricated must be supervised by an independent
corrosion expert to ensure proper installation.
(g) The owner or operator must obtain and keep on file at the facility written statements
by those persons required to certify the design of the tank system and supervise the
installation of the tank system in accordance with the requirements of paragraphs (b)
through (f) of this section to attest that the tank system was properly designed and
installed and that repairs, pursuant to paragraphs (b) and (d) of this section were
performed. These written statements must also include the certification statement as
required in § 270.11(d) of this chapter.
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[51 FR 25479, July 14, 1986; 51 FR 29430, Aug. 15, 1986; 71 FR 16910, Apr. 4, 2006]
§ 265.193: Containment and detection of releases.
(a) In order to prevent the release of hazardous waste or hazardous constituents to the
environment, secondary containment that meets the requirements of this section must be
provided (except as provided in paragraphs (f) and (g) of this section):
(1) For all new and existing tank systems or components, prior to their being put into
service.
(2) For tank systems that store or treat materials that become hazardous wastes, within 2
years of the hazardous waste listing, or when the tank system has reached 15 years of age,
whichever comes later.
(b) Secondary containment systems must be:
(1) Designed, installed, and operated to prevent any migration of wastes or accumulated
liquid out of the system to the soil, ground water, or surface water at any time during the
use of the tank system; and
(2) Capable of detecting and collecting releases and accumulated liquids until the
collected material is removed.
(c) To meet the requirements of paragraph (b) of this section, secondary containment
systems must be at a minimum:
(1) Constructed of or lined with materials that are compatible with the waste(s) to be
placed in the tank system and must have sufficient strength and thickness to prevent
failure due to pressure gradients (including static head and external hydrological forces),
physical contact with the waste to which they are exposed, climatic conditions, the stress
of installation, and the stress of daily operation (including stresses from nearby vehicular
traffic);
(2) Placed on a foundation or base capable of providing support to the secondary
containment system and resistance to pressure gradients above and below the system and
capable of preventing failure due to settlement, compression, or uplift;
(3) Provided with a leak detection system that is designed and operated so that it will
detect the failure of either the primary and secondary containment structure or any release
of hazardous waste or accumulated liquid in the secondary containment system within 24
hours, or at the earliest practicable time if the existing detection technology or site
conditions will not allow detection of a release within 24 hours;
(4) Sloped or otherwise designed or operated to drain and remove liquids resulting from
leaks, spills, or precipitation. Spilled or leaked waste and accumulated precipitation must
be removed from the secondary containment system within 24 hours, or in as timely a
manner as is possible to prevent harm to human health or the environment, if removal of
the released waste or accumulated precipitation cannot be accomplished within 24 hours.
NOTE: If the collected material is a hazardous waste under part 261 of this chapter, it is
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subject to management as a hazardous waste in accordance with all applicable
requirements of parts 262 through 265 of this chapter. If the collected material is
discharged through a point source to waters of the United States, it is subject to the
requirements of sections 301, 304, and 402 of the Clean Water Act, as amended. If
discharged to Publicly Owned Treatment Works (POTWs), it is subject to the
requirements of section 307 of the Clear Water Act, as amended. If the collected material
is released to the environment, it may be subject to the reporting requirements of 40 CFR
Part 302.
(d) Secondary containment for tanks must include one or more of the following devices:
(1) A liner (external to the tank);
(2) A vault;
(3) A double-walled tank; or
(4) An equivalent device as approved by the Regional Administrator.
(e) In addition to the requirements of paragraphs (b), (c), and (d) of this section,
secondary containment systems must satisfy the following requirements:
(1) External liner systems must be:
(i) Designed or operated to contain 100 percent of the capacity of the largest tank within
its boundary;
(ii) Designed or operated to prevent run-on or infiltration of precipitation into the
secondary containment system unless the collection system has sufficient excess capacity
to contain run-on or infiltration. Such additional capacity must be sufficient to contain
precipitation from a 25-year, 24-hour rainfall event;
(iii) Free of cracks or gaps; and
(iv) Designed and installed to completely surround the tank and to cover all surrounding
earth likely to come into contact with the waste if released from the tank(s) (i.e., capable
of preventing lateral as well as vertical migration of the waste).
(2) Vault systems must be: (i) Designed or operated to contain 100 percent of the
capacity of the largest tank within its boundary;
(ii) Designed or operated to prevent run-on or infiltration of precipitation into the
secondary containment system unless the collection system has sufficient excess capacity
to contain run-on or infiltration. Such additional capacity must be sufficient to contain
precipitation from a 25-year, 24-hour rainfall event;
(iii) Constructed with chemical-resistant water stops in place at all joints (if any);
(iv) Provided with an impermeable interior coating or lining that is compatible with the
stored waste and that will prevent migration of waste into the concrete;
(v) Provided with a means to protect against the formation of and ignition of vapors
within the vault, if the waste being stored or treated:
(A) Meets the definition of ignitable waste under § 261.21 of this chapter, or
(B) Meets the definition of reactive waste under § 261.23 of this chapter and may form an
ignitable or explosive vapor; and
(vi) Provided with an exterior moisture barrier or be otherwise designed or operated to
prevent migration of moisture into the vault if the vault is subject to hydraulic pressure.
(3) Double-walled tanks must be:
(i) Designed as an integral structure (i.e., an inner tank within an outer shell) so that any
release from the inner tank is contained by the outer shell;
(ii) Protected, if constructed of metal, from both corrosion of the primary tank interior
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and the external surface of the outer shell; and
(iii) Provided with a built-in, continuous leak detection system capable of detecting a
release within 24 hours or at the earliest practicable time, if the owner or operator can
demonstrate to the Regional Administrator, and the Regional Administrator concurs, that
the existing leak detection technology or site conditions will not allow detection of a
release within 24 hours.
NOTE: The provisions outlined in the Steel Tank Institute's (STI) "Standard for Dual
Wall Underground Steel Storage Tank" may be used as guidelines for aspects of the
design of underground steel double-walled tanks.
(f) Ancillary equipment must be provided with full secondary containment (e.g., trench,
jacketing, double-walled piping) that meets the requirements of paragraphs (b) and (c) of
this section except for:
(1) Aboveground piping (exclusive of flanges, joints, valves, and connections) that are
visually inspected for leaks on a daily basis;
(2) Welded flanges, welded joints, and welded connections that are visually inspected for
leaks on a daily basis;
(3) Sealless or magnetic coupling pumps and sealless valves, that are visually inspected
for leaks on a daily basis; and
(4) Pressurized aboveground piping systems with automatic shut-off devices (e.g., excess
flow check valves, flow metering shutdown devices, loss of pressure actuated shut-off
devices) that are visually inspected for leaks on a daily basis.
(g) The owner or operator may obtain a variance from the requirements of this Section if
the Regional Administrator finds, as a result of a demonstration by the owner or operator,
either: that alternative design and operating practices, together with location
characteristics, will prevent the migration of hazardous waste or hazardous constituents
into the ground water or surface water at least as effectively as secondary containment
during the active life of the tank system or that in the event of a release that does migrate
to ground water or surface water, no substantial present or potential hazard will be posed
to human health or the environment. New underground tank systems may not, per a
demonstration in accordance with paragraph (g)(2) of this section, be exempted from the
secondary containment requirements of this section. Application for a variance as
allowed in paragraph (g) of this section does not waive compliance with the requirements
of this subpart for new tank systems.
(1) In deciding whether to grant a variance based on a demonstration of equivalent
protection of ground water and surface water, the Regional Administrator will consider:
(i) The nature and quantity of the waste;
(ii) The proposed alternate design and operation;
(iii) The hydrogeologic setting of the facility, including the thickness of soils between the
tank system and ground water; and
(iv) All other factors that would influence the quality and mobility of the hazardous
constituents and the potential for them to migrate to ground water or surface water.
(2) In deciding whether to grant a variance, based on a demonstration of no substantial
present or potential hazard, the Regional Administrator will consider:
(i) The potential adverse effects on ground water, surface water, and land quality taking
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into account:
(A) The physical and chemical characteristics of the waste in the tank system, including
its potential for migration,
(B) The hydrogeological characteristics of the facility and surrounding land,
(C) The potential for health risks caused by human exposure to waste constituents,
(D) The potential for damage to wildlife, crops, vegetation, and physical structures
caused by exposure to waste constituents, and
(E) The persistence and permanence of the potential adverse effects;
(ii) The potential adverse effects of a release on ground-water quality, taking into
account:
(A) The quantity and quality of ground water and the direction of ground-water flow,
(B) The proximity and withdrawal rates of water in the area,
(C) The current and future uses of ground water in the area, and
(D) The existing quality of ground water, including other sources of contamination and
their cumulative impact on the ground-water quality;
(iii) The potential adverse effects of a release on surface water quality, taking into
account:
(A) The quantity and quality of ground water and the direction of ground-water flow,
(B) The patterns of rainfall in the region,
(C) The proximity of the tank system to surface waters,
(D) The current and future uses of surface waters in the area and any water quality
standards established for those surface waters, and
(E) The existing quality of surface water, including other sources of contamination and
the cumulative impact on surface-water quality; and
(iv) The potential adverse effects of a release on the land surrounding the tank system,
taking into account:
(A) The patterns of rainfall in the region, and
(B) The current and future uses of the surrounding land.
(3) The owner or operator of a tank system, for which a variance from secondary
containment had been granted in accordance with the requirements of paragraph (g)(l) of
this section, at which a release of hazardous waste has occurred from the primary tank
system but has not migrated beyond the zone of engineering control (as established in the
variance), must:
(i) Comply with the requirements of § 265.196, except paragraph (d); and
(ii) Decontaminate or remove contaminated soil to the extent necessary to:
(A) Enable the tank system, for which the variance was granted, to resume operation with
the capability for the detection of and response to releases at least equivalent to the
capability it had prior to the release, and
(B) Prevent the migration of hazardous waste or hazardous constituents to ground water
or surface water; and
(iii) If contaminated soil cannot be removed or decontaminated in accordance with
paragraph (g)(3)(ii) of this section, comply with the requirements of § 265.197(b);
(4) The owner or operator of a tank system, for which a variance from secondary
containment had been granted in accordance with the requirements of paragraph (g)(l) of
this section, at which a release of hazardous waste has occurred from the primary tank
system and has migrated beyond the zone of engineering control (as established in the
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variance), must:
(i) Comply with the requirements of § 265.196(a), (b), (c), and (d); and
(ii) Prevent the migration of hazardous waste or hazardous constituents to ground water
or surface water, if possible, and decontaminate or remove contaminated soil. If
contaminated soil cannot be decontaminated or removed, or if ground water has been
contaminated, the owner or operator must comply with the requirements of § 265.197(b):
(iii) If repairing, replacing, or reinstalling the tank system, provide secondary
containment in accordance with the requirements of paragraphs (a) through (f) of this
section or reapply for a variance from secondary containment and meet the requirements
for new tank systems in § 265.192 if the tank system is replaced. The owner or operator
must comply with these requirements even if contaminated soil can be decontaminated or
removed, and ground water or surface water has not been contaminated.
(h) The following procedures must be followed in order to request a variance from
secondary containment:
(1) The Regional Administrator must be notified in writing by the owner or operator that
he intends to conduct and submit a demonstration for a variance from secondary
containment as allowed in paragraph (g) of this section according to the following
schedule:
(i) For existing tank systems, at least 24 months prior to the date that secondary
containment must be provided in accordance with paragraph (a) of this section; and
(ii) For new tank systems, at least 30 days prior to entering into a contract for installation
of the tank system.
(2) As part of the notification, the owner or operator must also submit to the Regional
Administrator a description of the steps necessary to conduct the demonstration and a
timetable for completing each of the steps. The demonstration must address each of the
factors listed in paragraph (g)(l) or paragraph (g)(2) of this section.
(3) The demonstration for a variance must be completed and submitted to the Regional
Administrator within 180 days after notifying the Regional Administrator of intent to
conduct the demonstration.
(4) The Regional Administrator will inform the public, through a newspaper notice, of
the availability of the demonstration for a variance. The notice shall be placed in a daily
or weekly major local newspaper of general circulation and shall provide at least 30 days
from the date of the notice for the public to review and comment on the demonstration for
a variance. The Regional Administrator also will hold a public hearing, in response to a
request or at his own discretion, whenever such a hearing might clarify one or more
issues concerning the demonstration for a variance. Public notice of the hearing will be
given at least 30 days prior to the date of the hearing and may be given at the same time
as notice of the opportunity for the public to review and comment on the demonstration.
These two notices may be combined.
(5) The Regional Administrator will approve or disapprove the request for a variance
within 90 days of receipt of the demonstration from the owner or operator and w ill notify
in writing the owner or operator and each person who submitted written comments or
requested notice of the variance decision. If the demonstration for a variance is
incomplete or does not include sufficient information, the 90-day time period will begin
when the Regional Administrator receives a complete demonstration, including all
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information necessary to make a final determination. If the public comment period in
paragraph (h)(4) of this section is extended, the 90-day time period will be similarly
extended.
(i) All tank systems, until such time as secondary containment meeting the requirements
of this section is provided, must comply with the following:
(1) For non-enterable underground tanks, a leak test that meets the requirements of
§265.191(b)(5) must be conducted at least annually;
(2) For other than non-enterable underground tanks, and for all ancillary equipment, the
owner or operator must either conduct a leak test as in paragraph (i)(l) of this section or
an internal inspection or other tank integrity examination by a qualified Professional
Engineer that addresses cracks, leaks, and corrosion or erosion at least annually. The
owner or operator must remove the stored waste from the tank, if necessary, to allow the
condition of all internal tank surfaces to be assessed.
NOTE: The practices described in the American Petroleum Institute (API) Publication
Guide for Inspection of Refining Equipment, Chapter XIII, "Atmospheric and Low
Pressure Storage Tanks," 4th edition, 1981, may be used, when applicable, as guidelines
for assessing the overall condition of the tank system.
(3) The owner or operator must maintain on file at the facility a record of the results of
the assessments conducted in accordance with paragraphs (i)(l) through (i)(3) of this
section.
(4) If a tank system or component is found to be leaking or unfit-for-use as a result of the
leak test or assessment in paragraphs (i)(l) through (i)(3) of this section, the owner or
operator must comply with the requirements of § 265.196.
[51FR 25479, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at 53 FR 34087,
Sept. 2, 1988; 71 FR 16910, Apr. 4, 2006; 71 FR 40275, July 14, 2006]
§ 265.194: General operating requirements.
(a) Hazardous wastes or treatment reagents must not be placed in a tank system if they
could cause the tank, its ancillary equipment, or the secondary containment system to
rupture, leak, corrode, or otherwise fail.
(b) The owner or operator must use appropriate controls and practices to prevent spills
and overflows from tank or secondary containment systems. These include at a
minimum:
(1) Spill prevention controls (e.g., check valves, dry disconnect couplings);
(2) Overfill prevention controls (e.g., level sensing devices, high level alarms, automatic
feed cutoff, or bypass to a standby tank); and
(3) Maintenance of sufficient freeboard in uncovered tanks to prevent overtopping by
wave or wind action or by precipitation.
(c) The owner or operator must comply with the requirements of § 265.196 if a leak or
spill occurs in the tank system.
[51 FR 25479, July 14, 1986, as amended at 71 FR 40275, July 14, 2006]
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§ 265.195: Inspections.
(a) The owner or operator must inspect, where present, at least once each operating day,
data gathered from monitoring and leak detection equipment (e.g., pressure or
temperature gauges, monitoring wells) to ensure that the tank system is being operated
according to its design.
(1) Overfill/spill control equipment (e.g., waste-feed cutoff systems, bypass systems, and
drainage systems) to ensure that it is in good working order;
(2) The aboveground portions of the tank system, if any, to detect corrosion or releases of
waste;
(3) Data gathered from monitoring equipment and leak-detection equipment, (e.g.,
pressure and temperature gauges, monitoring wells) to ensure that the tank system is
being operated according to its design; and
(4) The construction materials and the area immediately surrounding the externally
accessible portion of the tank system including secondary containment structures (e.g.,
dikes) to detect erosion or signs of releases of hazardous waste (e.g., wet spots, dead
vegetation);
NOTE: Section 265.15(c) requires the owner or operator to remedy any deterioration or
malfunction he finds. Section 265.196 requires the owner or operator to notify the
Regional Administrator within 24 hours of confirming a release. Also, 40 CFR part 302
may require the owner or operator to notify the National Response Center of a release.
(b) Except as noted under the paragraph (c) of this section, the owner or operator must
inspect at least once each operating day:
(1) Overfill/spill control equipment (e.g., waste-feed cutoff systems, bypass systems, and
drainage systems) to ensure that it is in good working order;
(2) Above ground portions of the tank system, if any, to detect corrosion or releases of
waste; and
(3) The construction materials and the area immediately surrounding the externally
accessible portion of the tank system, including the secondary containment system (e.g.,
dikes) to detect erosion or signs of releases of hazardous waste (e.g., wet spots, dead
vegetation).
(c) Owners or operators of tank systems that either use leak detection equipment to alert
facility personnel to leaks, or implement established workplace practices to ensure leaks
are promptly identified, must inspect at least weekly those areas described in paragraphs
(b)(l) through (3) of this section. Use of the alternate inspection schedule must be
documented in the facility's operating record. This documentation must include a
description of the established workplace practices at the facility.
(d) Performance Track member facilities may inspect on a less frequent basis, upon
approval by the Director, but must inspect at least once each month. To apply for a less
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than weekly inspection frequency, the Performance Track member facility must follow
the procedures described in §265J_5(b)(5).
(e) Ancillary equipment that is not provided with secondary containment, as described in
§265.193(f)(l) through (4), must be inspected at least once each operating day.
(f) The owner or operator must inspect cathodic protection systems, if present, according
to, at a minimum, the following schedule to ensure that they are functioning properly:
(1) The proper operation of the cathodic protection system must be confirmed within six
months after initial installation, and annually thereafter; and
(2) All sources of impressed current must be inspected and/or tested, as appropriate, at
least bimonthly (i.e., every other month).
Note: The practices described in the National Association of Corrosion Engineers
(NACE) standard, "Recommended Practice (RP-02-85)—Control of External Corrosion
on Metallic Buried, Partially Buried, or Submerged Liquid Storage Systems," and the
American Petroleum Institute (API) Publication 1632, "Cathodic Protection of
Underground Petroleum Storage Tanks and Piping Systems," may be used, where
applicable, as guidelines in maintaining and inspecting cathodic protection systems.
(g) The owner or operator must document in the operating record of the facility an
inspection of those items in paragraphs (a) and (b) of this section.
[51FR 25479, July 14, 1986; 51 FR 29430, Aug. 15, 1986, as amended at 71 FR 16910,
Apr. 4, 2006]
§ 265.196: Response to leaks or spills and disposition of leaking or unfit-for-use tank
systems.
A tank system or secondary containment system from which there has been a leak or
spill, or which is unfit for use, must be removed from service immediately, and the owner
or operator must satisfy the following requirements:
(a) Cessation of use; prevent flow or addition of wastes. The owner or operator must
immediately stop the flow of hazardous waste into the tank system or secondary
containment system and inspect the system to determine the cause of the release.
(b) Removal of waste from tank system or secondary containment system. (1) If the
release was from the tank system, the owner or operator must, within 24 hours after
detection of the leak or, if the owner or operator demonstrates that that is not possible, at
the earliest practicable time remove as much of the waste as is necessary to prevent
further release of hazardous waste to the environment and to allow inspection and repair
of the tank system to be performed.
(2) If the release was to a secondary containment system, all released materials must be
removed within 24 hours or in as timely a manner as is possible to prevent harm to
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human health and the environment.
(c) Containment of visible releases to the environment. The owner or operator must
immediately conduct a visual inspection of the release and, based upon that inspection:
(1) Prevent further migration of the leak or spill to soils or surface water; and
(2) Remove, and properly dispose of, any visible contamination of the soil or surface
water.
(d) Notifications, reports.
(1) Any release to the environment, except as provided in paragraph (d)(2) of this section,
must be reported to the Regional Administrator within 24 hours of detection. If the
release has been reported pursuant to 40 CFR part 302, that report will satisfy this
requirement.
(2) A leak or spill of hazardous waste that is:
(i) Less than or equal to a quantity of one (1) pound, and
(ii) Immediately contained and cleaned-up is exempted from the requirements of this
paragraph.
(3) Within 30 days of detection of a release to the environment, a report containing the
following information must be submitted to the Regional Administrator:
(i) Likely route of migration of the release;
(ii) Characteristics of the surrounding soil (soil composition, geology, hydrogeology,
climate);
(iii) Results of any monitoring or sampling conducted in connection with the release, (if
available). If sampling or monitoring data relating to the release are not available within
30 days, these data must be submitted to the Regional Administrator as soon as they
become available;
(iv) Proximity to down gradient drinking water, surface water, and population areas; and
(v) Description of response actions taken or planned.
(e) Provision of secondary containment, repair, or closure.
(1) Unless the owner or operator satisfies the requirements of paragraphs (e) (2) through
(4) of this section, the tank system must be closed in accordance with § 265.197.
(2) If the cause of the release was a spill that has not damaged the integrity of the system,
the owner/operator may return the system to service as soon as the released waste is
removed and repairs, if necessary, are made.
(3) If the cause of the release was a leak from the primary tank system into the secondary
containment system, the system must be repaired prior to returning the tank system to
service.
(4) If the source of the release was a leak to the environment from a component of a tank
system without secondary containment, the owner/operator must provide the component
of the system from which the leak occurred with secondary containment that satisfies the
requirements of § 265.193 before it can be returned to service, unless the source of the
leak is an aboveground portion of a tank system. If the source is an aboveground
component that can be inspected visually, the component must be repaired and may be
returned to service without secondary containment as long as the requirements of
paragraph (f) of this section are satisfied. If a component is replaced to comply with the
requirements of this subparagraph, that component must satisfy the requirements for new
tank systems or components in §§ 265.192 and 265.193. Additionally, if a leak has
occurred in any portion of a tank system component that is not readily accessible for
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visual inspection (e.g., the bottom of an inground or onground tank), the entire
component must be provided with secondary containment in accordance with § 265.193
prior to being returned to use.
f) Certification of major repairs. If the owner/operator has repaired a tank system in
accordance with paragraph (e) of this section, and the repair has been extensive (e.g.,
installation of an internal liner; repair of a ruptured primary containment or secondary
containment vessel), the tank system must not be returned to service unless the
owner/operator has obtained a certification by a qualified Professional Engineer in
accordance with §270JJ_(d) that the repaired system is capable of handling hazardous
wastes without release for the intended life of the system. This certification is to be
placed in the operating record and maintained until closure of the facility.
NOTE: The Regional Administrator may, on the basis of any information received that
there is or has been a release of hazardous waste or hazardous constituents into the
environment, issue an order under RCRA section 3004(v), 3008(h), or 7003(a) requiring
corrective action or such other response as deemed necessary to protect human health or
the environment.
NOTE: See § 265.15(c) for the requirements necessary to remedy a failure. Also, 40 CFR
Part 302 requires the owner or operator to notify the National Response Center of a
release of any "reportable quantity."
[51FR 25479, July 14, 1986, as amended at 53 FR 34087, Sept. 2, 1988; 71 FR 16911,
Apr. 4, 2006]
§ 265.197 Closure and post-closure care.
(a) At closure of a tank system, the owner or operator must remove or decontaminate all
waste residues, contaminated containment system components (liners, etc.), contaminated
soils, and structures and equipment contaminated with waste, and manage them as
hazardous waste, unless §26L3_(d) of this Chapter applies. The closure plan, closure
activities, cost estimates for closure, and financial responsibility for tank systems must
meet all of the requirements specified in subparts G and H of this part.
(b) If the owner or operator demonstrates that not all contaminated soils can be
practicably removed or decontaminated as required in paragraph (a) of this section, then
the owner or operator must close the tank system and perform post-closure care in
accordance with the closure and post-closure care requirements that apply to landfills
(§265.310). In addition, for the purposes of closure, post-closure, and financial
responsibility, such a tank system is then considered to be a landfill, and the owner or
operator must meet all of the requirements for landfills specified in subparts G and H of
this part.
(§ 265.197(c) is not applicable to Large Quantity Generators)
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(c) If an owner or operator has a tank system which does not have secondary containment
that meets the requirements of §265.193(b) through (f) and which is not exempt from the
secondary containment requirements in accordance with §265.193 (g), then,
(1) The closure plan for the tank system must include both a plan for complying with
paragraph (a) of this section and a contingent plan for complying with paragraph (b) of
this section.
(2) A contingent post-closure plan for complying with paragraph (b) of this section must
be prepared and submitted as part of the permit application.
(3) The cost estimates calculated for closure and post-closure care must reflect the costs
of complying with the contingent closure plan and the contingent post-closure plan, if
these costs are greater than the costs of complying with the closure plan prepared for the
expected closure under paragraph (a) of this section.
(4) Financial assurance must be based on the cost estimates in paragraph (c)(3) of this
section.
(5) For the purposes of the contingent closure and post-closure plans, such a tank system
is considered to be a landfill, and the contingent plans must meet all of the closure, post-
closure, and financial responsibility requirements for landfills under subparts G and H of
this part.
[51 FR 25479, July 14, 1986, as amended at 71 FR 40275, July 14, 2006]
§ 265.198: Special requirements for ignitable or reactive wastes.
(a) Ignitable or reactive waste must not be placed in a tank system, unless:
(1) The waste is treated, rendered, or mixed before or immediately after placement in the
tank system so that:
(i) The resulting waste, mixture, or dissolved material no longer meets the definition of
ignitable or reactive waste under §§ 261.21 or 261.23 of this chapter; and
(ii) Section 265.17(b) is complied with; or
(2) The waste is stored or treated in such a way that it is protected from any material or
conditions that may cause the waste to ignite or react; or
(3) The tank system is used solely for emergencies.
(b) The owner or operator of a facility where ignitable or reactive waste is stored or
treated in tanks must comply with the requirements for the maintenance of protective
distances between the waste management area and any public ways, streets, alleys, or an
adjoining property line that can be built upon as required in Tables 2-1 through 2-6 of
the National Fire Protection Association's "Flammable and Combustible Liquids Code,"
(1977 or 1981), (incorporated by reference, see § 260.11).
§ 265.199: Special requirements for incompatible wastes.
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(a) Incompatible wastes, or incompatible waste and materials, must not be placed in the
same tank system, unless § 265.17(b) is complied with.
(b) Hazardous waste must not be placed in a tank system that has not been
decontaminated and that previously held an incompatible waste or material, unless §
265.17(b) is complied with.
§ 265.200: Waste analysis and trial tests.
(§ 265.200 is not applicable to Large Quantity Generators)
In addition to performing the waste analysis required by § 265.13, the owner or operator
must, whenever a tank system is to be used to treat chemically or to store a hazardous
waste that is substantially different from waste previously treated or stored in that tank
system; or treat chemically a hazardous waste with a substantially different process than
any previously used in that tank system:
(a) Conduct waste analyses and trial treatment or storage tests (e.g., bench scale or pilot-
plant scale tests); or
(b) Obtain written, documented information on similar waste under similar operating
conditions to show that the proposed treatment or storage will meet the requirements of §
265.194(a).
NOTE: Section 265.13 requires the waste analysis plan to include analyses needed to
comply with §§ 265.198 and 265.199. Section 265.73 requires the owner or operator to
place the results from each waste analysis and trial test, or the documented information,
in the operating record of the facility.
§ 265.202: Air emission standards.
The owner or operator shall manage all hazardous waste placed in a tank in accordance
with the applicable requirements of subparts AA, BB, and CC of this part.
[61 FR 59968, Nov. 25, 1996]
Related Resources:
• Hazardous Waste Tanks Inspection Manual
• Hazardous Waste Tanks
• Hazardous Waste Tanks - Installation/Certification of Secondary Containment
• Hazardous Waste Tanks/Containers - Capacity of Secondary Containment
• Releases From 90 Day Accumulation Tanks
• Secondary Containment for Hazardous Waste Tanks
• Secondary Containment Systems for Hazardous Waste Tanks
• Hazardous Waste Tank - Leak Detection
• Tank Integrity Assessments
• Tanks Holding Hazardous Waste
• Integrity Assessment for Hazardous Waste Tanks and Post-Closure Requirements
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Accumulation of Hazardous Waste in Tanks (90-Day)
Inspections Requirements for Hazardous Waste Tanks
Tank Replacement
Start Dates on Large Quantity Generator Tanks
Clarification of Requirements for Secondary Containment Systems Associated
With Hazardous Waste Tanks
Turnover of Hazardous Wastes Stored in Generator Accumulation Tanks
LOG Compliance with Part 265
Satellite Accumulation
Note: Hazardous wastes stored in satellite accumulation areas have fewer regulatory
requirements than wastes stored in central accumulation areas by small and large quantity
generators. For a discussion of these reduced requirements, please see the following
memorandum: Frequently Asked Questions about Satellite Accumulation Areas
§262.34: Accumulation time.
(c)(l) A generator may accumulate as much as 55 gallons of hazardous waste or one
quart of acutely hazardous waste listed in § 261.33(e) in containers at or near any point of
generation where wastes initially accumulate, which is under the control of the operator
of the process generating the waste, without a permit or interim status and without
complying with paragraph (a) of this section provided he:
(i) Complies with §§ 265.171. 265.172. and 265.173 (a) of this chapter; and
(ii) Marks his containers either with the words "Hazardous Waste" or with other words
that identify the contents of the containers.
(2) A generator who accumulates either hazardous waste or acutely hazardous waste
listed in § 261.33(e) in excess of the amounts listed in paragraph (c)(l) of this section at
or near any point of generation must, with respect to that amount of excess waste, comply
within three days with paragraph (a) of this section or other applicable provisions of this
chapter. During the three day period the generator must continue to comply with
paragraphs (c)(l)(i) through (ii) of this section. The generator must mark the container
holding the excess accumulation of hazardous waste with the date the excess amount
began accumulating.
Related Resources:
• Clarification of Section 262.34(A) Accumulation Time for Excess of 55-Gallon
Limit in Satellite Accumulation Areas
• Frequently Asked Questions about Satellite Accumulation Areas
• Satellite Accumulation
• Satellite Accumulation Area and Regulations
• Cabinets as Satellite Accumulation Areas
• Clarification: Satellite Accumulation Provision
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Determining Generator Status by Including Wastes Collected at Satellite
Accumulation Areas
Clarification of the Satellite Accumulation Provision for Hazardous Waste
Generators
Clarification of Section 262.34(a) Accumulation Time for Excess of 55-Gallon
Limit in Satellite Accumulation Areas
Generator Satellite Accumulation/Counting Requirements
Satellite Accumulation Area Regulations
Regulations That Apply to Generators Who Accumulate Waste in Containers At
Or Near the Point of Generation
Marking and Labeling
§ 262.34: Accumulation time.
(a)(2) The date upon which each period of accumulation begins is clearly marked and
visible for inspection on each container;
(a)(3) While being accumulated on-site, each container and tank is labeled or marked
clearly with the words, "Hazardous Waste''; and... (Note: End of discussion on
labeling and marking)
Related Resources:
• Hazardous Waste Container Labeling Requirements
• Start Dates on Large Quantity Generator Tanks
Personnel Training
§ 265.16: Personnel training.
(a)(l) Facility personnel must successfully complete a program of classroom instruction
or on- the-job training that teaches them to perform their duties in a way that ensures the
facility's compliance with the requirements of this part. The owner or operator must
ensure that this program includes all the elements described in the document required
under paragraph (d)(3) of this section.
(2) This program must be directed by a person trained in hazardous waste management
procedures, and must include instruction which teaches facility personnel hazardous
waste management procedures (including contingency plan implementation) relevant to
the positions in which they are employed.
(3) At a minimum, the training program must be designed to ensure that facility
personnel are able to respond effectively to emergencies by familiarizing them with
emergency procedures, emergency equipment, and emergency systems, including where
applicable:
(i) Procedures for using, inspecting, repairing, and replacing facility emergency and
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monitoring equipment;
(ii) Key parameters for automatic waste feed cut-off systems;
(iii) Communications or alarm systems;
(iv) Response to fires or explosions;
(v) Response to ground-water contamination incidents; and
(vi) Shutdown of operations.
(4) For facility employees that receive emergency response training pursuant to
Occupational Safety and Health Administration (OSHA) regulations 29 CFR
1910.120(p)(8) and 1910.120(q), the facility is not required to provide separate
emergency response training pursuant to this section, provided that the overall facility
training meets all the requirements of this section.
(b) Facility personnel must successfully complete the program required in paragraph (a)
of this section within six months after the effective date of these regulations or six
months after the date of their employment or assignment to a facility, or to a new position
at a facility, whichever is later. Employees hired after the effective date of these
regulations must not work in unsupervised positions until they have completed the
training requirements of paragraph (a) of this section.
(c) Facility personnel must take part in an annual review of the initial training required in
paragraph (a) of this section.
(d) The owner or operator must maintain the following documents and records at the
facility:
(1) The job title for each position at the facility related to hazardous waste management,
and the name of the employee filling each job;
(2) A written job description for each position listed under paragraph (d)(l) of this
Section. This description may be consistent in its degree of specificity with descriptions
for other similar positions in the same company location or bargaining unit, but must
include the requisite skill, education, or other qualifications, and duties of facility
personnel assigned to each position;
(3) A written description of the type and amount of both introductory and continuing
training that will be given to each person filling a position listed under paragraph (d)(l)
of this section;
(4) Records that document that the training or job experience required under paragraphs
(a), (b), and (c) of this section has been given to, and completed by, facility personnel.
(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. Personnel training records may accompany
personnel transferred within the same company.
[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 71 FR 16908,
Apr. 4, 2006; 71 FR 40274, July 14, 2006]
Related Resources:
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Episodic Generators and Personnel Training
Clarification on the Amount, Type, and Frequency of Training Required for
Personnel Handling Hazardous Waste at Facilities
Interpretation of the Annual Training Requirements
Training Employees
Generator Personnel Training Requirements
Hazardous Waste Training Under 40 CFR 262.34
Training and Manifest Signature Requirements for Generators
Recordkeeping and Reporting
§ 262.40: Recordkeeping.
(a) A generator must keep a copy of each manifest signed in accordance with § 262.23(a)
for three years or until he receives a signed copy from the designated facility which
received the waste. This signed copy must be retained as a record for at least three years
from the date the waste was accepted by the initial transporter.
(b) A generator must keep a copy of each Biennial Report and Exception Report for a
period of at least three years from the due date of the report.
(c) A generator must keep records of any test results, waste analyses, or other
determinations made in accordance with § 262.11 for at least three years from the date
that the waste was last sent to on-site or off-site treatment, storage, or disposal.
(d) The periods or retention referred to in this section are extended automatically during
the course of any unresolved enforcement action regarding the regulated activity or as
requested by the Administrator.
[45 FR 33142, May 19, 1980, as amended at 48 FR 3981, Jan. 28, 1983]
§ 262.41: Biennial report.
(a) A generator who ships any hazardous waste off-site to a treatment, storage or
disposal facility within the United States must prepare and submit a single copy of a
Biennial Report to the Regional Administrator by March 1 of each even numbered year.
The Biennial Report must be submitted on EPA Form 8700-13 A, must cover generator
activities during the previous year, and must include the following information:
(1) The EPA identification number, name, and address of the generator;
(2) The calendar year covered by the report;
(3) The EPA identification number, name, and address for each off-site treatment,
storage, or disposal facility in the United States to which waste was shipped during the
year;
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(4) The name and EPA identification number of each transporter used during the
reporting year for shipments to a treatment, storage or disposal facility within the United
States;
(5) A description, EPA hazardous waste number (from 40 CFR part 261, subpart C or D),
DOT hazard class, and quantity of each hazardous waste shipped off-site for shipments to
a treatment, storage or disposal facility within the United States. This information must
be listed by EPA identification number of each such off-site facility to which waste was
shipped.
(6) A description of the efforts undertaken during the year to reduce the volume and
toxicity of waste generated.
(7) A description of the changes in volume and toxicity of waste actually achieved during
the year in comparison to previous years to the extent such information is available for
years prior to 1984.
(8) The certification signed by the generator or authorized representative.
(b) Any generator who treats, stores, or disposes of hazardous waste on-site must submit
a biennial report covering those wastes in accordance with the provisions of 40 CFR parts
270, 264, 265, and 266. Reporting for exports of hazardous waste is not required on the
Biennial Report form. A separate annual report requirement is set forth at 40 CFR
262.56.
[48 FR 3981, Jan. 28, 1983, as amended at 48 FR 14294, Apr. 1, 1983; 50 FR 28746, July
15, 1985; 51 FR 28682, Aug. 8, 1986]
§ 262.42: Exception reporting.
(a)(l) A generator of greater than 1000 kilograms of hazardous waste in a calendar
month who does not receive a copy of the manifest with the handwritten signature of the
owner or operator of the designated facility within 35 days of the date the waste was
accepted by the initial transporter must contact the transporter and/or the owner or
operator of the designated facility to determine the status of the hazardous waste.
(2) A generator of greater than 1000 kilograms of hazardous waste in a calendar month
must submit an Exception Report to the EPA Regional Administrator for the Region in
which the generator is located if he has not received a copy of the manifest with the
handwritten signature of the owner or operator of the designated facility within 45 days
of the date the waste was accepted by the initial transporter. The Exception Report must
include:
(i) A legible copy of the manifest for which the generator does not have confirmation of
delivery;
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(ii) A cover letter signed by the generator or his authorized representative explaining the
efforts taken to locate the hazardous waste and the results of those efforts.
(b) A generator of greater than 100 kilograms but less than 1000 kilograms of hazardous
waste in a calendar month who does not receive a copy of the manifest with the
handwritten signature of the owner or operator of the designated facility within 60 days
of the date the waste was accepted by the initial transporter must submit a legible copy of
the manifest, with some indication that the generator has not received confirmation of
delivery, to the EPA Regional Administrator for the Region in which the generator is
located.
Note: The submission to EPA need only be a handwritten or typed note on the manifest itself, or on an
attached sheet of paper, stating that the return copy was not received.
[52 FR 35898, Sept. 23, 1987]
§ 262.43: Additional reporting.
The Administrator, as he deems necessary under sections 2002(a) and 3002(6) of the Act,
may require generators to furnish additional reports concerning the quantities and
disposition of wastes identified or listed in 40 CFR part 261.
Related Resources:
• Recordkeeping Requirements for Owners or Operators Assuming Generator
Responsibilities
• Interpretation of 40 CFR 268.7 Requirements
• Amendments to Part 262 Hazardous Waste Determination and Recordkeeping
Requirements of Part 262 and 268
Preparedness and Prevention
Subpart C—Preparedness and Prevention
§ 265.30 Applicability.
The regulations in this subpart apply to owners and operators of all hazardous waste
facilities, except as § 265.1 provides otherwise.
§ 265.31 Maintenance and operation of facility.
Facilities must be maintained and operated to minimize the possibility of a fire,
explosion, or any unplanned sudden or non-sudden release of hazardous waste or
hazardous waste constituents to air, soil, or surface water which could threaten human
health or the environment.
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§ 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 capable of providing immediate
emergency instruction (voice or signal) to facility personnel;
(b) A device, such as a telephone (immediately available at the scene of operations) or a
hand-held two-way radio, capable of summoning emergency assistance from local police
departments, fire departments, or State or local emergency response teams;
(c) Portable fire extinguishers, fire control equipment (including special extinguishing
equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment,
and decontamination equipment; and
(d) Water at adequate volume and pressure to supply water hose streams, or foam
producing equipment, or automatic sprinklers, or water spray systems.
§ 265.33 Testing and maintenance of equipment.
All facility communications or alarm systems, fire protection equipment, spill control
equipment, and decontamination equipment, where required, must be tested and
maintained as necessary to assure its proper operation in time of emergency.
§ 265.34 Access to communications or alarm system
(a) Whenever hazardous waste is being poured, mixed, spread, or otherwise handled, all
personnel involved in the operation must have immediate access to an internal alarm or
emergency communication device, either directly or through visual or voice contact with
another employee, unless such a device is not required under § 265.32.
(b) If there is ever just one employee on the premises while the facility is operating, he
must have immediate access to a device, such as a telephone (immediately available at
the scene of operation) or a hand-held two-way radio, capable of summoning external
emergency assistance, unless such a device is not required under § 265.32.
§ 265.35 Required aisle space
The owner or operator must maintain aisle space to allow the unobstructed movement of
personnel, fire protection equipment, spill control equipment, and decontamination
equipment to any area of facility operation in an emergency, unless aisle space is not
needed for any of these purposes.
§ 265.36 [Reserved]
§ 265.37 Arrangements with local authorities
(a) The owner or operator must attempt to make the following arrangements, as
appropriate for the type of waste handled at his facility and the potential need for the
services of these organizations:
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(1) Arrangements to familiarize police, fire departments, and emergency response teams
with the layout of the facility, properties of hazardous waste handled at the facility and
associated hazards, places where facility personnel would normally be working, entrances
to roads inside the facility, and possible evacuation routes;
(2) Where more than one police and fire department might respond to an emergency,
agreements designating primary emergency authority to a specific police and a specific
fire department, and agreements with any others to provide support to the primary
emergency authority;
(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 the types of injuries or illnesses which could result from fires,
explosions, or releases at the facility.
(b) Where State or local authorities decline to enter into such arrangements, the owner or
operator must document the refusal in the operating record.
Emergency Procedures and Response
Subpart D—Contingency Plan and Emergency Procedures
§ 265.50 Applicability.
The regulations in this subpart apply to owners and operators of all hazardous waste
facilities, except as § 265.1 provides otherwise.
§ 265.51 Purpose and implementation of contingency plan.
(a) Each owner or operator must have a contingency plan for his facility. The
contingency plan must be designed to minimize hazards to human health or the
environment from fires, explosions, or any unplanned sudden or non-sudden release of
hazardous waste or hazardous waste constituents to air, soil, or surface water.
(b) The provisions of the plan must be carried out immediately whenever there is a fire,
explosion, or release of hazardous waste or hazardous waste constituents which could
threaten human health or the environment.
[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]
§ 265.52 Content of contingency plan.
(a) The contingency plan must describe the actions facility personnel must take to comply
with §§265.51 and 265.56 in response to fires, explosions, or any unplanned sudden or
non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or
surface water at the facility.
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(b) If the owner or operator has already prepared a Spill Prevention, Control, and
Countermeasures (SPCC) Plan in accordance with Part 112 of this chapter, or Part 1510
of chapter V, or some other emergency or contingency plan, he need only amend that
plan to incorporate hazardous waste management provisions that are sufficient to comply
with the requirements of this Part. The owner or operator may develop one contingency
plan which meets all regulatory requirements. EPA recommends that the plan be based on
the National Response Team's Integrated Contingency Plan Guidance ("One Plan").
When modifications are made to non-RCRA provisions in an integrated contingency
plan, the changes do not trigger the need for a RCRA permit modification.
(c) The plan must describe arrangements agreed to by local police departments, fire
departments, hospitals, contractors, and State and local emergency response teams to
coordinate emergency services, pursuant to §265.37.
(d) The plan must list names, addresses, and phone numbers (office and home) of all
persons qualified to act as emergency coordinator (see §265.55), and this list must be
kept up to date. Where more than one person is listed, one must be named as primary
emergency coordinator and others must be listed in the order in which they will assume
responsibility as alternates.
(e) The plan must include a list of all emergency equipment at the facility (such as fire
extinguishing systems, spill control equipment, communications and alarm systems
(internal and external), and decontamination equipment), where this equipment is
required. This list must be kept up to date. In addition, the plan must include the location
and a physical description of each item on the list, and a brief outline of its capabilities.
(f) The plan must include an evacuation plan for facility personnel where there is a
possibility that evacuation could be necessary. This plan must describe signal(s) to be
used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases
where the primary routes could be blocked by releases of hazardous waste or fires).
[45 FR 33232, May 19, 1980, as amended at 46 FR 27480, May 20, 1981; 50 FR 4514,
Jan. 31, 1985; 71 FR 16908, Apr. 4, 2006]
§ 265.53 Copies of contingency plan.
A copy of the contingency plan and all revisions to the plan must be:
(a) Maintained at the facility; and
(b) Submitted to all local police departments, fire departments, hospitals, and State and
local emergency response teams that may be called upon to provide emergency services.
[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]
§ 265.54 Amendment of contingency plan.
The contingency plan must be reviewed, and immediately amended, if necessary,
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whenever:
(a) Applicable regulations are revised;
(b) The plan fails in an emergency;
(c) The facility changes—in its design, construction, operation, maintenance, or other
circumstances—in a way that materially increases the potential for fires, explosions, or
releases of hazardous waste or hazardous waste constituents, or changes the response
necessary in an emergency;
(d) The list of emergency coordinators changes; or
(e) The list of emergency equipment changes.
[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985]
§ 265.55 Emergency coordinator.
At all times, there must be at least one employee either on the facility premises or on call
(i.e., available to respond to an emergency by reaching the facility within a short period
of time) with the responsibility for coordinating all emergency response measures. This
emergency coordinator must be thoroughly familiar with all aspects of the facility's
contingency plan, all operations and activities at the facility, the location and
characteristics of waste handled, the location of all records within the facility, and the
facility layout. In addition, this person must have the authority to commit the resources
needed to carry out the contingency plan.
[ Comment: The emergency coordinator's responsibilities are more fully spelled out in §
265.56. Applicable responsibilities for the emergency coordinator vary, depending on
factors such as type and variety of waste(s) handled by the facility, and type and
complexity of the facility.]
§ 265.56 Emergency procedures.
(a) Whenever there is an imminent or actual emergency situation, the emergency
coordinator (or his designee when the emergency coordinator is on call) must
immediately:
(1) Activate internal facility alarms or communication systems, where applicable, to
notify all facility personnel; and
(2) Notify appropriate State or local agencies with designated response roles if their help
is needed.
(b) Whenever there is a release, fire, or explosion, the emergency coordinator must
immediately identify the character, exact source, amount, and areal extent of any released
materials. He may do this by observation or review of facility records or manifests and, if
necessary, by chemical analysis.
(c) Concurrently, the emergency coordinator must assess possible hazards to human
health or the environment that may result from the release, fire, or explosion. This
assessment must consider both direct and indirect effects of the release, fire, or explosion
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(e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the
effects of any hazardous surface water run-offs from water or chemical agents used to
control fire and heat-induced explosions).
(d) If the emergency coordinator determines that the facility has had a release, fire, or
explosion which could threaten human health, or the environment, outside the facility, he
must report his findings as follows:
(1) If his assessment indicates that evacuation of local areas may be advisable, he must
immediately notify appropriate local authorities. He must be available to help appropriate
officials decide whether local areas should be evacuated; and
(2) He must immediately notify either the government official designated as the on-scene
coordinator for that geographical area (in the applicable regional contingency plan under
part 1510 of this title), or the National Response Center (using their 24-hour toll free
number 800/424-8802). The report must include:
(i) Name and telephone number of reporter;
(ii) Name and address of facility;
(iii) Time and type of incident (e.g., release, fire);
(iv) Name and quantity of material(s) involved, to the extent known;
(v) The extent of injuries, if any; and
(vi) The possible hazards to human health, or the environment, outside the facility.
(e) During an emergency, the emergency coordinator must take all reasonable measures
necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to
other hazardous waste at the facility. These measures must include, where applicable,
stopping processes and operations, collecting and containing released waste, and
removing or isolating containers.
(f) If the facility stops operations in response to a fire, explosion or release, the
emergency coordinator must monitor for leaks, pressure buildup, gas generation, or
ruptures in valves, pipes, or other equipment, wherever this is appropriate.
(g) Immediately after an emergency, the emergency coordinator must provide for
treating, storing, or disposing of recovered waste, contaminated soil or surface water, or
any other material that results from a release, fire, or explosion at the facility.
[Comment: Unless the owner or operator can demonstrate, in accordance with §261.3(c)
or (d) of this chapter, that the recovered material is not a hazardous waste, the owner or
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operator becomes a generator of hazardous waste and must manage it in accordance with
all applicable requirements of parts 262, 263, and 265 of this chapter.]
(h) The emergency coordinator must ensure that, in the affected area(s) of the facility:
(1) No waste that may be incompatible with the released material is treated, stored, or
disposed of until cleanup procedures are completed; and
(2) All emergency equipment listed in the contingency plan is cleaned and fit for its
intended use before operations are resumed.
(i) The owner or operator must note in the operating record the time, date, and details of
any incident that requires implementing the contingency plan. Within 15 days after the
incident, he must submit a written report on the incident to the Regional Administrator.
The report must include:
(1) Name, address, and telephone number of the owner or operator;
(2) Name, address, and telephone number of the facility;
(3) Date, time, and type of incident (e.g., fire, explosion);
(4) Name and quantity of material(s) involved;
(5) The extent of injuries, if any;
(6) An assessment of actual or potential hazards to human health or the environment,
where this is applicable; and
(7) Estimated quantity and disposition of recovered material that resulted from the
incident.
[45 FR 33232, May 19, 1980, as amended at 50 FR 4514, Jan. 31, 1985; 71 FR 16908,
Apr. 4, 2006; 71 FR 40274, July 14, 2006]
Related Resources:
• LOG Compliance with Part 265
Land Disposal Restrictions
§ 268.1: Purpose, scope, and applicability.
(a) This part identifies hazardous wastes that are restricted from land disposal and defines
those limited circumstances under which an otherwise prohibited waste may continue to
be land disposed.
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(b) Except as specifically provided otherwise in this part or part 261 of this chapter, the
requirements of this part apply to persons who generate or transport hazardous waste and
owners and operators of hazardous waste treatment, storage, and disposal facilities.
(c) Restricted wastes may continue to be land disposed as follows:
(1) Where persons have been granted an extension to the effective date of a prohibition
under subpart C of this part or pursuant to §268.5, with respect to those wastes covered
by the extension;
(2) Where 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) Wastes that are hazardous only because they exhibit a hazardous characteristic, and
which are otherwise prohibited under this part, or part 148 of this chapter, are not
prohibited if the wastes:
(i) Are disposed into a nonhazardous or hazardous injection well as defined under 40
CFR 146.6(a): and
(ii) Do not exhibit any prohibited characteristic of hazardous waste identified in 40 CFR
part 261, subpart C at the point of injection.
(4) Wastes that are hazardous only because they exhibit a hazardous characteristic, and
which are otherwise prohibited under this part, are not prohibited if the wastes meet any
of the following criteria, unless the wastes are subject to a specified method of treatment
other than DEACT in §268.40, or are D003 reactive cyanide:
(i) The wastes are managed in a treatment system which subsequently discharges to
waters of the U.S. pursuant to a permit issued under section 402 of the Clean Water Act;
or
(ii) The wastes are treated for purposes of the pretreatment requirements of section 307 of
the Clean Water Act; or
(iii) The wastes are managed in a zero discharge system engaged in Clean Water Act-
equivalent treatment as defined in §268.37(a); and
(iv) The wastes no longer exhibit a prohibited characteristic at the point of land disposal
(i.e., placement in a surface impoundment).
(d) The requirements of this part shall not affect the availability of a waiver under section
121(d)(4) of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (CERCLA).
(e) The following hazardous wastes are not subject to any provision of part 268:
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(1) Waste generated by small quantity generators of less than 100 kilograms of non-acute
hazardous waste or less than 1 kilogram of acute hazardous waste per month, as defined
in §261.5 of this chapter;
(2) Waste pesticides that a farmer disposes of pursuant to §262.70;
(3) Wastes identified or listed as hazardous after November 8, 1984 for which EPA has
not promulgated land disposal prohibitions or treatment standards;
(4) De minimis losses of characteristic wastes to wastewaters are not considered to be
prohibited wastes and are defined as losses from normal material handling operations
(e.g. spills from the unloading or transfer of materials from bins or other containers, leaks
from pipes, valves or other devices used to transfer materials); minor leaks of process
equipment, storage tanks or containers; leaks from well-maintained pump packings and
seals; sample purgings; and relief device discharges; discharges from safety showers and
rinsing and cleaning of personal safety equipment; rinsate from empty containers or from
containers that are rendered empty by that rinsing; and laboratory wastes not exceeding
one per cent of the total flow of wastewater into the facility's headworks on an annual
basis, or with a combined annualized average concentration not exceeding one part per
million in the headworks of the facility's wastewater treatment or pretreatment facility.
(f) Universal waste handlers and universal waste transporters (as defined in 40 CFR
260.10) are exempt from 40 CFR 268.7 and 268.50 for the hazardous wastes listed below.
These handlers are subject to regulation under 40 CFR part 273.
(1) Batteries as described in 40 CFR 273.2:
(2) Pesticides as described in §273.3 of this chapter;
(3) Mercury-containing equipment as described in §273.4 of this chapter; and
(4) Lamps as described in 40 CFR 273.5.
[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 53 FR 27165,
July 19, 1988; 53 FR31212, Aug. 17, 1988; 54 FR 36970, Sept. 6, 1989; 55 FR 22686,
June 1, 1990; 58 FR 29884, May 24, 1993; 59 FR 48043, Sept. 19, 1994; 60 FR 25542,
May 11, 1995; 61 FR 15663, Apr. 8, 1996; 61 FR 33682, June 28, 1996; 62 FR 26019,
May 12, 1997; 64 FR 36488, July 6, 1999; 70 FR 45520, Aug. 5, 2005]
§ 268.2: Definitions applicable in this part.
When used in this part the following terms have the meanings given below:
(a) Halogenated organic compounds or HOCs means those compounds having a carbon-
halogen bond which are listed under appendix III to this part.
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(b) Hazardous constituent or constituents means those constituents listed in appendix
VIII to part 261 of this chapter.
(c) Land disposal means placement in or on the land, except in a corrective action
management unit or staging pile, and includes, but is not limited to, placement in a
landfill, surface impoundment, waste pile, injection well, land treatment facility, salt
dome formation, salt bed formation, underground mine or cave, or placement in a
concrete vault, or bunker intended for disposal purposes.
(d) Nonwastewaters are wastes that do not meet the criteria for wastewaters in paragraph
(f) of this section.
(e) Polychlorinated biphenyls or PCBs are halogenated organic compounds defined in
accordance with 40 CFR 761.3.
(f) Wastewaters are wastes that contain less than 1% by weight total organic carbon
(TOC) and less than 1% by weight total suspended solids (TSS).
(g) Debris means solid material exceeding a 60 mm particle size that is intended for
disposal and that is: a manufactured object; or plant or animal matter; or natural geologic
material. However, the following materials are not debris: any material for which a
specific treatment standard is provided in Subpart D, Part 268, namely lead acid batteries,
cadmium batteries, and radioactive lead solids; process residuals such as smelter slag and
residues from the treatment of waste, wastewater, sludges, or air emission residues; and
intact containers of hazardous waste that are not ruptured and that retain at least 75% of
their original volume. A mixture of debris that has not been treated to the standards
provided by §268.45 and other material is subject to regulation as debris if the mixture is
comprised primarily of debris, by volume, based on visual inspection.
(h) Hazardous debris means debris that contains a hazardous waste listed in subpart D of
part 261 of this chapter, or that exhibits a characteristic of hazardous waste identified in
subpart C of part 261 of this chapter. Any deliberate mixing of prohibited hazardous
waste with debris that changes its treatment classification (i.e., from waste to hazardous
debris) is not allowed under the dilution prohibition in §268.3.
(i) Underlying hazardous constituent means any constituent listed in §268.48, Table
UTS—Universal Treatment Standards, except fluoride, selenium, sulfides, vanadium, and
zinc, which can reasonably be expected to be present at the point of generation of the
hazardous waste at a concentration above the constituent-specific UTS treatment
standards.
(j) Inorganic metal-bearing waste is one for which EPA has established treatment
standards for metal hazardous constituents, and which does not otherwise contain
significant organic or cyanide content as described in §268.3(c)OX and is specifically
listed in appendix XI of this part.
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(k) 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. Natural Resources 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.
Any deliberate mixing of prohibited hazardous waste with soil that changes its treatment
classification (i.e., from waste to contaminated soil) is not allowed under the dilution
prohibition in §268.3.
[55 FR 22686, June 1, 1990, as amended at 56 FR 3877, Jan. 31, 1991; 57 FR 37270,
Aug. 18, 1992; 58 FR 8685, Feb. 16, 1993; 58 FR 29884, May 24, 1993; 59 FR 48043,
Sept. 19, 1994; 60 FR244, Jan. 3, 1995; 61 FR 15597, 15662, Apr. 8, 1996; 61 FR
33682, June 28, 1996; 63 FR 28639, May 26, 1998; 63 FR 65940, Nov. 30, 1998; 64 FR
25414, May 11, 1999; 71 FR 40278, July 14, 2006]
§ 268.3: Dilution prohibited as a substitute for treatment.
(a) Except as provided in paragraph (b) of this section, no generator, transporter, handler,
or owner or operator of a treatment, storage, or disposal facility shall in any way dilute a
restricted waste or the residual from treatment of a restricted waste as a substitute for
adequate treatment to achieve compliance with subpart D of this part, to circumvent the
effective date of a prohibition in subpart C of this part, to otherwise avoid a prohibition in
subpart C of this part, or to circumvent a land disposal prohibition imposed by RCRA
section 3004.
(b) Dilution of wastes that are hazardous only because they exhibit a characteristic in
treatment systems which include land- based units which treat wastes subsequently
discharged to a water of the United States pursuant to a permit issued under section 402
of the Clean Water Act (CWA), or which treat wastes in a CWA-equivalent treatment
system, or which treat wastes for the purposes of pretreatment requirements under section
307 of the CWA is not impermissible dilution for purposes of this section unless a
method other than DEACT has been specified in §268.40 as the treatment standard, or
unless the waste is a D003 reactive cyanide wastewater or nonwastewater.
(c) Combustion of the hazardous waste codes listed in Appendix XI of this part is
prohibited, unless the waste, at the point of generation, or after any bona fide treatment
such as cyanide destruction prior to combustion, can be demonstrated to comply with one
or more of the following criteria (unless otherwise specifically prohibited from
combustion):
(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 (e.g., wood, paper, plastic, or
cloth) contaminated with an inorganic metal-bearing hazardous waste;
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(3) The waste, at point of generation, has reasonable heating value such as greater than or
equal to 5000 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 of
organics (including biological agents); or
(6) The waste contains greater than 1% Total Organic Carbon (TOC).
(d) It is a form of impermissible dilution, and therefore prohibited, to add iron filings or
other metallic forms of iron to lead-containing hazardous wastes in order to achieve any
land disposal restriction treatment standard for lead. Lead-containing wastes include
D008 wastes (wastes exhibiting a characteristic due to the presence of lead), all
characteristic wastes containing lead as an underlying hazardous constituent, listed
wastes containing lead as a regulated constituent, and hazardous media containing any of
the aforementioned lead-containing wastes.
[61 FR 15663, Apr. 8, 1996, as amended at 61 FR 33682, June 28, 1996; 63 FR 28639,
May 26, 1998]
§ 268.4: Treatment surface impoundment exemption.
(a) Wastes which are otherwise prohibited from land disposal under this part may be
treated in a surface impoundment or series of impoundments provided that:
(1) Treatment of such wastes occurs in the impoundments;
(2) The following conditions are met:
(i) Sampling and testing. For wastes with treatment standards in subpart D of this part
and/or prohibition levels in subpart C of this part or RCRA section 3004(d), the residues
from treatment are analyzed, as specified in §268.7 or §268.32, to determine if they meet
the applicable treatment standards or where no treatment standards have been established
for the waste, the applicable prohibition levels. The sampling method, specified in the
waste analysis plan under §264.13 or §265.13, must be designed such that representative
samples of the sludge and the supernatant are tested separately rather than mixed to form
homogeneous samples.
(ii) Removal. The following treatment residues (including any liquid waste) must be
removed at least annually; residues which do not meet the treatment standards
promulgated under subpart D of this part; residues which do not meet the prohibition
levels established under subpart C of this part or imposed by statute (where no treatment
standards have been established); residues which are from the treatment of wastes
prohibited from land disposal under subpart C of this part (where no treatment standards
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have been established and no prohibition levels apply); or residues from managing listed
wastes which are not delisted under §260.22 of this chapter. If the volume of liquid
flowing through the impoundment or series of impoundments annually is greater than the
volume of the impoundment or impoundments, this flow-through constitutes removal of
the supernatant for the purpose of this requirement.
(iii) Subsequent management. Treatment residues may not be placed in any other surface
impoundment for subsequent management.
(iv) Recordkeeping. Sampling and testing and recordkeeping provisions of §§264.13 and
265.13 of this chapter apply.
(3) The impoundment meets the design requirements of §264.221(c) or §265.221 (a) of
this chapter, regardless that the unit may not be new, expanded, or a replacement, and be
in compliance with applicable ground water monitoring requirements of subpart F of part
264 or part 265 of this chapter unless:
(i) Exempted pursuant to §264.221 (d) or (e) of this chapter, or to §265.221 (c) or (d) of
this chapter; or,
(ii) Upon application by the owner or operator, the Administrator, after notice and an
opportunity to comment, has granted a waiver of the requirements on the basis that the
surface impoundment:
(A) Has at least one liner, for which there is no evidence that such liner is leaking;
(B) Is located more than one-quarter mile from an underground source of drinking water;
and
(C) Is in compliance with generally applicable ground water monitoring requirements for
facilities with permits; or,
(iii) Upon application by the owner or operator, the Administrator, after notice and an
opportunity to comment, has granted a modification to the requirements on the basis of a
demonstration that the surface impoundment is located, designed, and operated so as to
assure that there will be no migration of any hazardous constituent into ground water or
surface water at any future time.
(4) The owner or operator submits to the Regional Administrator a written certification
that the requirements of §268.4(a)(3) have been met. The following certification is
required:
I certify under penalty of law that the requirements of 40 CFR 268.4(a)(3) have been met
for all surface impoundments being used to treat restricted wastes. I believe that the
submitted information is true, accurate, and complete. I am aware that there are
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significant penalties for submitting false information, including the possibility of fine and
imprisonment.
(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.
[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 52 FR 25788,
JulyS, 1987; 53 FR 31212, Aug. 17, 1988; 62 FR 26019, May 12, 1997; 63 FR 28639,
May 26, 1998; 71 FR 40278, July 14, 2006]
§ 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 an application to the Administrator for an extension to the effective date of any
applicable restriction established under subpart C of this part. The applicant must
demonstrate the following:
(1) He has made a good-faith effort to locate and contract with treatment, recovery, or
disposal facilities nationwide to manage his waste in accordance with the effective date
of the applicable restriction established under subpart C of this part;
(2) He has entered into a binding contractual commitment to construct or otherwise
provide alternative treatment, recovery (e.g., recycling), or disposal capacity that meets
the treatment standards specified in subpart D or, where treatment standards have not
been specified, such treatment, recovery, or disposal capacity is protective of human
health and the environment.
(3) Due to circumstances beyond the applicant's control, such alternative capacity cannot
reasonably be made available by the applicable effective date. This demonstration may
include a showing that the technical and practical difficulties associated with providing
the alternative capacity will result in the capacity not being available by the applicable
effective date;
(4) The capacity being constructed or otherwise provided by the applicant will be
sufficient to manage the entire quantity of waste that is the subject of the application;
(5) He provides a detailed schedule for obtaining required operating and construction
permits or an outline of how and when alternative capacity will be available;
(6) He has arranged for adequate capacity to manage his waste during an extension and
has documented in the application the location of all sites at which the waste will be
managed; and
(7) Any waste managed in a surface impoundment or landfill during the extension period
will meet the requirements of paragraph (h)(2) of this section.
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(b) An authorized representative signing an application described under paragraph (a) of
this section shall make the following certification:
I certify under penalty of law that I have personally examined and am familiar with the
information submitted in this document and all attachments and that, based on my inquiry
of those individuals immediately responsible for obtaining the information, I believe that
the information is true, accurate, and complete. I am aware that there are significant
penalties for submitting false information, including the possibility of fine and
imprisonment.
(c) After receiving an application for an extension, the Administrator may request any
additional information which he deems as necessary to evaluate the application.
(d) An extension will apply only to the waste generated at the individual facility covered
by the application and will not apply to restricted waste from any other facility.
(e) On the basis of the information referred to in paragraph (a) of this section, after notice
and opportunity for comment, and after consultation with appropriate State agencies in all
affected States, the Administrator may grant an extension of up to 1 year from the
effective date. The Administrator may renew this extension for up to 1 additional year
upon the request of the applicant if the demonstration required in paragraph (a) of this
section can still be made. In no event will an extension extend beyond 24 months from
the applicable effective date specified in subpart C of part 268. The length of any
extension authorized will be determined by the Administrator based on the time required
to construct or obtain the type of capacity needed by the applicant as described in the
completion schedule discussed in paragraph (a)(5) of this section. The Administrator will
give public notice of the intent to approve or deny a petition and provide an opportunity
for public comment. The final decision on a petition will be published in the Federal
Register.
(f) Any person granted an extension under this section must immediately notify the
Administrator as soon as he has knowledge of any change in the conditions certified to in
the application.
(g) Any person granted an extension under this section shall submit written progress
reports at intervals designated by the Administrator. Such reports must describe the
overall progress made toward constructing or otherwise providing alternative treatment,
recovery or disposal capacity; must identify any event which may cause or has caused a
delay in the development of the capacity; and must summarize the steps taken to mitigate
the delay. The Administrator can revoke the extension at any time if the applicant does
not demonstrate a good-faith effort to meet the schedule for completion, if the Agency
denies or revokes any required permit, if conditions certified in the application change, or
for any violation of this chapter.
(h) Whenever the Administrator establishes an extension to an effective date under this
section, during the period for which such extension is in effect:
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(1) The storage restrictions under §268.50(a) do not apply; and
(2) Such hazardous waste may be disposed in a landfill or surface impoundment only if
such unit is in compliance with the technical requirements of the following provisions
regardless of whether such unit is existing, new, or a replacement or lateral expansion.
(i) The landfill, if in interim status, is in compliance with the requirements of subpart F of
part 265 and §265.301 (a), (c), and (d) of this chapter; or,
(ii) The landfill, if permitted, is in compliance with the requirements of subpart F of part
264 and §264.301 (c), (d) and (e) of this chapter; or
(iii) The surface impoundment, if in interim status, is in compliance with the
requirements of subpart F of part 265, §265.221 (a), (c), and (d) of this chapter, and
RCRA section 3005(j)(l); or
(iv) The surface impoundment, if permitted, is in compliance with the requirements of
subpart F of part 264 and §264.221 (c), (d) and (e) of this chapter; or
(v) The surface impoundment, if newly subject to RCRA section 3005(j)(l) due to the
promulgation of additional listings or characteristics for the identification of hazardous
waste, is in compliance with the requirements of subpart F of part 265 of this chapter
within 12 months after the promulgation of additional listings or characteristics of
hazardous waste, and with the requirements of §265.221 (a), (c) and (d) of this chapter
within 48 months after the promulgation of additional listings or characteristics of
hazardous waste. If a national capacity variance is granted, during the period the variance
is in effect, the surface impoundment, if newly subject to RCRA section 3005(j)(l) due to
the promulgation of additional listings or characteristics of hazardous waste, is in
compliance with the requirements of subpart F of part 265 of this chapter within 12
months after the promulgation of additional listings or characteristics of hazardous waste,
and with the requirements of §265.221 (a), (c) and (d) of this chapter within 48 months
after the promulgation of additional listings or characteristics of hazardous waste; or
(vi) The landfill, if disposing of containerized liquid hazardous wastes containing PCBs
at concentrations greater than or equal to 50 ppm but less than 500 ppm, is also in
compliance with the requirements of 40 CFR 761.75 and parts 264 and 265.
(i) Pending a decision on the application the applicant is required to comply with all
restrictions on land disposal under this part once the effective date for the waste has been
reached.
[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 52 FR 25788,
July 8, 1987; 54 FR 36971, Sept. 6, 1989; 55 FR 23935, June 13, 1990; 57 FR 37270,
Aug. 18, 1992]
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§ 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 of this part for
the disposal of a restricted hazardous waste in a particular unit or units must submit a
petition to the Administrator demonstrating, to a reasonable degree of certainty, that there
will be no migration of hazardous constituents from the disposal unit or injection zone for
as long as the wastes remain hazardous. The demonstration must include the following
components:
(1) An identification of the specific waste and the specific unit for which the
demonstration will be made;
(2) A waste analysis to describe fully the chemical and physical characteristics of the
subject waste;
(3) A comprehensive characterization of the disposal unit site including an analysis of
background air, soil, and water quality.
(4) A monitoring plan that detects migration at the earliest practicable time;
(5) Sufficient information to assure the Administrator that the owner or operator of a land
disposal unit receiving restricted waste(s) will comply with other applicable Federal,
State, and local laws.
(b) The demonstration referred to in paragraph (a) of this section must meet the following
criteria:
(1) All waste and environmental sampling, test, and analysis data must be accurate and
reproducible to the extent that state-of-the-art techniques allow;
(2) All sampling, testing, and estimation techniques for chemical and physical properties
of the waste and all environmental parameters must have been approved by the
Administrator;
(3) Simulation models must be calibrated for the specific waste and site conditions, and
verified for accuracy by comparison with actual measurements;
(4) A quality assurance and quality control plan that addresses all aspects of the
demonstration must be approved by the Administrator; and,
(5) An analysis must be performed to identify and quantify any aspects of the
demonstration that contribute significantly to uncertainty. This analysis must include an
evaluation of the consequences of predictable future events, including, but not limited to,
earthquakes, floods, severe storm events, droughts, or other natural phenomena.
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(c) Each petition referred to in paragraph (a) of this section must include the following:
(1) A monitoring plan that describes the monitoring program installed at and/or around
the unit to verify continued compliance with the conditions of the variance. This
monitoring plan must provide information on the monitoring of the unit and/or the
environment around the unit. The following specific information must be included in the
plan:
(i) The media monitored in the cases where monitoring of the environment around the
unit is required;
(ii) The type of monitoring conducted at the unit, in the cases where monitoring of the
unit is required;
(iii) The location of the monitoring stations;
(iv) The monitoring interval (frequency of monitoring at each station);
(v) The specific hazardous constituents to be monitored;
(vi) The implementation schedule for the monitoring program;
(vii) The equipment used at the monitoring stations;
(viii) The sampling and analytical techniques employed; and
(ix) The data recording/reporting procedures.
(2) Where applicable, the monitoring program described in paragraph (c)(l) of this
section must be in place for a period of time specified by the Administrator, as part of his
approval of the petition, prior to receipt of prohibited waste at the unit.
(3) The monitoring data collected according to the monitoring plan specified under
paragraph (c)(l) of this section must be sent to the Administrator according to a format
and schedule specified and approved in the monitoring plan, and
(4) A copy of the monitoring data collected under the monitoring plan specified under
paragraph (c)(l) of this section must be kept on-site at the facility in the operating record.
(5) The monitoring program specified under paragraph (c)(l) of this section meets the
following criteria:
(i) All sampling, testing, and analytical data must be approved by the Administrator and
must provide data that is accurate and reproducible.
(ii) All estimation and monitoring techniques must be approved by the Administrator.
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(iii) A quality assurance and quality control plan addressing all aspects of the monitoring
program must be provided to and approved by the Administrator.
(d) Each petition must be submitted to the Administrator.
(e) After a petition has been approved, the owner or 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 units as follows:
(1) If the owner or operator plans to make changes to the unit design, construction, or
operation, such a change must be proposed, in writing, and the owner or operator must
submit a demonstration to the Administrator at least 30 days prior to making the change.
The Administrator will determine whether the proposed change invalidates the terms of
the petition and will determine the appropriate response. Any change must be approved
by the Administrator prior to being made.
(2) If the owner or operator discovers that a condition at the site which was modeled or
predicted in the petition does not occur as predicted, this change must be reported, in
writing, to the Administrator within 10 days of discovering the change. The
Administrator will determine whether the reported change from the terms of the petition
requires further action, which may include termination of waste acceptance and
revocation of the petition, petition modifications, or other responses.
(f) If the owner or operator determines that there is migration of hazardous constituent(s)
from the unit, the owner or operator must:
(1) Immediately suspend receipt of prohibited waste at the unit, and
(2) Notify the Administrator, in writing, within 10 days of the determination that a release
has occurred.
(3) Following receipt of the notification the Administrator will determine, within 60 days
of receiving notification, whether the owner or operator can continue to receive
prohibited waste in the unit and whether the variance is to be revoked. The Administrator
shall also determine whether further examination of any migration is warranted under
applicable provisions of part 264 or part 265.
(g) Each petition must include the following statement signed by the petitioner or an
authorized representative:
I certify under penalty of law that I have personally examined and am familiar with the
information submitted in this petition and all attached documents, and that, based on my
inquiry of those individuals immediately responsible for obtaining the information, I
believe that submitted information is true, accurate, and complete. I am aware that there
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are significant penalties for submitting false information, including the possibility of fine
and imprisonment.
(h) After receiving a petition, the Administrator may request any additional information
that reasonably may be required to evaluate the demonstration.
(i) If approved, the petition will apply to land disposal of the specific restricted waste at
the individual disposal unit described in the demonstration and will not apply to any other
restricted waste at that disposal unit, or to that specific restricted waste at any other
disposal unit.
(j) The Administrator will give public notice in the Federal Register of the intent to
approve or deny a petition and provide an opportunity for public comment. The final
decision on a petition will 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 if the disposal unit is operating under a RCRA permit, or up to a
maximum of 10 years from the date of approval provided under paragraph (g) of this
section if the unit is operating under interim status. In either case, the term of the granted
petition shall expire upon the termination or denial of a RCRA permit, or upon the
termination of interim status or when the volume limit of waste to be land disposed
during the term of petition is reached.
(1) Prior to the Administrator's decision, the applicant is required to comply with all
restrictions on land disposal under this part once the effective date for the waste has been
reached.
(m) The petition granted by the Administrator does not relieve the petitioner of his
responsibilities in the management of hazardous waste under 40 CFR part 260 through
part 271.
(n) Liquid hazardous wastes containing polychlorinated biphenyls at concentrations
greater than or equal to 500 ppm are not eligible for an exemption under this section.
[51 FR 40638, Nov. 7, 1986; 52 FR 21016, June 4, 1987, as amended at 52 FR 25789,
July 8, 1987; 53 FR31212, Aug. 17, 1988; 54 FR 36971, Sept. 6, 1989; 71 FR 40278,
July 14, 2006]
§ 268.7: Testing, tracking, and recordkeeping requirements for generators, treaters,
and disposal facilities.
(a) Requirements for generators: (1) A generator of hazardous waste must determine if
the waste has to be treated before it can be land disposed. This is done by determining if
the hazardous waste meets the treatment standards in §268.40, 268.45, or §268.49. This
determination can be made concurrently with the hazardous waste determination required
in §262.11 of this chapter, in either of two ways: testing the waste or using knowledge of
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the waste. If the generator tests the waste, testing would normally determine the total
concentration of hazardous constituents, or the concentration of hazardous constituents in
an extract of the waste obtained using test method 1311 in "Test Methods of Evaluating
Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, (incorporated by
reference, see §260.11 of this chapter), depending on whether the treatment standard for
the waste is expressed as a total concentration or concentration of hazardous constituent
in the waste's extract. (Alternatively, the generator must send the waste to a RCRA-
permitted hazardous waste treatment facility, where the waste treatment facility must
comply with the requirements of §264.13 of this chapter and paragraph (b) of this
section.) In addition, some hazardous wastes must be treated by particular treatment
methods before they can be land disposed and some soils are contaminated by such
hazardous wastes. These treatment standards are also found in §268.40, and are described
in detail in §268.42, Table 1. These wastes, and soils contaminated with such wastes, do
not need to be tested (however, if they are in a waste mixture, other wastes with
concentration level treatment standards would have to be tested). If a generator
determines they are managing a waste or soil contaminated with a waste, that displays a
hazardous characteristic of ignitability, corrosivity, reactivity, ortoxicity, they must
comply with the special requirements of §268.9 of this part in addition to any applicable
requirements in this section.
(2) If the waste or contaminated soil does not meet the treatment standards, or if the
generator chooses not to make the determination of whether his waste must be treated,
with the initial shipment of waste to each treatment or storage facility, the generator must
send a one-time written notice 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 paragraph (a)(4) of this
section. (Alternatively, if the generator chooses not to make the determination of whether
the waste must be treated, the notification must include the EPA Hazardous Waste
Numbers and Manifest Number of the first shipment and must state "This hazardous
waste may or may not be subject to the LDR treatment standards. The treatment facility
must make the determination.") No further notification is necessary until such time that
the waste or facility change, in which case a new notification must be sent and a copy
placed in the generator's file.
(3) If the waste or contaminated soil meets the treatment standard at the original point of
generation:
(i) With the initial shipment of waste to each treatment, storage, or disposal facility, the
generator must send a one-time written notice to each treatment, storage, or disposal
facility receiving the waste, and place a copy in the file. The notice must include the
information indicated in column "268/7(a)(3)" of the Generator Paperwork Requirements
Table in §268/7(a)(4) and the following certification statement, signed by an authorized
representative:
I certify under penalty of law that I personally have examined and am familiar with the
waste through analysis and testing or through knowledge of the waste to support this
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certification that the waste complies with the treatment standards specified in 40 CFR
part 268 subpart D. I believe that the information I submitted is true, accurate, and
complete. I am aware that there are significant penalties for submitting a false
certification, including the possibility of a fine and imprisonment.
(ii) For contaminated soil, with the initial shipment of wastes to each treatment, storage,
or disposal facility, the generator must send a one-time written notice to each 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).
(iii) If the waste changes, the generator must send a new notice and certification to the
receiving facility, and place a copy in their files. Generators of hazardous debris excluded
from the definition of hazardous waste under §261.3(f) of this chapter are not subject to
these requirements.
(4) For reporting, tracking, and recordkeeping when exceptions allow certain wastes or
contaminated soil that do not meet the treatment standards to be land disposed: There are
certain exemptions from the requirement that hazardous wastes or contaminated soil meet
treatment standards before they can be land disposed. These include, but are not limited
to case-by-case extensions under §268.5, disposal in a no-migration unit under §268.6, or
a national capacity variance or case-by-case capacity variance under subpart C of this
part. If a generator's waste is so exempt, then with the initial shipment of waste, the
generator must send a one-time written notice to each land disposal facility receiving the
waste. The notice must include the information indicated in column "268/7(a)(4)" of the
Generator Paperwork Requirements Table below. If the waste changes, the generator
must send a new notice to the receiving facility, and place a copy in their files.
Generator Paperwork Requirements Table
Required information
1 . EPA Hazardous Waste Numbers and Manifest
Number of first shipment
2. Statement: this waste is not prohibited from land
disposal
3. The waste is subject to the LDRs. The
constituents of concern for F001-F005, and F039,
and underlying hazardous constituents in
characteristic wastes, unless the waste will be
treated and monitored for all constituents. If all
constituents will be treated and monitored, there is
no need to put them all on the LDR notice
4. The notice must include the applicable
wastewater/nonwastewater category (see §§
268. 2(d) and (f)) and subdivisions made within a
waste code based on waste-specific criteria (such
§268.7
(a)(2)
^
^
^
§268.7
(a)(3)
-------
as D003 reactive cyanide)
5. Waste analysis data (when available)
6. Date the waste is subject to the prohibition
7. For hazardous debris, when treating with the
alternative treatment technologies provided by
§268.45: the contaminants subject to treatment as
described in § 268.45(b); and an indication that
these contaminants are being treated to comply
with § 268.45
8. For contaminated soil subject to LDRs as
provided in § 268.49(a), the constituents subject to
treatment as described in § 268.49(d), and the
following statement: This contaminated soil
[does/does not] contain listed hazardous waste and
[does/does not] exhibit a characteristic of
hazardous waste and [is subject to/complies with]
the soil treatment standards as provided by §
268.49(c) or the universal treatment standards
9. A certification is needed (see applicable section
for exact wording)
^
v'
^
^
^
v'
^
^
^
^
(5) If a generator is managing and treating prohibited waste or contaminated soil in tanks,
containers, or containment buildings regulated under 40 CFR 262.34 to meet applicable
LDR treatment standards found at §268.40, the generator must develop and follow a
written waste analysis plan which describes the procedures they will carry out to comply
with the treatment standards. (Generators treating hazardous debris under the alternative
treatment standards of Table 1, §268.45, however, are not subject to these waste analysis
requirements.) The plan must be kept on site in the generator's records, and the following
requirements must be met:
(i) The waste analysis plan must be based on a detailed chemical and physical analysis of
a representative sample of the prohibited waste(s) being treated, and contain all
information necessary to treat the waste(s) in accordance with the requirements of this
part, including the selected testing frequency.
(ii) Such plan must be kept in the facility's on-site files and made available to inspectors.
(iii) Wastes shipped off-site pursuant to this paragraph must comply with the notification
requirements of §268.7(a)(3).
(6) If a generator determines that the waste or contaminated soil is restricted based solely
on his knowledge of the waste, all supporting data used to make this determination must
be retained on-site in the generator's files. If a generator determines that the waste is
restricted based on testing this waste or an extract developed using the test method 1311
in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA
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Publication SW-846, as referenced in §260.11 of this chapter, and all waste analysis data
must be retained on-site in the generator's files.
(7) If a generator determines that he is managing a prohibited waste that is excluded from
the definition of hazardous or solid waste or is exempted from Subtitle C regulation under
40 CFR 261.2 through 261.6 subsequent to the point of generation (including deactivated
characteristic hazardous wastes managed in wastewater treatment systems subject to the
Clean Water Act (CWA) as specified at 40 CFR 26L4(a)(2) or that are CWA-equivalent,
or are managed in an underground injection well regulated by the SDWA), he must place
a one-time notice describing such generation, subsequent exclusion from the definition of
hazardous or solid waste or exemption from RCRA Subtitle C regulation, and the
disposition of the waste, in the facility's on-site files.
(8) Generators must retain on-site a copy of all notices, certifications, waste analysis data,
and other documentation produced pursuant to this section for at least three years from
the date that the waste that is the subject of such documentation was last sent to on-site or
off-site treatment, storage, or disposal. The three year record retention period is
automatically extended during the course of any unresolved enforcement action regarding
the regulated activity or as requested by the Administrator. The requirements of this
paragraph apply to solid wastes even when the hazardous characteristic is removed prior
to disposal, or when the waste is excluded from the definition of hazardous or solid waste
under 40 CFR 261.2 through 261.6, or exempted from Subtitle C regulation, subsequent
to the point of generation.
(9) If a generator is managing a lab pack containing hazardous wastes and wishes to use
the alternative treatment standard for lab packs found at §268.42(c):
(i) With the initial shipment of waste to a treatment facility, the generator must submit a
notice that provides the information in column "§268.7(a)(9)" in the Generator
Paperwork Requirements Table of paragraph (a)(4) of this section, and the following
certification. The certification, which must be signed by an authorized representative and
must be placed in the generator's files, must say the following:
I certify under penalty of law that I personally have examined and am familiar with the waste and that the
lab pack contains only wastes that have not been excluded under appendix IV to 40 CFR part 268 and that
this lab pack will be sent to a combustion facility in compliance with the alternative treatment standards for
lab packs at 40 CFR 268.42(cX I am aware that there are significant penalties for submitting a false
certification, including the possibility of fine or imprisonment.
(ii) No further notification is necessary until such time that the wastes in the lab pack
change, or the receiving facility changes, in which case a new notice and certification
must be sent and a copy placed in the generator's file.
(iii) If the lab pack contains characteristic hazardous wastes (D001-D043), underlying
hazardous constituents (as defined in §268.2(i)) need not be determined.
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(iv) The generator must also comply with the requirements in paragraphs (a)(6) and (a)(7)
of this section.
(10) Small quantity generators with tolling agreements pursuant to 40 CFR 262.20(e)
must comply with the applicable notification and certification requirements of paragraph
(a) of this section for the initial shipment of the waste subject to the agreement. Such
generators must retain on-site a copy of the notification and certification, together with
the tolling agreement, for at least three years after termination or expiration of the
agreement. The three-year record retention period is automatically extended during the
course of any unresolved enforcement action regarding the regulated activity or as
requested by the Administrator.
(b) Treatment facilities must test their wastes according to the frequency specified in their
waste analysis plans as required by 40 CFR 264.13 (for permitted TSDs) or 40 CFR
265.13 (for interim status facilities). Such testing must be performed as provided in
paragraphs (b)(l), (b)(2) and (b)(3) of this section.
(1) For wastes or contaminated soil with treatment standards expressed in the waste
extract (TCLP), the owner or operator of the treatment facility must test an extract of the
treatment residues, using test method 1311 (the Toxicity Characteristic Leaching
Procedure, described in "Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods," EPA Publication SW-846 as incorporated by reference in §260.11 of this
chapter) to assure that the treatment residues extract meet the applicable treatment
standards.
(2) For wastes or contaminated soil with treatment standards expressed as concentrations
in the waste, the owner or operator of the treatment facility must test the treatment
residues (not an extract of such residues) to assure that they meet the applicable treatment
standards.
(3) A one-time notice must be sent with the initial shipment of waste or contaminated soil
to the land disposal facility. A copy of the notice must be placed in the treatment facility's
file.
(i) No further notification is necessary until such time that the waste or receiving facility
change, in which case a new notice must be sent and a copy placed in the treatment
facility's file.
(ii) The one-time notice must include these requirements:
Treatment Facility Paperwork Requirements Table
Required Information
1. EPA Hazardous Waste Numbers and Manifest Number of first
shipment
2. The waste is subject to the LDRs. The constituents of concern for
§268.7(b)
^
^
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F001-F005, and F039, and underlying hazardous constituents in
characteristic wastes, unless the waste will be treated and monitored
for all constituents. If all constituents will be treated and monitored,
there is no need to put them all on the LDR notice
3. The notice must include the applicable wastewater/ nonwastewater
category (see §§ 268. 2(d) and (f)) and subdivisions made within a
waste code based on waste-specific criteria (such as D003 reactive
cyanide)
4. Waste analysis data (when available)
5. For contaminated soil subject to LDRs as provided in 268.49(a),
the constituents subject to treatment as described in 268.49(d) and the
following statement, "this contaminated soil [does/does not] exhibit a
characteristic of hazardous waste and [is subject to/complies with] the
soil treatment standards as provided by 268.49(c)"
6. A certification is needed (see applicable section for exact wording)
^
^
^
^
(4) The treatment facility must submit a one-time certification signed by an authorized
representative with the initial shipment of waste or treatment residue of a restricted waste
to the land disposal facility. The certification must state:
I certify under penalty of law that I have personally examined and am familiar with the treatment
technology and operation of the treatment process used to support this certification. Based on my inquiry of
those individuals immediately responsible for obtaining this information, I believe that the treatment
process has been operated and maintained properly so as to comply with the treatment standards specified
in 40 CFR 268.40 without impermissible dilution of the prohibited waste. I am aware there are significant
penalties for submitting a false certification, including the possibility of fine and imprisonment.
A certification is also necessary for contaminated soil and it must state:
I certify under penalty of law that I have personally examined and am familiar with the treatment
technology and operation of the treatment process used to support this certification and believe that it has
been maintained and operated properly so as to comply with treatment standards specified in 40 CFR
268.49 without impermissible dilution of the prohibited wastes. I am aware there are significant penalties
for submitting a false certification, including the possibility of fine and imprisonment.
(i) A copy of the certification must be placed in the treatment facility's on-site files. If the
waste or treatment residue changes, or the receiving facility changes, a new certification
must be sent to the receiving facility, and a copy placed in the file.
(ii) Debris excluded from the definition of hazardous waste under §261.3(f) of this
chapter (i.e., debris treated by an extraction or destruction technology provided by Table
1, §268.45, and debris that the Director has determined does not contain hazardous
waste), however, is subject to the notification and certification requirements of paragraph
(d) of this section rather than the certification requirements of this paragraph.
(iii) For wastes with organic constituents having treatment standards expressed as
concentration levels, if compliance with the treatment standards is based in whole or in
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part on the analytical detection limit alternative specified in §268.40(d), the certification,
signed by an authorized representative, must state the following:
I certify under penalty of law that I have personally examined and am familiar with the treatment
technology and operation of the treatment process used to support this certification. Based on my inquiry of
those individuals immediately responsible for obtaining this information, I believe that the nonwastewater
organic constituents have been treated by combustion units as specified in 268.42. Table 1.1 have been
unable to detect the nonwastewater organic constituents, despite having used best good-faith efforts to
analyze for such constituents. I am aware there are significant penalties for submitting a false certification,
including the possibility of fine and imprisonment.
(iv) For characteristic wastes that are subject to the treatment standards in §268.40 (other
than those expressed as a method of treatment), or §268.49, and that contain underlying
hazardous constituents as defined in §268.2(i): if these wastes are treated on-site to
remove the hazardous characteristic; and are then sent off-site for treatment of underlying
hazardous constituents, the certification must state the following:
I certify under penalty of law that the waste has been treated in accordance with the requirements of 40
CFR 268.40 or 268.49 to remove the hazardous characteristic. This decharacterized waste contains
underlying hazardous constituents that require further treatment to meet treatment standards. I am aware
that there are significant penalties for submitting a false certification, including the possibility of fine and
imprisonment.
(v) For characteristic wastes that contain underlying hazardous constituents as defined
§268.2(1) that are treated on-site to remove the hazardous characteristic to treat
underlying hazardous constituents to levels in §268.48 Universal Treatment Standards,
the certification must state the following:
I certify under penalty of law that the waste has been treated in accordance with the requirements of 40
CFR 268.40 to remove the hazardous characteristic and that underlying hazardous constituents, as defined
in §268.2(1) have been treated on-site to meet the §268.48 Universal Treatment Standards. I am aware that
there are significant penalties for submitting a false certification, including the possibility of fine and
imprisonment.
(5) If the waste or treatment residue will be further managed at a different treatment,
storage, or disposal facility, the treatment, storage, or disposal facility sending the waste
or treatment residue off-site must comply with the notice and certification requirements
applicable to generators under this section.
(6) Where the wastes are recyclable materials used in a manner constituting disposal
subject to the provisions of §266.20(b) of this chapter regarding treatment standards and
prohibition levels, the owner or operator of a treatment facility (i.e., the recycler) must,
for the initial shipment of waste, prepare a one-time certification described in paragraph
(b)(4) of this section, and a one-time notice which includes the information in paragraph
(b)(3) of this section (except the manifest number). The certification and notification
must be placed in the facility's on-site files. If the waste or the receiving facility changes,
a new certification and notification must be prepared and placed in the on site files. In
addition, the recycling facility must also keep records of the name and location of each
entity receiving the hazardous waste-derived product.
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(c) Except where the owner or 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
or operator of any land disposal facility disposing any waste subject to restrictions under
this part must:
(1) Have copies of the notice and certifications specified in paragraph (a) or (b) of this
section.
(2) Test the waste, or an extract of the waste or treatment residue developed using test
method 1311 (the Toxicity Characteristic Leaching Procedure, described in "Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication
SW-846 as incorporated by reference in §260.11 of this chapter), to assure that the
wastes or treatment residues are in compliance with the applicable treatment standards set
forth in subpart D of this part. Such testing must be performed according to the frequency
specified in the facility's waste analysis plan as required by §264.13 or §265.13 of this
chapter.
(d) Generators or treaters who first claim that hazardous debris is excluded from the
definition of hazardous waste under §261.3(f) of this chapter (i.e., debris treated by an
extraction or destruction technology provided by Table 1, §268.45, and debris that the
EPA Regional Administrator (or his designated representative) or State authorized to
implement part 268 requirements has determined does not contain hazardous waste) are
subject to the following notification and certification requirements:
(1) A one-time notification, including the following information, must be submitted to the
EPA Regional hazardous waste management division director (or his designated
representative) or State authorized to implement part 268 requirements:
(i) The name and address of the Subtitle D facility receiving the treated debris;
(ii) A description of the hazardous debris as initially generated, including the applicable
EPA Hazardous Waste Number(s); and
(iii) For debris excluded under §261.3(f)(l) of this chapter, the technology from Table 1,
§268.45, used to treat the debris.
(2) The notification must be updated if the debris is shipped to a different facility, and,
for debris excluded under §26L2(f)(l) of this chapter, if a different type of debris is
treated or if a different technology is used to treat the debris.
(3) For debris excluded under §261.3(f)(l) of this chapter, the owner or operator of the
treatment facility must document and certify compliance with the treatment standards of
Table 1, §268.45, as follows:
(i) Records must be kept of all inspections, evaluations, and analyses of treated debris
that are made to determine compliance with the treatment standards;
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(ii) Records must be kept of any data or information the treater obtains during treatment
of the debris that identifies key operating parameters of the treatment unit; and
(iii) For each shipment of treated debris, a certification of compliance with the treatment
standards must be signed by an authorized representative and placed in the facility's files.
The certification must state the following: "I certify under penalty of law that the debris
has been treated in accordance with the requirements of 40 CFR 268.45.1 am aware that
there are significant penalties for making a false certification, including the possibility of
fine and imprisonment."
(e) Generators and treaters who first receive from EPA or an authorized state a
determination that a given contaminated soil subject to LDRs as provided in §268.49(a)
no longer contains a listed hazardous waste and generators and treaters who first
determine that a contaminated soil subject to LDRs as provided in §268.49(a) no longer
exhibits a characteristic of hazardous waste must:
(1) Prepare a one-time only documentation of these determinations including all
supporting information; and,
(2) Maintain that information in the facility files and other records for a minimum of
three years.
[51 FR 4063 8, Nov. 7, 1986; 52 FR 21016, June 4,1987]
Editorial Note: For Federal Register citations affecting §268.7, see the List of CFR
Sections Affected, which appears in the Finding Aids section of the printed volume and
on GPO Access.
§268.8 [Reserved]
§ 268.9 Special rules regarding wastes that exhibit a characteristic.
(a) The initial generator of a solid waste must determine each EPA Hazardous Waste
Number (waste code) applicable to the waste in order to determine the applicable
treatment standards under subpart D of this part. This determination may be made
concurrently with the hazardous waste determination required in §262.11 of this chapter.
For purposes of part 268, the waste will carry the waste code for any applicable listed
waste (40 CFR part 261, subpart D). In addition, where the waste exhibits a
characteristic, the waste will carry one or more of the characteristic waste codes (40 CFR
part 261, subpart C), except when the treatment standard for the listed waste operates in
lieu of the treatment standard for the characteristic waste, as specified in paragraph (b) of
this section. If the generator determines that their waste displays a hazardous
characteristic (and is not D001 nonwastewaters treated by CMBST, RORGS, OR
POLYM of §268.42, Table 1), the generator must determine the underlying hazardous
constituents (as defined at §268.2(iV) in the characteristic waste.
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(b) Where a prohibited waste is both listed under 40 CFR part 261, subpart D and
exhibits a characteristic under 40 CFR part 261, subpart C, the treatment standard for the
waste code listed in 40 CFR part 261, subpart D will operate in lieu of the standard for
the waste code under 40 CFR part 261, subpart C, provided that the treatment standard
for the listed waste includes a treatment standard for the constituent that causes the waste
to exhibit the characteristic. Otherwise, the waste must meet the treatment standards for
all applicable listed and characteristic waste codes.
(c) In addition to any applicable standards determined from the initial point of generation,
no prohibited waste which exhibits a characteristic under 40 CFR part 261, subpart C
may be land disposed unless the waste complies with the treatment standards under
subpart D of this part.
(d) Wastes that exhibit a characteristic are also subject to §268.7 requirements, except
that once the waste is no longer hazardous, a one-time notification and certification must
be placed in the generator's or treater's on-site files. The notification and certification
must be updated if the process or operation generating the waste changes and/or if the
subtitle D facility receiving the waste changes.
(1) The notification must include the following information:
(i) Name and address of the RCRA Subtitle D facility receiving the waste shipment; and
(ii) A description of the waste as initially generated, including the applicable EPA
hazardous waste code(s), treatability group(s), and underlying hazardous constituents (as
defined in §268.2(1)), unless the waste will be treated and monitored for all underlying
hazardous constituents. 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.
(2) The certification must be signed by an authorized representative and must state the
language found in §268/7(b)(4).
(i) If treatment removes the characteristic but does not meet standards applicable to
underlying hazardous constituents, then the certification found in §268/7(b)(4)(iv)
applies.
(ii) [Reserved]
[55 FR 22688, June 1, 1990, as amended at 56 FR 3878, Jan. 31, 1991; 57 FR 37271,
Aug. 18, 1992; 58 FR 29885, May 24, 1993; 59 FR 48045, Sept. 19, 1994; 60FR245,
Jan. 3, 1995; 61 FR 15599, 15662, Apr. 8, 1996; 62 FR 26022, May 12, 1997; 64 FR
25415, May 11, 1999; 71 FR 16913, Apr. 4, 2006]
Subpart B—Schedule for Land Disposal Prohibition and Establishment of
Treatment Standards
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Source: 51 FR 19305, May 28, 1986, unless otherwise noted.
§§ 268.10-268.12 [Reserved]
§ 268.13 Schedule for wastes identified or listed after November 8,1984.
In the case of any hazardous waste identified or listed under section 3001 after November
8, 1984, the Administrator shall make a land disposal prohibition determination within 6
months after the date of identification or listing.
§ 268.14 Surface impoundment exemptions.
(a) This section defines additional circumstances under which an otherwise prohibited
waste may continue to be placed in a surface impoundment.
(b) Wastes which are newly identified or listed under section 3001 after November 8,
1984, and stored in a surface impoundment that is newly subject to subtitle C of RCRA
as a result of the additional identification or listing, may continue to be stored in the
surface impoundment for 48 months after the promulgation of the additional listing or
characteristic, notwithstanding that the waste is otherwise prohibited from land disposal,
provided that the surface impoundment is in compliance with the requirements of subpart
F of part 265 of this chapter within 12 months after promulgation of the new listing or
characteristic.
(c) Wastes which are newly identified or listed under section 3001 after November 8,
1984, and treated in a surface impoundment that is newly subject to subtitle C of RCRA
as a result of the additional identification or listing, may continue to be treated in that
surface impoundment, notwithstanding that the waste is otherwise prohibited from land
disposal, provided that surface impoundment is in compliance with the requirements of
subpart F of part 265 of this chapter within 12 months after the promulgation of the new
listing or characteristic. In addition, if the surface impoundment continues to treat
hazardous waste after 48 months from promulgation of the additional listing or
characteristic, it must then be in compliance with §268.4.
[57 FR 37271, Aug. 18, 1992, as amended at 71 FR 40278, July 14, 2006]
Subpart C—Prohibitions on Land Disposal
§ 268.20 Waste specific prohibitions—Dyes and/or pigments production wastes.
(a) Effective August 23, 2005, the waste specified in 40 CFR part 261 as EPA Hazardous
Waste Number K181, and soil and debris contaminated with this waste, radioactive
wastes mixed with this waste, and soil and debris contaminated with radioactive wastes
mixed with this waste are prohibited from land disposal.
(b) The requirements of paragraph (a) of this section do not apply if:
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(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 treatment standards established pursuant to a petition
granted under §268.44;
(4) Hazardous debris has met the treatment standards in §268.40 or the alternative
treatment standards in §268.45; or
(5) Persons have been granted an extension to the effective date of a prohibition pursuant
to §268.5, with respect to these wastes covered by the extension.
(c) To determine whether a hazardous waste identified in this section exceeds the
applicable treatment standards specified in §268.40, the initial generator must test a
sample of the waste extract or the entire waste, depending on whether the treatment
standards are expressed as concentrations in the waste extract of the waste, or the
generator may use knowledge of the waste. If the waste contains regulated constituents in
excess of the applicable subpart D levels, the waste is prohibited from land disposal, and
all requirements of part 268 are applicable, except as otherwise specified.
[70 FR 9177, Feb. 24, 2005]
§§ 268.21-268.29 [Reserved]
§ 268.30 Waste specific prohibitions—wood preserving wastes.
(a) Effective August 11, 1997, the following wastes are prohibited from land disposal: the
wastes specified in 40 CFR part 261 as EPA Hazardous Waste numbers F032, F034, and
F035.
(b) Effective May 12, 1999, the following wastes are prohibited from land disposal: soil
and debris contaminated with F032, F034, F035; and radioactive wastes mixed with EPA
Hazardous waste numbers F032, F034, and F035.
(c) Between May 12, 1997 and May 12, 1999, soil and debris contaminated with F032,
F034, F035; and radioactive waste mixed with F032, F034, and F035 may be disposed in
a landfill or surface impoundment only if such unit is in compliance with the
requirements specified in §268.5(h)(2) of this part.
(d) The requirements of paragraphs (a) and (b) of this section do not apply if:
(1) The wastes meet the applicable treatment standards specified in Subpart D of this
part;
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(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 wastes covered by the extension.
(e) To determine whether a hazardous waste identified in this section exceeds the
applicable treatment standards specified in §268.40, the initial generator must test a
sample of the waste extract or the entire waste, depending on whether the treatment
standards are expressed as concentrations in the waste extract or the waste, or the
generator may use knowledge of the waste. If the waste contains constituents in excess of
the applicable Universal Treatment Standard levels of §268.48 of this part, the waste is
prohibited from land disposal, and all requirements of part 268 are applicable, except as
otherwise specified.
[62 FR 26022, May 12, 1997]
§ 268.31 Waste specific prohibitions—Dioxin-containing wastes.
(a) Effective November 8, 1988, the dioxin-containing wastes specified in 40 CFR
261.31 as EPA Hazardous Waste Nos. F020, F021, F022, F023, F026, F027, and F028,
are prohibited from land disposal unless the following condition applies:
(1) The F020-F023 and F026-F028 dioxin-containing waste is contaminated soil and
debris resulting from a response action taken under section 104 or 106 of the
Comprehensive Environmental Response, Compensation, and Liability Act of 1980
(CERCLA) or a corrective action taken under subtitle C of the Resource Conservation
and Recovery Act (RCRA).
(b) Effective November 8, 1990, the F020-F023 and F026-F028 dioxin-containing
wastes listed in paragraph (a)(l) of this section are prohibited from land disposal.
(c) Between November 8, 1988, and November 8, 1990, wastes included in paragraph
(a)(l) of this section may be disposed in a landfill or surface impoundment only if such
unit is in compliance with the requirements specified in §268.5(h)(2) and all other
applicable requirements of parts 264 and 265 of this chapter.
(d) The requirements of paragraphs (a) and (b) of this section do not apply if:
(1) The wastes meet the standards of subpart D of this part; or
(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; or
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(3) Persons have been granted an extension to the effective date of a prohibition pursuant
to §268.5, with respect to those wastes covered by the extension.
[53 FR 31216, Aug. 17, 1988]
§ 268.32 Waste specific prohibitions—Soils exhibiting the toxicity characteristic for
metals and containing PCBs.
(a) Effective December 26, 2000, the following wastes are prohibited from land disposal:
any volumes of soil exhibiting the toxicity characteristic solely because of the presence of
metals (D004—D011) and containing PCBs.
(b) The requirements of paragraph (a) of this section do not apply if:
(l)(i) The wastes contain halogenated organic compounds in total concentration less than
l,000mg/kg;and
(ii) The wastes meet the treatment standards specified in Subpart D of this part for EPA
hazardous waste numbers D004—D011, as applicable; or
(2)(i) The wastes contain halogenated organic compounds in total concentration less than
l,000mg/kg;and
(ii) The wastes meet the alternative treatment standards specified in §268.49 for
contaminated soil; or
(3) 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; or
(4) The wastes meet applicable alternative treatment standards established pursuant to a
petition granted under §268.44.
[65 FR 81380, Dec. 26, 2000]
§ 268.33 Waste specific prohibitions—chlorinated aliphatic wastes.
(a) Effective May 8, 2001, the wastes specified in 40 CFR part 261 as EPA Hazardous
Wastes Numbers K174, and K175, soil and debris contaminated with these wastes,
radioactive wastes mixed with these wastes, and soil and debris contaminated with
radioactive wastes mixed with these wastes are prohibited from land disposal.
(b) The requirements of paragraph (a) of this section do not apply if:
(1) The wastes meet the applicable treatment standards specified in subpart D of this part;
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(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 treatment standards established pursuant to a petition
granted under §268.44;
(4) Hazardous debris has met the treatment standards in §268.40 or the alternative
treatment standards in §268.45; or
(5) Persons have been granted an extension to the effective date of a prohibition pursuant
to §268.5, with respect to these wastes covered by the extension.
(c) To determine whether a hazardous waste identified in this section exceeds the
applicable treatment standards specified in §268.40, the initial generator must test a
sample of the waste extract or the entire waste, depending on whether the treatment
standards are expressed as concentrations in the waste extract or the waste, or the
generator may use knowledge of the waste. If the waste contains regulated constituents in
excess of the applicable levels of subpart D of this part, the waste is prohibited from land
disposal, and all requirements of part 268 are applicable, except as otherwise specified.
(d) Disposal of K175 wastes that have complied with all applicable 40 CFR 268.40
treatment standards must also be macroencapsulated in accordance with 40 CFR 268.45
Table 1 unless the waste is placed in:
(1) A Subtitle C monofill containing only K175 wastes that meet all applicable 40 CFR
268.40 treatment standards; or
(2) A dedicated Subtitle C landfill cell in which all other wastes being co-disposed are at
pH<6.0.
[65 FR 67127, Nov. 8,2000]
§ 268.34 Waste specific prohibitions—toxicity characteristic metal wastes.
(a) Effective August 24, 1998, the following wastes are prohibited from land disposal: the
wastes specified in 40 CFR Part 261 as EPA Hazardous Waste numbers D004-D011 that
are newly identified (i.e. wastes, soil, or debris identified as hazardous by the Toxic
Characteristic Leaching Procedure but not the Extraction Procedure), and waste, soil, or
debris from mineral processing operations that is identified as hazardous by the
specifications at 40 CFR Part 261.
(b) Effective November 26, 1998, the following waste is prohibited from land disposal:
Slag from secondary lead smelting which exhibits the Toxicity Characteristic due to the
presence of one or more metals.
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(c) Effective May 26, 2000, the following wastes are prohibited from land disposal:
newly identified characteristic wastes from elemental phosphorus processing; radioactive
wastes mixed with EPA Hazardous wastes D004-D011 that are newly identified (i.e.,
wastes, soil, or debris identified as hazardous by the Toxic Characteristic Leaching
Procedure but not the Extraction Procedure); or mixed with newly identified
characteristic mineral processing wastes, soil, or debris.
(d) Between May 26, 1998 and May 26, 2000, newly identified characteristic wastes from
elemental phosphorus processing, radioactive waste mixed with D004-D011 wastes that
are newly identified (i.e., wastes, soil, or debris identified as hazardous by the Toxic
Characteristic Leaching Procedure but not the Extraction Procedure), or mixed with
newly identified characteristic mineral processing wastes, soil, or debris may be disposed
in a landfill or surface impoundment only if such unit is in compliance with the
requirements specified in §268.5(h) of this part.
(e) The requirements of paragraphs (a) and (b) of this section do not apply if:
(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 these wastes covered by the extension.
(f) To determine whether a hazardous waste identified in this section exceeds the
applicable treatment standards specified in §268.40, the initial generator must test a
sample of the waste extract or the entire waste, depending on whether the treatment
standards are expressed as concentration in the waste extract or the waste, or the
generator may use knowledge of the waste. If the waste contains constituents (including
underlying hazardous constituents in characteristic wastes) in excess of the applicable
Universal Treatment Standard levels of §268.48 of this part, the waste is prohibited from
land disposal, and all requirements of part 268 are applicable, except as otherwise
specified.
[63 FR 28641, May 26, 1998, as amended at 63 FR 48127, Sept. 9, 1998]
§ 268.35 Waste specific prohibitions—petroleum refining wastes.
(a) Effective February 8, 1999, the wastes specified in 40 CFR part 261 as EPA
Hazardous Wastes Numbers K169, K170, K171, and K172, soils and debris
contaminated with these wastes, radioactive wastes mixed with these hazardous wastes,
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and soils and debris contaminated with these radioactive mixed wastes, are prohibited
from land disposal.
(b) The requirements of paragraph (a) of this section do not apply if:
(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 treatment standards established pursuant to a petition
granted under §268.44;
(4) Hazardous debris that have met treatment standards in §268.40 or in the alternative
treatment standards in §268.45; or
(5) Persons have been granted an extension to the effective date of a prohibition pursuant
to §268.5, with respect to these wastes covered by the extension.
(c) To determine whether a hazardous waste identified in this section exceeds the
applicable treatment standards specified in §268.40, the initial generator must test a
sample of the waste extract or the entire waste, depending on whether the treatment
standards are expressed as concentrations in the waste extract or the waste, or the
generator may use knowledge of the waste. If the waste contains constituents in excess of
the applicable Universal Treatment Standard levels of §268.48, the waste is prohibited
from land disposal, and all requirements of this part are applicable, except as otherwise
specified.
[63 FR 42186, Aug. 6, 1998]
§ 268.36 Waste specific prohibitions—inorganic chemical wastes
(a) Effective May 20, 2002, the wastes specified in 40 CFR part 261 as EPA Hazardous
Wastes Numbers K176, K177, and K178, and soil and debris contaminated with these
wastes, radioactive wastes mixed with these wastes, and soil and debris contaminated
with radioactive wastes mixed with these wastes are prohibited from land disposal.
(b) The requirements of paragraph (a) of this section do not apply if:
(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;
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(3) The wastes meet the applicable treatment standards established pursuant to a petition
granted under §268.44;
(4) Hazardous debris has met the treatment standards in §268.40 or the alternative
treatment standards in §268.45; or
(5) Persons have been granted an extension to the effective date of a prohibition pursuant
to §268.5, with respect to these wastes covered by the extension.
(c) To determine whether a hazardous waste identified in this section exceeds the
applicable treatment standards specified in §268.40, the initial generator must test a
sample of the waste extract or the entire waste, depending on whether the treatment
standards are expressed as concentrations in the waste extract or the waste, or the
generator may use knowledge of the waste. If the waste contains regulated constituents in
excess of the applicable subpart D levels, the waste is prohibited from land disposal, and
all requirements of this part are applicable, except as otherwise specified.
[66 FR 58298, Nov. 20, 2001]
§ 268.37 Waste specific prohibitions—ignitable and corrosive characteristic wastes
whose treatment standards were vacated.
(a) Effective August 9, 1993, the wastes specified in 40 CFR 261.21 as D001 (and is not
in the High TOC Ignitable Liquids Subcategory), and specified in §261.22 as D002, that
are managed in systems other than those whose discharge is regulated under the Clean
Water Act (CWA), or that inject in Class I deep wells regulated under the Safe Drinking
Water Act (SDWA), or that are zero dischargers that engage in CWA-equivalent
treatment before ultimate land disposal, are prohibited from land disposal. CWA-
equivalent treatment 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 greater than these technologies.
(b) Effective February 10, 1994, the wastes specified in 40 CFR 261.21 as D001 (and is
not in the High TOC Ignitable Liquids Subcategory), and specified in §261.22 as D002,
that are managed in systems defined in 40 CFR 144.6(e) and 146.6(e) as Class V
injection wells, that do not engage in CWA-equivalent treatment before injection, are
prohibited from land disposal.
[58 FR 29885, May 24, 1993]
§ 268.38 Waste specific prohibitions—newly identified organic toxicity
characteristic wastes and newly listed coke by-product and chlorotoluene
production wastes.
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(a) Effective December 19, 1994, the wastes specified in 40 CFR 261.32 as EPA
Hazardous Waste numbers K141, K142, K143, K144, K145, K147, K148, K149, K150,
and K151 are prohibited from land disposal. In addition, debris contaminated with EPA
Hazardous Waste numbers F037, F038, K107-K112, Kl 17, Kl 18, K123-K126, K131,
K132, K136, U328, U353, U359, and soil and debris contaminated with D012-D043,
K141-K145, and K147-K151 are prohibited from land disposal. The following wastes
that are specified in 40 CFR 261.24. Table 1 as EPA Hazardous Waste numbers: D012,
D013, D014, D015, D016, D017, D018, D019, D020, D021, D022, D023, D024, D025,
D026, D027, D028, D029, D030, D031, D032, D033, D034, D035, D036, D037, D038,
D039, D040, D041, D042, D043 that are not radioactive, or that are managed in systems
other than those whose discharge is regulated under the Clean Water Act (CWA), or that
are zero dischargers that do not engage in CWA-equivalent treatment before ultimate
land disposal, or that are injected in Class I deep wells regulated under the Safe Drinking
Water Act (SDWA), are prohibited from land disposal. CWA-equivalent treatment 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.
(b) On September 19, 1996, radioactive wastes that are mixed with D018-D043 that are
managed in systems other than those whose discharge is regulated under the Clean Water
Act (CWA), or that inject in Class I deep wells regulated under the Safe Drinking Water
Act (SDWA), or that are zero dischargers that engage in CWA-equivalent treatment
before ultimate land disposal, are prohibited from land disposal. CWA-equivalent
treatment 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
greater than these technologies. Radioactive wastes mixed with K141-K145, and K147-
K151 are also prohibited from land disposal. In addition, soil and debris contaminated
with these radioactive mixed wastes are prohibited from land disposal.
(c) Between December 19, 1994 and September 19, 1996, the wastes included in
paragraphs (b) of this section may be disposed in a landfill or surface impoundment, only
if such unit is in compliance with the requirements specified in §268.5(h)(2) of this Part.
(d) The requirements of paragraphs (a), (b), and (c) of this section do not apply if:
(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;
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(4) Persons have been granted an extension to the effective date of a prohibition pursuant
to §268.5, with respect to these wastes covered by the extension.
(e) To determine whether a hazardous waste identified in this section exceeds the
applicable treatment standards specified in §268.40, the initial generator must test a
sample of the waste extract or the entire waste, depending on whether the treatment
standards are expressed as concentrations in the waste extract or the waste, or the
generator may use knowledge of the waste. If the waste contains constituents in excess of
the applicable Subpart D levels, the waste is prohibited from land disposal, and all
requirements of part 268 are applicable, except as otherwise specified.
[59 FR 48045, Sept. 19, 1995]
§ 268.39 Waste specific prohibitions—spent aluminum potliners; reactive; and
carbamate wastes.
(a) On July 8, 1996, the wastes specified in 40 CFR 261.32 as EPA Hazardous Waste
numbers K156-K159, and K161; and in 40 CFR 261.33 as EPA Hazardous Waste
numbers P127, P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, U278-
U280, U364, U367, U372, U373, U387, U389, U394, U395, U404, and U409-U411 are
prohibited from land disposal. In addition, soil and debris contaminated with these wastes
are prohibited from land disposal.
(b) On July 8, 1996, the wastes identified in 40 CFR 261.23 as D003 that are managed in
systems other than those whose discharge is regulated under the Clean Water Act
(CWA), or that inject in Class I deep wells regulated under the Safe Drinking Water Act
(SDWA), or that are zero dischargers that engage in CWA-equivalent treatment before
ultimate land disposal, are prohibited from land disposal. This prohibition does not apply
to unexploded ordnance and other explosive devices which have been the subject of an
emergency response. (Such D003 wastes are prohibited unless they meet the treatment
standard of DEACT before land disposal (see §268.40)).
(c) On September 21, 1998, the wastes specified in 40 CFR 261.32 as EPA Hazardous
Waste number K088 are prohibited from land disposal. In addition, soil and debris
contaminated with these wastes are prohibited from land disposal.
(d) On April 8, 1998, radioactive wastes mixed with K088, K156-K159, K161, P127,
P128, P185, P188-P192, P194, P196-P199, P201-P205, U271, U278-U280, U364,
U367, U372, U373, U387, U389, U394, U395, U404, and U409-U411 are prohibited
from land disposal. In addition, soil and debris contaminated with these radioactive
mixed wastes are prohibited from land disposal.
(e) Between July 8, 1996, and April 8, 1998, the wastes included in paragraphs (a), (c),
and (d) of this section may be disposed in a landfill or surface impoundment, only if such
unit is in compliance with the requirements specified in §268.5(h)(2).
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(f) The requirements of paragraphs (a), (b), (c), and (d) of this section do not apply if:
(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;
(4) Persons have been granted an extension to the effective date of a prohibition pursuant
to §268.5, with respect to these wastes covered by the extension.
(g) To determine whether a hazardous waste identified in this section exceeds the
applicable treatment standards specified in §268.40, the initial generator must test a
sample of the waste extract or the entire waste, depending on whether the treatment
standards are expressed as concentrations in the waste extract or the waste, or the
generator may use knowledge of the waste. If the waste contains constituents in excess of
the applicable Subpart D levels, the waste is prohibited from land disposal, and all
requirements of this part 268 are applicable, except as otherwise specified.
[61 FR 15663, Apr. 8, 1996, as amended at 61 FR 33683, June 28, 1996; 62 FR 1997,
Jan. 14, 1997; 62 FR 32979, June 17, 1997; 62 FR 37699, July 14, 1997; 63 FR 51264,
Sept. 24, 1998]
Subpart D—Treatment Standards
§ 268.40 Applicability of treatment standards.
(a) A prohibited waste identified in the table "Treatment Standards for Hazardous
Wastes" may be land disposed only if it meets the requirements found in the table. For
each waste, the table identifies one of three types of treatment standard requirements:
(1) All hazardous constituents in the waste or in the treatment residue must be at or below
the values found in the table for that waste ("total waste standards"); or
(2) The hazardous constituents in the extract of the waste or in the extract of the treatment
residue must be at or below the values found in the table ("waste extract standards"); or
(3) The waste must be treated using the technology specified in the table ("technology
standard"), which are described in detail in §268.42, Table 1—Technology Codes and
Description of Technology-Based Standards.
(b) For wastewaters, compliance with concentration level standards is based on
maximums for any one day, except for D004 through D011 wastes for which the
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previously promulgated treatment standards based on grab samples remain in effect. For
all nonwastewaters, compliance with concentration level standards is based on grab
sampling. For wastes covered by the waste extract standards, the test Method 1311, the
Toxicity Characteristic Leaching Procedure found in "Test Methods for Evaluating Solid
Waste, Physical/Chemical Methods," EPA Publication SW-846, as incorporated by
reference in §260.11, must be used to measure compliance. An exception is made for
D004 and D008, for which either of two test methods may be used: Method 1311, or
Method 1310B, the Extraction Procedure Toxicity Test. For wastes covered by a
technology standard, the wastes may be land disposed after being treated using that
specified technology or an equivalent treatment technology approved by the
Administrator under the procedures set forth in §268.42(b).
(c) When wastes with differing treatment standards for a constituent of concern are
combined for purposes of treatment, the treatment residue must meet the lowest treatment
standard for the constituent of concern.
(d) Notwithstanding the prohibitions specified in paragraph (a) of this section, treatment
and disposal facilities may demonstrate (and certify pursuant to 40 CFR 268/7(b)(5))
compliance with the treatment standards for organic constituents specified by a footnote
in the table "Treatment Standards for Hazardous Wastes" in this section, provided the
following conditions are satisfied:
(1) The treatment standards for the organic constituents were established based on
incineration in units operated in accordance with the technical requirements of 40 CFR
part 264, subpart O, or based on combustion in fuel substitution units operating in
accordance with applicable technical requirements;
(2) The treatment or disposal facility has used the methods referenced in paragraph (d)(l)
of this section to treat the organic constituents; and
(3) The treatment or disposal facility may demonstrate compliance with organic
constituents if good-faith analytical efforts achieve detection limits for the regulated
organic constituents that do not exceed the treatment standards specified in this section
by an order of magnitude.
(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 Clean 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(iV) must meet Universal
Treatment Standards, found in §268.48, Table Universal Treatment Standards, prior to
land disposal as defined in §268.2(c) of this part.
(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. Compliance is measured for these constituents in the waste extract
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from test Method 1311, the Toxicity Characteristic Leaching Procedure found in "Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods", EPA Publication
SW-846, as incorporated by reference in §260.11. If the waste contains any of these three
constituents along with any of the other 25 constituents found in F001-F005, then
compliance with treatment standards for carbon disulfide, cyclohexanone, and/or
methanol are not required.
(g) Between August 26, 1996 and March 4, 1999 the treatment standards for the wastes
specified in 40 CFR 261.32 as EPA Hazardous Waste numbers K156-K161; and in 40
CFR261.33 as EPA Hazardous Waste numbers P127, P128, P185, P188-P192, P194,
P196-P199, P201-P205, U271, U277-U280, U364-U367, U372, U373, U375-U379,
U381-U387, U389-U396, U400-U404, U407, and U409-U411; and soil contaminated
with these wastes; may be satisfied by either meeting the constituent concentrations
presented in the table "Treatment Standards for Hazardous Wastes" in this section, or by
treating the waste by the following technologies: combustion, as defined by the
technology code CMBST at §268.42 Table 1, for nonwastewaters; and, biodegradation as
defined by the technology code BIODG, carbon adsorption as defined by the technology
code CARBN, chemical oxidation as defined by the technology code CHOXD, or
combustion as defined as technology code CMBST at §268.42 Table 1, for wastewaters.
(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 re-
treated to meet treatment standards in this section prior to land disposal.
(i) [Reserved]
(j) Effective September 4, 1998, the treatment standards for the wastes specified in 40
CFR 261.33 as EPA Hazardous Waste numbers P185, P191, P192, P197, U364, U394,
and U395 may be satisfied by either meeting the constituent concentrations presented in
the table "Treatment Standards for Hazardous Wastes" in this section, or by treating the
waste by the following technologies: combustion, as defined by the technology code
CMBST at §268.42 Table 1 of this Part, for nonwastewaters; and, biodegradation as
defined by the technology code BIODG, carbon adsorption as defined by the technology
code CARBN, chemical oxidation as defined by the technology code CHOXD, or
combustion as defined as technology code CMBST at §268.42 Table 1 of this Part, for
wastewaters.
TABLE: TREATMENT STANDARDS FOR HAZARDOUS WASTE
[59 FR 48046, Sept. 19, 1994]
Editorial Note: For Federal Register citations affecting §268.40, see the List of CFR
Sections Affected, which appears in the Finding Aids section of the printed volume and
on GPO Access.
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§ 268.41 Treatment standards expressed as concentrations in waste extract.
For the requirements previously found in this section and for treatment standards in Table
CCWE—Constituent Concentrations in Waste Extracts, refer to §268.40.
[59 FR 48103, Sept. 19, 1994]
§ 268.42 Treatment standards expressed as specified technologies.
Note: For the requirements previously found in this section in Table 2—Technology-Based Standards By
RCRA Waste Code, and Table 3—Technology-Based Standards for Specific Radioactive Hazardous Mixed
Waste, refer to §268.40.
(a) The following wastes in the table in §268.40 "Treatment Standards for Hazardous
Wastes," for which standards are expressed as a treatment method rather than a
concentration level, must be treated using the technology or technologies specified in the
table entitled "Technology Codes and Description of Technology-Based Standards" in
this section.
TABLE: TECHNOLOGY CODES AND DESCRIPTIONS OF TECHNOLOGY-
BASED STANDARDS.
(b) Any person may submit an application to the Administrator demonstrating that an
alternative treatment method can achieve a measure of performance equivalent to that
achieved by methods specified in paragraphs (a), (c), and (d) of this section for wastes or
specified in Table 1 of §268.45 for hazardous debris. The applicant must submit
information demonstrating that his treatment method is in compliance with federal, state,
and local requirements and is protective of human health and the environment. On the
basis of such information and any other available information, the Administrator may
approve the use of the alternative treatment method if he finds that the alternative
treatment method provides a measure of performance equivalent to that achieved by
methods specified in paragraphs (a), (c), and (d) of this section for wastes or in Table 1 of
§268.45 for hazardous debris. Any approval must be stated in writing and may contain
such provisions and conditions as the Administrator deems appropriate. The person to
whom such approval is issued must comply with all limitations contained in such a
determination.
(c) As an alternative to the otherwise applicable subpart D treatment standards, lab packs
are eligible for land disposal provided the following requirements are met:
(1) The lab packs comply with the applicable provisions of 40 CFR 264.316 and 40 CFR
265.316:
(2) The lab pack does not contain any of the wastes listed in Appendix IV to part 268:
(3) The lab packs are incinerated in accordance with the requirements of 40 CFR part
264. subpart O or 40 CFR part 265. subpart O; and
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(4) Any incinerator residues from lab packs containing D004, D005, D006, D007, D008,
DO 10, and D011 are treated in compliance with the applicable treatment standards
specified for such wastes in subpart D of this part.
(d) Radioactive hazardous mixed wastes are subject to the treatment standards in
§268.40. Where treatment standards are specified for radioactive mixed wastes in the
Table of Treatment Standards, those treatment standards will govern. Where there is no
specific treatment standard for radioactive mixed waste, the treatment standard for the
hazardous waste (as designated by EPA waste code) applies. Hazardous debris containing
radioactive waste is subject to the treatment standards specified in §268.45.
[51 FR 40642, Nov. 7, 1986, as amended at 52 FR 25790, July 8, 1987; 55 FR 22692,
June 1, 1990; 56 FR 3884, Jan. 31, 1991; 57 FR 8089, Mar. 6, 1992; 57 FR 37273, Aug.
18, 1992; 58 FR 29885, May 24, 1993; 59 FR 31552, June 20, 1994; 59 FR 48103, Sept.
19, 1994; 60 FR 302, Jan. 3, 1995; 61 FR 15654, Apr. 8, 1996; 62 FR 26025, May 12,
1997; 63 FR 28738, May 26, 1998; 71 FR 40278, July 14, 2006]
§ 268.43 Treatment standards expressed as waste concentrations.
For the requirements previously found in this section and for treatment standards in Table
CCW—Constituent Concentrations in Wastes, refer to §268.40.
[59 FR 48103, Sept. 19, 1994]
§ 268.44 Variance from a treatment standard.
(a) Based on a petition filed by a generator or treater of hazardous waste, the
Administrator may approve a variance from an applicable treatment standard if:
(1) It is not physically possible to treat the waste to the level specified in the treatment
standard, or by the method specified as the treatment standard. To show that this is the
case, the petitioner must demonstrate that because the physical or chemical properties of
the waste differ significantly from waste analyzed in developing the treatment standard,
the waste cannot be treated to the specified level or by the specified method; or
(2) It is inappropriate to require the waste to be treated to the level specified in the
treatment standard or by the method specified as the treatment standard, even though
such treatment is technically possible. To show that this is the case, the petitioner must
either demonstrate that:
(i) Treatment to the specified level or by the specified method is technically inappropriate
(for example, resulting in combustion of large amounts of mildly contaminated
environmental media); or
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(ii) For remediation waste only, treatment to the specified level or by the specified
method is environmentally inappropriate because it would likely discourage aggressive
remediation.
(b) Each petition must be submitted in accordance with the procedures in §260.20.
(c) Each petition must include the following statement signed by the petitioner or an
authorized representative:
I certify under penalty of law that I have personally examined and am familiar with the information
submitted in this petition and all attached documents, and that, based on my inquiry of those individuals
immediately responsible for obtaining the information, I believe that the submitted information is true,
accurate, and complete. I am aware that there are significant penalties for submitting false information,
including the possibility of fine and imprisonment.
(d) After receiving a petition for variance from a treatment standard, the Administrator
may request any additional information or samples which he may require to evaluate the
petition. Additional copies of the complete petition may be requested as needed to send to
affected states and Regional Offices.
(e) The Administrator will give public notice in the Federal Register of the intent to
approve or deny a petition and provide an opportunity for public comment. The final
decision on a variance from a treatment standard will be published in the Federal
Register.
(f) A generator, treatment facility, or disposal facility that is managing a waste covered
by a variance from the treatment standards must comply with the waste analysis
requirements for restricted wastes found under §268.7.
(g) During the petition review process, the applicant is required to comply with all
restrictions on land disposal under this part once the effective date for the waste has been
reached.
(h) Based on a petition filed by a generator or treater of hazardous waste, the
Administrator or his or her delegated representative may approve a site-specific variance
from an applicable treatment standard if:
(1) It is not physically possible to treat the waste to the level specified in the treatment
standard, or by the method specified as the treatment standard. To show that this is the
case, the petitioner must demonstrate that because the physical or chemical properties of
the waste differ significantly from waste analyzed in developing the treatment standard,
the waste cannot be treated to the specified level or by the specified method; or
(2) It is inappropriate to require the waste to be treated to the level specified in the
treatment standard or by the method specified as the treatment standard, even though
such treatment is technically possible. To show that this is the case, the petitioner must
either demonstrate that:
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(i) Treatment to the specified level or by the specified method is technically inappropriate
(for example, resulting in combustion of large amounts of mildly contaminated
environmental media where the treatment standard is not based on combustion of such
media); or
(ii) For remediation waste only, treatment to the specified level or by the specified
method is environmentally inappropriate because it would likely discourage aggressive
remediation.
(3) For contaminated soil only, treatment to the level or by the method specified in the
soil treatment standards would result in concentrations of hazardous constituents that are
below (i.e., lower than) the concentrations necessary to minimize short- and long-term
threats to human health and the environment. Treatment variances approved under this
paragraph must:
(i) At a minimum, impose alternative land disposal restriction treatment standards that,
using a reasonable maximum exposure scenario:
(A) For carcinogens, achieve constituent concentrations that result in the total excess risk
to an individual exposed over a lifetime generally falling within a range from 1CT4 to
1(T6; and
(B) For constituents with non-carcinogenic effects, achieve constituent concentrations
that an individual could be exposed to on a daily basis without appreciable risk of
deleterious effect during a lifetime.
(ii) Not consider post-land-disposal controls.
(4) For contaminated soil only, treatment to the level or by the method specified in the
soil treatment standards would result in concentrations of hazardous constituents that are
below (i.e., lower than) natural background concentrations at the site where the
contaminated soil will land disposed.
(5) Public notice and a reasonable opportunity for public comment must be provided
before granting or denying a petition.
(i) Each application for a site-specific variance from a treatment standard must include
the information in §26O2Q(b)(l)-(4);
(j) After receiving an application for a site-specific variance from a treatment standard,
the Assistant Administrator, or his delegated representative, may request any additional
information or samples which may be required to evaluate the application.
(k) A generator, treatment facility, or disposal facility that is managing a waste covered
by a site-specific variance from a treatment standard must comply with the waste analysis
requirements for restricted wastes found under §268.7.
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(1) During the application review process, the applicant for a site-specific variance must
comply with all restrictions on land disposal under this part once the effective date for the
waste has been reached.
(m) For all variances, the petitioner must also demonstrate that compliance with any
given treatment variance is sufficient to minimize threats to human health and the
environment posed by land disposal of the waste. In evaluating this demonstration, EPA
may take into account whether a treatment variance should be approved if the subject
waste is to be used in a manner constituting disposal pursuant to 40 CFR 266.20 through
266.23.
(n) [Reserved]
(o) The following facilities are excluded from the treatment standards under §268.40, and
are subject to the following constituent concentrations:
TABLE: WASTES EXCLUDED FROM TREATMENT STANDARDS
[51 FR 40642, Nov. 7, 1986, as amended at 52 FR 21017, June 4, 1987; 53 FR 31221,
Aug. 17, 1988; 54 FR 36972, Sept. 6, 1989; 56 FR 12355, Mar. 25, 1991; 61 FR 55727,
Oct. 28, 1996; 62 FR 26025, May 12, 1997; 62 FR 64509, Dec. 5, 1997; 63 FR 28738,
May 26, 1998; 64 FR 28391, May 26, 1999; 66 FR 33890, June 26, 2001; 67 FR 35928,
May 22, 2002; 67 FR 36818, May 28, 2002; 69 FR 6575, Feb. 11, 2004; 69 FR 67653,
Nov. 19, 2004; 70 FR 34589, June 14, 2005; 70 FR 44511, Aug. 3, 2005; 71 FR6212,
Feb. 7, 2006; 71 FR 40279, July 14, 2006]
§ 268.45 Treatment standards for hazardous debris.
(a) Treatment standards. Hazardous debris must be treated prior to land disposal as
follows unless EPA determines under §261.3(f)(2) of this chapter that the debris is no
longer contaminated with hazardous waste or the debris is treated to the waste-specific
treatment standard provided in this subpart for the waste contaminating the debris:
(1) General. Hazardous debris must be treated for each "contaminant subject to
treatment" defined by paragraph (b) of this section using the technology or technologies
identified in Table 1 of this section.
(2) Characteristic debris. Hazardous debris that exhibits the characteristic of ignitability,
corrosivity, or reactivity identified under §§261.21, 261.22, and 261.23 of this chapter,
respectively, must be deactivated by treatment using one of the technologies identified in
Table 1 of this section.
(3) Mixtures of debris types. The treatment standards of Table 1 in this section must be
achieved for each type of debris contained in a mixture of debris types. If an
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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 under paragraph (b) of this section must be
treated for each contaminant using one or more treatment technologies identified in Table
1 of this section. 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 requirements of either 40 CFR part 761 or the requirements of this section,
whichever are more stringent.
(b) Contaminants 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 (TC) by §261.24 of this chapter are those EP
constituents for which the debris exhibits the TC toxicity characteristic.
(2) Debris contaminated with 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.
(3) Cyanide reactive debris. Hazardous debris that is reactive because of cyanide must be
treated for cyanide.
(c) Conditioned exclusion of treated debris. Hazardous debris that has been treated using
one of the specified extraction or destruction technologies in Table 1 of this section and
that does not exhibit a characteristic of hazardous waste identified under subpart C, part
261, of this chapter 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 an
immobilization technology specified in Table lisa 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 provided by subpart D of this part for the waste contaminating the
debris.
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(2) Nontoxic 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 by paragraph (b) of this section, must be
deactivated prior to land disposal and is not subject to the waste-specific treatment
standards of subpart D of this part.
(3) Cyanide-reactive debris. Residue from the treatment of debris that is reactive because
of cyanide must meet the treatment standards for D003 in "Treatment Standards for
Hazardous Wastes" at §268.40.
(4) Ignitable nonwastewater residue. Ignitable nonwastewaster residue containing equal
to or greater than 10% total organic carbon is subject to the technology specified in the
treatment standard for D001: Ignitable Liquids.
(5) Residue from spalling. Layers of debris removed by spalling are hazardous debris that
remain subject to the treatment standards of this section.
TABLE: ALTERNATIVE TREATMENT STANDARDS FOR HAZARDOUS
DEBRIS
[57 FR 37277, Aug. 18, 1992, as amended at 59 FR 48103, Sept. 19, 1994; 63 FR 28738,
May 26, 1998]
§ 268.46 Alternative treatment standards based on HTMR.
For the treatment standards previously found in this section, refer to §268.40.
[59 FR 48103, Sept. 19, 1994]
§ 268.48 Universal treatment standards.
(a) Table UTS identifies the hazardous constituents, along with the nonwastewater and
wastewater treatment standard levels, that are used to regulate most prohibited hazardous
wastes with numerical limits. For determining compliance with treatment standards for
underlying hazardous constituents as defined in §268.2(1), 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.
TABLE: UNIVERSAL TREATMENT STANDARDS
[59 FR 48103, Sept. 19, 1994, as amended by 60 FR 302, Jan. 3, 1995; 61 FR 15654,
Apr. 8 1996; 61 FR 33690, June 28, 1996; 62 FR 7596, Feb. 19, 1997; 63 FR 24626, May
4, 1998; 63 FR 28739, May 26, 1998; 63 FR 47417, Sept. 4, 1998; 64 FR 25417, May 11,
1999; 65 FR 14475, Mar. 17, 2000; 70 FR 34590, June 14, 2005; 70 FR 9178, Feb. 24,
2005; 71 FR 40279, July 14, 2006]
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§ 268.49 Alternative LDR treatment standards for contaminated soil.
(a) Applicability. You must comply with LDRs prior to placing soil that exhibits a
characteristic of hazardous waste, or exhibited a characteristic of hazardous waste at the
time it was generated, into a land disposal unit. The following chart describes whether
you must comply with LDRs prior to placing soil contaminated by listed hazardous waste
into a land disposal unit:
CHART: APPLICABILITY
(b) Prior to land disposal, contaminated soil identified by paragraph (a) of this section as
needing to comply with LDRs must be treated according to the applicable treatment
standards specified in paragraph (c) of this section or according to the Universal
Treatment Standards specified in 40 CFR 268.48 applicable to the contaminating listed
hazardous waste and/or the applicable characteristic of hazardous waste if the soil is
characteristic. 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.
(c) Treatment standards for contaminated soils. Prior to land disposal, contaminated soil
identified by paragraph (a) of this section as needing to comply with LDRs must be
treated according to all the standards specified in this paragraph or according to the
Universal Treatment Standards specified in 40 CFR 268.48.
(1) All soils. Prior to land disposal, all constituents subject to treatment must be treated as
follows:
(A) For non-metals except carbon disulfide, cyclohexanone, and methanol, treatment
must achieve 90 percent reduction in total constituent concentrations, except as provided
by paragraph (c)(l)(C) of this section.
(B) For metals and carbon disulfide, cyclohexanone, and methanol, 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), except
as provided by paragraph (c)(l)(C)of this section.
(C) When treatment of any constituent subject to treatment to a 90 percent reduction
standard would result in a concentration less than 10 times the Universal Treatment
Standard for that constituent, treatment to achieve constituent concentrations less than 10
times the universal treatment standard is not required. Universal Treatment Standards are
identified in 40 CFR 268.48 Table UTS.
(2) Soils that exhibit the characteristic ofignitability, corrosivity or reactivity. In addition
to the treatment required by paragraph (c)(l) of this section, prior to land disposal, soils
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that exhibit the characteristic of ignitability, corrosivity, or reactivity must be treated to
eliminate these characteristics.
(3) Soils that contain nonanalyzable constituents. In addition to the treatment
requirements of paragraphs (c)(l) and (2) of this section, prior to land disposal, the
following treatment is required for soils that contain nonanalyzable constituents:
(A) For soil that contains only analyzable and nonanalyzable organic constituents,
treatment of the analyzable organic constituents to the levels specified in paragraphs
(c)(l) and (2) of this section; or,
(B) For soil that contains only nonanalyzable constituents, treatment by the method(s)
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 §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, zinc, and that are present at concentrations greater than ten times the universal
treatment standard. PCBs are not constituent subject to treatment in any given volume of
soil which exhibits the toxicity characteristic solely because of the presence of metals.
(e) Management of treatment residuals. Treatment residuals from treating contaminated
soil identified by paragraph (a) 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.
[63 FR 28751, May 26, 1998, as amended at 64 FR 25417, May 11, 1999; 64 FR 56472,
Oct. 20, 1999; 65 FR 81381, Dec. 26, 2000; 71 FR 40279, July 14, 2006]
Subpart E—Prohibitions on Storage
§ 268.50 Prohibitions on storage of restricted wastes.
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(a) Except as provided in this section, the storage of hazardous wastes restricted from
land disposal under subpart C of this part of RCRA section 3004 is prohibited, unless the
following conditions are met:
(1) A generator stores such wastes in tanks, containers, or containment buildings on-site
solely for the purpose of the accumulation of such quantities of hazardous waste as
necessary to facilitate proper recovery, treatment, or disposal and the generator complies
with the requirements in §262.34 and parts 264 and 265 of this chapter.
(2) An owner/operator of a hazardous waste treatment, storage, or disposal facility stores
such wastes in tanks, containers, or containment buildings solely for the purpose of the
accumulation of such quantities of hazardous waste as necessary 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 that
facility. Regardless of whether the tank itself is marked, an owner/operator must comply
with the operating record requirements specified in §264.73 or §265.73.
(3) A transporter stores manifested shipments of such wastes at a transfer facility for 10
days or less.
(b) An owner/operator of a treatment, storage or disposal facility may store such wastes
for up to one year unless the Agency can demonstrate that such storage was not solely for
the purpose of accumulation of such quantities of hazardous waste as are necessary to
facilitate proper recovery, treatment, or disposal.
(c) An owner/operator of a treatment, storage or disposal facility may store such wastes
beyond one year; however, the owner/operator bears the burden of proving that such
storage was solely for the purpose of accumulation of such quantities of hazardous waste
as are necessary to facilitate proper recovery, treatment, or disposal.
(d) If a generator's waste is exempt from a prohibition on the type of land disposal
utilized for the waste (for example, because of an approved case-by-case extension under
§268.5, an approved §268.6 petition, or a national capacity variance under subpart C), the
prohibition in paragraph (a) of this section does not apply during the period of such
exemption.
(e) The prohibition in paragraph (a) of this section does not apply to hazardous wastes
that meet the treatment standards specified under §§268.41, 268.42, and 268.43 or the
treatment standards specified under the variance in §268.44, or, where treatment
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standards have not been specified, is in compliance with the applicable prohibitions
specified in §268.32 or RCRA section 3004.
(f) Liquid hazardous wastes containing polychlorinated biphenyls (PCBs) at
concentrations greater than or equal to 50 ppm must be stored at a facility that meets the
requirements of 40 CFR 76L65(b) and must be removed from storage and treated or
disposed as required by this part within one year of the date when such wastes are first
placed into storage. The provisions of paragraph (c) of this section do not apply to such
PCB wastes prohibited under §268.32 of this part.
(g) The prohibition and requirements in this section do not apply to hazardous
remediation wastes stored in a staging pile approved pursuant to §264.554 of this chapter.
[51 FR 40642, Nov. 7, 1986; 52 FR 21017, June 4, 1987, as amended at 52 FR 25791,
July 8, 1987; 54 FR 36972, Sept. 6, 1989; 57 FR 37281, Aug. 18, 1992; 63 FR 65940,
Nov. 30, 1998; 71 FR 40279, July 14, 2006]
Appendixes I-II to Part 268 [Reserved]
Appendix III to Part 268- List of Halogenated Organize Compounds Regulated
under §268.32
Appendix IV to Part 268—Wastes Excluded From Lab Packs Under the Alternative
Treatment Standards of §268.42(c)
Appendix V to Part 268 [Reserved]
Appendix VI to Part 268—Recommended Technologies To Achieve Deactivation of
Characteristics in Section 268.42
Appendix VIII to Part 268—LDR Effective Dates of Injected Prohibited Hazardous
Wastes
Appendix IX to Part 268—Extraction Procedure (EP) Toxicity Test Method and
Structural Integrity Test (Method 1310B)
Appendix X to Part 268 [Reserved]
Appendix XI to Part 268—Metal Bearing Wastes Prohibited From Dilution in a
Combustion Unit According to 40 CFR 268.3(c)
Related Resources:
• Land Disposal Restrictions: Summary of Requirements
• Land Disposal Restrictions
• Land Disposal Restrictions for F001-F005 Solvent Wastes
• Land Disposal Restriction Requirements For Characteristic Wastes
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Land Disposal Restrictions Notification Requirements for Decharacterized Waste
LDR Notification for Listed and Characteristic Wastes
Questions Regarding the Land Disposal Restrictions (LDR) Notification
Regulations at 40 CFR 268.7
Land Disposal Restrictions Notification Requirements for Contaminated Soil
One-Time Notification Requirement Under §268.7(a)(6)
Land Disposal Restrictions- Land Disposal Definition, Lab Packs, Conditionally
Exempt SQG Waste, Empty Containers
Pre-transport Requirements
Subpart C—Pre-Transport Requirements
§ 262.30: Packaging.
Before transporting hazardous waste or offering hazardous waste for transportation off-
site, a generator must package the waste in accordance with the applicable Department of
Transportation regulations on packaging under 49 CFR parts 173, 178, and 179.
§ 262.31: Labeling.
Before transporting or offering hazardous waste for transportation off- site, a generator
must label each package in accordance with the applicable Department of Transportation
regulations on hazardous materials under 49 CFR part 172.
§ 262.32: Marking.
(a) Before transporting or offering hazardous waste for transportation off- site, a
generator must mark each package of hazardous waste in accordance with the applicable
Department of Transportation regulations on hazardous materials under 49 CFR part 172;
(b) Before transporting hazardous waste or offering hazardous waste for transportation
off-site, a generator must mark each container of 119 gallons or less used in such
transportation with the following words and information in accordance with the
requirements of 49 CFR 172.304:
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 . Generator's EPA Identification
Number 11111. Manifest Tracking Number .
§ 262.33: Placarding.
Before transporting hazardous waste or offering hazardous waste for transportation off-
site, a generator must placard or offer the initial transporter the appropriate placards
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according to Department of Transportation regulations for hazardous materials under 49
CFR part 172. subpart F.
Related Resources:
• Hazardous Waste Transport Between Contiguous Properties
• Manifest Exemption for Shipments Between Sites on Certain Contiguous
Properties
• Labeling of Steel Drums Need Not Include Previous Contents
• Hazardous Waste Container Labeling Requirements
Manifest
Subpart B—The Manifest
§ 262.20: General requirements.
(a)(l) A generator who transports, or offers for transport a hazardous waste for off site
treatment, storage, or disposal, or a treatment, storage, and disposal facility who offers for
transport a rejected hazardous waste load, must prepare a Manifest (OMB Control
number 2050-0039) on EPA Form 8700-22, and, if necessary, EPA Form 8700-22A,
according to the instructions included in the appendix to this part.
(2) The revised manifest form and procedures in 40 CFR 260.10. 261.7. 262.20. 262.21.
262.27. 262.32. 262.34. 262.54. 262.60. and the appendix to part 262. shall not apply
until September 5, 2006. The manifest form and procedures in 40 CFR 260.10, 261.7,
262.20. 262.21. 262.32. 262.34. 262.54. 262.60. and the Appendix to part 262. contained
in the 40 CFR, parts 260 to 265, edition revised as of July 1, 2004, shall be applicable
until September 5, 2006.
(b) A generator must designate on the manifest one facility which is permitted to handle
the waste described on the manifest.
(c) A generator may also designate on the manifest one alternate facility which is
permitted to handle his waste in the event an emergency prevents delivery of the waste to
the primary designated facility.
(d) If the transporter is unable to deliver the hazardous waste to the designated facility or
the alternate facility, the generator must either designate another facility or instruct the
transporter to return the waste.
(e) The requirements of this subpart do not apply to hazardous waste produced by
generators of greater than 100 kg but less than 1000 kg in a calendar month where:
(1) The waste is reclaimed under a contractual agreement pursuant to which:
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(i) The type of waste and frequency of shipments are specified in the agreement;
(ii) The vehicle used to transport the waste to the recycling facility and to deliver
regenerated material back to the generator is owned and operated by the reclaimer of the
waste; and
(2) The generator maintains a copy of the reclamation agreement in his files for a period
of at least three years after termination or expiration of the agreement.
(f) The requirements of this subpart and §262.32(b) do not apply to the transport of
hazardous wastes on a public or private right-of-way within or along the border of
contiguous property under the control of the same person, even if such contiguous
property is divided by a public or private right-of-way. Notwithstanding 40 CFR
263.10(a), the generator or transporter must comply with the requirements for
transporters set forth in 40 CFR 263.30 and 263.31 in the event of a discharge of
hazardous waste on a public or private right-of-way.
* Note to Reader: The regulations found at 262.21 relate to generators, and other entities not even in the
business of hazardous waste management, who intend to actually print the new manifest form. Generators
who do not actually print the manifest form should obtain this form from an approved source registered
with EPA. Please visit http://www.epa.gov/epawaste/hazard/transportation/manifest/registrv/index.htm
and mouse-click on the link titled "Approved Registered Printers."
§ 262.21: Manifest tracking numbers, manifest printing, and obtaining manifests.
(a)(l) A registrant may not print, or have printed, the manifest for use or distribution
unless it has received approval from the EPA Director of the Office of Solid Waste to do
so under paragraphs (c) and (e) of this section.
(2) The approved registrant is responsible for ensuring that the organizations identified in
its application are in compliance with the procedures of its approved application and the
requirements of this section. The registrant is responsible for assigning manifest tracking
numbers to its manifests.
(b) A registrant must submit an initial application to the EPA Director of the Office of
Solid Waste that contains the following information:
(1) Name and mailing address of registrant;
(2) Name, telephone number and email address of contact person;
(3) Brief description of registrant's government or business activity;
(4) EPA identification number of the registrant, if applicable;
(5) Description of the scope of the operations that the registrant plans to undertake in
printing, distributing, and using its manifests, including:
(i) A description of the printing operation. The description should include an explanation
of whether the registrant intends to print its manifests in-house {i.e.., using its own
printing establishments) or through a separate (i.e., unaffiliated) printing company. If the
registrant intends to use a separate printing company to print the manifest on its behalf,
the application must identify this printing company and discuss how the registrant will
oversee the company. If this includes the use of intermediaries (e.g.., prime and
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subcontractor relationships), the role of each must be discussed. The application must
provide the name and mailing address of each company. It also must provide the name
and telephone number of the contact person at each company.
(ii) A description of how the registrant will ensure that its organization and unaffiliated
companies, if any, comply with the requirements of this section. The application must
discuss how the registrant will ensure that a unique manifest tracking number will be pre-
printed on each manifest. The application must describe the internal control procedures to
be followed by the registrant and unaffiliated companies to ensure that numbers are
tightly controlled and remain unique. In particular, the application must describe how the
registrant will assign manifest tracking numbers to its manifests. If computer systems or
other infrastructure will be used to maintain, track, or assign numbers, these should be
indicated. The application must also indicate how the printer will pre-print a unique
number on each form (e.g., crash or press numbering). The application also must explain
the other quality procedures to be followed by each establishment and printing company
to ensure that all required print specifications are consistently achieved and that printing
violations are identified and corrected at the earliest practicable time.
(iii) An indication of whether the registrant intends to use the manifests for its own
business operations or to distribute the manifests to a separate company or to the general
public (e.g.., for purchase).
(6) A brief description of the qualifications of the company that will print the manifest.
The registrant may use readily available information to do so (e.g.., corporate brochures,
product samples, customer references, documentation of ISO certification), so long as
such information pertains to the establishments or company being proposed to print the
manifest.
(7) Proposed unique three-letter manifest tracking number suffix. If the registrant is
approved to print the manifest, the registrant must use this suffix to pre-print a unique
manifest tracking number on each manifest.
(8) A signed certification by a duly authorized employee of the registrant that the
organizations and companies in its application will comply with the procedures of its
approved application and the requirements of this Section and that it will notify the EPA
Director of the Office of Solid Waste of any duplicated manifest tracking numbers on
manifests that have been used or distributed to other parties as soon as this becomes
known.
(c) EPA will review the application submitted under paragraph (b) of this section and
either approve it or request additional information or modification before approving it.
(d)(l) Upon EPA approval of the application under paragraph (c) of this section, EPA
will provide the registrant an electronic file of the manifest, continuation sheet, and
manifest instructions and ask the registrant to submit three fully assembled manifests and
continuation sheet samples, except as noted in paragraph (d)(3) of this section. The
registrant's samples must meet all of the specifications in paragraph (f) of this section and
be printed by the company that will print the manifest as identified in the application
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approved under paragraph (c) of this section.
(2) The registrant must submit a description of the manifest samples as follows:
(i) Paper type (i.e., manufacturer and grade of the manifest paper);
(ii) Paper weight of each copy;
(iii) Ink color of the manifest's instructions. If screening of the ink was used, the
registrant must indicate the extent of the screening; and
(iv) Method of binding the copies.
(3) The registrant need not submit samples of the continuation sheet if it will print its
continuation sheet using the same paper type, paper weight of each copy, ink color of the
instructions, and binding method as its manifest form samples.
(e) EPA will evaluate the forms and either approve the registrant to print them as
proposed or request additional information or modification to them before approval. EPA
will notify the registrant of its decision by mail. The registrant cannot use or distribute its
forms until EPA approves them. An approved registrant must print the manifest and
continuation sheet according to its application approved under paragraph (c) of this
section and the manifest specifications in paragraph (f) of this section. It also must print
the forms according to the paper type, paper weight, ink color of the manifest instructions
and binding method of its approved forms.
(f) Paper manifests and continuation sheets must be printed according to the following
specifications:
(1) The manifest and continuation sheet must be printed with the exact format and
appearance as EPA Forms 8700-22 and 8700-22A, respectively. However, information
required to complete the manifest may be pre-printed on the manifest form.
(2) A unique manifest tracking number assigned in accordance with a numbering system
approved by EPA must be pre-printed in Item 4 of the manifest. The tracking number
must consist of a unique three-letter suffix following nine digits.
(3) The manifest and continuation sheet must be printed on 8 /^ x 11-inch white paper,
excluding common stubs (e.g., top- or side-bound stubs). The paper must be durable
enough to withstand normal use.
(4) The manifest and continuation sheet must be printed in black ink that can be legibly
photocopied, scanned, and faxed, except that the marginal words indicating copy
distribution must be in red ink.
(5) The manifest and continuation sheet must be printed as six-copy forms. Copy-to-
copy registration must be exact within 1.32nd of an inch. Handwritten and typed
impressions on the form must be legible on all six copies. Copies must be bound together
by one or more common stubs that reasonably ensure that they will not become detached
inadvertently during normal use.
(6) Each copy of the manifest and continuation sheet must indicate how the copy must be
distributed, as follows:
(i) Page 1 (top copy): "Designated facility to destination State (if required)".
(ii) Page 2: "Designated facility to generator State (if required)".
(iii) Page 3: "Designated facility to generator".
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(iv) Page 4: "Designated facility's copy".
(v) Page 5: "Transporter's copy".
(vi) Page 6 (bottom copy): "Generator's initial copy".
(7) The instructions in the appendix to 40 CFR part 262 must appear legibly on the back
of the copies of the manifest and continuation sheet as provided in this paragraph (f). The
instructions must not be visible through the front of the copies when photocopied or
faxed.
(i) Manifest Form 8700-22.
(A) The "Instructions for Generators" on Copy 6;
(B) The "Instructions for International Shipment Block" and "Instructions for
Transporters" on Copy 5; and (C) The "Instructions for Treatment, Storage, and
Disposal Facilities" on Copy 4.
(ii) Manifest Form 8700-22A.
(A) The "Instructions for Generators" on Copy 6;
(B) The "Instructions for Transporters" on Copy 5; and
(C) The "Instructions for Treatment, Storage, and Disposal Facilities" on Copy 4.
(g)(l) A generator may use manifests printed by any source so long as the source of the
printed form has received approval from EPA to print the manifest under paragraphs (c)
and (e) of this section. A registered source may be a:
(i) State agency;
(ii) Commercial printer;
(iii) Hazardous waste generator, transporter or TSDF; or
(iv) Hazardous waste broker or other preparer who prepares or arranges shipments of
hazardous waste for transportation.
(2) A generator must determine whether the generator state or the consignment state for a
shipment regulates any additional wastes (beyond those regulated Federally) as hazardous
wastes under these states' authorized programs. Generators also must determine whether
the consignment state or generator state requires the generator to submit any copies of the
manifest to these states. In cases where the generator must supply copies to either the
generator's state or the consignment state, the generator is responsible for supplying
legible photocopies of the manifest to these states.
(h)(l) If an approved registrant would like to update any of the information provided in
its application approved under paragraph (c) of this section (e.g.., to update a company
phone number or name of contact person), the registrant must revise the application and
submit it to the EPA Director of the Office of Solid Waste, along with an indication or
explanation of the update, as soon as practicable after the change occurs. The Agency
either will approve or deny the revision. If the Agency denies the revision, it will explain
the reasons for the denial, and it will contact the registrant and request further
modification before approval.
(2) If the registrant would like a new tracking number suffix, the registrant must submit a
proposed suffix to the EPA Director of the Office of Solid Waste, along with the reason
for requesting it. The Agency will either approve the suffix or deny the suffix and provide
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an explanation why it is not acceptable.
(3) If a registrant would like to change the paper type, paper weight, ink color of the
manifest instructions, or binding method of its manifest or continuation sheet subsequent
to approval under paragraph (e) of this section, then the registrant must submit three
samples of the revised form for EPA review and approval. If the approved registrant
would like to use a new printer, the registrant must submit three manifest samples printed
by the new printer, along with a brief description of the printer's qualifications to print
the manifest. EPA will evaluate the manifests and either approve the registrant to print
the forms as proposed or request additional information or modification to them before
approval. EPA will notify the registrant of its decision by mail. The registrant cannot use
or distribute its revised forms until EPA approves them.
(i) If, subsequent to its approval under paragraph (e) of this section, a registrant typesets
its manifest or continuation sheet instead of using the electronic file of the forms
provided by EPA, it must submit three samples of the manifest or continuation sheet to
the registry for approval. EPA will evaluate the manifests or continuation sheets and
either approve the registrant to print them as proposed or request additional information
or modification to them before approval. EPA will notify the registrant of its decision by
mail. The registrant cannot use or distribute its typeset forms until EPA approves them.
(j) EPA may exempt a registrant from the requirement to submit form samples under
paragraph (d) or (h)(3) of this section if the Agency is persuaded that a separate review of
the registrant's forms would serve little purpose in informing an approval decision (e.g., a
registrant certifies that it will print the manifest using the same paper type, paper weight,
ink color of the instructions and binding method of the form samples approved for some
other registrant). A registrant may request an exemption from EPA by indicating why an
exemption is warranted.
(k) An approved registrant must notify EPA by phone or email as soon as it becomes
aware that it has duplicated tracking numbers on any manifests that have been used or
distributed to other parties.
(1) If, subsequent to approval of a registrant under paragraph (e) of this section, EPA
becomes aware that the approved paper type, paper weight, ink color of the instructions,
or binding method of the registrant's form is unsatisfactory, EPA will contact the
registrant and require modifications to the form.
(m)(l) EPA may suspend and, if necessary, revoke printing privileges if we find that the
registrant: (i) Has used or distributed forms that deviate from its approved form samples
in regard to paper weight, paper type, ink color of the instructions, or binding method; or
(ii) Exhibits a continuing pattern of behavior in using or distributing manifests that
contain duplicate manifest tracking numbers.
(2) EPA will send a warning letter to the registrant that specifies the date by which it
must come into compliance with the requirements. If the registrant does not come in
compliance by the specified date, EPA will send a second letter notifying the registrant
that EPA has suspended or revoked its printing privileges. An approved registrant must
provide information on its printing activities to EPA if requested.
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§ 262.22: Number of copies.
The manifest consists of at least the number of copies which will provide the generator,
each transporter, and the owner or operator of the designated facility with one copy each
for their records and another copy to be returned to the generator.
§ 262.23: Use of the manifest.
(a) The generator must: (1) Sign the manifest certification by hand; and (2) Obtain the
handwritten signature of the initial transporter and date of acceptance on the manifest;
and (3) Retain one copy, in accordance with § 262.40(a).
(b) The generator must give the transporter the remaining copies of the manifest.
(c) For shipments of hazardous waste within the United States solely by water (bulk
shipments only), the generator must send three copies of the manifest dated and signed in
accordance with this section to the owner or operator of the designated facility or the last
water (bulk shipment) transporter to handle the waste in the United States if exported by
water. Copies of the manifest are not required for each transporter.
(d) For rail shipments of hazardous waste within the United States which originate at the
site of generation, the generator must send at least three copies of the manifest dated and
signed in accordance with this section to: (1) The next non-rail transporter, if any; or (2)
The designated facility if transported solely by rail; or (3) The last rail transporter to
handle the waste in the United States if exported by rail.
(e) For shipments of hazardous waste to a designated facility in an authorized State which
has not yet obtained authorization to regulate that particular waste as hazardous, the
generator must assure that the designated facility agrees to sign and return the manifest to
the generator, and that any out-of-state transporter signs and forwards the manifest to the
designated facility.
NOTE: See § 263.20(e) and (f) for special provisions for rail or water (bulk shipment)
transporters. [45 FR 33142, May 19, 1980, as amended at 45 FR 86973, Dec. 31, 1980;
55 FR 2354, Jan. 23, 1990]
§ 262.27: Waste minimization certification.
A generator who initiates a shipment of hazardous waste must certify to one of the
following statements in Item 15 of the uniform hazardous waste manifest: (a) "I am a
large quantity generator. I have a program in place to reduce the volume and toxicity of
waste generated to the degree I have determined to be economically practicable and I
have selected the practicable method of treatment, storage, or disposal currently available
to me which minimizes the present and future threat to human health and the
environment;" or (b) "I am a small quantity generator. I have made a good faith effort to
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minimize my waste generation and select the best waste management method that is
available to me and that I can afford." [70 FR 10817, Mar. 4, 2005] EFFECTIVE DATE
NOTE: At 70 FR 10817, Mar. 4, 2005, subpart B was amended by adding new § 262.27.
effective Sept. 6, 2005.
Related Resources:
• Instructions for Completing the Hazardous Waste Manifest
• Environmental Fact Sheet: Hazardous Waste Manifest System Streamlined
• Instructions for Preparing Application Materials for Submittal to EPA's Manifest
Registry
• Federal Policy on Several Issues Related to the Use of the Hazardous Waste
Manifest by Hazardous Waste Transporters
• Off-Site Shipments of Hazardous Waste to Designated Facilities
• Use of the Hazardous Waste Manifest for Import Shipments of Maquiladora
Hazardous Wastes
• DOT Manifest Requirements
• Uniform Manifest Form, Use of Continuation Sheet
• Manifesting Requirements
• Date of Shipment Determines Time Period for Exemption Reporting
• The Hazardous Waste Manifest System
Appendix to Part 262—Uniform Hazardous Waste Manifest and Instructions
U.S. EPA Form 8700-22
Read all instructions before completing this form.
1. This form has been designed for use on a 12-pitch (elite) typewriter which is also
compatible with standard computer printers; a firm point pen may also be used—press
down hard.
2. Federal regulations require generators and transporters of hazardous waste and owners
or operators of hazardous waste treatment, storage, and disposal facilities to complete this
form (FORM 8700-22) and, if necessary, the continuation sheet (FORM 8700-22A) for
both inter- and intrastate transportation of hazardous waste.
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Manifest 8700-22
The following statement must be included with each Uniform Hazardous Waste Manifest,
either on the form, in the instructions to the form, or accompanying the form:
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Public reporting burden for this collection of information is estimated to average: 30
minutes for generators, 10 minutes for transporters, and 25 minutes for owners or
operators of treatment, storage, and disposal facilities. This includes time for reviewing
instructions, gathering data, completing, reviewing and transmitting the form. Any
correspondence regarding the PRA burden statement for the manifest must be sent to the
Director of the Collection Strategies Division in EPA's Office of Information Collection
at the following address: U.S. Environmental Protection Agency (2822T), 1200
Pennsylvania Ave., NW., Washington, DC 20460. Do not send the completed form to
this address.
I. Instructions for Generators
Manifest 8700-22
The following statement must be included with each Uniform Hazardous Waste Manifest,
either on the form, in the instructions to the form, or accompanying the form:
Public reporting burden for this collection of information is estimated to average: 30
minutes for generators, 10 minutes for transporters, and 25 minutes for owners or
operators of treatment, storage, and disposal facilities. This includes time for reviewing
instructions, gathering data, completing, reviewing and transmitting the form. Send
comments regarding the burden estimate, including suggestions for reducing this burden,
to: Chief, Information Policy Branch (2136), U.S. Environmental Protection Agency,
Ariel Rios Building; 1200 Pennsylvania Ave., NW., Washington, DC 20460; and to the
Office of Information and Regulatory Affairs, Office of Management and Budget,
Washington, DC 20503.
I. Instructions for Generators
Item 1. Generator's U.S. EPA Identification Number
Enter the generator's U.S. EPA twelve digit identification number, or the State generator
identification number if the generator site does not have an EPA identification number.
Item 2. Page 1 of
Enter the total number of pages used to complete this Manifest (i.e. , the first page (EPA
Form 8700-22) plus the number of Continuation Sheets (EPA Form 8700-22A), if any).
Item 3. Emergency Response Phone Number
Enter a phone number for which emergency response information can be obtained in the
event of an incident during transportation. The emergency response phone number must:
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1. Be the number of the generator or the number of an agency or organization who is
capable of and accepts responsibility for providing detailed information about the
shipment;
2. Reach a phone that is monitored 24 hours a day at all times the waste is in
transportation (including transportation related storage); and
3. Reach someone who is either knowledgeable of the hazardous waste being shipped and
has comprehensive emergency response and spill cleanup/incident mitigation information
for the material being shipped or has immediate access to a person who has that
knowledge and information about the shipment.
Note: Emergency Response phone number information should only be entered in Item 3
when there is one phone number that applies to all the waste materials described in Item
9b. If a situation ( e.g. , consolidated shipments) arises where more than one Emergency
Response phone number applies to the various wastes listed on the manifest, the phone
numbers associated with each specific material should be entered after its description in
Item 9b.
Item 4. Manifest Tracking Number
This unique tracking number must be pre-printed on the manifest by the forms printer.
Item 5. Generator's Mailing Address, Phone Number and Site Address
Enter the name of the generator, the mailing address to which the completed manifest
signed by the designated facility should be mailed, and the generator's telephone number.
Note, the telephone number (including area code) should be the normal business number
for the generator, or the number where the generator or his authorized agent may be
reached to provide instructions in the event the designated and/or alternate (if any)
facility rejects some or all of the shipment. Also enter the physical site address from
which the shipment originates only if this address is different than the mailing address.
Item 6. Transporter 1 Company Name, and U.S. EPA ID Number
Enter the company name and U.S. EPA ID number of the first transporter who will
transport the waste. Vehicle or driver information may not be entered here.
Item 7. Transporter 2 Company Name and U.S. EPA ID Number
If applicable, enter the company name and U.S. EPA ID number of the second transporter
who will transport the waste. Vehicle or driver information may not be entered here.
If more than two transporters are needed, use a Continuation Sheet(s) (EPA Form 8700-
22A).
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Item 8. Designated Facility Name, Site Address, and U.S. EPA ID Number
Enter the company name and site address of the facility designated to receive the waste
listed on this manifest. Also enter the facility's phone number and the U.S. EPA twelve
digit identification number of the facility.
Item 9. U.S. DOT Description (Including Proper Shipping Name, Hazard Class or
Division, Identification Number, and Packing Group)
Item 9a. If the wastes identified in Item 9b consist of both hazardous and nonhazardous
materials, then identify the hazardous materials by entering an "X" in this Item next to
the corresponding hazardous material identified in Item 9b.
If applicable, enter the name of the person accepting the waste on behalf of the second
transporter. That person must acknowledge acceptance of the waste described on the
manifest by signing and entering the date of receipt.
Item 9b. Enter the U.S. DOT Proper Shipping Name, Hazard Class or Division,
Identification Number (UN/NA) and Packing Group for each waste as identified in 49
CFR 172. Include technical name(s) and reportable quantity references, if applicable.
Note: If additional space is needed for waste descriptions, enter these additional
descriptions in Item 27 on the Continuation Sheet (EPA Form 8700-22A). Also, if more
than one Emergency Response phone number applies to the various wastes described in
either Item 9b or Item 27, enter applicable Emergency Response phone numbers
immediately following the shipping descriptions for those Items.
Item 10. Containers (Number and Type)
Enter the number of containers for each waste and the appropriate abbreviation from
Table I (below) for the type of container.
Table I—Types of Containers
BA
CF
CM
CW
CY
DF
DM
DT
= Burlap, cloth, paper, or plastic bags.
= Fiber or plastic boxes, cartons, cases.
= Metal boxes, cartons, cases (including
= Wooden boxes, cartons, cases.
= Cylinders.
roll-offs).
= Fiberboard or plastic drums, barrels, kegs.
= Metal drums, barrels, kegs.
= Dump truck.
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DW = Wooden drums, barrels, kegs.
HG = Hopper or gondola cars.
TC = Tank cars.
TP = Portable tanks.
TT = Cargo tanks (tank trucks).
Item 11. Total Quantity
Enter, in designated boxes, the total quantity of waste. Round partial units to the nearest
whole unit, and do not enter decimals or fractions. To the extent practical, report
quantities using appropriate units of measure that will allow you to report quantities with
precision. Waste quantities entered should be based on actual measurements or
reasonably accurate estimates of actual quantities shipped. Container capacities are not
acceptable as estimates.
Item 12. Units of Measure (Weight/Volume)
Enter, in designated boxes, the appropriate abbreviation from Table II (below) for the
unit of measure.
Table II—Units of Measure
G = Gallons (liquids only).
K = Kilograms.
L = Liters (liquids only).
M = Metric Tons (1000 kilograms).
N = Cubic Meters.
P = Pounds.
T = Tons (2000 pounds).
Y = Cubic Yards.
Note:Tons, Metric Tons, Cubic Meters, and Cubic Yards should only be reported in
connection with very large bulk shipments, such as rail cars, tank trucks, or barges.
Item 13. Waste Codes
Enter up to six federal and state waste codes to describe each waste stream identified in
Item 9b. State waste codes that are not redundant with federal codes must be entered
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here, in addition to the federal waste codes which are most representative of the
properties of the waste.
Item 14. Special Handling Instructions and Additional Information.
1. Generators may enter any special handling or shipment-specific information necessary
for the proper management or tracking of the materials under the generator's or other
handler's business processes, such as waste profile numbers, container codes, bar codes,
or response guide numbers. Generators also may use this space to enter additional
descriptive information about their shipped materials, such as chemical names,
constituent percentages, physical state, or specific gravity of wastes identified with
volume units in Item 12.
2. This space may be used to record limited types of federally required information for
which there is no specific space provided on the manifest, including any alternate facility
designations; the manifest tracking number of the original manifest for rejected wastes
and residues that are re-shipped under a second manifest; and the specification of PCB
waste descriptions and PCB out-of-service dates required under 40 CFR 761.207.
Generators, however, cannot be required to enter information in this space to meet state
regulatory requirements.
Item 15. Generator's/Offerer's Certifications
1. The generator must read, sign, and date the waste minimization certification statement.
In signing the waste minimization certification statement, those generators who have not
been exempted by statute or regulation from the duty to make a waste minimization
certification under section 3002(b) of RCRA are also certifying that they have complied
with the waste minimization requirements. The Generator's Certification also contains the
required attestation that the shipment has been properly prepared and is in proper
condition for transportation (the shipper's certification). The content of the shipper's
certification statement is as follows: "I hereby declare that the contents of this
consignment are fully and accurately described above by the proper shipping name, and
are classified, packaged, marked, and labeled/placarded, and are in all respects in proper
condition for transport by highway according to applicable international and national
governmental regulations. If export shipment and I am the Primary Exporter, I certify that
the contents of this consignment conform to the terms of the attached EPA
Acknowledgment of Consent." When a party other than the generator prepares the
shipment for transportation, this party may also sign the shipper's certification statement
as the offerer of the shipment.
2. Generator or Offerer personnel may preprint the words, "On behalf of' in the signature
block or may hand write this statement in the signature block prior to signing the
generator/offerer certification, to indicate that the individual signs as the employee or
agent of the named principal.
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Note: All of the above information except the handwritten signature required in Item 15
may be pre-printed.
II. Instructions for International Shipment Block
Item 16. International Shipments
For export shipments, the primary exporter must check the export box, and enter the point
of exit (city and state) from the United States. For import shipments, the importer must
check the import box and enter the point of entry (city and state) into the United States.
For exports, the transporter must sign and date the manifest to indicate the day the
shipment left the United States. Transporters of hazardous waste shipments must deliver
a copy of the manifest to the U.S. Customs when exporting the waste across U.S. borders.
III. Instructions for Transporters
Item 17. Transporters' Acknowledgments of Receipt
Enter the name of the person accepting the waste on behalf of the first transporter. That
person must acknowledge acceptance of the waste described on the manifest by signing
and entering the date of receipt. Only one signature per transportation company is
required. Signatures are not required to track the movement of wastes in and out of
transfer facilities, unless there is a change of custody between transporters.
If applicable, enter the name of the person accepting the waste on behalf of the second
transporter. That person must acknowledge acceptance of the waste described on the
manifest by signing and entering the date of receipt.
Note: Transporters carrying imports, who are acting as importers, may have
responsibilities to enter information in the International Shipments Block. Transporters
carrying exports may also have responsibilities to enter information in the International
Shipments Block. See above instructions for Item 16.
IV. Instructions for Owners and Operators of Treatment, Storage, and Disposal Facilities
Item 18. Discrepancy
Item 18a. Discrepancy Indication Space
1. The authorized representative of the designated (or alternate) facility's owner or
operator must note in this space any discrepancies between the waste described on the
Manifest and the waste actually received at the facility. Manifest discrepancies are:
significant differences (as defined by §§264/72(b) and 265.72(bV) between the quantity or
type of hazardous waste designated on the manifest or shipping paper, and the quantity
and type of hazardous waste a facility actually receives, rejected wastes, which may be a
full or partial shipment of hazardous waste that the TSDF cannot accept, or container
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residues, which are residues that exceed the quantity limits for "empty" containers set
forth in 40 CFR 261.7(b).
2. For rejected loads and residues (40 CFR 264.72 (d), (e), and (f), or 40 CFR 265.72 (d),
(e), or (f)), check the appropriate box if the shipment is a rejected load (i.e. , rejected by
the designated and/or alternate facility and is sent to an alternate facility or returned to the
generator) or a regulated residue that cannot be removed from a container. Enter the
reason for the rejection or the inability to remove the residue and a description of the
waste. Also, reference the manifest tracking number for any additional manifests being
used to track the rejected waste or residue shipment on the original manifest. Indicate the
original manifest tracking number in Item 14, the Special Handling Block and Additional
Information Block of the additional manifests.
3. Owners or operators of facilities located in unauthorized States (i.e. , states in which
the U.S. EPA administers the hazardous waste management program) who cannot resolve
significant differences in quantity or type within 15 days of receiving the waste must
submit to their Regional Administrator a letter with a copy of the Manifest at issue
describing the discrepancy and attempts to reconcile it (40 CFR 264.72 (c) and 265.72
(c)).
4. Owners or operators of facilities located in authorized States (i.e. , those States that
have received authorization from the U.S. EPA to administer the hazardous waste
management program) should contact their State agency for information on where to
report discrepancies involving "significant differences" to state officials.
Item 18b. Alternate Facility (or Generator) for Receipt of Full Load Rejections
Enter the name, address, phone number, and EPA Identification Number of the Alternate
Facility which the rejecting TSDF has designated, after consulting with the generator, to
receive a fully rejected waste shipment. In the event that a fully rejected shipment is
being returned to the generator, the rejecting TSDF may enter the generator's site
information in this space. This field is not to be used to forward partially rejected loads or
residue waste shipments.
Item 18c. Alternate Facility (or Generator) Signature
The authorized representative of the alternate facility (or the generator in the event of a
returned shipment) must sign and date this field of the form to acknowledge receipt of the
fully rejected wastes or residues identified by the initial TSDF.
Item 19. Hazardous Waste Report Management Method Codes
Enter the most appropriate Hazardous Waste Report Management Method code for each
waste listed in Item 9. The Hazardous Waste Report Management Method code is to be
entered by the first treatment, storage, or disposal facility (TSDF) that receives the waste
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and is the code that best describes the way in which the waste is to be managed when
received by the TSDF.
Item 20. Designated Facility Owner or Operator Certification of Receipt (Except As
Noted in Item 18a)
Enter the name of the person receiving the waste on behalf of the owner or operator of
the facility. That person must acknowledge receipt or rejection of the waste described on
the Manifest by signing and entering the date of receipt or rejection where indicated.
Since the Facility Certification acknowledges receipt of the waste except as noted in the
Discrepancy Space in Item 18a, the certification should be signed for both waste receipt
and waste rejection, with the rejection being noted and described in the space provided in
Item 18a. Fully rejected wastes may be forwarded or returned using Item 18b after
consultation with the generator. Enter the name of the person accepting the waste on
behalf of the owner or operator of the alternate facility or the original generator. That
person must acknowledge receipt or rejection of the waste described on the Manifest by
signing and entering the date they received or rejected the waste in Item 18c. Partially
rejected wastes and residues must be re-shipped under a new manifest, to be initiated and
signed by the rejecting TSDF as offerer of the shipment.
Manifest Continuation Sheet
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Instructions—Continuation Sheet, U.S. EPA Form 8700-22A
Read all instructions before completing this form. This form has been designed for use on
a 12-pitch (elite) typewriter; a firm point pen may also be used—press down hard.
This form must be used as a continuation sheet to U.S. EPA Form 8700-22 if:
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• More than two transporters are to be used to transport the waste; or
• More space is required for the U.S. DOT descriptions and related information in Item 9
of U.S. EPA Form 8700-22.
Federal regulations require generators and transporters of hazardous waste and owners or
operators of hazardous waste treatment, storage, or disposal facilities to use the uniform
hazardous waste manifest (EPA Form 8700-22) and, if necessary, this continuation sheet
(EPA Form 8700-22A) for both interstate and intrastate transportation.
Item 21. Generator's ID Number
Enter the generator's U.S. EPA twelve digit identification number or, the State generator
identification number if the generator site does not have an EPA identification number.
Item 22. Page _—
Enter the page number of this Continuation Sheet.
Item 23. Manifest Tracking Number
Enter the Manifest Tracking number from Item 4 of the Manifest form to which this
continuation sheet is attached.
Item 24. Generator's Name—
Enter the generator's name as it appears in Item 5 on the first page of the Manifest.
Item 25. Transporter—Company Name
If additional transporters are used to transport the waste described on this Manifest, enter
the company name of each additional transporter in the order in which they will transport
the waste. Enter after the word "Transporter" the order of the transporter. For example,
Transporter 3 Company Name. Also enter the U.S. EPA twelve digit identification
number of the transporter described in Item 25.
Item 26. Transporter—Company Name
If additional transporters are used to transport the waste described on this Manifest, enter
the company name of each additional transporter in the order in which they will transport
the waste. Enter after the word "Transporter" the order of the transporter. For example,
Transporter 4 Company Name. Each Continuation Sheet can record the names of two
additional transporters. Also enter the U.S. EPA twelve digit identification number of the
transporter named in Item 26.
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Item 27. U.S. D.O.T. Description Including Proper Shipping Name, Hazardous Class,
and ID Number (UN/NA)
For each row enter a sequential number under Item 27b that corresponds to the order of
waste codes from one continuation sheet to the next, to reflect the total number of wastes
being shipped. Refer to instructions for Item 9 of the manifest for the information to be
entered.
Item 28. Containers (No. And Type)
Refer to the instructions for Item 10 of the manifest for information to be entered.
Item 29. Total Quantity
Refer to the instructions for Item 11 of the manifest form.
Item 30. Units of Measure (Weight/Volume)
Refer to the instructions for Item 12 of the manifest form.
Item 31. Waste Codes
Refer to the instructions for Item 13 of the manifest form.
Item 32. Special Handling Instructions and Additional Information
Refer to the instructions for Item 14 of the manifest form.
Transporters
Item 33. Transporter—Acknowledgment of Receipt of Materials
Enter the same number of the Transporter as identified in Item 25. Enter also the name of
the person accepting the waste on behalf of the Transporter (Company Name) identified
in Item 25. That person must acknowledge acceptance of the waste described on the
Manifest by signing and entering the date of receipt.
Item 34. Transporter—Acknowledgment of Receipt of Materials
Enter the same number of the Transporter as identified in Item 26. Enter also the name of
the person accepting the waste on behalf of the Transporter (Company Name) identified
in Item 26. That person must acknowledge acceptance of the waste described on the
Manifest by signing and entering the date of receipt.
Owner and Operators of Treatment, Storage, or Disposal Facilities
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Item 35. Discrepancy Indication Space
Refer to Item 18. This space may be used to more fully describe information on
discrepancies identified in Item 18a of the manifest form.
Item 36. Hazardous Waste Report Management Method Codes
For each field here, enter the sequential number that corresponds to the waste materials
described under Item 27, and enter the appropriate process code that describes how the
materials will be processed when received. If additional continuation sheets are attached,
continue numbering the waste materials and process code fields sequentially, and enter
on each sheet the process codes corresponding to the waste materials identified on that
sheet.
[45 FR 33142, May 19, 1980, as amended at 70 FR 10818, Mar. 4, 2005]
Exports
Subpart E - Exports of Hazardous Waste
Source: 51 FR 28682, Aug. 8, 1986, unless otherwise noted.
§262.50: Applicability.
This subpart establishes requirements applicable to exports of hazardous waste. Except
to the extent Sec. 262.58 provides otherwise, a primary exporter of hazardous waste must
comply with the special requirements of this subpart and a transporter transporting
hazardous waste for export must comply with applicable requirements of part 263.
Section 262.58 sets forth the requirements of international agreements between the
United States and receiving countries which establish different notice, export, and
enforcement procedures for the transportation, treatment, storage and disposal of
hazardous waste for shipments between the United States and those countries.
§262.51: Definitions.
In addition to the definitions set forth at 40 CFR 260.10, the following definitions
apply to this subpart:
Consignee means the ultimate treatment, storage or disposal facility in a receiving
country to which the hazardous waste will be sent.
EPA Acknowledgement of Consent means the cable sent to EPA from the U.S.
Embassy in a receiving country that acknowledges the written consent of the receiving
country to accept the hazardous waste and describes the terms and conditions of the
receiving country's consent to the shipment.
Primary Exporter means any person who is required to originate the manifest for a
shipment of hazardous waste in accordance with 40 CFR part 262, subpart B, or
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equivalent State provision, which specifies a treatment, storage, or disposal facility in a
receiving country as the facility to which the hazardous waste will be sent and any
intermediary arranging for the export.
Receiving country means a foreign country to which a hazardous waste is sent for the
purpose of treatment, storage or disposal (except short-term storage incidental to
transportation).
Transit country means any foreign country, other than a receiving country, through
which a hazardous waste is transported.
[53 FR 27164, July 19, 1988]
§262.52: General requirements.
Exports of hazardous waste are prohibited except in compliance with the applicable
requirements of this subpart and part 263. Exports of hazardous waste are prohibited
unless:
(a) Notification in accordance with Sec. 262.53 has been provided;
(b) The receiving country has consented to accept the hazardous waste;
(c) A copy of the EPA Acknowledgment of Consent to the shipment accompanies the
hazardous waste shipment and, unless exported by rail, is attached to the manifest (or
shipping paper for exports by water (bulk shipment)).
(d) The hazardous waste shipment conforms to the terms of the receiving country's
written consent as reflected in the EPA Acknowledgment of Consent.
§262.53: Notification of intent to export.
(a) A primary exporter of hazardous waste must notify EPA of an intended export
before such waste is scheduled to leave the United States. A complete notification should
be submitted sixty (60) days before the initial shipment is intended to be shipped off site.
This notification may cover export activities extending over a twelve (12) month or lesser
period. The notification must be in writing, signed by the primary exporter, and include
the following information:
(1) Name, mailing address, telephone number and EPA ID number of the primary
exporter;
(2) By consignee, for each hazardous waste type:
(i) A description of the hazardous waste and the EPA hazardous waste number (from
40 CFR part 261, subparts C and D), U.S. DOT proper shipping name, hazard class and
ID number (UN/NA) for each hazardous waste as identified in 49 CFR parts 171 through
177;
(ii) The estimated frequency or rate at which such waste is to be exported and the
period of time over which such waste is to be exported.
(iii) The estimated total quantity of the hazardous waste in units as specified in the
instructions to the Uniform Hazardous Waste Manifest Form (8700-22);
(iv) All points of entry to and departure from each foreign country through which the
hazardous waste will pass;
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(v) A description of the means by which each shipment of the hazardous waste will be
transported (e.g., mode of transportation vehicle (air, highway, rail, water, etc.), type(s)
of container (drums, boxes, tanks, etc.));
(vi) A description of the manner in which the hazardous waste will be treated, stored or
disposed of in the receiving country (e.g., land or ocean incineration, other land disposal,
ocean dumping, recycling);
(vii) The name and site address of the consignee and any alternate consignee; and
(viii) The name of any transit countries through which the hazardous waste will be sent
and a description of the approximate length of time the hazardous waste will remain in
such country and the nature of its handling while there;
(b) Notifications submitted by mail should be sent to the following mailing address:
Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement
Planning, Targeting, and Data Division (2222A), Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460. Hand-delivered notifications
should be sent to: Office of Enforcement and Compliance Assurance, Office of
Compliance, Enforcement Planning, Targeting, and Data Division (2222A),
Environmental Protection Agency, Ariel Rios Bldg., 12th St. and Pennsylvania Ave.,
NW., Washington, DC. In both cases, the following shall be prominently displayed on the
front of the envelope: "Attention: Notification of Intent to Export."
(c) Except for changes to the telephone number in paragraph (a)(l) of this section,
changes to paragraph (a)(2)(v) of this section and decreases in the quantity indicated
pursuant to paragraph (a)(2)(iii) of this section when the conditions specified on the
original notification change (including any exceedance of the estimate of the quantity of
hazardous waste specified in the original notification), the primary exporter must provide
EPA with a written renotification of the change. The shipment cannot take place until
consent of the receiving country to the changes (except for changes to paragraph
(a)(2)(viii) of this section and in the ports of entry to and departure from transit countries
pursuant to paragraph (a)(2)(iv) of this section) has been obtained and the primary
exporter receives an EPA Acknowledgment of Consent reflecting the receiving country's
consent to the changes.
(d) Upon request by EPA, a primary exporter shall furnish to EPA any additional
information which a receiving country requests in order to respond to a notification.
(e) In conjunction with the Department of State, EPA will provide a complete
notification to the receiving country and any transit countries. A notification is complete
when EPA receives a notification which EPA determines satisfies the requirements of
paragraph (a) of this section. Where a claim of confidentiality is asserted with respect to
any notification information required by paragraph (a) of this section, EPA may find the
notification not complete until any such claim is resolved in accordance with 40 CFR
260.2.
(f) Where the receiving country consents to the receipt of the hazardous waste, EPA
will forward an EPA Acknowledgment of Consent to the primary exporter for purposes
of Sec. 262.54(h). Where the receiving country objects to receipt of the hazardous waste
or withdraws a prior consent, EPA will notify the primary exporter in writing. EPA will
also notify the primary exporter of any responses from transit countries.
256
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[51 FR 28682, Aug. 8, 1986, as amended at 56 FR 43705, Sept. 4, 1991; 61
FR 16309, Apr. 12, 1996]
§262.54: Special manifest requirements.
A primary exporter must comply with the manifest requirements of 40 CFR 262.20
through 262.23 except that:
(a) In lieu of the name, site address and EPA ID number of the designated permitted
facility, the primary exporter must enter the name and site address of the consignee;
(b) In lieu of the name, site address and EPA ID number of a permitted alternate
facility, the primary exporter may enter the name and site address of any alternate
consignee.
(c) In the International Shipments block, the primary exporter must check the export
box and enter the point of exit (city and State) from the United States.
(d) The following statement must be added to the end of the first sentence of the
certification set forth in Item 16 of the Uniform Hazardous Waste Manifest Form: "and
conforms to the terms of the attached EPA Acknowledgment of Consent";
(e) The primary exporter may obtain the manifest from any source that is registered
with the U.S. EPA as a supplier of manifests (e.g., states, waste handlers, and/or
commercial forms printers).
(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 (as
defined in 40 CFR 264.72(aT) between the manifest and the shipment. A copy of the
manifest signed by such facility may be used to confirm delivery of the hazardous waste.
(g) In lieu of the requirements of Sec. 262.20(d), where a shipment cannot be delivered
for any reason to the designated or alternate consignee, the primary exporter must:
(1) Renotify EPA of a change in the conditions of the original notification to allow
shipment to a new consignee in accordance with Sec. 262.53(c) and obtain an EPA
Acknowledgment of Consent prior to delivery; or
(2) Instruct the transporter to return the waste to the primary exporter in the United
States or designate another facility within the United States; and
(3) Instruct the transporter to 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 shipment to the manifest which must accompany the hazardous waste shipment.
For exports by rail or water (bulk shipment), the primary exporter must provide the
transporter with an EPA Acknowledgment of Consent which must accompany the
hazardous waste but which need not be attached to the manifest except that for exports by
water (bulk shipment) the primary exporter must attach the copy of the EPA
Acknowledgment of Consent to the shipping paper.
(i) The primary exporter shall 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 in accordance with Sec. 263.20(g)(4).
§262.55: Exception reports.
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In lieu of the requirements of Sec. 262.42, 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 United States within forty-five (45) days from the date it
was accepted by the initial transporter;
(b) Within ninety (90) days from the date the waste was accepted by the initial
transporter, the primary exporter has not received written confirmation from the
consignee that the hazardous waste was received;
(c) The waste is returned to the United States.
§262.56: Annual reports.
(a) Primary exporters of hazardous waste shall file with the Administrator no later than
March 1 of each year, a report summarizing the types, quantities, frequency, and ultimate
destination of all hazardous waste exported during the previous calendar year. Such
reports shall include the following:
(1) The EPA identification number, name, and mailing 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 (from 40 CFR part 261, subpart C or D), DOT
hazard class, the name and US EPA ID number (where applicable) for each transporter
used, the total amount of waste shipped and number of shipments pursuant to each
notification;
(5) Except for hazardous waste produced by exporters of greater than 100 kg but less
than 1000 kg in a calendar month, unless provided pursuant to Sec. 262.41, in even
numbered years:
(i) A description of the efforts undertaken during the year to reduce the volume and
toxicity of waste generated; and
(ii) A description of the changes in volume and toxicity of waste actually achieved
during the year in comparison to previous years to the extent such information is
available for years prior to 1984.
(6) A certification signed by the primary exporter which states: I certify under
penalty of law that I have personally examined and am familiar with the information
submitted in this and all attached documents, and that based on my inquiry of those
individuals immediately responsible for obtaining the information, I believe that the
submitted information is true, accurate, and complete. I am aware that there are
significant penalties for submitting false information including the possibility of fine and
imprisonment.
(b) Annual reports submitted by mail should be sent to the following mailing address:
Office of Enforcement and Compliance Assurance, Office of Compliance, Enforcement
Planning, Targeting, and Data Division (2222A), Environmental Protection Agency,
1200 Pennsylvania Ave., NW., Washington, DC 20460. Hand-delivered reports should be
sent to: Office of Enforcement and Compliance Assurance, Office of Compliance,
Enforcement Planning, Targeting, and Data Division (2222A), Environmental Protection
Agency, Ariel Rios Bldg., 12th St. and Pennsylvania Ave., NW., Washington, DC.
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[51 FR 28682, Aug. 8, 1986, as amended at 56 FR 43705, Sept. 4, 1991; 61
FR 16309, Apr. 12, 1996]
§262.57: Recordkeeping.
(a) For all exports a primary exporter must:
(1) Keep a copy of each notification of intent to export for a period of at least three
years from the date the hazardous waste was accepted by the initial transporter;
(2) Keep a copy of each EPA Acknowledgment of Consent for a period of at least three
years from the date the hazardous waste was accepted by the initial transporter;
(3) Keep a copy of each confirmation of delivery of the hazardous waste from the
consignee for at least three years from the date the hazardous waste was accepted by the
initial transporter; and
(4) Keep a copy of each annual report for a period of at least three years from the due
date of the report.
(b) The periods of retention referred to in this section are extended automatically
during the course of any unresolved enforcement action regarding the regulated activity
or as requested by the Administrator.
§262.58: International agreements.
(a) Any person who exports or imports hazardous waste subject to Federal manifest
requirements of Part 262, or subject to the universal waste management standards of 40
CFR Part 273, or subject to State requirements analogous to 40 CFR Part 273, to or from
designated member countries of the Organization for Economic Cooperation and
Development (OECD) as defined in paragraph (a)(l) of this section for purposes of
recovery is subject to Subpart H of this part. The requirements of Subparts E and F do not
apply.
(1) For the purposes of this Subpart, the designated OECD countries consist of
Australia, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Iceland,
Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Portugal, Spain,
Sweden, Switzerland, Turkey, United Kingdom, and the United States.
(2) For the purposes of this Subpart, Canada and Mexico are considered OECD
member countries only for the purpose of transit.
(b) Any person who exports hazardous waste to or imports hazardous waste from: a
designated OECD member country for purposes other than recovery (e.g., incineration,
disposal), Mexico (for any purpose), or Canada (for any purpose) remains subject to the
requirements of subparts E and F of this part.
[61FR 16310, Apr. 12, 1996]
Related Resources:
• Applicability of Transporter Requirements to Hazardous Waste Imports and Exports
• Generator as Primary Exporter
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Facts on Hazardous Waste Exports
Broker as Intermediary Arranging for Export
Tolling Agreements and Exports
Export Requirements for Transportation Through Transit Countries
Notification Requirements for Exported Wastes
Exportation of Hazardous Waste
Land Disposal Restrictions Applied to Exported Wastes
Exporters of Hazardous Waste to Mexico, Responsibilities of
Hazardous and Municipal Waste Imports and Exports Between the U.S. and Canada
Imports
Subpart F - Imports of Hazardous Waste
§262.60: Imports of hazardous waste.
(a) Any person who imports hazardous waste from a foreign country into the United
States must comply with the requirements of this part and the special requirements of this
subpart.
(b) When importing hazardous waste, a person must meet all the requirements of Sec.
262.20(a) for the manifest except that:
(1) In place of the generator's name, address and EPA identification number, the name
and address of the foreign generator and the importer's name, address and EPA
identification number must be used.
(2) In place of the generator's signature on the certification statement, the U.S.
importer or his agent must sign and date the certification and obtain the signature of the
initial transporter.
(c) A person who imports hazardous waste may obtain the manifest form from any
source that is registered with the U.S. EPA as a supplier of manifests (e.g., states, waste
handlers, and/or commercial forms printers).
(d) In the International Shipments block, the importer must check the import box and
enter the point of entry (city and State) into the United States.
(e) The importer must provide the transporter with an additional copy of the manifest
to be submitted by the receiving facility to U.S. EPA in accordance with Sec.
264.71(a)(3) and Sec. 265.71(a)(3) of this chapter.
[51FR 28685, Aug. 8, 1986]
Related Resources:
• Hazardous and Municipal Waste Imports and Exports Between the U.S. and
Canada
• RCRA Hazardous Waste Import Requirements
• Concerns About Importing of Toxic Waste
• Accumulation Time for Hazardous Waste Importers
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Transponder Shipments of Hazardous Waste for Recovery within the OECD
Subpart H -Transfrontier Shipments of Hazardous Waste for Recovery within
the OECD
Source: 61 FR 16310, Apr. 12, 1996, unless otherwise noted.
§262.80: Applicability.
(a) The requirements of this subpart apply to imports and exports of wastes that are
considered hazardous under U.S. national procedures and are destined for recovery
operations in the countries listed in Sec. 262.58(a)(l). A waste is considered hazardous
under U.S. national procedures if it meets the Federal definition of hazardous waste in 40
CFR 261.3 and it is subject to either the Federal manifesting requirements at 40 CFR Part
262, Subpart B, to the universal waste management standards of 40 CFR Part 273, or to
State requirements analogous to 40 CFR Part 273.
(b) Any person (notifier, consignee, or recovery facility operator) who mixes two or
more wastes (including hazardous and non-hazardous wastes) or otherwise subjects two
or more wastes (including hazardous and non-hazardous wastes) to physical or chemical
transformation operations, and thereby creates a new hazardous waste, becomes a
generator and assumes all subsequent generator duties under RCRA and any notifier
duties, if applicable, under this subpart.
§262.81: Definitions.
The following definitions apply to this subpart.
(a) Competent authorities means the regulatory authorities of concerned countries
having jurisdiction over transfrontier movements of wastes destined for recovery
operations.
(b) Concerned countries means the exporting and importing OECD member countries
and any OECD member countries of transit.
(c) Consignee means the person to whom possession or other form of legal control of
the waste is assigned at the time the waste is received in the importing country.
(d) Country of transit means any designated OECD country in Sec. 262.58(a)(l) and
(a)(2) other than the exporting or importing country across which a transfrontier
movement of wastes is planned or takes place.
(e) Exporting country means any designated OECD member country in Sec.
262.58(a)(l) from which a transfrontier movement of wastes is planned or has
commenced.
(f) Importing country means any designated OECD country in Sec. 262.58(a)(l) to
which a transfrontier movement of wastes is planned or takes place for the purpose of
submitting the wastes to recovery operations therein.
(§) Notifier means the person under the jurisdiction of the exporting country who has,
or will have at the time the planned transfrontier movement commences, possession or
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other forms of legal control of the wastes and who proposes their transfrontier movement
for the ultimate purpose of submitting them to recovery operations. When the United
States (U.S.) is the exporting country, notifier is interpreted to mean a person domiciled
in the U.S.
(h) OECD area means all land or marine areas under the national jurisdiction of any
designated OECD member country in Sec. 262.58. When the regulations refer to
shipments to or from an OECD country, this means OECD area.
(i) Recognized trader means a person who, with appropriate authorization of concerned
countries, acts in the role of principal to purchase and subsequently sell wastes; this
person has legal control of such wastes from time of purchase to time of sale; such a
person may act to arrange and facilitate transfrontier movements of wastes destined for
recovery operations.
(j) Recovery facility means an entity which, under applicable domestic law, is
operating or is authorized to operate in the importing country to receive wastes and to
perform recovery operations on them.
(k) Recovery operations means activities leading to resource recovery, recycling,
reclamation, direct re-use or alternative uses as listed in Table 2.B of the Annex of OECD
Council Decision C(88)90(Final) of 27 May 1988, (available from the Environmental
Protection Agency, RCRA Docket, EPA/DC, EPA West, Room B102, 1301 Constitution
Ave., NW., Washington, DC 20460 (Docket # F-94-IEHF-FFFFF) and the Organisation
for Economic Co-operation and Development, Environment Direcorate, 2 rue Andre
Pascal, 75775 Paris Cedex 16, France) which include:
Rl Use as a fuel (other than in direct incineration) or other means to generate energy
R2 Solvent reclamation/regeneration
R3 Recycling/reclamation of organic substances which are not used as solvents
R4 Recycling/reclamation of metals and metal compounds
R5 Recycling/reclamation of other inorganic materials
R6 Regeneration of acids or bases
R7 Recovery of components used for pollution control
R8 Recovery of components from catalysts
R9 Used oil re-refining or other reuses of previously used oil
RIO Land treatment resulting in benefit to agriculture or ecological improvement
Rl 1 Uses of residual materials obtained from any of the operations numbered R1-R10
R12 Exchange of wastes for submission to any of the operations numbered R1-R11
6R13 Accumulation of material intended for any operation in Table 2.B
(1) Transfrontier movement means any shipment of wastes destined for recovery
operations from an area under the national jurisdiction of one OECD member country to
an area under the national jurisdiction of another OECD member country.
[61 FR 16310, Apr. 12, 1996, as amended at 71 FR 40271, July 14, 2006]
§262.82: General conditions.
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(a) Scope. The level of control for exports and imports of waste is indicated by
assignment of the waste to a green, amber, or red list and by U.S. national procedures as
defined in Sec. 262.80(a). The green, amber, and red lists are incorporated by reference in
Sec. 262.89 (e).
(1) Wastes on the green list are subject to existing controls normally applied to
commercial transactions, except as provided below:
(i) Green-list wastes that are considered hazardous under U.S. national procedures are
subject to amber-list controls.
(ii) Green-list wastes that are sufficiently contaminated or mixed with amber-list
wastes, such that the waste or waste mixture is considered hazardous under U.S. national
procedures, are subject to amber-list controls.
(iii) Green-list wastes that are sufficiently contaminated or mixed with other wastes
subject to red-list controls such that the waste or waste mixture is considered hazardous
under U.S. national procedures must be handled in accordance with the red-list controls.
(2) Wastes on the amber list that are considered hazardous under U.S. national
procedures as defined in Sec. 262.80(a) are subject to the amber-list controls of this
Subpart.
(i) If amber-list wastes are sufficiently contaminated or mixed with other wastes
subject to red-list controls such that the waste or waste mixture is considered hazardous
under U.S. national procedures, the wastes must be handled in accordance with the red-
list controls.
(ii) [Reserved]
(3) Wastes on the red list that are considered hazardous under U.S. national procedures
as defined in Sec. 262.80(a) are subject to the red-list controls of this subpart.
Note to paragraph (a)(3): Some wastes on the amber or red lists are not listed or
otherwise identified as hazardous under RCRA (e.g., polychlorinated biphenyls) and
therefore are not subject to the amber- or red-list controls of this subpart. Regardless of
the status of the waste under RCRA, however, other Federal environmental statutes (e.g.,
the Toxic Substances Control Act) may restrict certain waste imports or exports. Such
restrictions continue to apply without regard to this Subpart.
(4) Wastes not yet assigned to a list are eligible for transfrontier movements, as
follows:
(i) If such wastes are considered hazardous under U.S. national procedures as defined
in Sec. 262.80(a), these wastes are subject to the red-list controls; or
(ii) If such wastes are not considered hazardous under U.S. national procedures as
defined in Sec. 262.80(a), such wastes may move as though they appeared on the green
list.
(b) General conditions applicable to transfrontier movements of hazardous waste.
(1) The waste must be destined for recovery operations at a facility that, under
applicable domestic law, is operating or is authorized to operate in the importing country;
(2) The transfrontier movement must be in compliance with applicable international
transport agreements; and
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Note to paragraph (b)(2): These international agreements include, but are not limited
to, the Chicago Convention (1944), ADR (1957), ADNR (1970), MARPOL Convention
(1973/1978), SOLAS Convention (1974), IMDG Code (1985), COTIF (1985), and RID
(1985).
(3) Any transit of waste through a non-OECD member country must be conducted in
compliance with all applicable international and national laws and regulations.
(c) Provisions relating to re-export for recovery to a third country. (1) Re-export of
wastes subject to the amber-list control system from the U.S., as the importing country, to
a third country listed in Sec. 262.58(a)(l) may occur only after a notifier in the U.S.
provides notification to and obtains consent of the competent authorities in the third
country, the original exporting country, and new transit countries. The notification must
comply with the notice and consent procedures in Sec. 262.83 for all concerned countries
and the original exporting country. The competent authorities of the original exporting
country as well as the competent authorities of all other concerned countries have 30 days
to object to the proposed movement.
(i) The 30-day period begins once the competent authorities of both the initial
exporting country and new importing country issue Acknowledgements of Receipt of the
notification.
(ii) The transfrontier movement may commence if no objection has been lodged after
the 30-day period has passed or immediately after written consent is received from all
relevant OECD importing and transit countries.
(2) Re-export of waste subject to the red-list control system from the original
importing country to a third country listed in Sec. 262.58(a)(l) may occur only following
notification of the competent authorities of the third country, the original exporting
country, and new transit countries by a notifier in the original importing country in
accordance with Sec. 262.83. The transfrontier movement may not proceed until receipt
by the original importing country of written consent from the competent authorities of the
third country, the original exporting country, and new transit countries.
(3) In the case of re-export of amber or red-list wastes to a country other than those in
Sec. 262.58(a)OX notification to and consent of the competent authorities of the original
OECD member country of export and any OECD member countries of transit is required
as specified in paragraphs (c)(l) and (c)(2) of this section in addition to compliance with
all international agreements and arrangements to which the first importing OECD
member country is a party and all applicable regulatory requirements for exports from the
first importing country.
§262.83: Notification and consent.
(a) Applicability. Consent must be obtained from the competent authorities of the
relevant OECD importing and transit countries prior to exporting hazardous waste
destined for recovery operations subject to this Subpart. Hazardous wastes subject to
amber-list controls are subject to the requirements of paragraph (b) of this section;
hazardous wastes subject to red-list controls are subject to the requirements of paragraph
(c) of this section; and wastes not identified on any list are subject to the requirements of
paragraph (d) of this section.
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(b) Amber-list wastes. The export from the U.S. of hazardous wastes as described in
Sec. 262.80(a) that appear on the amber list is prohibited unless the notification and
consent requirements of paragraph (b)(l) or paragraph (b)(2) of this section are met.
(1) Transactions requiring specific consent:
(i) Notification. At least 45 days prior to commencement of the transfrontier
movement, the notifier must provide written notification in English of the proposed
transfrontier movement to the Office of Enforcement and Compliance Assurance, Office
of Federal Activities, International Compliance Assurance Division (2254A),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC
20460, with the words "Attention: OECD Export Notification" prominently displayed on
the envelope. This notification must include all of the information identified in paragraph
(e) of this section. In cases where wastes having similar physical and chemical
characteristics, the same United Nations classification, and the same RCRA waste codes
are to be sent periodically to the same recovery facility by the same notifier, the notifier
may submit one notification of intent to export these wastes in multiple shipments during
a period of up to one year.
(ii) Tacit consent. If no objection has been lodged by any concerned country (i.e.,
exporting, importing, or transit countries) to a notification provided pursuant to paragraph
(b)(l)(i) of this section within 30 days after the date of issuance of the Acknowledgment
of Receipt of notification by the competent authority of the importing country, the
transfrontier movement may commence. Tacit consent expires one calendar year after the
close of the 30 day period; renotification and renewal of all consents is required for
exports after that date.
(iii) Written consent. If the competent authorities of all the relevant OECD importing
and transit countries provide written consent in a period less than 30 days, the
transfrontier movement may commence immediately after all necessary consents are
received. Written consent expires for each relevant OECD importing and transit country
one calendar year after the date of that country's consent unless otherwise specified;
renotification and renewal of each expired consent is required for exports after that date.
(2) Shipments to facilities pre-approved by the competent authorities of the importing
countries to accept specific wastes for recovery:
(i) The notifier must provide EPA the information identified in paragraph (e) of this
section in English, at least 10 days in advance of commencing shipment to a pre-
approved facility. The notification should indicate that the recovery facility is pre-
approved, and may apply to a single specific shipment or to multiple shipments as
described in paragraph (b)(l)(i) of this section. This information must be sent to the
Office of Enforcement and Compliance Assurance, Office of Federal Activities,
International Compliance Assurance Division (2254A), Environmental Protection
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460, with the words
"Attention: OECD Export Notification—Pre-approved Facility" prominently displayed
on the envelope.
(ii) Shipments may commence after the notification required in paragraph (b)(l)(i) of
this section has been received by the competent authorities of all concerned countries,
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unless the notifier has received information indicating that the competent authorities of
one or more concerned countries objects to the shipment.
(c) Red-list wastes. The export from the U.S. of hazardous wastes as described in Sec.
262.80(a) that appear on the red list is prohibited unless notice is given pursuant to
paragraph (b)(l)(i) of this section and the notifier receives written consent from the
importing country and any transit countries prior to commencement of the transfrontier
movement.
(d) Unlisted wastes. Wastes not assigned to the green, amber, or red list that are
considered hazardous under U.S. national procedures as defined in Sec. 262.80(a) are
subject to the notification and consent requirements established for red-list wastes in
accordance with paragraph (c) of this section. Unlisted wastes that are not considered
hazardous under U.S. national procedures as defined in Sec. 262.80(a) are not subject to
amber or red controls when exported or imported.
(e) Notification information. Notifications submitted under this section must include:
(1) Serial number or other accepted identifier of the notification form;
(2) Notifier name and EPA identification number (if applicable), address, and
telephone and telefax numbers;
(3) Importing recovery facility name, address, telephone and telefax numbers, and
technologies employed;
(4) Consignee name (if not the owner or operator of the recovery facility) address, and
telephone and telefax numbers; whether the consignee will engage in waste exchange or
storage prior to delivering the waste to the final recovery facility and identification of
recovery operations to be employed at the final recovery facility;
(5) Intended transporters and/or their agents;
(6) Country of export and relevant competent authority, and point of departure;
(7) Countries of transit and relevant competent authorities and points of entry and
departure;
(8) Country of import and relevant competent authority, and point of entry;
(9) Statement of whether the notification is a single notification or a general
notification. If general, include period of validity requested;
(10) Date foreseen for commencement of transfrontier movement;
(11) Designation of waste type(s) from the appropriate list (amber or red and waste list
code), descriptions of each waste type, estimated total quantity of each, RCRA waste
code, and United Nations number for each waste type; and
(12) Certification/Declaration signed by the notifier that states:
I certify that the above information is complete and correct to the best of my
knowledge. I also certify that legally-enforceable written contractual obligations have
been entered into, and that any applicable insurance or other financial guarantees are or
shall be in force covering the transfrontier movement.
Name:
Signature:
Date:
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Note to paragraph (e)(12): The U.S. does not currently require financial assurance;
however, U.S. exporters may be asked by other governments to provide and certify to
such assurance as a condition of obtaining consent to a proposed movement.
[61 FR 16310, Apr. 12, 1996, as amended at 71 FR 40271, July 14, 2006]
§262.84: Tracking document.
(a) All U.S. parties subject to the contract provisions of Sec. 262.85 must ensure that a
tracking document meeting the conditions of Sec. 262.84(b) accompanies each
transfrontier shipment of wastes subject to amber-list or red-list controls from the
initiation of the shipment until it reaches the final recovery facility, including cases in
which the waste is stored and/or exchanged by the consignee prior to shipment to the
final recovery facility, except as provided in Sec. Sec. 262.84(a)(l) and (2).
(1) For shipments of hazardous waste within the U.S. solely by water (bulk shipments
only) the generator must forward the tracking document with the manifest to the last
water (bulk shipment) transporter to handle the waste in the U.S. if exported by water, (in
accordance with the manifest routing procedures at Sec. 262.23(cT).
(2) For rail shipments of hazardous waste within the U.S. which originate at the site of
generation, the generator must forward the tracking document with the manifest (in
accordance with the routing procedures for the manifest in Sec. 262.23(d)) to the next
non-rail transporter, if any, or the last rail transporter to handle the waste in the U.S. if
exported by rail.
(b) The tracking document must include all information required under Sec. 262.83
(for notification), and the following:
(1) Date shipment commenced.
(2) Name (if not notifier), address, and telephone and telefax numbers of primary
exporter.
(3) Company name and EPA ID number of all transporters.
(4) Identification (license, registered name or registration number) of means of
transport, including types of packaging.
(5) Any special precautions to be taken by transporters.
(6) Certification/declaration signed by notifier that no objection to the shipment has
been lodged as follows:
I certify that the above information is complete and correct to the best of my
knowledge. I also certify that legally-enforceable written contractual obligations have
been entered into, that any applicable insurance or other financial guarantees are or shall
be in force covering the transfrontier movement, and that:
1. All necessary consents have been received; OR
2. The shipment is directed at a recovery facility within the OECD area and no
objection has been received from any of the concerned countries within the 30 day tacit
consent period; OR
3. The shipment is directed at a recovery facility pre-authorized for that type of waste
within the OECD area; such an authorization has not been revoked, and no objection has
been received from any of the concerned countries.
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(delete sentences that are not applicable)
Name:
Signature:
Date:
(7) Appropriate signatures for each custody transfer (e.g. transporter, consignee, and
owner or operator of the recovery facility).
(c) Notifiers also must comply with the special manifest requirements of 40 CFR
262.54(a), (b), (c), (e), and (i) and consignees must comply with the import requirements
of 40 CFR part 262. subpart F.
(d) Each U.S. person that has physical custody of the waste from the time the
movement commences until it arrives at the recovery facility must sign the tracking
document (e.g. transporter, consignee, and owner or operator of the recovery facility).
(e) Within three working days of the receipt of imports subject to this Subpart, the owner
or operator of the U.S. recovery facility must send signed copies of the tracking
document to the notifier, to the Office of Enforcement and Compliance Assurance, Office
of Federal Activities, International Compliance Assurance Division (2254A),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC
20460, and to the competent authorities of the exporting and transit countries.
[61 FR 16310, Apr. 12, 1996, as amended at 71 FR 40271, July 14, 2006]
§262.85: Contracts.
(a) Transfrontier movements of hazardous wastes subject to amber or red control
procedures are prohibited unless they occur under the terms of a valid written contract,
chain of contracts, or equivalent arrangements (when the movement occurs between
parties controlled by the same corporate or legal entity). Such contracts or equivalent
arrangements must be executed by the notifier and the owner or operator of the recovery
facility, and must specify responsibilities for each. Contracts or equivalent arrangements
are valid for the purposes of this section only if persons assuming obligations under the
contracts or equivalent arrangements have appropriate legal status to conduct the
operations specified in the contract or equivalent arrangement.
(b) Contracts or equivalent arrangements must specify the name and EPA ID number,
where available, of:
(1) The generator of each type of waste;
(2) Each person who will have physical custody of the wastes;
(3) Each person who will have legal control of the wastes; and
(4) The recovery facility.
(c) Contracts or equivalent arrangements must specify which party to the contract will
assume responsibility for alternate management of the wastes if its disposition cannot be
carried out as described in the notification of intent to export. In such cases, contracts
must specify that:
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(1) The person having actual possession or physical control over the wastes will
immediately inform the notifier and the competent authorities of the exporting and
importing countries and, if the wastes are located in a country of transit, the competent
authorities of that country; and
(2) The person specified in the contract will assume responsibility for the adequate
management of the wastes in compliance with applicable laws and regulations including,
if necessary, arranging their return to the original country of export.
(d) Contracts must specify that the consignee will provide the notification required in
Sec. 262.82(c) prior to re-export of controlled wastes to a third country.
(e) Contracts or equivalent arrangements must include provisions for financial
guarantees, if required by the competent authorities of any concerned country, in
accordance with applicable national or international law requirements.
Note to paragraph (e): Financial guarantees so required are intended to provide for
alternate recycling, disposal or other means of sound management of the wastes in cases
where arrangements for the shipment and the recovery operations cannot be carried out as
foreseen. The U.S. does not require such financial guarantees at this time; however, some
OECD countries do. It is the responsibility of the notifier to ascertain and comply with
such requirements; in some cases, transporters or consignees may refuse to enter into the
necessary contracts absent specific references or certifications to financial guarantees.
(f) Contracts or equivalent arrangements must contain provisions requiring each
contracting party to comply with all applicable requirements of this subpart.
(g) Upon request by EPA, U.S. notifiers, consignees, or recovery facilities must submit
to EPA copies of contracts, chain of contracts, or equivalent arrangements (when the
movement occurs between parties controlled by the same corporate or legal entity).
Information contained in the contracts or equivalent arrangements for which a claim of
confidentiality is asserted accordance with 40 CFR 2.203(b) will be treated as
confidential and will be disclosed by EPA only as provided in 40 CFR 260.2.
Note to paragraph (g): Although the U.S. does not require routine submission of
contracts at this time, OECD Council Decision C(92)39/FINAL allows members to
impose such requirements. When other OECD countries require submission of partial or
complete copies of the contract as a condition to granting consent to proposed
movements, EPA will request the required information; absent submission of such
information, some OECD countries may deny consent for the proposed movement.
§262.86: Provisions relating to recognized traders.
(a) A recognized trader who takes physical custody of a waste and conducts recovery
operations (including storage prior to recovery) is acting as the owner or operator of a
recovery facility and must be so authorized in accordance with all applicable Federal
laws.
(b) A recognized trader acting as a notifier or consignee for transfrontier shipments of
waste must comply with all the requirements of this Subpart associated with being a
notifier or consignee.
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§262.87: Reporting and recordkeeping.
(a) Annual reports. For all waste movements subject to this Subpart, persons (e.g.,
notifiers, recognized traders) who meet the definition of primary exporter in §262.51
shall file an annual report with the Office of Enforcement and Compliance Assurance,
Office of Federal Activities, International Compliance Assurance Division (2254A),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC
20460, no later than March 1 of each year summarizing the types, quantities, frequency,
and ultimate destination of all such hazardous waste exported during the previous
calendar year. (If the primary exporter is required to file an annual report for waste
exports that are not covered under this Subpart, he may include all export information in
one report provided the following information on exports of waste destined for recovery
within the designated OECD member countries is contained in a separate section). Such
reports shall include the following:
(1) The EPA identification number, name, and mailing and site address of the notifier
filing the report;
(2) The calendar year covered by the report;
(3) The name and site address of each final recovery facility;
(4) By final recovery facility, for each hazardous waste exported, a description of the
hazardous waste, the EPA hazardous waste number (from 40 CFR part 261, subpart C or
D), designation of waste type(s) from OECD waste list and applicable waste code from
the OECD lists, DOT hazard class, the name and U.S. EPA identification number (where
applicable) for each transporter used, the total amount of hazardous waste shipped
pursuant to this Subpart, and number of shipments pursuant to each notification;
(5) In even numbered years, for each hazardous waste exported, except for hazardous
waste produced by exporters of greater than 100 kg but less than 1000 kg in a calendar
month, and except for hazardous waste for which information was already provided
pursuant to Sec. 262.41:
(i) A description of the efforts undertaken during the year to reduce the volume and
toxicity of waste generated; and
(ii) A description of the changes in volume and toxicity of the waste actually achieved
during the year in comparison to previous years to the extent such information is
available for years prior to 1984; and
(6) A certification signed by the person acting as primary exporter that states:
I certify under penalty of law that I have personally examined and am familiar with the
information submitted in this and all attached documents, and that based on my inquiry of
those individuals immediately responsible for obtaining the information, I believe that the
submitted information is true, accurate, and complete. I am aware that there are
significant penalties for submitting false information including the possibility of fine and
imprisonment.
(b) Exception reports. Any person who meets the definition of primary exporter in Sec.
262.51 must file an exception report in lieu of the requirements of Sec. 262.42 with the
Administrator if any of the following occurs:
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(1) He has not received a copy of the tracking documentation signed by the transporter
stating point of departure of the waste from the United States, within forty-five (45) days
from the date it was accepted by the initial transporter;
(2) Within ninety (90) days from the date the waste was accepted by the initial
transporter, the notifier has not received written confirmation from the recovery facility
that the hazardous waste was received;
(3) The waste is returned to the United States.
(c) Recordkeeping. (1) Persons who meet the definition of primary exporter in Sec.
262.51 shall keep the following records: Sec. 262.89
(i) A copy of each notification of intent to export and all written consents obtained
from the competent authorities of concerned countries for a period of at least three years
from the date the hazardous waste was accepted by the initial transporter;
(ii) A copy of each annual report for a period of at least three years from the due date
of the report; and
(iii) A copy of any exception reports and a copy of each confirmation of delivery (i.e.,
tracking documentation) sent by the recovery facility to the notifier for at least three years
from the date the hazardous waste was accepted by the initial transporter or received by
the recovery facility, whichever is applicable.
(2) The periods of retention referred to in this section are extended automatically
during the course of any unresolved enforcement action regarding the regulated activity
or as requested by the Administrator.
[61 FR 16310, Apr. 12, 1996, as amended at 71 FR 40272, July 14, 2006]
§262.88: Pre-approval for U.S. Recovery Facilities (Reserved)
§262.89: OECD Waste Lists.
(a) General. For the purposes of this Subpart, a waste is considered hazardous under
U.S. national procedures, and hence subject to this Subpart, if the waste:
(1) Meets the Federal definition of hazardous waste in 40 CFR261.3; and
(2) Is subject to either the Federal RCRA manifesting requirements at 40 CFR part
262, subpart B, to the universal waste management standards of 40 CFR part 273, or to
State requirements analogous to 40 CFR part 273.
(b) If a waste is hazardous under paragraph (a) of this section and it appears on the
amber or red list, it is subject to amber- or red-list requirements respectively;
(c) If a waste is hazardous under paragraph (a) of this section and it does not appear on
either amber or red lists, it is subject to red-list requirements.
(d) The appropriate control procedures for hazardous wastes and hazardous waste
mixtures are addressed in Sec. 262.82.
(e) The OECD Green List of Wastes (revised May 1994), Amber List of Wastes and
Red List of Wastes (both revised May 1993) as set forth in Appendix 3, Appendix 4 and
Appendix 5, respectively, to the OECD Council Decision C(92)39/FINAL (Concerning
the Control of Transfrontier Movements of Wastes Destined for Recovery Operations)
are incorporated by reference. These incorporations by reference were approved by the
Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51 on
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July 11, 1996. These materials are incorporated as they exist on the date of the approval
and a notice of any change in these materials will be published in the Federal Register.
The materials are available for inspection at: the U.S. Environmental Protection Agency,
RCRA Information Center (RIC), 1235 Jefferson-Davis Highway, first floor, Arlington,
VA 22203 (Docket F-94-IEFIF-FFFFF) or at the National Archives and Records
Administration (NARA), and may be obtained from the Organisation for Economic Co-
operation and Development, Environment Direcorate, 2 rue Andre Pascal, 75775 Paris
Cedex 16, France. For information on the availability of this material at NARA,
call 202-741-6030, or go to: http://www.archives.gov/federal--register/code--of--federal--
regulations/ibr~locations.html.
[61 FR 16310, Apr. 12, 1996, as amended at 69 FR 18803, Apr. 9, 2004]
Related Resources:
• Frequently Asked Questions on Imports and Exports of Hazardous Waste
Between Members of the Organization for Economic Cooperation and
Development (OECD)
• Frequently Asked Questions on the Basel Convention
Farmers
Subpart G: Farmers
§262.70: Farmers.
A farmer disposing of waste pesticides from his own use which are hazardous wastes is
not required to comply with the standards in this part or other standards in 40 CFR parts
264, 265, 268, or 270 for those wastes provided he triple rinses each emptied pesticide
container in accordance with Sec. 261_/7(b)(3) and disposes of the pesticide residues on
his own farm in a manner consistent with the disposal instructions on the pesticide label.
[53 FR 27165, July 19, 1988]
Related Resources:
• Scope of Farmer Exemption at 40 CFR §262.10(D) and 262.51
Accumulation Requirements for Storage Tanks: Drip Pads
Subpart W—Drip Pads
SOURCE: 55 FR 50486, Dec. 6, 1990, unless otherwise noted.
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§ 265.440: Applicability.
(a) The requirements of this subpart apply to owners and operators of facilities that use
new or existing drip pads to convey treated wood drippage, precipitation, and/or surface
water run-off to an associated collection system. Existing drip pads are those constructed
before December 6, 1990 and those for which the owner or operator has a design and has
entered into binding financial or other agreements for construction prior to December 6,
1990. All other drip pads are new drip pads. The requirement at § 265.443(b)(3) to install
a leak collection system applies only to those drip pads that are constructed after
December 24, 1992 except for those constructed after December 24, 1992 for which the
owner or operator has a design and has entered into binding financial or other agreements
for construction prior to December 24, 1992.
(b) The owner or operator of any drip pad that is inside or under a structure that provides
protection from precipitation so that neither run-off nor runon is generated is not subject
to regulation under § 265.443(e) or § 265.443(f), as appropriate.
(c) The requirements of this subpart are not applicable to the management of infrequent
and incidental drippage in storage yards provided that:
(1) The owner or operator maintains and complies with a written contingency plan that
describes how the owner or operator will respond immediately to the discharge of such
infrequent and incidental drippage. At a minimum, the contingency plan must describe
how the facility will do the following:
(i) Clean up the drippage;
(ii) Document the cleanup of the drippage;
(iii) Retain documents regarding cleanup for three years; and
(iv) Manage the contaminated media in a manner consistent with Federal regulations.
[55 FR 50486, Dec. 6, 1990, as amended by 56 FR 30198, July 1, 1991; 57 FR 61503,
Dec. 24, 1992]
§ 265.441: Assessment of existing drip pad integrity.
(a) For each existing drip pad as defined in §265.440, the owner or operator must
evaluate the drip pad and determine that it meets all of the requirements of this subpart,
except the requirements for liners and leak detection systems of §265.443(b). No later
than the effective date of this rule, the owner or operator must obtain and keep on file at
the facility a written assessment of the drip pad, reviewed and certified by a qualified
Professional Engineer that attests to the results of the evaluation. The assessment must be
reviewed, updated, and re-certified annually until all upgrades, repairs, or modifications
necessary to achieve compliance with all the standards of §265.443 are complete. The
evaluation must document the extent to which the drip pad meets each of the design and
operating standards of §265.443, except the standards for liners and leak detection
systems, specified in §265.443(b).
(b) The owner or operator must develop a written plan for upgrading, repairing, and
modifying the drip pad to meet the requirements of §265.443(b), and submit the plan to
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the Regional Administrator no later than 2 years before the date that all repairs, upgrades,
and modifications are complete. This written plan must describe all changes to be made
to the drip pad in sufficient detail to document compliance with all the requirements of
§265.443. The plan must be reviewed and certified by a qualified Professional Engineer.
(c) Upon completion of all repairs and modifications, the owner or operator must submit
to the Regional Administrator or State Director, the as-built drawings for the drip pad
together with a certification by a qualified Professional Engineer attesting that the drip
pad conforms to the drawings.
(d) If the drip pad is found to be leaking or unfit for use, the owner or operator must
comply with the provisions of § 265.443(m) of this subpart or close the drip pad in
accordance with § 265.445 of this subpart.
[55 FR 50486, Dec. 6, 1990, as amended at 57 FR 61504, Dec. 24, 1992; 71 FR 16912,
Apr. 4, 2006; 71 FR 40276, July 14, 2006]
§ 265.442: Design and installation of new drip pads.
Owners and operators of new drip pads must ensure that the pads are designed, installed,
and operated in accordance with one of the following:
(a) All of the applicable requirements of §§265.443 (except § 265.443(a)(4)X
265.444 and 265.445 of this subpart, or (b) All of the applicable requirements of §§
265.443 (except § 265.443(b)). 265.444 and 265.445 of this subpart.
[57 FR 61504, Dec. 24, 1992]
§ 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 treated wood drippage, rain and other waters, or solutions of
drippage and water or other wastes to the associated collection system;
(3) Have a curb or berm around the perimeter;
(4)(i) Have a hydraulic conductivity of less than or equal to IxlO"7 centimeters per
second, e.g., existing concrete drip pads must be sealed, coated, or covered with a surface
material with a hydraulic conductivity of less than or equal to IxlO"7 centimeters per
second such that the entire surface where drippage occurs or may run across is capable of
containing such drippage and mixtures of drippage and precipitation, materials, or other
wastes while being routed to an associated collection system. This surface material must
be maintained free of cracks and gaps that could adversely affect its hydraulic
conductivity, and the material must be chemically compatible with the preservatives that
contact the drip pad. The requirements of this provision apply only to existing drip pads
and those drip pads for which the owner or operator elects to comply with § 265.442(b)
instead of § 265.442(a).
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(ii) The owner or operator must obtain and keep on file at the facility a written
assessment of the drip pad, reviewed and certified by a qualified Professional Engineer
that attests to the results of the evaluation. The assessment must be reviewed, updated and
recertified annually. The evaluation must document the extent to which the drip pad
meets the design and operating standards of this section, except for paragraph (b) of this
section.
(5) Be of sufficient structural strength and thickness to prevent failure due to physical
contact, climatic conditions, the stress of installation, and the stress of daily operations,
e.g., variable and moving loads such as vehicle traffic, movement of wood, etc.
NOTE: EPA will generally consider applicable standards established by professional
organizations generally recognized by industry such as the American Concrete Institute
(ACT) and the American Society of Testing Materials (ASTM) in judging the structural
integrity requirement of this paragraph.
(b) If an owner/operator elects to comply with §265.442(a) instead of § 265.442(b), the
drip pad must have:
(1) A synthetic liner installed below the drip pad that is designed, constructed, and
installed to prevent leakage from the drip pad into the adjacent subsurface soil or
groundwater or surface water at any time during the active life (including the closure
period) of the drip pad. The liner must be constructed of materials that will prevent waste
from being absorbed into the liner and prevent releases into the adjacent subsurface soil
or ground water or surface water during the active life of the facility. The liner must be:
(i) Constructed of materials that have appropriate chemical properties and sufficient
strength and thickness to prevent failure due to pressure gradients (including static head
and external hydrogeologic forces), physical contact with the waste or drip pad leakage to
which they are exposed, climatic conditions, the stress of installation, and the stress of
daily operation (including stresses from vehicular traffic on the drip pad);
(ii) Placed upon a foundation or base capable of providing support to the liner and
resistance to pressure gradients above and below the liner to prevent failure of the liner
due to settlement, compression or uplift; and
(iii) Installed to cover all surrounding earth that could come in contact with the waste or
leakage; and
(2) A leakage detection system immediately above the liner that is designed, constructed,
maintained and operated to detect leakage from the drip pad. The leakage detection
system must be:
(i) Constructed of materials that are:
(A) Chemically resistant to the waste managed in the drip pad and the leakage that might
be generated; and
(B) Of sufficient strength and thickness to prevent collapse under the pressures exerted
by overlaying materials and by any equipment used at the drip pad; and
(ii) Designed and operated to function without clogging through the scheduled closure of
the drip pad.
(iii) Designed so that it will detect the failure of the drip pad or the presence of a release
of hazardous waste or accumulated liquid at the earliest practicable time.
(3) A leakage collection system immediately above the liner that is designed, constructed,
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maintained and operated to collect leakage from the drip pad such that it can be removed
from below the drip pad. The date, time, and quantity of any leakage collected in this
system and removed must be documented in the operating log.
(c) Drip pads must be maintained such that they remain free of cracks, gaps, corrosion, or
other deterioration that could cause hazardous waste to be released from the drip pad.
NOTE: See § 265.443(m) for remedial action required if deterioration or leakage is
detected.
(d) The drip pad and associated collection system must be designed and operated to
convey, drain, and collect liquid resulting from drippage or precipitation in order to
prevent run-off.
(e) Unless protected by a structure, as described in § 265.440(b) of this subpart, the
owner or operator must design, construct, operate and maintain a run-on control system
capable of preventing flow onto the drip pad during peak discharge from at least a 24-
hour, 25-year storm unless the system has sufficient excess capacity to contain any run-
on that might enter the system, or the drip pad is protected by a structure or cover, as
described in § 265.440(b) of this subpart.
(f) Unless protected by a structure or cover, as described in § 265.440(b) of this subpart,
the owner or operator must design, construct, operate and maintain a run-off management
system to collect and control at least the water volume resulting from a 24-hour, 25-year
storm.
(g) The drip pad must be evaluated to determine that it meets the requirements of
paragraphs (a) through (f) of this section and the owner or operator must obtain a
statement from a qualified Professional Engineer certifying that the drip pad design meets
the requirements of this section.
(h) Drippage and accumulated precipitation must be removed from the associated
collection system as necessary to prevent overflow onto the drip pad.
(i) The drip pad surface must be cleaned thoroughly in a manner and frequency such that
accumulated residues of hazardous waste or other materials are removed, with residues
being properly managed as hazardous waste, so as to allow weekly inspections of the
entire drip pad surface without interference or hindrance from accumulated residues of
hazardous waste or other materials on the drip pad. The owner or operator must
document the date and time of each cleaning and the cleaning procedure used in the
facility's operating log.
(j) Drip pads must be operated and maintained in a manner to minimize tracking of
hazardous waste or hazardous waste constituents off the drip pad as a result of activities
by personnel or equipment.
(k) After being removed from the treatment vessel, treated wood from pressure and non-
pressure processes must be held on the drip pad until drippage has ceased. The owner or
operator must maintain records sufficient to document that all treated wood is held on the
pad following treatment in accordance with this requirement.
(1) Collection and holding units associated with run-on and run-off control systems must
be emptied or otherwise managed as soon as possible after storms to maintain design
capacity of the system.
(m) Throughout the active life of the drip pad, if the owner or operator detects a condition
that may have caused or has caused a release of hazardous waste, the condition must be
repaired within a reasonably prompt period of time following discovery, in accordance
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with the following procedures:
(1) Upon detection of a condition that may have caused or has caused a release of
hazardous waste (e.g., upon detection of leakage by the leak detection system), the owner
or operator must:
(i) Enter a record of the discovery in the facility operating log;
(ii) Immediately remove the portion of the drip pad affected by the condition from
service;
(iii) Determine what steps must be taken to repair the drip pad, remove any leakage from
below the drip pad, and establish a schedule for accomplishing the clean up and repairs;
(iv) Within 24 hours after discovery of the condition, notify the Regional Administrator
of the condition and, within 10 working days, provide a written notice to the Regional
Administrator with a description of the steps that will be taken to repair the drip pad, and
clean up any leakage, and the schedule for accomplishing this work.
(2) The Regional Administrator will review the information submitted, make a
determination regarding whether the pad must be removed from service completely or
partially until repairs and clean up are complete, and notify the owner or operator of the
determination and the underlying rationale in writing.
(3) Upon completing all repairs and clean up, the owner or operator must notify the
Regional Administrator in writing and provide a certification, signed by an independent
qualified, registered professional engineer, that the repairs and clean up have been
completed according to the written plan submitted in accordance with paragraph
(m)(l)(iv) of this section.
(n) The owner or operator must maintain, as part of the facility operating log,
documentation of past operating and waste handling practices. This must include
identification of preservative formulations used in the past, a description of drippage
management practices, and a description of treated wood storage and handling practices.
[55 FR 50486, Dec. 6, 1990, as amended at 56 FR 30198, July 1, 1991; 57 FR 5861, Feb.
18, 1992; 57 FR 61504, Dec. 24, 1992; 71 FR 16912, Apr. 4, 2006; 71 FR 40276, July
14, 2006]
§ 265.444: Inspections.
(a) During construction or installation, liners and cover systems (e.g., membranes, sheets,
or coatings) must be inspected for uniformity, damage and imperfections (e.g., holes,
cracks, thin spots, or foreign materials). Immediately after construction or installation,
liners must be inspected and certified as meeting the requirements of §265.443 by a
qualified Professional Engineer. This certification must be maintained at the facility as
part of the facility operating record. After installation, liners and covers must be
inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters.
(b) While a drip pad is in operation, it must be inspected weekly and after storms to
detect evidence of any of the following:
(1) Deterioration, malfunctions or improper operation of run-on and runoff control
systems;
(2) The presence of leakage in and proper functioning of leakage detection system.
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(3) Deterioration or cracking of the drip pad surface.
NOTE: See § 265.443(m) for remedial action required if deterioration or leakage is
detected.
[55 FR 50486, Dec. 6, 1990, as amended at 71 FR 16912, Apr. 4, 2006]
§ 265.445: Closure.
(a) At closure, the owner or operator must remove or decontaminate all waste residues,
contaminated containment system components (pad, liners, etc.), contaminated subsoils,
and structures and equipment contaminated with waste and leakage, and manage them as
hazardous waste.
(b) If, after removing or decontaminating all residues and making all reasonable efforts to
effect removal or decontamination of contaminated components, subsoils, structures, and
equipment as required in paragraph (a) of this section, the owner or operator finds that
not all contaminated subsoils can be practically removed or decontaminated, he must
close the facility and perform post-closure care in accordance with closure and post-
closure care requirements that apply to landfills (§ 265.310). For permitted units, the
requirement to have a permit continues throughout the post-closure period.
(c)(l) The owner or operator of an existing drip pad, as defined in § 265.440 of this
subpart, that does not comply with the liner requirements of § 265.443(b)0) must:
(i) Include in the closure plan for the drip pad under § 265.112 both a plan for complying
with paragraph (a) of this section and a contingent plan for complying with paragraph (b)
of this section in case not all contaminated subsoils can be practicably removed at
closure; and
(ii) Prepare a contingent post-closure plan under § 265.118 of this part for complying
with paragraph (b) of this section in case not all contaminated subsoils can be practicably
removed at closure.
(2) The cost estimates calculated under §§ 265.112 and 265.144 of this part for closure
and post-closure care of a drip pad subject to this paragraph must include the cost of
complying with the contingent closure plan and the contingent post-closure plan, but are
not required to include the cost of expected closure under paragraph (a) of this section.
Related Resources:
• Options for CCA Wood Treatment Plants Converting to Preservatives That Do
Not Generate Hazardous Waste
• Drip Pad Leakage Collection System Requirements
• Drip Pad Closure Notification and Certification Requirements
• LOG Compliance with Part 265
Accumulation Requirements for Storage Units: Containment Buildings
Subpart DD—Containment Buildings
SOURCE: 57FR 37268, Aug. 18, 1992, unless otherwise noted.
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§ 265.1100: Applicability.
The requirements of this subpart apply to owners or operators who store or treat
hazardous waste in units designed and operated under §265.1101 of this subpart. The
owner or operator is not subject to the definition of land disposal in RCRA section
3004(k) provided that the unit:
(a) Is a completely enclosed, self-supporting structure that is designed and constructed of
manmade materials of sufficient strength and thickness to support themselves, the waste
contents, and any personnel and heavy equipment that operate within the units, and to
prevent failure due to pressure gradients, settlement, compression, or uplift, physical
contact with the hazardous wastes to which they are exposed; climatic conditions; and the
stresses of daily operation, including the movement of heavy equipment within the unit
and contact of such equipment with containment walls;
(b) Has a primary barrier that is designed to be sufficiently durable to withstand the
movement of personnel and handling equipment within the unit;
(c) If the unit is used to manage liquids, has:
(1) A primary barrier designed and constructed of materials to prevent migration of
hazardous constituents into the barrier;
(2) A liquid collection system designed and constructed of materials to minimize the
accumulation of liquid on the primary barrier; and
(3) A secondary containment system designed and constructed of materials to prevent
migration of hazardous constituents into the barrier, with a leak detection and liquid
collection system capable of detecting, collecting, and removing leaks of hazardous
constituents at the earliest possible time, unless the unit has been granted a variance from
the secondary containment system requirements under § 265.1101(b)(4);
(d) Has controls as needed to prevent fugitive dust emissions; and
(e) Is designed and operated to ensure containment and prevent the tracking of materials
from the unit by personnel or equipment.
[57 FR 37268, Aug. 18, 1992, as amended at 71 FR 16912, Apr. 4, 2006; 71 FR 40276,
July 14, 2006]
§ 265.1101: Design and operating standards.
(a) All containment buildings must comply with the following design standards:
(1) The containment building must be completely enclosed with a floor, walls, and a roof
to prevent exposure to the elements, (e.g., precipitation, wind, run-on), and to assure
containment of managed wastes.
(2) The floor and containment walls of the unit, including the secondary containment
system if required under paragraph (b) of this section, must be designed and constructed
of materials of sufficient strength and thickness to support themselves, the waste
contents, and any personnel and heavy equipment that operate within the unit, and to
prevent failure due to pressure gradients, settlement, compression, or uplift, physical
contact with the hazardous wastes to which they are exposed; climatic conditions; and the
stresses of daily operation, including the movement of heavy equipment within the unit
and contact of such equipment with containment walls. The unit must be designed so that
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it has sufficient structural strength to prevent collapse or other failure. All surfaces to be
in contact with hazardous wastes must be chemically compatible with those wastes. EPA
will consider standards established by professional organizations generally recognized by
the industry such as the American Concrete Institute (ACT) and the American Society of
Testing Materials (ASTM) in judging the structural integrity requirements of this
paragraph. If appropriate to the nature of the waste management operation to take place
in the unit, an exception to the structural strength requirement may be made for light-
weight doors and windows that meet these criteria:
(i) They provide an effective barrier against fugitive dust emissions under paragraph
(c)(l)(iv); and
(ii) The unit is designed and operated in a fashion that assures that wastes will not
actually come in contact with these openings.
(3) Incompatible hazardous wastes or treatment reagents must not be placed in the unit or
its secondary containment system if they could cause the unit or secondary containment
system to leak, corrode, or otherwise fail.
(4) A containment building must have a primary barrier designed to withstand the
movement of personnel, waste, and handling equipment in the unit during the operating
life of the unit and appropriate for the physical and chemical characteristics of the waste
to be managed.
(b) For a containment building used to manage hazardous wastes containing free liquids
or treated with free liquids (the presence of which is determined by the paint filter test, a
visual examination, or other appropriate means), the owner or operator must include:
(1) A primary barrier designed and constructed of materials to prevent the migration of
hazardous constituents into the barrier (e.g. a geomembrane covered by a concrete wear
surface).
(2) A liquid collection and removal system to prevent the accumulation of liquid on the
primary barrier of the containment building:
(i) The primary barrier must be sloped to drain liquids to the associated collection system;
and (ii) Liquids and waste must be collected and removed to minimize hydraulic head on
the containment system at the earliest practicable time that protects human health and the
environment.
(3) A secondary containment system including a secondary barrier designed and
constructed to prevent migration of hazardous constituents into the barrier, and a leak
detection system that is capable of detecting failure of the primary barrier and collecting
accumulated hazardous wastes and liquids at the earliest practicable time.
(i) The requirements of the leak detection component of the secondary containment
system are satisfied by installation of a system that is, at a minimum:
(A) Constructed with a bottom slope of 1 percent or more; and
(B) Constructed of a granular drainage material with a hydraulic conductivity of IxlO"2
cm/sec or more and a thickness of 12 inches (30.5 cm) or more, or constructed of
synthetic or geonet drainage materials with a transmissivity of 3 xlO"5 m2/sec or more.
(ii) If treatment is to be conducted in the building, an area in which such treatment will be
conducted must be designed to prevent the release of liquids, wet materials, or liquid
aerosols to other portions of the building.
(iii) The secondary containment system must be constructed of materials that are
chemically resistant to the waste and liquids managed in the containment building and of
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sufficient strength and thickness to prevent collapse under the pressure exerted by
designed and constructed of materials of sufficient strength and thickness to support
themselves, the waste contents, and any personnel and heavy equipment that operate
within the unit, and to prevent failure due to pressure gradients, settlement, compression,
or uplift, physical contact with the hazardous wastes to which they are exposed; climatic
conditions; and the stresses of daily operation, including the movement of heavy
equipment within the unit and contact of such equipment with containment walls. The
unit must be designed so that it has sufficient structural strength to prevent collapse or
other failure. All surfaces to be in contact with hazardous wastes must be chemically
compatible with those wastes. EPA will consider standards established by professional
organizations generally recognized by the industry such as the American Concrete
Institute (ACT) and the American Society of Testing Materials (ASTM) in judging the
structural integrity requirements of this paragraph. If appropriate to the nature of the
waste management operation to take place in the unit, an exception to the structural
strength requirement may be made for light-weight doors and windows that meet these
criteria:
(i) They provide an effective barrier against fugitive dust emissions under paragraph
(c)(l)(iv); and
(ii) The unit is designed and operated in a fashion that assures that wastes will not
actually come in contact with these openings.
(3) Incompatible hazardous wastes or treatment reagents must not be placed in the unit or
its secondary containment system if they could cause the unit or secondary containment
system to leak, corrode, or otherwise fail.
(4) A containment building must have a primary barrier designed to withstand the
movement of personnel, waste, and handling equipment in the unit during the operating
life of the unit and appropriate for the physical and chemical characteristics of the waste
to be managed.
(b) For a containment building used to manage hazardous wastes containing free liquids
or treated with free liquids (the presence of which is determined by the paint filter test, a
visual examination, or other appropriate means), the owner or operator must include:
(1) A primary barrier designed and constructed of materials to prevent the migration of
hazardous constituents into the barrier (e.g. a geomembrane covered by a concrete wear
surface).
(2) A liquid collection and removal system to prevent the accumulation of liquid on the
primary barrier of the containment building:
(i) The primary barrier must be sloped to drain liquids to the associated collection system;
and (ii) Liquids and waste must be collected and removed to minimize hydraulic head on
the containment system at the earliest practicable time that protects human health and the
environment.
(3) A secondary containment system including a secondary barrier designed and
constructed to prevent migration of hazardous constituents into the barrier, and a leak
detection system that is capable of detecting failure of the primary barrier and collecting
accumulated hazardous wastes and liquids at the earliest practicable time.
(i) The requirements of the leak detection component of the secondary containment
system are satisfied by installation of a system that is, at a minimum:
(A) Constructed with a bottom slope of 1 percent or more; and
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(B) Constructed of a granular drainage material with a hydraulic conductivity of IxlO"2
cm/sec or more and a thickness of 12 inches (30.5 cm) or more, or constructed of
synthetic or geonet drainage materials with a transmissivity of 3xlO"5 m2/sec or more.
(ii) If treatment is to be conducted in the building, an area in which such treatment will be
conducted must be designed to prevent the release of liquids, wet materials, or liquid
aerosols to other portions of the building.
(iii) The secondary containment system must be constructed of materials that are
chemically resistant to the waste and liquids managed in the containment building and of
sufficient strength and thickness to prevent collapse under the pressure exerted by
overlaying materials and by any equipment used in the containment building.
(Containment buildings can serve as secondary containment systems for tanks placed
within the building under certain conditions. A containment building can serve as an
external liner system for a tank, provided it meets the requirements of § 265.193(e)(l). In
addition, the containment building must meet the requirements of § 265.193 (b) and (c) to
be considered an acceptable secondary containment system for a tank.)
(4) For existing units other than 90-day generator units, the Regional Administrator may
delay the secondary containment requirement for up to two years, based on a
demonstration by the owner or operator that the unit substantially meets the standards of
this Subpart. In making this demonstration, the owner or operator must:
(i) Provide written notice to the Regional Administrator of their request by February 18,
1993. This notification must describe the unit and its operating practices with specific
reference to the performance of existing containment systems, and specific plans for
retrofitting the unit with secondary containment;
(ii) Respond to any comments from the Regional Administrator on these plans within 30
days; and
(iii) Fulfill the terms of the revised plans, if such plans are approved by the Regional
Administrator.
(c) Owners or operators of all containment buildings must:
(1) Use controls and practices to ensure containment of the hazardous waste within the
unit; and, at a minimum:
(i) Maintain the primary barrier to be free of significant cracks, gaps, corrosion, or other
deterioration that could cause hazardous waste to be released from the primary barrier;
(ii) Maintain the level of the stored/treated hazardous waste within the containment walls
of the unit so that the height of any containment wall is not exceeded;
(iii) Take measures to prevent the tracking of hazardous waste out of the unit by
personnel or by equipment used in handling the waste. An area must be designated to
decontaminate equipment and any rinsate must be collected and properly managed; and
(iv) Take measures to control fugitive dust emissions such that any openings (doors,
windows, vents, cracks, etc.) exhibit no visible emissions. In addition, all associated
particulate collection devices (e.g., fabric filter, electrostatic precipitator) must be
operated and maintained with sound air pollution control practices. This state of no
visible emissions must be maintained effectively at all times during normal operating
conditions, including when vehicles and personnel are entering and exiting the unit.
(2) Obtain and keep on-site a certification by a qualified Professional Engineer that the
containment building design meets the requirements of paragraphs (a), (b), and (c) of this
section.
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(3) Throughout the active life of the containment building, if the owner or operator
detects a condition that could lead to or has caused a release of hazardous waste, the
owner or operator must repair the condition promptly, in accordance with the following
procedures.
(i) Upon detection of a condition that has led to a release of hazardous waste (e.g., upon
detection of leakage from the primary barrier) the owner or operator must:
(A) Enter a record of the discovery in the facility operating record;
(B) Immediately remove the portion of the containment building affected by the
condition from service;
(C) Determine what steps must be taken to repair the containment building, remove any
leakage from the secondary collection system, and establish a schedule for accomplishing
the cleanup and repairs; and
(D) Within 7 days after the discovery of the condition, notify the Regional Administrator
of the condition, and within 14 working days, provide a written notice to the Regional
Administrator with a description of the steps taken to repair the containment building,
and the schedule for accomplishing the work.
(ii) The Regional Administrator will review the information submitted, make a
determination regarding whether the containment building must be removed from service
completely or partially until repairs and cleanup are complete, and notify the owner or
operator of the determination and the underlying rationale in writing.
(iii) Upon completing all repairs and cleanup the owner or operator must notify the
Regional Administrator in writing and provide a verification, signed by a qualified,
registered professional engineer, that the repairs and cleanup have been completed
according to the written plan submitted in accordance with paragraph (c)(3)(i)(D) of this
section.
(4) Inspect and record in the facility's operating record at least once every seven days,
except for Performance Track member facilities, that must inspect up to once each
month, upon approval of the director, data gathered from monitoring and leak detection
equipment as well as the containment building and the area immediately surrounding the
containment building to detect signs of releases of hazardous waste. To apply for reduced
inspection frequency, the Performance Track member facility must follow the procedures
described in §265Jl(b)(5).
(d) For a containment building that contains both areas with and without secondary
containment, the owner or operator must:
(1) Design and operate each area in accordance with the requirements enumerated in
paragraphs (a) through (c) of this section;
(2) Take measures to prevent the release of liquids or wet materials into areas without
secondary containment; and
(3) Maintain in the facility's operating log a written description of the operating
procedures used to maintain the integrity of areas without secondary containment.
(e) Notwithstanding any other provision of this subpart, the Regional Administrator may
waive requirements for secondary containment for a permitted containment building
where the owner or operator demonstrates that the only free liquids in the unit are limited
amounts of dust suppression liquids required to meet occupational health and safety
requirements, and where containment of managed wastes and liquids can be assured
without a secondary containment system.
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[57 FR 37268, Aug. 18, 1992, as amended at 71 FR 16912, Apr. 4, 2006; 71 FR 40276,
July 14, 2006]
§ 265.1102 Closure and post-closure care.
(a) At closure of a containment building, the owner or operator must remove or
decontaminate all waste residues, contaminated containment system components (liners,
etc.), contaminated subsoils, and structures and equipment contaminated with waste and
leachate, and manage them as hazardous waste unless §261.3(d) of this chapter applies.
The closure plan, closure activities, cost estimates for closure, and financial responsibility
for containment buildings must meet all of the requirements specified in subparts G and
H of this part.
(b) If, after removing or decontaminating all residues and making all reasonable efforts to
effect removal or decontamination of contaminated components, subsoils, structures, and
equipment as required in paragraph (a) of this section, the owner or operator finds that
not all contaminated subsoils 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 (§265.310). In addition, for the purposes of
closure, post-closure, and financial responsibility, such a containment building is then
considered to be a landfill, and the owner or operator must meet all of the requirements
for landfills specified in subparts G and H of this part.
Related Resources:
• Containment Buildings as Secondary Containment
• Containment Building Certification
• Containment Buildings as Generator Accumulation Units
• LOG Compliance with Part 265
Air Emissions
Subpart AA: Air Emission Standards for Process Vents
§265.1030: Applicability.
Source: 55 FR 25507, June 21, 1990, unless otherwise noted.
(a) The regulations in this subpart apply to owners and operators of facilities that treat,
store, or dispose of hazardous wastes (except as provided in Sec. 265.1).
(b) Except for Sec. Sec. 265.1034, paragraphs (d) and (e), this subpart applies to process
vents associated with distillation, fractionation, thin-film evaporation, solvent extraction,
or air or steam stripping operations that manage hazardous wastes with organic
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concentrations of at least 10 ppmw, if these operations are conducted in one of the
following:
(1) A unit that is subject to the permitting requirements of 40 CFR part 270, or
(2) A unit (including a hazardous waste recycling unit) that is not exempt from permitting
under the provisions of 40 CFR 262.34(a) (i.e., a hazardous waste recycling unit that is
not a 90-day tank or container) and that is located at a hazardous waste management
facility otherwise subject to the permitting requirements of 40 CFR part 270, or
(3) A unit that is exempt from permitting under the provisions of 40 CFR 262.34(a) (i.e.,
a "90-day" tank or container) and is not a recycling unit under the requirements of 40
CFR 261.6.
Note: The requirements of Sec. Sec. 265.1032 through 265.1036 apply to process vents
on hazardous waste recycling units previously exempt under paragraph 26L6(c)(l). Other
exemptions under Sec. Sec. 261.4, and 265.l(c) are not affected by these requirements.]
(c) The requirements of this subpart do not apply to the pharmaceutical manufacturing
facility, commonly referred to as the Stonewall Plant, located at Route 340 South, Elkton,
Virginia, provided that facility is operated in compliance with the requirements contained
in a Clean Air Act permit issued pursuant to 40 CFR 52.2454. The requirements of this
subpart shall apply to the facility upon termination of the Clean Air Act permit issued
pursuant to 40 CFR 52.2454.
(d) The requirements of this subpart do not apply to the process vents at a facility where
the facility owner or operator certifies that all of the process vents that would otherwise
be subject to this subpart are equipped with and operating air emission controls in
accordance with the process vent requirements of an applicable Clean Air Act regulation
codified under 40 CFR part 60, part 61, or part 63. The documentation of compliance
under regulations at 40 CFR part 60, part 61, or part 63 shall be kept with, or made
readily available with, the facility operating record.
[55 FR 25507, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991; 61 FR 59968,
Nov. 25, 1996; 62 FR 52642, Oct. 8, 1997; 62 FR 64661, Dec. 8, 1997]
§265.1031: Definitions.
As used in this subpart, all terms shall have the meaning given them in Sec. 264.1031, the
Act, and parts 260-266.
§265.1032: Standards: Process vents.
(a) The owner or 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 at least 10 ppmw
shall either:
(1) Reduce total organic emissions from all affected process vents at the facility below
1.4 kg/h (3 Ib/h) and 2.8 Mg/yr (3.1 tons/yr), or
(2) Reduce, by use of a control device, total organic emissions from all affected process
vents at the facility by 95 weight percent.
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(b) If the owner or operator installs a closed-vent system and control device to comply
with the provisions of paragraph (a) of this section, the closed-vent system and control
device must meet the requirements of Sec. 265.1033.
(c) Determinations of vent emissions and emission reductions or total organic compound
concentrations achieved by add-on control devices may be based on engineering
calculations or performance tests. If performance tests are used to determine vent
emissions, emission reductions, or total organic compound concentrations achieved by
add-on control devices, the performance tests must conform with the requirements of Sec.
265.1034(c).
(d) When an owner or operator and the Regional Administrator do not agree on
determinations of vent emissions and/or emission reductions or total organic compound
concentrations achieved by add-on control devices based on engineering calculations, the
test methods in Sec. 265.1034(c) shall be used to resolve the disagreement.
§265.1033: Standards: Closed-vent systems and control devices.
(a)(l) Owners or operators of closed-vent systems and control devices used to comply
with provisions of this part shall comply with the provisions of this section.
(2)(i) The owner or operator of an existing facility who cannot install a closed-vent
system and control device to comply with the provisions of this subpart on the effective
date that the facility becomes subject to the requirements of this subpart must prepare an
implementation schedule that includes dates by which the closed-vent system and control
device will be installed and in operation. The controls must be installed as soon as
possible, but the implementation schedule may allow up to 30 months after the effective
date that the facility becomes subject to this subpart for installation and startup.
(ii) Any unit that begins operation after December 21, 1990, and is subject to the
requirements of this subpart when operation begins, must comply with the rules
immediately (i.e., must have control devices installed and operating on startup of the
affected unit); the 30-month implementation schedule does not apply.
(iii) The owner or operator of any facility in existence on the effective date of a statutory
or EPA regulatory amendment that renders the facility subject to this subpart shall
comply with all requirements of this subpart as soon as practicable but no later than 30
months after the amendment's effective date. When control equipment required by this
subpart can not be installed and begin operation by the effective date of the amendment,
the facility owner or operator shall prepare an implementation schedule that includes the
following information: Specific calendar dates for award of contracts or issuance of
purchase orders for the control equipment, initiation of on-site installation of the control
equipment, completion of the control equipment installation, and performance of any
testing to demonstrate that the installed equipment meets the applicable standards of this
subpart. The owner or operator shall enter the implementation schedule in the operating
record or in a permanent, readily available file located at the facility.
(iv) Owners and operators of facilities and units that become newly subject to the
requirements of this subpart after December 8, 1997, due to an action other than those
described in paragraph (a)(2)(iii) of this section must comply with all applicable
requirements immediately (i.e., must have control devices installed and operating on the
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date the facility or unit becomes subject to this subpart; the 30-month implementation
schedule does not apply).
(b) A control device involving vapor recovery (e.g., a condenser or adsorber) shall be
designed and operated to recover the organic vapors vented to it with an efficiency of 95
weight percent or greater unless the total organic emission limits of Sec.265.1032(a)(l)
for all affected process vents can be attained at an efficiency less than 95 weight percent.
(c) An enclosed combustion device (e.g., a vapor incinerator, boiler, or process heater)
shall be designed and operated to reduce the organic emissions vented to it by 95 weight
percent or greater; to achieve a total organic compound concentration of 20 ppmv,
expressed as the sum of the actual compounds, not carbon equivalents, on a dry basis
corrected to 3 percent oxygen; or to provide a minimum residence time of 0.50 seconds at
a minimum temperature of 760 [deg]C. If a boiler or process heater is used as the control
device, then the vent stream shall be introduced into the flame combustion zone of the
boiler or process heater.
(d)(l) A flare shall be designed for and operated with no visible emissions as determined
by the methods specified in paragraph (e)(l) of this section, except for periods not to
exceed a total of 5 minutes during any 2 consecutive hours.
(2) A flare shall be operated with a flame present at all times, as determined by the
methods specified in paragraph (f)(2)(iii) of this section.
(3) A flare shall be used only if the net heating value of the gas being combusted is 11.2
MJ/scm (300 Btu/scf) or greater, if the flare is steam-assisted or air-assisted; or if the net
heating value of the gas being combusted is 7.45 MJ/scm (200 Btu/scf) or greater if the
flare is nonassisted. The net heating value of the gas being combusted shall be
determined by the methods specified in paragraph (e)(2) of this section.
(4)(i) A steam-assisted or nonassisted flare shall be designed for and operated with an
exit velocity, as determined by the methods specified in paragraph (e)(3) of this section,
of less than 18.3 m/s (60 ft/s), except as provided in paragraphs (d)(4) (ii) and (iii) of this
section.
(ii) A steam-assisted or nonassisted flare designed for and operated with an exit velocity,
as determined by the methods specified in paragraph (e)(3) of this section, equal to or
greater than 18.3 m/s (60 ft/s) but less than 122 m/s (400 ft/s) is allowed if the net heating
value of the gas being combusted is greater than 37.3 MJ/scm (1,000 Btu/scf).
(iii) A steam-assisted or nonassisted flare designed for and operated with an exit velocity,
as determined by the methods specified in paragraph (e)(3) of this section, less than the
velocity, Vmax, as determined by the method specified in paragraph (e)(4) of this section,
and less than 122 m/s (400 ft/s) is allowed.
(5) An air-assisted flare shall be designed and operated with an exit velocity less than the
velocity, Vmax, as determined by the method specified in paragraph (e)(5) of this section.
(6) A flare used to comply with this section shall be steam-assisted, air-assisted, or
nonassisted.
(e)(l) Reference Method 22 in 40 CFR part 60 shall be used to determine the compliance
of a flare with the visible emission provisions of this subpart. The observation period is 2
hours and shall be used according to Method 22.
(2) The net heating value of the gas being combusted in a flare shall be calculated using
the following equation:
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where:
HT=Net heating value of the sample, MJ/scm; where the net enthalpy per mole of offgas
is based on combustion at 25 °C and 760 mm Hg, but the standard temperature for
determining the volume corresponding to 1 mol is 20 °C;
K=Constant, 1.74xlO¥7 (1/ppm) (g mol/scm) (MJ/kcal) where standard temperature for
(g mol/scm) is 20 °C;
C;=Concentration of sample component i in ppm on a wet basis, as measured for organics
by Reference Method 18 in 40 CFR part 60 and measured for hydrogen and carbon
monoxide by ASTM D 1946-82 (incorporated by reference as specified in § 260.11): and
H;=Net heat of combustion of sample component i, kcal/g mol at 25 °C and 760 mm Hg.
The heats of combustion may be determined using ASTM D 2382-83 (incorporated by
reference as specified in § 260.11) if published values are not available or cannot be
calculated.
(3) The actual exit velocity of a flare shall be determined by dividing the volumetric flow
rate (in units of standard temperature and pressure), as determined by Reference Methods
2, 2A,2C, or 2D in 40 CFR part 60 as appropriate, by the unobstructed (free) cross-
sectional area of the flare tip.
(4) The maximum allowed velocity in m/s, Vmax, for a flare complying with paragraph
(d)(4)(iii) of this section shall be determined by the following equation:
Logio(Vmax)=(HT+28.8)/31.7
where:
HT=The net heating value as determined in paragraph (e)(2) of this section.
28.8=Constant,
31.7=Constant.
(5) The maximum allowed velocity in m/s, Vmax, for an air-assisted flare shall be
determined by the following equation:
Vmax = 8.706 + 0.7084 (HT)
where:
8.706 = Constant.
0.7084 = Constant.
HT = The net heating value as determined in paragraph (e)(2) of this section.
(f) The owner or operator shall monitor and inspect each control device required to
comply with this section to ensure proper operation and maintenance of the control
device by implementing the following requirements:
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(1) Install, calibrate, maintain, and operate according to the manufacturer's specifications
a flow indicator that provides a record of vent stream flow from each affected process
vent to the control device at least once every hour. The flow indicator sensor shall be
installed in the vent stream at the nearest feasible point to the control device inlet, but
before being combined with other vent streams.
(2) Install, calibrate, maintain, and operate according to the manufacturer's specifications
a device to continuously monitor control device operation as specified below:
(i) For a thermal vapor incinerator, a temperature monitoring device equipped with a
continuous recorder. The device shall have an accuracy of <±1 percent of the temperature
being monitored in ° C or <±.5 ° C, whichever is greater. The temperature sensor shall be
installed at a location in the combustion chamber downstream of the combustion zone.
(ii) For a catalytic vapor incinerator, a temperature monitoring device equipped with a
continuous recorder. The device shall be capable of monitoring temperature at two
locations and have an accuracy of <±1 percent of the temperature being monitored in ° C
or <±0.5 ° C, whichever is greater. One temperature sensor shall be installed in the vent
stream at the nearest feasible point to the catalyst bed inlet and a second temperature
sensor shall be installed in the vent stream at the nearest feasible point to the catalyst bed
outlet.
(iii) For a flare, a heat sensing monitoring device equipped with a continuous recorder
that indicates the continuous ignition of the pilot flame.
(iv) For a boiler or process heater having a design heat input capacity less than 44 MW, a
temperature monitoring device equipped with a continuous recorder. The device shall
have an accuracy of 1 percent of the temperature being monitored in ° C or <±0.5 °C,
whichever is greater. The temperature sensor shall be installed at a location in the furnace
downstream of the combustion zone.
(v) For a boiler or process heater having a design heat input capacity greater than or equal
to 44 MW, a monitoring device equipped with a continuous recorder to measure a
parameter(s) that indicates good combustion operating practices are being used.
(vi) For a condenser, either:
(A) A monitoring device equipped with a continuous recorder to measure the
concentration level of the organic compounds in the exhaust vent stream from the
condenser; or
(B) A temperature monitoring device equipped with a continuous recorder. The device
shall be capable of monitoring temperature with an accuracy of <±1 percent of the
temperature being monitored in degrees Celsius ( ° C) or <±.5 ° C, whichever is greater.
The temperature sensor shall be installed at a location in the exhaust vent stream from the
condenser exit (i.e., product side).
(vii) For a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates
the carbon bed directly in the control device, either:
(A) A monitoring device equipped with a continuous recorder to measure the
concentration level of the organic compounds in the exhaust vent stream from the carbon
bed, or
(B) A monitoring device equipped with a continuous recorder to measure a parameter
that indicates the carbon bed is regenerated on a regular, predetermined time cycle.
(3) Inspect the readings from each monitoring device required by paragraphs (f) (1) and
(2) of this section at least once each operating day to check control device operation and,
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if necessary, immediately implement the corrective measures necessary to ensure the
control device operates in compliance with the requirements of this section.
(g) An owner or operator using a carbon adsorption system such as a fixed-bed carbon
adsorber that regenerates the carbon bed directly onsite in the control device, shall
replace the existing carbon in the control device with fresh carbon at a regular, pre
determined time interval that is no longer than the carbon service life established as a
requirement of Sec. 265.1035(b)(4)(iii)(F).
(h) An owner or operator using a carbon adsorption system such as a carbon canister that
does not regenerate the carbon bed directly onsite in the control device shall replace the
existing carbon in the control device with fresh carbon on a regular basis by using one of
the following procedures:
(1) Monitor the concentration level of the organic compounds in the exhaust vent stream
from the carbon adsorption system on a regular schedule and replace the existing carbon
with fresh carbon immediately when carbon breakthrough is indicated. The monitoring
frequency shall be daily or at an interval no greater than 20 percent of the time required
to consume the total carbon working capacity established as a requirement of Sec.
265i1035(b)(4)(iii)(G), whichever is longer.
(2) Replace the existing carbon with fresh carbon at a regular, predetermined time
interval that is less than the design carbon replacement interval established as a
requirement of Sec. 265i1035(b)(4)(iii)(G).
(i) An owner or operator of an affected facility seeking to comply with the provisions of
this part by using a control device other than a thermal vapor incinerator, catalytic vapor
incinerator, flare, boiler, process heater, condenser, or carbon adsorption system is
required to develop documentation including sufficient information to describe the
control device operation and identify the process parameter or parameters that indicate
proper operation and maintenance of the control device.
(j) A closed-vent system shall meet either of the following design requirements:
(1) A closed-vent system shall be designed to operate with no detectable emissions, as
indicated by an instrument reading of less than 500 ppmv above background as
determined by the procedure in Sec. 265.1034(b) of this subpart, and by visual
inspections; or
(2) A closed-vent system shall be designed to operate at a pressure below atmospheric
pressure. The system shall be equipped with at least one pressure gauge or other pressure
measurement device that can be read from a readily accessible location to verify that
negative pressure is being maintained in the closed-vent system when the control device
is operating.
(k) The owner or operator shall monitor and inspect each closed-vent system required to
comply with this section to ensure proper operation and maintenance of the closed-vent
system by implementing the following requirements:
(1) Each closed-vent system that is used to comply with paragraph (j)0) of this section
shall be inspected and monitored in accordance with the following requirements:
(i) An initial leak detection monitoring of the closed-vent system shall be conducted by
the owner or operator on or before the date that the system becomes subject to this
section. The owner or operator shall monitor the closed-vent system components and
connections using the procedures specified in Sec. 265.1034(b) of this subpart to
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demonstrate that the closed-vent system operates with no detectable emissions, as
indicated by an instrument reading of less than 500 ppmv above background.
(ii) After initial leak detection monitoring required in paragraph (k)(l)(i) of this section,
the owner or operator shall inspect and monitor the closed-vent system as follows:
(A) Closed-vent system joints, seams, or other connections that are permanently or semi-
permanently sealed (e.g., a welded joint between two sections of hard piping or a bolted
and gasketed ducting flange) shall be visually inspected at least once per year to check
for defects that could result in air pollutant emissions. The owner or operator shall
monitor a component or connection using the procedures specified in Sec. 265.1034(b) of
this subpart to demonstrate that it operates with no detectable emissions following any
time the component is repaired or replaced (e.g., a section of damaged hard piping is
replaced with new hard piping) or the connection is unsealed (e.g., a flange is unbolted).
(B) Closed-vent system components or connections other than those specified in
paragraph (k)(l)(ii)(A) of this section shall be monitored annually and at other times as
requested by the Regional Administrator, except as provided for in paragraph (n) of this
section, using the procedures specified in Sec. 265.1034(b) of this subpart to demonstrate
that the components or connections operate with no detectable emissions.
(iii) In the event that a defect or leak is detected, the owner or operator shall repair the
defect or leak in accordance with the requirements of paragraph (k)(3) of this section.
(iv) The owner or operator shall maintain a record of the inspection and monitoring in
accordance with the requirements specified in Sec. 265.1035 of this subpart.
(2) Each closed-vent system that is used to comply with paragraph (j)(2) of this section
shall be inspected and monitored in accordance with the following requirements:
(i) The closed-vent system shall be visually inspected by the owner or operator to check
for defects that could result in air pollutant emissions. Defects include, but are not limited
to, visible cracks, holes, or gaps in ductwork or piping or loose connections.
(ii) The owner or operator shall perform an initial inspection of the closed-vent system on
or before the date that the system becomes subject to this section. Thereafter, the owner
or operator shall perform the inspections at least once every year.
(iii) In the event that a defect or leak is detected, the owner or operator shall repair the
defect in accordance with the requirements of paragraph (k)(3) of this section.
(iv) The owner or operator shall maintain a record of the inspection and monitoring in
accordance with the requirements specified in Sec. 265.1035 of this subpart.
(3) The owner or operator shall repair all detected defects as follows:
(i) Detectable emissions, as indicated by visual inspection, or by an instrument reading
greater than 500 ppmv above background, shall be controlled as soon as practicable, but
not later than 15 calendar days after the emission is detected, except as provided for in
paragraph (k)(3)(iii) of this section.
(ii) A first attempt at repair shall be made no later than 5 calendar days after the emission
is detected.
(iii) Delay of repair of a closed-vent system for which leaks have been detected is
allowed if the repair is technically infeasible without a process unit shutdown, or if the
owner or operator determines that emissions resulting from immediate repair would be
greater than the fugitive emissions likely to result from delay of repair. Repair of such
equipment shall be completed by the end of the next process unit shutdown.
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(iv) The owner or operator shall maintain a record of the defect repair in accordance with
the requirements specified in Sec. 265.1035 of this subpart.
(1) Closed-vent systems and control devices used to comply with provisions of this
subpart shall be operated at all times when emissions may be vented to them.
(m) The owner or operator using a carbon adsorption system to control air pollutant
emissions shall document that all carbon that is a hazardous waste and that is removed
from the control device is managed in one of the following manners, regardless of the
average volatile organic concentration of the carbon:
(1) Regenerated or reactivated in a thermal treatment unit that meets one of the following:
(i) The owner or operator of the unit has been issued a final permit under 40 CFR part
270 which implements the requirements of 40 CFR part 264 subpart X; or
(ii) The unit is equipped with and operating air emission controls in accordance with the
applicable requirements of subparts AA and CC of either this part or of 40 CFR part 264;
or
(iii) The unit is equipped with and operating air emission controls in accordance with a
national emission standard for hazardous air pollutants under 40 CFR part 61 or 40 CFR
part 63.
(2) Incinerated in a hazardous waste incinerator for which the owner or operator either:
(i) Has been issued a final permit under 40 CFR part 270 which implements the
requirements of 40 CFR part 264, subpart O; or
(ii) Has designed and operates the incinerator in accordance with the interim status
requirements of subpart O of this part.
(3) Burned in a boiler or industrial furnace for which the owner or operator either:
(i) Has been issued a final permit under 40 CFR part 270 which implements the
requirements of 40 CFR part 266, subpart H; or
(ii) Has designed and operates the boiler or industrial furnace in accordance with the
interim status requirements of 40 CFR part 266, subpart H.
(n) Any components of a closed-vent system that are designated, as described in Sec.
265.103 5(c)(9) of this subpart, as unsafe to monitor are exempt from the requirements of
paragraph (k)(l)(ii)(B) of this section if:
(1) The owner or operator of the closed-vent system determines that the components of
the closed-vent system are unsafe to monitor because monitoring personnel would be
exposed to an immediate danger as a consequence of complying with paragraph
(k)(l)(ii)(B) of this section; and
(2) The owner or operator of the closed-vent system adheres to a written plan that
requires monitoring the closed-vent system components using the procedure specified in
paragraph (k)(l)(ii)(B) of this section as frequently as practicable during safe-to-monitor
times.
[59 FR 62935, Dec. 6, 1994, as amended at 61 FR 4913, Feb. 9, 1996; 61
FR 59969, Nov. 25, 1996; 62 FR 64661, Dec. 8, 1997]
Sec. 265.1034: Test methods and procedures.
(a) Each owner or operator subject to the provisions of this subpart shall comply with the
test methods and procedures requirements provided in this section.
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(b) When a closed-vent system is tested for compliance with no detectable emissions, as
required in Sec. 265.103 3 (k) of this subpart, the test shall comply with the following
requirements:
(1) Monitoring shall comply with Reference Method 21 in 40 CFR part 60.
(2) The detection instrument shall meet the performance criteria of Reference Method 21.
(3) The instrument shall be calibrated before use on each day of its use by the procedures
specified in Reference Method 21.
(4) Calibration gases shall be:
(i) Zero air (less than 10 ppm of hydrocarbon in air).
(ii) A mixture of methane or n-hexane and air at a concentration of approximately, but
less than, 10,000 ppm methane or n-hexane.
(5) The background level shall be determined as set forth in Reference Method 21.
(6) The instrument probe shall be traversed around all potential leak interfaces as close to
the interface as possible as described in Reference Method 21.
(7) The arithmetic difference between the maximum concentration indicated by the
instrument and the background level is compared with 500 ppm for determining
compliance.
(c) Performance tests to determine compliance with Sec. 265.1032(a) and with the total
organic compound concentration limit of Sec.265.1033(c) shall comply with the
following:
(1) Performance tests to determine total organic compound concentrations and mass flow
rates entering and exiting control devices shall be conducted and data reduced in
accordance with the following reference methods and calculation procedures:
(i) Method 2 in 40 CFR part 60 for velocity and volumetric flow rate.
(ii) Method 18 or Method 25 A in 40 CFR part 60, appendix A, for organic content. If
Method 25A is used, the organic HAP used as the calibration gas must be the single
organic HAP representing the largest percent by volume of the emissions. The use of
Method 25 A is acceptable if the response from the high-level calibration gas is at least 20
times the standard deviation of the response from the zero calibration gas when the
instrument is zeroed on the most sensitive scale.
(iii) Each performance test shall consist of three separate runs; each run conducted for at
least 1 hour under the conditions that exist when the hazardous waste management unit is
operating at the highest load or capacity level reasonably expected to occur. For the
purpose of determining total organic compound concentrations and mass flow rates, the
average of results of all runs shall apply. The average shall be computed on a time-
weighted basis.
(iv) Total organic mass flow rates shall be determined by the following equation:
(A) For sources utilizing Method 18.
- Vsd
[0.0416] [ 10"°]
Where:
Eh = Total organic mass flow rate, kg/h;
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Qsd = Volumetric flow rate of gases entering or exiting control device, as determined by
Method 2, dscm/h;
n = Number of organic compounds in the vent gas;
C; = Organic concentration in ppm, dry basis, of compound i in the vent gas, as
determined by Method 18;
MW;= Molecular weight of organic compound i in the vent gas, kg/kg-mol;
0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 mm Hg);
10"6 = Conversion from ppm
(v) The annual total organic emission rate shall be determined by the following equation:
EA=(Eh) (H)
where:
EA=Total organic mass emission rate, kg/y;
Eh=Total organic mass flow rate for the process vent, kg/h;
H=Total annual hours of operations for the affected unit, h.
(vi) Total organic emissions from all affected process vents at the facility shall be
determined by summing the hourly total organic mass emission rates (Eh, as determined
in paragraph (c)(l)(iv) of this section) and by summing the annual total organic mass
emission rates (EA, as determined in paragraph (c)(l)(v) of this section) for all affected
process vents at the facility.
(2) The owner or operator shall record such process information as may be necessary to
determine the conditions of the performance tests. Operations during periods of startup,
shutdown, and malfunction shall not constitute representative conditions for the purpose
of a performance test.
(3) The owner or operator of an affected facility shall provide, or cause to be provided,
performance testing facilities as follows:
(i) Sampling ports adequate for the test methods specified in paragraph (c)(l) of this
section.
(ii) Safe sampling platform(s).
(iii) Safe access to sampling platform(s).
(iv) Utilities for sampling and testing equipment.
(4) For the purpose of making compliance determinations, the time-weighted average of
the results of the three runs shall apply. In the event that a sample is accidentally lost or
conditions occur in which one of the three runs must be discontinued because of forced
shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological
conditions, or other circumstances beyond the owner or operator's control, compliance
may, upon the Regional Administrator's approval, be determined using the average of the
results of the two other runs.
(d) To show that a process vent associated with a hazardous waste distillation,
fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation
is not subject to the requirements of this subpart, the owner or operator must make an
initial determination that the time-weighted, annual average total organic concentration of
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the waste managed by the waste management unit is less than 10 ppmw using one of the
following two methods:
(1) Direct measurement of the organic concentration of the waste using the following
procedures:
(i) The owner or operator must take a minimum of four grab samples of waste for each
waste stream managed in the affected unit under process conditions expected to cause the
maximum waste organic concentration.
(ii) For waste generated onsite, the grab samples must be collected at a point before the
waste is exposed to the atmosphere such as in an enclosed pipe or other closed system
that is used to transfer the waste after generation to the first affected distillation
fractionation, thin-film evaporation, solvent extraction, or air or steam stripping
operation. For waste generated offsite, the grab samples must be collected at the inlet to
the first waste management unit that receives the waste provided the waste has been
transferred to the facility in a closed system such as a tank truck and the waste is not
diluted or mixed with other waste.
(iii) Each sample shall be analyzed and the total organic concentration of the sample shall
be computed using Method 9060A (incorporated by reference under Sec. 260.11 of this
chapter) of"" Test Methods for Evaluating Solid Waste, Physical/Chemical Methods,"
EPA Publication SW-846; or analyzed for its individual organic constituents.
(iv) The arithmetic mean of the results of the analyses of the four samples shall apply for
each waste stream managed in the unit in determining the time-weighted, annual average
total organic concentration of the waste. The time-weighted average is to be calculated
using the annual quantity of each waste stream processed and the mean organic
concentration of each waste stream managed in the unit.
(2) Using knowledge of the waste to determine that its total organic concentration is less
than 10 ppmw. Documentation of the waste determination is required. Examples of
documentation that shall be used to support a determination under this provision include
production process information documenting that no organic compounds are used,
information that the waste is generated by a process that is identical to a process at the
same or another facility that has previously been demonstrated by direct measurement to
generate a waste stream having a total organic content less than 10 ppmw, or prior
speciation analysis results on the same waste stream where it can also be documented that
no process changes have occurred since that analysis that could affect the waste total
organic concentration.
(e) The determination that distillation fractionation, thin-film evaporation, solvent
extraction, or air or steam stripping operations manage hazardous wastes with time-
weighted annual average total organic concentrations less than 10 ppmw shall be made as
follows:
(1) By the effective date that the facility becomes subject to the provisions of this subpart
or by the date when the waste is first managed in a waste management unit, whichever is
later; and
(2) For continuously generated waste, annually; or
(3) Whenever there is a change in the waste being managed or a change in the process
that generates or treats the waste.
(f) When an owner or operator and the Regional Administrator do not agree on whether a
distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam
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stripping operation manages a hazardous waste with organic concentrations of at least 10
ppmw based on knowledge of the waste, the dispute may be resolved using direct
measurement as specified at paragraph (d)(l) of this section.
§265.1035: Recordkeeping requirements.
(a)(l) Each owner or operator subject to the provisions of this subpart shall comply with
the recordkeeping requirements of this section.
(2) An owner or operator of more than one hazardous waste management unit subject to
the provisions of this subpart may comply with the recordkeeping requirements for these
hazardous waste management units in one recordkeeping system if the system identifies
each record by each hazardous waste management unit.
(b) Owners and operators must record the following information in the facility operating
record:
(1) For facilities that comply with the provisions of Sec. 265.1033(a)(2), an
implementation schedule that includes dates by which the closed-vent system and control
device will be installed and in operation. The schedule must also include a rationale of
why the installation cannot be completed at an earlier date. The implementation schedule
must be in the facility operating record by the effective date that the facility becomes
subject to the provisions of this subpart.
(2) Up-to-date documentation of compliance with the process vent standards in Sec.
265.1032. including:
(i) Information and data identifying all affected process vents, annual throughput and
operating hours of each affected unit, estimated emission rates for each affected vent and
for the overall facility (i.e., the total emissions for all affected vents at the facility), and
the approximate location within the facility of each affected unit (e.g., identify the
hazardous waste management units on a facility plot plan); and
(ii) Information and data supporting determinations of vent emissions and emission
reductions achieved by add-on control devices based on engineering calculations or
source tests. For the purpose of determining compliance, determinations of vent
emissions and emission reductions must be made using operating parameter values (e.g.,
temperatures, flow rates or vent stream organic compounds and concentrations) that
represent the conditions that result in maximum organic emissions, such as when the
waste management unit is operating at the highest load or capacity level reasonably
expected to occur. If the owner or operator takes any action (e.g., managing a waste of
different composition or increasing operating hours of affected waste management units)
that would result in an increase in total organic emissions from affected process vents at
the facility, then a new determination is required.
(3) Where an owner or operator chooses to use test data to determine the organic removal
efficiency or total organic compound concentration achieved by the control device, a
performance test plan. The test plan must include:
(i) A description of how it is determined that the planned test is going to be conducted
when the hazardous waste management unit is operating at the highest load or capacity
level reasonably expected to occur. This shall include the estimated or design flow rate
and organic content of each vent stream and define the acceptable operating ranges
of key process and control device parameters during the test program.
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(ii) A detailed engineering description of the closed-vent system and control device
including:
(A) Manufacturer's name and model number of control device.
(B) Type of control device.
(C) Dimensions of the control device.
(D) Capacity.
(E) Construction materials.
(iii) A detailed description of sampling and monitoring procedures, including sampling
and monitoring locations in the system, the equipment to be used, sampling and
monitoring frequency, and planned analytical procedures for sample analysis.
(4) Documentation of compliance with Sec. 265.1033 shall include the following
information:
(i) A list of all information references and sources used in preparing the documentation.
(ii) Records, including the dates, of each compliance test required by Sec. 265.1033(j).
(iii) If engineering calculations are used, a design analysis, specifications, drawings,
schematics, and piping and instrumentation diagrams based on the appropriate sections of
" APTI Course 415: Control of Gaseous Emissions" (incorporated by reference as
specified in Sec. 260.11) or other engineering texts acceptable to the Regional
Administrator that present basic control device design information. Documentation
provided by the control device manufacturer or vendor that describes the control device
design in accordance with paragraphs (b)(4)(iii)(A) through (b)(4)(iii)(G) of this section
may be used to comply with this requirement. The design analysis shall address the vent
stream characteristics and control device operation parameters as specified below.
(A) For a thermal vapor incinerator, the design analysis shall consider the vent stream
composition, constituent concentrations, and flow rate. The design analysis shall also
establish the design minimum and average temperature in the combustion zone and the
combustion zone residence time.
(B) For a catalytic vapor incinerator, the design analysis shall consider the vent stream
composition, constituent concentrations, and flow rate. The design analysis shall also
establish the design minimum and average temperatures across the catalyst bed inlet and
outlet.
(C) For a boiler or process heater, the design analysis shall consider the vent stream
composition, constituent concentrations, and flow rate. The design analysis shall also
establish the design minimum and average flame zone temperatures, combustion zone
residence time, and description of method and location where the vent stream is
introduced into the combustion zone.
(D) For a flare, the design analysis shall consider the vent stream composition,
constituent concentrations, and flow rate. The design analysis shall also consider the
requirements specified in Sec. 265.1033(d).
(E) For a condenser, the design analysis shall consider the vent stream composition,
constituent concentrations, flow rate, relative humidity, and temperature. The design
analysis shall also establish the design outlet organic compound concentration level,
design average temperature of the condenser exhaust vent stream, and design average
temperatures of the coolant fluid at the condenser inlet and outlet.
(F) For a carbon adsorption system such as a fixed-bed adsorber that regenerates the
carbon bed directly onsite in the control device, the design analysis shall consider the
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vent stream composition, constituent concentrations, flow rate, relative humidity, and
temperature. The design analysis shall also establish the design exhaust vent stream
organic compound concentration level, number and capacity of carbon beds, type and
working capacity of activated carbon used for carbon beds, design total steam flow over
the period of each complete carbon bed regeneration cycle, duration of the carbon bed
steaming and cooling/drying cycles, design carbon bed temperature after regeneration,
design carbon bed regeneration time, and design service life of carbon.
(G) For a carbon adsorption system such as a carbon canister that does not regenerate the
carbon bed directly onsite in the control device, the design analysis shall consider the
vent stream composition, constituent concentrations, flow rate, relative humidity, and
temperature. The design analysis shall also establish the design outlet organic
concentration level, capacity of carbon bed, type and working capacity of activated
carbon used for carbon bed, and design carbon replacement interval based on the total
carbon working capacity of the control device and source operating schedule.
(iv) A statement signed and dated by the owner or operator certifying that the operating
parameters used in the design analysis reasonably represent the conditions that exist when
the hazardous waste management unit is or would be operating at the highest load or
capacity level reasonably expected to occur.
(v) A statement signed and dated by the owner or operator certifying that the control
device is designed to operate at an efficiency of 95 percent or greater unless the total
organic concentration limit of Sec. 265.1032(a) is achieved at an efficiency less than 95
weight percent or the total organic emission limits of Sec. 265.1032(a) for affected
process vents at the facility can be attained by a control device involving vapor recovery
at an efficiency less than 95 weight percent. A statement provided by the control device
manufacturer or vendor certifying that the control equipment meets the design
specifications may be used to comply with this requirement.
(vi) If performance tests are used to demonstrate compliance, all test results.
(c) Design documentation and monitoring, operating, and inspection information for each
closed-vent system and control device required to comply with the provisions of this part
shall be recorded and kept up-to-date in the facility operating record. The information
shall include:
(1) Description and date of each modification that is made to the closed-vent system or
control device design.
(2) Identification of operating parameter, description of monitoring device, and diagram
of monitoring sensor location or locations used to comply with Sec. 265.1033(f)(l) and
(3) Monitoring, operating and inspection information required by paragraphs (f) through
(k) of Sec. 265.1033 of this subpart.
(4) Date, time, and duration of each period that occurs while the control device is
operating when any monitored parameter exceeds the value established in the control
device design analysis as specified below:
(i) For a thermal vapor incinerator designed to operate with a minimum residence time of
0.50 seconds at a minimum temperature of 760 [deg]C, period when the combustion
temperature is below 760 [deg]C.
(ii) For a thermal vapor incinerator designed to operate with an organic emission
reduction efficiency of 95 percent or greater, period when the combustion zone
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temperature is more than 28 [deg]C below the design average combustion zone
temperature established as a requirement of paragraph (b)(4)(iii)(A) of this section.
(iii) For a catalytic vapor incinerator, period when:
(A) Temperature of the vent stream at the catalyst bed inlet is more than 28 [deg]C below
the average temperature of the inlet vent stream established as a requirement of paragraph
(b)(4)(iii)(B) of this section; or
(B) Temperature difference across the catalyst bed is less than 80 percent of the design
average temperature difference established as a requirement of paragraph (b)(4)(iii)(B) of
this section.
(iv) For a boiler or process heater, period when:
(A) Flame zone temperature is more than 28 [deg]C below the design average flame zone
temperature established as a requirement of paragraph (b)(4)(iii)(C) of this section; or
(B) Position changes where the vent stream is introduced to the combustion zone from
the location established as a requirement of paragraph (b)(4)(iii)(C) of this section.
(v) For a flare, period when the pilot flame is not ignited.
(vi) For a condenser that complies with Sec. 265.1033(f)(2)(vi)(A), period when the
organic compound concentration level or readings of organic compounds in the exhaust
vent stream from the condenser are more than 20 percent greater than the design outlet
organic compound concentration level established as a requirement of paragraph
(b)(4)(iii)(E) of this section.
(vii) For a condenser that complies with Sec. 265JI)33_(f)(2)(vi)(B), period when:
(A) Temperature of the exhaust vent stream from the condenser is more than 6 [deg]C
above the design average exhaust vent stream temperature established as a requirement of
paragraph (b)(4)(iii)(E) of this section; or
(B) Temperature of the coolant fluid exiting the condenser is more than 6 [deg]C above
the design average coolant fluid temperature at the condenser outlet established as a
requirement of paragraph (b)(4)(iii)(E) of this section.
(viii) For a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates
the carbon bed directly onsite in the control device and complies with Sec.
265.1033(f)(2)(vii)(A), period when the organic compound concentration level or
readings of organic compounds in the exhaust vent stream from the carbon bed are more
than 20 percent greater than the design exhaust vent stream organic compound
concentration level established as a requirement of paragraph (b)(4)(iii)(F) of this section.
(ix) For a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates
the carbon bed directly onsite in the control device and complies with Sec.
265.1033(f)(2)(vii)(B), period when the vent stream continues to flow through the control
device beyond the predetermined carbon bed regeneration time established as a
requirement of paragraph (b)(4)(iii)(F) of this section.
(5) Explanation for each period recorded under paragraph (c)(4) of this section of the
cause for control device operating parameter exceeding the design value and the
measures implemented to correct the control device operation.
(6) For carbon adsorption systems operated subject to requirements specified in Sec.
265.1033(g) or Sec. 265.1033(h)(2), date when existing carbon in the control device is
replaced with fresh carbon.
(7) For carbon adsorption systems operated subject to requirements specified in Sec.
2651033(h)(l), a log that records:
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(i) Date and time when control device is monitored for carbon breakthrough and the
monitoring device reading.
(ii) Date when existing carbon in the control device is replaced with fresh carbon.
(8) Date of each control device startup and shutdown.
(9) An owner or operator designating any components of a closed-vent system as unsafe
to monitor pursuant to Sec. 265.103 3 (n) of this subpart shall record in a log that is kept in
the facility operating record the identification of closed-vent system components that are
designated as unsafe to monitor in accordance with the requirements of Sec. 265.1033(n)
of this subpart, an explanation for each closed-vent system component stating why the
closed-vent system component is unsafe to monitor, and the plan for monitoring each
closed-vent system component.
(10) When each leak is detected as specified in Sec. 265.103 3 (k) of this subpart, the
following information shall be recorded:
(i) The instrument identification number, the closed-vent system component
identification number, and the operator name, initials, or identification number.
(ii) The date the leak was detected and the date of first attempt to repair the leak.
(iii) The date of successful repair of the leak.
(iv) Maximum instrument reading measured by Method 21 of 40 CFR part 60, appendix
A after it is successfully repaired or determined to be nonrepairable.
(v) "Repair delayed" and the reason for the delay if a leak is not repaired within 15
calendar days after discovery of the leak.
(A) The owner or operator may develop a written procedure that identifies the conditions
that justify a delay of repair. In such cases, reasons for delay of repair may be
documented by citing the relevant sections of the written procedure.
(B) If delay of repair was caused by depletion of stocked parts, there must be
documentation that the spare parts were sufficiently stocked on-site before depletion and
the reason for depletion.
(d) Records of the monitoring, operating, and inspection information required by
paragraphs (c)(3) through (c)(10) of this section shall be maintained by the owner or
operator for at least 3 years following the date of each occurrence, measurement,
maintenance, corrective action, or record.
(e) 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 record.
(f) Up-to-date information and data used to determine whether or not a process vent is
subject to the requirements in Sec. 265.1032 including supporting documentation as
required by Sec. 265.1034(d)(2) when application of the knowledge of the nature of the
hazardous waste stream or the process by which it was produced is used, shall be
recorded in a log that is kept in the facility operating record.
[55 FR 25507, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991;
61FR 59970, Nov. 25, 1996]
§265.1036-265.1049: [Reserved]
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Subpart BB: Air Emission Standards for Equipment Leaks
§265.1050: Applicability.
Source: 55 FR 25512, June 21, 1990, unless otherwise noted.
(a) The regulations in this subpart apply to owners and operators of facilities that treat,
store, or dispose of hazardous wastes (except as provided in Sec. 265.1).
(b) Except as provided in Sec. 265.1064(k), this subpart applies to equipment that
contains or contacts hazardous wastes with organic concentrations of at least 10 percent
by weight that are managed in one of the following:
(1) A unit that is subject to the permitting requirements of 40 CFR part 270, or
(2) A unit (including a hazardous waste recycling unit) that is not exempt from permitting
under the provisions of 40 CFR 262.34(a) (i.e., a hazardous waste recycling unit that is
not a 90-day tank or container) and that is located at a hazardous waste management
facility otherwise subject to the permitting requirements of 40 CFR part 270, or
(3) A unit that is exempt from permitting under the provisions of 40 CFR 262.34(a) (i.e.,
a "90-day" tank or container) and is not a recycling unit under the provisions of 40 CFR
261.6.
(c) Each piece of equipment to which this subpart applies shall be marked in such a
manner that it can be distinguished readily from other pieces of equipment.
(d) Equipment that is in vacuum service is excluded from the requirements of Sec.
265.1052 to Sec. 265.1060 if it is identified as required in Sec. 265.1064(g)(5).
(e) Equipment that contains or contacts hazardous waste with an organic concentration of
at least 10 percent by weight for less than 300 hours per calendar year is excluded from
the requirements of Sec. Sec. 265.1052 through 265.1060 of this subpart if it is identified,
as required in Sec. 265.1064(g)(6) of this subpart.
(f) The requirements of this subpart do not apply to the pharmaceutical manufacturing
facility, commonly referred to as the Stonewall Plant, located at Route 340 South, Elkton,
Virginia, provided that facility is operated in compliance with the requirements contained
in a Clean Air Act permit issued pursuant to 40 CFR 52.2454. The requirements of this
subpart shall apply to the facility upon termination of the Clean Air Act permit issued
pursuant to 40 CFR 52.2454.
(g) Purged coatings and solvents from surface coating operations subject to the national
emission standards for hazardous air pollutants (NESHAP) for the surface coating of
automobiles and light-duty trucks at 40 CFR part 63, subpart IIII, are not subject to the
requirements of this subpart.
[Note: The requirements of Sec. Sec. 265.1052 through 265.1064 apply to equipment
associated with hazardous waste recycling units previously exempt under paragraph
26L6(c)(l). Other exemptions under Sec. Sec. 261.4 and 265. l(c) are not affected by
these requirements.]
[55 FR 25512, June 21, 1990, as amended at 61 FR 59970, Nov. 25, 1996; 62 FR 52642,
Oct. 8, 1997; 62 FR 64661, Dec. 8, 1997; 69 FR 22661, Apr. 26, 2004]
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§265.1051: Definitions.
As used in this subpart, all terms shall have the meaning given them in Sec. 264.1031,
the Act, and parts 260-266.
§265.1052: Standards: Pumps in light liquid service.
(a)(l) Each pump in light liquid service shall be monitored monthly to detect leaks by the
methods specified in Sec. 265.1063(b), except as provided in paragraphs (d), (e), and (f)
of this section.
(2) Each pump in light liquid service shall be checked by visual inspection each calendar
week for indications of liquids dripping from the pump seal.
(b)(l) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.
(2) If there are indications of liquids dripping from the pump seal, a leak is detected.
(c)(l) When a leak is detected, it shall be repaired as soon as practicable, but not later
than 15 calendar days after it is detected, except as provided in Sec. 265.1059.
(2) A first attempt at repair (e.g., tightening the packing gland) shall be made no later
than 5 calendar days after each leak is detected.
(d) Each pump equipped with a dual mechanical seal system that includes a barrier fluid
system is exempt from the requirements of paragraph (a), provided the following
requirements are met:
(1) Each dual mechanical seal system must be:
(i) Operated with the barrier fluid at a pressure that is at all times greater than the pump
stuffing box pressure, or
(ii) Equipped with a barrier fluid degassing reservoir that is connected by a closed-vent
system to a control device that complies with the requirements of Sec. 265.1060, or
(iii) Equipped with a system that purges the barrier fluid into a hazardous waste stream
with no detectable emissions to the atmosphere.
(2) The barrier fluid system must not be a hazardous waste with organic concentrations
10 percent or greater by weight.
(3) Each barrier fluid system must be equipped with a sensor that will detect failure of the
seal system, the barrier fluid system or both.
(4) Each pump must be checked by visual inspection, each calendar week, for indications
of liquids dripping from the pump seals.
(5)(i) Each sensor as described in paragraph (d)(3) of this section must be checked daily
or be equipped with an audible alarm that must be checked monthly to ensure that it is
functioning properly.
(ii) The owner or operator must determine, based on design considerations and operating
experience, a criterion that indicates failure of the seal system, the barrier fluid system, or
both.
(6)(i) If there are indications of liquids dripping from the pump seal or the sensor
indicates failure of the seal system, the barrier fluid system, or both based on the criterion
determined in paragraph (d)(5)(ii) of this section, a leak is detected.
(ii) When a leak is detected, it shall be repaired as soon as practicable, but not later than
15 calendar days after it is detected, except as provided in Sec. 265.1059.
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(iii) A first attempt at repair (e.g., relapping the seal) shall be made no later than 5
calendar days after each leak is detected.
(e) Any pump that is designated, as described in Sec. 265.1064(g)(2), for no detectable
emissions, as indicated by an instrument reading of less than 500 ppm above background,
is exempt from the requirements of paragraphs (a), (c), and (d) of this section if the pump
meets the following requirements:
(1) Must have no externally actuated shaft penetrating the pump housing.
(2) Must operate with no detectable emissions as indicated by an instrument reading of
less than 500 ppm above background as measured by the methods specified in Sec.
265.1063(c).
(3) Must be tested for compliance with paragraph (e)(2) of this section initially upon
designation, annually, and at other times as requested by the Regional Administrator.
(f) If any pump is equipped with a closed-vent system capable of capturing and
transporting any leakage from the seal or seals to a control device that complies with the
requirements of Sec. 265.1060, it is exempt from the requirements of paragraphs (a)
through (e) of this section.
[55 FR 25512, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991]
§. 265.1053: Standards: Compressors.
(a) Each compressor shall be equipped with a seal system that includes a barrier fluid
system and that prevents leakage of total organic emissions to the atmosphere, except as
provided in paragraphs (h) and (i) of this section.
(b) Each compressor seal system as required in paragraph (a) of this section shall be:
(1) Operated with the barrier fluid at a pressure that is at all times greater than the
compressor stuffing box pressure, or
(2) Equipped with a barrier fluid system that is connected by a closed-vent system to a
control device that complies with the requirements of Sec. 265.1060, or
(3) Equipped with a system that purges the barrier fluid into a hazardous waste stream
with no detectable emissions to atmosphere.
(c) The barrier fluid must not be a hazardous waste with organic concentrations 10
percent or greater by weight.
(d) Each barrier fluid system as described in paragraphs (a) through (c) of this section
shall be equipped with a sensor that will detect failure of the seal system, barrier fluid
system, or both.
(e)(l) Each sensor as required in paragraph (d) of this section shall be checked daily or
shall be equipped with an audible alarm that must be checked monthly to ensure that it is
functioning properly unless the compressor is located within the boundary of an
unmanned plant site, in which case the sensor must be checked daily.
(2) The owner or operator shall determine, based on design considerations and operating
experience, a criterion that indicates failure of the seal system, the barrier fluid system or
both.
(f) If the sensor indicates failure of the seal system, the barrier fluid system, or both based
on the criterion determined under paragraph (e)(2) of this section, a leak is detected.
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(g)(l) When a leak is detected, it shall be repaired as soon as practicable, but not later
than 15 calendar days after it is detected, except as provided in Sec. 265.1059.
(2) A first attempt at repair (e.g., tightening the packing gland) shall be made no later
than 5 calendar days after each leak is detected.
(h) A compressor is exempt from the requirements of paragraphs (a) and (b) of this
section if it is equipped with a closed-vent system capable of capturing and transporting
any leakage from the seal to a control device that complies with the requirements of Sec.
265.1060, except as provided in paragraph (i) of this section.
(i) Any compressor that is designated, as described in Sec. 265.1064(g)(2), for no
detectable emission as indicated by an instrument reading of less than 500 ppm above
background is exempt from the requirements of paragraphs (a) through (h) of this section
if the compressor:
(1) Is determined to be operating with no detectable emissions, as indicated by an
instrument reading of less than 500 ppm above background, as measured by the method
specified in Sec. 265.1063(c).
(2) Is tested for compliance with paragraph (i)(l) of this section initially upon
designation, annually, and at other times as requested by the Regional Administrator.
§265.1054: Standards: Pressure relief devices in gas/vapor service.
(a) Except during pressure releases, each pressure relief device in gas/vapor service shall
be operated with no detectable emissions, as indicated by an instrument reading of less
than 500 ppm above background, as measured by the method specified in Sec.
265.1063(c).
(b)(l) After each pressure release, the pressure relief device shall be returned to a
condition of no detectable emissions, as indicated by an instrument reading of less than
500 ppm above background, as soon as practicable, but no later than 5 calendar days after
each pressure release, except as provided in Sec. 265.1059.
(2) No later than 5 calendar days after the pressure release, the pressure relief device shall
be monitored to confirm the condition of no detectable emissions, as indicated by an
instrument reading of less than 500 ppm above background, as measured by the method
specified in Sec. 265.1063(c).
(c) Any pressure relief device that is equipped with a closed-vent system capable of
capturing and transporting leakage from the pressure relief device to a control device as
described in Sec. 265.1060 is exempt from the requirements of paragraphs (a) and (b) of
this section.
§265.1055: Standards: Sampling connection systems.
(a) Each sampling connection system shall be equipped with a closed-purge, closed-loop,
or closed-vent system. This system shall collect the sample purge for return to the process
or for routing to the appropriate treatment system. Gases displaced during filling of the
sample container are not required to be collected or captured.
(b) Each closed-purge, closed-loop, or closed-vent system as required in paragraph (a) of
this section shall:
(1) Return the purged process fluid directly to the process line; or
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(2) Collect and recycle the purged process fluid; or
(3) Be designed and operated to capture and transport all the purged process fluid to a
waste management unit that complies with the applicable requirements of Sec. 265.1085
through Sec. 265.1087 of this subpart or a control device that complies with the
requirements of Sec. 265.1060 of this subpart.
(c) In-situ sampling systems and sampling systems without purges are exempt from the
requirements of paragraphs (a) and (b) of this section.
[61FR 59971, Nov. 25, 1996]
§265.1056: Standards: Open-ended valves or lines.
(a)(l) Each open-ended valve or line shall be equipped with a cap, blind flange, plug, or a
second valve.
(2) The cap, blind flange, plug, or second valve shall seal the open end at all times except
during operations requiring hazardous waste stream flow through the open-ended valve
or line.
(b) Each open-ended valve or line equipped with a second valve shall be operated in a
manner such that the valve on the hazardous waste stream end is closed before the second
valve is closed.
(c) When a double block and bleed system is being used, the bleed valve or line may
remain open during operations that require venting the line between the block valves but
shall comply with paragraph (a) of this section at all other times.
§265.1057: Standards: Valves in gas/vapor service or in light liquid service.
(a) Each valve in gas/vapor or light liquid service shall be monitored monthly to detect
leaks by the methods specified in Sec. 265.1063(b) and shall comply with paragraphs (b)
through (e) of this section, except as provided in paragraphs (f), (g), and (h) of this
section, and Sec. Sec. 265.1061 and 265.1062.
(b) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.
(c)(l) Any valve for which a leak is not detected for two successive months may be
monitored the first month of every succeeding quarter, beginning with the next quarter,
until a leak is detected.
(2) If a leak is detected, the valve shall be monitored monthly until a leak is not detected
for 2 successive months.
(d)(l) When a leak is detected, it shall be repaired as soon as practicable, but no later than
15 calendar days after the leak is detected, except as provided in Sec. 265.1059.
(2) A first attempt at repair shall be made no later than 5 calendar days after each leak is
detected.
(e) First attempts at repair include, but are not limited to, the following best practices
where practicable:
(1) Tightening of bonnet bolts.
(2) Replacement of bonnet bolts.
(3) Tightening of packing gland nuts.
(4) Injection of lubricant into lubricated packing.
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(f) Any valve that is designated, as described in Sec. 265.1064(g)(2), for no detectable
emissions, as indicated by an instrument reading of less than 500 ppm above background,
is exempt from the requirements of paragraph (a) of this section if the valve:
(1) Has no external actuating mechanism in contact with the hazardous waste stream.
(2) Is operated with emissions less than 500 ppm above background as determined by the
method specified in Sec. 265.1063(c).
(3) Is tested for compliance with paragraph (f)(2) of this section initially upon
designation, annually, and at other times as requested by the Regional Administrator.
(g) Any valve that is designated, as described in Sec. 265.1064(h)(l), as an unsafe-to-
monitor valve is exempt from the requirements of paragraph (a) of this section if:
(1) The owner or operator of the valve determines that the valve is unsafe to monitor
because monitoring personnel would be exposed to an immediate danger as a
consequence of complying with paragraph (a) of this section.
(2) The owner or operator of the valve adheres to a written plan that requires monitoring
of the valve as frequently as practicable during safe-to-monitor times.
(h) Any valve that is designated, as described in Sec. 265.1064(h)(2), as a difficult-to-
monitor valve is exempt from the requirements of paragraph (a) of this section if:
(1) The owner or operator of the valve determines that the valve cannot be monitored
without elevating the monitoring personnel more than 2 meters above a support surface.
(2) The hazardous waste management unit within which the valve is located was in
operation before June 21, 1990.
(3) The owner or operator of the valve follows a written plan that requires monitoring of
the valve at least once per calendar year.
§265.1058: Standards: Pumps and valves in heavy liquid service, pressure relief
devices in light liquid or heavy liquid service, and flanges and other connectors.
(a) Pumps and valves in heavy liquid service, pressure relief devices in light liquid or
heavy liquid service, and flanges and other connectors shall be monitored within 5 days
by the method specified in Sec. 265.1063(b) if evidence of a potential leak is found by
visual, audible, olfactory, or any other detection method.
(b) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.
(c)(l) When a leak is detected, it shall be repaired as soon as practicable, but not later
than 15 calendar days after it is detected, except as provided in Sec. 265.1059.
(2) The first attempt at repair shall be made no later than 5 calendar days after each leak
is detected.
(d) First attempts at repair include, but are not limited to, the best practices described
under Sec. 265.1057(e).
(e) Any connector that is inaccessible or is ceramic or ceramic-lined (e.g., porcelain,
glass, or glass-lined) is exempt from the monitoring requirements of paragraph (a) of this
section and from the recordkeeping requirements of Sec. 265.1064 of this subpart.
[55 FR25512, June 21, 1990, as amended at 61 FR 59971, Nov. 25, 1996]
§265.1059: Standards: Delay of repair.
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(a) Delay of repair of equipment for which leaks have been detected will be allowed if the
repair is technically infeasible without a hazardous waste management unit shutdown. In
such a case, repair of this equipment shall occur before the end of the next hazardous
waste management unit shutdown.
(b) Delay of repair of equipment for which leaks have been detected will be allowed for
equipment that is isolated from the hazardous waste management unit and that does not
continue to contain or contact hazardous waste with organic concentrations at least 10
percent by weight.
(c) Delay of repair for valves will be allowed if:
(1) The owner or operator determines that emissions of purged material resulting from
immediate repair are greater than the emissions likely to result from delay of repair.
(2) When repair procedures are effected, the purged material is collected and destroyed or
recovered in a control device complying with Sec. 265.1060.
(d) Delay of repair for pumps will be allowed if:
(1) Repair requires the use of a dual mechanical seal system that includes a barrier fluid
system.
(2) Repair is completed as soon as practicable, but not later than 6 months after the leak
was detected.
(e) Delay of repair beyond a hazardous waste management unit shutdown will be allowed
for a valve if valve assembly replacement is necessary during the hazardous waste
management unit shutdown, valve assembly supplies have been depleted, and valve
assembly supplies had been sufficiently stocked before the supplies were depleted. Delay
of repair beyond the next hazardous waste management unit shutdown will not be
allowed unless the next hazardous waste management unit shutdown occurs sooner than 6
months after the first hazardous waste management unit shutdown.
§265.1060: Standards: Closed-vent systems and control devices.
(a) Owners and operators of closed-vent systems and control devices subject to this
subpart shall comply with the provisions of Sec. 265.1033 of this part.
(b)(l) The owner or operator of an existing facility who can not install a closed-vent
system and control device to comply with the provisions of this subpart on the effective
date that the facility becomes subject to the provisions of this subpart must prepare an
implementation schedule that includes dates by which the closed-vent system and control
device will be installed and in operation. The controls must be installed as soon as
possible, but the implementation schedule may allow up to 30 months after the effective
date that the facility becomes subject to this subpart for installation and startup.
(2) Any units that begin operation after December 21, 1990, and are subject to the
provisions of this subpart when operation begins, must comply with the rules
immediately (i.e., must have control devices installed and operating on startup of the
affected unit); the 30-month implementation schedule does not apply.
(3) The owner or operator of any facility in existence on the effective date of a statutory
or EPA regulatory amendment that renders the facility subject to this subpart shall
comply with all requirements of this subpart as soon as practicable but no later than 30
months after the amendment's effective date. When control equipment required by this
subpart can not be installed and begin operation by the effective date of the amendment,
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the facility owner or operator shall prepare an implementation schedule that includes the
following information: Specific calendar dates for award of contracts or issuance of
purchase orders for the control equipment, initiation of on-site installation of the control
equipment, completion of the control equipment installation, and performance of any
testing to demonstrate that the installed equipment meets the applicable standards of this
subpart. The owner or operator shall enter the implementation schedule in the operating
record or in a permanent, readily available file located at the facility.
(4) Owners and operators of facilities and units that become newly subject to the
requirements of this subpart after December 8, 1997 due to an action other than those
described in paragraph (b)(3) of this section must comply with all applicable
requirements immediately (i.e., must have control devices installed and operating on the
date the facility or unit becomes subject to this subpart; the 30-month implementation
schedule does not apply).
[62 FR 64662, Dec. 8, 1997]
§265.1061: Alternative standards for valves in gas/vapor service or in light liquid
service: percentage of valves allowed to leak.
(a) An owner or operator subject to the requirements of Sec. 265.1057 may elect to have
all valves within a hazardous waste management unit comply with an alternative standard
which allows no greater than 2 percent of the valves to leak.
(b) The following requirements shall be met if an owner or operator decides to comply
with the alternative standard of allowing 2 percent of valves to leak:
(1) A performance test as specified in paragraph (c) of this section shall be conducted
initially upon designation, annually, and at other times requested by the Regional
Administrator.
(2) If a valve leak is detected, it shall be repaired in accordance with Sec. 265.1057 (d)
and (e).
(c) Performance tests shall be conducted in the following manner:
(1) All valves subject to the requirements in Sec. 265.1057 within the hazardous waste
management unit shall be monitored within 1 week by the methods specified in Sec.
265.1063(b).
(2) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.
(3) The leak percentage shall be determined by dividing the number of valves subject to
the requirements in Sec. 265.1057 for which leaks are detected by the total number of
valves subject to the requirements in Sec. 265.1057 within the hazardous waste
management unit.
[55 FR 25512, June 21, 1990, as amended at 71 FR 16912, Apr. 4, 2006]
§265.1062: Alternative standards for valves in gas/vapor service or in light liquid
service: skip period leak detection and repair.
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(a)An owner or operator subject to the requirements of Sec. 265.1057 may elect for all
valves within a hazardous waste management unit to comply with one of the alternative
work practices specified in paragraphs (b) (2) and (3) of this section.
(b)(l) An owner or operator shall comply with the requirements for valves, as described
in Sec. 265.1057, except as described in paragraphs (b)(2) and (b)(3) of this section.
(2) After two consecutive quarterly leak detection periods with the percentage of valves
leaking equal to or less than 2 percent, an owner or operator may begin to skip one of the
quarterly leak detection periods (i.e., monitor for leaks once every six months) for the
valves subject to the requirements in Sec. 265.1057 of this subpart.
(3) After five consecutive quarterly leak detection periods with the percentage of valves
leaking equal to or less than 2 percent, an owner or operator may begin to skip three of
the quarterly leak detection periods (i.e., monitor for leaks once every year) for the valves
subject to the requirements in Sec. 265.1057 of this subpart.
(4) If the percentage of valves leaking is greater than 2 percent, the owner or operators
shall monitor monthly in compliance with the requirements in Sec. 265.1057, but may
again elect to use this section after meeting the requirements of Sec. 265.1057(c)(l).
[55 FR 25512, June 21, 1990, as amended at 62 FR 64662, Dec. 8, 1997; 71 FR 16912,
Apr. 4, 2006]
§265.1063: Test methods and procedures.
(a) Each owner or operator subject to the provisions of this subpart shall comply with the
test methods and procedures requirements provided in this section.
(b) Leak detection monitoring, as required in Sec. Sec. 265.1052 through 265.1062, shall
comply with the following requirements:
(1) Monitoring shall comply with Reference Method 21 in 40 CFR part 60.
(2) The detection instrument shall meet the performance criteria of Reference Method 21.
(3) The instrument shall be calibrated before use on each day of its use by the procedures
specified in Reference Method 21.
(4) Calibration gases shall be:
(i) Zero air (less than 10 ppm of hydrocarbon in air).
(ii) A mixture of methane or n-hexane and air at a concentration of approximately, but
less than, 10,000 ppm methane or n-hexane.
(5) The instrument probe shall be traversed around all potential leak interfaces as close to
the interface as possible as described in Reference Method 21.
(c) When equipment is tested for compliance with no detectable emissions, as required in
Sec. Sec. 265.1052(e), 265.1053(0, 265.1054, and 265.1057ffl, the test shall comply with
the following requirements:
(1) The requirements of paragraphs (b) (1) through (4) of this section shall apply.
(2) The background level shall be determined, as set forth in Reference Method 21.
(3) The instrument probe shall be traversed around all potential leak in ter faces as close
to the interface as possible as described in Reference Method 21.
(4) The arithmetic difference between the maximum concentration indicated by the
instrument and the background level is compared with 500 ppm for determining
compliance.
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(d) In accordance with the waste analysis plan required by Sec. 265. 1 3 (b), an owner or
operator of a facility must determine, for each piece of equipment, whether the equipment
contains or contacts a hazardous waste with organic concentration that equals or exceeds
10 percent by weight using the following:
(1) Methods described in ASTM Methods D 2267-88, E 169-87, E 168-88, E 260-85
(incorporated by reference under Sec. 260.11):
(2) Method 9060 A (incorporated by reference under Sec. 260.11 of this chapter) of "Test
Methods for Evaluating Solid Waste," EPA Publication SW-846 or analyzed for its
individual organic constituents; or
(3) Application of the knowledge of the nature of the hazardous waste stream or the
process by which it was produced. Documentation of a waste determination by
knowledge is required. Examples of documentation that shall be used to support a
determination under this provision include production process information documenting
that no organic compounds are used, information that the waste is generated by a process
that is identical to a process at the same or another facility that has previously been
demonstrated by direct measurement to have a total organic content less than 10 percent,
or prior speciation analysis results on the same waste stream where it can also be
documented that no process changes have occurred since that analysis that could affect
the waste total organic concentration.
(e) If an owner or operator determines that a piece of equipment contains or contacts a
hazardous waste with organic concentrations at least 10 percent by weight, the
determination can be revised only after following the procedures in paragraph (d)(l) or
(d)(2) of this section.
(f) When an owner or operator and the Regional Administrator do not agree on whether a
piece of equipment contains or contacts a hazardous waste with organic concentrations at
least 10 percent by weight, the procedures in paragraph (d)(l) or (d)(2) of this section can
be used to resolve the dispute.
(g) Samples used in determining the percent organic content shall be representative of the
highest total organic content hazardous waste that is expected to be contained in or
contact the equipment.
(h) To determine if pumps or valves are in light liquid service, the vapor pressures of
constituents may be obtained from standard reference texts or may be determined by
ASTM D-2879-86 (incorporated by reference under Sec. 260.11).
(i) Performance tests to determine if a control device achieves 95 weight percent organic
emission reduction shall comply with the procedures of Sec. 265.1034 (c)(l) through
[55 FR 255 12, June 21, 1990, as amended at 62 FR 32463, June 13, 1997]
§265.1064: Recordkeeping requirements.
(a)(l) Each owner or operator subject to the provisions of this subpart shall comply with
the recordkeeping requirements of this section.
(2) An owner or operator of more than one hazardous waste management unit subject to
the provisions of this subpart may comply with the recordkeeping requirements for these
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hazardous waste management units in one recordkeeping system if the system identifies
each record by each hazardous waste management unit.
(b) Owners and operators must record the following information in the facility operating
record:
(1) For each piece of equipment to which subpart BB of part 265 applies:
(i) Equipment identification number and hazardous waste management unit identification.
(ii) Approximate locations within the facility (e.g., identify the hazardous waste
management unit on a facility plot plan).
(iii) Type of equipment (e.g., a pump or pipeline valve).
(iv) Percent-by-weight total organics in the hazardous waste stream at the equipment.
(v) Hazardous waste state at the equipment (e.g., gas/vapor or liquid).
(vi) Method of compliance with the standard (e.g., "monthly leak detection and repair" or
"equipped with dual mechanical seals").
(2) For facilities that comply with the provisions of Sec. 265.1033(a)(2), an
implementation schedule as specified in Sec. 265.1033(a)(2).
(3) Where an owner or operator chooses to use test data to demonstrate the organic
removal efficiency or total organic compound concentration achieved by the control
device, a performance test plan as specified in Sec. 265.1035(b)(3).
(4) Documentation of compliance with Sec. 265.1060, including the detailed design
documentation or performance test results specified in Sec. 265.1035(b)(4).
(c) When each leak is detected as specified in Sec. Sec. 265.1052. 265.1053. 265.1057.
and 265.1058, the following requirements apply:
(1) A weatherproof and readily visible identification, marked with the equipment
identification number, the date evidence of a potential leak was found in accordance with
Sec. 265.1058(a), and the date the leak was detected, shall be attached to the leaking
equipment.
(2) The identification on equipment, except on a valve, may be removed after it has been
repaired.
(3) The identification on a valve may be removed after it has been monitored for 2
successive months as specified in Sec. 265.1057(c) and no leak has been detected during
those 2 months.
(d) When each leak is detected as specified in Sec. Sec. 265.1052. 265.1053. 265.1057.
and 265.1058, the following information shall be recorded in an inspection log and shall
be kept in the facility operating record:
(1) The instrument and operator identification numbers and the equipment identification
number.
(2) The date evidence of a potential leak was found in accordance with Sec. 265.1058(a).
(3) The date the leak was detected and the dates of each attempt to repair the leak.
(4) Repair methods applied in each attempt to repair the leak.
(5) "Above 10,000" if the maximum instrument reading measured by the methods
specified in Sec. 265.1063(b) after each repair attempt is equal to or greater than 10,000
ppm.
(6) "Repair delayed" and the reason for the delay if a leak is not repaired within 15
calendar days after discovery of the leak.
(7) Documentation supporting the delay of repair of a valve in compliance with Sec.
265.1059(c).
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(8) The signature of the owner or operator (or designate) whose decision it was that repair
could not be effected without a hazardous waste management unit shutdown.
(9) The expected date of successful repair of the leak if a leak is not repaired within 15
calendar days.
(10) The date of successful repair of the leak.
(e) Design documentation and monitoring, operating, and inspection information for each
closed-vent system and control device required to comply with the provisions of Sec.
265.1060 shall be recorded and kept up-to-date in the facility operating record as
specified in Sec. 265.1035(c). Design documentation is specified in Sec. 265.1035 (c)(l)
and (c)(2) and monitoring, operating, and inspection information in Sec. 265.1035 (c)(3)-
(f) 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 record.
(g) The following information pertaining to all equipment subject to the requirements in
Sec. Sec. 265.1052 through 265.1060 shall 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 the
requirements of this subpart.
(2)(i) A list of identification numbers for equipment that the owner or operator elects to
designate for no detectable emissions, as indicated by an instrument reading of less than
500 ppm above background, under the provisions of Sec. Sec. 265.1052(e), 265.1053(1),
and 265.1057(a
(ii) The designation of this equipment as subject to the requirements of Sec. Sec.
265.1052(e), 265.1053(0. or 265.1057(f) shall be signed by the owner or operator.
(3) A list of equipment identification numbers for pressure relief devices required to
comply with Sec. 265.1054(a).
(4)(i) The dates of each compliance test required in Sec. Sec. 265.1052(e), 265.1053(i),
265.1054, and 265.1057(f).
(ii) The background level measured during each compliance test.
(iii) The maximum instrument reading measured at the equipment during each
compliance test.
(5) A list of identification numbers for equipment in vacuum service.
(6) Identification, either by list or location (area or group) of equipment that contains or
contacts hazardous waste with an organic concentration of at least 10 percent by weight
for less than 300 hours per calendar year.
(h) The following information pertaining to all valves subject to the requirements of Sec.
265.1057 (g) and (h) shall be recorded in a log that is kept in the facility operating record:
(1) A list of identification numbers for valves that are designated as unsafe to monitor, an
explanation for each valve stating why the valve is unsafe to monitor, and the plan for
monitoring each valve.
(2) A list of identification numbers for valves that are designated as difficult to monitor,
an explanation for each valve stating why the valve is difficult to monitor, and the
planned schedule for monitoring each valve.
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(i) The following information shall be recorded in the facility operating record for valves
complying with Sec. 265.1062:
(1) A schedule of monitoring.
(2) The percent of valves found leaking during each monitoring period.
(j) The following information shall be recorded in a log that is kept in the facility
operating record:
(1) Criteria required in Sec. Sec. 265.1052 (d)(5)(ii) and 2651053(e)(2) and an
explanation of the criteria.
(2) Any changes to these criteria and the reasons for the changes.
(k) The following information shall 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 this subpart and other specific subparts:
(1) An analysis determining the design capacity of the hazardous waste management unit.
(2) A statement listing the hazardous waste influent to and effluent from each hazardous
waste management unit subject to the requirements in Sec. Sec. 265.1052 through
265.1060 and an analysis determining whether these hazardous wastes are heavy liquids.
(3) An up-to-date analysis and the supporting information and data used to determine
whether or not equipment is subject to the requirements in Sec. Sec. 265.1052 through
265.1060. The record shall include supporting documentation as required by Sec.
265.1063(d)(3) when application of the knowledge of the nature of the hazardous waste
stream or the process by which it was produced is used. If the owner or operator takes
any action (e.g., changing the process that produced the waste) that could result in an
increase in the total organic content of the waste contained in or contacted by equipment
determined not to be subject to the requirements in Sec. Sec. 265.1052 through 265.1060,
then a new determination is required.
(1) Records of the equipment leak information required by paragraph (d) of this section
and the operating information required by paragraph (e) of this section need be kept only
3 years.
(m) The owner or operator of any facility with equipment that is subject to this subpart
and to leak detection, monitoring, and repair requirements under regulations at 40 CFR
part 60, part 61, or part 63 may elect to determine compliance with this subpart either by
documentation pursuant to Sec. 265.1064 of this subpart, or by documentation of
compliance with the regulations at 40 CFR part 60, part 61, or part 63 pursuant to the
relevant provisions of the regulations at 40 part 60, part 61, or part 63. The
documentation of compliance under regulation at 40 CFR part 60, part 61, or part 63 shall
be kept with or made readily available with the facility operating record.
[55 FR 25512, June 21, 1990, as amended at 56 FR 19290, Apr. 26, 1991;
61 FR 59971, Nov. 25, 1996; 62 FR 64662, Dec. 8, 1997]
Subpart CC: Air Emission Standards for Tanks, Surface Impoundments, and
Containers
§265.1080: Applicability.
Source: 59 FR 62935, Dec. 6, 1994, unless otherwise noted.
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(a) The requirements of this subpart apply to owners and operators of all facilities that
treat, store, or dispose of hazardous waste in tanks, surface impoundments, or containers
subject to either subpart I, J, or K of this part except as Sec. 265.1 and paragraph (b) of
this section provide otherwise.
(b) The requirements of this subpart do not apply to the following waste management
units at the facility:
(1) A waste management unit that holds hazardous waste placed in the unit before
December 6, 1996, and in which no hazardous waste is added to the unit on or after
December 6, 1996.
(2) A container that has a design capacity less than or equal to 0.1 m\3\.
(3) A tank in which an owner or operator has stopped adding hazardous waste and the
owner or operator has begun implementing or completed closure pursuant to an approved
closure plan.
(4) A surface impoundment in which an owner or operator has stopped adding hazardous
waste (except to implement an approved closure plan) and the owner or operator has
begun implementing or completed closure pursuant to an approved closure plan.
(5) A waste management unit that is used solely for on-site treatment or storage of
hazardous waste that is placed in the unit as a result of implementing remedial activities
required under the corrective action authorities of RCRA sections 3004(u), 3004(v), or
3008(h); CERCLA authorities; or similar Federal or State authorities.
(6) A waste management unit that is used solely for the management of radioactive mixed
waste in accordance with all applicable regulations under the authority of the Atomic
Energy Act and the Nuclear Waste Policy Act.
(7) A hazardous waste management unit that the owner or operator certifies is equipped
with and operating air emission controls in accordance with the requirements of an
applicable Clean Air Act regulation codified under 40 CFR part 60, part 61, or part 63.
For the purpose of complying with this paragraph, a tank for which the air emission
control includes an enclosure, as opposed to a cover, must be in compliance with the
enclosure and control device requirements of Sec. 265.1085(0, except as provided in Sec.
265.1083(c)(5).
(8) A tank that has a process vent as defined in 40 CFR 264.1031.
(c) For the owner and operator of a facility subject to this subpart who has received a
final permit under RCRA section 3005 prior to December 6, 1996, the following
requirements apply:
(1) The requirements of 40 CFR part 264, subpart CC shall be incorporated into the
permit when the permit is reissued in accordance with the requirements of 40 CFR
124.15 or reviewed in accordance with the requirements of 40 CFR 270.50(d).
(2) Until the date when the permit is reissued in accordance with the requirements of 40
CFR 124.15 or reviewed in accordance with the requirements of 40 CFR 270.50(d), the
owner and operator is subject to the requirements of this subpart.
(d) The requirements of this subpart, except for the recordkeeping requirements specified
in Sec. 265.1090(i) of this subpart, are administratively stayed for a tank or a container
used for the management of hazardous waste generated by organic peroxide
manufacturing and its associated laboratory operations when the owner or operator of the
unit meets all of the following conditions:
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(1) The owner or operator identifies that the tank or container receives hazardous waste
generated by an organic peroxide manufacturing process producing more than one
functional family of organic peroxides or multiple organic peroxides within one
functional family, that one or more of these organic peroxides could potentially undergo
self-accelerating thermal decomposition at or below ambient temperatures, and that
organic peroxides are the predominant products manufactured by the process. For the
purpose of meeting the conditions of this paragraph, "organic peroxide" means an
organic compound that contains the bivalent -O-O- structure and which may be
considered to be a structural derivative of hydrogen peroxide where one or both of the
hydrogen atoms has been replaced by an organic radical.
(2) The owner or operator prepares documentation, in accordance with the requirements
of Sec. 265.1090(0 of this subpart, explaining why an undue safety hazard would be
created if air emission controls specified in Sec. Sec. 265.1085 through 265.1088 of this
subpart are installed and operated on the tanks and containers used at the facility to
manage the hazardous waste generated by the organic peroxide manufacturing process or
processes meeting the conditions of paragraph (d)(l) of this section.
(3) The owner or operator notifies the Regional Administrator in writing that hazardous
waste generated by an organic peroxide manufacturing process or processes meeting the
conditions of paragraph (d)(l) of this section are managed at the facility in tanks or
containers meeting the conditions of paragraph (d)(2) of this section. The notification
shall state the name and address of the facility, and be signed and dated by an authorized
representative of the facility owner or operator.
(e)(l) Except as provided in paragraph (e)(2) of this section, the requirements of this
subpart do not apply to the pharmaceutical manufacturing facility, commonly referred to
as the Stonewall Plant, located at Route 340 South, Elkton, Virginia, provided that
facility is operated in compliance with the requirements contained in a Clean Air
Act permit issued pursuant to 40 CFR 52.2454. The requirements of this subpart shall
apply to the facility upon termination of the Clean Air Act permit issued pursuant to 40
CFR 52.2454.
(2) Notwithstanding paragraph (e)(l) of this section, any hazardous waste surface
impoundment operated at the Stonewall Plant is subject to the standards in Sec. 265.1086
and all requirements related to hazardous waste surface impoundments that are
referenced in or by Sec. 265.1086, including the closed-vent system and control device
requirements of Sec. 265.1088 and the recordkeeping requirements of Sec. 265.1090(c).
(f) This section applies only to the facility commonly referred to as the OSi Specialties
Plant, located on State Route 2, Sistersville, West Virginia ("Sistersville Plant").
(l)(i) Provided that the Sistersville Plant is in compliance with the requirements of
paragraph (f)(2) of this section, the requirements referenced in paragraph (f)(l)(iii) of this
section are temporarily deferred, as specified in paragraph (f)(3) of this section, with
respect to the two hazardous waste surface impoundments at the Sistersville Plant.
Beginning on the date that paragraph (f)(l)(ii) of this section is first implemented, the
temporary deferral of this paragraph shall no longer be effective.
(ii)(A) In the event that a notice of revocation is issued pursuant to paragraph (f)(3)(iv) of
this section, the requirements referenced in paragraph (f)(l)(iii) of this section are
temporarily deferred, with respect to the two hazardous waste surface impoundments,
provided that the Sistersville Plant is in compliance with the requirements of paragraphs
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(f)(2)(ii), (f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) and (g) of this section, except as
provided under paragraph (f)(l)(ii)(B) of this section. The temporary deferral of the
previous sentence shall be effective beginning on the date the Sistersville Plant receives
written notification of revocation, and continuing for a maximum period of 18 months
from that date, provided that the Sistersville Plant is in compliance with the requirements
of paragraphs (f)(2)(ii), (f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) and (g) of this section at
all times during that 18-month period. In no event shall the temporary deferral continue
to be effective after the MON Compliance Date.
(B) In the event that a notification of revocation is issued pursuant to paragraph (f)(3)(iv)
of this section as a result of the permanent removal of the capper unit from methyl capped
polyether production service, the requirements referenced in paragraph (f)(l)(iii) of this
section are temporarily deferred, with respect to the two hazardous waste surface
impoundments, provided that the Sistersville Plant is in compliance with the requirements
of paragraphs (f)(2)(vi), and (g) of this section. The temporary deferral of the previous
sentence shall be effective beginning on the date the Sistersville Plant receives written
notification of revocation, and continuing for a maximum period of 18 months from that
date, provided that the Sistersville Plant is in compliance with the requirements of
paragraphs (f)(2)(vi) and (g) of this section at all times during that 18-month period. In no
event shall the temporary deferral continue to be effective after the MON Compliance
Date.
(iii) The standards in Sec. 265.1086 of this part, and all requirements referenced in or by
Sec. 265.1086 that otherwise would apply to the two hazardous waste surface
impoundments, including the closed-vent system and control device requirements of Sec.
265.1088 of this part.
(2) Notwithstanding the effective period and revocation provisions in paragraph (f)(3) of
this section, the temporary deferral provided in paragraph (f)(l)(i) of this section is
effective only if the Sistersville Plant meets the requirements of paragraph (f)(2) of this
section.
(i) The Sistersville Plant shall install an air pollution control device on the polyether
methyl capper unit ("capper unit"), implement a methanol recovery operation, and
implement a waste minimization/pollution prevention ("WMPP") project. The
installation and implementation of these requirements shall be conducted according to the
schedule described in paragraphs (f)(2)(i) and (f)(2)(vi) of this section.
(A) The Sistersville Plant shall complete the initial start-up of a thermal incinerator on the
capper unit's process vents from the first stage vacuum pump, from the flash pot and
surge tank, and from the water stripper, no later than April 1, 1998.
(B) The Sistersville Plant shall provide to the EPA and the West Virginia Department of
Environmental Protection, written notification of the actual date of initial start-up of the
thermal incinerator, and commencement of the methanol recovery operation. The
Sistersville Plant shall submit this written notification as soon as practicable, but in no
event later than 15 days after such events.
(ii) The Sistersville Plant shall install and operate the capper unit process vent thermal
incinerator according to the requirements of paragraphs (f)(2)(ii)(A) through (f)(2)(ii)(D)
of this section.
(A) Capper unit process vent thermal incinerator.
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(1) Except as provided under paragraph (f)(2)(ii)(D) of this section, the Sistersville Plant
shall operate the process vent thermal incinerator such that the incinerator reduces the
total organic compounds ("TOC") from the process vent streams identified in paragraph
(f)(2)(i)(A) of this section, by 98 weight-percent, or to a concentration of 20 parts per
million by volume, on a dry basis, corrected to 3 percent oxygen, whichever is less
stringent.
(i) Prior to conducting the initial performance test required under paragraph (f)(2)(ii)(B)
of this section, the Sistersville Plant shall operate the thermal incinerator at or above a
minimum temperature of 1600 Fahrenheit.
(ii) After the initial performance test required under paragraph (f)(2)(ii)(B) of this
section, the Sistersville Plant shall operate the thermal incinerator at or above the
minimum temperature established during that initial performance test.
(iii) The Sistersville Plant shall operate the process vent thermal incinerator at all times
that the capper unit is being operated to manufacture product.
(2) The Sistersville Plant shall install, calibrate, and maintain all air pollution control and
monitoring equipment described in paragraphs (f)(2)(i)(A) and (f)(2)(ii)(B)(3) of this
section, according to the manufacturer's specifications, or other written procedures that
provide adequate assurance that the equipment can reasonably be expected to control and
monitor accurately, and in a manner consistent with good engineering practices during all
periods when emissions are routed to the unit.
(B) The Sistersville Plant shall comply with the requirements of paragraphs
(f)(2)(ii)(B)(l) through (f)(2)(ii)(B)(3) of this section for performance testing and
monitoring of the capper unit process vent thermal incinerator.
(1) Within 120 days after thermal incinerator initial start-up, the Sistersville Plant shall
conduct a performance test to determine the minimum temperature at which compliance
with the emission reduction requirement specified in paragraph (f)(4) of this section is
achieved. This determination shall be made by measuring TOC minus methane and
ethane, according to the procedures specified in paragraph (f)(2)(ii)(B) of this section.
(2) The Sistersville Plant shall conduct the initial performance test in accordance with the
standards set forth in paragraph (f)(4) of this section.
(3) Upon initial start-up, the Sistersville Plant shall install, calibrate, maintain and
operate, according to manufacturer's specifications and in a manner consistent with good
engineering practices, the monitoring equipment described in paragraphs
(f)(2)(ii)(B)(3)(i) through (f)(2)(ii)(B)(3)(iii) of this section.
(i) A temperature monitoring device equipped with a continuous recorder. The
temperature monitoring device shall be installed in the firebox or in the duct work
immediately downstream of the firebox in a position before any substantial heat exchange
is encountered.
(ii) A flow indicator that provides a record of vent stream flow to the incinerator at least
once every fifteen minutes. The flow indicator shall be installed in the vent stream from
the process vent at a point closest to the inlet of the incinerator.
(iii) If the closed-vent system includes bypass devices that could be used to divert the gas
or vapor stream to the atmosphere before entering the control device, each bypass device
shall be equipped with either a bypass flow indicator or a seal or locking device as
specified in this paragraph. For the purpose of complying with this paragraph, low leg
drains, high point bleeds, analyzer vents, open-ended valves or lines, spring-loaded
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pressure relief valves, and other fittings used for safety purposes are not considered to be
bypass devices. If a bypass flow indicator is used to comply with this paragraph, the
bypass flow indicator shall be installed at the inlet to the bypass line used to divert gases
and vapors from the closed-vent system to the atmosphere at a point upstream of the
control device inlet. If a seal or locking device (e.g. car-seal or lock-and-key
configuration) is used to comply with this paragraph, the device shall be placed on the
mechanism by which the bypass device position is controlled (e.g., valve handle, damper
levels) when the bypass device is in the closed position such that the bypass device
cannot be opened without breaking the seal or removing the lock. The Sistersville Plant
shall visually inspect the seal or locking device at least once every month to verify that
the bypass mechanism is maintained in the closed position.
(C) The Sistersville Plant shall keep on-site an up-to-date, readily accessible record of the
information described in paragraphs (f)(2)(ii)(C)(l) through (f)(2)(ii)(C)(4) of this
section.
(1) Data measured during the initial performance test regarding the firebox temperature
of the incinerator and the percent reduction of TOC achieved by the incinerator, and/or
such other information required in addition to or in lieu of that information by the
WVDEP in its approval of equivalent test methods and procedures.
(2) Continuous records of the equipment operating procedures specified to be monitored
under paragraph (f)(2)(ii)(B)(3) of this section, as well as records of periods of operation
during which the firebox temperature falls below the minimum temperature established
under paragraph (f)(2)(ii)(A)(l) of this section.
(3) Records of all periods during which the vent stream has no flow rate to the extent that
the capper unit is being operated during such period.
(4) Records of all periods during which there is flow through a bypass device.
(D) The Sistersville Plant shall comply with the start-up, shutdown, maintenance and
malfunction requirements contained in paragraphs (f)(2)(ii)(D)(l) through (f)(2)(ii)(D)(6)
of this section, with respect to the capper unit process vent incinerator.
(1) The Sistersville Plant shall develop and implement a Start-up, Shutdown and
Malfunction Plan as required by the provisions set forth in paragraph (f)(2)(ii)(D) of this
section. The plan shall describe, in detail, procedures for operating and maintaining the
thermal incinerator during periods of start-up, shutdown and malfunction, and a program
of corrective action for malfunctions of the thermal incinerator.
(2) The plan shall include a detailed description of the actions the Sistersville Plant will
take to perform the functions described in paragraphs (f)(2)(ii)(D)(2)(i) through
(f)(2)(ii)(D)(2)(iii) of this section.
(i) Ensure that the thermal incinerator is operated in a manner consistent with good air
pollution control practices.
(ii) Ensure that the Sistersville Plant is prepared to correct malfunctions as soon as
practicable after their occurrence in order to minimize excess emissions.
(iii) Reduce the reporting requirements associated with periods of start-up, shutdown and
malfunction.
(3) During periods of start-up, shutdown and malfunction, the Sistersville Plant shall
maintain the process unit and the associated thermal incinerator in accordance with the
procedures set forth in the plan.
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(4) The plan shall contain record keeping requirements relating to periods of start-up,
shutdown or malfunction, actions taken during such periods in conformance with the
plan, and any failures to act in conformance with the plan during such periods.
(5) During periods of maintenance or malfunction of the thermal incinerator, the
Sistersville Plant may continue to operate the capper unit, provided that operation of the
capper unit without the thermal incinerator shall be limited to no more than 240 hours
each calendar year.
(6) For the purposes of paragraph (f)(2)(iii)(D) of this section, the Sistersville Plant may
use its operating procedures manual, or a plan developed for other reasons, provided that
plan meets the requirements of paragraph (f)(2)(iii)(D) of this section for the start-up,
shutdown and malfunction plan.
(iii) The Sistersville Plant shall operate the closed-vent system in accordance with the
requirements of paragraphs (f)(2)(iii)(A) through (f)(2)(iii)(D) of this section.
(A) Closed-vent system.
(1) At all times when the process vent thermal incinerator is operating, the Sistersville
Plant shall route the vent streams identified in paragraph (f)(2)(i) of this section from the
capper unit to the thermal incinerator through a closed-vent system.
(2) The closed-vent system will be designed for and operated with no detectable
emissions, as defined in paragraph (f)(6) of this section.
(B) The Sistersville Plant will comply with the performance standards set forth in
paragraph (f)(2)(iii)(A)(l) of this section on and after the date on which the initial
performance test referenced in paragraph (f)(2)(ii)(B) of this section is completed, but no
later than sixty (60) days after the initial start-up date.
(C) The Sistersville Plant shall comply with the monitoring requirements of paragraphs
(f)(2)(iii)(C)(l) through (f)(2)(iii)(C)(3) of this section, with respect to the closed-vent
system.
(1) At the time of the performance test described in paragraph (f)(2)(ii)(B) of this section,
the Sistersville Plant shall inspect the closed-vent system as specified in paragraph (f)(5)
of this section.
(2) At the time of the performance test described in paragraph (f)(2)(ii)(B) of this section,
and annually thereafter, the Sistersville Plant shall inspect the closed-vent system for
visible, audible, or olfactory indications of leaks.
(3) If at any time a defect or leak is detected in the closed-vent system, the Sistersville
Plant shall repair the defect or leak in accordance with the requirements of paragraphs
(f)(2)(iii)(C)(3)(i) and (f)(2)(iii)(C)(3)(ii) of this section.
(i) The Sistersville Plant shall make first efforts at repair of the defect no later than five
(5) calendar days after detection, and repair shall be completed as soon as possible but no
later than forty-five (45) calendar days after detection.
(ii) The Sistersville Plant shall maintain a record of the defect repair in accordance with
the requirements specified in paragraph (f)(2)(iii)(D) of this section.
(D) The Sistersville Plant shall keep on-site up-to-date, readily accessible records of the
inspections and repairs required to be performed by paragraph (f)(2)(iii) of this section.
(iv) The Sistersville Plant shall operate the methanol recovery operation in accordance
with paragraphs (f)(2)(iv)(A) through (f)(2)(iv)(C) of this section.
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(A) The Sistersville Plant shall operate the condenser associated with the methanol
recovery operation at all times during which the capper unit is being operated to
manufacture product.
(B) The Sistersville Plant shall comply with the monitoring requirements described in
paragraphs (f)(2)(B)(l) through (f)(2)(B)(3) of this section, with respect to the methanol
recovery operation.
(1) The Sistersville Plant shall perform measurements necessary to determine the
information described in paragraphs (f)(2)(iv)(B)(l)(i) and (f)(2)(iv)(B)(l)(ii) of this
section to demonstrate the percentage recovery by weight of the methanol contained in
the influent gas stream to the condenser.
(i) Information as is necessary to calculate the annual amount of methanol generated by
operating the capper unit.
(ii) The annual amount of methanol recovered by the condenser associated with the
methanol recovery operation.
(2) The Sistersville Plant shall install, calibrate, maintain and operate according to
manufacturer specifications, a temperature monitoring device with a continuous recorder
for the condenser associated with the methanol recovery operation, as an indicator that
the condenser is operating.
(3) The Sistersville Plant shall record the dates and times during which the capper unit
and the condenser are operating.
(C) The Sistersville Plant shall keep on-site up-to-date, readily-Accessible records of the
parameters specified to be monitored under paragraph (f)(2)(iv)(B) of this section.
(v) The Sistersville Plant shall comply with the requirements of paragraphs (f)(2)(v)(A)
through (f)(2)(v)(C) of this section for the disposition of methanol collected by the
methanol recovery operation.
(A) On an annual basis, the Sistersville Plant shall ensure that a minimum of 95% by
weight of the methanol collected by the methanol recovery operation (also referred to as
the "collected methanol") is utilized for reuse, recovery, or thermal recovery/treatment.
The Sistersville Plant may use the methanol on-site, or may transfer or sell the methanol
for reuse, recovery, or thermal recovery/treatment at other facilities.
(1) Reuse. To the extent reuse of all of the collected methanol destined for reuse,
recovery, or thermal recovery is not economically feasible, the Sistersville Plant shall
ensure the residual portion is sent for recovery, as defined in paragraph (f)(6) of this
section, except as provided in paragraph (f)(2)(v)(A)(2) of this section.
(2) Recovery. To the extent that reuse or recovery of all the collected methanol destined
for reuse, recovery, or thermal recovery is not economically feasible, the Sistersville
Plant shall ensure that the residual portion is sent for thermal recovery/treatment, as
defined in paragraph (f)(6) of this section.
(3) The Sistersville Plant shall ensure that, on an annual basis, no more than 5% of the
methanol collected by the methanol recovery operation is subject to bio-treatment.
(4) In the event the Sistersville Plant receives written notification of revocation pursuant
to paragraph (f)(3)(iv) of this section, the percent limitations set forth under paragraph
(f)(2)(v)(A) of this section shall no longer be applicable, beginning on the date of receipt
of written notification of revocation.
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(B) The Sistersville Plant shall perform such measurements as are necessary to determine
the pounds of collected methanol directed to reuse, recovery, thermal recovery/treatment
and bio-treatment, respectively, on a monthly basis.
(C) The Sistersville Plant shall keep on-site up-to-date, readily accessible records of the
amounts of collected methanol directed to reuse, recovery, thermal recovery/treatment
and bio-treatment necessary for the measurements required under paragraph (f)(2)(iv)(B)
of this section.
(vi) The Sistersville Plant shall perform a WMPP project in accordance with the
requirements and schedules set forth in paragraphs (f)(2)(vi)(A) through (f)(2)(vi)(C) of
this section.
(A) In performing the WMPP Project, the Sistersville Plant shall use a Study Team and
an Advisory Committee as described in paragraphs (f)(2)(vi)(A)(l) through
(f)(2)(vi)(A)(6) of this section.
(1) At a minimum, the multi-functional Study Team shall consist of Sistersville Plant
personnel from appropriate plant departments (including both management and
employees) and an independent contractor. The Sistersville Plant shall select a contractor
that has experience and training in WMPP in the chemical manufacturing industry.
(2) The Sistersville Plant shall direct the Study Team such that the team performs the
functions described in paragraphs (f)(2)(vi)(A)(2)(i) through (f)(2)(vi)(A)(2)(v) of this
section.
(i) Review Sistersville Plant operations and waste streams.
(ii) Review prior WMPP efforts at the Sistersville Plant.
(iii) Develop criteria for the selection of waste streams to be evaluated for the WMPP
Project.
(iv) Identify and prioritize the waste streams to be evaluated during the study phase of the
WMPP Project, based on the criteria described in paragraph (f)(2)(vi)(A)(2)(iii) of this
section.
(v) Perform the WMPP Study as required by paragraphs (f)(2)(vi)(A)(3) through
(f)(2)(vi)(A)(5), paragraph (f)(2)(vi)(B), and paragraph (f)(2)(vi)(C) of this section.
(3)(i) The Sistersville Plant shall establish an Advisory Committee consisting of a
representative from EPA, a representative from WVDEP, the Sistersville Plant Manager,
the Sistersville Plant Director of Safety, Health and Environmental Affairs, and a
stakeholder representative(s).
(ii) The Sistersville Plant shall select the stakeholder representative(s) by mutual
agreement of EPA, WVDEP and the Sistersville Plant no later than 20 days after
receiving from EPA and WVDEP the names of their respective committee members.
(4) The Sistersville Plant shall convene a meeting of the Advisory Committee no later
than thirty days after selection of the stakeholder representatives, and shall convene
meetings periodically thereafter as necessary for the Advisory Committee to perform its
assigned functions. The Sistersville Plant shall direct the Advisory Committee to perform
the functions described in paragraphs (f)(2)(vi)(A)(4)(i) through (f)(2)(vi)(A)(4)(iii) of
this section.
(i) Review and comment upon the Study Team's criteria for selection of waste streams,
and the Study Team's identification and prioritization of the waste streams to be
evaluated during the WMPP Project.
(ii) Review and comment upon the Study Team progress reports and the
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draft WMPP Study Report.
(iii) Periodically review the effectiveness of WMPP opportunities implemented as part of
the WMPP Project, and, where appropriate, WMPP opportunities previously determined
to be infeasible by the Sistersville Plant but which had potential for feasibility in the
future.
(5) Beginning on January 15, 1998, and every ninety (90) days thereafter until
submission of the final WMPP Study Report required by paragraph (f)(2)(vi)(C) of this
section, the Sistersville Plant shall direct the Study Team to submit a progress report to
the Advisory Committee detailing its efforts during the prior ninety (90) day period.
(B) The Sistersville Plant shall ensure that the WMPP Study and the WMPP Study
Report meet the requirements of paragraphs (f)(2)(vi)(B)(l) through (f)(2)(vi)(B)(3) of
this section.
(1) The WMPP Study shall consist of a technical, economic, and regulatory assessment
of opportunities for source reduction and for environmentally sound recycling for waste
streams identified by the Study Team.
(2) The WMPP Study shall evaluate the source, nature, and volume of the waste streams;
describe all the WMPP opportunities identified by the Study Team; provide a feasibility
screening to evaluate the technical and economical feasibility of each of the WMPP
opportunities; identify any cross-media impacts or any anticipated transfers of risk
associated with each feasible WMPP opportunity; and identify the projected economic
savings and projected quantitative waste reduction estimates for each WMPP opportunity
identified.
(3) No later than October 19, 1998, the Sistersville Plant shall prepare and submit to the
members of the Advisory Committee a draft WMPP Study Report which, at a minimum,
includes the results of the WMPP Study, identifies WMPP opportunities the Sistersville
Plant determines to be feasible, discusses the basis for excluding other opportunities as
not feasible, and makes recommendations as to whether the WMPP Study should be
continued. The members of the Advisory Committee shall provide any comments to the
Sistersville Plant within thirty (30) days of receiving the WMPP Study Report.
(C) Within thirty (30) days after receipt of comments from the members of the Advisory
Committee, the Sistersville Plant shall submit to EPA and WVDEP a final WMPP Study
Report which identifies those WMPP opportunities the Sistersville Plant determines to be
feasible and includes an implementation schedule for each such WMPP opportunity. The
Sistersville Plant shall make reasonable efforts to implement all feasible WMPP
opportunities in accordance with the priorities identified in the implementation schedule.
(1) For purposes of this section, a WMPP opportunity is feasible if the Sistersville Plant
considers it to be technically feasible (taking into account engineering and regulatory
factors, product line specifications and customer needs) and economically practical
(taking into account the full environmental costs and benefits associated with the WMPP
opportunity and the company's internal requirements for approval of capital projects). For
purposes of the WMPP Project, the Sistersville Plant shall use "An Introduction to
Environmental Accounting as a Business Management Tool," (EPA 742/R-95/001) as
one tool to identify the full environmental costs and benefits of each WMPP opportunity.
(2) In implementing each WMPP opportunity, the Sistersville Plant shall, after consulting
with the other members of the Advisory Committee, develop appropriate protocols and
methods for determining the information required by paragraphs (f)(2)(vi)(2)(i) through
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(f)(2)(vi)(2)(iii) of this section.
(i) The overall volume of wastes reduced.
(ii) The quantities of each constituent identified in paragraph (f)(8) of this section
reduced in the wastes.
(iii) The economic benefits achieved.
(3) No requirements of paragraph (f)(2)(vi) of this section are intended to prevent or
restrict the Sistersville Plant from evaluating and implementing any WMPP opportunities
at the Sistersville Plant in the normal course of its operations or from implementing, prior
to the completion of the WMPP Study, any WMPP opportunities identified by the
Study Team.
(vii) The Sistersville Plant shall maintain on-site each record required by paragraph (f)(2)
of this section, through the MON Compliance Date.
(viii) The Sistersville Plant shall comply with the reporting requirements of paragraphs
(f)(2)(viii)(A) through (f)(2)(viii)(G) of this section.
(A) At least sixty days prior to conducting the initial performance test of the thermal
incinerator, the Sistersville Plant shall submit to EPA and WVDEP copies of a
notification of performance test, as described in 40 CFR63.7(b). Following the initial
performance test of the thermal incinerator, the Sistersville Plant shall submit to EPA and
WVDEP copies of the performance test results that include the information relevant to
initial performance tests of thermal incinerators contained in 40 CFR
617(g)(l), 40 CFR 63.117(a)(4)(i). and 40 CFR 63.117(a)(4)(ii).
(B) Beginning in 1999, on January 31 of each year, the Sistersville Plant shall submit a
semiannual written report to the EPA and WVDEP, with respect to the preceding six
month period ending on December 31, which contains the information described in
paragraphs (f)(2)(viii)(B)(l) through (f)(2)(viii)(B)(10) of this section.
(1) Instances of operating below the minimum operating temperature established for the
thermal incinerator under paragraph (f)(2)(ii)(A)(l) of this section which were not
corrected within 24 hours of onset.
(2) Any periods during which the capper unit was being operated to manufacture product
while the flow indicator for the vent streams to the thermal incinerator showed no flow.
(3) Any periods during which the capper unit was being operated to manufacture product
while the flow indicator for any bypass device on the closed vent system to the thermal
incinerator showed flow.
(4) Information required to be reported during that six month period under the
preconstruction permit issued under the state permitting program approved under subpart
XX of 40 CFR Part 52—Approval and Promulgation of Implementation Plans for West
Virginia.
(5) Any periods during which the capper unit was being operated to manufacture product
while the condenser associated with the methanol recovery operation was not in
operation.
(6) The amount (in pounds and by month) of methanol collected by the methanol
recovery operation during the six month period.
(7) The amount (in pounds and by month) of collected methanol utilized for reuse,
recovery, thermal recovery/treatment, or bio-treatment, respectively, during the six month
period.
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(8) The calculated amount (in pounds and by month) of methanol generated by operating
the capper unit.
(9) The status of the WMPP Project, including the status of developing the WMPP Study
Report.
(10) Beginning in the year after the Sistersville Plant submits the final WMPP Study
Report required by paragraph (f)(2)(vi)(C) of this section, and continuing in each
subsequent Semiannual Report required by paragraph (f)(2)(viii)(B) of this section, the
Sistersville Plant shall report on theprogress of the implementation of feasible WMPP
opportunities identified in the WMPP Study Report. The Semiannual Report required by
paragraph (f)(2)(viii)(B) of this section shall identify any cross-media impacts or impacts
to worker safety or community health issues that have occurred as a result of
implementation of the feasible WMPP opportunities.
(C) Beginning in 1999, on July 31 of each year, the Sistersville Plant shall provide an
Annual Project Report to the EPA and WVDEP Project XL contacts containing the
information required by paragraphs (f)(2)(viii)(C)(l) through (f)(2)(viii)(C)(8) of this
section.
(1) The categories of information required to be submitted under paragraphs
(f)(2)(viii)(B)(l) through (f)(2)(viii)(B)(8) of this section, for the preceding 12 month
period ending on June 30.
(2) An updated Emissions Analysis for January through December of the preceding
calendar year. The Sistersville Plant shall submit the updated Emissions Analysis in a
form substantially equivalent to the previous Emissions Analysis prepared by the
Sistersville Plant to support Project XL. The Emissions Analysis shall include a
comparison of the volatile organic emissions associated with the capper unit process
vents and the wastewater treatment system (using the EPA Water 8 model or other model
agreed to by the Sistersville Plant, EPA and WVDEP) under Project XL with the
expected emissions from those sources absent Project XL during that period.
(3) A discussion of the Sistersville Plant's performance in meeting the requirements of
this section, specifically identifying any areas in which the Sistersville Plant either
exceeded or failed to achieve any such standard.
(4) A description of any unanticipated problems in implementing the XL Project and any
steps taken to resolve them.
(5) A WMPP Implementation Report that contains the information contained in
paragraphs paragraphs (f)(2)(viii)(C)(5)(i) through (viii)(C)(5)(vi) of this section.
(i) A summary of the WMPP opportunities selected for implementation.
(ii) A description of the WMPP opportunities initiated and/or completed.
(iii) Reductions in volume of waste generated and amounts of each constituent reduced in
wastes including any constituents identified in paragraph (f)(8) of this section.
(iv) An economic benefits analysis.
(v) A summary of the results of the Advisory Committee's review of implemented
WMPP opportunities.
(vi) A reevaluation of WMPP opportunities previously determined to be infeasible by the
Sistersville Plant but which had potential for future feasibility.
(6) An assessment of the nature of, and the successes or problems associated with, the
Sistersville Plant's interaction with the federal and state agencies under the Project.
(7) An update on stakeholder involvement efforts.
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(8) An evaluation of the Project as implemented against the Project XL Criteria and the
baseline scenario.
(D) The Sistersville Plant shall submit to the EPA and WVDEP Project XL contacts a
written Final Project Report covering the period during which the temporary deferral was
effective, as described in paragraph (f)(3) of this section.
(1) The Final Project Report shall contain the information required to be submitted for the
Semiannual Report required under paragraph (f)(2)(viii)(B) of this section, and the
Annual Project Report required under paragraph (f)(2)(viii)(C) of this section.
(2) The Sistersville Plant shall submit the Final Project Report to EPA and WVDEP no
later than 180 days after the temporary deferral of paragraph (f)(l) of this section is
revoked, or 180 days after the MON Compliance Date, whichever occurs first.
(E)(l) The Sistersville Plant shall retain on-site a complete copy of each of the report
documents to be submitted to EPA and WVDEP in accordance with requirements under
paragraph (f)(2) of this section. The Sistersville Plant shall retain this record until 180
days after the MON Compliance Date. The Sistersville Plant shall provide to stakeholders
and interested parties a written notice of availability (to be mailed to all persons on the
Project mailing list and to be provided to at least one local newspaper of general
circulation) of each such document, and provide a copy of each document to any such
person upon request, subject to the provisions of 40 CFR part 2.
(2) Any reports or other information submitted to EPA or WVDEP may be released to the
public pursuant to the Federal Freedom of Information Act (42 U.S.C. 552 et seq.),
subject to the provisions of 40 CFR part 2.
(F) The Sistersville Plant shall make all supporting monitoring results and records
required under paragraph (f)(2) of this section available to EPA and WVDEP within a
reasonable amount of time after receipt of a written request from those Agencies, subject
to the provisions of 40 CFR Part 2.
(G) Each report submitted by the Sistersville Plant under the requirements of paragraph
(f)(2) of this section shall be certified by a Responsible Corporate Officer, as defined in
40CFR270.11(a)(l).
(H) For each report submitted in accordance with paragraph (f)(2) of this section, the
Sistersville Plant shall send one copy each to the addresses in paragraphs (f)(2)(viii)
(H)(l) through (H)(3) of this section.
(1) U.S. EPA Region 3, 1650 Arch Street, Philadelphia, PA 19103-2029, Attention Tad
Radzinski, Mail Code 3WC11.
(2) U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460, Attention L.
Nancy Birnbaum, Mail Code 1812.
(3) West Virginia Division of Environmental Protection, Office of Air Quality, 1558
Washington Street East, Charleston, WV 25311-2599, Attention John H. Johnston.
(3) Effective period and revocation of temporary deferral.
(i) The temporary deferral contained in this section is effective from April 1, 1998, and
shall remain effective until the MON Compliance Date. The temporary deferral contained
in this section may be revoked prior to the MON Compliance Date, as described in
paragraph (f)(3)(iv) of this section.
(ii) On the MON Compliance Date, the temporary deferral contained in this section will
no longer be effective.
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(iii) The Sistersville Plant shall come into compliance with those requirements deferred
by this section no later than the MON Compliance Date. No later than 18 months prior to
the MON Compliance Date, the Sistersville Plant shall submit to EPA an implementation
schedule that meets the requirements of paragraph (g)(l)(iii) of this section.
(iv) The temporary deferral contained in this section may be revoked for cause, as
determined by EPA, prior to the MON Compliance Date. The Sistersville Plant may
request EPA to revoke the temporary deferral contained in this section at any time. The
revocation shall be effective on the date that the Sistersville Plant receives written
notification of revocation from EPA.
(v) Nothing in this section shall affect the provisions of the MON, as applicable to the
Sistersville Plant.
(vi) Nothing in paragrahs (f) or (g) of this section shall affect any regulatory
requirements not referenced in paragraph (f)(l)(iii) of this section, as applicable to the
Sistersville Plant.
(4) The Sistersville Plant shall conduct the initial performance test required by
paragraph (f)(2)(ii)(B) of this section using the procedures in paragraph (f)(4) of this
section. The organic concentration and percent reduction shall be measured as TOC
minus methane and ethane, according to the procedures specified in paragraph (f)(4) of
this section.
(i) Method 1 or 1A of 40 CFR part 60, appendix A, as appropriate, shall be used for
selection of the sampling sites.
(A) To determine compliance with the 98 percent reduction of TOC requirement of
paragraph (f)(2)(ii)(A)(l) of this section, sampling sites shall be located at the inlet of the
control device after the final product recovery device, and at the outlet of the control
device.
(B) To determine compliance with the 20 parts per million by volume TOC limit in
paragraph (f)(2)(ii)(A)(l) of this section, the sampling site shall be located at the outlet of
the control device.
(ii) The gas volumetric flow rate shall be determined using Method 2, 2A, 2C, or 2D of
40 CFR part 60, appendix A, as appropriate.
(iii) To determine compliance with the 20 parts per million by volume TOC limit in
paragraph (f)(2)(ii)(A)(l) of this section, the Sistersville Plant shall use Method 18 of 40
CFR part 60, appendix A to measure TOC minus methane and ethane. Alternatively, any
other method or data that has been validated according to the applicable procedures in
Method 301 of 40 CFR part 63, appendix A, may be used. The following procedures shall
be used to calculate parts per million by volume concentration, corrected to 3 percent
oxygen:
(A) The minimum sampling time for each run shall be 1 hour in which either an
integrated sample or a minimum of four grab samples shall be taken. If grab sampling is
used, then the samples shall be taken at approximately equal intervals in time, such as 15
minute intervals during the run.
(B) The concentration of TOC minus methane and ethane (Cxoc) shall be calculated as
the sum of the concentrations of the individual components, and shall be computed for
each run using the following equation:
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Where:
Cxoc=Concentration of TOC (minus methane and ethane), dry basis, parts per million by
volume.
Cji=Concentration of sample components j of sample i, dry basis, parts per million by
volume.
n=Number of components in the sample.
x=Number of samples in the sample run.
(C) The concentration of TOC shall be corrected to 3 percent oxygen if a combustion
device is the control device.
(1) The emission rate correction factor or excess air, integrated sampling and analysis
procedures of Method 3B of 40 CFR part 60, appendix A shall be used to determine the
oxygen concentration (%C>2d). The samples shall be taken during the same time that the
TOC (minus methane or ethane) samples are taken.
(2) The concentration corrected to 3 percent oxygen (Cc) shall be computed using the
following equation:
17 9
C = C I —
c m| 20.9 %02d J
Where:
Cc=Concentration of TOC corrected to 3 percent oxygen, dry basis, parts per million by
volume.
Cm=Concentration of TOC (minus methane and ethane), dry basis, parts per million by
volume.
%O2d=Concentration of oxygen, dry basis, percent by volume.
(iv) To determine compliance with the 98 percent reduction requirement of paragraph
(f)(2)(ii)(A)(l) of this section, the Sistersville Plant shall use Method 18 of 40 CFR part
60, appendix A; alternatively, any other method or data that has been validated according
to the applicable procedures in Method 301 of 40 CFR part 63, appendix A may be used.
The following procedures shall be used to calculate percent reduction efficiency:
(A) The minimum sampling time for each run shall be 1 hour in which either an
integrated sample or a minimum of four grab samples shall be taken. If grab sampling is
used, then the samples shall be taken at approximately equal intervals in time such as 15
minute intervals during the run.
(B) The mass rate of TOC minus methane and ethane (E;, E0) shall be computed. All
organic compounds (minus methane and ethane) measured by Method 18 of 40 CFR part
60, Appendix A are summed using the following equations:
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.j=l
Where:
Cij, C0j=Concentration of sample component] of the gas stream at the inlet and outlet of
the control device, respectively, dry basis, parts per million by volume.
E;, E0=Mass rate of TOC (minus methane and ethane) at the inlet and outlet of the control
device, respectively, dry basis, kilogram per hour.
My, M0j=Molecular weight of sample component j of the gas stream at the inlet and outlet
of the control device, respectively, gram/gram-mole.
Qi, Q0=Flow rate of gas stream at the inlet and outlet of the control device, respectively,
dry standard cubic meter per minute.
K2=Constant, 2.494 x 10"6 (parts per million)"1 (gram-mole per standard cubic meter)
(kilogram/gram) (minute/hour), where standard temperature (gram-mole per standard
cubic meter) is 20 ° C.
(C) The percent reduction in TOC (minus methane and ethane) shall be calculated as
follows:
where:
R=Control efficiency of control device, percent.
Ei=Mass rate of TOC (minus methane and ethane) at the inlet to the control device as
calculated under paragraph (f)(4)(iv)(B) of this section, kilograms TOC per hour.
E0=Mass rate of TOC (minus methane and ethane) at the outlet of the control device, as
calculated under paragraph (f)(4)(iv)(B) of this section, kilograms TOC per hour.
(5) At the time of the initial performance test of the process vent thermal incinerator
required under paragraph (f)(2)(ii)(B) of this section, the Sistersville Plant shall inspect
each closed vent system according to the procedures specified in paragraphs (f)(5)(i)
through (f)(5)(vi) of this section.
(i) The initial inspections shall be conducted in accordance with Method 21 of 40 CFR
part 60, appendix A.
(ii)(A) Except as provided in paragraph (f)(5)(ii)(B) of this section, the detection
instrument shall meet the performance criteria of Method 21 of 40 CFR part 60, appendix
A, except the instrument response factor criteria in section 3.1.2(a) of Method 21 of 40
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CFR part 60, appendix A shall be for the average composition of the process fluid not
each individual volatile organic compound in the stream. For process streams that contain
nitrogen, air, or other inerts which are not organic hazardous air pollutants or volatile
organic compounds, the average stream response factor shall be calculated on an inert-
free basis.
(B) If no instrument is available at the plant site that will meet the performance criteria
specified in paragraph (f)(5)(ii)(A) of this section, the instrument readings may be
adjusted by multiplying by the average response factor of the process fluid, calculated on
an inert-free basis as described in paragraph (f)(5)(ii)(A) of this section.
(iii) The detection instrument shall be calibrated before use on each day of its use by
the procedures specified in Method 21 of 40 CFR part 60, appendix A.
(iv) Calibration gases shall be as follows:
(A) Zero air (less than 10 parts per million hydrocarbon in air); and
(B) Mixtures of methane in air at a concentration less than 10,000 parts per million. A
calibration gas other than methane in air may be used if the instrument does not respond
to methane or if the instrument does not meet the performance criteria specified in
paragraph (f)(5)(ii)(A) of this section. In such cases, the calibration gas may be a mixture
of one or more of the compounds to be measured in air.
(v) The Sistersville Plant may elect to adjust or not adjust instrument readings for
background. If the Sistersville Plant elects to not adjust readings for background, all such
instrument readings shall be compared directly to the applicable leak definition to
determine whether there is a leak. If the Sistersville Plant elects to adjust instrument
readings for background, the Sistersville Plant shall measure background concentration
using the procedures in 40 CFR 63.180(b) and (c). The Sistersville Plant shall subtract
background reading from the maximum concentration indicated by the instrument.
(vi) The arithmetic difference between the maximum concentration indicated by the
instrument and the background level shall be compared with 500 parts per million for
determining compliance.
(6) Definitions of terms as used in paragraphs (f) and (g) of this section.
(i) Closed vent system is defined as a system that is not open to the atmosphere and
that is composed of piping, connections and, if necessary, flow-inducing devices that
transport gas or vapor from the capper unit process vent to the thermal incinerator.
(ii) No detectable emissions means an instrument reading of less than 500 parts per
million by volume above background as determined by Method 21 in 40 CFR part 60.
(iii) Reuse includes the substitution of collected methanol (without reclamation
subsequent to its collection) for virgin methanol as an ingredient (including uses as an
intermediate) or as an effective substitute for a commercial product.
(iv) Recovery includes the substitution of collected methanol for virgin methanol as an
ingredient (including uses as an intermediate) or as an effective substitute for a
commercial product following reclamation of the methanol subsequent to its collection.
(v) Thermal recovery/treatment includes the use of collected methanol in fuels
blending or as a feed to any combustion device to the extent permitted by federal and
state law.
(vi) Bio-treatment includes the treatment of the collected methanol through
introduction into a biological treatment system, including the treatment of the collected
methanol as a waste stream in an on-site or off-site wastewater treatment system.
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Introduction of the collected methanol to the on-site wastewater treatment system will be
limited to points downstream of the surface impoundments, and will be consistent
with the requirements of federal and state law.
(vii) Start-up shall have the meaning set forth at 40 CFR 63.2.
(viii) Flow indicator means a device which indicates whether gas flow is present in the
vent stream, and, if required by the permit for the thermal incinerator, which measures
the gas flow in that stream.
(ix) Continuous Recorder means a data recording device that records an instantaneous
data value at least once every fifteen minutes.
(x) MON means the National Emission Standards for Hazardous Air Pollutants for the
source category Miscellaneous Organic Chemical Production and Processes ("MON"),
promulgated under the authority of Section 112 of the Clean Air Act.
(xi) MON Compliance Date means the date 3 years after the effective date of the
National Emission Standards for Hazardous Air Pollutants for the source category
Miscellaneous Organic Chemical Production and Processes ("MON").
(7) OSi Specialties, Incorporated, a subsidiary of Witco Corporation ("OSi"), may
seek to transfer its rights and obligations under this section to a future owner of the
Sistersville Plant in accordance with the requirements of paragraphs (f)(7)(i) through
(f)(7)(iii) of this section.
(i) OSi will provide to EPA a written notice of any proposed transfer at least forty-five
days prior to the effective date of any such transfer. The written notice will identify the
proposed transferee.
(ii) The proposed transferee will provide to EPA a written request to assume the rights
and obligations under this section at least forty-five days prior to the effective date of any
such transfer. The written request will describe the transferee's financial and technical
capability to assume the obligations under this section, and will include a statement of the
transferee's intention to fully comply with the terms of this section and to sign the Final
Project Agreement for this XL Project as an additional party.
(iii) Within thirty days of receipt of both the written notice and written request
described in paragraphs (f)(7)(i) and (f)(7)(ii) of this section, EPA will determine, based
on all relevant information, whether to approve a transfer of rights and obligations under
this section from OSi to a different owner.
(8) The constituents to be identified by the Sistersville Plant pursuant to paragraphs
(f)(2)(vi)(C)(2)(ii) and (f)(2)(viii)(C)(5)(iii) of this section are: 1 Naphthalenamine; 1, 2,
4 Trichlorobenzene; 1,1 Dichloroethylene; 1,1,1 Trichloroethane; 1,1,1,2
Tetrachloroethane; 1,1,2 Trichloro 1,2,2 Triflouroethane; 1,1,2 Trichloroethane; 1,1,2,2
Tetrachloroethane; l,2Dichlorobenzene; l,2Dichloroethane; 1,2 Dichloropropane; 1,2
Dichloropropanone; 1,2 Transdichloroethene; 1,2, Trans—Dichloroethene; 1,2,4,5
Tetrachlorobenzine; 1,3 Dichlorobenzene; 1,4 Dichloro 2 butene; 1,4 Dioxane; 2
Chlorophenol; 2 Cyclohexyl 4,6 dinitrophenol; 2 Methyl Pyridine; 2 Nitropropane; 2, 4-
Di-nitrotoluene; Acetone; Acetonitrile; Acrylonitrile; Allyl Alcohol; Aniline; Antimony;
Arsenic; Barium; Benzene; Benzotrichloride; Benzyl Chloride; Beryllium; Bis (2 ethyl
Hexyl) Phthalate; Butyl Alcohol, n; Butyl Benzyl Phthalate; Cadmium; Carbon Bisulfide;
Carbon Tetrachloride; Chlorobenzene; Chloroform; Chloromethane; Chromium;
Chrysene; Copper; Creosol; Creosol, m-; Creosol, o; Creosol, p; Cyanide;
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Cyclohexanone; Di-n-octyl phthalate; Dichlorodiflouromethane; Diethyl Phthalate;
Dihydrosafrole; Dimethylamine; Ethyl Acetate; Ethyl benzene; Ethyl Ether; Ethylene
Glycol Ethyl Ether; Ethylene Oxide; Formaldehyde; Isobutyl Alcohol; Lead; Mercury;
Methanol; Methoxychlor; Methyl Chloride; Methyl Chloroformate; Methyl Ethyl Ketone;
Methyl Ethyl Ketone Peroxide; Methyl Isobutyl Ketone; Methyl Methacrylate;
Methylene Bromide; Methylene Chloride; Naphthalene; Nickel; Nitrobenzene;
itroglycerine; p-Toluidine; Phenol; Phthalic Anhydride; Polychlorinated Biphenyls;
Propargyl Alcohol; Pyridine; Safrole; Selenium; Silver; Styrene; Tetrachloroethylene;
Tetrahydrofuran; Thallium; Toluene; Toluene 2,4 Diisocyanate; Trichloroethylene;
Trichloroflouromethane; Vanadium; Vinyl Chloride; Warfarin; Xylene; Zinc.
(g) This section applies only to the facility commonly referred to as the OSi Specialties
Plant, located on State Route 2, Sistersville, West Virginia ("" Sistersville Plant").
(l)(i) No later than 18 months from the date the Sistersville Plant receives written
notification of revocation of the temporary deferral for the Sistersville Plant under
paragraph (f) of this section, the Sistersville Plant shall, in accordance with the
implementation schedule submitted to EPA under paragraph (g)(l)(ii) of this section,
either come into compliance with all requirements of this subpart which had been
deferred by paragraph (f)(l)(i) of this section, or complete a facility or process
modification such that the requirements of Sec. 265.1086 are no longer applicable to the
two hazardous waste surface impoundments. In any event, the Sistersville Plant must
complete the requirements of the previous sentence no later than the MON Compliance
Date; if the Sistersville Plant receives written notification of revocation of the
temporary deferral after the date 18 months prior to the MON Compliance Date, the date
by which the Sistersville Plant must complete the requirements of the previous sentence
will be the MON Compliance Date, which would be less than 18 months from the date of
notification of revocation.
(ii) Within 30 days from the date the Sistersville Plant receives written notification of
revocation under paragraph (f)(3)(iv) of this section, the Sistersville Plant shall enter and
maintain in the facility operating record an implementation schedule. The implementation
schedule shall demonstrate that within 18 months from the date the Sistersville
Plant receives written notification of revocation under paragraph (f)(3)(iv) of this section
(but no later than the MON Compliance Date), the Sistersville Plant shall either come
into compliance with the regulatory requirements that had been deferred by paragraph
(f)(l)(i) of this section, or complete facility or process modification such that the
requirements of Sec. 265.1086 are no longer applicable to the two hazardous waste
surface impoundments. Within 30 days from the date the Sistersville Plant receives
written notification of revocation under paragraph (f)(3)(iv) of this section, the
Sistersville Plant shall submit a copy of the implementation schedule to the EPA and
WVDEP Project XL contacts identified in paragraph (f)(2)(viii)(H) of this section. The
implementation schedule shall reflect the Sistersville Plant's effort to come into
compliance as soon as practicable (but no later than 18 months after the date the
Sistersville Plant receives written notification of revocation, or the MON Compliance
Date, whichever is sooner) with all regulatory requirements that had been deferred under
paragraph (f)(l)(i) of this section, or to complete a facility or process modification as
soon as practicable (but no later than 18 months after the date the Sistersville Plant
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receives written notification of revocation, or the MON Compliance Date, whichever is
sooner) such that the requirements of Sec. 265.1086 are no longer applicable to the two
hazardous waste surface impoundments.
(iii) The implementation schedule shall include the information described in either
paragraph (g)(l)(iii)(A) or (B) of this section.
(A) Specific calendar dates for: award of contracts or issuance of purchase orders for
the control equipment required by those regulatory requirements that had been deferred
by paragraph (f)(l)(i) of this section; initiation of on-site installation of such control
equipment; completion of the control equipment installation; performance of any testing
to demonstrate that the installed control equipment meets the applicable standards of this
subpart; initiation of operation of the control equipment; and compliance with all
regulatory requirements that had been deferred by paragraph (f)(l)(i) of this section.
(B) Specific calendar dates for the purchase, installation, performance testing and
initiation of operation of equipment to accomplish a facility or process modification such
that the requirements of Sec. 265.1086 are no longer applicable to the two hazardous
waste surface impoundments.
(2) Nothing in paragraphs (f) or (g) of this section shall affect any regulatory
requirements not referenced in paragraph (f)(2)(i) or (ii) of this section, as applicable to
the Sistersville Plant.
(3) In the event that a notification of revocation is issued pursuant to paragraph
(f)(3)(iv) of this section, the requirements referenced in paragraph (f)(l)(iii) of this
section are temporarily deferred, with respect to the two hazardous waste surface
impoundments, provided that the Sistersville Plant is in compliance with the
requirements of paragraphs (f)(2)(ii), (f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) and (g) of
this section, except as provided under paragraph (g)(4) of this section. The temporary
deferral of the previous sentence shall be effective beginning on the date the Sistersville
Plant receives written notification of revocation, and subject to paragraph (g)(5) of this
section, shall continue to be effective for a maximum period of 18 months from that date,
provided that the Sistersville Plant is in compliance with the requirements of paragraphs
(f)(2)(ii), (f)(2)(iii), (f)(2)(iv), (f)(2)(v), (f)(2)(vi) and (g) of this section at all times
during that 18-month period.
(4) In the event that a notification of revocation is issued pursuant to paragraph
(f)(3)(iv) of this section as a result of the permanent removal of the capper unit from
methyl capped polyether production service, the requirements referenced in paragraph
(f)(l)(iii) of this section are temporarily deferred, with respect to the two hazardous waste
surface impoundments, provided that the Sistersville Plant is in compliance with the
requirements of paragraphs (f)(2)(vi), and (g) of this section. The temporary deferral of
the previous sentence shall be effective beginning on the date the Sistersville Plant
receives written notification of revocation, and subject to paragraph (g)(5) of this section,
shall continue to be effective for a maximum period of 18 months from that date,
provided that the Sistersville Plant is in compliance with the requirements of paragraphs
(f)(2)(vi) and (g) of this section at all times during that 18-month period.
(5) In no event shall the temporary deferral provided under paragraph (g)(3) or (g)(4)
of this section be effective after the MON Compliance Date.
[59 FR 62935, Dec. 6, 1994, as amended at 60 FR 26829, May 19, 1995; 60
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FR 50429, Sept. 29, 1995; 60 FR 56953, Nov. 13, 1995; 61 FR 28510, June
5, 1996; 61 FR 59971, Nov. 25, 1996; 62 FR 52642, Oct. 8, 1997; 62 FR
64662, Dec. 8, 1997; 63 FR 11139, Mar. 6, 1998; 63 FR 19838, Apr. 22,
1998; 63 FR 49399, Sept. 15, 1998; 63 FR 53847, Oct. 7, 1998; 64 FR
3389, Jan. 21, 1999; 66 FR 34376, June 28, 2001]
§265.1081: Definitions.
As used in this subpart, all terms not defined herein shall have the meaning given to
them in the Act and parts 260 through 266 of this chapter.
Average volatile organic concentration or average VO concentration means the mass-
weighted average volatile organic concentration of a hazardous waste as determined in
accordance with the requirements of Sec. 265.1084 of this subpart.
Closure device means a cap, hatch, lid, plug, seal, valve, or other type of fitting that
blocks an opening in a cover such that when the device is secured in the closed position it
prevents or reduces air pollutant emissions to the atmosphere. Closure devices include
devices that are detachable from the cover (e.g., a sampling port cap), manually operated
(e.g., a hinged access lid or hatch), or automatically operated (e.g., a spring-loaded
pressure relief valve).
Continuous seal means a seal that forms a continuous closure that completely covers
the space between the edge of the floating roof and the wall of a tank. A continuous seal
may be a vapor-mounted seal, liquid-mounted seal, or metallic shoe seal. A continuous
seal may be constructed of fastened segments so as to form a continuous seal.
Cover means a device that provides a continuous barrier over the hazardous waste
managed in a unit to prevent or reduce air pollutant emissions to the atmosphere. A cover
may have openings (such as access hatches, sampling ports, gauge wells) that are
necessary for operation, inspection, maintenance, and repair of the unit on which the
cover is used. A cover may be a separate piece of equipment which can be detached and
removed from the unit or a cover may be formed by structural features permanently
integrated into the design of the unit.
Enclosure means a structure that surrounds a tank or container, captures organic vapors
emitted from the tank or container, and vents the captured vapors through a closed-vent
system to a control device.
External floating roof means a pontoon-type or double-deck type cover that rests on
the surface of the material managed in a tank with no fixed roof.
Fixed roof means a cover that is mounted on a unit in a stationary position and does
not move with fluctuations in the level of the material managed in the unit.
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Floating membrane cover means a cover consisting of a synthetic flexible membrane
material that rests upon and is supported by the hazardous waste being managed in a
surface impoundment.
Floating roof means a cover consisting of a double deck, pontoon single deck, or
internal floating cover which rests upon and is supported by the material being contained,
and is equipped with a continuous seal.
Hard-piping means pipe or tubing that is manufactured and properly installed in
accordance with relevant standards and good engineering practices.
In light material service means the container is used to manage a material for which
both of the following conditions apply: The vapor pressure of one or more of the organic
constituents in the material is greater than 0.3 kilopascals (kPa) at 20 ° C; and the total
concentration of the pure organic constituents having a vapor pressure greater than 0.3
kPa at 20 ° C is equal to or greater than 20 percent by weight.
Internal floating roof means a cover that rests or floats on the material surface (but not
necessarily in complete contact with it) inside a tank that has a fixed roof.
Liquid-mounted seal means a foam or liquid-filled primary seal mounted in contact
with the hazardous waste between the tank wall and the floating roof continuously around
the circumference of the tank.
Malfunction means any sudden, infrequent, and not reasonably preventable failure of
air pollution control equipment, process equipment, or a process to operate in a normal or
usual manner. Failures that are caused in part by poor maintenance or careless operation
are not malfunctions.
Maximum organic vapor pressure means the sum of the individual organic constituent
partial pressures exerted by the material contained in a tank, at the maximum vapor
pressure-causing conditions (i.e., temperature, agitation, pH effects of combining wastes,
etc.) reasonably expected to occur in the tank. For the purpose of this subpart, maximum
organic vapor pressure is determined using the procedures specified in Sec. 265.1084(c)
of this subpart.
Metallic shoe seal means a continuous seal that is constructed of metal sheets which
are held vertically against the wall of the tank by springs, weighted levers, or other
mechanisms and is connected to the floating roof by braces or other means. A flexible
coated fabric (envelope) spans the annular space between the metal sheet and the floating
roof.
No detectable organic emissions means no escape of organics to the atmosphere as
determined using the procedure specified in Sec. 265.1084(d) of this subpart.
Point of waste origination means as follows:
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(1) When the facility owner or operator is the generator of the hazardous waste, the point
of waste origination means the point where a solid waste produced by a system, process,
or waste management unit is determined to be a hazardous waste as defined in 40 CFR
part 261.
Note: In this case, this term is being used in a manner similar to the use of the term
"point of generation" in air standards established for waste management operations under
authority of the Clean Air Act in 40 CFR parts 60, 61, and 63.]
(2) When the facility owner and operator are not the generator of the hazardous waste,
point of waste origination means the point where the owner or operator accepts delivery
or takes possession of the hazardous waste.
Point of waste treatment means the point where a hazardous waste to be treated in
accordance with Sec. 265.1083(c)(2) of this subpart exits the treatment process. Any
waste determination shall be made before the waste is conveyed, handled, or otherwise
managed in a manner that allows the waste to volatilize to the atmosphere.
Safety device means a closure device such as a pressure relief valve, frangible disc,
fusible plug, or any other type of device which functions exclusively to prevent physical
damage or permanent deformation to a unit or its air emission control equipment by
venting gases or vapors directly to the atmosphere during unsafe conditions resulting
from an unplanned, accidental, or emergency event. For the purpose of this subpart, a
safety device is not used for routine venting of gases or vapors from the vapor headspace
underneath a cover such as during filling of the unit or to adjust the pressure in this vapor
headspace in response to normal daily diurnal ambient temperature fluctuations. A safety
device is designed to remain in a closed position during normal operations and open only
when the internal pressure, or another relevant parameter, exceeds the device threshold
setting applicable to the air emission control equipment as determined by the owner or
operator based on manufacturer recommendations, applicable regulations, fire protection
and prevention codes, standard engineering codes and practices, or other requirements for
the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials.
Single-seal system means a floating roof having one continuous seal. This seal may be
vapor-mounted, liquid-mounted, or a metallic shoe seal.
Vapor-mounted seal means a continuous seal that is mounted such that there is a vapor
space between the hazardous waste in the unit and the bottom of the seal.
Volatile organic concentration or VO concentration means the fraction by weight of
the volatile organic compounds contained in a hazardous waste expressed in terms of
parts per million (ppmw) as determined by direct measurement or by knowledge of the
waste in accordance with the requirements of Sec. 265.1084 of this subpart. For the
purpose of determining the VO concentration of a hazardous waste, organic compounds
with a Henry's law constant value of at least 0.1 mole-fraction-in-the-gas-phase/mole-
fraction-in the liquid-phase (0.1 Y/X) (which can also be expressed as l.SxlO"6
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atmospheres/gram-mole/m3) at 25 degrees Celsius must be included. Appendix VI of this
subpart presents a list of compounds known to have a Henry's law constant value less
than the cutoff level.
Waste determination means performing all applicable procedures in accordance with
the requirements of Sec. 265.1084 of this subpart to determine whether a hazardous waste
meets standards specified in this subpart. Examples of a waste determination include
performing the procedures in accordance with the requirements of Sec. 265.1084 of this
subpart to determine the average VO concentration of a hazardous waste at the point of
waste origination; the average VO concentration of a hazardous waste at the point of
waste treatment and comparing the results to the exit concentration limit specified for the
process used to treat the hazardous waste; the organic reduction efficiency and the
organic biodegradation efficiency for a biological process used to treat a hazardous waste
and comparing the results to the applicable standards; or the maximum volatile organic
vapor pressure for a hazardous waste in a tank and comparing the results to the applicable
standards.
Waste stabilization process means any physical or chemical process used to either
reduce the mobility of hazardous constituents in a hazardous waste or eliminate free
liquids as determined by Test Method 9095B (Paint Filter Liquids Test) in '' Test
Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-
846, as incorporated by reference in Sec. 260.11. A waste stabilization process includes
mixing the hazardous waste with binders or other materials, and curing the resulting
hazardous waste and binder mixture. Other synonymous terms used to refer to this
process are "waste fixation" or "waste solidification." This does not include the adding
of absorbent materials to the surface of a waste, without mixing, agitation, or subsequent
curing, to absorb free liquid.
[59 FR 62935, Dec. 6, 1994, as amended at 61 FR 4914, Feb. 9, 1996; 61
FR 59971, Nov. 25, 1996; 62 FR 64662, Dec. 8, 1997]
§265.1082: Schedule for implementation of air emission standards.
(a) Owners or operators of facilities existing on December 6, 1996 and subject to subparts
I, J, and K of this part shall meet the following requirements:
(1) Install and begin operation of all control equipment or waste management units
required to comply with this subpart and complete modifications of production or
treatment processes to satisfy exemption criteria in accordance with Sec. 265.1083(c) of
this subpart by December 6, 1996, except as provided for in paragraph (a)(2) of this
section.
(2) When control equipment or waste management units required to comply with this
subpart cannot be installed and in operation or modifications of production or treatment
processes to satisfy exemption criteria in accordance with Sec. 265.1083(c) of this
subpart cannot be completed by December 6, 1996, the owner or operator shall:
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(i) Install and begin operation of the control equipment and waste management units, and
complete modifications of production or treatment processes as soon as possible but no
later than December 8, 1997.
(ii) Prepare an implementation schedule that includes the following information: specific
calendar dates for award of contracts or issuance of purchase orders for control
equipment, waste management units, and production or treatment process modifications;
initiation of on-site installation of control equipment or waste management units, and
modifications of production or treatment processes; completion of control equipment or
waste management unit installation, and production or treatment process modifications;
and performance of testing to demonstrate that the installed equipment or waste
management units, and modified production or treatment processes meet the applicable
standards of this subpart.
(iii) For facilities subject to the recordkeeping requirements of Sec. 265.73 of this part,
the owner or operator shall enter the implementation schedule specified in paragraph
(a)(2)(ii) of this section in the operating record no later than December 6, 1996.
(iv) For facilities not subject to Sec. 265.73 of this part, the owner or operator shall enter
the implementation schedule specified in paragraph (a)(2)(ii) of this section in a
permanent, readily available file located at the facility no later than December 6, 1996.
(b) Owners or operators of facilities and units in existence on the effective date of a
statutory or EPA regulatory amendment that renders the facility subject to subparts I, J, or
K of this part shall meet the following requirements:
(1) Install and begin operation of control equipment or waste management units required
to comply with this subpart, and complete modifications of production or treatment
processes to satisfy exemption criteria of Sec. 265.1083(c) of this subpart by the effective
date of the amendment, except as provided for in paragraph (b)(2) of this section.
(2) When control equipment or waste management units required to comply with this
subpart cannot be installed and begin operation, or when modifications of production or
treatment processes to satisfy exemption criteria of Sec. 265.1083(c) of this subpart
cannot be completed by the effective date of the amendment, the owner or operator shall:
(i) Install and begin operation of the control equipment or waste management unit, and
complete modification of production or treatment processes as soon as possible but no
later than 30 months after the effective date of the amendment.
(ii) For facilities subject to the recordkeeping requirements of Sec. 265.73 of this part,
enter and maintain the implementation schedule specified in paragraph (a)(2)(ii) of this
section in the operating record no later than the effective date of the amendment, or
(iii) For facilities not subject to Sec. 265.73 of this part, the owner or operator shall enter
and maintain the implementation schedule specified in paragraph (a)(2)(ii) of this section
in a permanent, readily available file located at the facility site no later than the effective
date of the amendment.
(c) Owners and operators of facilities and units that become newly subject to the
requirements of this subpart after December 8, 1997 due to an action other than those
described in paragraph (b) of this section must comply with all applicable requirements
immediately (i.e., must have control devices installed and operating on the date the
facility or unit becomes subject to this subpart; the 30-month implementation schedule
does not apply).
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(d) The Regional Administrator may elect to extend the implementation date for control
equipment at a facility, on a case by case basis, to a date later than December 8, 1997,
when special circumstances that are beyond the facility owner's or operator's control
delay installation or operation of control equipment, and the owner or operator has made
all reasonable and prudent attempts to comply with the requirements of this subpart.
[62 FR 64662, Dec. 8, 1997]
§265.1083: Standards: General.
(a) This section applies to the management of hazardous waste in tanks, surface
impoundments, and containers subject to this subpart.
(b) The owner or operator shall control air pollutant emissions from each hazardous
waste management unit in accordance with standards specified in Sec. Sec. 265.1085
through 265.1088 of this subpart, as applicable to the hazardous waste management unit,
except as provided for in paragraph (c) of this section.
(c) A tank, surface impoundment, or container is exempt from standards specified in Sec.
265.1085 through Sec. 265.1088 of this subpart, as applicable, provided that the waste
management unit is one of the following:
(1) A tank, surface impoundment, or container for which all hazardous waste entering the
unit has an average VO concentration at the point of waste origination of less than 500
parts per million by weight (ppmw). The average VO concentration shall be determined
using the procedures specified in Sec. 265.1084(a) of this subpart. The owner or operator
shall review and update, as necessary, this determination at least once every 12 months
following the date of the initial determination for the hazardous waste streams entering
the unit.
(2) A tank, surface impoundment, or container for which the organic content of all the
hazardous waste entering the waste management unit has been reduced by an organic
destruction or removal process that achieves any one of the following conditions:
(i) A process that removes or destroys the organics contained in the hazardous waste to a
level such that the average VO concentration of the hazardous waste at the point of waste
treatment is less than the exit concentration limit (Ct) established for the process. The
average VO concentration of the hazardous waste at the point of waste treatment and the
exit concentration limit for the process shall be determined using the procedures specified
in Sec. 265.1084(b) of this subpart.
(ii) A process that removes or destroys the organics contained in the hazardous waste to a
level such that the organic reduction efficiency (R) for the process is equal to or greater
than 95 percent, and the average VO concentration of the hazardous waste at the point of
waste treatment is less than 100 ppmw. The organic reduction efficiency for the process
and the average VO concentration of the hazardous waste at the point of waste treatment
shall be determined using the procedures specified in Sec. 265.1084(b) of this subpart.
(iii) A process that removes or destroys the organics contained in the hazardous waste to
a level such that the actual organic mass removal rate (MR) for the process is equal to or
greater than the required organic mass removal rate (RMR) established for the process.
The required organic mass removal rate and the actual organic mass removal rate for the
process shall be determined using the procedures specified in Sec. 265.1084(b) of this
subpart.
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(iv) A biological process that destroys or degrades the organics contained in the
hazardous waste, such that either of the following conditions is met:
(A) The organic reduction efficiency (R) for the process is equal to or greater than 95
percent, and the organic biodegradation efficiency (Rbio) for the process is equal to or
greater than 95 percent. The organic reduction efficiency and the organic biodegradation
efficiency for the process shall be determined using the procedures specified in Sec.
265.1084(b) of this subpart.
(B) The total actual organic mass biodegradation rate (MRbi0) for all hazardous waste
treated by the process is equal to or greater than the required organic mass removal rate
(RMR). The required organic mass removal rate and the actual organic mass
biodegradation rate for the process shall be determined using the procedures specified in
Sec. 265.1084ft)) of this subpart.
(v) A process that removes or destroys the organics contained in the hazardous waste and
meets all of the following conditions:
(A) From the point of waste origination through the point where the hazardous waste
enters the treatment process, the hazardous waste is managed continuously in waste
management units which use air emission controls in accordance with the standards
specified in Sec. 265.1085 through Sec. 265.1088 of this subpart, as applicable to the
waste management unit.
(B) From the point of waste origination through the point where the hazardous waste
enters the treatment process, any transfer of the hazardous waste is accomplished through
continuous hard-piping or other closed system transfer that does not allow exposure of
the waste to the atmosphere. The EPA considers a drain system that meets the
requirements of 40 CFR part 63, subpart RR-National Emission Standards for
Individual Drain Systems to be a closed system.
(C) The average VO concentration of the hazardous waste at the point of waste treatment
is less than the lowest average VO concentration at the point of waste origination
determined for each of the individual waste streams entering the process or 500 ppmw,
whichever value is lower. The average VO concentration of each individual waste stream
at the point of waste origination shall be determined using the procedures specified in
Sec. 265.1084(a) of this subpart. The average VO concentration of the hazardous waste at
the point of waste treatment shall be determined using the procedures specified in Sec.
265.1084(b) of this subpart.
(vi) A process that removes or destroys the organics contained in the hazardous waste to
a level such that the organic reduction efficiency (R) for the process is equal to or greater
than 95 percent and the owner or operator certifies that the average VO concentration at
the point of waste origination for each of the individual waste streams entering the
process is less than 10,000 ppmw. The organic reduction efficiency for the process and
the average VO concentration of the hazardous waste at the point of waste origination
shall be determined using the procedures specified in Sec. 265.1084(b) and Sec.
265.1084(a) of this subpart, respectively.
(vii) A hazardous waste incinerator for which the owner or operator has either:
(A) Been issued a final permit under 40 CFR part 270 which implements the
requirements of 40 CFR part 264, subpart O; or
(B) Has designed and operates the incinerator in accordance with the interim status
requirements of subpart O of this part.
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(viii) A boiler or industrial furnace for which the owner or operator has either:
(A) Been issued a final permit under 40 CFR part 270 which implements the
requirements of 40 CFR part 266, subpart H, or
(B) Has designed and operates the boiler or industrial furnace in accordance with the
interim status requirements of 40 CFR part 266, subpart H.
(ix) For the purpose of determining the performance of an organic destruction or removal
process in accordance with the conditions in each of paragraphs (c)(2)(i) through
(c)(2)(vi) of this section, the owner or operator shall account for VO concentrations
determined to be below the limit of detection of the analytical method by using the
following VO concentration:
(A) If Method 25D in 40 CFR part 60, appendix A is used for the analysis, one-half the
blank value determined in the method at section 4.4 of Method 25D in 40 CFR part 60,
appendix A, or a value of 25 ppmw, whichever is less.
(B) If any other analytical method is used, one-half the sum of the limits of detection
established for each organic constituent in the waste that has a Henry's law constant value
at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X)
[which can also be expressed as l.SxlO"6 atmospheres/gram-mole/m3] at 25 degrees
Celsius.
(3) A tank or surface impoundment used for biological treatment of hazardous waste in
accordance with the requirements of paragraph (c)(2)(iv) of this section.
(4) A tank, surface impoundment, or container for which all hazardous waste placed in
the unit either:
(i) Meets the numerical concentration limits for organic hazardous constituents,
applicable to the hazardous waste, as specified in 40 CFR part 268—Land Disposal
Restrictions under Table '' Treatment Standards for Hazardous Waste" in 40 CFR 268.40;
or
(ii) The organic hazardous constituents in the waste have been treated by the treatment
technology established by the EPA for the waste in 40 CFR 268.42(a), or have been
removed or destroyed by an equivalent method of treatment approved by EPA pursuant
to40CFR268.42(¥).
(5) A tank used for bulk feed of hazardous waste to a waste incinerator and all of the
following conditions are met:
(i) The tank is located inside an enclosure vented to a control device that is designed and
operated in accordance with all applicable requirements specified under 40 CFR part 61,
subpart FF—National Emission Standards for Benzene Waste Operations for a facility at
which the total annual benzene quantity from the facility waste is equal to or greater than
10 megagrams per year;
(ii) The enclosure and control device serving the tank were installed and began operation
prior to November 25, 1996; and
(iii) The enclosure is designed and operated in accordance with the criteria for a
permanent total enclosure as specified in "Procedure T-Criteria for and Verification of a
Permanent or Temporary Total Enclosure" under 40CFR 52.741, Appendix B. The
enclosure may have permanent or temporary openings to allow worker access; passage of
material into or out of the enclosure by conveyor, vehicles, or other mechanical or
electrical equipment; or to direct air flow into the enclosure. The owner or operator shall
perform the verification procedure for the enclosure as specified in Section 5.0 to
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"Procedure T—Criteria for and Verification of a Permanent or Temporary Total
Enclosure" annually.
(d) The Regional Administrator may at any time perform or request that the owner or
operator perform a waste determination for a hazardous waste managed in a tank, surface
impoundment, or container exempted from using air emission controls under the
provisions of this section as follows:
(1) The waste determination for average VO concentration of a hazardous waste at the
point of waste origination shall be performed using direct measurement in accordance
with the applicable requirements of Sec. 265.1084(a) of this subpart. The waste
determination for a hazardous waste at the point of waste treatment shall be performed in
accordance with the applicable requirements of Sec. 265.1084(b) of this subpart.
(2) In performing a waste determination pursuant to paragraph (d)(l) of this section, the
sample preparation and analysis shall be conducted as follows:
(i) In accordance with the method used by the owner or operator to perform the waste
analysis, except in the case specified in paragraph (d)(2)(ii) of this section.
(ii) If the Regional Administrator determines that the method used by the owner or
operator was not appropriate for the hazardous waste managed in the tank, surface
impoundment, or container, then the Regional Administrator may choose an appropriate
method.
(3) In a case when the owner or operator is requested to perform the waste determination,
the Regional Administrator may elect to have an authorized representative observe the
collection of the hazardous waste samples used for the analysis.
(4) In a case when the results of the waste determination performed or requested by the
Regional Administrator do not agree with the results of a waste determination performed
by the owner or operator using knowledge of the waste, then the results of the waste
determination performed in accordance with the requirements of paragraph (d)(l) of this
section shall be used to establish compliance with the requirements of this subpart.
(5) In a case when the owner or operator has used an averaging period greater than 1 hour
for determining the average VO concentration of a hazardous waste at the point of waste
origination, the Regional Administrator may elect to establish compliance with this
subpart by performing or requesting that the owner or operator perform a waste
determination using direct measurement based on waste samples collected within a 1-
hour period as follows:
(i) The average VO concentration of the hazardous waste at the point of waste origination
shall be determined by direct measurement in accordance with the requirements of Sec.
265.1084(a) of this subpart.
(ii) Results of the waste determination performed or requested by the Regional
Administrator showing that the average VO concentration of the hazardous waste at the
point of waste origination is equal to or greater than 500 ppmw shall constitute
noncompliance with this subpart except in a case as provided for in paragraph (d)(5)(iii)
of this section.
(iii) For the case when the average VO concentration of the hazardous waste at the point
of waste origination previously has been determined by the owner or operator using an
averaging period greater than 1 hour to be less than 500 ppmw but because of normal
operating process variations the VO concentration of the hazardous waste determined by
direct measurement for any given 1-hour period may be equal to or greater than 500
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ppmw, information that was used by the owner or operator to determine the average VO
concentration of the hazardous waste (e.g., test results, measurements, calculations, and
other documentation) and recorded in the facility records in accordance with the
requirements of Sec. 265.1084(a) and Sec. 265.1090 of this subpart shall be considered
by the Regional Administrator together with the results of the waste determination
performed or requested by the Regional Administrator in establishing compliance with
this subpart.
[61 FR 59972, Nov. 25, 1996, as amended at 62 FR 64663, Dec. 8, 1997]
§265.1084: Waste determination procedures.
(a) Waste determination procedure to determine average volatile organic (VO)
concentration of a hazardous waste at the point of waste origination.
(1) An owner or operator shall determine the average VO concentration at the point of
waste origination for each hazardous waste placed in a waste management unit exempted
under the provisions of Sec. 265.1083(c)(l) of this subpart from using air emission
controls in accordance with standards specified in Sec. 265.1085 through Sec.
265.1088 of this subpart, as applicable to the waste management unit.
(i) An initial determination of the average VO concentration of the waste stream shall be
made before the first time any portion of the material in the hazardous waste stream is
placed in a waste management unit exempted under the provisions of Sec. 265.1083(c)(l)
of this subpart from using air emission controls, and thereafter an initial determination of
the average VO concentration of the waste stream shall be made for each averaging
period that a hazardous waste is managed in the unit; and
(ii) Perform a new waste determination whenever changes to the source generating the
waste stream are reasonably likely to cause the average VO concentration of the
hazardous waste to increase to a level that is equal to or greater than the VO
concentration limit specified in Sec. 265.1083(c)0) of this subpart.
(2) For a waste determination that is required by paragraph (a)(l) of this section, the
average VO concentration of a hazardous waste at the point of waste origination shall be
determined using either direct measurement as specified in paragraph (a)(3) of this
section or by knowledge as specified in paragraph (a)(4) of this section.
(3) Direct measurement to determine average VO concentration of a hazardous waste at
the point of waste origination.
(i) Identification. The owner or operator shall identify and record the point of waste
origination for the hazardous waste.
(ii) Sampling. Samples of the hazardous waste stream shall be collected at the point of
waste origination in a manner such that volatilization of organics contained in the waste
and in the subsequent sample is minimized and an adequately representative sample is
collected and maintained for analysis by the selected method.
(A) The averaging period to be used for determining the average VO concentration for
the hazardous waste stream on a mass-weighted average basis shall be designated and
recorded. The averaging period can represent any time interval that the owner or operator
determines is appropriate for the hazardous waste stream but shall not exceed 1 year.
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(B) A sufficient number of samples, but no less than four samples, shall be collected and
analyzed for a hazardous waste determination. All of the samples for a given waste
determination shall be collected within a one-hour period. The average of the four or
more sample results constitutes a waste determination for the waste stream. One or more
waste determinations may be required to represent the complete range of waste
compositions and quantities that occur during the entire averaging period due to normal
variations in the operating conditions for the source or process generating the hazardous
waste stream. Examples of such normal variations are seasonal variations in waste
quantity or fluctuations in ambient temperature.
(C) All samples shall be collected and handled in accordance with written procedures
prepared by the owner or operator and documented in a site sampling plan. This plan
shall describe the procedure by which representative samples of the hazardous waste
stream are collected such that a minimum loss of organics occurs throughout the sample
collection and handling process, and by which sample integrity is maintained. A copy of
the written sampling plan shall be maintained on-site in the facility operating records. An
example of acceptable sample collection and handling procedures for a total volatile
organic constituent concentration may be found in Method 25D in 40 CFR part 60,
appendix A.
(D) Sufficient information, as specified in the "site sampling plan" required under
paragraph (a)(3)(ii)(C) of this section, shall be prepared and recorded to document the
waste quantity represented by the samples and, as applicable, the operating conditions for
the source or process generating the hazardous waste represented by the samples.
(iii) Analysis. Each collected sample shall be prepared and analyzed in accordance with
Method 25D in 40 CFR part 60, appendix A for the total concentration of volatile organic
constituents, or using one or more methods when the individual organic compound
concentrations are identified and summed and the summed waste concentration accounts
for and reflects all organic compounds in the waste with Henry's law constant values at
least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X)
[which can also be expressed as 1.8 x 10"6 atmospheres/gram-mole/m3] at 25 degrees
Celsius. At the owner or operator's discretion, the owner or operator may adjust test data
obtained by any appropriate method to discount any contribution to the total volatile
organic concentration that is a result of including a compound with a Henry's law
constant value of less than 0.1 Y/X at 25 degrees Celsius. To adjust these data, the
measured concentration of each individual chemical constituent contained in the waste is
multiplied by the appropriate constituent-specific adjustment factor (fm25o). If the owner
or operator elects to adjust test data, the adjustment must be made to all individual
chemical constituents with a Henry's law constant value greater than or equal to 0.1 Y/X
at 25 degrees Celsius contained in the waste. Constituent-specific adjustment factors
(fm25o) can be obtained by contacting the Waste and Chemical Processes Group, Office of
Air Quality Planning and Standards, Research Triangle Park, NC 27711. Other test
methods may be used if they meet the requirements in paragraph (a)(3)(iii)(A) or (B) of
this section and provided the requirement to reflect all organic compounds in the waste
with Henry's law constant values greater than or equal to 0.1 Y/X [which can also be
expressed as 1.8 x 10"6 atmospheres/gram-mole/m3] at 25 degrees Celsius, is met.
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(A) Any EPA standard method that has been validated in accordance with "Alternative
Validation Procedure for EPA Waste and Wastewater Methods," 40 CFR part 63,
appendix D.
(B) Any other analysis method that has been validated in accordance with the
procedures specified in Section 5.1 or Section 5.3, and the corresponding calculations in
Section 6. 1 or Section 6.3, of Method 301 in 40 CFR part 63, appendix A. The data are
acceptable if they meet the criteria specified in Section 6.1.5 or Section 6.3.3 of Method
301. If correction is required under section 6.3.3 of Method 301, the data are acceptable if
the correction factor is within the range 0.7 to 1.30. Other sections of Method 301 are not
required.
(iv) Calculations.
(A) The average VO concentration (C) on a mass-weighted basis shall be calculated by
using the results for all waste determinations conducted in accordance with paragraphs
(a)(3) (ii) and (iii) of this section and the following equation:
where:
C = Average VO concentration of the hazardous waste at the point of waste origination
on a mass-weighted basis, ppmw.
i = Individual waste determination "i" of the hazardous waste.
n = Total number of waste determinations of the hazardous waste conducted for the
averaging period (not to exceed 1 year).
Qi = Mass quantity of hazardous waste stream represented by Ci, kg/hr.
QT = Total mass quantity of hazardous waste during the averaging period, kg/hr.
C; = Measured VO concentration of waste determination "i" as determined in accordance
with the requirements of paragraph (a)(3)(iii) of this section (i.e. the average of the four
or more samples specified in paragraph (a)(3)(ii)(B) of this section), ppmw.
(B) For the purpose of determining C;, for individual waste samples analyzed in
accordance with paragraph (a)(3)(iii) of this section, the owner or operator shall account
for VO concentrations determined to be below the limit of detection of the analytical
method by using the following VO concentration:
(1) If Method 25D in 40 CFR part 60, Appendix A is used for the analysis, one-half the
blank value determined in the method at section 4.4 of Method 25D in 40 CFR part 60,
appendix A.
(2) If any other analytical method is used, one-half the sum of the limits of detection
established for each organic constituent in the waste that has a Henry's law constant
values at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1
Y/X) [which can also be expressed as l.SxlO"6 atmospheres/gram-mole/m3] at 25 degrees
Celsius.
(v) Provided that the test method is appropriate for the waste as required under paragraph
(a)(3)(iii) of this section, the EPA will determine compliance based on the test method
used by the owner or operator as recorded pursuant to Sec. 265.1090(f)(l) of this subpart.
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(4) Use of owner or operator knowledge to determine average VO concentration of a
hazardous waste at the point of waste origination.
(i) Documentation shall be prepared that presents the information used as the basis for the
owner's or operator's knowledge of the hazardous waste stream's average VO
concentration. Examples of information that may be used as the basis for knowledge
include: Material balances for the source or process generating the hazardous waste
stream; constituent-specific chemical test data for the hazardous waste stream from
previous testing that are still applicable to the current waste stream; previous test data for
other locations managing the same type of waste stream; or other knowledge based on
information included in manifests, shipping papers, or waste certification notices.
(ii) If test data are used as the basis for knowledge, then the owner or operator shall
document the test method, sampling protocol, and the means by which sampling
variability and analytical variability are accounted for in the determination of the average
VO concentration. For example, an owner or operator may use organic concentration test
data for the hazardous waste stream that are validated in accordance with Method 301 in
40 CFR part 63, appendix A as the basis for knowledge of the waste.
(iii) An owner or operator using chemical constituent-specific concentration test data as
the basis for knowledge of the hazardous waste may adjust the test data to the
corresponding average VO concentration value which would have been obtained had the
waste samples been analyzed using Method 25D in 40 CFR part 60, appendix A. To
adjust these data, the measured concentration for each individual chemical constituent
contained in the waste is multiplied by the appropriate constituent-specific adjustment
factor (fm25D).
(iv) In the event that the Regional Administrator and the owner or operator disagree on a
determination of the average VO concentration for a hazardous waste stream using
knowledge, then the results from a determination of average VO concentration using
direct measurement as specified in paragraph (a)(3) of this section shall be used to
establish compliance with the applicable requirements of this subpart. The Regional
Administrator may perform or request that the owner or operator perform this
determination using direct measurement. The owner or operator may choose one or more
appropriate methods to analyze each collected sample in accordance with the
requirements of paragraph (a)(3)(iii) of this section.
(b) Waste determination procedures for treated hazardous waste.
(1) An owner or operator shall perform the applicable waste determination for each
treated hazardous waste placed in a waste management unit exempted under the
provisions of Sec. 265.1083 (c)(2)(i) through (c)(2)(vi) of this subpart from using air
emission controls in accordance with standards specified in Sec. Sec. 265.1085 through
265.1088 of this subpart, as applicable to the waste management unit.
(i) An initial determination of the average VO concentration of the waste stream shall be
made before the first time any portion of the material in the treated waste stream is placed
in a waste management unit exempted under the provisions of Sec. 265.1083(c)(2), Sec.
265.1083(c)(3), or Sec. 265.1083 (c)(4) of this subpart from using air emission controls,
and thereafter update the information used for the waste determination at least once every
12 months following the date of the initial waste determination; and
(ii) Perform a new waste determination whenever changes to the process generating or
treating the waste stream are reasonably likely to cause the average VO concentration of
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the hazardous waste to increase to a level such that the applicable treatment conditions
specified in Sec. 265.1083 (c)(2). Sec. 2651083 (c)(3), or Sec. 265.1083 (c)(4) of this
subpart are not achieved.
(2) The owner or operator shall designate and record the specific provision in Sec.
265.1083(c)(2) of this subpart under which the waste determination is being performed.
The waste determination for the treated hazardous waste shall be performed using the
applicable procedures specified in paragraphs (b)(3) through (b)(9) of this section.
(3) Procedure to determine the average VO concentration of a hazardous waste at the
point of waste treatment.
(i) Identification. The owner or operator shall identify and record the point of waste
treatment for the hazardous waste.
(ii) Sampling. Samples of the hazardous waste stream shall be collected at the point of
waste treatment in a manner such that volatilization of organics contained in the waste
and in the subsequent sample is minimized and an adequately representative sample is
collected and maintained for analysis by the selected method.
(A) The averaging period to be used for determining the average VO concentration for
the hazardous waste stream on a mass-weighted average basis shall be designated and
recorded. The averaging period can represent any time interval that the owner or operator
determines is appropriate for the hazardous waste stream but shall not exceed 1 year.
(B) A sufficient number of samples, but no less than four samples, shall be collected and
analyzed for a hazardous waste determination. All of the samples for a given waste
determination shall be collected within a one-hour period. The average of the four or
more sample results constitutes a waste determination for the waste stream. One or more
waste determinations may be required to represent the complete range of waste
compositions and quantities that occur during the entire averaging period due to normal
variations in the operating conditions for the process generating or treating the hazardous
waste stream. Examples of such normal variations are seasonal variations in waste
quantity or fluctuations in ambient temperature.
(C) All samples shall be collected and handled in accordance with written procedures
prepared by the owner or operator and documented in a site sampling plan. This plan
shall describe the procedure by which representative samples of the hazardous waste
stream are collected such that a minimum loss of organics occurs throughout the sample
collection and handling process, and by which sample integrity is maintained. A copy of
the written sampling plan shall be maintained on-site in the facility operating records. An
example of acceptable sample collection and handling procedures for a total volatile
organic constituent concentration may be found in Method 25D in 40 CFR part 60,
appendix A.
(D) Sufficient information, as specified in the "site sampling plan" required under
paragraph (C) of (b)(3)(ii)this section, Sec. 265.1084(b)(3)(iiX shall be prepared and
recorded to document the waste quantity represented by the samples and, as applicable,
the operating conditions for the process treating the hazardous waste represented by the
samples.
(iii) Analysis. Each collected sample shall be prepared and analyzed in accordance with
Method 25D in 40 CFR part 60, appendix A for the total concentration of volatile organic
constituents, or using one or more methods when the individual organic compound
concentrations are identified and summed and the summed waste concentration accounts
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for and reflects all organic compounds in the waste with Henry's law constant values at
least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X)
[which can also be expressed as 1.8 x 10"6 atmospheres/gram-mole/m3] at 25 degrees
Celsius.
When the owner or operator is making a waste determination for a treated hazardous
waste that is to be compared to an average VO concentration at the point of waste
origination or the point of waste entry to the treatment system to determine if the
conditions of Sec. 264J082(c)(2)(i) through (c)(2)(vi) of this chapter, or Sec.
265.1 083 (c)(2)(i) through (c)(2)(vi) of this subpart are met, then the waste samples shall
be prepared and analyzed using the same method or methods as were used in making the
initial waste determinations at the point of waste origination or at the point of entry to the
treatment system. At the owner or operator's discretion, the owner or operator may adjust
test data obtained by any appropriate method to discount any contribution to the total
volatile organic concentration that is a result of including a compound with a Henry's law
constant value less than 0.1 Y/X at 25 degrees Celsius. To adjust these data, the measured
concentration of each individual chemical constituent in the waste is multiplied by the
appropriate constituent-specific adjustment factor (fm25o). If the owner or operator elects
to adjust test data, the adjustment must be made to all individual chemical constituents
with a Henry's law constant value greater than or equal to 0. 1 Y/X at 25 degrees Celsius
contained in the waste. Constituent-specific adjustment factors (fm25o) can be obtained by
contacting the Waste and Chemical Processes Group, Office of Air Quality Planning and
Standards, Research Triangle Park, NC 2771 1. Other test methods may be used if they
meet the requirements in paragraph (a)(3)(iii)(A) or (B) of this section and provided the
requirement to reflect all organic compounds in the waste with Henry's law constant
values greater than or equal to 0. 1 Y/X [which can also be expressed as 1 .8 x 10"6
atmospheres/gram-mole/m3] at 25 degrees Celsius, is met.
(A) Any EPA standard method that has been validated in accordance with "Alternative
Validation Procedure for EPA Waste and Wastewater Methods," 40 CFR part 63.
appendix D.
(B) Any other analysis method that has been validated in accordance with the
procedures specified in Section 5.1 or Section 5.3, and the corresponding calculations in
Section 6. 1 or Section 6.3, of Method 301 in 40 CFR part 63, appendix A. The data are
acceptable if they meet the criteria specified in Section 6.1.5 or Section 6.3.3 of Method
301. If correction is required under section 6.3.3 of Method 301, the data are acceptable if
the correction factor is within the range 0.7 to 1.30. Other sections of Method 301 are not
required.
(iv) Calculations. The average VO concentration (C) on a mass-weighted basis shall be
calculated by using the results for all waste determinations conducted in accordance with
paragraphs (b)(3)(ii) and (iii) of this section and the following equation:
where:
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C=Average VO concentration of the hazardous waste at the point of waste treatment on a
mass-weighted basis, ppmw.
i=Individual waste determination "i" of the hazardous waste.
n=Total number of waste determinations of the hazardous waste conductedfor the
averaging period (not to exceed 1 year).
Qi=Mass quantity of hazardous waste stream represented by Q, kg/hr.
Qx=Total mass quantity of hazardous waste during the averaging period, kg/hr.
Ci=Measured VO concentration of waste determination "i" as determined in accordance
with the requirements of paragraph (b)(3)(iii) of this section (i.e. the average of the four
or more samples specified in paragraph (b)(3)(ii)(B) of this section), ppmw.
(v) Provided that the test method is appropriate for the waste as required under paragraph
(b)(3)(iii) of this section, compliance shall be determined based on the test method used
by the owner or operator as recorded pursuant to Sec. 265.1090(f)(l) of this subpart.
(4) Procedure to determine the exit concentration limit (Ct) for a treated hazardous waste.
(i) The point of waste origination for each hazardous waste treated by the process at the
same time shall be identified.
(ii) If a single hazardous waste stream is identified in paragraph (b)(4)(i) of this section,
then the exit concentration limit (Ct) shall be 500 ppmw.
(iii) If more than one hazardous waste stream is identified in paragraph (b)(4)(i) of this
section, then the average VO concentration of each hazardous waste stream at the point
of waste origination shall be determined in accordance with the requirements of
paragraph (a) of this section. The exit concentration limit (Ct) shall be calculated by using
the results determined for each individual hazardous waste stream and the following
equation:
c =-
X(0, x 500 ppmw
y=l
Where:
Ct = Exit concentration limit for treated hazardous waste, ppmw.
x = Individual hazardous waste stream "x" that has an average VO concentration less
than 500 ppmw at the point of waste origination as determined in accordance with the
requirements of Sec. 265.1084(a) of this subpart.
y = Individual hazardous waste stream "y" that has an average VO concentration equal to
or greater than 500 ppmw at the point of waste origination as determined in accordance
with the requirements of Sec. 265.1084(a) of this subpart.
m = Total number of "x" hazardous waste streams treated by process.
n = Total number of "y" hazardous waste streams treated by process.
Qx = Annual mass quantity of hazardous waste stream "x," kg/yr.
Qy = Annual mass quantity of hazardous waste stream "y," kg/yr.
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Cx = Average VO concentration of hazardous waste stream "x" at the point of waste
origination as determined in accordance with the requirements of Sec. 265.1084(a) of this
subpart, ppmw.
(5) Procedure to determine the organic reduction efficiency (R) for a treated hazardous
waste.
(i) The organic reduction efficiency (R) for a treatment process shall be determined based
on results for a minimum of three consecutive runs.
(ii) All hazardous waste streams entering the treatment process and all hazardous waste
streams exiting the treatment process shall be identified. The owner or operator shall
prepare a sampling plan for measuring these streams that accurately reflects the retention
time of the hazardous waste in the process.
(iii) For each run, information shall be determined for each hazardous waste stream
identified in paragraph (b)(5)(ii) of this section using the following procedures:
(A) The mass quantity of each hazardous waste stream entering the process (Qb) and the
mass quantity of each hazardous waste stream exiting the process (Qa) shall be
determined.
(B) The average VO concentration at the point of waste origination of each hazardous
waste stream entering the process (Q,) during the run shall be determined in accordance
with the requirements of paragraph (a)(3) of this section. The average VO concentration
at the point of waste treatment of each waste stream exiting the process (Ca) during the
run shall be determined in accordance with the requirements of paragraph (b)(3) of this
section.
(iv) The waste volatile organic mass flow entering the process (Eb) and the waste volatile
organic mass flow exiting the process (Ea) shall be calculated by using the results
determined in accordance with paragraph (b)(5)(iii) of this section and the following
equations:
10 j=
1 * , _ ,
Ea=T^H^xCajJ
1U J=[
Where:
Ea = Waste volatile organic mass flow exiting process, kg/hr.
Eb = Waste volatile organic mass flow entering process, kg/hr.
m = Total number of runs (at least 3)
j = Individual run "j"
Qb = Mass quantity of hazardous waste entering process during run "j," kg/hr.
Qa = Average mass quantity of hazardous waste exiting process during run "j," kg/hr.
Ca= Average VO concentration of hazardous waste exiting process during run "j" as
determined in accordance with the requirements of Sec. 265.1084(b)(3) of this subpart,
ppmw.
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Cb = Average VO concentration of hazardous waste entering process during run "j" as
determined in accordance with the requirements of Sec. 265.1084(a)(3) of this subpart,
ppmw.
(v) The organic reduction efficiency of the process shall be calculated by using the results
determined in accordance with paragraph (b)(5)(iv) of this section and the following
equation:
R= b~ a
Where:
R = Organic reduction efficiency, percent.
Eb = Waste volatile organic mass flow entering process as determined in accordance with
the requirements of paragraph (b)(5)(iv) of this section, kg/hr.
Ea = Waste volatile organic mass flow exiting process as determined in accordance with
the requirements of paragraph (b)(5)(iv) of this section, kg/hr.
(6) Procedure to determine the organic biodegradation efficiency (Rbio) for a treated
hazardous waste.
(i) The fraction of organics biodegraded (Fb;0) shall be determined using the procedure
specified in 40 CFRpart 63, appendix C of this chapter.
(ii) The Rbio shall be calculated by using the following equation:
Where:
Rbio = Organic biodegradation efficiency, percent.
Fbio = Fraction of organic biodegraded as determined in accordance with the requirements
of paragraph (b)(6)(i) of this section.
(7) Procedure to determine the required organic mass removal rate (RMR) for a treated
hazardous waste.
(i) All of the hazardous waste streams entering the treatment process shall be identified.
(ii) The average VO concentration of each hazardous waste stream at the point of waste
origination shall be determined in accordance with the requirements of paragraph (a) of
this section.
(iii) For each individual hazardous waste stream that has an average VO concentration
equal to or greater than 500 ppmw at the point of waste origination, the average
volumetric flow rate and the density of the hazardous waste stream at the point of waste
origination shall be determined.
(iv) The RMR shall be calculated by using the average VO concentration, average
volumetric flow rate, and density determined for each individual hazardous waste stream,
and the following equation:
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(C-500 ppmw)
V.. x k,, x— ; '-
Where:
RMR = Required organic mass removal rate, kg/hr.
y = Individual hazardous waste stream "y" that has an average VO concentration equal to
or greater than 500 ppmw at the point of waste origination as determined in accordance
with the requirements of Sec. 265.1084(a) of this subpart.
n = Total number of "y" hazardous waste streams treated by process.
Vy = Average volumetric flow rate of hazardous waste stream "y" at the point of waste
origination, m3/hr.
ky = Density of hazardous waste stream "y," kg/m3
Cy = Average VO concentration of hazardous waste stream "y" at the point of waste
origination as determined in accordance with the requirements of Sec. 265.1084(a) of this
subpart, ppmw.
(8) Procedure to determine the actual organic mass removal rate (MR) for a treated
hazardous waste.
(i) The MR shall be determined based on results for a minimum of three consecutive
runs. The sampling time for each run shall be 1 hour.
(ii) The waste volatile organic mass flow entering the process (Eb) and the waste volatile
organic mass flow exiting the process (Ea) shall be determined in accordance with the
requirements of paragraph (b)(5)(iv) of this section.
(iii) The MR shall be calculated by using the mass flow rate determined in accordance
with the requirements of paragraph (b)(8)(ii) of this section and the following equation:
MR=Eb-Ea
Where:
MR=Actual organic mass removal rate, kg/hr.
Eb=Waste volatile organic mass flow entering process as determined in accordance with
the requirements of paragraph (b)(5)(iv) of this section, kg/hr.
Ea=Waste volatile organic mass flow exiting process as determined in accordance with
the requirements of paragraph (b)(5)(iv) of this section, kg/hr.
(9) Procedure to determine the actual organic mass biodegradation rate (MRb;0) for a
treated hazardous waste.
(i) The MRbio shall be determined based on results for a minimum of three consecutive
runs. The sampling time for each run shall be 1 hour.
(ii) The waste organic mass flow entering the process (Eb) shall be determined in
accordance with the requirements of paragraph (b)(5)(iv) of this section.
(iii) The fraction of organic biodegraded (Fbio) shall be determined using the procedure
specified in 40 CFRpart 63, appendix C of this chapter.
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(iv) The MRbio shall be calculated by using the mass flow rates and fraction of organic
biodegraded determined in accordance with the requirements of paragraphs (b)(9)(ii) and
(b)(9)(iii) of this section, respectively, and the following equation:
Where:
MRbio=Actual organic mass biodegradation rate, kg/hr.
Eb=Waste organic mass flow entering process as determined in accordance with the
requirements of paragraph (b)(5)(iv) of this section, kg/hr.
Fbio=Fraction of organic biodegraded as determined in accordance with the requirements
of paragraph (b)(9)(iii) of this section.
(c) Procedure to determine the maximum organic vapor pressure of a hazardous waste in
a tank.
(1) An owner or operator shall determine the maximum organic vapor pressure for each
hazardous waste placed in a tank using Tank Level 1 controls in accordance with the
standards specified in Sec. 265.1085(c) of this subpart.
(2) An owner or operator shall use either direct measurement as specified in paragraph
(c)(3) of this section or knowledge of the waste as specified by paragraph (c)(4) of this
section to determine the maximum organic vapor pressure which is representative of the
hazardous waste composition stored or treated in the tank.
(3) Direct measurement to determine the maximum organic vapor pressure of a hazardous
waste.
(i) Sampling. A sufficient number of samples shall be collected to be representative of the
waste contained in the tank. All samples shall be collected and handled in accordance
with written procedures prepared by the owner or operator and documented in a site
sampling plan. This plan shall describe the procedure by which representative samples of
the hazardous waste are collected such that a minimum loss of organics occurs
throughout the sample collection and handling process and by which sample integrity is
maintained. A copy of the written sampling plan shall be maintained on-site in the facility
operating records. An example of acceptable sample collection and handling procedures
may be found in Method 25D in 40 CFR part 60, appendix A.
(ii) Analysis. Any appropriate one of the following methods may be used to analyze the
samples and compute the maximum organic vapor pressure of the hazardous waste:
(A) Method 25E in 40 CFR part 60 appendix A;
(B) Methods described in American Petroleum Institute Publication 2517, Third Edition,
February 1989, "Evaporative Loss from External Floating-Roof Tanks," (incorporated by
reference—refer to Sec. 260.11 of this chapter);
(C) Methods obtained from standard reference texts;
(D) ASTM Method 2879-92 (incorporated by reference-refer to Sec. 260.11 of this
chapter); and
(E) Any other method approved by the Regional Administrator.
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(4) Use of knowledge to determine the maximum organic vapor pressure of the hazardous
waste. Documentation shall be prepared and recorded that presents the information used
as the basis for the owner's or operator's knowledge that the maximum organic vapor
pressure of the hazardous waste is less than the maximum vapor pressure limit listed in
Sec. 265^1085 (b)(l)(i) of this subpart for the applicable tank design capacity category.
An example of information that may be used is documentation that the hazardous waste is
generated by a process for which at other locations it previously has been determined by
direct measurement that the waste maximum organic vapor pressure is less than the
maximum vapor pressure limit for the appropriate tank design capacity category.
(d) Procedure for determining no detectable organic emissions for the purpose of
complying with this subpart:
(1) The test shall be conducted in accordance with the procedures specified in Method 21
of 40 CFR part 60, appendix A. Each potential leak interface (i.e., a location where
organic vapor leakage could occur) on the cover and associated closure devices shall be
checked. Potential leak interfaces that are associated with covers and closure devices
include, but are not limited to: The interface of the cover and its foundation mounting; the
periphery of any opening on the cover and its associated closure device; and the sealing
seat interface on a spring-loaded pressure relief valve.
(2) The test shall be performed when the unit contains a hazardous waste having an
organic concentration representative of the range of concentrations for the hazardous
waste expected to be managed in the unit. During the test, the cover and closure devices
shall be secured in the closed position.
(3) The detection instrument shall meet the performance criteria of Method 21 of 40 CFR
part 60, appendix A, except the instrument response factor criteria in section 3.1.2(a) of
Method 21 shall be for the average composition of the organic constituents in the
hazardous waste placed in the waste management unit, not for each individual organic
constituent.
(4) The detection instrument shall be calibrated before use on each day of its use by the
procedures specified in Method 21 of 40 CFR part 60, appendix A.
(5) Calibration gases shall be as follows:
(i) Zero air (less than 10 ppmv hydrocarbon in air), and
(ii) A mixture of methane or n-hexane and air at a concentration of approximately, but
less than, 10,000 ppmv methane or n-hexane.
(6) The background level shall be determined according to the procedures in Method 21
of 40 CFR part 60, appendix A.
(7) Each potential leak interface shall be checked by traversing the instrument probe
around the potential leak interface as close to the interface as possible, as described in
Method 21 of 40 CFR part 60, appendix A. In the case when the configuration of the
cover or closure device prevents a complete traverse of the interface, all accessible
portions of the interface shall be sampled. In the case when the configuration of the
closure device prevents any sampling at the interface and the device is equipped with an
enclosed extension or horn (e.g., some pressure relief devices), the instrument probe inlet
shall be placed at approximately the center of the exhaust area to the atmosphere.
(8) The arithmetic difference between the maximum organic concentration indicated by
the instrument and the background level shall be compared with the value of 500 ppmv
except when monitoring a seal around a rotating shaft that passes through a cover
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opening, in which case the comparison shall be as specified in paragraph (d)(9) of this
section. If the difference is less than 500 ppmv, then the potential leak interface is
determined to operate with no detectable organic emissions.
(9) For the seals around a rotating shaft that passes through a cover opening, the
arithmetic difference between the maximum organic concentration indicated by the
instrument and the background level shall be compared with the value of 10,000 ppmw.
If the difference is less than 10,000 ppmw, then the potential leak interface is determined
to operate with no detectable organic emissions.
[61 FR 59974, Nov. 25, 1996, as amended at 62 FR 64664, Dec. 8, 1997; 64
FR 3390, January 21, 1999]
§265.1085 Standards: Tanks.
(a) The provisions of this section apply to the control of air pollutant emissions from
tanks for which Sec. 265.1083(b) of this subpart references the use of this section for
such air emission control.
(b) The owner or operator shall control air pollutant emissions from each tank subject to
this section in accordance with the following requirements, as applicable:
(1) For a tank that manages hazardous waste that meets all of the conditions specified in
paragraphs (b)(l)(i) through (b)(l)(iii) of this section, the owner or operator shall control
air pollutant emissions from the tank in accordance with the Tank Level 1 controls
specified in paragraph (c) of this section or the Tank Level 2 controls specified in
paragraph (d) of this section.
(i) The hazardous waste in the tank has a maximum organic vapor pressure which is less
than the maximum organic vapor pressure limit for the tank's design capacity category as
follows:
(A) For a tank design capacity equal to or greater than 151 m3, the maximum organic
vapor pressure limit for the tank is 5.2 kPa.
(B) For a tank design capacity equal to or greater than 75 m3 but less than 151 m3, the
maximum organic vapor pressure limit for the tank is 27.6 kPa.
(C) For a tank design capacity less than 75 m3, the maximum organic vapor pressure limit
for the tank is 76.6 kPa.
(ii) The hazardous waste in the tank is not heated by the owner or operator to a
temperature that is greater than the temperature at which the maximum organic vapor
pressure of the hazardous waste is determined for the purpose of complying with
paragraph (b)(l)(i) of this section.
(iii) The hazardous waste in the tank is not treated by the owner or operator using a waste
stabilization process, as defined in Sec. 265.1081 of this subpart.
(2) For a tank that manages hazardous waste that does not meet all of the conditions
specified in paragraphs (b)(l)(i) through (b)(l)(iii) of this section, the owner or operator
shall control air pollutant emissions from the tank by using Tank Level 2 controls in
accordance with the requirements of paragraph (d) of this section. Examples of tanks
required to use Tank Level 2 controls include: A tank used for a waste stabilization
process; and a tank for which the hazardous waste in the tank has a maximum organic
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vapor pressure that is equal to or greater than the maximum organic vapor pressure limit
for the tank's design capacity category as specified in paragraph (b)(l)(i) of this section.
(c) Owners and operators controlling air pollutant emissions from a tank using Tank
Level 1 controls shall meet the requirements specified in paragraphs (c)(l) through (c)(4)
of this section:
(1) The owner or operator shall determine the maximum organic vapor pressure for a
hazardous waste to be managed in the tank using Tank Level 1 controls before the first
time the hazardous waste is placed in the tank. The maximum organic vapor pressure
shall be determined using the procedures specified in Sec. 265.1084(c) of this subpart.
Thereafter, the owner or operator shall perform a new determination whenever changes to
the hazardous waste managed in the tank could potentially cause the maximum organic
vapor pressure to increase to a level that is equal to or greater than the maximum organic
vapor pressure limit for the tank design capacity category specified in paragraph (b)(l)(i)
of this section, as applicable to the tank.
(2) The tank shall be equipped with a fixed roof designed to meet the following
specifications:
(i) The fixed roof and its closure devices shall be designed to form a continuous barrier
over the entire surface area of the hazardous waste in the tank. The fixed roof may be a
separate cover installed on the tank (e.g., a removable cover mounted on an open-top
tank) or may be an integral part of the tank structural design (e.g., a horizontal cylindrical
tank equipped with a hatch).
(ii) The fixed roof shall be installed in a manner such that there are no visible cracks,
holes, gaps, or other open spaces between roof section joints or between the interface of
the roof edge and the tank wall.
(iii) Each opening in the fixed roof, and any manifold system associated with the fixed
roof, shall be either:
(A) Equipped with a closure device designed to operate such that when the closure device
is secured in the closed position there are no visible cracks, holes, gaps, or other open
spaces in the closure device or between the perimeter of the opening and the closure
device; or
(B) Connected by a closed-vent system that is vented to a control device. The control
device shall remove or destroy organics in the vent stream, and shall be operating
whenever hazardous waste is managed in the tank, except as provided for in paragraphs
(c)(2)(iii)(B)(l) and (2) of this section.
(1) During periods it is necessary to provide access to the tank for performing the
activities of paragraph (c)(2)(iii)(B)(2) of this section, venting of the vapor headspace
underneath the fixed roof to the control device is not required, opening of closure devices
is allowed, and removal of the fixed roof is allowed. Following completion of the
activity, the owner or operator shall promptly secure the closure device in the closed
position or reinstall the cover, as applicable, and resume operation of the control device.
(2) During periods of routine inspection, maintenance, or other activities needed for
normal operations, and for the removal of accumulated sludge or other residues from the
bottom of the tank.
(iv) The fixed roof and its closure devices shall be made of suitable materials that will
minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and
will maintain the integrity of the fixed roof and closure devices throughout their intended
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service life. Factors to be considered when selecting the materials for and designing the
fixed roof and closure devices shall include: Organic vapor permeability, the effects of
any contact with the hazardous waste or its vapors managed in the tank; the effects of
outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the
tank on which the fixed roof is installed.
(3) Whenever a hazardous waste is in the tank, the fixed roof shall be installed with each
closure device secured in the closed position except as follows:
(i) Opening of closure devices or removal of the fixed roof is allowed at the following
times:
(A) To provide access to the tank for performing routine inspection, maintenance, or
other activities needed for normal operations. Examples of such activities include those
times when a worker needs to open a port to sample the liquid in the tank, or when a
worker needs to open a hatch to maintain or repair equipment. Following completion of
the activity, the owner or operator shall promptly secure the closure device in the closed
position or reinstall the cover, as applicable, to the tank.
(B) To remove accumulated sludge or other residues from the bottom of tank.
(ii) Opening of a spring-loaded pressure-vacuum relief valve, conservation vent, or
similar type of pressure relief device which vents to the atmosphere is allowed during
normal operations for the purpose of maintaining the tank internal pressure in accordance
with the tank design specifications. The device shall be designed to operate with no
detectable organic emissions when the device is secured in the closed position. The
settings at which the device opens shall be established such that the device remains in the
closed position whenever the tank internal pressure is within the internal pressure
operating range determined by the owner or operator based on the tank manufacturer
recommendations, applicable regulations, fire protection and prevention codes, standard
engineering codes and practices, or other requirements for the safe handling of
flammable, ignitable, explosive, reactive, or hazardous materials. Examples of normal
operating conditions that may require these devices to open are during those times when
the tank internal pressure exceeds the internal pressure operating range for the tank as a
result of loading operations or diurnal ambient temperature fluctuations.
(iii) Opening of a safety device, as defined in Sec. 265.1081 of this subpart, is allowed at
any time conditions require doing so to avoid an unsafe condition.
(4) The owner or operator shall inspect the air emission control equipment in accordance
with the following requirements.
(i) The fixed roof and its closure devices shall be visually inspected by the owner or
operator to check for defects that could result in air pollutant emissions. Defects include,
but are not limited to, visible cracks, holes, or gaps in the roof sections or between the
roof and the tank wall; broken, cracked, or otherwise damaged seals or gaskets on closure
devices; and broken or missing hatches, access covers, caps, or other closure devices.
(ii) The owner or operator shall perform an initial inspection of the fixed roof and its
closure devices on or before the date that the tank becomes subject to this section.
Thereafter, the owner or operator shall perform the inspections at least once every year
except under the special conditions provided for in paragraph (1) of this section.
(iii) In the event that a defect is detected, the owner or operator shall repair the defect in
accordance with the requirements of paragraph (k) of this section.
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(iv) The owner or operator shall maintain a record of the inspection in accordance with
the requirements specified in Sec. 265.1090(b) of this subpart.
(d) Owners and operators controlling air pollutant emissions from a tank using Tank
Level 2 controls shall use one of the following tanks:
(1) A fixed-roof tank equipped with an internal floating roof in accordance with the
requirements specified in paragraph (e) of this section;
(2) A tank equipped with an external floating roof in accordance with the requirements
specified in paragraph (f) of this section;
(3) A tank vented through a closed-vent system to a control device in accordance with the
requirements specified in paragraph (g) of this section;
(4) A pressure tank designed and operated in accordance with the requirements specified
in paragraph (h) of this section; or
(5) A tank located inside an enclosure that is vented through a closed-vent system to an
enclosed combustion control device in accordance with the requirements specified in
paragraph (i) of this section.
(e) The owner or operator who controls air pollutant emissions from a tank using a fixed-
roof with an internal floating roof shall meet the requirements specified in paragraphs
(e)(l) through (e)(3) of this section.
(1) The tank shall be equipped with a fixed roof and an internal floating roof in
accordance with the following requirements:
(i) The internal floating roof shall be designed to float on the liquid surface except when
the floating roof must be supported by the leg supports.
(ii) The internal floating roof shall be equipped with a continuous seal between the wall
of the tank and the floating roof edge that meets either of the following requirements:
(A) A single continuous seal that is either a liquid-mounted seal or a metallic shoe seal,
as defined in Sec. 265.1081 of this subpart; or
(B) Two continuous seals mounted one above the other. The lower seal may be a vapor-
mounted seal.
(iii) The internal floating roof shall meet the following specifications:
(A) Each opening in a noncontact internal floating roof except for automatic bleeder
vents (vacuum breaker vents) and the rim space vents is to provide a projection below the
liquid surface.
(B) Each opening in the internal floating roof shall be equipped with a gasketed cover or
a gasketed lid except for leg sleeves, automatic bleeder vents, rim space vents, column
wells, ladder wells, sample wells, and stub drains.
(C) Each penetration of the internal floating roof for the purpose of sampling shall have a
slit fabric cover that covers at least 90 percent of the opening.
(D) Each automatic bleeder vent and rim space vent shall be gasketed.
(E) Each penetration of the internal floating roof that allows for passage of a ladder shall
have a gasketed sliding cover.
(F) Each penetration of the internal floating roof that allows for passage of a column
supporting the fixed roof shall have a flexible fabric sleeve seal or a gasketed sliding
cover.
(2) The owner or operator shall operate the tank in accordance with the following
requirements:
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(i) When the floating roof is resting on the leg supports, the process of filling, emptying,
or refilling shall be continuous and shall be completed as soon as practical.
(ii) Automatic bleeder vents are to be set closed at all times when the roof is floating,
except when the roof is being floated off or is being landed on the leg supports.
(iii) Prior to filling the tank, each cover, access hatch, gauge float well or lid on any
opening in the internal floating roof shall be bolted or fastened closed (i.e., no visible
gaps). Rim space vents are to be set to open only when the internal floating roof is not
floating or when the pressure beneath the rim exceeds the manufacturer's recommended
setting.
(3) The owner or operator shall inspect the internal floating roof in accordance with the
procedures specified as follows:
(i) The floating roof and its closure devices shall be visually inspected by the owner or
operator to check for defects that could result in air pollutant emissions. Defects include,
but are not limited to: The internal floating roof is not floating on the surface of the liquid
inside the tank; liquid has accumulated on top of the internal floating roof; any portion of
the roof seals have detached from the roof rim; holes, tears, or other openings are visible
in the seal fabric; the gaskets no longer close off the hazardous waste surface from the
atmosphere; or the slotted membrane has more than 10 percent open area.
(ii) The owner or operator shall inspect the internal floating roof components as follows
except as provided in paragraph (e)(3)(iii) of this section:
(A) Visually inspect the internal floating roof components through openings on the fixed-
roof (e.g., manholes and roof hatches) at least once every 12 months after initial fill, and
(B) Visually inspect the internal floating roof, primary seal, secondary seal (if one is in
service), gaskets, slotted membranes, and sleeve seals (if any) each time the tank is
emptied and degassed and at least every 10 years.
(iii) As an alternative to performing the inspections specified in paragraph (e)(3)(ii) of
this section for an internal floating roof equipped with two continuous seals mounted one
above the other, the owner or operator may visually inspect the internal floating roof,
primary and secondary seals, gaskets, slotted membranes, and sleeve seals (if any) each
time the tank is emptied and degassed and at least every 5 years.
(iv) Prior to each inspection required by paragraph (e)(3)(ii) or (e)(3)(iii) of this section,
the owner or operator shall notify the Regional Administrator in advance of each
inspection to provide the Regional Administrator with the opportunity to have an
observer present during the inspection. The owner or operator shall notify the Regional
Administrator of the date and location of the inspection as follows:
(A) Prior to each visual inspection of an internal floating roof in a tank that has been
emptied and degassed, written notification shall be prepared and sent by the owner or
operator so that it is received by the Regional Administrator at least 30 calendar days
before refilling the tank except when an inspection is not planned as provided for in
paragraph (e)(3)(iv)(B) of this section.
(B) When a visual inspection is not planned and the owner or operator could not have
known about the inspection 30 calendar days before refilling the tank, the owner or
operator shall notify the Regional Administrator as soon as possible, but no later than 7
calendar days before refilling of the tank. This notification may be made by telephone
and immediately followed by a written explanation for why the inspection is unplanned.
Alternatively, written notification, including the explanation for the unplanned
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inspection, may be sent so that it is received by the Regional Administrator at least 7
calendar days before refilling the tank.
(v) In the event that a defect is detected, the owner or operator shall repair the defect in
accordance with the requirements of paragraph (k) of this section.
(vi) The owner or operator shall maintain a record of the inspection in accordance with
the requirements specified in Sec. 265.1090(b) of this subpart.
(4) Safety devices, as defined in Sec. 265.1081 of this subpart, may be installed and
operated as necessary on any tank complying with the requirements of paragraph (e) of
this section.
(f) The owner or operator who controls air pollutant emissions from a tank using an
external floating roof shall meet the requirements specified in paragraphs (f)(l) through
(f)(3) of this section.
(1) The owner or operator shall design the external floating roof in accordance with the
following requirements:
(i) The external floating roof shall be designed to float on the liquid surface except when
the floating roof must be supported by the leg supports.
(ii) The floating roof shall be equipped with two continuous seals, one above the other,
between the wall of the tank and the roof edge. The lower seal is referred to as the
primary seal, and the upper seal is referred to as the secondary seal.
(A) The primary seal shall be a liquid-mounted seal or a metallic shoe seal, as defined in
Sec. 265.1081 of this subpart. The total area of the gaps between the tank wall and the
primary seal shall not exceed 212 square centimeters (cm2) per meter of tank diameter,
and the width of any portion of these gaps shall not exceed 3.8 centimeters (cm). If a
metallic shoe seal is used for the primary seal, the metallic shoe seal shall be designed so
that one end extends into the liquid in the tank and the other end extends a vertical
distance of at least 61 centimeters above the liquid surface.
(B) The secondary seal shall be mounted above the primary seal and cover the annular
space between the floating roof and the wall of the tank. The total area of the gaps
between the tank wall and the secondary seal shall not exceed 21.2 square centimeters
(cm2) per meter of tank diameter, and the width of any portion of these gaps shall not
exceed 1.3 centimeters (cm).
(iii) The external floating roof shall meet the following specifications:
(A) Except for automatic bleeder vents (vacuum breaker vents) and rim space vents, each
opening in a noncontact external floating roof shall provide a projection below the liquid
surface.
(B) Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves, each
opening in the roof shall be equipped with a gasketed cover, seal, or lid.
(C) Each access hatch and each gauge float well shall be equipped with a cover designed
to be bolted or fastened when the cover is secured in the closed position.
(D) Each automatic bleeder vent and each rim space vent shall be equipped with a gasket.
(E) Each roof drain that empties into the liquid managed in the tank shall be equipped
with a slotted membrane fabric cover that covers at least 90 percent of the area of the
opening.
(F) Each unslotted and slotted guide pole well shall be equipped with a gasketed sliding
cover or a flexible fabric sleeve seal.
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(G) Each unslotted guide pole shall be equipped with a gasketed cap on the end of the
pole.
(H) Each slotted guide pole shall be equipped with a gasketed float or other device which
closes off the liquid surface from the atmosphere.
(I) Each gauge hatch and each sample well shall be equipped with a gasketed cover.
(2) The owner or operator shall operate the tank in accordance with the following
requirements:
(i) When the floating roof is resting on the leg supports, the process of filling, emptying,
or refilling shall be continuous and shall be completed as soon as practical.
(ii) Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves, each
opening in the roof shall be secured and maintained in a closed position at all times
except when the closure device must be open for access.
(iii) Covers on each access hatch and each gauge float well shall be bolted or fastened
when secured in the closed position.
(iv) Automatic bleeder vents shall be set closed at all times when the roof is floating,
except when the roof is being floated off or is being landed on the leg supports.
(v) Rim space vents shall be set to open only at those times that the roof is being floated
off the roof leg supports or when the pressure beneath the rim seal exceeds the
manufacturer's recommended setting.
(vi) The cap on the end of each unslotted guide pole shall be secured in the closed
position at all times except when measuring the level or collecting samples of the liquid
in the tank.
(vii) The cover on each gauge hatch or sample well shall be secured in the closed position
at all times except when the hatch or well must be opened for access.
(viii) Both the primary seal and the secondary seal shall completely cover the annular
space between the external floating roof and the wall of the tank in a continuous fashion
except during inspections.
(3) The owner or operator shall inspect the external floating roof in accordance with the
procedures specified as follows:
(i) The owner or operator shall measure the external floating roof seal gaps in accordance
with the following requirements:
(A) The owner or operator shall perform measurements of gaps between the tank wall
and the primary seal within 60 calendar days after initial operation of the tank following
installation of the floating roof and, thereafter, at least once every 5 years.
(B) The owner or operator shall perform measurements of gaps between the tank wall and
the secondary seal within 60 calendar days after initial operation of the tank following
installation of the floating roof and, thereafter, at least once every year.
(C) If a tank ceases to hold hazardous waste for a period of 1 year or more, subsequent
introduction of hazardous waste into the tank shall be considered an initial operation for
the purposes of paragraphs (f)(3)(i)(A) and (f)(3)(i)(B) of this section.
(D) The owner or operator shall determine the total surface area of gaps in the primary
seal and in the secondary seal individually using the following procedure:
(1) The seal gap measurements shall be performed at one or more floating roof levels
when the roof is floating off the roof supports.
(2) Seal gaps, if any, shall be measured around the entire perimeter of the floating roof in
each place where a 0.32-centimeter (cm) diameter uniform probe passes freely (without
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forcing or binding against the seal) between the seal and the wall of the tank and measure
the circumferential distance of each such location.
(3) For a seal gap measured under paragraph (f)(3) of this section, the gap surface area
shall be determined by using probes of various widths to measure accurately the actual
distance from the tank wall to the seal and multiplying each such width by its respective
circumferential distance.
(4) The total gap area shall be calculated by adding the gap surface areas determined for
each identified gap location for the primary seal and the secondary seal individually, and
then dividing the sum for each seal type by the nominal diameter of the tank. These total
gap areas for the primary seal and secondary seal are then compared to the respective
standards for the seal type as specified in paragraph (f)(l)(ii) of this section.
(E) In the event that the seal gap measurements do not conform to the specifications in
paragraph (f)(l)(ii) of this section, the owner or operator shall repair the defect in
accordance with the requirements of paragraph (k) of this section.
(F) The owner or operator shall maintain a record of the inspection in accordance with
the requirements specified in Sec. 265.10900)) of this subpart.
(ii) The owner or operator shall visually inspect the external floating roof in accordance
with the following requirements:
(A) The floating roof and its closure devices shall be visually inspected by the owner or
operator to check for defects that could result in air pollutant emissions. Defects include,
but are not limited to: Holes, tears, or other openings in the rim seal or seal fabric of the
floating roof; a rim seal detached from the floating roof; all or a portion of the floating
roof deck being submerged below the surface of the liquid in the tank; broken, cracked,
or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches,
access covers, caps, or other closure devices.
(B) The owner or operator shall perform an initial inspection of the external floating roof
and its closure devices on or before the date that the tank becomes subject to this section.
Thereafter, the owner or operator shall perform the inspections at least once every year
except for the special conditions provided for in paragraph (1) of this section.
(C) In the event that a defect is detected, the owner or operator shall repair the defect in
accordance with the requirements of paragraph (k) of this section.
(D) The owner or operator shall maintain a record of the inspection in accordance with
the requirements specified in Sec. 265.1090(b) of this subpart.
(iii) Prior to each inspection required by paragraph (f)(3)(i) or (f)(3)(ii) of this section, the
owner or operator shall notify the Regional Administrator in advance of each inspection
to provide the Regional Administrator with the opportunity to have an observer present
during the inspection. The owner or operator shall notify the Regional Administrator of
the date and location of the inspection as follows:
(A) Prior to each inspection to measure external floating roof seal gaps as required under
paragraph (f)(3)(i) of this section, written notification shall be prepared and sent by the
owner or operator so that it is received by the Regional Administrator at least 30 calendar
days before the date the measurements are scheduled to be performed.
(B) Prior to each visual inspection of an external floating roof in a tank that has been
emptied and degassed, written notification shall be prepared and sent by the owner or
operator so that it is received by the Regional Administrator at least 30 calendar days
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before refilling the tank except when an inspection is not planned as provided for in
paragraph (f)(3)(iii)(C) of this section.
(C) When a visual inspection is not planned and the owner or operator could not have
known about the inspection 30 calendar days before refilling the tank, the owner or
operator shall notify the Regional Administrator as soon as possible, but no later than 7
calendar days before refilling of the tank. This notification may be made by telephone
and immediately followed by a written explanation for why the inspection is unplanned.
Alternatively, written notification, including the explanation for the unplanned
inspection, may be sent so that it is received by the Regional Administrator at least 7
calendar days before refilling the tank.
(4) Safety devices, as defined in 40 CFR 265.1081, may be installed and operated as
necessary on any tank complying with the requirements of paragraph (f) of this section.
(g) The owner or operator who controls air pollutant emissions from a tank by venting the
tank to a control device shall meet the requirements specified in paragraphs (g)(l)
through (g)(3) of this section.
(1) The tank shall be covered by a fixed roof and vented directly through a closed-vent
system to a control device in accordance with the following requirements:
(i) The fixed roof and its closure devices shall be designed to form a continuous barrier
over the entire surface area of the liquid in the tank.
(ii) Each opening in the fixed roof not vented to the control device shall be equipped with
a closure device. If the pressure in the vapor headspace underneath the fixed roof is less
than atmospheric pressure when the control device is operating, the closure devices shall
be designed to operate such that when the closure device is secured in the closed position
there are no visible cracks, holes, gaps, or other open spaces in the closure device or
between the perimeter of the cover opening and the closure device. If the pressure in the
vapor headspace underneath the fixed roof is equal to or greater than atmospheric
pressure when the control device is operating, the closure device shall be designed to
operate with no detectable organic emissions.
(iii) The fixed roof and its closure devices shall be made of suitable materials that will
minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and
will maintain the integrity of the fixed roof and closure devices throughout their intended
service life. Factors to be considered when selecting the materials for and designing the
fixed roof and closure devices shall include: Organic vapor permeability, the effects of
any contact with the liquid and its vapor managed in the tank; the effects of outdoor
exposure to wind, moisture, and sunlight; and the operating practices used for the tank on
which the fixed roof is installed.
(iv) The closed-vent system and control device shall be designed and operated in
accordance with the requirements of Sec. 265.1088 of this subpart.
(2) Whenever a hazardous waste is in the tank, the fixed roof shall be installed with each
closure device secured in the closed position and the vapor headspace underneath the
fixed roof vented to the control device except as follows:
(i) Venting to the control device is not required, and opening of closure devices or
removal of the fixed roof is allowed at the following times:
(A) To provide access to the tank for performing routine inspection, maintenance, or
other activities needed for normal operations. Examples of such activities include those
times when a worker needs to open a port to sample liquid in the tank, or when a worker
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needs to open a hatch to maintain or repair equipment. Following completion of the
activity, the owner or operator shall promptly secure the closure device in the closed
position or reinstall the cover, as applicable, to the tank.
(B) To remove accumulated sludge or other residues from the bottom of a tank.
(ii) Opening of a safety device, as defined in Sec. 265.1081 of this subpart, is allowed at
any time conditions require doing so to avoid an unsafe condition.
(3) The owner or operator shall inspect and monitor the air emission control equipment in
accordance with the following procedures:
(i) The fixed roof and its closure devices shall be visually inspected by the owner or
operator to check for defects that could result in air pollutant emissions. Defects include,
but are not limited to, visible cracks, holes, or gaps in the roof sections or between the
roof and the tank wall; broken, cracked, or otherwise damaged seals or gaskets on closure
devices; and broken or missing hatches, access covers, caps, or other closure devices.
(ii) The closed-vent system and control device shall be inspected and monitored by the
owner or operator in accordance with the procedures specified in Sec. 265.1088 of this
subpart.
(iii) The owner or operator shall perform an initial inspection of the air emission control
equipment on or before the date that the tank becomes subject to this section. Thereafter,
the owner or operator shall perform the inspections at least once every year except for the
special conditions provided for in paragraph (1) of this section.
(iv) In the event that a defect is detected, the owner or operator shall repair the defect in
accordance with the requirements of paragraph (k) of this section.
(v) The owner or operator shall maintain a record of the inspection in accordance with the
requirements specified in Sec. 265.1090(b) of this subpart.
(h) The owner or operator who controls air pollutant emissions by using a pressure tank
shall meet the following requirements.
(1) The tank shall be designed not to vent to the atmosphere as a result of compression of
the vapor headspace in the tank during filling of the tank to its design capacity.
(2) All tank openings shall be equipped with closure devices designed to operate with no
detectable organic emissions as determined using the procedure specified in
Sec.265.1084(d) of this subpart.
(3) Whenever a hazardous waste is in the tank, the tank shall be operated as a closed
system that does not vent to the atmosphere except under either of the following
conditions as specified in paragraph (h)(3)(i) or (h)(3)(ii) of this section.
(i) At those times when opening of a safety device, as defined in Sec. 265.1081 of this
subpart, is required to avoid an unsafe condition.
(ii) At those times when purging of inerts from the tank is required and the purge stream
is routed to a closed-vent system and control device designed and operated in accordance
with the requirements of Sec. 265.1088 of this subpart.
(i) The owner or operator who controls air pollutant emissions by using an enclosure
vented through a closed-vent system to an enclosed combustion control device shall meet
the requirements specified in paragraphs (i)(l) through (i)(4) of this section.
(1) The tank shall be located inside an enclosure. The enclosure shall be designed and
operated in accordance with the criteria for a permanent total enclosure as specified in
"Procedure T~Criteria for and Verification of a Permanent or Temporary Total
Enclosure" under 40 CFR 52.741, appendix B. The enclosure may have permanent or
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temporary openings to allow worker access; passage of material into or out of the
enclosure by conveyor, vehicles, or other mechanical means; entry of permanent
mechanical or electrical equipment; or direct airflow into the enclosure. The owner or
operator shall perform the verification procedure for the enclosure as specified in Section
5.0 to "Procedure I—Criteria for and Verification of a Permanent or Temporary Total
Enclosure" initially when the enclosure is first installed and, thereafter, annually.
(2) The enclosure shall be vented through a closed-vent system to an enclosed
combustion control device that is designed and operated in accordance with the standards
for either a vapor incinerator, boiler, or process heater specified in Sec. 265.1088 of this
subpart.
(3) Safety devices, as defined in Sec. 265.1081 of this subpart, may be installed and
operated as necessary on any enclosure, closed-vent system, or control device used to
comply with the requirements of paragraphs (i)(l) and (i)(2) of this section.
(4) The owner or operator shall inspect and monitor the closed-vent system and control
device as specified in Sec. 265.1088 of this subpart.
(j) The owner or operator shall transfer hazardous waste to a tank subject to this section
in accordance with the following requirements:
(1) Transfer of hazardous waste, except as provided in paragraph (j)(2) of this section, to
the tank from another tank subject to this section or from a surface impoundment subject
to Sec. 265.1086 of this subpart shall be conducted using continuous hard-piping or
another closed system that does not allow exposure of the hazardous waste to the
atmosphere. For the purpose of complying with this provision, an individual drain system
is considered to be a closed system when it meets the requirements of 40 CFR part 63,
subpart RR-National Emission Standards for Individual Drain Systems.
(2) The requirements of paragraph (j)0) of this section do not apply when transferring a
hazardous waste to the tank under any of the following conditions:
(i) The hazardous waste meets the average VO concentration conditions specified in Sec.
265.1083 (c)(l) of this subpart at the point of waste origination.
(ii) The hazardous waste has been treated by an organic destruction or removal process to
meet the requirements in Sec. 265.1083 (c)(2) of this subpart.
(iii) The hazardous waste meets the requirements of Sec. 265.1083(c)(4) of this subpart.
(k) The owner or operator shall repair each defect detected during an inspection
performed in accordance with the requirements of paragraphs (c)(4), (e)(3), (f)(3), or
(g)(3) of this section as follows:
(1) The owner or operator shall make first efforts at repair of the defect no
later than 5 calendar days after detection, and repair shall be completed as soon as
possible but no later than 45 calendar days after detection except as provided in
paragraph (k)(2) of this section.
(2) Repair of a defect may be delayed beyond 45 calendar days if the owner or operator
determines that repair of the defect requires emptying or temporary removal from service
of the tank and no alternative tank capacity is available at the site to accept the hazardous
waste normally managed in the tank. In this case, the owner or operator shall repair the
defect the next time the process or unit that is generating the hazardous waste managed in
the tank stops operation. Repair of the defect shall be completed before the process or
unit resumes operation.
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(1) Following the initial inspection and monitoring of the cover as required by the
applicable provisions of this subpart, subsequent inspection and monitoring may be
performed at intervals longer than 1 year under the following special conditions:
(1) In the case when inspecting or monitoring the cover would expose a worker to
dangerous, hazardous, or other unsafe conditions, then the owner or operator may
designate a cover as an "unsafe to inspect and monitor cover" and comply with all of the
following requirements:
(i) Prepare a written explanation for the cover stating the reasons why the cover is unsafe
to visually inspect or to monitor, if required.
(ii) Develop and implement a written plan and schedule to inspect and monitor the cover,
using the procedures specified in the applicable section of this subpart, as frequently as
practicable during those times when a worker can safely access the cover.
(2) In the case when a tank is buried partially or entirely underground, an owner or
operator is required to inspect and monitor, as required by the applicable provisions of
this section, only those portions of the tank cover and those connections to the tank (e.g.,
fill ports, access hatches, gauge wells, etc.) that are located on or above the ground
surface.
[61 FR 59979, Nov. 25, 1996, as amended at 62 FR 64666, Dec. 8, 1997; 64
FR3391, Jan. 21, 1999]
§265.1086 Standards: Surface impoundments.
(a) The provisions of this section apply to the control of air pollutant emissions from
surface impoundments for which Sec. 265.1083(b) of this subpart references the use of
this section for such air emission control.
(b) The owner or operator shall control air pollutant emissions from the surface
impoundment by installing and operating either of the following:
(1) A floating membrane cover in accordance with the provisions specified in paragraph
(c) of this section; or
(2) A cover that is vented through a closed-vent system to a control device in accordance
with the requirements specified in paragraph (d) of this section.
(c) The owner or operator who controls air pollutant emissions from a surface
impoundment using a floating membrane cover shall meet the requirements specified in
paragraphs (c)(l) through (c)(3) of this section.
(1) The surface impoundment shall be equipped with a floating membrane cover designed
to meet the following specifications:
(i) The floating membrane cover shall be designed to float on the liquid surface during
normal operations and form a continuous barrier over the entire surface area of the liquid.
(ii) The cover shall be fabricated from a synthetic membrane material that is either:
(A) High density polyethylene (HOPE) with a thickness no less than 2.5 millimeters
(mm); or
(B) A material or a composite of different materials determined to have both organic
permeability properties that are equivalent to those of the material listed in paragraph
(c)(l)(ii)(A) of this section and chemical and physical properties that maintain the
material integrity for the intended service life of the material.
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(iii) The cover shall be installed in a manner such that there are no visible cracks, holes,
gaps, or other open spaces between cover section seams or between the interface of the
cover edge and its foundation mountings.
(iv) Except as provided for in paragraph (c)(l)(v) of this section, each opening in the
floating membrane cover shall be equipped with a closure device designed to operate
such that when the closure device is secured in the closed position there are no visible
cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of
the cover opening and the closure device.
(v) The floating membrane cover may be equipped with one or more emergency cover
drains for removal of stormwater. Each emergency cover drain shall be equipped with a
slotted membrane fabric cover that covers at least 90 percent of the area of the opening or
a flexible fabric sleeve seal.
(vi) The closure devices shall be made of suitable materials that will minimize exposure
of the hazardous waste to the atmosphere, to the extent practical, and will maintain the
integrity of the closure devices throughout their intended service life. Factors to be
considered when selecting the materials of construction and designing the cover and
closure devices shall include: Organic vapor permeability; the effects of any contact with
the liquid and its vapor managed in the surface impoundment; the effects of outdoor
exposure to wind, moisture, and sunlight; and the operating practices used for the surface
impoundment on which the floating membrane cover is installed.
(2) Whenever a hazardous waste is in the surface impoundment, the floating membrane
cover shall float on the liquid and each closure device shall be secured in the closed
position except as follows:
(i) Opening of closure devices or removal of the cover is allowed at the following times:
(A) To provide access to the surface impoundment for performing routine inspection,
maintenance, or other activities needed for normal operations. Examples of such
activities include those times when a worker needs to open a port to sample the liquid in
the surface impoundment, or when a worker needs to open a hatch to maintain or repair
equipment. Following completion of the activity, the owner or operator shall promptly
replace the cover and secure the closure device in the closed position, as applicable.
(B) To remove accumulated sludge or other residues from the bottom of surface
impoundment.
(ii) Opening of a safety device, as defined in Sec. 265.1081 of this subpart, is allowed at
any time conditions require doing so to avoid an unsafe condition.
(3) The owner or operator shall inspect the floating membrane cover in accordance with
the following procedures:
(i) The floating membrane cover and its closure devices shall be visually inspected by the
owner or operator to check for defects that could result in air pollutant emissions. Defects
include, but are not limited to, visible cracks, holes, or gaps in the cover section seams or
between the interface of the cover edge and its foundation mountings; broken, cracked, or
otherwise damaged seals or gaskets on closure devices; and broken or missing hatches,
access covers, caps, or other closure devices.
(ii) The owner or operator shall perform an initial inspection of the floating membrane
cover and its closure devices on or before the date that the surface impoundment becomes
subject to this section. Thereafter, the owner or operator shall perform the inspections at
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least once every year except for the special conditions provided for in paragraph (g) of
this section.
(iii) In the event that a defect is detected, the owner or operator shall repair the defect in
accordance with the requirements of paragraph (f) of this section.
(iv) The owner or operator shall maintain a record of the inspection in accordance with
the requirements specified in Sec. 265.1090(c) of this subpart.
(d) The owner or operator who controls air pollutant emissions from a surface
impoundment using a cover vented to a control device shall meet the requirements
specified in paragraphs (d)(l) through (d)(3) of this section.
(1) The surface impoundment shall be covered by a cover and vented directly through a
closed-vent system to a control device in accordance with the following requirements:
(i) The cover and its closure devices shall be designed to form a continuous barrier over
the entire surface area of the liquid in the surface impoundment.
(ii) Each opening in the cover not vented to the control device shall be equipped with a
closure device. If the pressure in the vapor headspace underneath the cover is less than
atmospheric pressure when the control device is operating, the closure devices shall be
designed to operate such that when the closure device is secured in the closed position
there are no visible cracks, holes, gaps, or other open spaces in the closure device or
between the perimeter of the cover opening and the closure device. If the pressure in the
vapor headspace underneath the cover is equal to or greater than atmospheric pressure
when the control device is operating, the closure device shall be designed to operate with
no detectable organic emissions using the procedure specified in Sec. 265.1084(d) of this
subpart.
(iii) The cover and its closure devices shall be made of suitable materials that will
minimize exposure of the hazardous waste to the atmosphere, to the extent practical, and
will maintain the integrity of the cover and closure devices throughout their intended
service life. Factors to be considered when selecting the materials of construction and
designing the cover and closure devices shall include: Organic vapor permeability; the
effects of any contact with the liquid or its vapors managed in the surface impoundment;
the effects of outdoor exposure to wind, moisture, and sunlight; and the operating
practices used for the surface impoundment on which the cover is installed.
(iv) The closed-vent system and control device shall be designed and operated in
accordance with the requirements of Sec. 265.1088 of this subpart.
(2) Whenever a hazardous waste is in the surface impoundment, the cover shall be
installed with each closure device secured in the closed position and the vapor headspace
underneath the cover vented to the control device except as follows:
(i) Venting to the control device is not required, and opening of closure devices or
removal of the cover is allowed at the following times:
(A) To provide access to the surface impoundment for performing routine inspection,
maintenance, or other activities needed for normal operations. Examples of such
activities include those times when a worker needs to open a port to sample liquid in the
surface impoundment, or when a worker needs to open a hatch to maintain or repair
equipment. Following completion of the activity, the owner or operator shall promptly
secure the closure device in the closed position or reinstall the cover, as applicable, to the
surface impoundment.
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(B) To remove accumulated sludge or other residues from the bottom of the surface
impoundment.
(ii) Opening of a safety device, as defined in Sec. 265.1081 of this subpart, is allowed at
any time conditions require doing so to avoid an unsafe condition.
(3) The owner or operator shall inspect and monitor the air emission control equipment in
accordance with the following procedures:
(i) The surface impoundment cover and its closure devices shall be visually inspected by
the owner or operator to check for defects that could result in air pollutant emissions.
Defects include, but are not limited to, visible cracks, holes, or gaps in the cover section
seams or between the interface of the cover edge and its foundation mountings; broken,
cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing
hatches, access covers, caps, or other closure devices.
(ii) The closed-vent system and control device shall be inspected and monitored by the
owner or operator in accordance with the procedures specified in Sec. 265.1088 of this
subpart.
(iii) The owner or operator shall perform an initial inspection of the air emission control
equipment on or before the date that the surface impoundment becomes subject to this
section. Thereafter, the owner or operator shall perform the inspections at least once
every year except for the special conditions provided for in paragraph (g) of this section.
(iv) In the event that a defect is detected, the owner or operator shall repair the defect in
accordance with the requirements of paragraph (f) of this section.
(v) The owner or operator shall maintain a record of the inspection in accordance with the
requirements specified in Sec. 265.1090(c) of this subpart.
(e) The owner or operator shall transfer hazardous waste to a surface impoundment
subject to this section in accordance with the following requirements:
(1) Transfer of hazardous waste, except as provided in paragraph (e)(2) of this section, to
the surface impoundment from another surface impoundment subject to this section or
from a tank subject to Sec. 265.1085 of this subpart shall be conducted using continuous
hard-piping or another closed system that does not allow exposure of the waste to the
atmosphere. For the purpose of complying with this provision, an individual drain system
is considered to be a closed system when it meets the requirements of 40 CFR part 63,
subpart RR-National Emission Standards for Individual Drain Systems.
(2) The requirements of paragraph (e)(l) of this section do not apply when transferring a
hazardous waste to the surface impoundment under either of the following conditions:
(i) The hazardous waste meets the average VO concentration conditions specified in Sec.
265.1083 (c)(l) of this subpart at the point of waste origination.
(ii) The hazardous waste has been treated by an organic destruction or removal process to
meet the requirements in Sec. 265.1083 (c)(2) of this subpart.
(iii) The hazardous waste meets the requirements of Sec. 265.1083(c)(4) of this subpart.
(f) The owner or operator shall repair each defect detected during an inspection
performed in accordance with the requirements of paragraph (c)(3) or (d)(3) of this
section as follows:
(1) The owner or operator shall make first efforts at repair of the defect no later than 5
calendar days after detection, and repair shall be completed as soon as possible but no
later than 45 calendar days after detection except as provided in paragraph (f)(2) of this
section.
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(2) Repair of a defect may be delayed beyond 45 calendar days if the owner or operator
determines that repair of the defect requires emptying or temporary removal from service
of the surface impoundment and no alternative capacity is available at the site to accept
the hazardous waste normally managed in the surface impoundment. In this case, the
owner or operator shall repair the defect the next time the process or unit that is
generating the hazardous waste managed in the tank stops operation. Repair of the defect
shall be completed before the process or unit resumes operation.
(g) Following the initial inspection and monitoring of the cover as required by the
applicable provisions of this subpart, subsequent inspection and monitoring may be
performed at intervals longer than 1 year in the case when inspecting or monitoring the
cover would expose a worker to dangerous, hazardous, or other unsafe conditions. In this
case, the owner or operator may designate the cover as an "unsafe to inspect and monitor
cover" and comply with all of the following requirements:
(1) Prepare a written explanation for the cover stating the reasons why the cover is unsafe
to visually inspect or to monitor, if required.
(2) Develop and implement a written plan and schedule to inspect and monitor the cover
using the procedures specified in the applicable section of this subpart as frequently as
practicable during those times when a worker can safely access the cover.
[61 FR 59984, Nov. 25, 1996, as amended at 62 FR 64666, Dec. 8, 1997]
§265.1087: Standards: Containers.
(a) The provisions of this section apply to the control of air pollutant emissions from
containers for which Sec. 265.1083(b) of this subpart references the use of this section for
such air emission control.
(b)(l) General requirements. The owner or operator shall control air pollutant emissions
from each container subject to this section in accordance with the following
requirements, as applicable to the container, except when the special provisions for waste
stabilization processes specified in paragraph (b)(2) of this section apply to the container.
(i) For a container having a design capacity greater than 0.1 m3 and less than or equal to
0.46 m3, the owner or operator shall control air pollutant emissions from the container in
accordance with the Container Level 1 standards specified in paragraph (c) of this
section.
(ii) For a container having a design capacity greater than 0.46 m3 that is not in light
material service, the owner or operator shall control air pollutant emissions from the
container in accordance with the Container Level 1 standards specified in paragraph
(c) of this section.
(iii) For a container having a design capacity greater than 0.46 m3 that is in light material
service, the owner or operator shall control air pollutant emissions from the container in
accordance with the Container Level 2 standards specified in paragraph (d) of this
section.
(2) When a container having a design capacity greater than 0.1 m3 is used for treatment of
a hazardous waste by a waste stabilization process, the owner or operator shall control air
pollutant emissions from the container in accordance with the Container Level 3
standards specified in paragraph (e) of this section at those times during the waste
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stabilization process when the hazardous waste in the container is exposed to the
atmosphere.
(c) Container Level 1 standards. (1) A container using Container Level 1 controls is one
of the following:
(i) A container that meets the applicable U.S. Department of Transportation (DOT)
regulations on packaging hazardous materials for transportation as specified in paragraph
(f) of this section.
(ii) A container equipped with a cover and closure devices that form a continuous barrier
over the container openings such that when the cover and closure devices are secured in
the closed position there are no visible holes, gaps, or other open spaces into the interior
of the container. The cover may be a separate cover installed on the container (e.g., a lid
on a drum or a suitably secured tarp on a roll-off box) or may be an integral part of the
container structural design (e.g., a "portable tank" or bulk cargo container equipped with
a screw-type cap).
(iii) An open-top container in which an organic-vapor suppressing barrier is placed on or
over the hazardous waste in the container such that no hazardous waste is exposed to the
atmosphere. One example of such a barrier is application of a suitable organic-vapor
suppressing foam.
(2) A container used to meet the requirements of paragraph (c)(l)(ii) or (c)(l)(iii) of this
section shall be equipped with covers and closure devices, as applicable to the container,
that are composed of suitable materials to minimize exposure of the hazardous waste to
the atmosphere and to maintain the equipment integrity for as long as it is in service.
Factors to be considered in selecting the materials of construction and designing the
cover and closure devices shall include: Organic vapor permeability, the effects of
contact with the hazardous waste or its vapor managed in the container; the effects of
outdoor exposure of the closure device or cover material to wind, moisture, and sunlight;
and the operating practices for which the container is intended to be used.
(3) Whenever a hazardous waste is in a container using Container Level 1 controls, the
owner or operator shall install all covers and closure devices for the container, as
applicable to the container, and secure and maintain each closure device in the closed
position except as follows:
(i) Opening of a closure device or cover is allowed for the purpose of adding hazardous
waste or other material to the container as follows:
(A) In the case when the container is filled to the intended final level in one continuous
operation, the owner or operator shall promptly secure the closure devices in the closed
position and install the covers, as applicable to the container, upon conclusion of the
filling operation.
(B) In the case when discrete quantities or batches of material intermittently are added to
the container over a period of time, the owner or operator shall promptly secure the
closure devices in the closed position and install covers, as applicable to the container,
upon either the container being filled to the intended final level; the completion of a batch
loading after which no additional material will be added to the container within 15
minutes; the person performing the loading operation leaving the immediate vicinity of
the container; or the shutdown of the process generating the material being added to the
container, whichever condition occurs first.
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(ii) Opening of a closure device or cover is allowed for the purpose of removing
hazardous waste from the container as follows:
(A) For the purpose of meeting the requirements of this section, an empty container as
defined in 40 CFR 26L7(b) may be open to the atmosphere at any time (i.e., covers and
closure devices are not required to be secured in the closed position on an empty
container).
(B) In the case when discrete quantities or batches of material are removed from the
container but the container does not meet the conditions to be an empty container as
defined in 40 CFR 26L7(b), the owner or operator shall promptly secure the closure
devices in the closed position and install covers, as applicable to the container, upon the
completion of a batch removal after which no additional material will be removed from
the container within 15 minutes or the person performing the unloading operation leaves
the immediate vicinity of the container, whichever condition occurs first.
(iii) Opening of a closure device or cover is allowed when access inside the container is
needed to perform routine activities other than transfer of hazardous waste. Examples of
such activities include those times when a worker needs to open a port to measure the
depth of or sample the material in the container, or when a worker needs to open a
manhole hatch to access equipment inside the container. Following completion of the
activity, the owner or operator shall promptly secure the closure device in the closed
position or reinstall the cover, as applicable to the container.
(iv) Opening of a spring-loaded, pressure-vacuum relief valve, conservation vent, or
similar type of pressure relief device which vents to the atmosphere is allowed during
normal operations for the purpose of maintaining the container internal pressure in
accordance with the design specifications of the container. The device shall be designed
to operate with no detectable organic emissions when the device is secured in the closed
position. The settings at which the device opens shall be established such that the device
remains in the closed position whenever the internal pressure of the container is within
the internal pressure operating range determined by the owner or operator based on
container manufacturer recommendations, applicable regulations, fire protection and
prevention codes, standard engineering codes and practices, or other requirements for the
safe handling of flammable, ignitable, explosive, reactive, or hazardous materials.
Examples of normal operating conditions that may require these devices to open are
during those times when the internal pressure of the container exceeds the internal
pressure operating range for the container as a result of loading operations or diurnal
ambient temperature fluctuations.
(v) Opening of a safety device, as defined in Sec. 265.1081 of this subpart, is allowed at
any time conditions require doing so to avoid an unsafe condition.
(4) The owner or operator of containers using Container Level 1 controls shall inspect the
containers and their covers and closure devices as follows:
(i) In the case when a hazardous waste already is in the container at the time the owner or
operator first accepts possession of the container at the facility and the container is not
emptied within 24 hours after the container is accepted at the facility (i.e., does not meet
the conditions for an empty container as specified in 40 CFR 261.7(b)), the owner or
operator shall visually inspect the container and its cover and closure devices to check for
visible cracks, holes, gaps, or other open spaces into the interior of the container when the
cover and closure devices are secured in the closed position. The container visual
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inspection shall be conducted on or before the date that the container is accepted at the
facility (i.e., the date the container becomes subject to the subpart CC container
standards). For purposes of this requirement, the date of acceptance is the date of
signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous
Waste Manifest in the appendix to 40 CFR part 262 (EPA Forms 8700-22 and 8700-
22A), as required under subpart E of this part, at 40 CFR 265.71. If a defect is detected,
the owner or operator shall repair the defect in accordance with the requirements of
paragraph (c)(4)(iii) of this section.
(ii) In the case when a container used for managing hazardous waste remains at the
facility for a period of 1 year or more, the owner or operator shall visually inspect the
container and its cover and closure devices initially and thereafter, at least once every 12
months, to check for visible cracks, holes, gaps, or other open spaces into the interior of
the container when the cover and closure devices are secured in the closed position. If a
defect is detected, the owner or operator shall repair the defect in accordance with the
requirements of paragraph (c)(4)(iii) of this section.
(iii) When a defect is detected for the container, cover, or closure devices, the owner or
operator shall make first efforts at repair of the defect no later than 24 hours after
detection, and repair shall be completed as soon as possible but no later than 5 calendar
days after detection. If repair of a defect cannot be completed within 5 calendar days,
then the hazardous waste shall be removed from the container and the container shall not
be used to manage hazardous waste until the defect is repaired.
(5) The owner or operator shall maintain at the facility a copy of the procedure used to
determine that containers with capacity of 0.46 m3 or greater, which do not meet
applicable DOT regulations as specified in paragraph (f) of this section, are not managing
hazardous waste in light material service.
(d) Container Level 2 standards. (1) A container using Container Level 2 controls is one
of the following:
(i) A container that meets the applicable U.S. Department of Transportation (DOT)
regulations on packaging hazardous materials for transportation as specified in paragraph
(f) of this section.
(ii) A container that operates with no detectable organic emissions as defined in Sec.
265.1081 of this subpart and determined in accordance with the procedure specified in
paragraph (g) of this section.
(iii) A container that has been demonstrated within the preceding 12 months to be vapor-
tight by using 40 CFR part 60, appendix A, Method 27 in accordance with the procedure
specified in paragraph (h) of this section.
(2) Transfer of hazardous waste in or out of a container using Container Level 2 controls
shall be conducted in such a manner as to minimize exposure of the hazardous waste to
the atmosphere, to the extent practical, considering the physical properties of the
hazardous waste and good engineering and safety practices for handling flammable,
ignitable, explosive, reactive or other hazardous materials. Examples of container loading
procedures that the EPA considers to meet the requirements of this paragraph include
using any one of the following: A submerged-fill pipe or other submerged-fill method to
load liquids into the container; a vapor-balancing system or a vapor-recovery system to
collect and control the vapors displaced from the container during filling operations; or a
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fitted opening in the top of a container through which the hazardous waste is filled and
subsequently purging the transfer line before removing it from the container opening.
(3) Whenever a hazardous waste is in a container using Container Level 2 controls, the
owner or operator shall install all covers and closure devices for the container, and secure
and maintain each closure device in the closed position except as follows:
(i) Opening of a closure device or cover is allowed for the purpose of adding hazardous
waste or other material to the container as follows:
(A) In the case when the container is filled to the intended final level in one continuous
operation, the owner or operator shall promptly secure the closure devices in the closed
position and install the covers, as applicable to the container, upon conclusion of the
filling operation.
(B) In the case when discrete quantities or batches of material intermittently are added to
the container over a period of time, the owner or operator shall promptly secure the
closure devices in the closed position and install covers, as applicable to the container,
upon either the container being filled to the intended final level; the completion of a batch
loading after which no additional material will be added to the container within 15
minutes; the person performing the loading operation leaving the immediate vicinity of
the container; or the shutdown of the process generating the material being added to the
container, whichever condition occurs first.
(ii) Opening of a closure device or cover is allowed for the purpose of removing
hazardous waste from the container as follows:
(A) For the purpose of meeting the requirements of this section, an empty container as
defined in 40 CFR 261.7(b) may be open to the atmosphere at any time (i.e., covers and
closure devices are not required to be secured in the closed position on an empty
container).
(B) In the case when discrete quantities or batches of material are removed from the
container but the container does not meet the conditions to be an empty container as
defined in 40 CFR 26L7(b), the owner or operator shall promptly secure the closure
devices in the closed position and install covers, as applicable to the container, upon the
completion of a batch removal after which no additional material will be removed from
the container within 15 minutes or the person performing the unloading operation leaves
the immediate vicinity of the container, whichever condition occurs first.
(iii) Opening of a closure device or cover is allowed when access inside the container is
needed to perform routine activities other than transfer of hazardous waste. Examples of
such activities include those times when a worker needs to open a port to measure the
depth of or sample the material in the container, or when a worker needs to open a
manhole hatch to access equipment inside the container. Following completion of the
activity, the owner or operator shall promptly secure the closure device in the closed
position or reinstall the cover, as applicable to the container.
(iv) Opening of a spring-loaded, pressure-vacuum relief valve, conservation vent, or
similar type of pressure relief device which vents to the atmosphere is allowed during
normal operations for the purpose of maintaining the internal pressure of the container in
accordance with the container design specifications. The device shall be designed to
operate with no detectable organic emission when the device is secured in the closed
position. The settings at which the device opens shall be established such that the device
remains in the closed position whenever the internal pressure of the container is within
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the internal pressure operating range determined by the owner or operator based on
container manufacturer recommendations, applicable regulations, fire protection and
prevention codes, standard engineering codes and practices, or other requirements for the
safe handling of flammable, ignitable, explosive, reactive, or hazardous materials.
Examples of normal operating conditions that may require these devices to open are
during those times when the internal pressure of the container exceeds the internal
pressure operating range for the container as a result of loading operations or diurnal
ambient temperature fluctuations.
(v) Opening of a safety device, as defined in Sec. 265.1081 of this subpart, is allowed at
any time conditions require doing so to avoid an unsafe condition.
(4) The owner or operator of containers using Container Level 2 controls shall inspect the
containers and their covers and closure devices as follows:
(i) In the case when a hazardous waste already is in the container at the time the owner or
operator first accepts possession of the container at the facility and the container is not
emptied within 24 hours after the container is accepted at the facility (i.e., does not meet
the conditions for an empty container as specified in 40 CFR 26L7(b)), the owner or
operator shall visually inspect the container and its cover and closure devices to check for
visible cracks, holes, gaps, or other open spaces into the interior of the container when the
cover and closure devices are secured in the closed position. The container visual
inspection shall be conducted on or before the date that the container is accepted at the
facility (i.e., the date the container becomes subject to the subpart CC container
standards). For purposes of this requirement, the date of acceptance is the date of
signature that the facility owner or operator enters on Item 20 of the Uniform Hazardous
Waste Manifest in the appendix to 40 CFR part 262 (EPA Forms 8700-22 and 8700-
22A), as required under subpart E of this part, at Sec. 265.71. If a defect is detected, the
owner or operator shall repair the defect in accordance with the requirements of
paragraph (d)(4)(iii) of this section.
(ii) In the case when a container used for managing hazardous waste remains at the
facility for a period of 1 year or more, the owner or operator shall visually inspect the
container and its cover and closure devices initially and thereafter, at least once every 12
months, to check for visible cracks, holes, gaps, or other open spaces into the interior of
the container when the cover and closure devices are secured in the closed position. If a
defect is detected, the owner or operator shall repair the defect in accordance with the
requirements of paragraph (d)(4)(iii) of this section.
(iii) When a defect is detected for the container, cover, or closure devices, the owner or
operator shall make first efforts at repair of the defect no later than 24 hours after
detection, and repair shall be completed as soon as possible but no later than 5 calendar
days after detection. If repair of a defect cannot be completed within 5 calendar days,
then the hazardous waste shall be removed from the container and the container shall not
be used to manage hazardous waste until the defect is repaired.
(e) Container Level 3 standards. (1) A container using Container Level 3 controls is one
of the following:
(i) A container that is vented directly through a closed-vent system to a control device in
accordance with the requirements of paragraph (e)(2)(ii) of this section.
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(ii) A container that is vented inside an enclosure which is exhausted through a closed-
vent system to a control device in accordance with the requirements of paragraphs
(e)(2)(i) and (e)(2)(ii) of this section.
(2) The owner or operator shall meet the following requirements, as applicable to the type
of air emission control equipment selected by the owner or operator:
(i) The container enclosure shall be designed and operated in accordance with the criteria
for a permanent total enclosure as specified in "Procedure T—Criteria for and
Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741,
appendix B. The enclosure may have permanent or temporary openings to allow worker
access; passage of containers through the enclosure by conveyor or other mechanical
means; entry of permanent mechanical or electrical equipment; or direct airflow into the
enclosure. The owner or operator shall perform the verification procedure for the
enclosure as specified in Section 5.0 to "Procedure T-Criteria for and Verification of a
Permanent or Temporary Total Enclosure" initially when the enclosure is first installed
and, thereafter, annually.
(ii) The closed-vent system and control device shall be designed and operated in
accordance with the requirements of Sec. 265.1088 of this subpart.
(3) Safety devices, as defined in Sec. 265.1081 of this subpart, may be installed and
operated as necessary on any container, enclosure, closed-vent system, or control device
used to comply with the requirements of paragraph (e)(l) of this section.
(4) Owners and operators using Container Level 3 controls in accordance with the
provisions of this subpart shall inspect and monitor the closed-vent systems and control
devices as specified in Sec. 265.1088 of this subpart.
(5) Owners and operators that use Container Level 3 controls in accordance with the
provisions of this subpart shall prepare and maintain the records specified in Sec.
265.1090(d) of this subpart.
(6) Transfer of hazardous waste in or out of a container using Container Level 3 controls
shall be conducted in such a manner as to minimize exposure of the hazardous waste to
the atmosphere, to the extent practical, considering the physical properties of the
hazardous waste and good engineering and safety practices for handling flammable,
ignitable, explosive, reactive, or other hazardous materials. Examples of container
loading procedures that the EPA considers to meet the requirements of this paragraph
include using any one of the following: A submerged-fill pipe or other submerged-fill
method to load liquids into the container; a vapor-balancing system or a vapor-recovery
system to collect and control the vapors displaced from the container during filling
operations; or a fitted opening in the top of a container through which the hazardous
waste is filled and subsequently purging the transfer line before removing it from the
container opening.
(f) For the purpose of compliance with paragraph (c)(l)(i) or (d)(l)(i) of this section,
containers shall be used that meet the applicable U.S. Department of Transportation
(DOT) regulations on packaging hazardous materials for transportation as follows:
(1) The container meets the applicable requirements specified in 49 CFR part 178—
Specifications for Packaging or 49 CFR part 179—Specifications for Tank Cars.
(2) Hazardous waste is managed in the container in accordance with the applicable
requirements specified in 49 CFR part 107, subpart B-Exemptions; 49 CFR part 172—
Hazardous Materials Table, Special Provisions, Hazardous Materials Communications,
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Emergency Response Information, and Training Requirements; 49 CFRpart 173—
Shippers— General Requirements for Shipments and Packages; and 49 CFRpart 180—
Continuing Qualification and Maintenance of Packagings.
(3) For the purpose of complying with this subpart, no exceptions to the 49 CFRpart 178
or part 179 regulations are allowed except as provided for in paragraph (f)(4) of this
section.
(4) For a lab pack that is managed in accordance with the requirements of 49 CFR part
178 for the purpose of complying with this subpart, an owner or operator may comply
with the exceptions for combination packagings specified in 49 CFR 173.12(b).
(g) To determine compliance with the no detectable organic emissions requirements of
paragraph (d)(l)(ii) of this section, the procedure specified in Sec. 265.1084(d) of this
subpart shall be used.
(1) Each potential leak interface (i.e., a location where organic vapor leakage could
occur) on the container, its cover, and associated closure devices, as applicable to the
container, shall be checked. Potential leak interfaces that are associated with containers
include, but are not limited to: The interface of the cover rim and the container wall; the
periphery of any opening on the container or container cover and its associated closure
device; and the sealing seat interface on a spring-loaded pressure-relief valve.
(2) The test shall be performed when the container is filled with a material having a
volatile organic concentration representative of the range of volatile organic
concentrations for the hazardous wastes expected to be managed in this type of container.
During the test, the container cover and closure devices shall be secured in the closed
position.
(h) Procedure for determining a container to be vapor-tight using Method 27 of 40 CFR
part 60, appendix A for the purpose of complying with paragraph (d)(l)(iii) of this
section.
(1) The test shall be performed in accordance with Method 27 of 40 CFR part 60,
appendix A of this chapter.
(2) A pressure measurement device shall be used that has a precision of
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(1) The closed-vent system shall route the gases, vapors, and fumes emitted from the
hazardous waste in the waste management unit to a control device that meets the
requirements specified in paragraph (c) of this section.
(2) The closed-vent system shall be designed and operated in accordance with the
requirements specified in Sec. 265.1033(j) of this part.
(3) In the case when the closed-vent system includes bypass devices that could be used to
divert the gas or vapor stream to the atmosphere before entering the control device, each
bypass device shall be equipped with either a flow indicator as specified in paragraph
(b)(3)(i) of this section or a seal or locking device as specified in paragraph (b)(3)(ii) of
this section. For the purpose of complying with this paragraph, low leg drains, high point
bleeds, analyzer vents, open-ended valves or lines, spring-loaded pressure relief valves,
and other fittings used for safety purposes are not considered to be bypass devices.
(i) If a flow indicator is used to comply with paragraph (b)(3) of this section, the indicator
shall be installed at the inlet to the bypass line used to divert gases and vapors from the
closed-vent system to the atmosphere at a point upstream of the control device inlet. For
this paragraph, a flow indicator means a device which indicates the presence of either gas
or vapor flow in the bypass line.
(ii) If a seal or locking device is used to comply with paragraph (b)(3) of this section, the
device shall be placed on the mechanism by which the bypass device position is
controlled (e.g., valve handle, damper lever) when the bypass device is in the closed
position such that the bypass device cannot be opened without breaking the seal or
removing the lock. Examples of such devices include, but are not limited to, a car-seal or
a lock-and-key configuration valve. The owner or operator shall visually inspect the seal
or closure mechanism at least once every month to verify that the bypass mechanism is
maintained in the closed position.
(4) The closed-vent system shall be inspected and monitored by the owner or operator in
accordance with the procedure specified in 40 CFR 265.1033(k).
(c) The control device shall meet the following requirements:
(1) The control device shall be one of the following devices:
(i) A control device designed and operated to reduce the total organic content of the inlet
vapor stream vented to the control device by at least 95 percent by weight;
(ii) An enclosed combustion device designed and operated in accordance with the
requirements of Sec. 265.1033(c): or
(iii) A flare designed and operated in accordance with the requirements of Sec.
265.1033(d).
(2) The owner or operator who elects to use a closed-vent system and control device to
comply with the requirements of this section shall comply with the requirements
specified in paragraphs (c)(2)(i) through (c)(2)(vi) of this section.
(i) Periods of planned routine maintenance of the control device, during which the control
device does not meet the specifications of paragraphs (c)(l)(i), (c)(l)(ii), or (c)(l)(iii) of
this section, as applicable, shall not exceed 240 hours per year.
(ii) The specifications and requirements in paragraphs (c)(l)(i), (c)(l)(ii), and (c)(l)(iii)
of this section for control devices do not apply during periods of planned routine
maintenance.
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(iii) The specifications and requirements in paragraphs (c)(l)(i), (c)(l)(ii), and (c)(l)(iii)
of this section for control devices do not apply during a control device system
malfunction.
(iv) The owner or operator shall demonstrate compliance with the requirements of
paragraph (c)(2)(i) of this section (i.e., planned routine maintenance of a control device,
during which the control device does not meet the specifications of paragraphs (c)(l)(i),
(c)(l)(ii), or (c)(l)(iii) of this section, as applicable, shall not exceed 240 hours per year)
by recording the information specified in Sec. 265.1090(e)(l)(v) of this subpart.
(v) The owner or operator shall correct control device system malfunctions as soon as
practicable after their occurrence in order to minimize excess emissions of air pollutants.
(vi) The owner or operator shall operate the closed-vent system such that gases, vapors,
and/or fumes are not actively vented to the control device during periods of planned
maintenance or control device system malfunction (i.e., periods when the control device
is not operating or not operating normally) except in cases when it is necessary to vent
the gases, vapors, or fumes to avoid an unsafe condition or to implement malfunction
corrective actions or planned maintenance actions.
(3) The owner or operator using a carbon adsorption system to comply with paragraph
(c)(l) of this section shall operate and maintain the control device in accordance with the
following requirements:
(i) Following the initial startup of the control device, all activated carbon in the control
device shall be replaced with fresh carbon on a regular basis in accordance with the
requirements of Sec. 265.1033(g) or Sec. 265.1033(h).
(ii) All carbon that is a hazardous waste and that is removed from the control device shall
be managed in accordance with the requirements of 40 CFR 265.103 3 (m), regardless of
the average volatile organic concentration of the carbon.
(4) An owner or operator using a control device other than a thermal vapor incinerator,
flare, boiler, process heater, condenser, or carbon adsorption system to comply with
paragraph (c)(l) of this section shall operate and maintain the control device in
accordance with the requirements of Sec. 265.1033(i).
(5) The owner or operator shall demonstrate that a control device achieves the
performance requirements of paragraph (c)(l) of this section as follows:
(i) An owner or operator shall demonstrate using either a performance test as specified in
paragraph (c)(5)(iii) of this section or a design analysis as specified in paragraph
(c)(5)(iv) of this section the performance of each control device except for the following:
(A) A flare;
(B) A boiler or process heater with a design heat input capacity of 44 megawatts or
greater;
(C) A boiler or process heater into which the vent stream is introduced with the primary
fuel;
(D) A boiler or industrial furnace burning hazardous waste for which the owner or
operator has been issued a final permit under 40 CFR part 270 and has designed and
operates the unit in accordance with the requirements of 40 CFR part 266, subpart H; or
(E) A boiler or industrial furnace burning hazardous waste for which the owner or
operator has designed and operates in accordance with the interim status requirements of
40 CFR part 266. subpart H.
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(ii) An owner or operator shall demonstrate the performance of each flare in accordance
with the requirements specified in Sec. 265.1033(e).
(iii) For a performance test conducted to meet the requirements of paragraph (c)(5)(i) of
this section, the owner or operator shall use the test methods and procedures specified in
Sec. 265.1034(c)(l) through (c)(4).
(iv) For a design analysis conducted to meet the requirements of paragraph (c)(5)(i) of
this section, the design analysis shall meet the requirements specified in Sec.
265.103 5(¥)(4)(ni).
(v) The owner or operator shall demonstrate that a carbon adsorption system achieves the
performance requirements of paragraph (c)(l) of this section based on the total quantity
of organics vented to the atmosphere from all carbon adsorption system equipment that is
used for organic adsorption, organic desorption or carbon regeneration, organic recovery,
and carbon disposal.
(6) If the owner or operator and the Regional Administrator do not agree on a
demonstration of control device performance using a design analysis then the
disagreement shall be resolved using the results of a performance test performed by the
owner or operator in accordance with the requirements of paragraph (c)(5)(iii) of this
section. The Regional Administrator may choose to have an authorized representative
observe the performance test.
(7) The closed-vent system and control device shall be inspected and monitored by the
owner or operator in accordance with the procedures specified in 40 CFR 265.1033(f)(2)
and 40 CFR 265.1033(k). The readings from each monitoring device required by 40 CFR
265.1033(f)(2) shall be inspected at least once each operating day to check control device
operation. Any necessary corrective measures shall be immediately implemented to
ensure the control device is operated in compliance with the requirements of this section.
[59 FR 62935, Dec. 6, 1994, as amended at 61 FR 4915, Feb. 9, 1996; 61
FR 59989, Nov. 25, 1996; 62 FR 64667, Dec. 8, 1997]
§265.1089: Inspection and monitoring requirements.
(a) The owner or operator shall inspect and monitor air emission control equipment used
to comply with this subpart in accordance with the applicable requirements specified in
Sec. 265.1085 through Sec. 265.1088 of this subpart.
(b) The owner or operator shall develop and implement a written plan and schedule to
perform the inspections and monitoring required by paragraph (a) of this section. The
owner or operator shall incorporate this plan and schedule into the facility inspection plan
required under 40 CFR 265.15.
[61 FR 59990, Nov. 25, 1996]
§265.1090: Recordkeeping requirements.
(a) Each owner or operator of a facility subject to requirements in this subpart shall
record and maintain the information specified in paragraphs (b) through (j) of this
section, as applicable to the facility. Except for air emission control equipment design
documentation and information required by paragraphs (i) and (j) of this section, records
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required by this section shall be maintained in the operating record for a minimum of 3
years. Air emission control equipment design documentation shall be maintained in the
operating record until the air emission control equipment is replaced or otherwise no
longer in service. Information required by paragraphs (i) and (j) of this section shall be
maintained in the operating record for as long as the waste management unit is not using
air emission controls specified in Sec. Sec. 265.1085 through 265.1088 of this subpart in
accordance with the conditions specified in Sec. 265.1080(d) or Sec. 265.1080(b)(7) of
this subpart, respectively.
(b) The owner or operator of a tank using air emission controls in accordance with the
requirements of Sec. 265.1085 of this subpart shall prepare and maintain records for the
tank that include the following information:
(1) For each tank using air emission controls in accordance with the requirements of Sec.
265.1085 of this subpart, the owner or operator shall record:
(i) A tank identification number (or other unique identification description as selected by
the owner or operator).
(ii) A record for each inspection required by Sec. 265.1085 of this subpart that includes
the following information:
(A) Date inspection was conducted.
(B) For each defect detected during the inspection: The location of the defect, a
description of the defect, the date of detection, and corrective action taken to repair the
defect. In the event that repair of the defect is delayed in accordance with the provisions
of Sec. 265.1085 of this subpart, the owner or operator shall also record the reason for the
delay and the date that completion of repair of the defect is expected.
(2) In addition to the information required by paragraph (b)(l) of this section, the owner
or operator shall record the following information, as applicable to the tank:
(i) The owner or operator using a fixed roof to comply with the Tank Level 1 control
requirements specified in Sec. 265.1085(c) of this subpart shall prepare and maintain
records for each determination for the maximum organic vapor pressure of the hazardous
waste in the tank performed in accordance with the requirements of Sec. 265.1085(c) of
this subpart. The records shall include the date and time the samples were collected, the
analysis method used, and the analysis results.
(ii) The owner or operator using an internal floating roof to comply with the Tank Level 2
control requirements specified in Sec. 265.1085(e) of this subpart shall prepare and
maintain documentation describing the floating roof design.
(iii) Owners and operators using an external floating roof to comply with the Tank Level
2 control requirements specified in Sec. 265.1085(f) of this subpart shall prepare and
maintain the following records:
(A) Documentation describing the floating roof design and the dimensions of the tank.
(B) Records for each seal gap inspection required by Sec. 265.1085(f)(3) of this subpart
describing the results of the seal gap measurements. The records shall include the date
that the measurements were performed, the raw data obtained for the measurements, and
the calculations of the total gap surface area. In the event that the seal gap measurements
do not conform to the specifications in Sec. 265.1085(f)(l) of this subpart, the records
shall include a description of the repairs that were made, the date the repairs were made,
and the date the tank was emptied, if necessary.
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(iv) Each owner or operator using an enclosure to comply with the Tank Level 2 control
requirements specified in Sec. 265.1085(i) of this subpart shall prepare and maintain the
following records:
(A) Records for the most recent set of calculations and measurements performed by the
owner or operator to verify that the enclosure meets the criteria of a permanent total
enclosure as specified in "Procedure I—Criteria for and Verification of a Permanent or
Temporary Total Enclosure" under 40 CFR 52.741, appendix B.
(B) Records required for the closed-vent system and control device in accordance with
the requirements of paragraph (e) of this section.
(c) The owner or operator of a surface impoundment using air emission controls in
accordance with the requirements of Sec. 265.1086 of this subpart shall prepare and
maintain records for the surface impoundment that include the following information:
(1) A surface impoundment identification number (or other unique identification
description as selected by the owner or operator).
(2) Documentation describing the floating membrane cover or cover design, as applicable
to the surface impoundment, that includes information prepared by the owner or operator
or provided by the cover manufacturer or vendor describing the cover design, and
certification by the owner or operator that the cover meets the specifications listed in
Sec. 265.1086(c) of this subpart.
(3) A record for each inspection required by Sec. 265.1086 of this subpart that includes
the following information:
(i) Date inspection was conducted.
(ii) For each defect detected during the inspection the following information: The
location of the defect, a description of the defect, the date of detection, and corrective
action taken to repair the defect. In the event that repair of the defect is delayed in
accordance with the provisions of Sec. 265.1086(f) of this subpart, the owner or operator
shall also record the reason for the delay and the date that completion of repair of the
defect is expected.
(4) For a surface impoundment equipped with a cover and vented through a closed-vent
system to a control device, the owner or operator shall prepare and maintain the records
specified in paragraph (e) of this section.
(d) The owner or operator of containers using Container Level 3 air emission controls in
accordance with the requirements of Sec. 265.1087 of this subpart shall prepare and
maintain records that include the following information:
(1) Records for the most recent set of calculations and measurements performed by the
owner or operator to verify that the enclosure meets the criteria of a permanent total
enclosure as specified in "Procedure T—Criteria for and Verification of a Permanent or
Temporary Total Enclosure" under 40 CFR 52.741, appendix B.
(2) Records required for the closed-vent system and control device in accordance with the
requirements of paragraph (e) of this section.
(e) The owner or operator using a closed-vent system and control device in accordance
with the requirements of Sec. 265.1088 of this subpart shall prepare and maintain records
that include the following information:
(1) Documentation for the closed-vent system and control device that includes:
(i) Certification that is signed and dated by the owner or operator stating that the control
device is designed to operate at the performance level documented by a design analysis as
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specified in paragraph (e)(l)(ii) of this section or by performance tests as specified in
paragraph (e)(l)(iii) of this section when the tank, surface impoundment, or container is
or would be operating at capacity or the highest level reasonably expected to occur.
(ii) If a design analysis is used, then design documentation as specified in 40 CFR
265.1035(b)(4). The documentation shall include information prepared by the owner or
operator or provided by the control device manufacturer or vendor that describes the
control device design in accordance with 40 CFR 265.1035(b)(4)(iii) and certification by
the owner or operator that the control equipment meets the applicable specifications.
(iii) If performance tests are used, then a performance test plan as specified in 40 CFR
265.1035(¥)(3) and all test results.
(iv) Information as required by 40 CFR 265.1035(c)(l) and 40 CFR 265.1035(c)(2). as
applicable.
(v) An owner or operator shall record, on a semiannual basis, the information specified in
paragraphs (e)(l)(v)(A) and (e)(l)(v)(B) of this section for those planned routine
maintenance operations that would require the control device not to meet the equirements
of Sec. 265.1088 (c)(l)(i), (c)(l)(ii), or (c)(l)(iii) of this subpart, as applicable.
(A) A description of the planned routine maintenance that is anticipated to be performed
for the control device during the next 6-month period. This description shall include the
type of maintenance necessary, planned frequency of maintenance, and lengths of
maintenance periods.
(B) A description of the planned routine maintenance that was performed for the control
device during the previous 6-month period. This description shall include the type of
maintenance performed and the total number of hours during those 6 months that the
control device did not meet the requirements of Sec. 265.1088 (c)(l)(i), (c)(l)(ii), or
(c)(l)(iii) of this subpart, as applicable, due to planned routine maintenance.
(vi) An owner or operator shall record the information specified in paragraphs
(e)(l)(vi)(A) through (e)(l)(vi)(C) of this section for those unexpected control device
system malfunctions that would require the control device not to meet the requirements
of Sec. 265.1088 (c)(l)(i), (c)(l)(ii), or (c)(l)(iii) of this subpart, as applicable.
(A) The occurrence and duration of each malfunction of the control device system.
(B) The duration of each period during a malfunction when gases, vapors, or fumes are
vented from the waste management unit through the closed-vent system to the control
device while the control device is not properly functioning.
(C) Actions taken during periods of malfunction to restore a malfunctioning control
device to its normal or usual manner of operation.
(vii) Records of the management of carbon removed from a carbon adsorption system
conducted in accordance with Sec. 265.1088(c)(3)(ii) of this subpart.
(f) The owner or operator of a tank, surface impoundment, or container exempted from
standards in accordance with the provisions of Sec. 265.1083(c) of this subpart shall
prepare and maintain the following records, as applicable:
(1) For tanks, surface impoundments, or containers exempted under the hazardous waste
organic concentration conditions specified in Sec. 265.1083(c)(l) or Sec.
265.1083 (c)(2)(i) through (c)(2)(vi) of this subpart, the owner or operator shall record the
information used for each waste determination (e.g., test results, measurements,
calculations, and other documentation) in the facility operating log. If analysis results for
waste samples are used for the waste determination, then the owner or operator shall
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record the date, time, and location that each waste sample is collected in accordance with
applicable requirements of Sec. 265.1084 of this subpart.
(2) For tanks, surface impoundments, or containers exempted under the provisions of
Sec. 265.1083 (c}(2}(vn} or Sec. 265J083(c)(2)(viii) of this subpart, the owner or
operator shall record the identification number for the incinerator, boiler, or industrial
furnace in which the hazardous waste is treated.
(g) An owner or operator designating a cover as "unsafe to inspect and monitor" pursuant
to Sec. 265.1085(1) or Sec. 265.1086(g) of this subpart shall record in a log that is kept in
the facility operating record the following information: The identification numbers for
waste management units with covers that are designated as "unsafe to inspect and
monitor," the explanation for each cover stating why the cover is unsafe to inspect and
monitor, and the plan and schedule for inspecting and monitoring each cover.
(h) The owner or operator of a facility that is subject to this subpart and to the control
device standards in 40 CFR part 60, subpart VV, or 40 CFR part 61, subpart V, may elect
to demonstrate compliance with the applicable sections of this subpart by documentation
either pursuant to this subpart, or pursuant to the provisions of 40 CFR part 60, subpart
VV or 40 CFR part 61, subpart V, to the extent that the documentation required by 40
CFR parts 60 or 61 duplicates the documentation required by this section.
(i) For each tank or container not using air emission controls specified in Sec. Sec.
265.1085 through 265.1088 of this subpart in accordance with the conditions specified in
Sec. 265.1080(d) of this subpart, the owner or operator shall record and maintain the
following information:
(1) A list of the individual organic peroxide compounds manufactured at the facility that
meet the conditions specified in Sec. 265.1080(d)(l).
(2) A description of how the hazardous waste containing the organic peroxide compounds
identified in paragraph (i)(l) of this section are managed at the facility in tanks and
containers. This description shall include the following information:
(i) For the tanks used at the facility to manage this hazardous waste, sufficient
information shall be provided to describe for each tank: A facility identification number
for the tank; the purpose and placement of this tank in the management train of this
hazardous waste; and the procedures used to ultimately dispose of the hazardous waste
managed in the tanks.
(ii) For containers used at the facility to manage these hazardous wastes, sufficient
information shall be provided to describe: A facility identification number for the
container or group of containers; the purpose and placement of this container, or group of
containers, in the management train of this hazardous waste; and the procedures used to
ultimately dispose of the hazardous waste handled in the containers.
(3) An explanation of why managing the hazardous waste containing the organic
peroxide compounds identified in paragraph (i)(l) of this section in the tanks and
containers as described in paragraph (i)(2) of this section would create an undue safety
hazard if the air emission controls, as required under Sec. Sec. 265.1085 through
265.1088 of this subpart, are installed and operated on these waste management units.
This explanation shall include the following information:
(i) For tanks used at the facility to manage these hazardous wastes, sufficient information
shall be provided to explain: How use of the required air emission controls on the tanks
would affect the tank design features and facility operating procedures currently used to
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prevent an undue safety hazard during the management of this hazardous waste in the
tanks; and why installation of safety devices on the required air emission controls, as
allowed under this subpart, will not address those situations in which evacuation of tanks
equipped with these air emission controls is necessary and consistent with good
engineering and safety practices for handling organic peroxides.
(ii) For containers used at the facility to manage these hazardous wastes, sufficient
information shall be provided to explain: How use of the required air emission controls
on the containers would affect the container design features and handling procedures
currently used to prevent an undue safety hazard during the management of this
hazardous waste in the containers; and why installation of safety devices on the required
air emission controls, as allowed under this subpart, will not address those situations in
which evacuation of containers equipped with these air emission controls is necessary
and consistent with good engineering and safety practices for handling organic peroxides.
(j) For each hazardous waste management unit not using air emission controls specified
in Sec. Sec. 265.1085 through 265.1088 of this subpart in accordance with the provisions
of Sec. 265.1080(b)(7) of this subpart, the owner and operator shall record and maintain
the following information:
(1) Certification that the waste management unit is equipped with and operating air
emission controls in accordance with the requirements of an applicable Clean Air Act
regulation codified under 40 CFR part 60, part 61, or part 63.
(2) Identification of the specific requirements codified under 40 CFR part 60, part 61, or
part 63 with which the waste management unit is in compliance.
[61 FR 59990, Nov. 25, 1996, as amended at 62 FR 64667, Dec. 8, 1997]
Related Resources:
• Frequently Asked Questions on the 40 CFR PART 264/265, Subpart CC Air
Emission Standards
• RCRA Organic Air Emission Standards for TSDFs and Generators
• Applicability of Subpart CC Air Emission Regulations
• RCRA Organic Air Emissions Training and Assistance: RCRA Subpart AA, BB
and CC Regulations Body of Knowledge
• Technical Guidance Document for RCRA Air Emission Standards for Process
Vents and Equipment Leaks
• Background Information Document for Promulgated Organic Air Emission
Standards for Tanks, Surface Impoundments, and Containers
• Subpart CC Waste Determination Options
• Applicability of Parts 264/265, Subparts AA, BB and CC
• Waste Analysis Information for Purposes of Subpart CC Compliance
• Clarification of Subpart CC Standards
• Applicability of Subpart CC Air Emission Regulations
Closure and Post-closure
§ 265 Subpart G (From 40 CFR 262.34 (a)(4))
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§ 265.111: Closure performance standard.
The owner or operator must close the facility in a manner that:
(a) Minimizes the need for further maintenance, and
(b) Controls, minimizes or eliminates, to the extent necessary to protect human health and
the environment, post-closure escape of hazardous waste, hazardous constituents,
leachate, contaminated run-off, or hazardous waste decomposition products to the ground
or surface waters or to the atmosphere, and
(c) Complies with the closure requirements of this subpart, including, but not
limited to, the requirements of §§ 265.197, 265.228, 265.258, 265.280, 265.310,
265.351, 265.381, 265.404, and 265.1102. (See citations below.)
[51FR 16451, May 2, 1986, as amended at 57 FR 37267, Aug. 18, 1992]
§ 265.114: Disposal or decontamination of equipment, structures and soils.
During the partial and final closure periods, all contaminated equipment, structures and
soil must be properly disposed of, or decontaminated unless specified otherwise in §§
265.197, 265.228, 265.258, 265.280, or 265.310 By removing all hazardous wastes or
hazardous constituents during partial and final closure, the owner or operator may
become a generator of hazardous waste and must handle that hazardous waste in
accordance with all applicable requirements of part 262 of this chapter.
[51 FR 16451, May 2, 1986, as amended at 53 FR 34086, Sept. 2, 1988]
§ 265.197: Closure and post-closure care.
(a) At closure of a tank system, the owner or operator must remove or decontaminate all
waste residues, contaminated containment system components (liners, etc.), contaminated
soils, and structures and equipment contaminated with waste, and manage them as
hazardous waste, unless § 261.3(d) of this Chapter applies. The closure plan, closure
activities, cost estimates for closure, and financial responsibility for tank systems must
meet all of the requirements specified in subparts G and H of this part.
(b) If the owner or operator demonstrates that not all contaminated soils can be
practicably removed or decontaminated as required in paragraph (a) of this section, then
the owner or operator must close the tank system and perform post-closure care in
accordance with the closure and post-closure care requirements that apply to landfills (§
265.310) In addition, for the purposes of closure, post-closure, and financial
responsibility, such a tank system is then considered to be a landfill, and the owner or
operator must meet all of the requirements for landfills specified in subparts G and H of
this part.
(c) If an owner or operator has a tank system which does not have secondary containment
that meets the requirements of § 265.193(b) through (f) and which is not exempt from the
secondary containment requirements in accordance with § 265.193 (g), then,
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(1) The closure plan for the tank system must include both a plan for complying with
paragraph (a) of this section and a contingent plan for complying with paragraph (b) of
this section.
(2) A contingent post-closure plan for complying with paragraph (b) of this section must
be prepared and submitted as part of the permit application.
(3) The cost estimates calculated for closure and post-closure care must reflect the costs
of complying with the contingent closure plan and the contingent post-closure plan, if
these costs are greater than the costs of complying with the closure plan prepared for the
expected closure under paragraph (a) of this section.
(4) Financial assurance must be based on the cost estimates in paragraph (c)(3) of this
section. (5) For the purposes of the contingent closure and post-closure plans, such a tank
system is considered to be a landfill, and the contingent plans must meet all of the
closure, post-closure, and financial responsibility requirements for landfills under
subparts G and H of this part.
§ 265.228: Closure and post-closure care.
(a) At closure, the owner or operator must:
(1) Remove or decontaminate all waste residues, contaminated containment system
components (liners, etc.), contaminated subsoils, and structures and equipment
contaminated with waste and leachate, and manage them as hazardous waste unless §
261.3(d) of this chapter applies; or
(2) Close the impoundment and provide post-closure care for a landfill under subpart G
and § 265.310, including the following:
(i) Eliminate free liquids by removing liquid wastes or solidifying the remaining wastes
and waste residues;
(ii) Stabilize remaining wastes to a bearing capacity sufficient to support the final cover;
and
(iii) Cover the surface impoundment with a final cover designed and constructed to:
(A) Provide long-term minimization of the migration of liquids through the closed
impoundment;
(B) Function with minimum maintenance;
(C) Promote drainage and minimize erosion or abrasion of the cover;
(D) Accommodate settling and subsidence so that the cover's integrity is maintained; and
(E) Have a permeability less than or equal to the permeability of any bottom liner system
or natural subsoils present.
(b) In addition to the requirements of subpart G, and § 265.310, during the post-closure
care period, the owner or operator of a surface impoundment in which wastes, waste
residues, or contaminated materials remain after closure in accordance with the
provisions of paragraph (a)(2) of this section must:
(1) Maintain the integrity and effectiveness of the final cover, including making repairs to
the cover as necessary to correct the effects of settling, subsidence, erosion, or other
events;
(2) Maintain and monitor the leak detection system in accordance with §§
264.221(c)(2)(iv) and (3) of this chapter and 265.226(b) and comply with all other
applicable leak detection system requirements of this part;
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(3) Maintain and monitor the ground- water monitoring system and comply with all other
applicable requirements of subpartF of this part; and
(4) Prevent run-on and run-off from eroding or otherwise damaging the final cover.
[52 FR 8708, Mar. 19, 1987, as amended at 57 FR 3493, Jan. 29, 1992; 71 FR 40275,
July 14, 2006]
§ 265.258: Closure and post-closure care.
(a) At closure, the owner or operator must remove or decontaminate all waste residues,
contaminated containment system components (liners, etc.), contaminated subsoils, and
structures and equipment contaminated with waste and leachate, and manage them as
hazardous waste unless § 261.3(d) of this chapter applies; or
(b) If, after removing or decontaminating all residues and making all reasonable efforts to
effect removal or decontamination of contaminated components, subsoils, structures, and
equipment as required in paragraph (a) of this section, the owner or operator finds that
not all contaminated subsoils 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 (§ 265.310).
[47 FR 32368, July 26, 1982]
§ 265.280: Closure and post-closure.
(a) In the closure plan under § 265.112 and the post-closure plan under § 265.118, the
owner or operator must address the following objectives and indicate how they will be
achieved:
(1) Control of the migration of hazardous waste and hazardous waste constituents from
the treated area into the ground water;
(2) Control of the release of contaminated run-off from the facility into surface water;
(3) Control of the release of airborne particulate contaminants caused by wind erosion;
and
(4) Compliance with § 265.276 concerning the growth of food-chain crops.
(b) The owner or operator must consider at least the following factors in addressing the
closure and post-closure care objectives of paragraph (a) of this section:
(1) Type and amount of hazardous waste and hazardous waste constituents applied to the
land treatment facility;
(2) The mobility and the expected rate of migration of the hazardous waste and hazardous
waste constituents;
(3) Site location, topography, and surrounding land use, with respect to the potential
effects of pollutant migration (e.g., proximity to ground water, surface water and drinking
water sources); (4) Climate, including amount, frequency, and pH of precipitation;
(5) Geological and soil profiles and surface and subsurface hydrology of the site, and soil
characteristics, including cation exchange capacity, total organic carbon, and pH;
(6) Unsaturated zone monitoring information obtained under § 265.278; and
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(7) Type, concentration, and depth of migration of hazardous waste constituents in the
soil as compared to their background concentrations.
(c) The owner or operator must consider at least the following methods in addressing the
closure and post-closure care objectives of paragraph (a) of this section:
(1) Removal of contaminated soils;
(2) Placement of a final cover, considering:
(i) Functions of the cover (e.g., infiltration control, erosion and run-off control, and wind
erosion control); and
(ii) Characteristics of the cover, including material, final surface contours, thickness,
porosity and permeability, slope, length of run of slope, and type of vegetation on the
cover; and
(3) Monitoring of ground water.
(d) In addition to the requirements of subpart G of this part, during the closure period the
owner or operator of aland treatment facility must:
(1) Continue unsaturated zone monitoring in a manner and frequency specified in the
closure plan, except that soil pore liquid monitoring may be terminated 90 days after the
last application of waste to the treatment zone;
(2) Maintain the run-on control system required under § 265.272(b);
(3) Maintain the run-off management system required under § 265.272(c); and
(4) Control wind dispersal of particulate matter which may be subject to wind dispersal.
(e) For the purpose of complying with §265.115, when closure is completed the owner or
operator may submit to the Regional Administrator certification both by the owner or
operator and by an independent, qualified soil scientist, in lieu of a qualified Professional
Engineer, that the facility has been closed in accordance with the specifications in the
approved closure plan.
(f) In addition to the requirements of § 265.117, during the post-closure care period the
owner or operator of a land treatment unit must:
(1) Continue soil-core monitoring by collecting and analyzing samples in a manner and
frequency specified in the post-closure plan;
(2) Restrict access to the unit as appropriate for its post-closure use;
(3) Assure that growth of food chain crops complies with § 265.276; and
(4) Control wind dispersal of hazardous waste.
[45 FR 33232, May 19, 1980, as amended at 47 FR 32368, July 26, 1982; 71 FR 16911,
Apr. 4, 2006; 71 FR 40275, July 14, 2006]
§ 265.310: Closure and post-closure care.
(a) At final closure of the landfill or upon closure of any cell, the owner or 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 or abrasion of the cover;
(4) Accommodate settling and subsidence so that the cover's integrity is maintained; and
(5) Have a permeability less than or equal to the permeability of any bottom liner system
or natural subsoils present.
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(b) After final closure, the owner or operator must comply with all post-closure
requirements contained in §§ 265.117 through 265.120 including maintenance and
monitoring throughout the post-closure care period. The owner or operator must:
(1) Maintain the integrity and effectiveness of the final cover, including making repairs to
the cover as necessary to correct the effects of settling, subsidence, erosion, or other
events;
(2) Maintain and monitor the leak detection system in accordance with §§
264.30 l(c)(3)(iv) and (4) of this chapter and 265.304(bX and comply with all other
applicable leak detection system requirements of this part;
(3) Maintain and monitor the ground-water monitoring system and comply with all other
applicable requirements of subpartF of this part;
(4) Prevent run-on and run-off from eroding or otherwise damaging the final cover; and
(5) Protect and maintain surveyed benchmarks used in complying with §265.309.
[50 FR 16048, Apr. 23, 1985, as amended at 57FR 3495, Jan. 29, 1992]
§ 265.351: Closure.
At closure, the owner or operator must remove all hazardous waste and hazardous waste
residues (including but not limited to ash, scrubber waters, and scrubber sludges) from
the incinerator.
[Comment: At closure, as throughout the operating period, unless the owner or operator
can demonstrate, in accordance with § 261.3(d) of this chapter, that the residue removed
from his incinerator is not a hazardous waste, the owner or operator becomes a
generator of hazardous waste and must manage it in accordance with all applicable
requirements of parts 262 through 266 of this chapter.]
§ 265.381: Closure.
At closure, the owner or operator must remove all hazardous waste and hazardous waste
residues (including, but not limited to, ash) from the thermal treatment process or
equipment.
[Comment: At closure, as throughout the operating period, unless the owner or operator
can demonstrate, in accordance with § 261.3(c) or (d) of this chapter, that any solid
waste removed from his thermal treatment process or equipment is not a hazardous
waste, the owner or operator becomes a generator of hazardous waste and must manage
it in accordance with all applicable requirements of parts 262, 263, and 265 of this
chapter.]
§ 265.404: Closure.
At closure, all hazardous waste and hazardous waste residues must be removed from
treatment processes or equipment, discharge control equipment, and discharge
confinement structures.
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[Comment: At closure, as throughout the operating period, unless the owner or operator
can demonstrate, in accordance with § 261.3(c) or (d) of this chapter, that any solid
waste removed from his treatment process or equipment is not a hazardous waste, the
owner or operator becomes a generator of hazardous waste and must manage it in
accordance with all applicable requirements of parts 262, 263, and 265 of this chapter.]
§ 265.1102: Closure and post-closure care.
(a) At closure of a containment building, the owner or operator must remove or
decontaminate all waste residues, contaminated containment system components (liners,
etc.), contaminated subsoils, and structures and equipment contaminated with waste and
leachate, and manage them as hazardous waste unless § 261.3(d) of this chapter applies.
The closure plan, closure activities, cost estimates for closure, and financial responsibility
for containment buildings must meet all of the requirements specified in subparts G and
H of this part.
(b) If, after removing or decontaminating all residues and making all reasonable efforts to
effect removal or decontamination of contaminated components, subsoils, structures, and
equipment as required in paragraph (a) of this section, the owner or operator finds that
not all contaminated subsoils 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 (§ 265.310). In addition, for the purposes of
closure, post-closure, and financial responsibility, such a containment building is then
considered to be a landfill, and the owner or operator must meet all of the requirements
for landfills specified in subparts G and H of this part.
Related Resources:
• Generator Closure Requirements
• Contents of Closure Plan
• Drip Pad Closure Notification and Certification Requirements
Special Requirements for Generators ofF006
§ 262.34: Accumulation time.
(d) A generator who generates greater than 100 kilograms but less than 1000 kilograms
of hazardous waste in a calendar month may accumulate hazardous waste on-site for 180
days or less without a permit or without having interim status provided that:
(1) The quantity of waste accumulated on-site never exceeds 6000 kilograms;
(2) The generator complies with the requirements of subpart I of part 265 of this chapter,
except for §§ 265.176 and 265.178:
(3) The generator complies with the requirements of § 265.201 in subpart J of part 265:
(4) The generator complies with the requirements of paragraphs (a)(2) and (a)(3) of this
section, the requirements of subpart C of part 265, the requirements of 40 CFR
268.7(a)(5): and
(5) The generator complies with the following requirements:
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(i) At all times there must be at least one employee either on the premises or on call (i.e.,
available to respond to an emergency by reaching the facility within a short period of
time) with the responsibility for coordinating all emergency response measures specified
in paragraph (d)(5)(iv) of this section. This employee is the emergency coordinator.
(ii) The generator must post the following information next to the telephone:
(A) The name and telephone number of the emergency coordinator;
(B) Location of fire extinguishers and spill control material, and, if present, fire alarm;
and
(C) The telephone number of the fire department, unless the facility has a direct alarm.
(iii) The generator must ensure that all employees are thoroughly familiar with proper
waste handling and emergency procedures, relevant to their responsibilities during
normal facility operations and emergencies;
(iv) The emergency coordinator or his designee must respond to any emergencies that
arise. The applicable responses are as follows:
(A) In the event of a fire, call the fire department or attempt to extinguish it using a fire
extinguisher;
(B) In the event of a spill, contain the flow of hazardous waste to the extent possible, and
as soon as is practicable, clean up the hazardous waste and any contaminated materials or
soil;
(C) In the event of a fire, explosion, or other release which could threaten human health
outside the facility or when the generator has knowledge that a spill has reached surface
water, the generator must immediately notify the National Response Center (using their
24-hour toll free number 800/424-8802). The report must include the following
information:
(7) The name, address, and U.S. EPA Identification Number of the generator;
(2) Date, time, and type of incident (e.g., spill or fire);
(3) Quantity and type of hazardous waste involved in the incident;
(4) Extent of injuries, if any; and
(5) Estimated quantity and disposition of recovered materials, if any.
(e) A generator who generates greater than 100 kilograms but less than 1000 kilograms of
hazardous waste in a calendar month and who must transport his waste, or offer his waste
for transportation, over a distance of 200 miles or more for off-site treatment, storage or
disposal may accumulate hazardous waste on-site for 270 days or less without a permit or
without having interim status provided that he complies with the requirements of
paragraph (d) of this section.
(f) A generator who generates greater than 100 kilograms but less than 1000 kilograms of
hazardous waste in a calendar month and who accumulates hazardous waste in quantities
exceeding 6000 kg or accumulates hazardous waste for more than 180 days (or for more
than 270 days if he must transport his waste, or offer his waste for transportation, over a
distance of 200 miles or more) is an operator of a storage facility and is subject to the
requirements of 40 CFR parts 264 and 265 and the permit requirements of 40 CFR part
270 unless he has been granted an extension to the 180-day (or 270-day if applicable)
period. Such extension may be granted by EPA if hazardous wastes must remain on-site
for longer than 180 days (or 270 days if applicable) due to unforeseen, temporary, and
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uncontrollable circumstances. An extension of up to 30 days may be granted at the
discretion of the Regional Administrator on a case-by-case basis.
(g) A generator who generates 1,000 kilograms or greater of hazardous waste per
calendar month who also generates wastewater treatment sludges from electroplating
operations that meet the listing description for the RCRA hazardous waste code F006,
may accumulate F006 waste on- site for more than 90 days, but not more than 180 days
without a permit or without having interim status provided that:
(1) The generator has implemented pollution prevention practices that reduce the amount
of any hazardous substances, pollutants or contaminants entering F006 or otherwise
released to the environment prior to its recycling;
(2) The F006 waste is legitimately recycled through metals recovery;
(3) No more than 20,000 kilograms of F006 waste is accumulated on-site at any one time;
and
(4) The F006 waste is managed in accordance with the following:
(i) The F006 waste is placed:
(A) In containers and the generator complies with the applicable requirements of subparts
I, AA, BB, and CC of 40 CFR part 265: and/or
(B) In tanks and the generator complies with the applicable requirements of subparts J,
AA, BB, and CC of 40 CFR part 265. except §§ 265.197(c) and 265.200: and/or
(C) In containment buildings and the generator complies with subpart DD of 40 CFR part
265, and has placed its professional engineer certification that the building complies with
the design standards specified in 40 CFR 265.1101 in the facility's operating record prior
to operation of the unit. The owner or operator must maintain the following records at the
facility:
(7) A written description of procedures to ensure that the F006 waste remains in the unit
for no more than 180 days, a written description of the waste generation and management
practices for the facility showing that they are consistent with the 180-day limit, and
documentation that the generator is complying with the procedures; or
(2) Documentation that the unit is emptied at least once every 180 days.
(ii) In addition, such a generator is exempt from all the requirements in subparts G and H
of 40 CFR part 265. except for §§ 265.111 and 265.114.
(iii) The date upon which each period of accumulation begins is clearly marked and
visible for inspection on each container;
(iv) While being accumulated on-site, each container and tank is labeled or marked
clearly with the words, "Hazardous Waste;" and
(v) The generator complies with the requirements for owners or operators in subparts C
and D in 40 CFR part 265. with 40 CFR 265.16. and with 40 CFR 268.7(a)(5).
(h) A generator who generates 1,000 kilograms or greater of hazardous waste per
calendar month who also generates wastewater treatment sludges from electroplating
operations that meet the listing description for the RCRA hazardous waste code F006,
and who must transport this waste, or offer this waste for transportation, over a distance
of 200 miles or more for off-site metals recovery, may accumulate F006 waste on-site for
more than 90 days, but not more than 270 days without a permit or without having
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interim status if the generator complies with the requirements of paragraphs (g)(l)
through (g)(4) of this section.
(i) A generator accumulating F006 in accordance with paragraphs (g) and (h) of this
section who accumulates F006 waste on-site for more than 180 days (or for more than
270 days if the generator must transport this waste, or offer this waste for transportation,
over a distance of 200 miles or more), or who accumulates more than 20,000 kilograms
of F006 waste on-site is an operator of a storage facility and is subject to the requirements
of 40 CFR parts 264 and 265 and the permit requirements of 40 CFR part 270 unless the
generator has been granted an extension to the 180-day (or 270-day if applicable) period
or an exception to the 20,000 kilogram accumulation limit. Such extensions and
exceptions may be granted by EPA if F006 waste must remain on-site for longer than 180
days (or 270 days if applicable) or if more than 20,000 kilograms of F006 waste must
remain on- site due to unforeseen, temporary, and uncontrollable circumstances. An
extension of up to 30 days or an exception to the accumulation limit may be granted at
the discretion of the Regional Administrator on a case-by-case basis.
Special Requirements for Performance Track Members
§ 262.34: Accumulation time.
(j) A member of the Performance Track Program who generates 1000 kg or greater of
hazardous waste per month (or one kilogram or more of acute hazardous waste) may
accumulate hazardous waste on-site without a permit or interim status for an extended
period of time, provided that:
(1) The generator accumulates the hazardous waste for no more than 180 days, or for no
more than 270 days if the generator must transport the waste (or offer the waste for
transport) more than 200 miles from the generating facility; and
(2) The generator first notifies the Regional Administrator and the Director of the
authorized State in writing of its intent to begin accumulation of hazardous waste for
extended time periods under the provisions of this section. Such advance notice must
include:
(i) Name and EPA ID number of the facility, and specification of when the facility will
begin accumulation of hazardous wastes for extended periods of time in accordance with
this section; and
(ii) A description of the types of hazardous wastes that will be accumulated for extended
periods of time, and the units that will be used for such extended accumulation; and
(iii) A Statement that the facility has made all changes to its operations, procedures,
including emergency preparedness procedures, and equipment, including equipment
needed for emergency preparedness, that will be necessary to accommodate extended
time periods for accumulating hazardous wastes; and
(iv) If the generator intends to accumulate hazardous wastes on-site for up to 270 days, a
certification that a facility that is permitted (or operating under interim status) under part
270 of this chapter to receive these wastes is not available within 200 miles of the
generating facility; and (3) The waste is managed in:
(i) Containers, in accordance with the applicable requirements of subparts I, AA, BB, and
CC of 40 CFR part 265 and 40 CFR 264.175: or
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(ii) Tanks, in accordance with the applicable requirements of subparts J, AA, BB, and CC
of 40 CFR part 265. except for §§ 265.197(c) and 265.200: or
(iii) Drip pads, in accordance with subpart W of 40 CFR part 265; or
(iv) Containment buildings, in accordance with subpart DD of 40 CFR part 265; and
(4) The quantity of hazardous waste that is accumulated for extended time periods at the
facility does not exceed 30,000 kg; and
(5) The generator maintains the following records at the facility for each unit used for
extended accumulation times:
(i) A written description of procedures to ensure that each waste volume remains in the
unit for no more than 180 days (or 270 days, as applicable), a description of the waste
generation and management practices at the facility showing that they are consistent with
the extended accumulation time limit, and documentation that the procedures are
complied with; or
(ii) Documentation that the unit is emptied at least once every 180 days (or 270 days, if
applicable); and
(6) Each container or tank that is used for extended accumulation time periods is labeled
or marked clearly with the words "Hazardous Waste," and for each container the date
upon which each period of accumulation begins is clearly marked and visible for
inspection; and
(7) The generator complies with the requirements for owners and operators in subparts C
and D in 40 CFR part 265. with § 265.16. and with § 268/7(a)(5). In addition, such a
generator is exempt from all the requirements in subparts G and H of part 265 of this
chapter, except for §§ 265.111 and 265.114; and
(8) The generator has implemented pollution prevention practices that reduce the amount
of any hazardous substances, pollutants, or contaminants released to the environment
prior to its recycling, treatment, or disposal; and
(9) The generator includes the following with its Performance Track Annual Performance
Report, which must be submitted to the Regional Administrator and the Director of the
authorized State:
(i) Information on the total quantity of each hazardous waste generated at the facility that
has been managed in the previous year according to extended accumulation time periods;
and
(ii) Information for the previous year on the number of off-site shipments of hazardous
wastes generated at the facility, the types and locations of destination facilities, how the
wastes were managed at the destination facilities (e.g., recycling, treatment, storage, or
disposal), and what changes in on-site or off-site waste management practices have
occurred as a result of extended accumulation times or other pollution prevention
provisions of this section; and
(iii) Information for the previous year on any hazardous waste spills or accidents
occurring at extended accumulation units at the facility, or during off-site transport of
accumulated wastes; and
(iv) If the generator intends to accumulate hazardous wastes on-site for up to 270 days, a
certification that a facility that is permitted (or operating under interim status) under part
270 of this chapter to receive these wastes is not available within 200 miles of the
generating facility; and
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(k) If hazardous wastes must remain on-site at a Performance Track member facility for
longer than 180 days (or 270 days, if applicable) due to unforeseen, temporary, and
uncontrollable circumstances, an extension to the extended accumulation time period of
up to 30 days may be granted at the discretion of the Regional Administrator on a case-
by-case basis.
(1) If a generator who is a member of the Performance Track Program withdraws from the
Performance Track Program, or if the Regional Administrator terminates a generator's
membership, the generator must return to compliance with all otherwise applicable
hazardous waste regulations as soon as possible, but no later than six months after the
date of withdrawal or termination.
(m) A generator who sends a shipment of hazardous waste to a designated facility with
the understanding that the designated facility can accept and manage the waste and later
receives that shipment back as a rejected load or residue in accordance with the manifest
discrepancy provisions of § 264.72 or § 265.72 of this chapter may accumulate the
returned waste on-site in accordance with paragraphs (a) and (b) or (d), (e) and (f) of this
section, depending on the amount of hazardous waste on-site in that calendar month.
Upon receipt of the returned shipment, the generator must:
(1) Sign Item 18c of the manifest, if the transporter returned the shipment using the
original manifest; or
(2) Sign Item 20 of the manifest, if the transporter returned the shipment using a new
manifest.
Subpart K—Alternative Requirements for Laboratories Owned by Eligible Academic
Entities
Source: 73 72954, Dec. 1, 2008, unless otherwise noted.
§ 262.200 Definitions for this subpart.
The following definitions apply to this subpart:
Central accumulation area means an on-site hazardous waste accumulation area subject
to either §262.34(a) (or 262.34 (j) and (k) for Performance Track members) of this part
(large quantity generators); or §262.34 (d)-(f) of this part (small quantity generators). A
central accumulation area at an eligible academic entity that chooses to be subject to this
subpart must also comply with §262.211 when accumulating unwanted material and/or
hazardous waste.
College/University means a private or public, post-secondary, degree-granting, academic
institution, that is accredited by an accrediting agency listed annually by the U.S.
Department of Education.
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Eligible academic entity means a college or university, or a non-profit research institute
that is owned by or has a formal written affiliation agreement with a college or university,
or a teaching hospital that is owned by or has a formal written affiliation agreement with
a college or university.
Formal written affiliation agreement for a non-profit research institute means a written
document that establishes a relationship between institutions for the purposes of research
and/or education and is signed by authorized representatives, as defined by §260.10, from
each institution. A relationship on a project-by-project or grant-by-grant basis is not
considered a formal written affiliation agreement. A formal written affiliation agreement
for a teaching hospital means a master affiliation agreement and program letter of
agreement, as defined by the Accreditation Council for Graduate Medical Education,
with an accredited medical program or medical school.
Laboratory means an area owned by an eligible academic entity where relatively small
quantities of chemicals and other substances are used on a non-production basis for
teaching or research (or diagnostic purposes at a teaching hospital) and are stored and
used in containers that are easily manipulated by one person. Photo laboratories, art
studios, and field laboratories are considered laboratories. Areas such as chemical
stockrooms and preparatory laboratories that provide a support function to teaching or
research laboratories (or diagnostic laboratories at teaching hospitals) are also considered
laboratories.
Laboratory clean-out means an evaluation of the inventory of chemicals and other
materials in a laboratory that are no longer needed or that have expired and the
subsequent removal of those chemicals or other unwanted materials from the laboratory.
A clean-out may occur for several reasons. It may be on a routine basis (e.g., at the end of
a semester or academic year) or as a result of a renovation, relocation, or change in
laboratory supervisor/occupant. A regularly scheduled removal of unwanted material as
required by §262.208 does not qualify as a laboratory clean-out.
Laboratory worker means a person who handles chemicals and/or unwanted material in a
laboratory and may include, but is not limited to, faculty, staff, post-doctoral fellows,
interns, researchers, technicians, supervisors/managers, and principal investigators. A
person does not need to be paid or otherwise compensated for his/her work in the
laboratory to be considered a laboratory worker. Undergraduate and graduate students in
a supervised classroom setting are not laboratory workers.
Non-profit research institute means an organization that conducts research as its primary
function and files as a non-profit organization under the tax code of 26 U.S.C. 501(c)(3).
Reactive acutely hazardous unwanted material means an unwanted material that is one of
the acutely hazardous commercial chemical products listed in §26L33.(e) for reactivity.
Teaching hospital means a hospital that trains students to become physicians, nurses or
other health or laboratory personnel.
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Trained professional means a person who has completed the applicable RCRA training
requirements of §265.16 for large quantity generators, or is knowledgeable about normal
operations and emergencies in accordance with §262.34 (d)(5)(iii) for small quantity
generators and conditionally exempt small quantity generators. A trained professional
may be an employee of the eligible academic entity or may be a contractor or vendor who
meets the requisite training requirements.
Unwanted material means any chemical, mixtures of chemicals, products of experiments
or other material from a laboratory that is no longer needed, wanted or usable in the
laboratory and that is destined for hazardous waste determination by a trained
professional. Unwanted materials include reactive acutely hazardous unwanted materials
and materials that may eventually be determined not to be solid waste pursuant to §261.2,
or a hazardous waste pursuant to §261.3. If an eligible academic entity elects to use
another equally effective term in lieu of "unwanted material," as allowed by
§262.206(a)(l)(i), the equally effective term has the same meaning and is subject to the
same requirements as "unwanted material" under this subpart.
Working container means a small container ( i.e. , two gallons or less) that is in use at a
laboratory bench, hood, or other work station, to collect unwanted material from a
laboratory experiment or procedure.
§ 262.201 Applicability of this subpart.
(a) Large quantity generators and small quantity generators. This subpart provides
alternative requirements to the requirements in §§262.11 and (c) for the hazardous waste
determination and accumulation of hazardous waste in laboratories owned by eligible
academic entities that choose to be subject to this subpart, provided that they complete
the notification requirements of §262.203.
(b) Conditionally exempt small quantity generators. This subpart provides alternative
requirements to the conditional exemption in §261.5(b) for the accumulation of
hazardous waste in laboratories owned by eligible academic entities that choose to be
subject to this subpart, provided that they complete the notification requirements of
§262.203.
§ 262.202 This subpart is optional.
(a) Large quantity generators and small quantity generators: Eligible academic entities
have the option of complying with this subpart with respect to its laboratories, as an
alternative to complying with the requirements of §§262.Hand 262.34 (c).
(b) Conditionally exempt small quantity generators. Eligible academic entities have the
option of complying with this subpart with respect to its laboratories, as an alternative to
complying with the conditional exemption of §261.5 (b).
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§ 262.203 How an eligible academic entity indicates it will be subject to the
requirements of this subpart.
(a) An eligible academic entity must notify the appropriate EPA Regional Administrator
in writing, using the RCRA Subtitle C Site Identification Form (EPA Form 8700-12),
that it is electing to be subject to the requirements of this subpart for all the laboratories
owned by the eligible academic entity under the same EPA Identification Number. An
eligible academic entity that is a conditionally exempt small quantity generator and does
not have an EPA Identification Number must notify that it is electing to be subject to the
requirements of this subpart for all the laboratories owned by the eligible academic entity
that are on-site, as defined by §260.10. An eligible academic entity must submit a
separate notification (Site Identification Form) for each EPA Identification Number (or
site, for conditionally exempt small quantity generators) that is electing to be subject to
the requirements of this subpart, and must submit the Site Identification Form before it
begins operating under this subpart.
(b) When submitting the Site Identification Form, the eligible academic entity must, at a
minimum, fill out the following fields on the form:
(1) Reason for Submittal.
(2) Site EPA Identification Number (except for conditionally exempt small quantity
generators).
(3) Site Name.
(4) Site Location Information.
(5) Site Land Type.
(6) North American Industry Classification System (NAICS) Code(s) for the Site.
(7) Site Mailing Address.
(8) Site Contact Person.
(9) Operator and Legal Owner of the Site.
(10) Type of Regulated Waste Activity.
(11) Certification.
(c) An eligible academic entity must keep a copy of the notification on file at the eligible
academic entity for as long as its laboratories are subject to this subpart.
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(d) A teaching hospital that is not owned by a college or university must keep a copy of
its formal written affiliation agreement with a college or university on file at the teaching
hospital for as long as its laboratories are subject to this subpart.
(e) A non-profit research institute that is not owned by a college or university must keep a
copy of its formal written affiliation agreement with a college or university on file at the
non-profit research institute for as long as its laboratories are subject to this subpart.
§ 262.204 How an eligible academic entity indicates it will withdraw from the
requirements of this subpart.
(a) An eligible academic entity must notify the appropriate EPA Regional Administrator
in writing, using the RCRA Subtitle C Site Identification Form (EPA Form 8700-12),
that it is electing to no longer be subject to the requirements of this subpart for all the
laboratories owned by the eligible academic entity under the same EPA Identification
Number and that it will comply with the requirements of §§262.11 and 262.34 (c) for
small quantity generators and large quantity generators. An eligible academic entity that
is a conditionally exempt small quantity generator and does not have an EPA
Identification Number must notify that it is withdrawing from the requirements of this
subpart for all the laboratories owned by the eligible academic entity that are on-site and
that it will comply with the conditional exemption in §261.5(b). An eligible academic
entity must submit a separate notification (Site Identification Form) for each EPA
Identification Number (or site, for conditionally exempt small quantity generators) that is
withdrawing from the requirements of this subpart and must submit the Site Identification
Form before it begins operating under the requirements of §§262.11 and 262.34 (c) for
small quantity generators and large quantity generators, or §261.5 (b) for conditionally
exempt small quantity generators.
(b) When submitting the Site Identification Form, the eligible academic entity must, at a
minimum, fill out the following fields on the form:
(1) Reason for Submittal.
(2) Site EPA Identification Number (except for conditionally exempt small quantity
generators).
(3) Site Name.
(4) Site Location Information.
(5) Site Land Type.
(6) North American Industry Classification System (NAICS) Code(s) for the Site.
(7) Site Mailing Address.
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(8) Site Contact Person.
(9) Operator and Legal Owner of the Site.
(10) Type of Regulated Waste Activity.
(11) Certification.
(c) An eligible academic entity must keep a copy of the withdrawal notice on file at the
eligible academic entity for three years from the date of the notification.
§ 262.205 Summary of the requirements of this subpart.
An eligible academic entity that chooses to be subject to this subpart is not required to
have interim status or a RCRA Part B permit for the accumulation of unwanted material
and hazardous waste in its laboratories, provided the laboratories comply with the
provisions of this subpart and the eligible academic entity has a Laboratory Management
Plan (LMP) in accordance with §262.214 that describes how the laboratories owned by
the eligible academic entity will comply with the requirements of this subpart.
§ 262.206 Labeling and management standards for containers of unwanted material
in the laboratory.
An eligible academic entity must manage containers of unwanted material while in the
laboratory in accordance with the requirements in this section.
(a) Labeling: Label unwanted material as follows:
(1) The following information must be affixed or attached to the container:
(i) The words "unwanted material" or another equally effective term that is to be used
consistently by the eligible academic entity and that is identified in Part I of the
Laboratory Management Plan, and
(ii) Sufficient information to alert emergency responders to the contents of the container.
Examples of information that would be sufficient to alert emergency responders to the
contents of the container include, but are not limited to:
(A) The name of the chemical(s),
(B) The type or class of chemical, such as organic solvents or halogenated organic
solvents.
(2) The following information may be affixed or attached to the container, but must at a
minimum be associated with the container:
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(i) The date that the unwanted material first began accumulating in the container, and
(ii) Information sufficient to allow a trained professional to properly identify whether an
unwanted material is a solid and hazardous waste and to assign the proper hazardous
waste code(s), pursuant to §262.11. Examples of information that would allow a trained
professional to properly identify whether an unwanted material is a solid or hazardous
waste include, but are not limited to:
(A) The name and/or description of the chemical contents or composition of the
unwanted material, or, if known, the product of the chemical reaction,
(B) Whether the unwanted material has been used or is unused,
(C) A description of the manner in which the chemical was produced or processed, if
applicable.
(b) Management of Containers in the Laboratory: An eligible academic entity must
properly manage containers of unwanted material in the laboratory to assure safe storage
of the unwanted material, to prevent leaks, spills, emissions to the air, adverse chemical
reactions, and dangerous situations that may result in harm to human health or the
environment. Proper container management must include the following:
(1) Containers are maintained and kept in good condition and damaged containers are
replaced, overpacked, or repaired, and
(2) Containers are compatible with their contents to avoid reactions between the contents
and the container; and are made of, or lined with, material that is compatible with the
unwanted material so that the container's integrity is not impaired, and
(3) Containers must be kept closed at all times, except:
(i) When adding, removing or consolidating unwanted material, or
(ii) A working container may be open until the end of the procedure or work shift, or until
it is full, whichever comes first, at which time the working container must either be
closed or the contents emptied into a separate container that is then closed, or
(iii) When venting of a container is necessary.
(A) For the proper operation of laboratory equipment, such as with in-line collection of
unwanted materials from high performance liquid chromatographs, or
(B) To prevent dangerous situations, such as build-up of extreme pressure.
§262.207 Training.
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An eligible academic entity must provide training to all individuals working in a
laboratory at the eligible academic entity, as follows:
(a) Training for laboratory workers and students must be commensurate with their duties
so they understand the requirements in this subpart and can implement them.
(b) An eligible academic entity can provide training for laboratory workers and students
in a variety of ways, including, but not limited to:
(1) Instruction by the professor or laboratory manager before or during an experiment; or
(2) Formal classroom training; or
(3) Electronic/written training; or
(4) On-the-job training; or
(5) Written or oral exams.
(c) An eligible academic entity that is a large quantity generator must maintain
documentation for the durations specified in §265.16 (e) demonstrating training for all
laboratory workers that is sufficient to determine whether laboratory workers have been
trained. Examples of documentation demonstrating training can include, but are not
limited to, the following:
(1) Sign-in/attendance sheet(s) for training session(s); or
(2) Syllabus for training session; or
(3) Certificate of training completion; or
(4) Test results.
(d) A trained professional must:
(1) Accompany the transfer of unwanted material and hazardous waste when the
unwanted material and hazardous waste is removed from the laboratory, and
(2) Make the hazardous waste determination, pursuant to §262.11, for unwanted material.
§ 262.208 Removing containers of unwanted material from the laboratory.
(a) Removing containers of unwanted material on a regular schedule. An eligible
academic entity must either:
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(1) Remove all containers of unwanted material from each laboratory on a regular
interval, not to exceed 6 months; or
(2) Remove containers of unwanted material from each laboratory within 6 months of
each container's accumulation start date.
(b) The eligible academic entity must specify in Part I of its Laboratory Management
Plan whether it will comply with paragraph (a)(l) or (a)(2) of this section for the regular
removal of unwanted material from its laboratories.
(c) The eligible academic entity must specify in Part II of its Laboratory Management
Plan how it will comply with paragraph (a)(l) or (a)(2) of this section and develop a
schedule for regular removals of unwanted material from its laboratories.
(d) Removing containers of unwanted material when volumes are exceeded.
(1) If a laboratory accumulates a total volume of unwanted material (including reactive
acutely hazardous unwanted material) in excess of 55 gallons before the regularly
scheduled removal, the eligible academic entity must ensure that all containers of
unwanted material in the laboratory (including reactive acutely hazardous unwanted
material):
(i) Are marked on the label that is associated with the container (or on the label that is
affixed or attached to the container, if that is preferred) with the date that 55 gallons is
exceeded; and
(ii) Are removed from the laboratory within 10 calendar days of the date that 55 gallons
was exceeded, or at the next regularly scheduled removal, whichever comes first.
(2) If a laboratory accumulates more than 1 quart of reactive acutely hazardous unwanted
material before the regularly scheduled removal, then the eligible academic entity must
ensure that all containers of reactive acutely hazardous unwanted material:
(i) Are marked on the label that is associated with the container (or on the label that is
affixed or attached to the container, if that is preferred) with the date that 1 quart is
exceeded; and
(ii) Are removed from the laboratory within 10 calendar days of the date that 1 quart was
exceeded, or at the next regularly scheduled removal, whichever comes first.
§ 262.209 Where and when to make the hazardous waste determination and where to
send containers of unwanted material upon removal from the laboratory.
(a) Large quantity generators and small quantity generators—an eligible academic entity
must ensure that a trained professional makes a hazardous waste determination, pursuant
to §262.11, for unwanted material in any of the following areas:
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(1) In the laboratory before the unwanted material is removed from the laboratory, in
accordance with §262.210;
(2) Within 4 calendar days of arriving at an on-site central accumulation area, in
accordance with §262.211; and
(3) Within 4 calendar days of arriving at an on-site interim status or permitted treatment,
storage or disposal facility, in accordance with §262.212.
(b) Conditionally exempt small quantity generators—an eligible academic entity must
ensure that a trained professional makes a hazardous waste determination, pursuant to
§262.11, for unwanted material in the laboratory before the unwanted material is
removed from the laboratory, in accordance with §262.210.
§ 262.210 Making the hazardous waste determination in the laboratory before the
unwanted material is removed from the laboratory.
If an eligible academic entity makes the hazardous waste determination, pursuant to
§262.11, for unwanted material in the laboratory, it must comply with the following:
(a) A trained professional must make the hazardous waste determination, pursuant to
§262.11, before the unwanted material is removed from the laboratory.
(b) If an unwanted material is a hazardous waste, the eligible academic entity must:
(1) Write the words "hazardous waste" on the container label that is affixed or attached to
the container, before the hazardous waste may be removed from the laboratory; and
(2) Write the appropriate hazardous waste code(s) on the label that is associated with the
container (or on the label that is affixed or attached to the container, if that is preferred)
before the hazardous waste is transported off-site.
(3) Count the hazardous waste toward the eligible academic entity's generator status,
pursuant to §261.5 (c) and (d), in the calendar month that the hazardous waste
determination was made.
(c) A trained professional must accompany all hazardous waste that is transferred from
the laboratory(ies) to an on-site central accumulation area or on-site interim status or
permitted treatment, storage or disposal facility.
(d) When hazardous waste is removed from the laboratory:
(1) Large quantity generators and small quantity generators must ensure it is taken
directly from the laboratory(ies) to an on-site central accumulation area, or on-site
interim status or permitted treatment, storage or disposal facility, or transported off-site.
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(2) Conditionally exempt small quantity generators must ensure it is taken directly from
the laboratory(ies) to any of the types of facilities listed in §261.5 (f)(3) for acute
hazardous waste, or §261.5 (g)(3) for hazardous waste.
(e) An unwanted material that is a hazardous waste is subject to all applicable hazardous
waste regulations when it is removed from the laboratory.
§ 262.211 Making the hazardous waste determination at an on-site central
accumulation area.
If an eligible academic entity makes the hazardous waste determination, pursuant to
§262.11, for unwanted material at an on-site central accumulation area, it must comply
with the following:
(a) A trained professional must accompany all unwanted material that is transferred from
the laboratory(ies) to an on-site central accumulation area.
(b) All unwanted material removed from the laboratory(ies) must be taken directly from
the laboratory(ies) to the on-site central accumulation area.
(c) The unwanted material becomes subject to the generator accumulation regulations of
§262.34 (a) (or §262.34 (j) and (k) for Performance Track members) for large quantity
generators or §262.34 (d)-(f) for small quantity generators as soon as it arrives in the
central accumulation area, except for the "hazardous waste" labeling requirements of
§262.34 (a)(3) (or §262.34 (j)(6) for Performance Track members).
(d) A trained professional must determine, pursuant to §262.11, if the unwanted material
is a hazardous waste within 4 calendar days of the unwanted materials' arrival at the on-
site central accumulation area.
(e) If the unwanted material is a hazardous waste, the eligible academic entity must:
(1) Write the words "hazardous waste" on the container label that is affixed or attached to
the container, within 4 calendar days of arriving at the on-site central accumulation area
and before the hazardous waste may be removed from the on-site central accumulation
area, and
(2) Write the appropriate hazardous waste code(s) on the container label that is associated
with the container (or on the label that is affixed or attached to the container, if that is
preferred) before the hazardous waste may be treated or disposed of on-site or transported
off-site, and
(3) Count the hazardous waste toward the eligible academic entity's generator status,
pursuant to §261.5 (c) and (d) in the calendar month that the hazardous waste
determination was made, and
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(4) Manage the hazardous waste according to all applicable hazardous waste regulations.
§ 262.212 Making the hazardous waste determination at an on-site interim status or
permitted treatment, storage or disposal facility.
If an eligible academic entity makes the hazardous waste determination, pursuant to
§262.11, for unwanted material at an on-site interim status or permitted treatment, storage
or disposal facility, it must comply with the following:
(a) A trained professional must accompany all unwanted material that is transferred from
the laboratory(ies) to an on-site interim status or permitted treatment, storage or disposal
facility.
(b) All unwanted material removed from the laboratory(ies) must be taken directly from
the laboratory(ies) to the on-site interim status or permitted treatment, storage or disposal
facility.
(c) The unwanted material becomes subject to the terms of the eligible academic entity's
hazardous waste permit or interim status as soon as it arrives in the on-site treatment,
storage or disposal facility.
(d) A trained professional must determine, pursuant to §262.11, if the unwanted material
is a hazardous waste within 4 calendar days of the unwanted materials' arrival at an on-
site interim status or permitted treatment, storage or disposal facility.
(e) If the unwanted material is a hazardous waste, the eligible academic entity must:
(1) Write the words "hazardous waste" on the container label that is affixed or attached to
the container (or on the label that is affixed or attached to the container, if that is
preferred) within 4 calendar days of arriving at the on-site interim status or permitted
treatment, storage or disposal facility and before the hazardous waste may be removed
from the on-site interim status or permitted treatment, storage or disposal facility, and
(2) Write the appropriate hazardous waste code(s) on the container label that is associated
with the container (or on the label that is affixed or attached to the container, if that is
preferred) before the hazardous waste may be treated or disposed on-site or transported
off-site, and
(3) Count the hazardous waste toward the eligible academic entity's generator status,
pursuant to §261.5 (c) and (d) in the calendar month that the hazardous waste
determination was made, and
(4) Manage the hazardous waste according to all applicable hazardous waste regulations.
§262.213 Laboratory clean-outs.
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(a) One time per 12 month period for each laboratory, an eligible academic entity may
opt to conduct a laboratory clean-out that is subject to all the applicable requirements of
this subpart, except that:
(1) If the volume of unwanted material in the laboratory exceeds 55 gallons (or 1 quart of
reactive acutely hazardous unwanted material), the eligible academic entity is not
required to remove all unwanted materials from the laboratory within 10 calendar days of
exceeding 55 gallons (or 1 quart of reactive acutely hazardous unwanted material), as
required by §262.208. Instead, the eligible academic entity must remove all unwanted
materials from the laboratory within 30 calendar days from the start of the laboratory
clean-out; and
(2) For the purposes of on-site accumulation, an eligible academic entity is not required
to count a hazardous waste that is an unused commercial chemical product (listed in 40
CFR part 261, subpart D or exhibiting one or more characteristics in 40 CFR part 261,
subpart C) generated solely during the laboratory clean-out toward its hazardous waste
generator status, pursuant to §261.5 (c) and (d). An unwanted material that is generated
prior to the beginning of the laboratory clean-out and is still in the laboratory at the time
the laboratory clean-out commences must be counted toward hazardous waste generator
status, pursuant to §261.5 (c) and (d), if it is determined to be hazardous waste; and
(3) For the purposes of off-site management, an eligible academic entity must count all
its hazardous waste, regardless of whether the hazardous waste was counted toward
generator status under paragraph (a)(2) of this section, and if it generates more than 1
kg/month of acute hazardous waste or more than 100 kg/month of hazardous waste (i.e.,
the conditionally exempt small quantity generator limits of §261.5), the hazardous waste
is subject to all applicable hazardous waste regulations when it is transported off-site; and
(4) An eligible academic entity must document the activities of the laboratory clean-out.
The documentation must, at a minimum, identify the laboratory being cleaned out, the
date the laboratory clean-out begins and ends, and the volume of hazardous waste
generated during the laboratory clean-out. The eligible academic entity must maintain the
records for a period of three years from the date the clean-out ends; and
(b) For all other laboratory clean-outs conducted during the same 12-month period, an
eligible academic entity is subject to all the applicable requirements of this subpart,
including, but not limited to:
(1) The requirement to remove all unwanted materials from the laboratory within 10
calendar days of exceeding 55 gallons (or 1 quart of reactive acutely hazardous unwanted
material), as required by §262.208; and
(2) The requirement to count all hazardous waste, including unused hazardous waste,
generated during the laboratory clean-out toward its hazardous waste generator status,
pursuant to §261.5 (c) and (d).
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§262.214 Laboratory management plan.
An eligible academic entity must develop and retain a written Laboratory Management
Plan, or revise an existing written plan. The Laboratory Management Plan is a site-
specific document that describes how the eligible academic entity will manage unwanted
materials in compliance with this subpart. An eligible academic entity may write one
Laboratory Management Plan for all the laboratories owned by the eligible academic
entity that have opted into this subpart, even if the laboratories are located at sites with
different EPA Identification Numbers. The Laboratory Management Plan must contain
two parts with a total of nine elements identified in paragraphs (a) and (b) of this section.
In Part I of its Laboratory Management Plan, an eligible academic entity must describe its
procedures for each of the elements listed in paragraph (a) of this section. An eligible
academic entity must implement and comply with the specific provisions that it develops
to address the elements in Part I of the Laboratory Management Plan. In Part II of its
Laboratory Management Plan, an eligible academic entity must describe its best
management practices for each of the elements listed in paragraph (b) of this section. The
specific actions taken by an eligible academic entity to implement each element in Part II
of its Laboratory Management Plan may vary from the procedures described in the
eligible academic entity's Laboratory Management Plan, without constituting a violation
of this subpart. An eligible academic entity may include additional elements and best
management practices in Part II of its Laboratory Management Plan if it chooses.
(a) The eligible academic entity must implement and comply with the specific provisions
of Part I of its Laboratory Management Plan. In Part I of its Laboratory Management
Plan, an eligible academic entity must:
(1) Describe procedures for container labeling in accordance with §262.206(a), including:
(i) Identifying whether the eligible academic entity will use the term "unwanted material"
on the containers in the laboratory. If not, identify an equally effective term that will be
used in lieu of "unwanted material" and consistently by the eligible academic entity. The
equally effective term, if used, has the same meaning and is subject to the same
requirements as "unwanted material."
(ii) Identifying the manner in which information that is "associated with the container"
will be imparted.
(2) Identify whether the eligible academic entity will comply with §262.208(a)(l) or
(a)(2) for regularly scheduled removals of unwanted material from the laboratory.
(b) In Part II of its Laboratory Management Plan, an eligible academic entity must:
(1) Describe its intended best practices for container labeling and management, including
how the eligible academic entity will manage containers used for in-line collection of
unwanted materials, such as with high performance liquid chromatographs and other
laboratory equipment (see the required standards at §262.206).
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(2) Describe its intended best practices for providing training for laboratory workers and
students commensurate with their duties (see the required standards at §262.207(a)).
(3) Describe its intended best practices for providing training to ensure safe on-site
transfers of unwanted material and hazardous waste by trained professionals (see the
required standards at §262.207(d)(l)).
(4) Describe its intended best practices for removing unwanted material from the
laboratory, including:
(i) For regularly scheduled removals—Develop a regular schedule for identifying and
removing unwanted materials from its laboratories (see the required standards at
§262.208(a)(l) and (a)(2)).
(ii) For removals when maximum volumes are exceeded:
(A) Describe its intended best practices for removing unwanted materials from the
laboratory within 10 calendar days when unwanted materials have exceeded their
maximum volumes (see the required standards at §262.208(d)).
(B) Describe its intended best practices for communicating that unwanted materials have
exceeded their maximum volumes.
(5) Describe its intended best practices for making hazardous waste determinations,
including specifying the duties of the individuals involved in the process (see the required
standards at §262.11 and §§262.209 through 262.212).
(6) Describe its intended best practices for laboratory clean-outs, if the eligible academic
entity plans to use the incentives for laboratory clean-outs provided in §262.213,
including:
(i) Procedures for conducting laboratory clean-outs (see the required standards at
§262.213(a)(l) through (3)); and
(ii) Procedures for documenting laboratory clean-outs (see the required standards at
§262.213(a)(4)).
(7) Describe its intended best practices for emergency prevention, including:
(i) Procedures for emergency prevention, notification, and response, appropriate to the
hazards in the laboratory; and
(ii) A list of chemicals that the eligible academic entity has, or is likely to have, that
become more dangerous when they exceed their expiration date and/or as they degrade;
and
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(iii) Procedures to safely dispose of chemicals that become more dangerous when they
exceed their expiration date and/or as they degrade; and
(iv) Procedures for the timely characterization of unknown chemicals.
(c) An eligible academic entity must make its Laboratory Management Plan available to
laboratory workers, students, or any others at the eligible academic entity who request it.
(d) An eligible academic entity must review and revise its Laboratory Management Plan,
as needed.
§ 262.215 Unwanted material that is not solid or hazardous waste.
(a) If an unwanted material does not meet the definition of solid waste in §261.2, it is no
longer subject to this subpart or to the RCRA hazardous waste regulations.
(b) If an unwanted material does not meet the definition of hazardous waste in §261.3, it
is no longer subject to this subpart or to the RCRA hazardous waste regulations, but must
be managed in compliance with any other applicable regulations and/or conditions.
§ 262.216 Non-laboratory hazardous waste generated at an eligible academic entity.
An eligible academic entity that generates hazardous waste outside of a laboratory is not
eligible to manage that hazardous waste under this subpart; and
(a) Remains subject to the generator requirements of §§262.11 and 262.34 (c) for large
quantity generators and small quantity generators (if the hazardous waste is managed in a
satellite accumulation area), and all other applicable generator requirements of 40 CFR
part 262, with respect to that hazardous waste; or
(b) Remains subject to the conditional exemption of §261.5 (b) for conditionally exempt
small quantity generators, with respect to that hazardous waste.
Related Resources:
Hazardous Waste Generated in Laboratories
Miscellaneous Resources
Miscellaneous
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• Regulatory Status of Waste Generated by Contractors and Resident from Lead-
Based Paint Activities Conducted in Households (7/31/2000)
• Co-Generator Policy And Exceptions When a Generator Is Designated By A
Mutual Agreement Among Co-Generators
• Frequently Asked Questions on Wastes
• Generator Status of Contractors Who Remove Lead-Based Paint
• Interpretation of Generator Requirements as Applied to Various On-Site and Off-
Site Scenarios
Empty Containers
• Regulatory Status of Residues Removed from Empty Containers
• Burning of Residues Remaining in Empty Containers
• Empty Containers Regulatory Status
• Policy on the Management of Rinsate from Empty Containers
• Triple Rinsing of Empty Containers
• Containers That Held Commercial Chemical Products, Definition of Empty
• Empty Container Residue Handling
• Empty Tank Cars That Contained Commercial Chemical Product
• Empty Container Rule Applied to Tanker or Vacuum Trucks
• Empty Container Regulations
• Steam-Spraying of an Empty Tank
• When Residue in an Empty Container is No Longer Regulated
• Empty Container Definition
Treatment
• Generator Treatment in Accumulation Tanks and Containers
• Treatment in Accumulation Tanks and Containers Allowed for All Generators
Subject to 262.34
• Frequently Asked Questions on Generator Treatment
• Generator Treatment in Accumulation Tanks and Containers
• Treatment in Accumulation Tanks and Containers Allowed for All Generators
Subject to 262.34
• Treatment in a Generator's 90-Day Containment Building
• Regulatory Clarification of Totally Enclosed Treatment Facility
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